Skip to Content
Indiana University

Search Options


View Options


Table of Contents



Brevier Legislative Reports, Volume XI, 1869, 431 pp.
previous
next

AFTERNOON SESSION.

On motion of Mr. Underwood (the constitutional restriction having been removed for the purpose,) his bill [H. R. 321] to amend the act authorizing cities and towns to erect and repair school houses, so that they may purchase school houses as well, was taken up on the second reading thereef; and it was ordered to engrossment.

On his further motion, the bill was considered as engrossed, ordered to the third reading, read the third time and passed - yeas 73, nays 3.

CRIMINAL COURTS FOR FLOYD AND CLARK.

Mr. OVERMYER (by consent), from the Committee on Organization of Courts, re- page: 96[View Page 96] turned the bill [S. 110] creating the Twenty-fifth Judicial Circuit, etc., [authorizing Criminal Courts for the county of Floyd and the countyof Clark;] with amendments, making it the "Twenty-sixth" instead of the "Twenty-fifth" Circuit, etc.

Mr. STEWART, of Clark, said we have but yesterday passed a bill creating the Twenty-sixth Circuit, composed of the counties of Union, Franklin, Dearborn and Ohio.

On motion of Mr. DAVIS, of Floyd, the amendment as to the number of the circuit was changed to the "27th." So the amendments reported by the committee were adopted.

On the further motion of Mr. DAVIS, (the constitutional restriction having been removed for the purpose), the bill as amended, was ordered to the engrossment, considered as engrossed, read the third time and passed the House of Representatives-yeas 78, nays 7, with a corresponding amendment of title.

BILLS FOR ACTS.

Mr. VARDEMAN-[H. R. 381] to amend the act of February 7th, 1867, to prevent the breaking of a quorum in the General Assembly [by including "resigning' in its provisions and penalties.]

Mr. NEFF moved that its consideration be postponed till the llth of May. [Laughter.] It was so ordered.

Mr. VATER-[H. R. 382] to amend section 8 of the general city corporation act.

Mr. WELBORN introduced a joint resolution [R. R. 14] for Congressional instructions for a Southern District Court of the United States for the State of Indiana, to be located at Evansville.

Mr. WILLIAMS, of Hamilton-[H. R. 383] authorizing the sheriffs to pay over any moneys collected by them on execution into the hands of the county clerk-the clerk's receipt to release the sheriff from liability-the clerk to be liable for money so received.

Mr. WILLIAMS, of Knox-[H. R. 384] concerning the school lands, saline, university and other lands belonging to the trust funds of the State of Indiana, and legalizing all deeds transferring such lands.

Mr. WILLIAMS of Union introduced a joint resolution, No. .15, directory to the State Printer (to print and distribute 15,000 copies of all the laws pertaining to decadants estates and guardians.)

Mr. ZENOR[H. R. 385] to repeal the act to prevent the breaking of a quorum in the General Assembly, and prescribing punishment therefore, approved February 7, 1867.

On the motion of Mr. PIERCE of Vigo, this bill was made a special order for the 10th day of May. [Laughter.]

Mr. ZOLLARS-[H. R. 386] defining certain felonies, and prescribing punishment therefor. [If any person steal property in another State, and bring it into this State such person may be proceeded against, etc.]

Mr. WILDMAN and Mr. ZOLLARs presented claims, winch were referred without reading.

INFANTS IN COTTON MILLS.

Mr. WILLIAMS of Union's, bill [H.B. 285] was taken up, it being the special order for this day, proposing to allow infants to be worked eleven hours a day in the cotton and woolen factories of the State-the question being on Mr. Stewart of Ohio & amendment to make it eight hours a day.

Mr. KERCHEVAL took the floor in opposition to the bill, stating that he believed it was introduced here in the interest of a single cotton factory located in his section of the State. It had been said that this bill was copied from the Rhode Island statute. He believed that Rhode Island was alone among all the States in legalizing the employment of infants more than ten hours a day, unless they are over eighteen years of age. In some States it was an offense for parents to consent to such inhuman working of their children. He spoke here in the interests of humanity; and held that, herein the Legislature should stand as guardian of the children of the State.

Mr. WILE also spoke against the bill, because it discriminates between the woollen and cottton manufacturing interests, and other manufacturing interests; and as to the other provision, changing the time of employment from ten to eleven hours, he was utterly opposed to it. With regard to the provision requiring that infants shall not be employed more than nine months in the year, he insisted that it will fall short of attaining the end desired.

Mr. McFADIN replied to Mr. Wile; and rehearsed additional considerations against the bill. He read an extract from a report by a committee of the Legislature of Massachusetts, setting forth the hardness of the servitude of children in the numerous factories of that State. He alleged that there was no provision in this bill which required any parties to send their factory children to school during their proposed three months exemption from employment in the factories. He closed with an earnest appeal for the rejection of the bill.

Mr. BRECKINRIDGE, believing that labor should be allowed to regulate itself without regard to legislation, moved that the bill be indefinitely postponed.

The motion was rejected-yeas 38, nays 43.

Mr. STEWART, of Rush, regarded the page: 97[View Page 97] question gravely, in figures, showing that the hours, which the bill provides for labor for these persons in the year are not so many as the number of hours that they are worked under the existing law by 546 hours. Therefore, he concluded that the bill might be regarded as so much more favorable to the physical and intellectual development of the youths to be affected by it.

Mr. RUDDELL conceded conscientious action on the part of the opposers of the bill. As for himself, he did not propose to legislate in the interests of any class. He would legislate in the interests of the State. He would not legislate for class or sect, but for all. The Constitution prohibits class legislation, yet the legislation of the State has discriminated against the manufacturers contemplated in this bill. And he showed the blighting effect of such legislation. On the general prosperity of the State. Having an inland State, we ought to look to those interests which we may most readily and certainly develope. He would cast his vote for the encouragement, the developement and protection of the manufacturing interests of the State.

Mr. STEWART, of Ohio, replied to the speech of Mr. Stewart, of Rush, showing that the bill does not provide that those employed children shall be sent to school.

Mr. STEWART, of Rush, read from the bill the clause which forbids the employment of such children as have not been sent three months to school within the last nine months.

Mr. STEWART, of Ohio. That would only keep certain children out of employment-children who do not go to school. He also replied to Mr. Ruddell. He then showed that the argument for the bill can not stand. He would not weigh the interests of manufacturers or any material interest against the interests of humanity, and he showed how the latter better deserves the protection of law. He defended his amendment to reduce the term of labor to eight hours a day. When he had concluded-

Mr. GREENE demanded the previous question, and under it pressure-

Mr. Stewart of Ohio s amendment was rejected, yeas 34, nays 50, and the question then recurred on the adoption of Mr. Kercheval s amendment, striking out "eleven" and inserting "ten" in lieu, the vote resulting - yeas 63, nays 23-as follows:

Yeas-Messrs. Addison, Baker, Barnett, Bates, Beeler, Britton, Breckinridge, Calvert, Cotton, cox, Davidson, Davis of Elkhart, Dunn, Fairchild, Field of Lake, Field of Lagrange, Gilham, Gordon, Greene, Hall, Hamilton, Higbee, Higgins, Hutchings, Hutson, Hyatt, Johnston of Parke, Johnson of Marshall, Jump, Kercheval, Lamborn, Logan, Long, Mason, McFadin,Millekan, Miller, Miles, Miner, Mitchell, Monroe, Montgomery, Neff, Odell, Overmyer, Palmer, Pierce of Porter, Pierce of Vigo, Ratliff, Sabin, Shoaff, Sleeth, Smith, Stanton, Stewart of Ohio, Sunman, Taber, Tebbs, Underwood, Wile, Williams of Hamilton. Williams of St. Joseph and Wilson-63.

Nays-Messrs. Admire, Carnahan, Cave, Coffroth, Gory, Cunningham, Davis of Floyd, Dittemore, Fuller, Johnson of Montgomery, Lawler, Osborn, Ruddell, Shoemaker, Stephenson, Stewart of Rush, Vater, Welborn, Williams of Knox, Williams of Union, Zenor, Zollars and Mr. Speaker-23.

So the amendment was adopted.

Mr. WILE proposed to amend the bill by inserting appropriately: "and in every other shop, factory or place where such minors are employed," and inserting a clause repealing laws conflicting, etc.

On the motion of Mr. RUDDELL, the subject was now indefinitely postponed.

SHERIFFS' MILEAGE.

On motion of Mr. FULLER, his bill H. B. 53] relative to sheriffs' mileage carrying convicts to the State prisons, was taken up, with the committee amendment proposing mileage for conveying female convicts by the usually traveled route.

Mr. PIERCE of Porter, moved to amend, so as to make the distance for the travel of the Porter county Sheriff' from Valparaiso to the Michigan City Prison "forty miles," instead of "22."

The amendment was agreed to.

Mr. VATER proposed to amend by giving the Marion county Sheriff 154 miles, which was also adopted.

Mr. COFFROTH proposed 145 miles for that part of the bill which relates to Huntington county; which was also adopted.

Mr. DITTEMORE proposed 127 miles for Owen county, which was also adopted.

Mr. GORDON proposed 142 miles for Boone coounty, which was adopted.

Mr. FIELD, of Lake, proposed 65 miles for Lake county, which was adopted.

Mr. COTTON proposed 103 miles for Whitley county, which was adopted.

Mr. McFADIN proposed 85 miles for Cass county, which was agreed to.

Mr. ODELL proposed 100 miles for the county of Shelby, which was agreed to.

Mr. LAMBORN praposed 105 miles for Benton county, which was adopted.

Mr. OVERMYER proposed 75 miles for Jennings caunty, which was adopted.

Mr. SMITH proposed 111 miles for Wabash county, which was adopted.

Mr. CUNNINGHAM proposed 140 miles for Fountain county, which was adopted.

Mr. MILES proposed 197 miles for Sullivan county, which was adopted.

Mr. NEFF proposed 144 1/2 miles for Putnam county, which was rejected.

Mr. WILLSON moved to lay the bill on the table, which he withdrew to avoid the demand for the yeas and nays.

page: 98[View Page 98]

Mr. McFADIN proposed eighty miles for Cass county, which was adopted.

Mr. PEIRCE showed that there is necessity for the bill to pass, to prevent unlawful charges for Sheriffs' mileage.

And then under pressure of the previous questions, the bill was ordered to the engrossment, considered as engrossed, and passed the final reading-yeas 76, nays 1.

The House then adjourned.

previous
next