THE BREVIER LEGISLATIVE REPORT.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
TUESDAY, March 2, 1869.The House met at nine o'clock a. m., pursuant to adjournment.
On motion of Mr. RATLIFF, the reading of the journal of yesterday was dispensed with.
On motion of Mr. PIERCE of Porter, the House proceeded to the consideration of bills of the House on the third reading.
Mr. RATLIFF, by consent, submitted resolution, which was adopted, confirming the appointment of the stationery clerk for the State Librarian.
Mr. RATLIFF, by consent, submitted a resolution, which was adopted, authorizing the Committee on Ways and Means to examine and report on the claims of Samuel Beatty for one hundred and eleven dollars, seventy-five cents, expenses incurred by him in the Beatty-Peelle contest.
TOWNSHIP TRUSTEES.
The committee's election bill,]H. R. 178] to so amend the fifth section of the township trustees' election act, as to make it correspond with the enrolled act, of the present session for biennial elections, was taken up, read the third time and finally passed the House--yeas 60, nays 15.
UNION SOLDIERS AND SAILORS.
Mr. Gordon's joint resolution [H. R. 7] for Congressional instructions for granting land warrants to soldiers of the Union army, was read the third time.
On motion of Mr. UNDERWOOD, (by unanimous consent) the resolution was amended so as to include sailors, and then the joint resolution was considered as engrossed, and finally passed the House, yeas 83, nays 07 with an amendment of title embracing "sailors."
STATE GEOLOGIST.
Mr. Beeler's geological survey bill, [H. R. 165] to provide for a geological survey, and to combine the office of Geologist with the State Board of Agriculture--the Geologist to report to the State Board of Agriculture--was taken up and read the third time. It makes an appriation of five thousand dollars.
Mr. FURNAS, (by unanimous consent) submitted an amendment, which was adopted; the Geologist to hold "two years," and "no further expenses shall be incurred for carrying out the provisions of this act."
Mr. WILLIAMS of Knox, and Mr. NEFF considered that possibly five thousand dollars would not be sufficient to cover all the printing for the Geologist.
Mr. FURNAS then withdrew the latter portion of the amendment, and then the bill was considered as engrossed, and finally passed the House--yeas 68, nays 20.
JUSTICES' JURISDICTION.
Mr. Bowen's bill, [H. R. 100] to amend the tenth section of the Justices act of June 9, 1852, was taken up. It increases the jurisdiction to three hundred dollars in trials, and to five hundred dollars where judgment is confessed.
The bill was finally passed the House of Representatives--yeas 58, nays 30.
CONSTABLES.
The Election Committee's bill [H. R. 179] to repeal and amend section one of the Constables act of May 27, 1852, was taken up. It changes the time of Constables' election to October--one for each Justice--to serve two years.
page: 576[View Page 576]Mr. OSBORN (by consent) proposed to amend so as to provide that supervisors of highways be appointed annually by the township Trustees.
Objection being made by Mr. PIERCE of Vigo, Mr. MILES and others, the amendment could not be entertained.
The bill was finally passed the House--yeas 69, nays 17.
PETITIONS ETC.
Messrs. McFadin, Williams of Knox, and Coffroth, now obtained leave to present petitions, which were referred without reading.
SCHOOL TRUSTEES IN CITIES.
Mr. Kercheval's bill [H. R. 114] to amend the fifth section of the common school law the city school trustees to be elected by the Counsel, so that their respective terms shall expire in successive years--and so that they shall be elected by the incoming Council at their first meeting, was taken up.
Mr. UNDERWOOD proposed to amend so that the school trustees' terms shall expire the first day of July, which was adopted by unanimous consent.
Mr. WELBORN moved to recommit the bill, with instructions to amend so that the trustees shall be elected by the outgoing city council at their last meeting.
After debate thereon by Messrs. Welborn, Johnson of Parke, and Pierce of Vigo, for the amendment, and Messrs. Vater, Stewart of Ohio, and others against it--
Mr. Welborn's motion was rejected, and then the bill being considered as engrossed, was finally passed the House of Representatiaes--yeas 52, nays 38.
NORMAL SCHOOL FUND.
Mr. Miles' bill, [H. R. 93] to amend section fifteen of the act of December 20, 1865, to create a Normal School, was taken up. It takes the appropriation of five thousand dollars semi-annually for the Normal School fund out of the State Treasury, instead of the Common School fund.
Mr. COFFROTH said this creation of a new charge on the State Treasury was precisely what has been and is still feared by those who oppose the Normal School, and now he advised against the passage of the bill, as a friend of the Normal School. To take this ten thousand dollars a year from the Common Schools would only shorten their term for a single day in the year, which would be well afforded for the advantage expected and assured in the better qualifications of Common School teachers.
Mr. MILES defended the bill.
The bill was defeated in the House on the final reading--yeas 31, nays 50.
AURORA AND LAUGHERY TURNPIKE CO.
Mr. Tebbs' bill [H. R. 42] to amend the twenty-first section of the charter of the Aurora and Laughery Turnpike Company, approved February 15, 1848, was taken up and read a third time.
Mr. TEBBS said it was to change and make reasonable the rates of toll--desired by the neighborhood.
The bill was finally passed the House by yeas 70, nays 1.
OFFICERS SALARIES.
Mr. WILLIAMS of Knox, (by consent) from the special committee, reported a substitute for the salary bill, which went to the files without reading.
JUSTICES' DOCKET INVESTIGATION.
Mr. Cox's bill [H. R. 146] requiring Township Trustees to examine the dockets of Justices of the Peace as to their delinquincies in paying over fines, etc,, to the proper officers, was taken up, read the third time, and finally passed the House--yeas 82, nays 1.
CARE OF IDIOTS.
Mr. Palmer's bill [H. R. 147] to provide for the care of certain idiots, was taken up and read the third time. It was finally passed the House--yeas 71, nays 8.
PHEASANTS AND QUAILS.
Mr. Fuller's bill [H. R. 82] to amend section two of the game law of March 11, 1867, (so that quails and pheasants may be taken without penalty between the first day of October and the first day of February, at any other time the penalty remaining two dollars) was taken us and read the third time and finally failed in the House--yeas 39, nays 38, for want of a constitutional majority.
VOID CONTRACTS BILL.
Mr. Osborn's bill [H. R. 103] declaring certain contracts (by note) to pay attorneys' collection fees void, was taken up, and read the third time.
Mr. ZOLLERS opposed the bill from the consideration that people generally were able to make their contracts safe enough without legislative intervention.
Mr. CUNNINGHAM supported the bill, from the consideration that the creditors on such notes, are the larger class, etc.
Mr. WELBORN demanded the previous question, and under the pressure thereof the bill was finally passed the House--yeas 58, nays 35--as follows:
YEAS--Messrs. Addison, Barnet, Barritt, Bates, Beatty, Beeler, Bobo, Bowen, Britton, Carnahan, Cave, Coffroth, Cox, Cunningham, Davidson, Davis, Field of Lagrange, Fuller, Gilham, Green, Hall, Hutchings, Hutson, Hyatt, Johnson of Montgom
page: 577[View Page 577]ery, Jump, Kercheval, Lawler, Lamborn, Logan, Long, Mason, McBride, McDonald, McFadin, McGregor, Millekan, Miller, Miles, Neff, Osborn, Pierce of Porter, Ratliff, Sabin, Shoaff, Skidmore, Sleeth, Stephenson, Stewart of Rush, Taber, Tebbs, Underwood, Vardeman, Wile, Wildman, Williams of Hamilton, Williams of Knox, and Williams of Union,--58.
NAYS--Messrs. Baker, Breckinridge, Buskirk, Calvert, Chapman, Cory, Dittemore, Dunn, Fairchild, Field of Lake, Furnas, Gordon, Higbee, Higgins, Johnson of Parke, Johnson of Marshall, Miner, Mitchell, Mock, Monroe, Montgomery, Odell, Palmer, Pierce of Vigo, Ruddell, Shoemaker, Stewart of Ohio, Sunman, Vater, Welborn, Williams of St. Joseph, Wilson, Zenor, Zollars and Mr. Speaker--35.
THE REGISTRY LAW REPEAL.
The Election Committee's bill, [H. R. 140] repealing certain sections of the registry law of March 11, 1867, was taken up and read the third time.
Mr. RATLIFF demanded the previous question against the remonstrance of Mr. Coffroth, Mr. Pierce and others, but--
The House refused to second the demand.
Mr. PIERCE of Porter, stated his objections to the bill, because it proposes to number the ballot so that the voter may be known; and he warmly remonstrated against the haste with which the bill has been carried through its various stages. When the bill was under consideration before he introduced an amendment to the effect that no member of the board, or clerk, should sit at an election until he had taken an oath not to reveal how any Elector had voted. That was voted down, not because it was wrong, but because the House refused to hear the matter discussed. He regarded a law requiring, as this law requires, the numbering of every man's ticket, a disgrace to the State. For it is well known to all, that there are all over the State men of wealth, whose partizan prejudices are so overpowering during a political contest, that they will go so far in their effort to control votes in aid of their party, as to dismiss from their employ those who dare to cast their votes in favor of the opposite party. Such things occur in almost every county of the State, wherever an election is held.
What he desired was, to give the poor man such protection as would enable him to express his choice at the ballot box without fear or favor from any man. Such was the right with which it was intended to clothe him, too, when the ballot was accorded, and he was unwilling to strip that right of all its worth, by providing by law for the marking of his ballot, that his employer might hold the rod suspended over him, in the shape of a threat to discharge him from employment, in case he should vote contrary to his wishes.
He became a member of the Republican party, because he saw in it not a disposition to keep the poor in ignorance that they might be used to retain power in the hands of party organization, but because it proposed to lift the poor man up from the mire, accord to him the advantages of education, and exault him to that position of intelligence and independence which it is the true object of our institutions to secure. The provision to which he objected was in violation of that constitutional provision requiring that elections shall be by ballot.--This provision was doing more than making elections viva voce; it it was putting the vote to record. He did not want to go back to the effete notions of the State of Kentucky--the paradise of the Nasby's and the Democratic party. He gave way for a motion to adjourn.
And then--
The House took a recess till two o'clock p.m.
AFTEENOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m.
Mr. PIERCE of Porter being entitled to the floor, pursued his objections to the bill. The bill does not prevent inspection of the poll books. The registry law of Illinois, which, it is alleged is similar to this, was not satisfactory--though it had the provision which he had desired to attach to this. He commended the provision in the existing registry law which permits every man to come to the polls and vote, under no restraint but his conscience. This bill would effectually strike down that right, and make many voters the mere tools and automatons of the wealthier classes. There was not a single county in the State where the oppressiveness of this feature could not be felt. He gave instances and examples known to him, where employers have failed to constrain the votes of their employes, and showed how the provisions of this bill gave more power into the hands of such, to trample upon the right of the poorer classes; and for the reasons submitted, he protested against the passage of this bill in the name of his constituents, and of all the poorer classes of citizens of the State of Indiana. He moved to recommit the bill, with instructions to amend so as to require the members of the election boards to take an oath not to reveal any ballot, or how any elector voted.
Mr. BUSKIRK expressed his astonishment to the opposition of the gentleman from Porter, and replied to his particular objection, throwing back upon him the implication that because a man is poor, he is dishonest, and unwilling to go sternly to the polls and vote his sentiments freely. He repelled not what the gentleman said, but what is implied in his arguments. He regarded this bill as one of the most important of the session, as demanded by the people of the Republican party, and as supported by every Republican here, except page: 578[View Page 578] the gentleman from Porter. The people demand the repeal of the registry law, which has wrought a great deal of evil, and no good, and which has cost the State one hundred and seventy thousand dollars. It had sent D. W. Voorhees to Congress by one hundred and twenty-eight majority, in the sixth District, which had since given a Republican majority of about six hundred votes. Judge Hughes, who fought that registry law here from first to last prophesied the very evil which it has worked against the Republican party.
Mr. COFFROTH did not of course, enter the list as champion of
the gentleman from Porter, but the gentleman from Monroe
did not answer the very fair argument against the bill by
the gentleman from Porter. Was the registry law indeed the
cause of the return of D. W. Voorhees to Congress? It was
certainly what he regarded a Republican measure of the
last session. It had proven like the recoiling piece,
which, "When aimed at duck or plover
Did but kick the owner over." He then
reasserted the position of Mr. Pierce of Porter, that laws
are made not for the protection of the strong, but the
weak, and came to the argument that no such bill as this,
and no such act as the registry law, was ever contemplated
by those who have laid the foundations of the
jurisprudence of the State of Indiana. He objected
especially to the second section of the bill as radically
wrong, and indulged the prophetic utterance that if this
section become now a law, Republicans will come here in
two years' time, acknowledging the error just as meekly as
the gentleman from Monroe now does the error of the
registry law, and seeking by swift bill its instant
repeal. This bill proposed to return to the old viva voce system of voting; and he
read the constitutional point against it. The words "by
ballot," meant the secret ballot, as clearly as language
could be made to express that meaning; and it was opposed
to the open vote, the viva voce system.
The first Legislature after the adoption of the
Constitution affixed a penalty against any marking of the
ballot by which it could be afterwards known whose vote it
was. Why now should this party go back to that system of
voting which is being repudiated by the friends of free
government the world over? It was a system that favored
bribery. England was now convulsed by the opposition to
this system. The system tended so to bribery that acts of
parliament could not prevent it; and so election
briberies, become the crying sin of the age--especially in
the old world. Corrupt as our elections were, the
elections of England were a thousand fold more so. In the
Republic of Venice, and in the Republic of Rome, they had
the secret ballot once, and just as the secret ballot
system declined the republic declined, the open ballot
system was a thing that had been tried and found to lead
invariably to the destruction of constitutional liberty.
This bill was a contradiction in itself; the ballots are
to be printed on white paper; but, forsooth, they must
write upon the paper, that it may be known precisely how
the elector voted--one by one the bulwarks of civil
liberty are being stricken down in this country and even
this measure may be the fatal turning point in our
density.
Mr. WILSON had made some observations of the workings of an election law such as this bill proposes, and they were wise and satisfactory. The people of his region demanded this bill for their protection against imported votes from Kentucky and Cincinnati. He especially desired to retain the second section--for marking the ballot.
Mr. PIERCE of Vigo, said this was a very simple proposition. What was it? The election laws want mending and the Election Committee had thought proper to make the election biennial. That bill has been passed. Now we find on the statute book a registry law, which we all agree works no good, and the just object is to repeal it. That is proposed in this bill, except the residence of twenty days, the white paper ballot provision, etc. Then we add the provision to number the ballot with the voter. Gentlemen of the opposition look only at this negatively. They point out its supposed evil workings, without considering its paramount benefits. This marketing of the ballot was not determining beforehand for whom the elector votes; neither does it repeal or in any way affect the statute which makes it a misdemeanor to mark a ballot. The bill proposed to destroy the secrecy of the ballot only so far as that secrecy may subserve the purposes of fraud at the ballot-box. He did not specially object to Mr. Pierce of Porter's amendment, but it might embarrass the progress of the bill, and it was unnecessary; but if necessary, it might be applied in the Senate. He spoke particularly to enforce the advantages which the bill gives for the discovery of every fraudulent vote, and so it would become a barrier against all briberies and corruptions at the polls. So he showed how the benefits of this bill will far override its defects. Men of Illinois tell him that no consideration could induce them to give up this provision in their election law.
Mr. WILDMAN considered also the importance of the measure, and believing that it has been fully discussed, he moved to lay the amendment on the table.
The yeas and nays thereon resulted--yeas 50, nays 44.
Mr. McFADIN explaining declared himself is favor of the amendment, and for the repeal of the registry law, of which he declared page: 579[View Page 579] that, but for its preventing legal votes in the cities, Indiana would to-day have a Democratic Governor, etc.
So the amendment was laid on the table.
Mr. BUSKlRK, now demanded the previous question, and under its pressure the bill was finally passed the House--yeas 53, nay 42--as follows:
YEAS--Messrs. Baker, Barnette, Beatty, Beeler, Bowen, Breckinridge, Buskirk, Chapman, Chittenden, Davidson, Davis, Dunn, Fairchild, Field of Lake, Field of Lagrange, Furnas, Gilham, Gordon, Green, Hall, Hamilton, Higbee, Higgins, Hutson, Johnon of Parke, Johnson of St. Joseph, Jump, Kercheval, Lamborn, Mason, Millekan, Miller, Mitchell, Monroe, Osborn, Pierce of Vigo, Ratliff, Ruddell, Sabin, Skidmore, Stephenson, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union, Wilson and Mr. Speaker--53.
NAYS--Messrs. Addison, Admire, Barritt, Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory, Cox, Cunningham, Dittemore, Fuller, Hutchings, Hyatt, Johnson of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Miner, Mock, Montgomery, Neff, Odell, Pierce of Porter, Shoaff, Shoemaker, Sleeth, Sunman, Welborn, Wile, Williams of Knox, Zenor and Zollars--42.
So the bill passed.
THE GENERAL APPROPRIATION BILL.
Mr. BUSKIRK now called up the general appropriation bill [H. R. 309.]
On motion of Mr. CORY, the vote of yesterday, striking out the item ten thousand dollars for the heating apparatus for the Blind Asylum, was reconsidered, and then he obtained leave to withdraw the motion to strike out.
Mr. WILLIAMS of Knox, moved to strike out the item appropriating one thousand dollars for incidentals for the Adjutant General's office, which was agreed to.
Mr. RUDDELL proposed to add to the twenty-eighth section these words: "That, for the liquidation of the indebtedness of the State Prison South, the sum of five thousand dollars is hereby appropriated," and he gave a statement of figures, showing the necessity for this item. The appropriation asked for was to pay an outstanding indebtedness incurred in the building of blacksmith shops and other buildings, and that the creditors should be paid, however improper may have been the order for the construction of the buildings.
Mr. COFFROTH opposed both the original sections and the amendment. The words "or otherwise," in the section, would absorb the ten thousand dollars, whether there be any "fire," or any "failure of contractors," or not. He would not anticipate and provide for such future contingencies. It would be borrowing trouble.
Mr. BUSKIRK stated the prudence of providing for contingencies, and the section was guarded with great care, so that the approprition could not be touched for any purpose but these unforseen contingencies, and it cannot be drawn but upon the order of the Governor.
Mr. Speaker STANTON (Mr. Osborn in the chair) said, as between the claim of the original section and the amendment, he would sooner vote for the latter than the former; he would pay an existing indebtedness before he would make an appropriation to pay expenses not yet transpired.
Mr. COFFROTH moved to lay the original section and amendment on the table, but withheld it till--
After further debate by Mr. Welborn, Mr. Monroe, Mr. Cory, Mr. Ratliff, Mr. Coffroth, and others--
Mr. BUSKIRK called for a division of the question--the first vote on the motion to table the original section twenty-eight--and he demanded the yeas and nays, which resulted, yeas 76, nays 10.
So the section twenty eight was laid on the table.
The question on laying Mr. Ruddell's amendment on the table was also decided in the affirmative--yeas 52, nays 32.
Mr. BUSKIRK explained that he voted to lay the amendment on the table inasmuch as the House had refused to vote an appropriation for the purpose made by the Committee of Ways and Means, acting under the report of the Trustees of the institution.
Mr. McBRIDE, explaining his vote, stated that he desired to act in all matters with at least seeming consistency, and could not vote to appropriate five thousand dollars to pay existing indebtedness of the Southern Prison, when on the 15th day of December, the Directors of said institution said to the Governor that it was in a prospering condition and that it had been self sustaining, and they wanted no appropriation. He voted no.
So sections twenty-eight and twenty-nine were stricken out.
Mr. CHITTENDEN proposed to amend by adding one thousand dollars each for monuments for the graves of ex-Governor Jennings, ex-Governor Willard, and General Hackelman which he withdrew, to offer in another place.
Mr. BUSKIRK proposed a substitute for the section for public printing, making it in the aggregate twenty-seven thousand dollars, for 1869 and 1870, an increase of two thousand dollars on the original amount in the bill.
It was adopted.
Mr. CUNNINGHAM moved to strike out the item of three thousand dollars for expenses of the State House, and insert one thousand dollars in lieu.
And then--
The House adjourned till nine o'clock a. m. to-morrow.
