THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
FRIDAY, February 14, 1873 o'clock, a.m.The President pro tem. (Hon. Geo. W. Friedley) took the chair.
On motion the reading of the journal was dispensed with.
On motion by Mr. Dittemore, the Senate proceeded to the consideration of Senate bills on the second reading.
On motion by Mr. Williams and Mr. Carnahan, the bills [S. 233] in relation to city aid to manufacturing companies, and the weight and measure bill [S. 285] were taken from the table and referred to the Judiciary Committee, the latter with instructions.
On motion by Mr. Beeson, the bill [S. 209] was taken from the table and referred to the Committee on Roads.
On motion by Mr. Boone, the bill [H. R. 114] was taken from the table and referred to the Judiciary Committee.
Mr. Beardsley introduced a bill [S. 318] for an act to make further provision for the care and treatment of the insane. [To provide for the speedy erection of the hospitals and of a female department as large as the present hospital, appropriating $500,000.] It was referred to the Committee on Benevolent Institutions.
Mr. Rhodes' bill [S. 218] to encourage the destruction of foxes, was read the second time and ordered to be engrossed for the third reading on to-morrow.
Mr. Steele's bill [S. 188] to enable executors and administrators to enforce partition of the real estate of the decedent, was read the second time and ordered to be engrossed.
Mr. Dittemore's bill [S. 173] to authorize school trustees of incorporated towns and cities to sell school property and dispose of the proceeds thereof, was read the second time and ordered to be engrossed.
Mr. Daggy's bill [S. 204] to amend section 15 of the officer's bond act of May 31, 1852, was read the second time. He asked and obtained consent to add an emergency clause. Ordered to be engrossed.
Mr. Smith's bill [S. 213] to amend section 16 of the act of May 6, 1852, concerning real property and the alienation thereof, was read the second time and ordered to be engrossed.
Mr. Boone's bill [S. 219] to authorize satisfaction of mortgages in certain cases - after the death of the wife or husband the other to enter satisfaction - was read the second time and ordered to be engrossed.
Mr. Friedley of Lawrence's bill [S. 223] to legalize certain acts of notaries public - after expiration of commissions - was read the second time and ordered to be engrossed.
Mr. Hubbard's bill [S. 156] to authorize cities constructing water works to issue bonds in aid thereof - by vote of two-thirds of the Common Council - was read the second time and ordered to be engrossed.
Mr. Steele presented a petition with 500 signatures in favor of the passage of the bill [S. 301] providing for aid to bridge and railroad companies by border cities and counties.
Mr. Gooding presented similar petitions.
They were placed on file with the bill [S. 301].Mr. Rhodes, from the Committee on Fees and Salaries, returned his bill, [S. 157] authorizing the purchase of stationery for county officers, with the amendment it was instructed by the Senate on yesterday to make, viz., providing for the quarterly publication of a condensed statement of stationery purchased for county officers.
The report was concurred in.
Mr. Rhodes explained that the bill was intended to throw guards around the purchase of stationery for counties, so there can be no fraud practiced.
Mr. Howard thought the bill ought not to pass. It goes upon the presumption that boards of commissioners are more honest or incorruptible than county officers, which was not generally the case, probably. Both plans have been tried in his county, and the present system was preferred. He cited further objections to the bill.
Mr. Neff insisted there was no reflection upon anybody in this bill; it simply provides guards for the county treasury.
Mr. Gregg knew of some abuses in this direction, and regarded it the duty of the Legislature to provide restrictions when there is any chance for the commission of fraud. He favored the passage of the bill.
Mr. Brown, with all due respect to the author, page: 163[View Page 163] thought the bill a piece of nonsense. It would furnish relief to nobody.
Mr. Rhodes suggested that Mr. Brown was laboring under a mistake. This bill casts no reflection upon any one. Its object is to break up secret arrangements between stationery men and county officers, by which the latter get from fifteen to twenty-five per cent. commission. It is our duty to prevent this species of rascality.
Mr. Williams looked upon the bill as also intended to restrain county officers from extravagence.
The bill passed the Senate by yeas, 27; nays, 14.
STATE UNIVERSITY.
Mr. Scott called up the special order, being the bill [H. R. 56] appropriating money, $15,000 annually to the State University and his bill [S. 155] amending the act erecting the State Normal School, the former bill being read the second time.
Mr. Daggy moved to amend by striking out the preamble.
Agreed to.
Mr. Hough moved to further amend section one by striking out the clause referring to the preamble and adding a clause repealing all acts inconsistent with this one.
Mr. Smith moved to reduce the sum from $15,000 to $5,000.
Mr. Cave moved to lay both amendments on the table.
Mr. Sleeth demanded a division of the question.
Mr. Scott understood that the tuition fund is now but $8,000.Mr. Hough thought the Legislature was appropriating money to these schools that ought to go into the common school fund.
The amendment to the amendment [Mr. Cave's] was laid on the table.
The amendment [Mr. Huohs'] was also laid on the table, by yeas, 25; nays, 18.
Mr. Scott moved to reconsider the vote by which the preamble was struck out.
Mr. Sleeth thought the fair way was to put all ihe appropriations together in one act, and he was opposed to restoring the preamble for an additional reason: this bill proposes $15,000, and there is $8,000 appropriated by a law in force now, making a total of $23,000 a year, which is too much.
Mr. Harney noticed in the State Auditor's report that $12,000 was paid to the State University in 1872, besides $7,500 for salaries, and what other funds that institution has does not appear. He thought this amendment would absolve the Legislature from any further sums, under the constitutional provision.
Mr. Glessner favored the passage of the bill as it came from the House without amendment.
Mr. Scott stated that this institution has a fund of $7,500 each year interest derived from the sales of land given by Congress. In 1867 there was an appropriation made of $8,000 annually. This State University was the pride of Indiana, and he regretted to see a disposition to cut down its tuition fund.
Mr. Steele regarded this as an institution erected for the education of all classes of the people of the State - free as far as tuition is concerned. Is it proper the State should foster such an institution? The Senate should not be parsimonious in this matter.
Mr. Thompson was in favor of making the Normal School the capstone of the educational system of Indiana. He should vote for this bill to-day, but, if here at an ensuing session, before casting such another vote he must see a clear statement of its financial affairs.
Mr. Brown, as one reason which influenced his favorable vote, mentioned the fact that tuition in this institution is free. He desired to see the common school system made as perfect as possible, and then the children of this State stepping into the State University where they maybe prepared for the duties of life without cost for tuition.
Mr. Williams explained that at an early day the general government gave a township of land to the University at Vincennes. Some years after the Legislature proceeded to build a university at Bloomington, and sold the land, using the proceeds for that purpose. In 1843 the Legislature authorized the Vincennes University to sue for its recovery, and the suit resulted in a verdict of $70,000 for the Vincennes University. Congress then made a donation of a township of land to the Bloomington University. In 1855 the State stepped in and assumed the $70,000 due to the Vincennes University, issuing bonds therefor, the last of which were paid within the past year. Since 1867 there has been an annual appropriation made of $8,000 to this State University.
Mr. Hough thought we ought not to appropriate moneys which should go into the common school fund for the benefit of a fewthe rich men of the State. Sixty-two students of that 358 are residents of Bloomington; 96 are being taught medicine, and 31 law, which leaves 164 others - an average of 1 8-10 for each county.
When he concluded, the Senate took a recess till two o'clock.
AFTERNOON SESSION.
Mr. Wadge asked and obtained leave of absence for the Committee on State Prisons for to-morrow - yeas, 24; nays, 16.
The Senate resumed the consideration of the bill [H. R. 56] pending at the time of taking the recess.
Mr. Friedley, of Lawrence, hoped the motion to reinstate the preamble would prevail; and he replied to objections raised against the bill. The University was first organized in 1828, and the whole cost to the State up to this present time including a period of forty-four years, has been only some $60,000. The people of Bloomington appreciate the advantages they enjoy in having the University located there. When it burned down some years ago they put their hands in their pockets and paid about one-half of the cost of erecting the buildings which belong to the State. Many people from different parts of the Slate remove there with their families in order that they may educate their children at the University. The number of students is constantly augmenting, and it is for the Legislature to say whether the means of education in the State University shall be increased in proportion to the demand. It is said there are annually leaving this State, for the purpose of obtaining an education elsewhere, from 1,000 to 1,200 of the young men of the State, and this would not be the case if you would make the State University as good a school as it should be. He combatted the idea that this is an institution for the sons of rich men only. It is for the poor and the rich - equally open to all classes, and three-fourths or more of those in attendance are probably the children of poor men. He hoped members would not be led away by the cry that this is a local institution, when, in fact, it is an institution for the people of the whole State.
Mr. Hough believed it the duty of the State to educate every boy and girl in its limits, and while a warm advocate of our common school system, he was willing to increase the yearly appropriation to the Bloomington University from $8,000 to $15,000, which was an earnest of his friendliness to that institution, also.
Mr. Collett demanded the previous question, which was seconded by the Senate.
The motion to reinstate the preamble wan then agreed to, by yeas 30, nays 15.On motion by Mr. Brown, the motion to strike out the preamble was laid on the table.
Mr. Hough moved to amend the bill by reducing the sum from fifteen to ten thousand dollars.
page: 164[View Page 164]On motion of Mr. Bunyen it was laid on the table. Yeas, 25; nays, 18.
Mr. Williams moved to recommit the bill to the Committee on Education, with instructions to report a bill charging a tuition fee of not less than fifty dollars annually for each student.
On motion of Mr. Brown it was laid on the table by - yeas, 25; nays, 18.
Mr. Scott moved to pass the bill to the third reading, and make it the special order for Tuesday at half-past ten o'clock, and upon that motion he demanded the previous question.
The demand was seconded and the motion was agreed to.
Mr. Scott's bill [S. 153] to amend the act creating the State Normal School, being the other part of this special order, was then read the second time. It appropriates $3,200 as a deficit, and $2,000 a year for running expenses, and creates what is to be known as the Normal School fund of $7,500 semi-annually.
Mr. Scott explained that the amounts proposed to be appropriated were absolutely necessary, and that the moneys for the tuition fund came out of the common school fund, and not directly from the State treasury.
The bill was ordered to be engrossed.
On motion by Mr. Scott it was also made a special order for Tuesday, at half past ten o'clock.
SENATE BULLS ON THE SECOND READING.
Mr. Hubbard's bill [S. 276] supplemental to the act of June 16, 1852, establishing public libraries and repealing section 13 of said act, was read the second time and ordered to be engrossed.
Mr. Gregg's bill [S. 35] having been heretofore read the second time was ordered to be engrossed.
Mr. Steele's bill [S. 143] to restrain all persons from hiring minors to make or assist in making, or sell or give away, any spirituous or intoxicating liquor, was read the second time and ordered to be engrossed.
Mr. Gregg's bill [S. 169] authorizing the organisation of voluntary associations and prescribing their powers and duties, was read the second time and ordered to be engrossed.
Mr. Scott's bill [S. 187] to amend an act for the regulation of weights and measures - raising corn in the ear from sixty-eight to seventy pounds to the bushel - was read the second time.
Mr. Carnahan said that sixty-eight pounds of dry merchanable corn on the cob will shell out fifty-six pounds to the bushel, and why merchants wish to take seventy pounds off the farmer he could not conceive, because it is not honest and it is not right.
Mr. Wintherbotham thought it made but little difference whether sixty-eight or seventy pounds to a bushel is required. It is not a matter of much difference because the weight regulates the price. He preferred seventy pounds, in order that there may be a uniformity in this matter with adjoining States.
Mr. Carnahan moved to amend the bill by substituting "sixty-eight" for "seventy" pounds to the bushel.
Mr. Gregg favored the amendment.
Mr. Beeson, with his experience as a farmer, thought no Legislature could make the thing right. Where you can get one crop that will shell out fifty-six pounds for seventy pounds in the cob, you will get nine crops that will not; and no better rule can be established for a bushel of corn on the cob than to make it ninety pounds.
Mr. Collett has also had experience in corn raising, and it is, that sixty-eight pounds is enough, and plenty. In his section it will overrun enough to pay for shelling.
The amendment was agreed to by yeas, 25; nays, 11.
The bill, as amended, was ordered to be engrossed.
Mr. Orr's bill [S. 193] supplemental to the plank McAdam and gravel road law of May 12, 1852, was read the second time, and ordered to be engrossed.
Mr. Dittemore's bill [S. 198] to provide for the organization of an experimental school for the education and care of idiotic and feeble minded children, was read the second time. [It is described in these reports on the 15th of January, when it was introduced].
On his motion - yeas 34, nays 2 - the constitutional restriction was dispensed with, the bill read the third time and passed the Senate by yeas 34, nays 5.
Mr. Friedley, of Lawrence, offered a resolution requesting the Governor to return to the Senate the bill [H. R. 71] with relation to bridges, etc., for amendment.
On motion by Mr. Hall, the bill,when returned, is to be referred to a select committee of five, which he named.
On motion by Mr. Steele, his bill [S. 301] providing for the incorporation of companies formed for the construction of bridges across any rivers or streams in the State of Indiana or bordering thereon, was read the second time and ordered to be engrossed.
Mr. Steele made an ineffectual motion, two-thirds not voting in the affirmative - yeas 33, noes 4 - for a suspension of the constitutional provision, that the bill may be pressed to its passage now.
The bill was ordered to be engrossed.
On motion of Mr. Scott, the bill S. 95 was taken from the table and placed on the files.
Mr. Hubbard, from the Committee on Corporations, returned the bill [H. R. 138] to authorize towns to issue bonds to complete or build school houses, and, in compliance with instructions, reported amendments.
The report was concurred in.
The Senate then adjourned till half-past nine o'clock to-morrow.
