THE
BREVIER LEGISLATIVE REPORTS
VOLUME FOURTEEN
INDIANA LEGISLATURE
SENATE.
TUESDAY, MONDAY Jan. 22, 1872, ten o'clock A.M.Prayers were offered by the Rev. Charles Raymond of the Seventh Presbyterian Church of this city.
Reading of the Secretary's journal was dispensed with.
PETITIONS.
Mr. Orr presented a petition from citizens of Delaware county praying for the passage of the hunting on enclosed land bill. Referred to the Committee on Rights and Privileges.
Mr. Beardsley presented a petition from several thousand citizens of Elkhart county in favor of a temperance law. Referred to the Committee on Temperance.
Mr. Beeson presented a petition from ladies praying for the speedy completion of the women's Reformatory. Referred to the Committee on Reformatory Institutions.
Mr. Glessner presented petitions favoring the passage of his supplemental railroad aid bill. Referred to the appropriate committee.
Mr. Rhodes presented a petition on the subject of taxation. Referred to the Committee on Rights and Privileges.
The Lieutenant Governor laid before the Senate the report of the Trustees of the State Normal School. Referred to the Committee on Education without reading.
PARTING LANES.
Mr. Orr, from the Committee on Agriculture, returned Mr. Glessner's bill [S. 123] providing for a lane seventeen feet wide between parties who will not join in partition fences, with a recommendation that it lay on the table.
Mr. Giessner gave notice he should, at the proper time, move to reconsider the vote concurring in this report.
TEAMS ON HIGHWAYS.
Mr. Fuller, from the Committee on County and Township Business, returned Mr. Neff's bill [S. 163] to amend Section 7 of the Supervisor's Act, to allow two day's work for a team instead of three, with a recommendation that it be indefinitely postponed.
Mr. Neff resisted the report, declaring that the difference between the work of a laborer and a team was a mistake. He moved to amend the report by inserting a recommendation that the bill pass.
Mr. Beeson also opposed the report and favored the passage of the bill.
Mr. Rhodes favored a law that would require as much labor for the State as parties receive for the same pay all over the country, and consequently he hoped the motion to amend the report would be agreed to.
Mr. Cave thought the report should be concurred in. When a man takes his team and plow or cart he should get credit for three day's work because the work is hard on teams, on plows and upon wagons, and the man with a team does as much work as six men. For himself, he would not take his team on the road for a two day's credit.
Mr. Neff insisted this was an exceptional case. He desired to place the rich man and the poor man on an equality, and believed this bill does that in this particular.
Mr. Orr believed putting a man and his team down to $3 a day is too little.
[Mr. Taylor called up the special order - being the biennial message of Gov. Baker and the inaugural address of Gov. Hendricksand on his motion the consideration thereof was postponed till Monday next at two o'clock P. M.]
Mr. Gregg desired to see the report of the Committee concurred in for fear the result of the bill would be to keep teams from off the road.
Mr. Fuller referred to the fact that men with teams on railroads get three times the pay a man with the shovel does.
Mr. Steele did not believe that teams can be obtained in every part of the State for a credit of two days' work.
Mr Francisco has acted a great many times as supervisor of highways, and did not believe teams would come out for a two days' credit only.
Mr. Ringo regarded one man with a team as worth half a dozen men with shovels. He would rather his plow would work on his farm one season than two days on the road, and would rather his team would work one week on the farm than one day on the road.
page: 63[View Page 63]Mr. Banyan moved to lay the whole subject on the table. Agreed to.
REPORTS OF COMMITTEES.
Mr. Orr, from the Committee on County and Township Business, returned Mr. Steele's bill. [S. 55], with regard to the removing of county seats, with a recommendation that it lie on the table. Concurred in.
Mr. Scott, from the Committee on Education, returned his bill [S. 153], to amend the act creating the State Normal School, with a favorable report.
Mr. Gooding, from the Judiciary Committee, returned Mr. Rhodes' bill [S. 127], in relation to the collection of promissory notes, with amendments. Concurred in.
STATIONERY.
Mr. Banyan offered a resolution that the chairman of each of the standing committees of the Senate be allowed to draw not to exceed $10 worth of stationery from the Secretary of State, for the use of their committees.
It was rejected.
OLD CLAIMS.
Mr. Sleeth offered a concurrent resolution that this General Assembly will vote to pay for no services rendered or materials furnished prior to the commencement of this session, unless presented and examined by the proper Committee on Claims at least twenty days before the close of this session.
Mr. Williams moved to amend by striking out "twenty," and inserting in lieu of it ''ten" days.
On motion by Mr. Orr the amendment was laid on the table.
The resolution was adopted by yeas, 32; nays, 9.
DIVORCE - WITNESSES.
Mr. Glessner offered a resolution that the Committee on Rights and Privileges, to which was referred the bill [S. 117] be instructed to consider the propriety of so amending the bill as to allow parties to a divorce suit to testify when both may be in court. His judgment is that no better amendment could be made to prevent the granting of divorces - it would be a bar to two-thirds of divorces granted now if the truth were known to the court.
Laid on the table, upon a divison; affirmative, 19; negative, 10.
NEW PROPOSITION.
Mr. Gregg introduced a bill [S. 223] for an act for the relief of Nicholas Moreback (trustee of Jackson township, Ripley county$2,500 stolen moneys, etc.) Joseph E. Lange and Francis Joseph Wetzler.
Mr. Beardsley introduced a bill [S. 225] for an act to provide for the public printing, regulating the prices to be paid therefor, for the election of a Public Printer, etc.
(It provides that the Public Printer shall hold office for two years; the Governor, to appoint a commission to consist of two good practical printers and one book binder, with a salary of $300 per year each, to examine and audit all bills.)
Mr. Ringo introduced a bill [S. 226] for an act to amend sections 457 and 458 of the General Practice, act of June 18,1852. (Property taken on execution may be returned to the defendant on the making of an undertaking with security.)
Recess.
AFTERNOON SESSION.
Mr. Hough introduced a bill [S. 227] to empower a court, whenever a jury is engaged in the trial of a cause and another cause comes up for hearing, to direct the empannellng of another jury.
Mr. Orr introduced a bill [S. 228] to provide for the appointments of special constables by justices of the peace in certain cases.
These bills were read the first time and passed to the second reading.
STATE PRINTER - ABOLISHED.
On motion by Mr. O'Brien, the rules were suspended, and the bill [H. R. 293] to abolish the office of State Printer was read the second time.
Mr. Williams suggested it might be better to strike out the emergency clause, and made that motion.
On motion by Mr. O'Brien this motion was laid on the table.
Mr. O'Brien thought it an easy matter to provide for having the public printing done until such a time as a bill on that subject shall be perfected. He moved that the constitutional restriction be dispensed with in order that the bill may be passed to-day.
The motion was agreed to the bill was read the third time and finally passed by yeas - 44; nays - 0.
Mr. Freidley, of Lawrence, by leave, introduced a joint resolution [S.] to make temporary provision for the public printing: (That the Secretary of State,with the advice and consent of the Chairman of the Printing Committees of the two Houses, contract therefor.)
It passed the Senate by yeas - 42; nays - 2.
BASTARDY.
Mr. Brown called up the special order, being Mr. Neff's bill [S. 36] regulating prosecutions in cases of bastardy, and providing for the support of illegitimate children.
Mr. Brown explained that this bill proposes to amend the present law, by providing that persons having custody of the means to educate and support such illegitimate children shall give security for its proper application; and that no suit for bastary shall be dismissed unless the court shall deem the compromise just and proper.
After debate by Messrs. Friedley of Lawrence, O'Brien, Steele, Neff, Brown, Dwiggins, Hough, Sleeth, Gooding and Williams, which will appear in the Brevier Legislative Reports -
Mr. Howorth demanded the previous question,, and there being a second, the main question was ordered, when the bill failed to pass for want of a constitutional majority of 26. Yeas, 23; nays, 21, as follows:
YEAS - Messrs, Armstrong, Beeson, Bird, Boone, Brown, Bunyan, Friedley of Scott, Glessner, Haworth, Hough, Howard, Miller, Neff, O'Brien, Orr, Rhodes, Ringo, Sarnighausen, Scott, Slater, Sleeth, Taylor, and Winterbotham - 23.
NAYSMessrs. Beardsley, Bowman, Carnahan, Cave, Chapman, Collett, Daugherty, Dittemore, Dwiggins, Fuller, Francisco, Friedley of Lawrence, Gooding, Gregg, Hall, Harney, Oliver, Smith, Steele, Stroud, and Williams - 21.
JUDGES' SALARIES.
Mr. Dwiggins moved that the bill [S. 9] fixing the salaries of judges be made the special order for to-morrow at half-past ten o'clock.
Mr. Gooding indicated a desire to lay this motion on the table, to await action on the subject of re-districting the State for judicial purposes.
Mr. Dwiggins insisted that this bill should be voted upon at an early day, contending that it will do no good to wait until the State is re-districted. He opposed further postponement of the consideration of this bill, fearing it never will become a law. No State in the Union pays its judicial officers so small a salary as the State of Indiana, and that should be remedied as soon as possible.
Mr. Dittemore announced that his vote on this subject would be controlled by the number of circuits established; and he moved to amend the motion by fixing the time for this order on Wednesday next at two o'clock P. M.
Mr. Brown was opposed to a cheap judiciary, and trusted the General Assembly would make page: 64[View Page 64] haste to put the judiciary of the State on a respectable footing as regards salary. He favored increasing the salaries of Supreme Judges to $5,000, and Circuit Judges to $3,000. He desired to see Common Pleas Courts abolished, and the Probate business put in the hands of a surrogate in each county, to be appointed by the Circuit Judge.
Mr. Gooding believed the passage of the bill would be endangered if pressed to the final vote before an agreement has been made as to how the circuits shall be constituted - their size and the juridiction of the Judges thereof. He favored an increase of the salaries of Judges, but thought it best to postpone the consideration of this bill for the present.
Mr. Sleeth also favored increasing the salaries of Judges, but was opposed to such action till the circuits shall be defined. If better talent is obtained for the lower benches the work of the Supreme Court will be materially lessened.
Mr. Orr was willing to vote an increase of Judges pay, but must first know what service will be required of them.
Mr. Rhodes reminded Senators that this same argument for delay was urged a week ago.
Mr. Scott, when he entered this chamber four years ago, introduced a bill for an increase of the salaries of judges, but it was postponed from time to time till it was lost sight of. Two years ago a similar bill fared the like fate, and it now looked as though this bill was following in the same pathway. There are none too many judges in this State now, and Senators may just as well act upon this bill at once as to keep putting it off.
The motion to make the bill the special order for Wednesday at six o'clock was agreed to.
WORK FOR COMMITEEES.
On motion of Mr. Beardsley, the following described bills were read by title only and referred to appropriate committees:
Mr. Hough's bill [S. 137] to fix court times in the Eleventh District was read by title and referred to the Committee on the Organization of Courts of Justice.
Mr. Gregg's bill, [S. 169] authorizing the organization of voluntary associations, was referred to the Committee on Judiciary.
Mr. Taylor's bill, [S. 170] making an appropriation to Purdue University, was referred to the Committee on Education.
Mr. Orr's bill, [S. 171] to protect the elections of voluntary political associations, was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
Mr. Dittemore's bill, [S. 173] to authorize city school trustees to sell school property, was referred to the Committee on Judiciary.
Mr. Neff's bill, [S. 174] defining certain misdemeanors, was referred to the Committee on Agriculture.
Mr. Williams' bill, [S. 175] regulating fees and salaries, was referred to the Committee on Fees and Salaries.
Mr. Hubbard's bill [S. 176] supplemental to the Public Library act, was referred to the Committee on Corporations.
Mr. Dwiggins' bill IS. 177] to repeal the act for the consolidation of hydraulic companies, was referred to the Committee on Corporations.
Mr. Neff's bill [S. 178] regulating: fees and salaried, was referred to the Committee on Fees and Salaries.
Mr. Cave's bill [S. 179] to amend section 7 of the Common School law, was referred to the Committee on Education.
Mr. Harney's bill [S. 180] making township trustees superintendents of roads, was referred to the Committee on Roads and Highways.
Mr. Williams' bill [S. 181] declaring what officers shall be elected by the Senate and House of Representatives.
Mr. Orr's bill [S. 182] to provide for investment of funds held by agents, administrators, etc. was referred to the Judiciary Committee.
Mr. Daggy's bill [S. 183], to provide for paroling prisoners in county jails, was referred to the Committee on Prisons.
Mr. Daggy's bill [S. 184], concerning the granting of pardons by the Governor, was referred to the Committee on the Judiciary.
Mr. Hubbard's bill [S. 185], to authorize judges to grant injunctions in actions in adjoining counties, was referred to the Judiciary Committee.
Mr. Ringo's bill [S. 186], to abolish the Common Pleas and Criminal Circuit Courts, was referred to the Committee on the Organization of Courts of Justice.
Mr. Scott's bill [S. 187], to amend section one of weights and measures act, was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
Mr. Steele's bill [S. 188], to enable executors and administrators to enforce partition of decedents' estates, was referred to the Committee on the Judiciary.
Mr. Smith's bill [S. 189], to amend section 668 of the general practice act, was referred to the Committee on the Judiciary.
Mr. Armstrong's bill [S. 190], to legalize certain irregular assessments, was referred to the Committee on Education.
Mr. Taylor's bill [S. 191], to enable sureties to be released from appeal bonds, was referred to the Committee on the Judiciary.
Mr. Steele's bill [S. 192], to amend the property exemption act, was referred to the Committee on the Judiciary.
Mr. Orr's bill [S. 193], supplemental to the plank and gravel road act, was referred to the Committee on the Judiciary.
Mr. Neff's bill [S. 194], in relation to the meeting of Boards of County Commissioners, was referred to the Committee on the Organization of Courts of Justice.
Mr. Beeson's bill [S. 195], defining certain misdemeanors, was referred to the Committee on Agriculture.
Mr. Howard's bill [S. 196], to amend section 34 of the town incorporation act, was referred to the Committee on Corporations.
Mr. Harney 's bill [S. 197], to increase the salaries of Supreme Judges, was referred to the Committee on Fees and Salaries.
Mr. Dittemore's bill [S. 198] to provide for a school for feeble-minded children, was referred to the Committee on the Judiciary.
Mr. Haworth's bill [S. 199] requiring railroad companies to put safe heating apparatus in their cars, was referred to the Committee on railroads.
Mr. Fuller's bill [S. 200] in relation to jury trials, was referred to the Committee on the Judiciary.
Mr. Orr's bill [S. 201] supplemental to the misdemeanor act, was referred to the Committee on Rights and Privileges.
Mr. Carnahan's bill [S. 202] to amend sections seven and nine of the Common School Law, was referred to the Committee on Education.
Mr. Daggy's bill [S. 203] to authorize the appointment of resident trustees for trust funds, was referred to the Judiciary Committee.
Mr. Daggy's bill [S. 204] to amend the officers' bond act, was referred to the Judiciary Committee.
Mr. Friedley of Scott's bill [S. 206] to encourage agriculture, was referred to the Committee on Agriculture.
Mr. Collett's bill [S. 207] to amend section fifteen of the act of November 1, 1855, amending the general practice act, was referred to the Judiciary Committee.
Mr. Fuller's bill [S. 208] to amend section 9 of the criminal practice act was referred to the Judiciary Committee.
Mr. Beeson's bill [S. 209] authorizing plank road companies to levy a road tax, was referred to the Committee on Roads.
page: 65[View Page 65]Mr. Armstrong's bill [S. 210] supplemental to the county and township aid act, was referred to the Judiciary Committee.
Mr. Friedley of Scott's, bill [S. 211] providing for the payment of tax money to township trustees, was referred to the Committee on County and Township Business.
Mr. Daugherty's bill [S. 212] concerning supervisors, was referred to the Committee on Roads.
Mr. Smith's bill [S. 213] to amend section 16 of the real property act, was referred to the Committee on the Judiciary.
Mr. Fuller's bill |S. 214] declaring any intoxicated person ineligible to office, was referred to the Committee on the Judiciary.
Mr. Scott's bill [S. 215] for the leasing of railroads, was referred to the Committee on Railroads.
Mr. Sleeth'sbill [S. 216] to prevent minors from playing billiards, was referred to the Committee on Rights and Privileges.
Mr. Boone's bill [S 217] to authorize satisfaction of mortgages, was referred to the Committee on the Judiciary.
Mr. Rhodes' bill [S. 218] to encourage the destruction of foxes, was referred to the Committee on Agriculture.
Mr. Beardsley's bill [S. 219] to provide for the construction and maintenance of fish ladders, was referred to the Committee on Rights and Privileges.
Mr. Steele's bill [S. 220] affording relief to counties and townships voting railroad aid, was referred to thecommittee on the Judiciary.
Mr.Freidley, of Lawrence's bill [S. 221] to amend the town incorporation act, was referred to the Committee on Corporations.
Mr. Daggy's bill [S. 222] making it unlawful for miners to play on billiard tables, was referred to the Committee on Rights and Privileges.
Mr. Friedley of Lawrence's bill [S. 223] to legalize certain acts of Notaries Public, was referred to the Committee on Judiciary.
The Lieutenant Governor appointed in the place of Mr. Brown, on the Judiciary Committee, Mr. Friedley of Lawrence; on the Committee on Corporations, Mr. Chapman; and on the Committee on Fees and Salaries, Mr. Scott. He also makes the new Standing Committee on Mines and Mining to consist of Messrs. Friedley of Lawrence, Collett, Beeson, Bird, Smith, Beardsley and Ringo.
The Lieutenant Governor laid before the Senate the report of the Superintendent of Public Instruction, which was referred to the Committee on Education.
The Superintendent of Public Instruction, divides the School Fund into three classes: Productive, unproductive and contingent. The Fund productive of interest, is over $8,000,000. Total of all classes, $8,437,593 47.
Indiana stands at the head of the list of States, in respect to the amount of her school fund. She expended last year for tuition purposes exclusively $1,108,312 42.
He reports the money safely invested and the interest promptly paid. The usual number of school houses have been built and of a rather superior order, as indicated by the cost.
>Asks for an extention of the limit of bonds $30,000 to $60,000, and that townships be authorized to borrow money for the purpose of building houses.
Asks also for county and township Boards of Education, also for the repeal of the section of the law authorizing persons, not heads of families, to participate in the selections of teachers. Represents the Normal school as prosperous, its influence being felt more and more each year; is destined to become the great heart of our common school system; should be liberally sustained by the Legislature.
Complains of absenteeism as the great evil of our school system; more than 27,000 persons in the State, between the ages of ten and twenty-one, being unable to read. Argues that as our system of popular schools was established for all, all should attend. Asks a compulsory law, and submits the draft of one similar in its provisions to the Michigan law. Proposes the following amendments to the school law.
- That the office of School Examiner be abolished and that of County Superintendent be created.
- That no fee shall be charged teachers for examination for license.
- That the County Superintendent must be a successful and practical teacher.
- That he shall have the general superintendence of the schools of the county and shall visit each school at least once each year.
- That he shall have an office furnished him at the county seat and shall be paid for his services.
- That he shall examine the official dockets, records, books, papers and accounts of the Justices of the Peace, Clerk of Court, Auditor and Commissioners, and see that all lines, forfeitures and liquor licenses, etc., are promptly collected and paid over and if necessary institute suit for their collection.
- That the County Superintendent, together with the Township Boards of Education and the School Trustees of the towns and cities in the county, shall constitute a County Board of Education. Said Board shall consider the general wants and needs of the schools and school property of the county, and shall determine the text books, maps, charts, etc., that shall be used in the schools.
TOWNSHIP BOARD OF EDUCATION.
- 8. That at the time of electing the Township Trustee, two School Trustees shall be elected in every township, who, together with the Township Trustee, shall constitute a Township Board of Education; said Board shall select and employ the teachers for the schools of the township, and perform all the duties now required of the Township Trustee; the Township Trustee to be the Treasurer of the Board, and the two School Trustees to serve without compensation, and that all vacancies in said Board shall be filled by the Auditor, subject to the approval of the County Commissioners.
- 9. That one School Trustee in towns and cities shall be appointed annually, so that two members of the Board shall remain in office, and that the Board of School Trustees shall organize by appointing one President, one Secretary, and one Treasurer.
- 10. That the time of taking the enumeration shall be changed to the month of March in each year, so that the first apportionment, which is three times as large as the second, may be made on the enumeration taken immediately preceding.
- 11.That the rate per cent of interest on all school funds held in trust by the counties shall be changed from seven to eight per cent.
- 12. That the time of making the apportionments shall be changed - the first, from the fourth Monday in May to the fifteenth day of June, and the Second, from the fifteenth day of October to the first day of November.
- 13. That section 131 be restored, which was repealed in 1867, providing for the levy of a tax for the purchase of books for township libraries.
- 14. That the salary of the State Superintendent shall be three thousand dollars and that his office expenses shall be allowed him.
- 15. That the Trustees of two or more municipal corporations shall establish and maintain jointly graded schools for the benefit of their respective corporations.
- 16. That the school trustees of incorporated towns and cities, be authorized to levy the local tuition tax provided for in act of Mach 9, 1867, and that said tax extend to the property and polls of persons transferred, and that the trustees authorized to page: 66[View Page 66] levy this tax be required to levy, within the limit fixed by law, an amount which, together with the tuition revenue received from other sources, will maintain their schools at least six months in the year.
- 17. That the State tax of sixteen cents on each $100 be increased to twenty cents.
- 18. A law compelling the attendance of childred between the ages of eight and fourteen, in certain cases.
The compensation of the State Superintendent is fixed by law at $1,500. Is this a fair remuneration for the labor performed? I leave this question with the good judgment of the Legislature. The erection and completion of a great system of education is not the work of a day. Our present system has existed, in some form, for nearly fifty years. Each succeeding Legislature has contributed something to the strength and beauty of the superstructure, either by placing a suitable stone upon its walls, or by removing an unsuitable one. That there are defects still, all must admit, but that these can and will be remedied in due time, none need doubt. The emendations suggested in the former part of this report are all very desirable. Two of them, however, are so completely identified with the success of the system, that at the risk of being considered tedious and given to repetition, I refer to them again in the close of this report:
- An amendment securing an increase in the duration of our school terms.
- A law requiring a more general attendance upon the schools.
The former can be accomplished by one of the three following means, or by all combined.
- By a fair and equitable appraisement of property.
- By requiring the trustees to levy an amount of local tuition tax, which, combined with their ordinary revenues, will increase the school terms to six months.
- By an increase in the rate of the State tax.
It costs the State $21,430 50 per day to educate her children. An additional tax of one cent on each one hundred dollars to the sixteen already authorized, would extend the average school term three days: two cents, six days, and in the same ratio lour cents, making the State tax twenty cents, would prolong our school twelve days. May I not appeal to the Representatives of the wealthier counties to. give another demonstration of their liberality generosity and patriotism, by increasing this tax to twenty cents on each one hundred dollars ? This bei ng done, the legislature can with propriety demand that all school corporations aid themselves.
The latter - a more general attendance - can be accomplished by the adoption and prudent enforcement of an obligatory law, similar in its general features to those adopted by other States.
These two objects attained, our school system and schools begin to approximate perfection. Each day added to the school term, and each child introduced into the schools, not only increases the amount of intellectual and moral capital, but also the material wealth of the country. Wealth is more in the mind than in the object. Educated mind imparts value, riches, convenience, beauty, comfort and refinement to everything else. It makes the "wilderness and the solitary place glad, and causes the desert to rejoice and blossom as the rose."
Leave of absence was granted the Committee on State Prisons from to-morrow till Tuesday next.
And then the Senate adjourned till to-morrow morning ten o'clock.
