THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Feb. 21, 1879-- 9 o'clock a. m.The reading of the minutes were commenced when on motion by Mr. FOWLER the further reading was dispensed with.
On motion by Mr. SHIRK his bill [S. 69] for the establishment of a home for feeble minded children, was taken up; and committee amendments with regard to Board of Trustees, were read and concurred in.
Mr. SHIRK explained: The bill makes provision for the care of such children as are not capable of being educated in the common way. Over 1,000 children and adults of weak minds or idiotic are now scattered all over the State, of which at least 400 are between the ages of 5 and 14. These have been a burden to society, and a burden which hangs with heavy weight on parents so unfortunately afflicted. Success has attended institutions of this character in Ohio, Kentucky, Pennsylvania, Massachusetts, Illinois, Iowa and New York, which latter State has two such. The success of these institutions everywhere has far exceeded the most sanguine expectations of their friends. Where there is feebleness of mind there is most always some weakness in the physical system, hence extraordinary means should be used for their improvement, which can not be properly resorted to in the ordinary routine of life. The buildings now used for the soldiers' orphan home, would answer the purposes of such an institution with a little improvement, and would accommodate all of this class who are apt to apply for admission for several years to come, so is will not require any great expense to start this institution, it being intended to supersede the one now at Knightstown; the necessity for the keeping up of which has almost expired. The bill proposes to place the new institution under the same officials now managing the Soldiers' Orphans' Home. He proceeded to explain its other features, and in conclusion moved to dispense with the constitutional restriction, consider the bill engrossed, and press it to the final vote now.
Mr. FOWLER seconded the motion in a short speech.
Mr. BURRELL resisted this motion, desiring time to examine the features of the bill.
Mr. WINTERBOTHAM regarded this as a very important bill, but as highly improper the disposition manifested to hurry it through the Senate. Its object is a worthy one, but the bill should be considered carefully.
Mr. WOOLLEN feared defeat unless the bill were advanced as rapidly as possible; and for that reason should favor the motion.
Mr. FOWLER insisted this asylum should be established at once; was willing the bill should be perfected, but objected to delay.
Mr. KRAMER moved to amend by a proviso that the question of admitting children shall be determined by the Board of County Commissioners, under rules adopted by the board of the institution.
Messrs. SHIRK, FOWLER and TRUSLER opposed the amendment.
On motion of Mr. LEEPER the bill was amended so as to exclude from the benefits of the institution all over 21 years of age.
Mr. BURRELL moved to amend so that none shall be admitted except upon a proper adjudication of sanity by two justices of the peace, a physician and the clerk of the court.
Mr. SHIRK opposed the amendment. The amendment was rejected.
Mr. KRAMER made an ineffectual motion; to strike out "State" and insert "county" in lieu, in section 7.
Mr. MENZ1ES moved to amend by restricting the inmates to the children of poor and indigent parents.
Mr. SHIRK was not willing to exclude children of parents able to support them, the object of the institution being to develop their physical and mental characters. The bill provides that parents who are able shall contribute to the support of their children in the institution.
Mr. FOWLER opposed the amendment.
It was rejected.
Mr. BURRELL moved ineffectually to strike the word "State" from section 7.
The bill was ordered engrossed.
On motion by Mr. TRAYLOR, his bill [S. 216], defining embezzlement, was read the second time with a committee substitute, which was page: 176[View Page 176] adopted. The constitutional restriction was dispensed with--yeas 37, nays 0--the bill was considered engrossed, read the third time and passed the Senate by--yeas 38, nays 0.
On motion by Mr. DAVIS, his bill [S. 382], concerning aid to railroads--described in these reports February 12 was read the third time, several committee amendments concurred in, the bill considered as engrossed and finally passed the Senate by--yeas 35, nays 1.
On motion by Mr. LANGDON his bill [S. 118] concerning appointment of receivers, was read the second time, the constitutional restriction dispensed with by yeas 38, nays 0.
The bill considered as engrossed, read the third time and finally passed the Senate by yeas 37, nays 0.
Mr. POINDEXTER introduced a bill [S. 426] to amend section a of acts concerning organization of voluntary associations, so as to prevent their making any distinction on account of nativity, complexion or religion, or political belief in the dispensation of charity.
Mr. BURRELL introduced a bill [S. 427] to amend sections 1 and 2 of the act to regulate public warehouses, approved March 9, 1875, by striking from section 1 the words "for one year thereafter," so as to keep the record for future use; and amending section 2 so that more than one building or room may be used under a single permit.
They were read the first time and referred to appropriate committees.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
The LIEUTANANT GOVERNOR announced the special order being the bill [S. 195--Mr. Viehe's] providing for the redemption of real properly sold on execution, and for deeds of conveyance in such cases, was read the second time, together with a substitute for the same reported by committee.
Mr. GRUBBS stated: The substitute was drawn by the senator from Marshall [Mr. Reeve], and that it would be nothing more than an act of justice to the author that its consideration should be postponed till that senator shall be present.
On motion by Mr. VIEHE these bills were postponed till Monday next at 2 o'clock p. m., and made the special order for that hour.
On motion by Mr. TRUSLER the bill [S. 187] amending the present law, so as to abolish the freehold qualifications required for supervisors of highways, and striking out all that relates to the taxing of acres of land for road purposes, was read the third time.
Mr. FOWLER explained: It changes the election of supervisors from October to April, in addition to the changes above referred to.
The bill finally passed the Senate by--yeas 39, nays 0.
On motion by Mr. GRUBB5 his bill [S. 65] defining libel, was read the second time. the constitutional restriction dispensed with, by--yeas 40, nays 0,and the bill pressed to the third reading and passage, by--yeas 41, nays 0.
On motion by Mr. STREIGHT bis bill [S. 196] regulating tolls charged on plank or gravel roads, located in roadbeds ceded by the United States to the State of Indiana, with a committee report recommending amendments.
Mr. STREIGHT said it had reference only to such roads as were originally built by the Government, and ceded to the State--really affecting only the road known as the Cumberland road. By the provisions of this bill such roads may collect, only enough to pay a dividend of 10 per cent., the surplussage to be expended in repairs on the roads.
The report was concurred in.
On motion by Mr. HEILMAN, the bill [S. 209] to provide for appeals from boards of county commissioners was read the second time--the constitutional restriction dispensed with by yeas 40, nays 0-- the bill considered as engrossed, and finally passed the Senate by yeas 36. nays 0.
On motion by Mr. LANGDON, his bill [S. 353] requiring all trustees to be bona fide residents of the State was read the second time, the constitutional restrictions dispensed with--yeas 38, nays 0--the bill considered as engrossed, read the third time, and finally passed the Senate by--yeas 39, nays 0.
On motion by Mr. WOOLLEN the bill [S. 179--described in these reports January 20] to establish a State Board of Health, was read the second time.
Mr. WOOLLEN, being exceeding anxious for the passage of this bill, moved it be made the special order for 2 o'clock to-morrow.
Tho motion was agreed to.
On motion by Mr. HART, the Booneville town trustee legalizing act [H. R. 141], was read the second time; the constitutional rule suspended by-yeas 39, nays 0--the bill considered as engrossed, read the third time, and finally passedby--yeas 36 nay 3.
On motion by Mr. TARLTON his bill [S. 331] to amend section 1 of the act of March 3, '77, authorizing city or town trustees to turn surplus school revenue with the payment of indebtedness for school buildings, was read the second time, and under a dispensation of constitutional restriction, pressed to the third reading, and passed by yeas 36, nays 0.
Mr. TARLTON explaining the only provision of the bill was to make it imperative upon trustees to pay over any surplus of the special school fund, to be used in the payment of the board debt of the city or town, credited in the erection of school buildings, etc.
On motion by Mr. WOOD the committee amendments to the bill [S. 39] relative to the changing of proposed lines and termini of railroads, were concurred in, the bill read the second time, the constitutional restrictions despensed with by yeas 38, nays 1, the bill considered as engrossed, read the third time and passed the Senate by yeas 38, nays 1.
On motion by Mr. FOWLER the bill [S. 365] to amend sec. 3 and repeal sec. 4 of the act of March 10, 1873, for relief of the Lye Creek Drainage Association, was read the second time, the constitutional restriction dispensed with by yeas 39, nay 1,the bill considered as engrossed, read the third time and passed the Senate by yeas 32, nays 5.
Mr. FOWLER, explaining the only change proposed by this bill, was to make the word "may" in section three read " shall."
On motion by Mr. SARNIGHAHSEN his bill [S. 175] for the appointment of county superintendents by the Board of Township Trustees.
Mr. SARNIGHAUSEN said this bill passed the Senate two years ago, but the House of Representatives took no action on it. It is a good bill, and will, should it become a law, elevate the standard of our common schools. Senators will please bear in mind that this bill does not define the duties or fix the salary of the county superintendent. He believed the opposition to this office arose from wrong selections that have been made--men have been placed in these positions without knowledge or experience, who were more anxious to enjoy their lives than to fulfill their official duties. He knew of what he spoke. This bill, if it should become a law, will remove to a great extent the present opposition to the office of county superintendent, because under this bill the township trustees will be almost compelled to select competent men. No costs or expense will be made by this bill as the fees for examination must be paid by the applicants to the treasurer of the board, and the treasurer of the board, turns over this money page: 177[View Page 177] to the State treasury to reimburse the State for expenses of the State board of education.
Mr. DICE said there was a feeling in his portion of the State against this office. He moved the bill be recommitted with a recommendation that the committee so amend the bill as to abolish the office of county superintendent. There are bills pending before the Senate for the abolishment of that office, and that would be one of the best pieces of legislation that could be enacted. The office way no good for the educational interests of the State. The Senate should say now that it is in favor of abolishing this costly office. The schools are no better now than under the old examiner system, yet a greater expense is involved. This bill proposes to elevate this office and make it an additional expense to the county, while the people all over the State are crying for its abolishment. The cause of education has not been advanced by any legislation had for the past five or six years; and this bill being in the same direction, ought not to be passed.
Mr. KENT: If this office is left in existence the officer should be examined by the State board. But he was opposed to continuing the office. As a general thing, these positions are held by comparatively ignorant men, trying to exercise more power than the czar of all the Russins.
Mr. SARIGHAUSEN insisted the opposition is not so much against the law as against the persons who have been selected for the positions. The senator from Fountain (Mr. Dice) speaks of the expense of this bill; but it proposes not one cent of expense except such as is paid by the applicants for examination. We have made our school system sucessful; it is regarded as one of the best in any of the States, and to abolish this office would be a step backward.
Mr. WOOLLEN would be compelled to vote for the abolish merit of this office. Nearly every one in his district demands the abolishment of the office on account of its expensiveness.
Mr. RILEY thought the superintendent should be subject to a very strict examination.
Mr. FOWLER regarded it unwise to abolish this office. It should be elevated, and that is the object of this bill. There has been more dissatisfaction grown up because a large number of its incumbents are not qualified for its duties than from anything else. in his section the people are not demanding the abolishment of this office. Until something better be devised, it would be bad legislation to abolish this office.
Mr. URMSTON insisted we have no use for such an officer as a county superintendent.
Mr. HART believed if there Is any one office complained of in his end of the State, it is that of county superintendent and its expensiveness.
Mr. SARNIGHAUSEN knew of no complaint made in the Northern part of the State as as against the office of county superintendent.
The motion to recommit was rejected by yeas 12, nays 26.
Mr. Menzies believed the greatest complaint comes of the inefficiency of the incumbents of the office of county superintendent, and believing the system should be tried with increased facilities for the advancement of the position, he should vote in favor of the bill.
On motion by Mr. SARNIGHAUSEN the bill was ordered engrossed.
And then the Senate adjourned.
