THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, Feb. 26,1879-- 9 o'clock a. m.On motion by Mr. WOOD, the reading of the minutes was dispensed with, the city ward laying-out bill [S. 425 see the reports of February 20], was read the second time and ordered engrossed.
Mr. TREAT offered a resolution, for a committee of three, to ascertain what portion of the geological cabinet is the property of the State, which was amended by Mr. Reeve so as to require a full inventory of all such specimens; and by Mr. Dice further amended so as to inquire why annual reports have not been made by the State geologist for the past three years; and then the resolution as amended was adopted.
On motion by Mr. WIER, his bill [S. 144] to abolish the cash poll-tax, was read the second time.
Mr. HARRIS, beside other objections, regarded a provision in this bill, which he pointed out as unconstitutional, and hoped the bill would not be ordered to the engrossment.
Mr. WIER would not yield his judgment to lawyers and other objectors to this bill, but contended the bill in its present form was right, and should be passed.
Mr. REEVE insisted the bill means nothing as it reads now, or if it means anything it means that no poll-tax can be levied less $1, and there are two provisions in the constitution with which it conflicts. On his motion the bill and report were laid on the table upon a division--affirmative 23, negative 17.
On motion By Mr. FOWLER the bill [H. R. 112] for the appointment [by the governor] of the trustees of the Benevolent Institutions of the State, was read the second time with a favorable majority and an adverse minority report, recommending indefinite postponement, but if the bill does pass it be amended so that the governor shall appoint but one trustee, and the other to hold over.
Mr. STREIGHT demanded a division of the questions embraced in the minority report; first on the recomendation for indefinite postponement. The bill contemplates, he said, by one stroke of the pen, to remove every man who has had experience in these institutions. Why this resolution? The only answer is: to satisfy the demands of a few political place-seekers. No senator having the good of these institutions at heart can desire such a sweeping resolution.
Mr. FOWLER apprehended nothing that could be said would change the mind of a single senator on this subject; he therefore moved to reject the minority report, and on that motion demanded the previous question; which being seconded by the Senate, under its operation; the minority report was rejected by yeas 26, nays 25--the lieutenant governor giving the casting affirmative vote Messrs. Grubbs and Menzies explaining.
Mr. HARRIS made an ineffectual motion--yeas 25, nays 26--to indefinitely postpone the majority report--the lieutenant governor giving the casting vote.
Mr. STREIGHT moved to amend section. one by providing that no appointment shall be made, except to fill vacancies as they may occur, which, under the operations of the previous question demanded by Mr. BURRELL, was rejected by yeas 26, nays 25--the LIEUTENANT GOVERNOR giving the casting rejective vote.
Mr. MENZIES moved that the bill be adopted as a whole and placed on the calendar, and on that motion demanded the previous question. The Senate refused to second the demand for the previous question by--yeas 24, nays 26.
Mr. REEVE voting "no," because this motion would cut off all opportunity for amendment of the bill. He said he would not be satisfied with this bill unless amended, as it ought, to be, and as was distinctly understood it should be. He opposed any material amendment in its important features, but insisted on the two simple amendments he indicated.
Mr. SHIRK offered an amendment fixing the salaries of the trustees of the Insane, and Deaf and Dumb at the present rate.
Mr. FOWLER moved to reject the amendment, and on that motion demanded the previous question which was seconded and the page: 195[View Page 195] main question ordered by--yeas 26, nays 25--and under its operation title amendment was rejected by--yeas 25, nays 26--the LIEUTENANT GOVERNOR giving the casting vote in each case.
Mr. REEVE offered an amendment allowing the superintendent of each to reside in the Institution, which was agreed to by yeas 40, nays 9.
Mr. STREIGHT moved to recommit the bill with instructions to amend so as not to in- crease the compensation of any officer, and 100 copies of the bill be printed. He defied any Senator to vote on that bill intelligently unless printed and laid before him. The people are not prepared to nearly double the salaries of some of these officers, as is proposed by some of the pro visions in the bill.
Mr. GRUBBS appealed to Senators to consider this subject above party. He believed one of the purposes of the bill was to take the question of the government of the Benevolent institutions out of party. They ought to be made the honor and glory of Indiana; and therefore he favored the general principle of this bill, but desired time to consider its many new features.
Mr. MENZIES pemanded the previous question, which was seconded by yeas 29, nays 25, and under its operation the motion to recommit was rejected by yeas 25, nays 26--the LIEUTENANT GOVERNOR giving the casting vote in each case.
Mr. REEVE moved to amend by allowing the family of the superintendent to board in the Institution, where he has his home therein; which was agreed to.
Mr. STREIGHT moved to postpone till 9 o'clock Monday next the further consideration of this subject). He regarded such an important measure as worthy of discussion. It contains some very good features, and some very bad features--the letter should be amended. But we are asked to consider a bill of such great importance, and are compelled to sit here beyond the time for noon recess, in order that the bill may be passed without being printed, when nine-tenths of the majority, to say nothing of the minority, of the Senate, know very little about its provisions. He yielded the floor for that purpose, and--
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. STREIGHT continued his remarks for some time. When he had concluded--
Mr. FOWLER thought discussion of the bill unnecessary for the Republican side, and was sure the Democrats had their minds made up, and seeing no reason for protracted discussion he demanded the previous question, which was seconded by the Senate, and under its operation the motion to postpone the bill was rejected by-yeas 23, nays 25.
On motion by Mr. REEVE the bill was further amended by appropriately inserting a proviso that upon removal of an officer the officer may have opportunity to answer and defend the charges against him.
Mr. FOWLER moved to adopt the bill as amended.
Mr. HARRIS made an ineffectual motion--yeas 26, nays 25--to lay this motion on the table.
The bill as amended was then adopted--by yeas 25,nays 24--the LIEUTENANT GOVERNOR giving the casting vote in esdi instance.
On motion by Mr. VIEHE, the bill [S. 399] to provide for the submission to the qualified voters of the State the proposed amendments to the constitution, was read the second time, with committee amendments.
Mr. HARRIS thought the bill needed no amendment, unless in regard to the time for elections, and in order to test the sense of the Senate he moved to amend the report by providing for submitting the amendments to vote in October, 1880, instead of April.
Mr. VIEHE saw no difficulty in submitting the amendments in April, when, if adopted, they would dispense with October elections. The registry amendment is of no force and effect until after the Legislature can enact such a law. He hoped the report of the committee would be concurred in.
The amendment was rejected.
Mr. TAYLOR moved ineffectually to amend by providing that if the third amendment to the constitution be adopted the fall elections shall occur in November instead of October.
The committee amendments were concurred in.
On motion by Mr HARRIS, the constitutional restriction was dispensed with--yeas 45, nays 3. The bill read the third time and passed by yeas 40, nays 7.
On motion by Mr. SHIRK, his bill, [S. 69, see these reports Feb. 21,a.m.] to establish an asylum for feeble-minded children, was read the third time.
Mr. WOODS objected to establishing at this time, above all others, a new institution of this kind. The people don't demand it. Then he declared this Legislature can not convert the Soldiery' Orphans' home into an institution of this kind, in proof or which statement he sent to the clerk's desk and had read the original deeds of these land to the State. Upon the score of expense it is wrong to build up a new institution until the State House is completed.
Mr. WOOLLEN: It is a needed charity to provide for a class of persons almost as helpless as the insane; and this unfortunate class should not be excluded from the benevolence of the State. In a few more years there will be no more soldiers' orphans left to be taken care of, and he hoped the construction placed upon the deeds by the senator from Lake [Mr. Woods] may be erroneous, so the property may be used for the purposes indicated in this bill.
Mr. BURRELL thought no lawyer would contend but that a deed can be made to the trustees of the new institution by the present trustees who now hold it in trust for the State. But he opposed this bill as being a sucker that would draw from the State thousands of dollars at first, which sum would be rapidly increased with the lapse of time. It would be an unnecessary drain upon the tax payers of the State.
Mr. STREIGHT: Indiana is behind other States in this matter of providing for the education of this class of children. Why delay? The sum asked for is small. The people of this State are not as close-fisted as some senators would lead us to believe.
Mr. FOWLER could see nothing in the way of the transfer of the property. He favored this bill because it costs nothing. The orphan's home must be retired before many years, and this bill does not interfere with the two hundred children there. He would favor the bill even if it asked for an appropriation of $50,000. On the question of economy this measure should be passed. Out of 1,000 such children in the State at least one-half are in the poor houses. They should be educated so they can earn their own livelihood and something more.
Mr. URMSTON insisted this measure is not well understood. It proposes to establish an institution--asking how for an appropriation, of $2,000, but could there be any assurance that more than ten times that amount will not be called for in two years hence, and every two years thereafter in the same proportion?
Mr. WOOD was not willing to turn the sol-[diers] page: 196[View Page 196] [sol]-diers' orphans out into the cold to left in a lot of half-witted idiots. [Laughter.] The deed of this property is not made to the State; and if the conditions of these instruments are violated a writ of ejectment would lie. He opposed the involving of the State or these institutions in an almost interminable law suit. Then such an institution would cost the State not less than $50,000 in 10 years.
Mr. REEVE combatted the idea that any difficulty would occur in the transfer of the property referred to. The property is absolutely vested in the State, with no trust attached. He would favor the bill, but would like to see it amended in several particulars. It would be a measure of economy and reduce taxation generally, instead of increasing it. At any rate the State can afford to make the experiment.
Mr. BURRELL regarded this as a useless institution, and one that ought not to be fastened upon the people of the State.
Mr. SHIRK combatted the opinions expressed by some that this would be a costly institution. In other States they have done a vast amount of good. The Ohio Institute, which now contains 450 inmates, started with 15. No benevolent institutions ever established have done as much good as those of this kind. It is not intended to turn out the soldiers' and seamen's orphans by this bill. They are becoming less in number every year, and in a short time there will be few, if any, left; and this institution is intended to step in and take the place of the other.
The bill was passed the Senate by yeas 33, nays 14.
Mr. MENZIES introduced a bill [S.440] to repeal the act to fix the number of senators and representatives, of December 27, l862; and
Mr. HEILMAN introduced a bill [S. 441] to amend section 1 of an amendatory act concerning manufacturing companies, etc , which were severally read the first time.
And then the Senate adjourned.
In the proceedings of Tuesday Senator Fowler is wrongly reported as offering an amendment to transfer the specimens in the State Geologist's office to the "State Library." His motion was to transfer them to the "State University at Bloomington."
