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Brevier Legislative Reports, Volume XI, 1869, 431 pp.
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HOUSE OF REPRESENTATIVES.

Mr. FULLER presented a claim.

REPORTS FROM COMMITTEES.

Mr. JOHNSTON, of Parke, from the Judiciary Committee, returned his bill [H. R. 358] in relation to City Judges, recommending its indefinite postponement. He also reported Mr. Dittemore's bill [H. R. 346] to repeal section 2 of the "Provoke Law," recommending its indefinite postponement.

Mr. FIELD of Lake, from the same comittee, returned Mr. Pierce of Vigo's bill [H. R. 372] to make extortion a misdemeanor, etc. He also returned Mr. Neff's bill [H. R. 367] to make the wife a competent witness in certain cases, recommend their indefinite postponement.

Mr. DAVIS of Floyd, from the same committee, returned Mr. Monroe's per diem and mileage of members bill [H. R. 306] recommending its indefinite postponement. He also returned Mr. Gordon s bill [H. R. 320] to limit the allowances of Courts and Boards, recommending its indefinite postponement.

Mr. DUNN, from the same committee returned a bill from the Senate; also Mr. McDonald's bill [H. R. 85] to make Michigan road land records evidence, recommending indefinite postponement.

FIFTEENTH ARTICLE AMENDMENT.

Mr. PIERCE, of Vigo, from a majority of the Committee on Elections, reported on the petition presented yesterday by Mr. Coffroth, from 2,000 citizens of the counties of Ohio and Switzlerland, for instructions to their Senator and Representative to oppose the ratification of the fifteenth amendment proposed to the Constitution of the United States or resign. The report recites the article of the general Constitution providing for amendments thereof, and alleges that the proceedings in relation to the proposed fifteenth amendment have been regular; and that the proposition for submission to the people is unknown to the Constitution; and it concludes with the expression of opinion that the said petitioners should not interpose authoritatively in cases where the oath of their Representatives are involved.

On motion of Mr. ZOLLERS, it was laid on the table.

Mr. OSRORN, from the Committee on Education, returned Mr. Cunningham's bill to amend sections 1, 25, and 33 of the Common School law (for changing the pay of certian school officers) recommending its indefinite postponement.

Mr. MITCHELL, from the Committee on Fees and Salaries, returned Mr. Dunn's bill [H. R. 233] for amending the law regulating the fees of certain officers-Surveyors-recommending its indefinite postponement.

These reports for indefinite postponement were severally concurred in.

Mr. BRECKINRIDGE, from the Committee on Rights and Privileges, returned his bill [H. R. 328,] for registrations of births and deaths, recommending its indefinite postponement.

Mr. COFFROTH considered that this bill has good features. It is a matter which frequently becomes of the highest impor page: 101[View Page 101]tance to parties in reference to questions of identity. The country is growing, and property is becoming very valuable, and something of this character is eminently fit and proper.

Mr. MITCHELL. The late war has given rise to many claims against the Government for pensions and bounties, and I have found it very difficult, in numerous cases, to get the necessary proof to establish the claims of minor heirs.

Mr. BRECKINRIDGE. It was the opinion of the committee that the bill imposed onerous duties on the Township Assessors, and it imposes penalties on ministers of the gospel and others who may solemnize marriages, if they fail to report to the Assessor. The committee were unable to see in what sense it could do any good. The institutions of our country differ entirely from those of the old country, There every man is bound to do military duty, and every child is born a member of the church, etc.

The House refused to concur in the recommendation of the report to indefinitely postpone the bill - affirmative, 27; negative, 45.

On motion of Mr. PIERCE, of Porter, the bill was then referred to the Committee on the Judiciary.

PAY OF MEMBERS.

Mr. STEWART, of Rush, submitted a preamble and resolution (which was adopted), reciting the facts that the present extra session was called to convene on the 8th, and was organized on the 12th of April instant; and authorizing the Speaker to draw his warrants for the pay of members from the 8th instant inclusive.

Mr. MILLER, from the Committee on Mileage and Accounts, submitted a report assigning the mileage of the several members of the House of Repretentatives.

Mr. PIERCE, of Vigo, said it was precisely the same as that which was adopted at the regular session.

The report was adopted.

Mr. NEFF, from the Committee on Corporations, returned Mr. Hall's bill [H. R. 197] legalizing the Acts of Township Trustees, recommending its indefinite postponement, which was concurred in.

Numerous favorable reports from the several committees were laid on the table, without further action, till they shall come up in order.

GENERAL APPROPRIATION BILL.

On motion of Mr. STEWART, of Rush, the order of business was suspended for the consideration of the General Appropriation bill [H. R. 309.]

On motion of Mr. CHITTENDEN, the House resolved itself into a Committee of the Whole for the consideration of said bill-

Mr. STANTON in the Chair.

And after some time spent therein, the Commitee rose, and-

The CHAIRMAN reported the bill back with sundry amendments to the amendments proposed thereto by the Senate.

Mr. CORY moved to amend by striking out $5,000 for the boiler room and engine house for the Michigan City Prison, and inserting $1,000 in lieu.

After debate by Messrs. PIERCE of DAVIDSON, and FIELD, of Lake, showing the necessity for this appropriation; by Mr. BARRETT, giving the reason why the Prison Committee did not report in favor of this improvement; by Mr. WILDMAN,who was satisfied that $5,000 is too much, and proposing to make it $2,000; by Mr. JOHNSTON of Parke, in favor of the appropriation as in the bill"$5,000, or so much thereof as may be necessary."

Mr. NEFF demanded the previous question-

Mr. CORY accepted Mr. Wildman's proposition to make it $2,000.

The yeas and nays on the adoption of the amendment resulted-yeas 50, nays 36, as follows:

YEAS-Messrs. Addison, Admire, Barritt, Bates, Beatty, Beeler, Carnahan, Cave, Gory, Cotton, Cunningham, Davidson, Davis of Elkhart, Davis of Floyd, Dittemore, Dunn, Fairchild, Field of Lagrange, Fuller, Gordon, Greene, Hall, Higbee, Higgins, Hutchings, Hutson, Hyatt, Johnson of Montgomery, Johnson of Marshall, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Mitchell, Montgomery, Neff, Overmyer, Shoaff, Smith, Sunman, Vater, Welborn, Wile, Wildman, Williams of Knox, Zenor, and Zollers-50.

NAYS-Messrs. Baker, Barnett, Breckinridge, Calvert, Chittenden, Coffroth, Field of Lake, Gilham, Johnston of Parke, Jump, Kercheval, Lamborn, Mason, Millekan, Miller, Miner, Odell, Osborn, Palmer. Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Sabin, Skidmore, Sleeth, Stanton, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Vardeman, Williams of St. Joseph, Williams of Union, and Mr. Speaker-36.

Mr. LAMBORN, explaining, I wish to say to the House that one thousand dollars will not take the boilers out of the budding. Then what kind of a building can you construct for one thousand dollars?

Mr. RUDDELL explained, He had at his room an estimate made by a competent mechanic, setting forth the plan of these improvements; and there it is estimated that upwards of five thousand dollars would be necessary just for the construction of the building, leaving nothing for the expense of removing to present boiler. All the buildings for this Northern Prison are of the most substantial character.

Mr. STANTON, explaining. I shall vote "no" on this amendment, for the reason that I have no idea that two thousand dollars will be sufficient for the proposed building. There must be iron frames for the roof. He respected the recommendations and estimates of the Di page: 102[View Page 102]rectors and Warden, who are men of reputation.

Mr. VATER explained. I am very well satisfied that if ten thousand dollars were appropriated it would all be expended on the building, if it were necessary to make it of polished marble. I know what architects say in such cases: Of course if it is appropriated it is expected that it will be expended. And I say that two hundred or two hundred and fifty dollars will do the brick-work, and that six to eight hundred dollars will build the chimney. I find then that it will leave four or five hundred dollars to remove the boiler, &c. Therefore I vote aye.

Mr. WILDMAN explained. He hoped none would consider that, by making this motion, he wished to cast any reflection on the officers of the Northern Prison. The Warken is very anxious to have the Northern Prison second to none in the United States. The reason he objected to the five thousand dollars is, because he conceived that these gentlemen desire a finer building than the necessity of the case demands.

So the amenement was adopted, and the item changed to two thousand dollars.

After debate on the order, the report, of the Committee of the Whole, as amended, was adopted.

THOS. C. M'COWN, DOORKEEPER.

Mr. OSBORN, from the Committee on Employes, reported that said committee having inquired into the charges alleged against Thos. C. McCown, find no evidence to sustain them, and asked to be discharged. The committee also reported the evidence to the House.

Mr. PIERCE, of Vigo. Understanding that this committee have given this matter a patient investigation, and that there is not a scintilla of evidence to sustain the charges, I move that the report be concurred in.

The motion was agreed to.

Mr. HAMILTON submitted the following, which was adopted:

WHEREAS, Thomas C. McCoun, Doorkeeper of this House has been arraigned before the House on charges of corruption and bribery in the distribution of his appointments; and,

WHEREAS, The Committee of Investigation, raised by the House to investigate said charges, has found them wholly without foundation; therefore,

Resolved That said Thomas G. McCoun, said Doorkeeper, is entitled to the Confidence and respect of this House.

The House took a recess to prepare for the Joint Convention appointed for 12 o'clock M.

IN JOINT CONVENTION.

The LIEUTENANT GOVERNOR announced the authority for the convention of the two Houses, to choose a Director for the Southern Prison, and the order nominations.

Mr. Representative HAMILTON nominated Robert S. Heiskell.

Mr. Representative LAWLER nominated James Keigwin.

The vote resulted as follows

Mr Heiskell received................................73 votes

Mr Keigwin received........................48 votes.

Mr. Heiskell, having received a majority, was declared to be duly elected.

Mr. OSBORN asked for the reading of the following letter, for information of the Joint Convention, as matter pertinent to the interests of the Southern Prison.

CORYDON, IND., April 20, 1869.

Governor Baker, Indianapolis, Indiana:

DEAR SIR : I have been informed by my friend Mr. Nixon, that certain parties at Indianapolis, in view of the fact that some of my friends have named me in connection with the position of Director of the Southern Prison, have stated that Colonel Merriweather, late Warden, in his testimony before the recent Legislative Committee, raised to investigate the management of that institution, swears that Governor Morton, with myself and other Republicans of the Second District, induced Mr. Donaldson, a former Director, to resign for a consideration; and that I and one Judge B. (who is meant I do not know,) raised $2,000 for Donaldson. I do not know whether Colonel Merriweather has made this statement or not, but whether made by him, or anybody else, on oath or otherwise, so far as it involves me, it is utterly false, and without the shadow of a foundation in truth. I do not remember certainly ever to have met Mr. Donalson, but think I did have a formal introduction to him at the Bates House in January, 1865. If so, the interview did not last over a minute, and was confined to the ordinary courtesies of such an occasion. I never communicated with him directly or indirectly on the subject of his resignation - never contributed one farthing myself, nor asked nor advised any one else to contribute a farthing, for any such purpose, and had no knowledge that money was paid him to secure his resignation. I was informed by a gentleman of Clarke county, a leading Republican, early in 1865, that it was probable that Donaldson would resign, and, in such a contingency, was asked to suggest some one who was honest and qualified as a suitable person to recommend for appointment as his successor. I suggested Samuel J. Wright, Esq., of this place, and my recollection is that I called on Governor Morton, and told him I had been informed that possibly Mr. Donaldson would resign, and if he should do so Mr. Wright's appointment, I believed, would be a good one. Other gentlemen, no doubt, did the same. I imagine this was about all that Governor Morton knew about Donaldson's intended resignation. Donalson did eventually resign, and Mr. Wright's friends again urged and secured his appointment to the vacant place. This was all the agency I had in this whole matter. I am sure I am in no wise ashamed of it, because I believe it is conceded Mr. Wright made an honest and efficient Director.

I trust your Excellency will pardon me for addressing you on a subject so purely personal. I suppose this testimony, if any such exists, has come, or will come, under your observation, and I am unwilling to rest for a moment under an imputation of corruption so utterly without foundation as this is. My purpose is to set myself right with your Excellency, whose good opinion, as well as that of all other honest men, I confess I covet.

Very respectfully, Your Obedient Servant, THOMAS C. SLAUGHTER

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The LIEUTENANT GOVERNOR then adjourned the convention.

The SPEAKER resumed the Chair, and -

The House took a recess till 2 o'clock.

AFTERNOON SESSION.

GOVERNOR'S PARDONS AND REPRIEVES.

Mr STANTON rose to what might be a question of privilege-to correct the statement of the gentleman from Vigo, yesterday, with regard to the Governor s pardons since the first of January.

Mr. PIERCE, of Vigo, said he was misunderstood by the reporter. He intended to say twenty-five, and he did say twenty-five.

Mr. STANTON continued. Mr. Pierce, of Vigo, was mistaken yesterday in saying that the Governor's report showed 35 pardons granted from January 1, 1869, to April 1, 1869. The report shows 24 instead of thirty-five pardons granted during that time. Of these twenty-four, six were pardoned on the recommendation of the physicians and officers of the prisons, to the end that they might die with their friends, each of them being afflicted with an incurable disease, which must soon terminate life. Two were pardoned because of insanity, certified to by the Prison Physician, and the pardons requested by the Directors. One boy was sentenced to the House of Refuge and could not be received because that institution was full, and, as he could not be tried a second time for the same offence, nor could he be legally imprisoned elsewhere, he was, therefore, pardoned.

A majority of the remaining eleven were convicted of minor offences and had served out the principal portion of their time, and by their good conduct had given evidence of reformation.

TWENTY-EIGHTH JUDICIAL CIRCUIT.

The SPEAKER announced the special order, viz: Mr. Ruddell s bill [H. R. 341] creating the 25th Judicial Circuit, providing for the election of a Judge thereof, etc.

The Special Committee's substitute therefor was read by the Clerk.

Mr. OSBORN and Mr. DITTEMORE objected to the subssitute, on account of its disposition of Morgan County.

Mr. STANTON stated that it was satisfactory to the Marion Representatives, taking out Johnson county from their circuit, and giving a better chance for trial before their Judge, and it was also satisfactory to the Representative from Morgan county, Mr. Mitchell. All he asked was that there might be a chance for the business to be done in the Marion Circuit.

Mr. BARRITT was surprised at this opposition coming from, members outside the Circuit.

Mr. WILSON supported the substitute, as demanded for relief from the pending business in Marion county. We should yield our opposition for the general good.

Mr. OSBORN proposed to amend, by striking out Morgan county, which he briefly defended. What he objected to was this formation of a new circuit-this reducing a circuit already too small, for the purpose of making another judge-making up a new circuit at the expense of older ones.

Mr. MITCHELL had not been urging, this amendment-substitute on behalf of Morgan county, but had consented at the solicitation of members from Marion. He opposed Mr. Osborn's amendment, and replied to the considerations upon which it was urged.

On motion of Mr. OVERMEYER, Mr, Osborn's amendment was laid on the table.

Mr. WILLIAMS of Knox spoke generally against the formation of numerous circuits. The judiciary expenses of the State had, in two years increased from $35,000 to $76,000.

Mr. STANTON replied to Mr. Williams and showed the offset of this expense in savings in the expense for witnesses and jail fees. We were all anxious to save expense. But should we therefore deny the rights of parties before the law? He contended that the people have endorsed the creation of new circuits and of criminal courts in our late legislation.

And then, under the force of the previous question, the substitute amendment was adopted.

On motion of Mr. STANTON, the bill was considered as engrossed, and (the constitutional restriction being removed for the purpose), the bill was ordered to the third reading, read the third time, and passed the House-yeas 66, nays 13-with an amendment of title so as to read: An act creating the Twenty-eighth Judicial Circuit, etc., (it being composed of the counties of Johnson, Shelby, Morgan, Brown and Bartholomew.)

TERRE HAUTE RAILROAD.

Mr. PIERCE, of Vigo (under a suspension) called up Mr. Barnett's bill [H. R. 322] to enable railroad companies to perfect their lines by connections, etc., (the special object being to enable the Terre Haute and Indianapolis Road to cross the river on the new bridge at Terre Haute,) and it was read the second time by title.

On his further motion, (the constitutional restriction having been removed for the purpose) the bill was ordered to the engrossment, considered as engrossed and passed the final reading in the House-yeas 78, nays 0.

FEES OF COUNTY OFFICERS.

Mr, Stephenson's bill [H. R. 78] to regu- page: 104[View Page 104] late the fees of county officers, coming up as the special order, with the substitute amendment in the place of the original bill and the amendments, it was read by the Clerk.

Mr. COFFROTH stated that the Special Committee had reported a fee bill, in compliance with instructions of the House. It was for the friends of a fee bill, in preference of a salary bill.

Mr. GORDON had taken a stand in the House against a fee bill. This bill would be agreeable to his county. But there were counties in the State so small that it might not pay those county officers for their time. He feared, however, that, unless we pass this bill, or that from the Senate, we will do nothing. Therefore, he should, perhaps vote for this bill. Still he thought the Legislature might do better than to pass a fee bill; and he thought the Senate bill better than this.

Mr. STEWART, of Ohio, replied to Mr. Gordon: This amendment came from the hands of experienced men, and would be found to meet most of the exigencies complained of. His county was one of the smaller class, and he was perfectly satisfied that it would do no injustice there. The bill provided against constructive fees. That matter was well hedged. The bill provided strictly that the officer shall be paid for the work he does, and for do more. He explained its provisions at length, answering interrogatories by Mr. Monroe and Mr. McFadin. It was prepared with special reference to the importance of guarding against abuses, and not to injure the officials in the smaller counties.

Mr. CORY moved ineffectually to print the bill.

Mr. KERCHEVAL said the bill changes the items of fees but little from what the law now is. The great object of the Committee in revising the fee bill was to provide against constructive fees and extravagant allowances by county boards, &c. And they had done their work well. He commended particularly the change with regard to the fees of County Treasurers diminishing the per centage on larger sums, and increasing the per centage for collecting delinquent taxes to ten per cent. This last change would increase their vigilance in collections. When we remedy the abuses connected with extra allowances (as to Sheriffs, etc.) and those called constructive fees, he considered that we would have a very just fee bill.

Mr. WILDMAN said the committee was composed of one from each Congressional District; and he stated how they proceeded in the preparation of this bill-appropriating the Sheriffs' fees, the Clerks' fees, and the Auditors' and Treasurers' fees to sub-committees of their number. The most commendable change with regard to the Treasurers' fees was that restricting his per cent, to a half of one per cent on sums collected above fifty thousand dollars.

Mr. LONG explained the few emendations and restrictions as to the fees of Clerks.

Mr. CHITTENDEN proposed to amend the amendment so that County Treasurers shall not be allowed to charge percentage on collections for gravel road purposes, excepting on that portion which is collected in money.

Mr. MONROE opposed the amendment because it does not meet the difficulty, which consists in allowing the County Treasurer to collect for the road corporations-an abuse which he proposed to correct by a separate bill for the purpose.

Mr. NEFF urged action on the bill, and deprecated amendments.

Mr. OSBORN hoped there would be no further changes made in the bill. He had not seen a bill reported from a committee more satisfactory as a whole than this. He believed it would be entirely satisfactory to the people.

On motion of Mr. NEFF, Mr. Chittenden's amendment was laid on the table.

And under the force of the previous question the Committee's substitute amendment was concurred in.

On motion of Mr. COFFROTH, the bill, as amended, was considered and engrossed, ordered to the third reading, and read the third time.

Mr. WELBORN said the sheriffs were cut down to one per cent, on all sums over $200. Then the feeding of prisoners was cut down to 50 cents. These were the only changes proposed on the sheriff's fees.

Mr. McFADIN spoke in general and specific commendation of the bill.

Mr. COFFROTH obtained unanimous consent to insert a section for a repealing clause, and an emergency.

The bill was finally passed the house of Representatives-yeas 69, nays 15-with an amendment of title, viz: "An act regulating the fees of officers and repealing former acts in relation thereto, and declaring an emergency."

On motion of Mr. STEWART, of Rush, the order of business was suspended, for the consideration of House bills on the third reading.

Mr. VATER'S Insane Hospital Appropriation bill was indefinitely postponed-as superseded by an item in the general bill.

MUNICIPAL BANK SHARES TAX.

Mr. KERCHEVAL'S Bank Shares Assessment bill [H. R. 170] was taken up.

Mr. Speaker BUSKIRK (Mr. Neff in the page: 105[View Page 105] Chair,) took the floor against the bill. This thing could not be done under the decisions of the Supreme Court, and under the law authorizing the National Banks, they can not be taxed for municipal purposes, except as the State banks are so taxed. And there were other objections to the bill. The Constitution provides that all bills providing for a tax shall be considered in Committee of the Whole; and this bill has not been so considered. It being thus defective, and because it attempts what can not be done legally, he hoped it would not be passed. There was already a tax discrimination against those interested in the banks furnishing the national currency.

Mr. McFADIN spoke in defense of the bill and, in reply to Mr. Buskirk, denying that there is any law against the taxation of national currency. These national banks being located in the cities, it was pertinent and proper that they should pay tax for municipal purposes. It had been said that the courts would decide against the bill; but let us try it. A similar tax for county and State purposes was passed two years ago, and the courts had not disturbed that.

Mr. VATER was in favor of the principle of the bill. The banks have police protection, in the cities, and on that score, they could not plead for exemption from taxation. The legal argument against the bill depend upon the laws themselves, and there was no constitutional restriction here. And upon the argument of the gentleman from Monroe, that these banks can be taxed for municipal purposes only as the State banks, the question would still depend on our legislation. Then tax State banks, and all alike, under the principle so just and reasonable, upon which this bill proceeds. And the act of 1867, to which reference had been made, expressly declares the power to tax these banks.

Mr. JOHNSTON. Unlike other gentlemen, in his zeal to represent the interests of the people, he did not overlook the moneyed and other interests. He insisted that the clause in the charter of the State Bank, exempting that institution from municipal taxation, was in the nature of a contract that could not be revoked. In reply to Mr. McFadin, he spoke of the earnings of the National Banks; and he showed that the six per cent interest on their deposited bonds, and the limit often per cent, on their loans, making but sixteen per cent., instead of thirty-two per cent., as urged by the gentlemen. Then these bankers are taxed for state and County tax, on every dollar invested, while others pay this tax on hardly more than half what they are worth. The banker is taxed on his capital, on his income, and on his privilege to bank.

Mr. BUSKIRK interposed the suggestion that they are taxed 4 and 61 hundreths per cent-almost double that of any other interest.

Mr. JOHNSON continued showing the extent and stringency of bank taxation, even their currency being liable to taxation-only their stock is exempt from taxation for municipal purposes. If banks were taxed to the full value of their stocks, etc., while other interests are taxed not more than half their value, it was neither right, nor wise, nor just to subject them to be taxed by every petty municipality in the State. "He spoke at length of the general ; advantages of banking institutions.

Mr. ZOLLARS, as a friend of the bill, moved that the further consideration of it be postponed and that it be made the special order for Thursday, 10 o'clock.

The motion was agreed to.

On motion of Mr. "WILLIAMS, of Knox, the title to the County Officers Fee bill [H. R. 78] was amended so as to include these words: "To amend the act entitled an act to regulate fees, salaries, &c., approved March, 1855."

The SPEAKER laid before the House a communication from the Governor, transmitting a supplemental report from the Directors of the Northern Prison, embracing the report of the Moral Instructor of said Prison.

SUPPLEMENTAL REPORT OF THE DIRECTORS OF THE STATE PRISON SOUTH.

INDIANA STATE PRISON, SOUTH.
JEFFERSONVILLE, April 6, 1869.

To Honorable Conrad Baker :

SIR-In view of the Special Session of the Legislature about to convene, and the development of important facts concerning Prison affairs since our last report, we deem it important to present to your consideration the following:

The laws of the State confer on the Warden the sole power of making all contracts for Prison supplies, without any limitation or hindrance from the Directors, and hence the latter can never know what are the expenditures or liabilities of the Prison, except from the accounts and statements of the Warden and his Clerk.

On this basis, and relying on the correctness of the representations of the late Warden, it was that the Directors, in their Annual Report, declared the Prison to be self-sustaining. But on a thorough examination of the affairs, with the assistance of the new Warden, they regret to find it otherwise.

As a specimen of the deceptive figures given them, they would call attention to the fact that the Warden's figures are based on the cash receipts and disbursements, not taking his liabilities or loss on invoices. Indeed he claims an increase of provisions,

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etc., when the Clerks tables show a large falling off.

A thorough overhauling of accounts show that the total earnings of the Prison for the last year, was fifty-four thousand, two hundred and seventy-three dollars and seventy cents. ($54,273 70,) while the expenditure was sixty-two thousand, two hundred and forty-five dollars and ten cents, ($62,245 10,) showing a deficit of seven thousand nine hundred and severity-one dollars and forty cents, ($7,971 40). Of this amount $4,432 62 cents is chargeable to account of repairs; but there roust be added $1,669 74 cents, of accounts of the late Warden, presented since his resignation, and of which neither Clerk nor Directors had previous knowledge, leaving the real deficit $5,208 52 cents. The number of prisoners reported was 405, showing, that each prisoner cost the State $12 86 cents per year more than is earned.

The New York State Prison at Auburn reports to the Legislature a deficiency of $35 00 per man, while in the Sing Sing Prison the deficiency is still greater, being nearly $100,000 to 1,293 convicts. It must be remembered further that 19 of our convicts are females, whose labor is not profitably employed. In New York the female department costs $29,500, and earns less than $5,000.

We feel compelled to say that the statement in the Annual Report of the Board, that in all probability no extensive repairs would be required for several years, was unadvised. On a thorough examination of the buildings we find the roofs, spouting and other portions in bad condition. In fact, the original construction was defective, and signs of delapidation are apparent in various parts which require immediate attention, or else will involve large future expenditures.

We would ask from the Legislature an appropriation of $5,000 for repairs for the current year, and if the members are not satisfied of its necessity we ask them that their Committee on Prisons may be instructed to make a personal examination; that body will of course feel it necessary to make the usual appropriation for unexpected contingencies, which, however, we hope we shall have no occasion to use.

We would again call attention to the fact that the number of prisoners in our charge is decreasing. We should be glad to record this fact if it were an evidence of a decrease of crime, but while our numbers are diminished far below the capacity of our prison and workshops, and is one cause of our failure to meet all our current expenses, the number of convicts in the Prison, North, is increasing beyond their means of profitable employment; this is a loss to the State, and can be easily remedied by again transferring Marion county to the South.

We also feel it to be our duty to call attention again to the absolute need of a library for the use of the convicts. We would not be importunate, but the honor of the State and the good of the prisoners are equally involved, and we feel that the matter should riot be delayed. The State can not expend a thousand dollars to abettor advantage.

All of which is respectfully submitted, W. W. CURRY,
F. M. MEREDITH Directors State Prison, South.

The House then adjourned.

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