AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m.
FEES OF COUNTY OFFICERS.
The House resumed the consideration of Mr. Stephenson's bill, [H. R. 78] to regulate the fees of county officers--Clerks, Treasurers, Auditors and Sheriffs; and Mr. Coffroth's amendment thereto.
Mr. STEPHENSON resumed the floor. Mr. President: Our county officers get too much money. Their emoluments range from one thousand two hundred dollars to twenty-five thousand dollars per annum. And what is the tendency of this? Manifestly it induces corruption in procuring the office. If the office is worth ten thousand dollars per annum, they can afford to expend one half of it in manipulating your conventions and debauching your ballot boxes. And mark you this proposition, gentlemen Representatives, nine-tenths, of the political corruptions at elections come from our local aspirants for office. A Governor cannot corrupt a State, a Congressman his whole district. The territory is too large. But our "ambitious county officer can manipulate the political affairs of his county with his present high salary. This is a proposition that every one must admit, and the facts bear me out.
But draw a comparison of salaries. The Sheriff of Marion county gets as much money as the President of the United States, and five-sixths of the counties in your State pay their county officers more than the State pays her Governor! You take a man with the major part of his life spent in preparation, and put him on the bench at a salary of one thousand five hundred dollars and set a little political trickster at his feet who has consumed the preceeding fall in "electioneering" (to use a mild term) for his clerkship, and give him from five to fifteen thousand dollars per year. This stifles me with disgust. I will not pursue it further. Public men of Indiana, the lesson this teaches is written on the wall of futurity, and if you wish to read it strike this noisome system to death, and the people will carry you up to it. I have particularly noticed the Clerk in this argument, but I take him as an example, not as an exception. They all work under the same system and are inspired by the same impulses.
Now what are the merits of the bill before us? It abolishes the present system of collecting fees, and gives every officer a specific salary, to be paid out of the Treasury of the county. In courts it taxes litigants a docket fee of eight dollars, and five dollars a day in trying the same, and if they have a jury they pay for it, and pay their witnesses as now provided by law. These are the only items charged. They are simple and explicit, and cannot be abused. If the clerk neglects to collect and pay them into the treasury, he is subject to a fine and removal from office. This money, gentlemen, will pay the expenses of Sheriffs Clerks, and the community will be at no expense. But suppose it was, have we not shown that it is right that it should bear a portion of the burden? The Auditor and Treasurer are now paid out of the people's money, and to give them a salary would only reduce the burden of taxation, which, i some medium counties of this State, would reach eight or ten thousand dollars per annum.
Let figures speak:
| Per annum | |
| The Auditor of Hamilton county (a medium county) gets............ | $10,000 00 |
| The Treasurer.................................................... | 7,000 00 |
| The Clerk........................................................ | 7,000 00 |
| The Sheriff...................................................... | 5,000 00 |
| Total............................................................ | $29,000 00 |
| This bill gives the Auditor of the same county .................. | $1,500 00 |
| Treasurer........................................................ | 1,500 00 |
| Clerk and Sheriff, $1,500 each................................... | 3,000 00 |
| Total............................................................ | $6,000 00 |
| Deputy hire...................................................... | 4,000 00 |
| Making........................................................... | $10,000 00 |
| A saving to said county per annum of............................. | $19,000 00 |
This bill taxes a docket fee of eight dollars for every case, and five dollars per day. If a consumes over one day in trying it, five dollars per day.
| Suppose there are five terms of Court in each county per year and 200 cases each term, the docket fees would be................................ | $8,000 00 |
| Two hundred out of the eight would average one day each in trying the same at five dollars pee day............................................... | 1,000 00 |
| Total............................................................ | $9,000 00 |
| Expenses of Clerk, Sheriff and deputy hire as per above.......... | 5,000 00 |
| $4,000 00 |
| Hamilton county pays her Autitor and Treasurer as per above table per annum | $17,000 00 |
| Under this bill they and Deputies would receive ................. | 5,000 00 |
| A saving of...................................................... | $11,000 00 |
And all this money, Gentlemen, in either case, is paid directly out of the county treasury. Suppose the Clerk did not collect all the fees taxed; yet if he only collected one third of them, that would be sufficient to pay him and the Sheriff, and Hamilton county would realize a net gain of over eleven thousand dollars per annum.
These, gentlemen, are the pecuniary aud economical aspects of this issue we are contending for. Its justice you are compelled to admit. Then why hesitate in this matter?
The three systems of compensating officers are before you gentlemen. The two that come in here as substitutes for the original bill, continue the present odious system that I have tried to expose. The proposed bill divides the burden equally between litigant and community--strikes down the present high rate of paying officers, and takes from them the incentive to use corrupt and improper means to procure their election to office. It strikes at the root of the corrupting influences that are decaying the foundations of our institutions, and rendering the dome of American freedom, that has shown so brightly to the benighted, unsafe.
Down with corruption! must be the watchword of this people, or down with the people will be the cry of the corruptionists.
Through you, gentlemen, to the people of my noble State, I send this, my protest against the present system, and this, my appeal for help.
I thank you, Mr. Speaker, for this indulgence.
Mr. COFFROTH, to give time to mature the judgment of the House, moved that the bill and amendments be referred to the Committee of the Whole, and made the special order for Tuesday at two o'clock.
The motion was agreed to.
A CORRUPT PROPOSITION.
Mr. ZOLLARS asked for the reeding of a confidencial circular letter which he sent to the clerk's desk.
It was read as follows:
INDIANAPOLIS, IND., Feb. 6, 1869.
DEAR SIR--A bill has been introduced in the House of Representatives, which has been reported back, the entire committee favoring its passage. The bill largely cuts down the fees of all county officers.
Mr. Buskirk, a member from Monroe county, is preparing a bill much more sweeping in its provisions, and will probably be submitted for action on Monday or Tuesday next, which will, in all probability, be substituted for the first bill introduced, unless immediate action is taken to prevent it.
The first bill reduces the fees so as to render them almost worthless. Mr. Buskirk's will make them entirely so. We are here to do what we can to defeat these bills, and, if we receive proper aid from other county officers, think we can accomplish our object. If the county officers will submit to an assessment to accomplish this object, we will remain here; otherwise we will return home, as we are unable to fight the battle single-handed and alone. One or the other of these bills may become the law of the State but we have assurance that both may be defeated, if a sufficient fund can be raised to organize at once an effective opposition.
Will your county officers respond to a liberal assessment made by us? The funds so received will be placed in bank, and returned unless the bill is defeated.
Please consider this as confidential. Confer with your county officers, including those recently elected, and respond at once, as but litlle time remains for work.
Address us here, lock 134, or call at our rooms, No. 4 up stairs, over the Bee Hive store.
J. M. DICKSON, Auditor of Madison County. GILBERT TRUSLER, Clerk of Fayette county
And thereupon--
Mr. ZOLLARS submitted the following preamble and resolutions:
WHEREAS, There are letters which have come in to the possession of members of this House, and which purport to have been written by one James M. Dickson, Auditor of Madison county, Indiana, and one Gilbert Trusler, Clerk of the court of Fayette county, of the same State, and which letters were written and sent to the various county officers of Indiana, and contain among other things, that certain bills are pending be the House of Representatives which will, if passed, very much reduce the salaries of county officers, and stating that they, said Dickson and Trusler, have assurance that, if a sufficient fund can be raised, said bills can be defeated; and,
WHEREAS, If any assurances have been given, they must have been given by members of this House; and,
WHEREAS, Any such assurances, given by any member of this House, would be in violation of his oath and a corrupt and indecent proposition to betry his high and sacred trust as a member and Representative of the people; and,
WHEREAS, If no such assurances have been given by members of this House, it is due to us, and the State whose Representatives we are, that said corrupt insinuations be refuted; therefore,
RESOLVED, That a committee of five be appointed whose duty it shall be to fully investigate the whole subject, and report the result of their investigations to this House, and in order that they make their investigations effectually, they shall have power to send for persons and papers as may seem best to them.
AND WHEREAS, Said letters contain, among other things, proposals by said James M. Dickson, Auditor of Madison county, and Gilbert Trusler, Clerk of Fayette county, to the various county officers of this State that if each of them will submit to an assessment, in order to raise a fund, that they, Dickson and Trusler, will take said fund and with it defeat said salary bills; and,
WHEREAS, Said proposals contain within themselves propositions tending to corrupt the county officers of the State, and looking to the corruption of the members of this General Assembly, which propositions are corrupt in themselves, indecent, and of a high criminal character, and merit the condemnation of all good men and the penalties of the law; therefore,
RESOLVED, That the above named committee have full power to fully investigate this branch of the matter, and report to this House, and pursue such a course as they may deem it expedient tor the House to take in the premises.
page: 451[View Page 451]Mr. ZOLLARS alleged the genuine authorship of the circular letter, and moved that the resolution be adopted.
Mr. BUSKIRK made such personal explanations as he supposed might be expected from him, seeing that his name is mentioned in the circular.
The resolution was adopted.
Mr. ZOLLARS then proposed the Special Committee under the resolution, viz: Messrs. Stephenson, Wildman, Gordon, Osborn and Pierce of Porter.
On motion of Mr. OSBORN, Messrs. Zollars and Coffroth were added; and so the committee was constituted.
THE CALENDAR.
The bill [S. 133] amendatory of the act touching the removal and relocation of county seats; was read the first time.
On motion of Mr. OSBORN, the constitutional restriction was suspended, and the bills, S. 133, 256, 178, 268 and 222, were taken up for consideration on their several readings.
The bill [S. 133] was then read the second time by title.
Mr. SHOAFF moved, ineffectually, to refer it to the committee on County and Township Business.
The bill was then read the third time.
Mr. PIERCE of Porter, suggested an objection. The bill requiring fifty-five per cent. of the voters to the petition for the removal of the county sear (the existing law requiring two thirds) he would prefer the majority of householders.
The bill was finally passed the Houseyeas 63, nays 15.
The bill [S. 256] to fix the terms of Common pleas in the Eleventh District, and repealing all other laws on the same subject, was taken up under the present order, and passed the several stages and the final reading in the House of Representatives--yeas 75, nays 0.
Mr. COFFROTH moved the reconsideration of the vote of Tuesday whereby the House refused to order the engrossment of the Normal School appropriation bill, [H. R. 130] and that the motion be made the special order for Wednesday at two o'clock.
Mr. OSBORN moved to lay the matter on the table.
Mr. LAMBORN demanded the yeas and nays.
Mr. PIERCE of Vigo, and Mr. WILDMAN, (by consent) gave considerations why the motion to reconsider should not be laid on the table.
The vote stood yeas 24, nays 51. So the motion was not laid on the table.
The motion to reconsider was then passed over.
Mr. NEFF moved to reconsider the vote by which the county seats bill, [S. 133] was passed, and--
On the motion of Mr. JOHNSON of Parke, the motion was laid on the table.
The bill [S. 178] to regulate the terms of the Circuits in the first Judicial Circuit (the same that was recalled from the Governor for correction) was next taken up under the pending suspension of the constitutional restriction, passed through the several stages and the final reading in the House of Representatives--yeas 68, nays 0.
The bill [S. 259] to authorize the Governor to issue a patent to Samuel Cooper for certain Michigan road lands in St. Joseph County, was passed the several stages and third reading--yeas 69, nays 0.
The bill [S. 268] to amend section one of the act fixing the terms of the Common Pleas Court in the Fifth District, was also taken up and passed the several stages--yeas 70, nays 0.
The bill [S. 222] to legalize certain municipal assessments for taxation for the year 1868, was taken up and read under the suspension of the constitutional restriction.
Mr. SLEETH and Mr. BARRITT explained the propriety and necessity of the bill.
It finally passed by yeas 70, nays 0.
The legalization bill [S. 81] was passed the second reading.
The Senate United States District Court resolution [S. 9] coming up--
On motion of Mr. JOHNSON of Marshall, it was laid on the table.
The Senate joint resolution, [S. 10] for instructions against the legalization of coin contracts, etc., coming up on the final reading,was passed the House--yeas 60, nays 7.
The bill [S. 231] to amend section two of the act to provide a State debt sinking fund, making the Governor a member of the Board, etc., was taken up in order and passed the second reading.
The bill [S. 119] fixing the terms of Common Pleas in the fourth District, was taken up in order on the third reading, and finally passed the House--yeas 68, nays 0.
The bill [S. 56] to amend sections one hundred and thirty-three and one hundred and thirty-four of the decedent's estate settlement act, was taken up in order, and pass the final reading in the House of Representatives--yeas 65, nays 2.
The bill [S. 67] to amend section five of the Township Business act--to make the term of Township Trustees two years was read the third time.
The bill, [S. 27] authorizing the Bristol Hy- page: 452[View Page 452] draulic Company to construct a bridge across the St. Joseph river at or near the town of Bristol, in Elkhart county, was read the third time.
Mr. DAVIS said no objection could be raised to the bill except the old declaration that the St. Joseph river is a navigable stream. It was notorious that that river has ceased to be used for the purposes of navigation.
The bill was finally passed the House of Representative--yeas 67, nays 0.
On motion of Mr. STEW ART of Rush, Mr. Millegan's gravel road bill, [H. R. 52] was taken up and made the special order for next Wednesday at three o'clock p. m.
On he motion of Mr. FURNAS, Mr. Welborn was added to the committee to investigate Dr. Owen's cabinet, with reference to a proposition to purchase it for the State.
The bill [138] to amend the second section of the act to amend the fourteenth and eighteenth sections of the act fixing the terms of the Court of Common Pleas in the several counties of this State, etc., was taken up in order, on the third reading, and finally passed the House of Representatives--yeas 69, nays 0.
On motion of Mr. PIERCE of Vigo, Mr. Williams' of Union, General Elections bill, [H. R. 23] was taken up and made the special order for Tuesday, at eleven o'clock, a.m.
A question being raised that there is no quorum voting--
Mr. COFFROTH moved that the House do now adjourn.
Mr. UNDERWOOD proposed to make the adjournment till Monday two o'clock.
Mr. COFFROTH made the point that a motion to adjourn is not amendable.
The SPEAKER (Mr. Buskirk in the Chair) sustained the point of order.
Mr. STEWART of Rush, said the motion to adjourn to a day certainly has preference.
The SPEAKER But it is a proposition to amend.
Mr. KERCHEVAL proposed to quote from Wilson's Digest.
Mr. COFFROTH contended that the House having a few days since agreed to trade off the stock of Wilson's Digest on hand for two additional copies of the Volksblatt any gentleman having use for such Digest should, in courtesy to the House, use the Volksblatt instead, and tendered the gentleman a copy.
Mr. KERCHEVAL said that he presumed, as the gentleman from Huntington had introduced the bill to introduce German into the public schools he might get along very well with the Volksblatt, but he, the Speaker, could not, he would therefore continue to use the Digest.
The SPEAKER was about to put Mr. Coffroth's motion to adjourn, when--
Mr. UNDERWOOD took an appeal from the Chair's decision, that a motion to adjourn to a stated time does not take precedence of a motion to adjourn.
The SPEAKER didn't seem to justify the ruling at all, but wanted the House adjourned, as it was getting very late, and there was at any rate no quorum present.
Some member here moved to lay the appeal on the table.
Another member demanded the yeas and nays.
Mr. SABIN made the point of order that there is no quorum to appeal to.
Mr. Coffroth's motion to adjourn was rejected.
Mr. UNDERWOOD then moved that the House do now adjourn till Monday, two o'clock.
Mr. WILE said he desired to offer a resolution before the House shall adjourn, and he asked and obtained unanimous consent that it be read for information. He then submitted and the clerk began to read the following:
WHEREAS, The 22d day of February is the anniversary of the birth day of George Washington, the father of our country, and,
WHEREAS. The memory of the loved, honored, and respected defender of liberty and right, should forever be kept sacred; therefore be it
RESOLVED, That when this House adjourns its labors for this week, it do adjourn until Tuesday next at nine and a half o'clock a. m.
Objection being made--
The SPEAKEK said objection being made, the resolution could not be received pending a motion to adjourn.
And then--
The House adjourned, till Monday two o'clock p. m.
