HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 27, 1861.Mr. FISHER in the Chair.
Mr. ROBBINS asked, but did not obtain leave to record his vote on Mr. Veatch's Bank bill [62] which was passed yesterday.
PETITIONS.
Mr. CAMERON presented the memorial of N. B. Price and others against sheep-killing dogs ; which was referred to the Committee on Agriculture.
Mr. COMBS presented the memorial of Wm. W. Kinneman and others, citizens of the State of Indiana, without respect to party, for Legislative instructions in favor of Compromise on the basis of the Crittenden propositions; which was referred to the Committee of Thirteen.
Mr. JENKINSON presented the claim of William Rockhill for $10,000 on account of 100 acres of land sold to the Commissioners page: 297[View Page 297] for a site for the Northern State Prison; was referred to the Committee on Claims.
CIRCTIT COURTS OF THE SECOND CIRCUIT.
Mr. HEFFREN asked and obtained leave to introduce a bill [324] To repeal all laws now in force establishing the time of holding the circuit courts in the Second Judicial Circuit, to fix the time of holding said courts, requiring all persons to take notice thereof, providing for the return of process, &c.; and (the constitutional provision being suspended for the purpose,) it was passed the second reading, ordered to be engrossed, considered as engrossed, and passed the third and last reading in the House of Representatives yeas 84, nays 4.
Mr. WILLIAMS (by unanimous consent) from the Select Committee thereon, returned the bill [S. 177] To amend sec. 5 of the act fixing the times of holding courts in the several counties in this State, with an amendment, viz : the times of holding courts in Ohio county shall be the second Monday in January, May and September, and hold for one week only.
The amendment was adopted, and ordered to be engrossed.
Mr. FISH&R, from the Committee on Ways and Means, reported a bill [325] To raise revenue for State purposes for the years 1861 and 1862 : which was passed to the second reading.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. CASON returned Mr. Jones of Tippecanoe's bill [315] To amend the liquor law of 1859 in the 3d, 4th, 9th and llth sections, recommending passage.
It was ordered to be engrossed.
Mr. BUNDY returned the bill [S. 116] To amend section 7 of the act of February 5, '52, to provide for the election of Reporter to the Supreme Court, &c. , recommending passage.
It was passed to the third reading.
Mr. EDSON returned Mr. Brett's bill [254] To provide for the re-valuation and sale of for-forfeited school lands, recommending its passage.
It was ordered to be engrossed.
Mr. GRESHAM returned Mr. Slack's bill [S. 104] To amend the acts of May 6, 1852, and March 2, 1859, concerning real property and the alienation thereof, and to legalize conveyance made by Indians, negroes and mulattoes, and persons of mixed blood, recommending passage.
It was ordered to the third reading, read the third time, and passed yeas 82, nays 2.
Mr. EDSON returned Mr. Mutz's bill [220] To amend the 17th section of the act of May 14, 1852, regulating the descent and apportionment of estates, recommending passage.
It was ordered to be engroseed.
He also returned his own bill [281] for the compensation of District Attorneys and regulating their fees, with an amendment, reducing the salary to $300, the county to pay the salary.
The amendment was adopted, and so the bill was ordered to the engrossment.
Mr. BINGHAM returned Mr. Veatch's bill [286] To provide for the detection and arrest of felons, recommending passage.He also returned the joint resolution [5] proposing to amend the second article of the Constitution, so as to guard against fraudulent voting, recommending its passage.
It was passed the House-yeas 82, nays 2.
Mr. VEATCH returned Mr. Branham's sinking fund bill [235] recommending passage.
It was ordered to be engrossed.
Mr. DAVIS. from the Committee on Agriculture, returned the concurrent resolution [13] for Legislative instructions against the renewal of McCormick's patent for Reapers and Mowers, recommending its adoption. The resolution was accordingly adopted.
Mr. STOTSENBERG from the Committee on the Organization of Courts, reported favorably on Mr. Packard's common pleas bill, [263] and it was ordered to be engrossed.
Mr. CAMERON, from the Committee on Benevolent Institutions, returned the petition of N. Field, and others, for admission to the Lunatic Asylum of epileptic patients, from the State Prison, and reported that there are now more recent and curable patients in the Asylum than can well be accommodated, and such should be preferred before the epileptics, which cases are rarely curable. The Committee would like to recommend an addition to the Hospital, but in the present condition of the treasury, they are constrained to report further legislation in this matter inexpedient.
The report was concurred in.
COMMON SCHOOL SYSTEM.
The SPEAKER announced the special order-viz: the consideration of the Education Committee's bill [61.]
Mr. GROVER stated that it was got up in connection with the Senate Committee on Education, &c.
Mr. HEFFREN, to facilitate amendments, moved that the House go into Committee of the Whole.
And accordingly, the House resolved into Committee of the Whole-Mr. Heffren in the Chair-and proceeded to read and consider the bill [61] To provide' for a general system of Common Schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith; and for the establishment and regulation of township libraries.
The first section being read-
Mr. FISHER moved to fill the first blank with ten cents [tax.]
Mr. VEATCH proposed 15 cents for the first, and 25 cents for the second [poll tax.]
Mr. VEATCH'S first amendment was rejected, and the second adopted.
page: 298[View Page 298]Mr. FISHER'S amendment was adopted.
The second section being read-
Mr. GROVER moved to strike out "and unclaimed fees," where it first occurs, and insert the same after the words "of intoxicating liquors," so as to guarantee its distribution principal and interest-throughout the State : which was adopted on a division-affirmative 33, negative 31.
Mr. RAGAN proposed to strike out all that part relating to funds arising from the sale of intoxicating liquors.
Mr. LANE was opposed to having the children of the State educated from the drunkard's fund. It might better go to the support of the Lunatic Asylum.
Mr. FRASIER was at a loss to see the difference between funds. He preferred that it should go to the education of the neglected children, than to foster the drunken father, &c.
Mr. PARRETT. It was ''straining out a gnat and swallowing a camel."
Mr. RAGAN. The school fund had been cursed ever since the liquor fund went into it. He regarded the support of the common schools as the most important question in our legislation, and would yield to no man in zeal in this direction.
Mr. PARRETT. This discrimination was all nonsense.
Mr. FORD asked the gentleman from Putnam if, as a member of the church, he would object to a man appropriating his money in his church because he is a grocery keeper. Although the fund may come from an evil source, great good may come out of it.
Mr. Ragan's amendment was rejected.
Mr. BRETT proposed to insert: "add the same to the general fund."
Mr. BLACK proposed to make everything "principal" accruing to the school fund, except funds arising from interest and taxes.
Mr. BRETT accepted, but the amendment was rejected by the Committee.
Mr. FISHER moved to reconsider the vote adopting the 25 cents poll tax, in the first section, for the purpose of making it 50 cents.
Mr. CAMERON. Property ought to educate the people.
Mr. PARRETT took the same position. The interest of every man was represented here, except the man that had no property. He would not raise this poll tax.
Mr. FERGUSON concurred in the same views.
Mr. RAGAN. These poor men wanted the privilege of doing something for the State, to help pay for their schooling. He had an amendment to make it 50 cents, and he should vote for it as a friend of the poor man.
Mr. THOMAS spoke in favor of the 50 cents poll tax.
The vote was reconsidered.
Mr. RAGAN proposed to fill the blank with 50 cents.
Mr. VEATCH. It does not reach old men without children; but it does reach that unfortunate class that have none. The blank was filled with 50 cents.
Mr. PARRETT made an ineffectual motion to reconsider the vote on the first blank in the first section.
Section 3 having been read-
Mr. BUNDY proposed to add: " and it shall be the duty of the Attorney General to see to this interest, and that such counties as have lost any part of this fund shall replace the same.
Mr. DOBBINS proposed to amend by adding:" It shall be the duty of the Attorney General to see that the State of Indiana pay the interest on the money borrowed by the State from said fund;" which was declared out of order.
Mr. Bundy's amendment was adopted.
Sections 4, 5, 6, were severally read and passed without amendment.
Section 7 was amended by adding " without benefit of valuation or appraisement laws."
Section 8 was read and passed.
Section 9 being read-
Mr. ATKISSON proposed to strike out all that relates to the establishment of graded schools.
Mr. WOODHULL. The graded school was for the benefit of the children of the poor.
The amendment was rejected.
Section 10 being read-
Mr. WOODS proposed a substitute for the 10th section, viz.: " The schools of the townships that require but one teacher shall receive an equal amount of money, and each school shall be numbered."
Mr. VEATCH and Mr. CASON. The proposition was to level downward to the capacity of the least favored districts.
The amendment was rejected.
Section 11 being read-
Mr. HAWORTH proposed to strike out the words "with the concurrence of the county commissioners of their respective counties" [Trustees' tax;] which was rejected.
Section 12 was read-
Mr. WOODHULL proposed to insert after "trustee," "or by the director of such district."
Mr. VEATCH. What director?
Mr. WOODHULL. Of the school district.
It was rejected.
Mr. FRASIER proposed " trustee" in place of " assessors."
Mr. VEATCH. It would mar the bill.
It was rejected.
Mr. COLLINS, of Adams, proposed to strike out all after the word " enumeration"the clause including pupils over twenty-one-to test the committee on this question.
Mr. LANE. Winter schools were crowded with applications from such pupils. They should not exclude the children.
Mr. DAVIS. It was proposed to tax young men-should they be excluded?
page: 299[View Page 299]Mr. WOODHULL. The provision of the Constitution require that we shall include all who need school instruction.
Mr. ORR desired to encourage young men to come to school.
It was rejected.
Mr. VEATCH proposed to insert appropriately: "together with the legal voters hereinafter provided;" and at the end: " and provided further, that any legal voter, whether having charge of children or not, may attach himself to the school district at any time before closing the enumeration."
Mr. WOODS and Mr. FISHER thought this was comprehended in sec. 13.
Mr. VEATCH. It would cut off all legal voters not having children.
The amendment was adopted.
Mr. STOTSENBERG proposed to strike out "five" and insert "seven"for the age of admission of pupils.
Mr. COLLINS, of Adams. The Constitution says, the schools shall be free and open to all.
Mr. WOODHULL would not obstruct the draft at the "pyerrian spring." . [Applause.]Mr. Stotsenberg supported his proposition.
Mr. PARRETT proposed to amend the amendment, by inserting "six," which was rejected; and then Mr. Stotsenberg's amendment was rejected.
Section 13 was passed without amendment.
Section 14 being read-
Mr. GROVER proposed to add: "and it shall be lawful for the trustee of the township to which such territory shall be transferred, to locate and build school houses therein, the same as if such territory was a part of the civil township to which it was attached.
The amendment was rejected.
Section 15 was passed over.
Section 16 being read-
Mr. ORR proposed to strike out "examiner," and insert "auditor;" which was rejected.
Section 17 was passed.
Section 18 being read-
Mr. FRASIER proposed to strike out "jurisdiction," and insert "county," (with regard to newspaper publication.)
Mr. FISHER proposed " township," which was rejected.
Mr. Frasier's amendment was also rejected.
Mr. BRETT proposed to strike out all that relates to publishing the trustee's statement in a newspaper.
Mr. ATKISSON hoped it would prevail.
Mr. PARRETT preferred the section as it stands-giving the discretion to print or not entirely to the trustee.
Mr. FORD and Mr. McCLURG concurred with Mr. Parrett.
Mr. CRAIN and Mr. PROSSER were for restricting the trustee to economy.
Mr. CAMERON proposed to add: "provided it can be published free of cost."
The amendment to the amendment was rejected.
Mr. PROSSER moved to reconsider the vote on Mr. Orr's motion to require the trustee to report to the auditor, instead of the " Examiner."
On motion by Mr. Speaker ALLEN, the committee rose, reported progress, and asked and obtained leave to sit again this afternoon.
AFTERNOON SESSION.
The House, in Committee of the Whole, resumed the School bill-Mr. Heffren in the Chair.
Mr. Brett's amendment was adopted.
Mr. Prosser's motion to reconsider the vote rejecting Mr. Orr's motion to strike out from the 16th section, the words "school examiner," and insert "county auditor," coming up-
Mr. FISHER, Mr. NEBEKER and Mr. BUNDY. Several members of the Committee on Education are not present. They concurred in view of the proposed amendment.
Mr. ORR. This Examiner clause would create a new county officer which would involve the school system in an annual expense of twelve or fifteen thousand dollars.
Mr. VEATCH urged that it would be better to consider this question under section 33 in relation to school examiners.
Mr. PROSSER acquiesced, and the motion to reconsider was passed over.
Section 19 being read-
Mr. COLLINS, of Adams, proposed to insert "assistant" before "teacher."
Mr. HENRICKS proposed "principal" before "teacher" in the second line; which was accepted and adopted; and so the question was passed.
Section 20 being read-
Mr. McCLURG proposed to amend by striking out all between " subject" in line 14, and "amount" in the 17th line, and insert a clause subjecting the delinquent trustee to a penalty of $25, allowing the penalty to fall on the head of the delinquent party. The people of the township should not suffer for the delinquency of their officer.
It was adopted.
Mr. LANE proposed to strike out the word "average" in the 5th line; which was rejected.
Sections 21, 22 were read and passed.
Section 23 being read-
Mr. GROVER proposed to add: The director so selected shall, within 20 days, notify the trustee of the township; and, in case he fails to do so, the trustee shall appoint, &c.
Mr. ROBERTS proposed to strike out " inhabitants," and insert " legal voters," which was rejected.
Sections 24, 25 were read and passed.
Section 26 being read-
Mr. GROVER proposed to insert[Trustees] shall fill all vacancies that may occur in the office of director; which was adopted.
Section 27 was passed.
Section 28 being read-
Mr. NEBEKER proposed to strike out the page: 300[View Page 300] words "only from good cause shown"so the trustee shall not overrule the people in the matter of the discharge of a teacher.
Mr. MOORMAN thought they ought to show cause.
Mr. FRASIER. A teacher could do little good where the majority were opposed to him.
Mr. PROSSER. The suffrages of the majority made a sufficient showing.
The amendment was rejected.
Mr. RAGAN proposed " previously " before the last word of the section; which was rejected.
Sections 29-32 were passed.
Section 33 being read-
Mr. BRETT proposed "annually" instead of "triennially" (term of county examiner;) which was adopted.
Mr. GROVER proposed to insert n which oath shall be filed with the county auditor;" which was adopted.
Section 34 being read-
Mr. GROVER proposed to insert "any other evidence of qualification;" which was adopted.
Section 35 being read-
Mr. CAMERON proposed to strike it out. A common school was not a college, &c.
Mr. WOODHULL. The law provides for graded schools, and what was the use of restricting advancement?
The amendment was rejected.
Mr. STEVENSON proposed: "Director" employ the teacher instead of "trustee," which was rejected.
Section 36 being read-
Mr. PROSSER proposed to strike out "and a second certificate shall not be granted to any individual for such low grade of qualification ; " which was rejected.
Section 37 was passed.
Section 38 being read-
Mr. GROVER proposed "May," instead of "August," which was agreed to.
Section 45 being read-
Mr. ANDERSON proposed to substitute for the 10th section : Sec. 10. The county examiner shall hold public examinations of applicants for license at the county seats on the first Mondays in April, Juue, August, October and December; and as far as practicable shall have such examination by classes." His object was to establish the time by law, so that everybody who desired to do so may be present.
Mr. VEATCH. The object of the bill was not to confine educational influences to the county seat, &c.
Mr. DAVIS. If you set a certain time it implies that a teacher shall not have a license at any other time.
The amendment was rejected.
Mr. RAGAN. There should be an examination at least once a month-say on the first Saturday of each month. It was rejected.
Mr. GRESHAM thought these examinations would throw the law into disrepute. He moved to strike out the whole section.
Mr. FRASIER. It would excite emulation among teachers.
Mr. PARRETT took an opposite People should not go without teachers for of examinations. He was for striking out.
Mr. VEATCH. The bill certainly was intended to admit of examinations at any time as well as to require stated public examinations.
The committee refused to strike out-affirmative 25, negative 41.
Mr. KNOWLTON proposed to add : "Provided the school examiner shall examine any applicant that may call upon him for the purpose; which was adopted.
Section 46 being read-
Mr. LANE moved to strike it out. There was room for abuse here by collusions.
Mr. CAMERON proposed : " not exceeding two dollars per day"the service to be sworn to.
. FRASIER proposed $10 50.
These were both rejected.
Mr. MOORMAN proposed to require the examiner to submit an accurate account of his services, verified by oath or affirmation-which was adopted.
Mr. NEBEKER proposed to insert "whose (the commissioners') decision shall be "final;" which was rejected.
Mr. MOORMAN proposed to add: "Provided, that in no case shall his annual compensation exceed $150;" which was rejected; and then the question recurred on Mr. Lane's motion to strike out.
Mr. GRESHAM spoke in favor of striking out, and it was passed over again.
Mr. WOODHULL and Mr. PROSSER now urged the motion to consider the vote refusing to substitute "county auditor" for "school examiner" in the 16th section.
Mr. FRASIER. Was it proposed to transfer all the duties of the examiner to the county auditor? If so, was it to be supposed that he would be competent in all cases, or that he would attend to all this business for nothing?
Mr. VEATCH said the defect of the present system was at this point the inability of the county auditors to attend to those duties here proposed to be devolved on the county examiner. He believed this bill fully provided for the performance of these duties, and for that reason he was for it. The allowance of compensation was brought down to the people themselves.
Mr. SMITH, of Bartholomew, opposed the creation of a new officer. A proposition to limit this officer's compensation to $150 was voted down. At that rate the annual expense of this officer would be $13,950.
Mr. CASON. The failure of this provision would be fatal to the bill. The auditor was now fully paid for all these duties proposed for the school examiner. page: 301[View Page 301]The committee refused to reconsider; and then the committee refused to strike out section 45.
Section 47 was passed.
Section 48 being read-
Mr. GROVER proposed to strike out "April' and insert "March;" which was adopted.
Section 49, 52 were passed.
Mr. NEBEKER, being satisfied that this was a scheme to tax the people, without any corresponding benefit, he moved that the committee rise and ask to be discharged from the further consideration of the subject. His motion failed.
Sections 53, 77 were passed.
Section 78 being read-
On motion by Mr. CASON, "loaned at 10 per cent." was made "seven;" and so through out the bill.
Sections 79, 114 were passed.
Section 115 being read-
Mr. GROVER proposed to add: " which report shall be verified by the oath of the auditor endorsed thereon;" which was agreed to.
Sections 116 and 117 were passed.
Section 118 being read-
Mr. GROVER proposed to insert: "together with his own affidavit of that fact:" which was agreed to.
Mr. CASON made an ineffectual motion to strike out section 119.
Sections 120 to 124 were passed.
On motion by Mr. ANDERSON, section 125 (allowing the Superintendent of Public Instruction $500 a year while engaged in traveling) was stricken out.
Section 126 was passed.
Section 127 being read-
Mr. FRASIER proposed to strike out, the provision for a clerk of the Superintendent at $1,000; which was agreed to.
Mr. PROSER moved ineffectually to reconsider this vote.
Sections 128, 129 were passed.
Section 130 being read-
On motion by Mr. KNOWLTON, 5,000 instead of 10,000 was fixed as the number of copies of the Superintendent's biennial report.
Mr. FRASIER made an ineffectual motion to strike out the section.
Section 131 being read-
On motion by Mr. HORTON, these words were stricken from the last line : "shall forfeit a sum equal to half the annual amount allowed him for clerk hire."
On motion by Mr. CAMERON, section 132, making the Superintendent ex-officio a member of the Board of Trustees for the institution for the deaf and dumb and for the blind, was stricken out.
On motion by Mr. Anderson, section 133 (Superintendent shall visit each county once a year) was also stricken out.
Mr. GROVER now moved that the committee rise, and asked to be discharged from the further consideration of the bill.
Mr. FISHER. The amendments have killed it.
Mr. FRASIER proposed to amend the motion to rise, by adding: "and report that, in the opinion of the Committee of the Whole, common schools are a useless and expensive institution, and we recommend the passage of an act to abolish the same," &c.; which was ruled out of order.
The committee then rose, and the Chairman reported the bill back, and asked and obtained discharge from its further consideration.
Mr. CAMERON moved that the bill be referred again to the Committee on Education.
Mr. GROVER. That committee need not report again on this bill.
The SPEAKER (Mr. Hefferen in the chair). The bill is in the same situation it was before it went to the Committee of the Whole-the amendments not having been reported to the House.
Mr. PROSSER moved to refer the bill to a Select Committee of Five. He was in favor of a practical revision of the common school system.
Mr. WOODHULL. That was a very convenient way for gentlemen to avoid placing themselves upon the record. Our system was not effective. It was disgeaceful as compared with that of Michigan. He wanted the people to know who were friends and who were enemies of common school education.
Mr. PACKARD was in favor of the main provisions of the bill, for example, those empowering townships to raise school money. What had stirred up gentlemen, but the striking out the sections creating officers? He also wanted gentlemen to go upon the record on this question.
Mr. FISHER. The law already allows a clerk to the Superintendent.
Mr. PACKARD hoped still that it would not be thrown aside.
Mr. VEATCH. If there were any mode by which gentlemen could be brought to vote for it, he was willing to go to work again. He thought the difficulty was about these examiners. It should go again to the Committee on Education.
Mr. PROSSER was not particular about the committee. He wished by all means to avoid any attempt to plunder the school fund. He withdrew his motion.
Mr. Cameron's motion was then agreed to, and the bill was referred again to the Committee on Education.
The House then adjourned.
