HOUSE OF REPRESENTATIVES.
FRIDAY, Feburuary 28, 1873.On motion of Mr. Rudder the bill [S. 50] to correct and define more correctly the boundary line between the counties of Washington and Clark, and declaring an emergency, approved June 7, 1852, was taken up and read the second time, and on his further motion (the constitutional rule having been suspended for the purpose) the bill was read the third time and finally passed the House of Representativesyeas, 80, nays none.
ASYLUM FOR THE INSANE.
Mr. Branham obtained leave to return from the Committee on Benevolent Institutions, his bill [H. R 508] to make further provisions for the care and treatment of the insane of the State, with Amendments: in section one so as to make the location north of the parallel of Indianapolis; in section 5 the word "donations" be stricken out. And further amend so as to read: "Not less than eighty or more than 160 acres." All salaries to be approved by the Board of Control; all expenditures of the institution to be under the supervision of the Board of Control of the Auditor, Secretary and Treasurer of State: and it appropriates $50,000 for the year ending October, '73, and $350,000 for the year ending October, '74not to be drawn without the advice and concurrence of the Governor. The yearly allowance of the (two) commissioners shall be the same with the commissioners for the Hospital for the Insane.
Mr. Furnas opposed the proposition. It would be more expensive to have two sets of officers.
Mr. Heller. The two sets of officials would not amount to so much as the expenses of patients' travel back and forth to the more distant hospital.
Mr. Branham. The committee have already reported for the enlargement of the Insane Hospital here to the extreme limit to which it can be economically done. The committee also weighed carefully the question of location. The provisions of the bill leave it with the officers to make the location untrammeled, except that it shall go north of Indianapolis. It is due to the people of the State that these institutions which absorb so much revenue should be distributed for the convenience of the people. There was another matter that had weight with the committee. It is certain that 75 per cent. of the entire revenue of the State is expended in Marion county, and certainly no more than that should be put in here, unless the public necessity requires it, for such a course would make it sometimes, perhaps, difficult to obtain the requisite appropriations for the benevolent institutions. Then the statistics show that the care of the insane is proportionately greater in the northern part of the State.
Mr. Butterworth advocated the northern location, for convenience and economy of the going and coming of patients and their friends.
Mr. Cobb. We have more people, and we pay more taxes and fines in the north than any other part of the State.
Mr. Givan. Does the payment of taxes make people crazy?
Mr. Branham. I think so; if you keep on at this rate.
The amendments reported were then adopted, and the bill, as amended, was ordered to the engrossment.
THE JUDICIAL SYSTEM.
Mr. Woollen (by leave) from the Joint Select Committee thereon, returned the bill [S. 238] to divide the State into circuits for judicial purposes, to abolish the Common Pleas Courts and the office of District Attorney, to provide for the transfer of business to the Circuit Courts, etc., with sundry amendments, making charges as to the courts in Rush and Decatur, Hamilton and Madison, Henry and Hancock, Delaware and Randolph, Wells, Adams and Jay, etc., etc., etc., were adopted.
On motion of Mr. Ogden, the 14th and 20th sections were amended so as to connect the county of Hendricks with'the county of Marion.
Mr. Edwards, of Vigo, (Mr. Walker in the chair) submitted a motion to amend further by striking from the 14th section the words, "and Sullivan," so as to give to Vigo county a separate circuit. The county of Vigo is one of the largest counties in the State, and ought to be a separate circuit as much as the county of Wayne; and besides this, the people in Wayne are peaceable, requiring little or no litigation, while we in Vigo are a business people and have litigations.
On motion of Mr. Gregory, the proposed amendment was laid on the table.
Mr. Gronendyke also made an ineffectual motion to amend in sections 22, 31, 32, 67 and 68 so as to change the circuits for the counties of Warren, Parke, etc.
On motion of Mr. Woollen, it was ordered that the amendments be considered as engrossed,and the bill as amended, he read the third time now.
Mr. Heller. Mr. Speaker: If ever the old adage that politics makes strange bed fellows was verified it is now by the supporters of this bill. At the last session there was an apportionment bill passed here, and those who acted with me signed a protest against it as a fraud on the people. But now I find men on my side joining the opposition and proposing to commit a fraud upon the people ten times more damnable than that. This bill proposes to legislate over thirty of the best men in the State out of office, and leaves them ineligible for four years to any other office from the time of their election. Gentlemen may put that in their pipes and smoke it. That is one of the bad features in this bill, that we have no right to enact under the Constitution. We have been perfecting our present judicial system for the past twenty years, and it is proposed by this enactment to strike down the whole system and begin anew in an untried field. When perhaps in less than ten years we will adopt a new Constitution, then all this will go for nothing. The manner in which gentlemen electioneer for this bill is carious in the extreme. When any one tells the gentleman from Knox [Mr. Cauthorn] that he does not intend to vote for the bill, he indignantly gets up and makes right off on his ear like a mad steer going through a cornfield, ribs distended, back bowed up and the tuft on his tall sailing higher than the corn tassels. [Laughter.]
I know the gentleman from Johnson [Mr.Woollen] denies many things that the bill proposes, but he will find as he goes round pulling wool for shoe - thread in the way he does that he will come out with much more wool than thread. And one gentleman reminds me of a whiffet who rushes out through the fence in front of a farm house and pulls a few threads from the legs of the travelers breeches and thus excites Bull and Touser to the attack, whips back again through the pailing barks and scratches sand and gravelwell just thinks he has done it. [Great laughter.] We are only a match for them in one thing, they have the Delaware Chief; we, to balance accounts, can glory in the thought that the Wabash giant [Mr. Cowgill] is on our side. Why sir, the first thing we know the gentleman from Wayne [Mr. Walker] will lift the curtain from his marble brow, throw out his enormous wings and soar to the clouds, from whence he will drive his thunderbolts through this hall, spit his liquid fire all over us, then deftly snatch a varigated ribbon from the rainbow kindly condescend to descend to mother earth and wrapped in the glory of his own feelings assist the unharmed in caring for his dead and dying. [Voices: "Louder," "louder!" with laughter.] The people of the State can not afford the ex page: 217[View Page 217] pense that will be involved by this measure. In Allen county we have three Courts and they are all behind; abolish one and where will we be? We have 60 or 70 lawyers, and but two of them so far as I know are in favor of this bill. Therefore I do protest against its passage. It leaves the way open for four grand juries every Circuit Court can call a grand jury. I know that the gentleman from Johnson denies this, but it is only for the purpose of pulling wool over our eyes.
This is one of the force puts which I claim is no put at all. And the friends of the bill are all the time demanding the previous question. They are afraid to let the discussion of it go to the people, and it is only by my stubborn persistance that I now have the floor. We have here plenty of Senators and Representatives who desire to be judges and are bound to pass this bill, notwithstanding the difference in some of the districts in population is at least 40,000. What can there be in such a measure that is honest and just? The proposition is to increase the salaries to $3,000 for thirty-eight judges that will amount to $114,000. At the next regular session they expect to come here and double the number which will make 76 in all increasing the expense to 228,000. So it is plain to be seen that this is but the entering wedge and what will follow remains to be seen.
Mr. Willard demanded the previous question, and under its pressure, the bill as amended was finally passed the House of Representatives yeas 51, nays 37.
REVENUE BILL.
Mr. Kimball, from the Committee on Ways And Means, reported a bill [H. R. 530] to raise revenue for State purposes for the years 1873 and 1874, (taxation twenty cents on the $100 for 1873 and fifteen cents for 1874, and fifty cents poll,) which was passed to the second reading and referred back to the Committee on Ways and Means.
He also returned Mr. Pfrimmer's bill [H. R. 67] to make an appropriation ($413,599 48) to pay the claims of sufferers by the Morgan raid, with amendments, in three equal annual installments without interest.
Mr. Lenfesty moved ineffectually for the indefinite postponement of the bill; and after discussion by Messrs. Lenfesty and Gifford in opposition, and Mr. Kimball in reply and supporting the bill, the amendments were adopted, and the bill was ordered to the engrossment.
Mr. Kimball, from the Committee on Ways and Means, also reported a bill [H. R. 531] making general appropriations for the years 1873 and 1874(for State officers, Supreme Court judges, &c.), which was passed to the second reading and referred back to the committee.
The House then took the recess till two o'clock P. M.
AFTERNOON SESSION.
On motion of Mr. Givan, the bill [S. 24] for the relief of Nicholas Moreback, Joseph C. Langand Francis Joseph Witzler (for the repayment of stolen school funds) was taken up and (under a suspension of the the constitutional rule) it was finally passed the House of Representatives yeas 73, nays 3.
VIENNA EXPOSITION.
On motion of Mr. Cauthorn, the bill [S. 310] for the collection of agricultural, geological, chemical and mechanical products of Indiana, and their display at the Vienna Exposition, and for the appointment of a commissioner (the State Geologist) and assistant commissioners (appropriating $6,000 for that purpose) was taken up, and under a suspension of the constitutional restriction, it was carried through the three readings and finally passed the House of Representatives - yeas 79, nays 2.
STATE HOUSE ESTIMATES.
On motion of Mr. Branham, the Senate amendments to his concurrent resolution of yesterday, viz: requiring said joint committee to report their bill to this General Assembly, and at this session, were taken up and concurred in; whereupon the Speaker appointed said committee on the part of the House of Representatives, viz: Messrs. Branham, Brett, Baxter, and Glazebrook.
THE PUBLIC PRINTING.
The Speaker now took up the special order, viz: the consideration of the committee bill [H. R. 526] to provide for the public printing and binding, with majority and minority reports thereon from the ,Special Committee on Printing, heretofore described in these reports. The question being on the adoption of the minority as an amendment to the majority report -
Mr. Woollen stated some of the provisions of the bill as reported by the minority. The majority and minority have reported for the contract system; the minority report a bill after the Ohio public printing law, matured and perfected in the experience of twenty-five years.
Mr. Hardesty supported the bill reported by the majority of the committee, and stated amongst the advantages over the proposition of the minority that it contains in section seven a provision that the State shall not be a party in any purchase of paper, type, ink, or other material used in such work.
Mr. Walker briefly advocated the bill of the majority on account of its brevity, the fact that it is recommended by men practical in the printing business, and the advantages alleged by Mr. Hardesty.
Mr. Shirley spoke for the minority bill and insisted that the majority bill does not sufficiently invite competition among the bidders; it does not let the work to the lowest bidder.
Mr. Wilson, of Ripley, defended the provisions of the majority bill.
Mr. Lenfesty suggested that the provisions of the fifth section might leave the way open for fraudulent combinations, and preferred the majority bill because it invites bids for all the work outside, as well as within, the city of Indianapolis, while the minority report requires that two classes of the work shall be done in this city.
Mr. Mellett supported the majority bill, in the belief that it will afford the best printing for the State for the least money, and because it cuts off the practice by which the State has heretofore furnished the paper for the public printing, which has been the occasion of some of the most grievous frauds upon the treasury.
Mr. Woodard considered that the majority had submitted a fair bill, the work of practical printers; and objected to the minority bill because of its voluminousness and liability, therefore, to diverse constructions. He closed by demanding the previous question, which he was, however, induced to withdraw.
Mr. Billingsley gave his preference to the majority bill, for the reasons heretofore suggested.
Mr. Woollen said the old law contained no provision in regard to paper, and he suggested that there is too much money in the purchase of paper for the State work to admit of a fair competition amongst bidders on the part of weak printing houses.
Mr. Johnson favored the majority bill because of its brevity, perspicuity and the certainty of a just construction. Combinations between printing houses were the occasions of fraud. There was no reason to suspect fraud on the part of printing houses in particular, but where the number of bidders is restricted, there is facility for combinations. He could not see why the minority bill should create again what is equivalent to a public printer.
And then on motion of Mr. Walker, the minority bill was laid on the table by yeas 52, nays 37.
page: 218[View Page 218]The question recurring on concurrence in the majority report, it was decided in the affirmative.
On motion of Mr. Cauthorn, there were added to section three these words: "Which power of revocation shall be inserted in the contract."
On motion of Mr. Eward, there were added to section two these words: "And all persons authorized to have or receive any printing or binding at the expense of the State, shall make a written requisition therefor to the Board of Public Printing."
Mr. Shirley moved ineffectually to amend further by striking out the word "Governor"which was laid on the table - yeas 66, nays 20.
On motion of Ms. Branham the bill was further amended (clerically) by striking out from the first line of section 5 these words: "have power to."
Mr. Walker moved for the suspension of the Constitutional restriction(in which Mr. Woollen acquiesced)which was agreed to; and so the bill was read the third time, as amended, and finally passed the House of Representatives - yeas 55, nays 24.
EVANSVILLE INSURANCE COMPANY.
Insurance Company, was taken up, the question
On motion of Mr. Shirley the bill [S. 160] to amend the act to incorporate the Lawrenceburg being on Mr.Billingsley's motion to reconsider the vote of last week by which the bill failed.
Mr. Carnahan and others said it is simply a change of the name and location from Lawrenceburg to Evansville. It is not to give them any additional powers at all.
Mr. Ogden moved that the bill be referred to the Committee on Insurance, with instructions to inquire into the constitutionality and expediency of such an act, and after debate thereon by Messrs. Buskirk, Givan, North, Branham, Miller and Riggs, on motion of Mr. Bocher the motion of Mr. Ogden was laid on the table. Yeas, 65: nays, 5; and then under the force of the previous question demanded by Mr. Willard the bill was finally passed the House of Representatives. Yeas, 68; nays, 11.
Mr. Mellett submitted a preamble and resolution, reciting that an order of the last session which imposed on the Clerk of the House of Representatives the duty of making two journals, thereby imposing double clerical duty, and that former Legislatures have allowed extra compensation for extra clerical service; and, therefore, ordering that the Principal and Principal Assistant Clerks be each allowed $3 a day additional to their present per diem, and that their employes be each allowed $2 a day extra; but it was subsequently withdrawn for a motion by Mr. Branham, by which the bill [S. 168] supplemental to the act in relation to the organization of the two Houses of the General Assembly, prescribing the number of employes in each House, prescribing their duties and declaring an emergency, was taken up, with the committee amendments thereto reported. [The bill, as amended, increases the per diem of the principal and assistant clerks, and the reading clerk of the House to $8 a day; and provides that the Committee on Ways and Means, the Committee on Public Buildings, and the Committee on the Benevolent Institutions be allowed one clerk between them, etc. The question being on the reported amendments, they were concurred in.
Mr. Mellett proposed to amend further by adding a clause to increase the pay of the employees of the principal and principal assistant clerks two dollars a day from the commencement of the present session.
Mr. Butterworth opposed the amendment.Mr. Scott moved to lay the amendment on the table, which was agreed to; yeas 44, nays 36.Mr. Ogden proposed to amend further by allowing to the doorkeeper and his assistants two dollars a day for extra services.
Mr. Scott moved to lay that on the table; butOn the motion of Mr. Mellett, the vote indicated a disposition to adjourn.
The Speaker laid before the House (informally) a formal invitation to members of the General Assembly to attend the graduating exercises of the Medical Department of the State University at their hall in Parker's block this evening at half-past seven o'clock.
Mr. Strange obtained leave of absence till Tuesday evening and Messrs. Prentiss and Barker till Monday.
The House then adjourned.
