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Brevier Legislative Reports, Volume XVII & XVIII, 1879, 360 pp.
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HOUSE OF REPRESENTATIVES.

WEDNESDAY, Feb, 26, 1879 9 a. m.

The clerk's minutes of Monday's proceedings were read until the reading was dispensed with; as was also the reading of the journal of yesterday's proceedings.

Mr. HEROD, from a majority of the committee on State House investigation, reported that they find all changes made were in the interest of the Suite; the books of the State House commissioners well kept and in good order, and credit the board with having fully discharged their duty.

Mr. WILLARD submitted a minority report: that the evidence does not show fraud, but shows some changes in the original plans. and that the action of the board was unfair toward competing architects.

Mr. OSBORNE of Elkhart moved that these reports be referred to the committee on ways and means.

Mr. OVERMEYER said there was nothing to do with these reports but to refer them to the committee on ways and means as suggested, or spread them upon the journal, as there was no recommendation in either the majority or minority reports.

Mr. HEROD thought it was due the gentlemen of the State House commission, after having passed through the ordeal of an investigation, that some expression of the House should indicate their commendation to the State as faithful servants of the people.

On motion of Mr. ENGLISH, the minority report was laid on the table by--yeas 63, nays 31.

The House adopted the report of the majority by--yeas 71, nays 24.

The committee was then discharged.

Mr. OSBORNE, of Elkhart, moved to reconsider the vote of yesterday by which the House refused to allow the auditor of state a salary of $4,000.

Mr. OVERMEYER said: If we had started out right in fixing the salary of the Governor at $4,000 the salary of the Auditor of State should not be increased. He was opposed to reconsidering.

Mr. MIERS thought the Auditor's salary was too small, and he hoped the House would reconsider the vote.

Mr. GORDON said it was not honorable to the State to place the Auditor's salary at less than $4,O00. His labors will be much greater now during the building of the new State House. He favored the motion to reconsider.

Mr. OSBORNE, of Elkhart, was willing to stand upon the redaction of salaries as low as consistent. The Auditor stands at the door of the treasury, and therefore occupies a most responsible position. In his judgment $4,000 was enough.

Mr. VANPELT came here to reduce the salaries as low as possible. It was expected of these officers to furnish money for the expenses of the political campaign, and he was not in favor now of cutting down their salaries. He believed this bill was a fair bill all the way through.

Mr. JOHNSON said the reason that the people wanted the salaries reduced was to prevent corruption. The demand for the reduction of salaries should be in proportion to the business of the country. He thought $4,000 was too much.

Mr. SHANKS said the prices of commodities had gone down to the lowest level and the salaries of officers still stood at the highest point, and the people demand that their salaries shall be reduced to a corresponding level. He hoped this item would be left as passed upon yesterday.

Mr. TULLEY thought the friends of this bill ought not to insist on too much of a reduction. If we cut down these salaries with judgment, we shall be able to pass this bill, but if we run into parsimony, we will defeat it. He thought we ought to give the auditor of state at least $1,000.

Mr. WORKS said the salary was fixed yesterday at $2,500. The question before the House is: Are the services of the auditor worth $4,O00 per annum? If it was this House ought to allow it. and if not, the salary ought to be placed at what the services of the office are worth. He was opposed to a reconsideration.

Mr. HESS made an ineffectual motion to lay the motion to reconsider on the table--yeas 48, nays 48.

The motion to reconsider was agreed to by--yeas 48, nays 47.

Mr. GORDON moved that the salary of the auditor of State be $4,000.

Mr. MARCH said: Let us reduce the salaries to a reasonable compensation--$4,000 was unreasonable : $3,000 was enough.

Mr. SAINT came here pledged to the reduction of fees and salaries, and $4,000 was more than any man in the State was worth; $3,000 was ample compensation, and the action yesterday was about right.

Mr. JOHNSON said the National party, as well as the Democratic party, were pledged to a reduction of salaries.

Mr. TAYLOR, of Daviess, said so far as the page: 197[View Page 197] pledges of Democrats were concerned, in his case he was not pledged to a reduction below what was commensurate with the position the officials were called to fill. He was opposed to salaries, and in favor of fees.

The amendment [Mr. Gordon's] was rejected by yeas 36, nays 58.

Mr. WORKS moved to amend by striking out $1,500 and inserting S2,500 in lieu, and adding that all fees shall be paid into the State treasury.

On motion by Mr. GORDON the amendment was laid on the table.

Mr. WORKS moved to reconsider the vote by which his amendment was laid on the table.

On motion by Mr. HUMPHREYS the latter motion was laid upon the table, by yeas 52, nays 45.

Mr. JOHNSON moved, ineffectually, to amend by striking out $2,000 and inserting $1,500, and by striking out for the deputy $1,500 and inserting $1,200.

Mr. JOHNSON moved to amend by making the salary of the attorney general $2,000 instead of $2,500, which was adopted by--yeas 49, nays 45.

Mr. BARKER moved, ineffectually, to amend by allowing the attorney general a deputy with a salary of $1,500.

Mr. CONNER moved, ineffectually, to make the salary of superintendent of public instruction $2,500 instead of $2,O0O.

Mr. SNODDY moved to amend by reducing the salary of the deputy of the superintendent of public instruction from $1,500 to $1,000.

Mr. Edwins moved to amend the amendment by making it 1,200.

On the motion of Mr. MIERS, the amendments were laid on the table.

Mr. MIERS moved to amend so that there shall be two clerks at $900 each, which was adopted by yeas 55, nay 35.

Mr. COPELAND moved to amend so as to strike out all that provides for an assistant State librarian. He said the statutes plainly says that the librarian shall not have an assistant.

The SPEAKER said so far as the law is concerned, we are making a new law, and said the only question before the House was, shall the librarian have an assistant?

The amendment [Mr. Copeland's] was rejected.

Then came the recess till 2 o'clock.

AFTERNOON SESSION.

Mr. SAINT offered a resolution, which was adopted, directing the special committee to which was referred the investigation of the charges against the Benevolent institutions to hear the evidence in said charges and report to the House at the earliest possible period.

Mr. 0SBORNE of Elkhart moved a substitute for section 14 concerning fees of county clerks. He said the bill would increase the present fees of the clerks at least 50 per cent. over the law of 1875, and proceeded to prove that assertion by comparing the law of 1875 with the bill and with his proposed amendment.

Mr. HEROD made an ineffectual motion that the amendment lie on the table--yeas 25, nays 68.

Mr. WILLARD said it was a question whether when you cut out constructive fees the present law is not low enough. He did not want to act parsimoniously in this matter.

Mr. SAINT said he came here in the interest of the people, and as a demand was made for a reduction in fees and salaries he would go as far as any one to obtain that object. He did not want to reduce the fees and salaries below a just standard. He felt as though there was an unlawful attempt to defeat the object of a reduction of fees, and believed county officers had raised a large fund to accomplish that object; at least he knew that assessments had been made upon the officers of some of the counties of this State for money to be used in preventing any reduction of fees and salaries, and he thought this fact ought to be kept in mind during the consideration of this bill, and he referred to the matter now in the outset that members might be reminded of the influence at work to prevent a free and untrammeled action, and for his part he had promised his constituents last fall to labor unceasingly to reduce the enormous and unjust fees of county officers, by which they are enabled in many cases to amass a fortune in one or two terms of office, and he proposes to fulfill his pledges.

Mr. JOHNSON moved the adoption of the substitute for section 14, as submitted, by Mr. Osborne.

Mr. HESS was in favor of the amendment, as it was in the right direction, and he thought we were consuming too much time in the consideration of this matter.

The substitute was adopted by yeas 61, nays 21.

Mr. OSBORNE, of Elkhart, moved as an amendment to section 15, a substitute, which. was also adopted.

On motion by Mr. WILLARD section 10 was amended by adding thereto the words, "When such estate is claimed by the widow."

Mr. OSBORNE, of Elkhart, moved to amend section 18 by providing that "Circuit judges shall each receive a salary of $2,000 per annum and no more."

Mr. ALLEN, of Putnam, made an ineffectual motion to amend the amendment by making the salary of circuit judges $1,800.

Mr. FAULKNER made an ineffectual motion to add that the judges of the supreme court shall receive a salary of $3,000.

The amendment [Mr. Osborn's] was agreed to.

Mr. WATSON moved to amend by providing that this section shall not apply to any judge who has been elected and commissioned.

Mr. REED thought the amendment reducing the salaries of judges should not apply to such as have been elected and commissioned, but have not yet qualified and entered upon the discharge of their official duties. Of these there are only five. All others who were elected last October have qualified and are exempted from the operation of any law that may be enacted, by the constitutional provision which does not permit a decrease of their salary during their continuance in office. If the bill as amended shall become a law, there will be in the State 38 circuit judges on a salary of $2,500 each, and five on a salary of $2,000. It is an unjust discrimination to secure a paltry saving.

The amendment [Mr. Watson's] was rejected.

Mr. STEVENS moved to strike out $100 and insert $70 for each 1,000 inhabitants in each county with a population over 15,000--as to the salary of County Auditor.

Mr. SHANKS made an ineffectual motion to amend the amendment by making it $125 for each 1,000 inhabitants in excess of 15,000.

Mr. Stevens' amendment was rejected by yeas 28, nays 61.

Mr. DAILEY moved to amend by adding "and $100 and no more shall be allowed for making all reports required by law to the Auditor of State in any one year,"

The amendment was agreed to.

Mr. VANPELT moved to strike out one-quarter of one per cent. and insert one-half of one per cent. for the management of the permanent school fund.

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Mr. WILLARD moved to amend by making it three-quarters of one per cent. The amendment to the amendment was agreed to, and the amendment as amended was rejected by yeas 37, nays 53.

Mr. OVERMEYER moved to make it one half of one per cent, which, was agreed to by yeas 72, nays 22.

Mr. CUNN1NGHAM moved that the Auditor shall be allowed $2.50 per day for attendance on county assessors, which motion was laid on the table.

Mr. SLEETH moved to amend by providing that no proceedings in highways, ditches and turnpikes shall be charged against the county, which was adopted.

Mr. WATSON moved to amend that Auditors shall furnish at their own expense all stationery, except that for the especial use of the county, which was adopted.

Mr. Overmeyer moved to amend by making the salary of County Treasurers $1,000 instead of $750, and for the collection of delinquent taxes 5 per cent. instead of 3 per centum.

A division of the question was demanded, and the first part, making the salary $1,000,was agreed to, and the second division, allowing 5 instead of 3 per centum for the collection of delinquent taxes, was rejected by--yeas 41, nays 47.

Mr. HANDY made an ineffectual motion to strike out 1/2 per cent. and insert one per centum for the first $100,000 of taxes by them collected--yeas 27, nays 57.

On motion by Mr. OVERMEYER an amendment was adopted preventing sheriff's from drawing any pay from the State for the transportation of prisoners.

On motion by Mr. SAINT sheriff's are required to furnish all their stationery except dockets, fee books, records, record books and ink.

On motion by Mr. KIRKPATRICK the per diem of County Commissioners was reduced from $4 to $3.

On motion by Mr. SLEETH the fee of the prosecuting attorney, upon forfeited recognizance, was reduced from $10 to $5, and when prosecuted, to find judgment against defendant from 10 to 5 cents on money collected.

Mr. OVERMEYER moved to reconsider the vote by which the pay of county commissioners was reduced to $3.00 per day.

Mr. EDWINS moved to lay the motion to reconsider on the table, which was agreed to by--yeas 45, nays 38.

And then the House adjourned.

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