HOUSE OF REPRESENTATIVES.
MORNING SESSION.
FRIDAY, January 31, 1873On motion of Mr. Kimball, the bill [H. R. 372] to amend the act of January 21, 1873, appropriating $125,000 for the legislative expenses of this session (the object being to insert Secretary, Treasurer and Auditor of State where the word librarian occurs) was taken up, and finally passed the House of Representatives yeas 73, nays 0.
On motion of Mr. Butts, the vote by which his temperance bill was defeated was reconsidered, and referred to theCommittee on Temperance.
REPORTS FROM COMMITTEES.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Shirley's bill [H. R. 339] defining certain felonies, and providing punishment therefor, with amendments, (clerical) striking out "14" and inserting "5" in lieu, and striking out section 2, and so amended, the committee recommended the passage of the bill. The amendments were adopted, and the bill ordered to the engrossment. He also returned the railroad bills of Mr. Offutt, [H. R. 158] by Mr, Branham, [H. R. 174] and the bill [S. 115], recommending that they be laid on the table, as their subject matter is all embraced in bill [S. 6] recommended by this committee.
Mr. Branham asked that the Senate bill No. 115 be excepted from the report, and that it he made the special order with other railroad bills for Tuesday.
The Speaker. When they shall be laid on the table you can make your motion. Mr. B. acquiesced, and the report was concurred in.
page: 105[View Page 105]On motion of Mr. Mellett, Mr. Offutt's railroad bill [H. R. 158] was taken up, ordered to be printed and made the special order for Tuesday.
On motion of Mr. Branham the railroad bill [S. 115] was taken up and ordered to be printed and made the special order for Tuesday, two o'clock P.M.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Smith's bill [H. R. 384] to repeal section 224 of the practice act of of June 18, 1862, and declaring an emergency, recommending its passage; and it was ordered to be engrossed.
Mr. Johnson returned Mr. Butts' bill [H. R. 368], to punish interference with any contract for labor, etc., recommending that it be laid on the table. Also Mr. King's bill [H. R. 405], supplemental to the act to establish the Superior Court, recommending that it be indefinitely postponed. And Mr. Miller returned Mr. Gregory's bill [H. R. 392], to amend section 7 of the act for the settlement of decedent estates, recommending its indefinite postponement. These reports were severally concurred in.
Mr. Riggs, from the Committee on Claims, returned the claim of Captain John H. Smith's company of light horse guards for guard duty in September, 1862, recommending that the same be not allowed, which was concurred in.
Mr. Hedrick, from the Committee on Rights and Privileges, returned Mr. King's bill [H. R. 376], correcting and repealing conflicting laws, with an amendment striking out the words, "outside of the corporate limits of any city or town organized under the lawn of this State," and so amended, the committee recommended the passage of the bill. The amendment was adopted, and so the bill was ordered to the engrossment.
STATE GEOLOGIST - SURVEYS.
Mr. Thayer, from the Committee on Manufacturing and Commerce, returned his bill [H. R. 303] to amend sections 6 and 7of the act to provide for geological surveys - for the collection and preservation of geological and mineralogical cabinets, ets., (proposing the appropriation of 810,000 lor the State Geologist arid for those other purposes,) recommending its passagethe bill being on its second reading, it was read.
Mr. Butterworth. I think this bill will bear discussion. The State has been appropriating $5,000 annually for geological surveys and those purposes; and we all know the State han obtained very respectable surveys and reports. Now it is proposed to double the amount of that appropriation - and the question is, should we do it? No man can speak in higher terms of commendation of the State Geologist than I would be willing to speak and to endorse; and I confess that his salary ought to be increased. But excepting a few counties west, the State has little interest in these geological surveys. The counties east and north have no great interest in them. I move therefore to amend the bill by striking out $10,000 and inserting $6,000 in its place.
Mr. Baker opposed the amendment.
Mr. Furnas showed that by increasing the amount of taxable property in the State, these geological surveys have been the occasion of bringing in an increase of the taxes collected to the amount of $60,000; and when gentlemen consider this augmentation of the taxes, they can not fail to be interested in this work. Now, sir, if you take away that appropriation, you will cripple these surveys. I consider this one of the best investments the State has ever made. Hitherto the Geologist's pay has been but a nominal thing, and now we propose to pay him for what he has done, and for continuing the work. The bill should pass without amendment.
Mr. Brett was opposed to any increase of the appropriation for these surveys. I am from one of the counties supposed to be interested in them, and I think more has been developed there by practical men in the mines, without costing the State a single dollar, than has been developed by all the geologists put together. It has been the work of practical men. I do not underrate the Geologist, but I do oppose the raising of the taxes for salaries and other public expenses; and unless we put our foot on this thing, the people of the State will be ground to the earth by taxation. I am willing that these officers should be paid a reasonable amount, but I very much doubt the propriety of raising the Geologists salary, or continuing this annual appropriation. l am opposed to the appropriation recommended by the committee. I know their recommendations are honestly made; but they hear ex parte statements only - statements on one side of the question. But gentlemen ought to bear in mind the greatly increased expenses that are to come upon the people during the next two years; and for that reason, if for no other, I am opposed to the increase of expenses at the present time in this direction.
Mr. Woodard. It is a matter of economy to increase this appropriation. The Geologist has brought in the taxes to an amount more than ten-fold of the amount of his compensation. Other States pay more for this work than we do. The representatives of the people ought to be liberal in this direction, for the further development of our mineral resources.
Mr. Furnas spoke as having some little familiarity with the office of State Geologist; and to those who visit his office it is not an unusual thing for the Doctor to introduce capitalists from Europe, representing hundreds of thousands of dollars. These capitalists are calling on him almost every day looking for information as to the character of our coal mines, asking for reports on that subject. It seems to me that the gentleman from Daviess (Mr. Brett) can not have informed himself as to this, and I am obliged to say that his practical men down there have done almost nothing for the development of the mining interests in comparison with what these surveys have done. There is not a capitalist that does not consult the State Geologist before making his investments in the mines.
Mr. Mellett. It has been but a few hours since a bill was voted down here for taxing the entire State for school funds, because the House preferred that the people should be taxed locally. Now, it does appear to me that this appropriation is more local in its operation than any proposition can be for the advancement of our system of common schools. It is a fact that our geological developments have been a great source of public benefit - no one will question thatno one will question that Prof. Cox deserves great credit for his labors in this service. But the benefits of it have been received and enjoyed in a special manner by particular localities in the State. The wealth and business of the city of Indianapolis, and of the coal regions, have been benefited by his labors more than all other sections of the State. And as to his compensation, I am aware that he has received, besides what he gets from the State, substantial testimonials for his successful labors and researches in the mines. I am informed that his salary is now $1,000 more than State pays him - paid to him by the miners and others in that interest. There is nothing wrong in this; and I mention it because I have no doubt in the world that this great interest will take care of him.
Mr. Butterworth now withdrew his former motion and submitted this amendment in lieu. Strike out $10,000 and insert $6,000; strike out $3,000 and insert $2,500.
Mr. Reed. I hope this amendment will not prevail. I happen to represent a portion of the State largely interested in these surveys, and in the developments that have been made under the direction of this officer. I think that regard- page: 106[View Page 106] less of every local consideration, the State should place this officer upon a footing that will enable him to carry out the work that has been so prosperously begun. I remember some of the results growing out of his investigations. The very first thing that brought the attention of capitalists to the southern end of the State grew out of these geological reports; and I think I am justified in saying that more than a million of dollars have been thrown into the southern portion of the State in this way. Four years ago this idea of our mineral wealth was thought to be visionary - it was then when Prof. Cox came into our county and found not only coal of a very fine quality, but iron also; and to-day we have an iron furnace in our county in successful operation. I was a little surprised at the position taken by the gentleman from Daviess, (Mr. Bretl) for we all know that these iron manufacturing interests were almost without experiment amongst us up to the time of the commencement of these scientific investigations. Gentlemen may talk about the value of the efforts of practical men - they are well enough in their places, but the benefits of their labors are not scattered broad cast over the world. They do not carry with them the force of scientific investigations made by competent men - men who are known all over the country as skillful and learned, and knowing whereof they speak.
Mr. Butterworth's amendment was adopted on a division - affirmative 33, negative 24 - and the question recurred on the engrossment.
Mr. Mellett proposed to amend the bill so as to make the annual appropriation $6,000, and the salary $3,000.
Mr. North did not think the amendment should prevail.
Mr. Kimball understood that the appropriation of $10,000 in this bill covers all expenses for geologist and surveys, and the gentleman's amendment, therefore, reduces the amount only $1,000. If this service is worth $9,000, it is worth $10,000. There is no man but knows that every relation in business life has been benefited more than live times that amount by the Geologist every year of his service. Gentlemen may say that this work has been helped forward by the miners - which is very true - but until these resources were developed by the investigations of the State Geologist, this additional capital did not come into the State. If gentlemen are in earnest about legislating for the best interests of the State, let them do something that will bring results, and not waste time here in debate day after day, and when we come to any real practical matter vote it down. I think the people will condemn the man that stands in the way of such an effort as this to develop the State's resources. I will not detain the House by going into details of a matter so well known as the fact that the great interests of the State have been developed more by the work of the State Geologist than by that of any other man.
Mr. Butterworth was sorry to differ from the honorable gentleman, who speaks with so much energy about the people condemning us; but the facts remain that this Legislature, has done too much in the way of extravagance by following in the lead of the gentleman from Marion. This appropriation is not for one year, it is an annual appropriation. We should remember, sir, that we are living in the times of a fluctuating currency - think of $800,000,000 of currency worth eighty cents on the dollar. We will have to come down to something better than that. I might be willing to make salary $3,000, for Prof. Cox has done well, but I will not say he has done all that has been done for the State. This matter is the outgrowth of the times. It would have been about as it is if the State had been without the geologists. There is a good deal of humbug about these geologists. Sir, what miner, what citizen has a particle interest in that map? [he held a map in his hand]; yet there are thousands or these maps published at the expense of the State. I insist that $3,000 is perhaps more than we ought to give to the geologist; and that would afford him ample means to do even a greater amount of work than he has done in years past. And I know, and God knows (two good witnesses are enough to establish the fact,) that the geologist has done enough to justify our expectations.
Mr. Kimball. The gentleman charges me with being in the lead as to the expenditure of the public money. If that is so I am proud of it, for there has not been an appropriation made by this legislature that will not result in the general good. Economy is econony; and in order to be benefited by economy we should economize in the right direction. The gentleman holds up a map here, and objects to its cost, and says we are not legislating here for Indianapolis and the men in the coal mines, but for the State of Indiana. Now, although that map may not benefit the gentleman from St. Joseph county, and others with him on the northern border of the State; yet that map, sir, shows to the world that here, in the State of Indiana, are these great mineral deposits; and without it foreign capitalists would not know, perhaps, where to go to invest their money in those manufactories that are growing up and should be fostered by the State; and as the waves of the waters are supplied by the ripplings from the rocks, so will these great resources of wealth reach even to St. Joseph county and every other part of the State.
Mr. Johnson concurred in the remark of the gentleman from St. Joseph about the inadequate pay of educators in the schools, who work as hard as the geologist, with $1,000 to $1,500 a year compensation. The Judges, many of them, for $1,500 a year. The Judges of the Circuit Court for $2,000 a year. The Judges of the Supreme Court, working all the time, with a salary of $5,000. And it has been only within a few weeks that the Governor of the State has been receiving more than that. Now, while we would do justice to the good man, we ought not to be unjust to others. If we raise the salary of the Geologist to $3,600, the Judges of the Supreme Court ought to have $6,000, and the Judges of the Circuit Courts ought to hove $3,600, as well as the Geologist. I have nothing to say against the gentleman who fills the place of State Geologist. But it has been well said that this State must raise an enormous sum of money in the next two years. There is no question that we can secure these services of the geologist at less cost than three thousand dollars. It would be unjust toward other men to. put this salary at $3,000. While we undertake to do justly let us do even handed justice. My own impression is that $2,500 for this place would be about equal, but I will go as far as $3,000, if that should be the pleasure of the House. But if we put it at $2,500 I think the present officer would be satisfied.
Mr. King moved ineffectually to lay the amendment on the table - yeas 34, nays 49.
Mr. Gregory proposed to amend the amendment so as to make the geologist's salary $2,500.
Mr. Branham. I think it is evident to all by this time, that this matter has been sprung upon the House at this time unawares. I am satisfied gentlemen have not sufficiently considered the matter, to determine what ought to be the salary of the Geologist. I am willing to vote for a reasonable amount for this purpose, but not so as to be unjust to other officers of the State. I am in favor of giving every officer of the State a fair salary. Therefore, for the purpose of giving us time to think over it, and agree upon something that will be just and satisfactory, I move to lay the bill and pending amendment on the table.
The motion was agreed to, and then on the mo- page: 107[View Page 107] tion of Mr. Furnas, the further consideration of the subject was made the special order for Wednesday morning, at ten o'clock.
Mr. Cole from the Committee on County and Township Business, returned Mr. Scott's bill [H. R. 353] to prohibit township trustees from levying road tax on townspeople, recommending its passage, which was concurred in.
Mr. Thompson, of Elkhart, from the same committee, returned Mr. Shirley's bill [H. R. 246] to amend section 230 of the assessment act of last session, with amendment by substitute, viz: a bill [H. R. 418] to amend section 270 of the act to provide for a uniform assessment, etc., approved December 21, 1872 (requiring the newly appointed assessors to appoint deputies from the qualified assessors elected in 1872, who shall give bonds,etc.; the assessors to receive $4 a day, and the deputies $3), which was passed to the second reading and referred back to the committee.
Mr. Claypool, from the same committee, returned Mr. Satterwhite's bill [H. R. 348] to prohibit townships from taxing incorporated townspeople of 1,000 inhabitants, etc., recommending that it be laid on the table. It was concurred in.
Mr. Coffman, from the same committee, returned Mr. Furnas' bill [H, R. 412] to authorize county boards to purchase and make gravel roads free to travel, recommending its passage. Mr. Prentiss returned the bill [S. 24] fixing the time of supervisors' reports to the township trustees. The former bill was ordered to the engrossment, and the latter to the third reading.
Mr. Furnas, from the Committee on Agriculture, returned Mr. Hatch's felony of timber and stone bill [H. R. 191] with an amendment, under instructions of the House, so as to make it a "trespass."
Mr. Furnas and Mr. Hatch considered that the bill is destroyed by the amendment, and on their motion the report was laid on the table and the bill was ordered to be engrossed.
Mr. Gifford, from the Committee on Cities and Towns, returned Mr. Scott's bill [H. R. 272], to regulate the sale of mineral oils, recommending its indefinite postponement. The report was concurred in.
Mr. Gregory submitted a resolution, that all Common Pleas Judges and other parties who wish to influence legislation, have the freedom of the hall for the purpose of interviewing members and teaching them how to vote.
The Speaker. It can not be entertained - and the Speaker then took up the call by counties for
NEW PROPOSITIONS.
Mr. Martin introduced a bill [H. R. 419] to amend section fifty-eight (chap. I.) of the act to provide for the election and qualification of justices of the peace, approved June 9, 1852, and to amend sections six and seven of the act of May 25,1852 (regulating justices' time for consideration, within seven days, and as to the prisoner's election of trial by jury or by the justice, and as to the justice's control over the prisoner if he does not like the verdict.
Mr. Anderson introduced a bill [H. R. 420] to abolish the grand jury system.
Mr. Given introduced a bill [H. R. 421] fixing the times of the terms of the Circuit Court in Dearborn county (fourth Mondays of February and August - to sit eight weeks); also, a bill [H. R. 422] fixing the times of the terms of the Court of Common Pleas in Dearborn county (third Monday of January - sit four weeks; last Mondays of April and October = sit six weeks.)
Mr. Claypool presented a petition for temperance.
Mr. Clark submitted a concurrent resolution, which was adopted, on the part of the House of Representatives, for commending the Indian policy of the President of the United States.
Mr. Kirkpatrick introduced a bill [H. R. 423] in relation to the loaning and securing of the common school funds of the State, and fixing the rate of interest on the same (from and after June 1878, eight per cent.)
Mr. Cauthorn introduced a bill [H. R. 424] to amend the 120th section of the practice act in criminal actions of June 17,1852 (in regard to bills of exception). Judiciary.
Mr. Edwards, of Lawrence, introduced a bill [H. R. 425] to regulate the sale of intoxicating liquors by druggists, (shall not sell except on prescription of a practicing physicianfine $5 $50). Temperance.
Mr. Wynn introduced a bill [H. R. 426] to provide for organizing street railroads, to extend beyond the city or town boundary, and to use land for the benefit of said roads; [not more than six miles out, may assess for benefits within 700 feet within the city, and within a half mile without.] Railroads.
On motion of Mr. Kimball, his bill, No. 67, was taken up and referred to a special committee Messrs. Kimball, Pfrimmer, Given, Wilson, of Ripley.
Mr. Johnson introduced a bill [H. R. 427] to amend the act defining misdemeanors and prescribing punishments (any person who shall by trespass enter upon any vacant house, upon conviction shall be deemed guilty of a misdemeanor and fined at discretion not exceeding $500). Judiciary. Also a bill [428] to allow the endowment of orphan asylums (endowment of blank amount exempt from taxation, provided such exemption shall not exclude assessments for street and other municipal improvements). Benevolent Institutions.
Mr. King introduced a bill [H. R. 429] concerning grain elevators and receipts issued by such corporations, (shall not receipt for grain unless in possession of said company - receipts negotiable.) Agriculture.
Mr. Billings presented the petition of ladies for the speedy completion of the Reformatory for Women and Girls, and for a law making the keeping of and being in a house of prostitution a penal offense. Reformatory Institutions.
Mr. Peed introduced a bill [H. R. 530] to amend sections 5 and 6 of the act of May 21,1852, to authorize boards doing county business to declare water courses navigable. (The amendment proposes to admit of appropriations, not to exceed $800, for such road improvements, and to require the supervisors to call out the road workers thereon, not to exceed six days' work, extra.) County and Township Business.
Also a bill [H. R. 431] to amend section 24 of the act regulating descents and the apportionment of estates, approved May 4,1852. (If the husband die leaving two children, his property to be equally divided between the widow and children - if more than two children, the widow one-third, etc.) Judiciary.
On motion of Mr. Reeves, the bill [S. 168] was taken up and referred to the Committee on Ways and Means.
Mr. Shirley introduced a bill [H. R. 432] to amend section 16 of the act of March 14, 1861, concerning promissory notes, bills of exchange, and other instruments of writing promising, etc., and repealing conflicting laws; (regulating actions, and wkere there are more than one maker or acceptor, etc.) Judiciary.
Also a bill [H. R. 433] relating to interest: (on the loan of money, on accounts due, on money due and withheld, eight per cent and no greater rate of interest, directly or indirectly, except it may be taken in advance by agreement. This act not to affect the public funds.) Banks.
Mr. Shirley, by unanimous consent, returned from the Committee on County and Townsnip Business the committee bill [H. R. 418], to amend section 270 of the assessment act of December, 1872, recommending its passage. He stated its object as heretofore described in this day's proceedings, and moved ineffectually for a suspension of the constitutional restrictions to advance page: 108[View Page 108] the bill. So it was passed to the second reading.
Mr. Tulley submitted a joint resolution instructing Indiana Congressmen for the passage or a bill pending in the Senate of the United States, to shorten the term of military service now prescribed by law to enable soldiers of the war of 1812 to draw pension. (The said bill proposes to shorten the time of military service required from 60 to 14 days.)
The first resolution was passed on the part of the House of Representatives - yeas, 70; nays, 0.
On motion of Mr. Thayer it was ordered that when the House adjourns to-day it shall be till to-morrow morning, half past nine o'clock
Adjourned.
