THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 3, 1869.The House met at nine o'clock a. m.
Messrs. Coffroth, Cox and Osborn obtained leave of absence.
Mr. STEWART of Rush, submitted a resolution, which was adopted, requiring the Principal Clerk to file the papers and publish in the Journal a calendar of unfinished business of the House, convenient for reference in case of the call of an extra session.
Mr. VATER made an ineffectual motion for a night session.
GENERAL APPROPRIATION BILL.
The SPEAKER then announced the special order, viz: the consideration of the general appropriation bill, [H. R. 309.]
Mr. VATER moved ineffectually to strike out one thousand dollars for the State Auditor's office.
Mr. WILLIAMS of Knox, considered twenty thousand dollars very heavy for the current expenses of the House of Refuge. It was nearly two hundred dollars for each inmate. He had been informed that this was to maintain schools for the convicts under the Quaker system. He was unwilling to provide more, proportionately, for the education of convicts than we are able to pay for our children in the common schools.
Mr. DITTEMORE said he should protest against such an extravagance. He understood that there were children of not more than four years in that institution.
Mr. BUSKIRK and Mr. BRECKINRIDGE said the committee had cut down this appropriation to the lowest point.
Mr. WILLIAMS of Knox, proposed to strike out twenty thousand dollars and insert ten thousand dollars a year for 1869 and 1870.
Mr. JOHNSON of Marshall, moved to lay the amendment on the table.
Mr. DITTEMORE demanded the yeas and nays, and the vote resulted--yeas 49, nays 40.
So the amendment was laid on the table.
Mr. DITTEMORE moved to add to the Soldiers' Home item of twenty-five thousand dollars, the sum of fifteen thousand dollars for an additional building for orphans.
Mr. BUSKIRK regarded that institution as temporary in its character.
Mr. GREEN spoke in favor of the amendment. He said there were now one hundred and two orphans at the Home, rescued from the rags and sufferings of the county poor houses. He considered that there is no question of greater importance than the care of the orphans of the State, without regard to the fact whether they were orphaned by the war or not; and he referred to the example of other States in this matter.
Mr. STEWART of Rush, also made a plea for the orphans already there, and the large number that must yet come there, who were now quartered in old buildings very insufficient for their accommodation.
Mr. GORDON said he was informed that there was now sufficient room in the building for all requiring accommadation. If the number of orphans might increase, the number of the men might decrease.
Mr. VATER said it was unfit to mingle the children with the soldiers and seamen. He supported the amendment.
Mr. FURNAS demanded the previous question, and under its pressure the amendment by Mr. Dittemore was rejected--yeas 38, nays 45.
Mr. RATLIFF proposed to amend by substituting two sections, viz: First--For pay page: 586[View Page 586] for the Superintendent, Steward and Matron two thousand six hundred dollars for 1869, and the same amount for 1870. Secondly For increasing the appropriation for current expenses from one dollar and fifty cents to two dollars and a half per week for each inmate.
In support of his substitute he said: It is provided in section seven of the act establishing the Home, ''That no one shall be admitted who has the means of support, and who has not been disabled in such service, or at the time of such application is not disabled and necessitous; and provided further, that the widows and orphans of such persons from this State as have been in such service, and have not the means of livihood, shall be admitted."
Section eight provides the order in which applicants are to be admitted: First--Totally disabled soldiers, and so on according to their several necessities.
Section thirteen, in providing for the current expenses, provides that the Treasurer of State shall pay to the Steward, upon the order of the Superintendent, indorsed by the Governor, and a warrant signed by the Auditor, a sum not exceeding one dollar and fifty cents for each applicant per week.
Now, in the first place, no one is to be admitted unless he has not the means of support and be totally disabled.
These inmates are such as have lost their health or their limbs in the service of their country, and the widows and orphans, made such on account of such services, and we are allowing the pitiful sum of one dollars and a half per week for boarding, clothing, schooling and medical aid, a sum entirely inadequate for their proper subsistence. It will be seen by reference to the act establishing this institution, that these inmates are such as are disabled or have not the means of support, and two dollars and a half per week for boarding, clothing, medical aid and schooling, certainly is not an extravagant appropriation for these disabled wards of the State. The section as reported in the bill may be sufficient in case but few are there, but should the number increase, it will be insufficient.
This amendment or substitute, secures this amount in this contingency.
Mr. MONROE, trusting in the report of the Committee on Ways and Means, moved to lay the amendment on the table.
The motion was agreed to, yeas 51, nays 24.
Mr. PIERCE of Porter said the blank for the appropriation for 1871, for the Deaf and Dumb Asylum was omitted to be filled by the clerks; he moved to fill it with four thousand dollars for repairs, and twelve thousand five hundred dollars for furnishing.
The motion was adopted.
Mr. WILLIAMS of Knox, proposed to amend by striking out section seventeen, appropriating three thousand dollars for the years 1869 and 1870, for miscellaneous expenses. He said one thousand dollars for each of the State offices, and three thousand dollars for the State House would be sufficient. This is the section that was passed over informally yesterday.
Mr. OVERMYER moved to lay the amendment on the table, and the vote resulted--yeas 44, nays 39.
So the amendment was laid on the table.
Mr. BOBO proposed to amend by adding one thousand dollars each for mouments for Governors Jennings and Willard,and for General Hackleman, which he withdrew with the understanding that it should go into the specific bill.
Mr. JOHNSON of Parke, proposed to amend by adding a section appropriating eighty thousand dollars for the completion of the Normal School building.
Mr. PIERCE of Porter, said his views on this matter were known to the House. The Senate, with great unanimity, had made a provision of this sum, eighty thousand dollars for the Normal School building, in what is called their omnibus bill. The friends of the Normal School now desired the House to consider the question in this bill.
Mr. JOHNSON of Parke, said: Mr.Speaker: This is a question in which we are all interested as well as our constituents. I am now willing, and have always been willing to vote a appropriation, of about the amount asked for in this amendment, but in doing so I do not endorse the act of the Legislature establishing the Normal School. They and the Legislature of 1867, should have been more guarded in their legislation, but such is the fact. We have the building and the people's money invested in it. What shall we do, if we fail to complete it, or make this appropriation? Duty to ourselves and to the people demand that we complete the building that they may be able to reap the benefit of the investments already made. In voting for this proposition, I do not indorse the representations made by the friends of this measure two years ago. I think they were wrong; but they succeeded in their purpose, and we will have to fulfill the contract as made.
I do not wish to be understood by this vote as endorsing the action of the Board of Directors, nor the Board themselves. While I think a majority of the Board are honest and capable men, I can not, in justice, say so much for them all, and lest I should be misunderstood, I will say that I consider the selection of the local member of that Board, as he pleases to term himself, as a very unwise selection, both for the State and the city of Terre Haute, and I ask members on this floor not to judge all page: 587[View Page 587] her citizens by the sample here presented, for he has not the capacity to fill with honor the position he occupies; and I hope he will soon be removed to make way for some one that is worthy and qualified. He has wronged me by statements he knows to be false; but notwithstanding all this I am willing to vote for this amount, and hope every member on this floor will do the same, regardless of party or prejudice. By so doing, you will complete a building that will be an ornament to our State and a benefit to our people.
Mr. GREEN proposed to amend the amendment by making it thirty-five thousand dollars instead of eighty thousand dollars.
Mr. G. urged the propriety of his amendment, from the consideration that this was the amount of the present indebtedness of the trustees, and that the Normal School necessities of the State would require five schools and five buildings instead of one.
Mr. GORDON also supported the amendment at some length.
Mr. BUSKIRK demanded the previous question, and under the pressure, the vote on Mr. Green's amendment to the amendment was rejected--yeas 36, nays 53; and the question recurred on Mr. Johnson's amendment, the vote resulted, yeas 42, nays 47, as follows:
YEAS--Messrs. Baker, Barnett, Beeler. Bowen, Breckinridge, Buskirk, Calvert, Chittenden, Coffroth, Davis, Dittemore, Dunn, Fairchild, Field of Lagrange, Furnas, Hall, Hamilton, Higbee, Hutson, Johnson of Parke, Lamborn, Mason, Monroe, Neff, Overmyer, Palmer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Shoaff, Skidmore, Stephenson, Taber, Underwood, Vardeman, Vater, Welborn, Williams of Knox, Williams of St. Joseph, Wilson and Mr. Speaker--42.
NAYS--Messrs. Addison, Admire, Barritt, Bates, Bobo, Britton, Carnahan, Cave, Chapman, Cory, Davidson, Field of Lake, Fuller, Gordon, Green, Higgins, Hutchings, Hyatt, Johnston of Montgomery, Johnson of Marshall, Jump, Lawler, Logan, McBride, McDonald, McFadin, McGregor, Millekan, Miller, Miles, Mitchell, Montgomery, Odell, Osborn, Sabin, Shoemaker, Sleeth, Smith, Stewart of Ohio, Stewart of Rush, Wile, Wildman, Williams of Hamilton, Zenor and Zollars--47.
So the amendment was rejected.
Mr. WILDMAN now proposed fifty thousand dollars.
Mr. COFFROTH proposed to amend the amendment, by making it seventy-nine thousand dollars. He was unwilling to make any appropriation for the Normal School that will not be sufficient to complete the building. It was seen in the experiment of the erection of Prison, that it is best to make those building appropriations at once. Then should we vote anything? And if gentlemen agree with him that we should vote something, he submitted that we ought to vote enough. Liberality was not prodigality, as it is often the best economy. He referred to what the State had declared and done in this direction by solemn statute, and enforced the obligation incurred to carry it forward to completion, and he alleged that to withdraw now from that institution, would be an act of bad faith to the city of Terre Haute. He spoke at some length.
Mr. OSBORN proposed to amend further by inserting appropriately this: Provided that the money heretofore borrowed, and the money due to mechanics shall be first paid out of this appropriation.
Mr. COFFROTH accepted it as a modification of his proposition, and proceeded at length to submit additional considerations in support of the justice and propriety of his amendment--when he had concluded--
Mr. BUSKIRK demanded the previous question; and under its pressure, the vote was taken on Mr. Conroth's proposition resulting--yeas 46, nays 43--as follows:
YEAS--Messrs. Baker, Barnett, Beatty, Beeler, Bowen, Breckinridge, Buskirk, Calvert, Chittenden, Coffroth, Davis, Dittemore, Dunn, Fairchild, Field of Lagrange, Furnas, Hall, Hamilton, Higbee, Higgins, Hutson, Johnson of Parke, Lamborn, Long, Mason, Monroe, Neff, Osborn, Overmyer, Palmer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Shoaff, Skidmore, Stephenson, Tabor, Underwood, Vardeman, Vater, Welborn, Williams of Hamilton, Williams of Knox, Williams of St. Joseph, Wilson and Mr. Speaker--46.
NAYS--Messrs. Addison, Admire, Barritt, Bates, Bobo, Britton, Carnahan, Cave, Chapman, Cory, Davidson, Field of Lake, Fuller, Gordon, Green, Hutchings, Hyatt, Johnston of Montgomery, Johnson of Marshall, Lawler, McBride, McDonald, McFadin, McGregor, Millekan, Miller, Miles, Miner, Mitchell, Mock, Montgomery, Odell, Sabin, Shoemaker, Sleeth, Smith, Stewart of Rush, Sunman, Wile, Williams of Union, Zenor and Zollars--43.
So the amendment to the amendment was agreed to, and the question recurred on Mr. Wildman's amendment, as amended by Mr. Coffroth, the vote resulting--yeas 47, nays 39.
So the amendment as amended was adopted.
On motion of Mr. BUSKIRK, the bill was ordered to the engrossment, read the third time, and finally passed the House of Representatives--yeas 69, nays 12.
And then--
The House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m., and directed a roll call, which determined a quorum.
Mr. COFFROTH obtained leave to withdraw his application this morning for leave of absence for the balance of the session.
Mr. RUDDELL submitted a resolution, which was adopted, calling on the Senate for a copy of certain evidence taken before the Special Committee on Prisons.
THE CALENDAR.
On motion by Mr. OSBORN, the bill [S. 123] to amend the seventeenth section of the page: 588[View Page 588] act of 1852, providing for the organization of County Boards, etc., was taken up and read the third time. It provides for removing county seats, and for authorizing county loans, etc.--the bill having heretofore failed in the House for want of a constitutional majority.
It now finally passed the House yeas 51, nays 37--as follows:
YEAS--Messrs. Barnett, Barritt, Beeler, Britton, Calvert, Chapman, Chittenden, Coffroth, Cotton, Davidson, Davis, Dittemore, Dunn, Fairchild, Field of Lake, Field of Lagrange, Fuller, Gilham, Gordon, Green, Hamilton, Higbee, Higgins, Hutson Johnson of Parke, Jump, Lercheval, Mason, McBride, Millikan, Miller, Monroe, Neff, Osborn, Overmyer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Sabin, Skidmore, Stephenson, Stewart of Ohio, Stewart of Rush, Taber, Welborn, Wile, Wildinan, Williams of St. Joseph, Williams of Union, and Mr. Speaker--51
NAYS--Messrs. Admire, Baker, Bates, Beatty, Bobo, Bowen, Carnahan, Cave, Cunningham, Furnas, Hall, Hutchings, Hyatt, Johnson of Montgomery, Johnson of Marshall, Lamborn, Logan, Long, McDonald, McGregor, Miles, Miner, Mitchell, Mock, Odell, Palmer, Shoaff, Shoemaker, Sleeth, Smith, Sunman, Tebbs, Underwood, Vater, Williams of Hamilton, Williams of Knox, and Zenor--37.
CHANGE OF VENUE.
Mr. Ratliff 's change of venue bill, [H. R. 111] amending the seventieth section of the practice act, was take up in order, and read the third time. It puts the right to a change of venue on the same footing in civil and criminal cases.
The bill was finally rejected in the House yeas 6, nays 86.
ORDER OF BUSINESS.
Mr. WILLIAMS of Knox, (by consent) submitted a resolution, which was adopted, for an order that we now proceed to call the roll of names of members, and when the name is called the member shall have the right to call up any bill of the House, or he may introduce a new bill or resolution.
MEDICAL PROFESSION STANDARD.
Mr. ADMIRE called up Mr. Overmyer's bill, [H. R. 24] to regulate the standard of the medical profession, declaring who may practice medicine in its various departments. The substitute amendment prescribes that those may practice who have a school diploma; who have practiced medicine for ten years; or who have a certificate of qualifications and license from a Board of censors appointed by the State Medical Board; and their names shall be registered.
Mr. RATLIFF recited its provisions and objected to it because it allowed quacks to practice, if they make no charge. He also objected to the second section, which gives those who have practiced five years longer to come into the regular profession; and because it cuts off those most benevolent lady practitioners of the State.
Mr. BRECKINRIDGE stated that that bill applies only to quacks, not at all to any lady practitioner.
Mr. McFADIN went for protection against quack doctors. Certainly the bill would not prohibit the old lady prescriptions of young hyson or pennyroyal; it was aimed strictly at the quacks.
Mr. BARRITT considered it important to pass such a bill, because the State of Ohio has such a law recently enacted, and this State will be flooded with their quacks, if we do not keep them out by law.
Mr. WILDMAN demanded the previous question, and under its force the committee's substitute and amendments were adopted, and the bill was ordered to the engrossment.
ADJUTANT GENERAL'S REPORTCLAIM.
Mr. SABIN, by conseut, from the Committee on Claims reported adversely to several claims, and for the allowance of the claim of A. H. Connor., State Printer, for seven thousand four hundred and fifty-five dollars, thirteen cents, for extra work done on Adjutant General's Reports.
SEA WALLS FOR NAVIGABLE WATERS.
The bill [S. 90] to amend the thirty-fourth subdivision of section fifty-three of the act to repeal all laws for the incorporation of cities, etc., of March 14, 1867, was called up and read the first time.
Mr. WILE moved to suspend the constitutional restriction for the final consideration of this bill, which was agreed to--yeas 75, nays 1--and then the bill was read a second time by title.
Mr. OSBORN proposed to amend by a section, providing that all streets or parts of streets in any city or incorporated town which have been fenced up for twelve years are vacated as streets and revert to the owners of lands on each side as by law provided for the vacacation of roads.
Mr. DUNN moved to amend by striking out the word "incorporated," and inserting "towns" after "cities."
Mr. Osborn's amendment wag adopted by unanimous consent, but--
Mr. JOHNSON of Park, objecting to Mr. Dunn's amendment to the amendment, it was not entertained.
The bill as amended was then passed the final reading in the House--yeas 74, nays 7--with an amendment of title, submitted by--
Mr. PIERCE of Porter, adding these: "And vacating certain streets and parts of streets in cities."
Mr. BARNETT called up the bill, [S. 279] to reorganize the Ninth Judicial Circuit, etc., and it was read the first time.
Mr. JOHNSON of Marshall, said that two page: 589[View Page 589] counties of this circuit, Pulaski and Starke, were left out.
TURNPIKE COMPANIES.
Mr. BARRITT called up Mr. Sleeth's bill, [H. R. 214] to amend the act supplemental to the act of March 5, 1859, amended by the act of 1867, authorising purchasers of railroads and turnpikes, etc., to organise as incorported companies, etc., provided such purchasers shall organize within six months after the passage of this act, and it was read the second time.
On motion of Mr. ODELL, (under a suspension of the constitutional restriction) the bill was considered as engrossed, and finally passed the House by yeas 75, nays 0.
ULITIES OF CERTAIN VOLUNTEERS.
Mr. BAKER called up his joint resolution [H. R. 8] for congressional instructions for the removal of disabilities incurred by Indiana volunteers, who left the service without leave or discharge, (when they were ordered to Texas,) after the 15th day of April, 1865, bounty, etc., it was read the second time.
On motion of Mr. MILES, (the constitutional restriction having been removed for the purpose,) the joint resolution was considered as engrossed.
Mr. BAKER and Mr. DAVIS stated the cogent reasons that exist for the restoration of these brave men--perhaps amongst the bravest of the war--to their rights, whose only offense was merely technical--that of leaving their comrades, under the advice of their officers, but without discharge after the surrender of General Lee and when they were ordered to Texas, after the term of their enlistment had fully expired.
The joint resolution was finally passed the House--yeas 82, nays 0.
VACANCIES IN COUNTY OFFICES.
Mr.ZOLLARS, in behalf of the Committee on Elections, introduced a bill [H. R. 310] touching vacancies in county and township offices, and filling the same by appointment of the county commissioners, etc.; and on his further motion (the constitutional restriction having been suspended for the purpose) the bill was read the first and second time by title.
Mr. WILDMAN proposed to amend, by excepting township trustees, to be appointed by county auditors, when the county commissioners are not in session.
The amendment was adopted; and then the bill was read the third time and finally passed the House--yeas 69, nays 4.
Mr.PIERCE of Porter, asked, but did not obtain leave, to call up the supervisor's election bill--which completes the election bills.
THE SPECIFIC APPROPRIATION BILL.
Mr. BUSKIRK, from the Committee on Ways and Means, now asked and obtained leave to introduce the specific appropriation bill [H. R. 311] for an act making specific appropriations for the expenses of the State government for the year 1869, and it was read the first time, and made the special order for tomorrow nine o'clock.
THE SUFFRAGE AMENDMENT.
The SPEAKER laid before the House a communicatien from the Governor, transmitting a certified copy of the joint resolution of the Congress of the United States on the subject of suffrage, indicated as article fifteen of that Constitution.
Mr. ZOLLARS desired to submit a resolution in relation to the proposed amendment of the Constitution of the United States.
Mr. COFFROTH objected, and--
The SPEAKER sustained the objection.
Mr. BUSKlRK moved to make the matter of the Governor's message the special order for to-morrow two o'clock p. in.
Mr. COFFROTH made the same point of objection.
The SPEAKER overruled the objection, and entertained the motion of Mr. Buskirk.
Mr. COFFROTH then moved that the House do now adjourn, demanding the yeas and nays, and there was a second, and the yeas and nays being ordered and taken resulted, yeas 39, nays 54.
So the House refused to adjourn.
Mr. WILLIAMS of Knox, moved to amend the motion of Mr. Buskirk, by proposing to make the joint resolution for the negro suffrage amendment the special order for Saturday two o'clock. It was a fire brand, he said, and might interrupt legislation. There is a good deal of legislation yet to be done, and that the minority were willing to assist, so far as in them lay, in doing the necessary work. He hoped no such a brand would be thrown in the House to retard legislation, or defeat it altogether.
Mr. BUSKIRK replied to Mr. Williams of Knox, that this matter which he terms a firebrand, is nothing more than a Constitutional amendment, submitted to this Legislature in accordance with all the forms of law, and that it demands the attention of the Legislature at an early day. The matter was not sooner brought forward, in order to allow of the most important business of the session being transacted; but having been determined on at last, the majority now propose to consider the matter, to-morrow without fail, and leave to the minority the responsibility attaching, should they by any irregular or revolutionary course, succeed in defeating action. He said if gentlemen were prepared to take the responsibili page: 590[View Page 590] ty of arresting the legislation of the session, it was their own matter. This question was regularly before the House, and the majority would not shrink from its consideration in order.
Mr. COFFROTH said: It was not proposed to make any factious opposition here, if gentlemen propose and prefer to make this matter the special order. But the House might be assured that gentlemen acting with him are willing to assume all the responsibility that can attach to their action as representatives. And we do feel, said he, that there is much legislation before the General Assembly which the people demand at out hands. But with regard to this joint resolution for negro suffrage, we feel this way: When, in the progress of the last canvass, we Democrats told the people that the Republican party were preparing to fasten negro suffrage upon the country, Republicans everywhere instantly denied the charge. And they denied it in their platforms. Throughout the State of Indiana, Republican candidates, orators and newspapers, all said that they were opposed to negro suffrage; and the Democrats said the same thing. And now, at this time time, and in the manner proposed here by Congress, to attempt to impose such a thing upon the people--we think it is wrong; and perhaps it would not be too much to say here that we think it a fraud upon the people, and a thing that should not be considered at this session. We think this question should first go before the people. And if, after the people shall have had time to consider this proposition--to adopt or reject it; if the people should deicded and determine to adopt this joint resolution--this--what they call impartial or negro suffrage--we shall then very cheerfully submit to the decision of the people. But until then we think it would be wrong to insist upon its consideration. We think it wrong that it should be considered at this time; and we think that it is not now properly before the House. Therefore, upon this showing, he would say that we are prepared to resist this action now foreshadowed by all proper means; and we are prepared to assume whatever responsibility may follow from the course we take, and go to the people upon it.
The previous question was now demanded, and there was a second, and the main question was ordered.
The first question being on the amendment of Mr. Williams of Knox, to postpone the order till Saturday at two o'clock--
Mr. COFFROTH and Mr. ODELL demanded the yeas and nays, and they were ordered and taken, deciding the question in the negative--yeas 41, nays 53--as follows:
YEAS--Messrs. Addison, Admire, Bobo, Calvert, Carnahan, Cave, Coffroth, Cory, Cotton, Cox, Cunningham, Dittemore, Fuller, Hutching, Hyatt, Johnson of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Miner, Mitchell, Mock, Montgomery, Neff, Odell, Palmer, Shoaff, Shoemaker, Sleeth, Sunman, Tebbs, Vater, Welborn, Wile, Williams of Knox, Zenor and Zollars--41.
NAYS--Messrs. Baker, Barnet, 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, Johnson of Parke, Johnson of Marshall, Jump, Kercheval, Lamborn, Mason, Millikan, Miller, Monroe, Osborn, Overmyer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Vardeman, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union and Mr. Speaker--53.
So the amendment was rejected.
And then Mr. Buskirk's motion to make the joint resolution for the constitutional amendment for negro suffrage the special order for to-morrow at two o'clock, was agreed to without a division.
And then--
The House adjourned, till to-morrow nine o'clock a. m.
