THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, Feb. 17,1879-- 10 o'clock, a. m.The LIEUTENANT GOVERNOR announced prayer by Rev. Dr. B, F. Foster, of the Universalist church.
Petitions were presented for a reduction of fees and salaries of officers, and legal fees of physicians one-half.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, (unless otherwise stated) and severally referred to appropriate committees.
By Mr. LANGDON,[S. 393] concerning the effect of a sale of land for the payment of taxes-- delinquent taxes to be a continual lien till paid.
By Mr. SHAFFER, [S. 394] to amend an act of March 6, 1877, authorizing school trustees of adjoining townships to establish new school districts, and build school houses therein.
By Mr. WIER, by request, [S. 395] to repeal an act for the protection of the Sabbath, approved February 28,1855, which on his motion was referred to the Committee on Rights and Privileges without being read.
By Mr. WOOLLEN, [S. 396] providing for appointment of county superintendents--by county commissioners on first Monday in June biennially--one who has had at least four years' experience in teaching.
By Mr. KRAMER, [S. 397] amending section 11 of the act defining vagrancy, etc , approved March 15,1877; in relation to the punishment of prostitutes.
By Mr. BRISCOE, [S. 398] defining as a misdemeanor the leasing of houses or buildings for the purposes of prostitution
By Mr. TAYLOR, [S. 399] to provide for the submission to the qualified voters of the State, for their ratification or rejection, the proposed amendments to the State constitution.
By Mr. FOWLER. [S. 400] regulating the purchase of articles for the benevolent and reformatory institutions, providing for publishing of notices for bids from contractors for the term of one year.
By Mr. MENZIES, by request, [S. 401] to amend section 8 of the act to repeal all laws in force for the incorporation of cities, etc., approved March 14,1867, as amended by the act of March, 1877--authorizing marshals and, if expedient, auditors and police judges for cities, mayors and city officers and councilmen to hold four years.
By Mr. LANGDON, by request, [S. 402] to provide for the painting, repairing, enclosing, etc., of the Tippecanoe battle ground, appointing John A. Hull superintendent thereof, which on his motion was referred to the committee on claims without reading.
By Mr. FOWLER, [S. 403] to amend sec. 12 of the divorce law.
By Mr. COMSTOCK, [S. 404] to amend sec. 4 of the act fixing the pay of judges of the courts of this States:--for superior judges $2,500.
By Mr. DICE, [S. 405] to amend sec. 68 of the general practice act of June 18,1852.
By Mr. BURRELL, [S. 406] to provide for the dissolution of city incorporations of less than 3,000. One-third of the tax-payers may order an election to determine.
By Mr. GARR1GUS, [S. 407] to amend sec. 7 of the act authorizing county commissioners to construct, gravel and McAdam roads, etc., approved March 3,1877, making it their duty to keep up repairs.
By Mr. STREIGHT, [S. 408] for the assessment of real property in the year 1879 and every four years thereafter.
By Mr. HARRIS, by request, [S. 409] to provide for the payment of semi-annual interest on county bonds.
By Mr. WOOD, [S. 410] to declare that county printing snail be done in two papers of opposite politics, in each county, having the largest circulation, the legal fees to be divided between them.
By Mr. FOWLER, [S. 411] to amend section 15 of the act of May 20, 1852, concerning the partition of lands.
By Mr. LANGDON, by request, [S. 412] to amend section 355 of the general practice act.
By Mr. FoWLER. [S 413] to prevent the mutilation or alteration of any instrument of writing with intent to cheat or defraud another.
By Mr. GARRIGUS, [S. 414] to amend num-[erous] page: 157[View Page 157][num]-erous sections of the act to enable owners of wet lands to drain or reclaim the same, approved March 9, 1875.
Mr. LANGDON offered a resolution directing the secretary of the Senate to keep on hand a limited supply of lithographed letter heads and envelopes for the use of the Senate.
It was rejected by yeas 17, nays 19.
The Senate took a recess till 2 o'clock p.m.
AFTERNOON SESSION.
By Mr. POINDEXTER, [S. 415] to legalize the incorporation of the town of Ohio trails, and each and every official act of the several board a of trustees thereof; which, on his motion, was referred to the committee on corporations without reading.
By Mr. POINDEXTER, [S. 416] to provide for the issuing of licenses to manage locomotive or stationary engines: for the appointment [by the governor] of license inspectors [one in each congressional district], which, on his motion, was referred to the judiciary committee without leading.
By Mr. W1LSON, [H. R. 417] to authorize individuals to keep skiffs, boats and other water craft on the Ohio river, and to convey persons across said river, and to let the same thereon for hire; which was, on his motion, referred to thecommittee on county and township business without reading.
By Mr. MOORE, [S. 418] to authorize boards of comity commissioners to indorse railroad bonds, where counties and townships have voted aid, not to exceed the amount so voted.
By Mr. SMITH, by request, [S. 419] to discourage the keeping of worthless and sheep-killing dogs--and providing for the registration and licensing of dogs--after May 1, 1879--$1 for every male, and $3 for every female over six months old--which, on his motion, was referred to the committee on agriculture without reading.
GOVERNMENT OF STATE PRISONS.
On motion, by Mr. FOWLER, the Senate preceded to the consideration of the bill [S. 27--Mr. Winterbotham's] for the government of the State prisons, which was returned from the select committee this morning, with a majority report [Messrs. Winterbotham and Viehe's] recommending amendments, and a minority [Mr. Streight's] reporting a substitute.
Mr. STREIGHT announced an agreement in the committee not to dispense with the present prison directors. Advocating but one board, he was willing to pay each director an increase of $100 a year, making the one board cost $1,800, while now the two boards cost $3,000. The wardens of these prisons virtually run the prisons. The directors usually take a good dinner with the wardens, and report things going along all right. He would, give these directors enough to do to interest them, and he would have a better class of men than heretofore. Where is the sound business reason for employing six men as directors for the State's prisons when the number well qualified for such positions are not very great. He hoped the friends of economy and good business management, would vote for the minority report. He also favored the appointment of a clerk for each of the prisons who would not owe his position to the warden. The State should have an agent in the clerk. As now, the warden has the management of the prison and the appointment of the clerk, which custom ought to be changed.
Mr. VIEHE: The committee has agreed upon the whole bill, with two exceptions--in the second section, providing for two boards, and in a subsequent section, with regard to the appointment of clerk to the prisons. The material question is: Shall there be two boards or one board of directors? If we have two there will be rivalry between the two prisons, and a healthy competition. As far as expense is concerned, it can make but little, if any, difference. If there is but one board the traveling expenses would perhaps be nearly as much as under the present plan; and then the salary must be increased, as the eirectors will have additional labor to perform. There never should be a time when men may come to the Legislature and electioneer for this office.
Mr. REEVE, by consent, offered a resolution declaring it the sense of the Senate that there shall be a separate Board for each of the State Prisons under the bill now being considered.
The resolution was adopted by yeas 26, nays 11.
Mr. FOWLER, explaining his affirmative vote--Because this bill is of such great importance he did not want to place anything in the way of its passage--there being some doubt about the validity of an act consolidating the two Boards of Directors--though still believing that a consolidation of the two Boards would be better for the institutions and for the State.
By consent, a resolution was offered that the clerk for each of the prisons shall be appointed by the bord of directors under this bill.
Mr. WINTERBOTHAM--Put in a clerk independent of the warden and you will have two heads to the institution. The wardens are held responsible for the management of the State's prison. He should be the head of the institution, and he should appoint his own clerk. He hoped the resolution would be rejected. Put a clerk between the warden and the financial affair of the institution, and confusion would follow. It would be one of the worst features that can be put in the bill.
Mr. STREIGHT: Let the warden appoint a clerk under obligations to him, and there is danger of favoritism. The clerk has nothing to do but keep the accounts. He should not be permitted to go inside the prison, except by permission. The clerk should be answerable only to the board of directors. We hear that the management of these prisons have not been honest; and, why? Because there has been nothing between the State and the warden. The clerk should be entirely independent of the local management of the prison.
Mr. FOSTER moved to amend by making the directors elective by the General Assembly at the present session. The people sent us here for that purpose, and he was not disposed to put that responsibility on the shoulders of the governor.
Mr. VIEHE thought the governor represents the people also. We come here to make law and for no other purpose. He opposed the amendment.
Mr. STREIGHT: Any one witnessing the scramble for these offices at every session can not but conclude the governor can weigh the matter better and make appointments more carefully.
Mr. GARRIGUS dissented from the idea that the governor represents the people as much as the General Assembly. If the governor is to appoint directors, and they the warden, would it not be better to turn the whole State over to the governor, and let him appoint members of the legislature also? He favored the amendment.
The amendment [Mr. Foster's] was rejected by yeas 6, nays 36.
Mr. TRAYLOR moved to amend sec. 3 by making the salary of directors $300 a year instead of $500. They only make about one visit a month, and that would give them a larger per diem than members of the General Assembly.
page: 158[View Page 158]Mr. GARRIGUS favored the amendment. It was agreed to by yeas 32, nays 9.
Mr. WOOD, in explanation of his negative vote, while representing a constituency that demand a cutting of all salaries, from the governor down, yet thinking men fit for these positions will not serve for $300, he was compelled to place himself against their wishes in this instance.
Mr. BURRELL moved to reduce the salary of warden from $1,500 to $1,000.
Mr. Winterbotham: One thousand dollars would not pay the expense of some wardens in entertaining the people of the State visiting the prison. To say he shall act penurious toward the citizens of the State is doing what Mr. W. is not willing to do. In Illinois the warden has $2,500 and everything furnished. Our wardens have to furnish their own houses--the State gives them fuel and house-room, and that is all.
Mr. HARRIS thought the recommendation of the committee ($1,500 is right.
The amendment was rejected and the committee amendment agreed to.
Mr BURRELL moved to reduce the salary of physician from $1,000 to $600. This officer only goes around among the prisoners once a day and attends as usual to his outside business.
Mr. SHAFFER: It requires a well educated physician to perform the duties and he is liable to be called at any hour of the day or night. The northern prison physician can not get time to do any private practice to speak of. If that is the case, the salary is too low. He hoped the salary would not be reduced. He would rather see it increased.
Mr. REILEY knew of some 15 or 20 cases, two years ago in the northern prison, that required treatment, and the physician, authorized, did not know how to manage them. He insisted the salary should be sufficiently large to command the services of a competent man. It is due as an act of common justice, and required by every instinct of humanity, that a well-read physician should be kept in such positions.
Mr. REEVE--If a competent physician should prescribe for 15 or 20 a day at 10 cents apiece it would be $2 a day, and that would amount to $730 a year. Physicians usually get a dollar for every office prescription, and $2 for every visit. The proposition now is to give him $600 a year. To make it consistent he should be compelled to live in the prison and be fed on mush and milk, where he should be required to eat with a pegging awl, out of a jug. [Laughter.]
The amendment was rejected.
Mr. STREIGHT moved to amend section 15 by providing that all corporal punishment shall be inflicted in the presence of the chaplain or the surgeon.
Mr. WINTERBOTHAM opposed the amendment and expressed surprise that a military man should offer it. It would be one of the worst amendments that could be made to the bill.
The amendment was agreed to by yeas 22, nays 19.
Mr. WOOLEN moved an amendment that the use of the cat shall not be permitted in any prison in this State, regarding it as a relic of barbarism, and one we ought to be ashamed of. He hoped Indiana would abolish, where it refers to helpless prisoners, the terrible cat which comes down on the back till the flesh quivers and the blood oozes out of the flesh. Other methods of punishment certainly would work as well. There is something horrifying in punishing a man with the cat till the blood oozes from him. This bill has nothing in it to prevent the use of the cat,
Mr. REEVE--There are some people so brutal that nothing will subdue them but the whip and the sack. All that is necessary escape the whip is to behave. The whip is dreaded and is an effective punishment for those so brutal they care for nothing, and have no hope for the future. The cat and whip are a necessity.
Mr. WINTERBOTHAM: The object of all punishment is to compel obedience to the rules with the least delay and with the least injury to the prisoner. This sort of morbid sympathy abolished the cat in Illinois and Ohio a few years ago, and since then, in the former two and in the latter three, have been punished to death. What punishment will you resort to to bring these prisoners to subjection? These wardens know public sympathy is with the prisoner, and it is this that returns men to the penitentiary--because you make the punishment so easy. He was always opposed to capital punishment, until recently he has become convinced it is a necessity, because of this morbid sympathy.
Mr. LANGDON: The question is, whether the cat answers the purposes for which it is used? He believed it destruciive of the ends and purposes for which it was intended, and subversive of the fundamental law of the State. Spectacles of brutality have been repeated time and time again in both the penitentiaries of this State. Other means have been found in this enlightened age--awaken, the humanity, instead of brutalizing them, and sending them out into communities again disgusted with laws and full of vengeance.
Mr. MENZIES: The cat was abolished in the army and navy because soldiers and seamen enlisted to defend society, and the distinction was made between such and the thief, the tramp and those guilty of crimes unmentionable--the depraved, demoralized and debased classes of society. It is not well to indulge in too much sentimentality and gush in this matter.
Mr. TREAT--The agument in favor of the use of the cat is based on the principle that it is part of the punishment due for crime. That is a mistake; it is no part of the punishment allowed by law. It is simply an arbitrary use of power by the wardens. The fact is, as civilization and Christianity advanced, society improved, and these old forms of punishment were lain aside as unworthy of humanity. Punishment by flogging is repulsive to society at large, and he hoped Indiana will not be the home and asylum of this inhuman practice. If we allow the use of the cat, the ware en may become a despot and a tyrant, and abuse his power.
The previous question was demanded by Mr. FOSTER, and being seconded by the Senate under its operation the amendment [Mr. Woollen's] was agreed to by--yeas 22, nays 19.
Then the Senate adjourned.
