HOUSE OF REPRESENTATIVES.
TUESDAY, March 11,1879-- 9 o'clock a. m.This being the day and hour for convening the Fifty-first General Assembly of the State of Indiana in extra session, by proclamation of the governor, dated March 10, 1870, the members of the House of Representatives being assembled in the criminal court, room of the Marion County Court House, were called to order by Hon. JOHN GILBERT SHANKLIN, secretary of state, who said: Gentlemen, you have been convened in extraordinary session by proclamation of the governor. The members, as their names are called, will step forward and receive the oath of office at the hands of Chief Justice WM. E. NIBLACK.
Mr. GORDON said: Mr. Secretary--Before proceeding: to take the proposed oath, I desire to utter my protest against the reorganization of this House, It is, in my opinion, a plain violation of the law of parliament which makes the organization of the 9th of January last valid and subsisting until the expiration of the term for which the members of the House were elected. Of course, I do not object to repeating the oath already taken, for it can neither dd to nor detract from its obligation. That, once taken, is obligatory to the end of our term. It is, on the other hand, to presume my notion of the same, and assert my respect for it, that I now object to this whole proceeding. I believe that this House is now fully organized as it was at the last session; and see that we may do in that respect will be simply nugatory.
Mr. HUMPHREY: We are not acting under the law of Parliament, but under the law of Indiana, and. it has always been our custom here.
Mr. GORDON: It was a proceeding adopted. in 1859, when no party in the House had a majority; and when a faction supposed they could gain a point by a reorganization, it was page: 7[View Page 7] then regarded by the oldest parliamentarians of the State as a plain violation of the Law of Parliament: and I have never had a doubt of it since, and have not now. I therefore object to the whole proceeding.
Mr. HUMPHREYS said he thought the House ought to be resworn, as there was not much work done during the regular session, and the oath taken at the commencement was about worn out.
The oath was then administered by Judge NIBLACK to members in groups of twenty- five.
E. Reicheldafer and O. E. Fleming, of Allen; Joseph S. Daily, of Adams and Wells; Joseph Davis. of Boone; A. 1. Galbraith, of Brown and Bartholomew; Charles E. Schol', of Carroll; I. M. Compton, of lay; James F. Stucker, of Crawford and Orange; F. B. Caldwell, of Clinton; Samuel H. Taylor, of Daviess; A. Alden, of Dearborn; Thomas Hart, of Dubois and Martin; Samuel Shutt, of DeKalb; J. H. Willard, of Floyd; J. Shannon Nave, of Fountain: B. H. Flodder, of Franklin; J. Norman Davidson, of Gibson; A. Humphrey, of Green; A. C. Handy, of Hancock; D, A. Cunningham, of Harrison; Henry Drover, of Huntington; J. T. Shields of Jackson; Charles O. Lehman, of Johnson; Henry S. Cauthorne of Knox; A. J. Hosmer, of Laporte; Lycurgus Dalton, of Lawrence; S. W. Edwins, of Madison; Exum Saint, of Madison and Henry : W. E. English, of Marion and Shelby: James Confer, of Marshall; R. W. Miers, of Monroe; J. Maurice Thompson, of Montgomery; Jacob Shauch, of Noble; J. D. Osborne, of Noble and Elkhart; B Schweitzer, of Owen; Russell Allen, of Putnam; Gustav Huthsteiner, of Perry; Joseph D. Barker, of Pike; Russell Blockley, of Posey; J. H. Drake, of Ripley; C. R Faulkner, of Ripley, Rush and Decatur; J. H. Bryant, of Spencer; John C. Brings, of Sullivan; 'Squire Vanpelt, of Shelby; William Perry, of Starke, Fulton and Pulaski; Henry Ginz, of St. Joseph; T. J. Garroutte, of St. Joseph and Marshall; Clarke Baker, of Tippecanoe; J. N. Kester and R. Van Valzah, of Vigo; John L. Taylor, of Warrick; S. H. Mitchell, of Washington : James B. Tully of Whitley; Benjamin F. Campbell, of Cass;John A. Donnell, of Decatur; Walter March, of Delaware; J. P. C. Shanks, of Delaware and Jay; E H. Stevens, of Elkhart,: .T. W. Connoway, of Fayette and Union; O.P. H. Carey, of Grant: James T. Arnold, of Grant and Blackford; T. J. Lindley, of Hamilton; G. W. Snoddy, of Hendricks; C. S. Hubbard, of Henry; Thomas M,. Kirkpatrick, of Howard; Alexi Hess, of Huntington and Wabash; John M. Golden, of Jefferson; Smith Vawter, of Jefferson, Jennings and Scott; John Overmeyer, of Jennings; E. N. Thayer, of Kosciusko; Arthur G. Copeland, of Kosciusko and Fulton; T. S. Fancher, of Lake; O. B. Taylor, of Lagrange; W. W. Herod, J. W. Gordon, J. B. Conner, C. B. Robinson, of Marion; Albert C, Bearss, of Miami; G. I. Reed, of Miami and Howard; James M. Rodman, of Newton and Benton ; Robert Kelley. of Parke.; S. S. Skinner, of Porter; Enos L. Watson., of Randolph; George B. Sleeth, of Rush; Ezekiel Brown, of Steuben; Edward Robinson, of Tippecanoe; John S. Hopkins and J. W. Messick, of Vanderburg; Jesse Arnold, of Wabash; Nathaniel Harlan, J. A. Thornburg, of Wayne: A. R. Owen, of Warren; James Osborne, of Vermillion; George H Brown, of Jasper and While; Win. W. Rooker, of Hamilton and Tipton; J. D. Works, of Ohio and Switzerland; N. S. Majors, of Morgan; Archibald Johnson, of Montgomery and Parke; W. Wimmer, of Hendricks and Putnam; W. B. Carter of Clarke.
Mr. JOHNSON said from announcements, he supposed these were propositions for the organization of the House of Representatives from both the leading political parties, and inasmuch as he was not a member of either, he offered a resolution which was read. It provides for the organisation of the House of Representatives as it stood during the regular session ; For Speaker, HENRY CAUTHORNE, a representative from the county of Knox; for principal clerk, WEBSTER DIXON, of Jackson county; for assistant clerk, THOMAS C. MAYS, of DeKalb; for doorkeeper, DAVID B. WILSON, of Shelby.
Mr. OWEN moved to amend by striking out the name of Mr. CAUTHORNE and inserting the name of Mr OVERMEYER in lieu.
Mr. SHANKS obtained leave to enter his protest against the organization of the House by resolution.
Mr. CALDWELL moved to lay the amendment on the table.
The yeas and nays were demanded, and being ordered and taken thereon, resulted--yeas 56, nays 37.
So the amendment was laid on the table.
Mr. OVERMEYER desired to call attention to the constitution, and he read article 2 section 13. He insisted that the only constitutional organization was by election. He, therefore, moved that the resolution lie on the table.
The yeas and nays were demanded, and being ordered and taken, resulted--yeas 38, nays 55.
So the House refused to lay the resolution on the table.
Mr. HUMPRHREYS demanded the previous question, which was seconded by the House--yeas 56, nays 38--and under its operations thee resolution was adopted by yeas 59, nays 2--present and not voting 36.
The secretary of state then declared the Hon. HENRY S. CAUTHOURN duly chosen speaker of the House of Representatives for the special session.
Mr. CAUTHORNE after taking the oath of office said he was thankful for the expression of confidence. He had no promises to make, but would await until the close of the session, and then leave the members of the House to judge how he had performed the duties of the chair.
Mr. SHANKS entered his protest against the election by resolution which was read and ordered spread on the Journal.
Mr. OVERMEYER introduced a bill [H. R. 659] prescribing certain duties of the Auditor of State, which was read the first time and passed to the second reading.
Mr. LEHMAN offered a resolution, which was adopted, that the rules of the regular session be, and the same are hereby adopted as the rules for the special session.
Mr. JOHNSON offered a resolution which was adopted, that the Senate be informed of the organization of the House.
Mr. ENGLISH offered a concurrent resolution that this session of the General Assembly adjourn sine die on Monday, March 17,1879.
Mr. SLEETH offered a substitute that the State House and specific appropriation bills be completed, and that then this session adjourn.
The substitute was ruled out by order of the Speaker.
Mr. OVERMEYER offered a substitute that it is the duty of the General Assembly at this special session, to proceed at once the completion of the appropriation bills, to the end that only a brief special session may be required, which was adopted--yeas 78, nays 13.
Mr. ENGLISH offered a resolution fixing the adjournment for Tuesday, March 18,1879, which was rejected by--yeas 35, nays 52.
Mr. FAULKNER offered a resolution that the standing committees have no use for page: 9[View Page 9] clerks, and instructing them not to appoint or elect any. The resolution was adopted by--yeas 75, nay 8 3.
Mr. LEHMAN offered a resolution that a committee of three be appointed to wait upon the governor and ascertain whether His Excellency desires to make a communication to this General Assembly.
The SPEAKER made the committee to consist, of Messrs. Lehman, Briggs and Reed.
The House tools a recess till 2 o'clock,
AFTERNOON SESSION.
Mr. ROBINSON offered a resolution that the seats of members be declared vacant, and that they proceed 10 select seats by lot.
On motion of Mr. FAULKNER the resolution was laid on the table.
Mr. SHIELDS called up the bill [S. 180] in relation to divorces, multiplication of marriages, etc., was read the third time, and. passed the House by--yeas 66, nays 6.
A message from the Senate announced the organization of that body, and that it had re- fused to concur in the House amendments to the bill [H. R. 637] for the construction of the new State House, and asked for a committee of conference on the disagreement between the two Houses.
On the motion of Mr. OVERMEYER the SPEAKER appointed as such committee on the part of the House, Messrs. Overmeyer and Dalton.
Mr. SHUTT called up his bill [H. R. 192] to legalize the official acts of the officers or the town of Butler, DeKalb county, which was read the third time and passed the House by yeas 78, nays 0.
Mr. SLEETH called up his bill [H. R. 583] to authorize incorporated towns to light with gas, and that a special tax be levied for the purpose,contracts to last but one year, which was read the third time and passed the House by yeas 80, nays 1.
Mr. LEHMAN from the committee appointed to wait upon the Governor report the discharge of that duty and that his Excellency would like to communicate with the General Assembly this afternoon at 3 1/2 o'clock p m, and the committee recommend that the General Assembly meet in joint convention this afternoon at 3 1/2 o'clock. The report was concurred in and Messrs. Shanks and Briggs appointed a committee to escort the Senate to the House of the Representatives.
Mr. SNODDY called up bis bill [H. R. 238] to amend section 647 of the general practice act, which was read the third time and passed the House by yeas 79, nays 0.
The hour having arrived for the joint convention and Senators being seated on the right of the Speaker's desk--the LIEUTENANT GOVERNOR being seated on the right of the Speaker.
The LIEUTENANT GOVERNOR, by consent of the joint convention, appointed Senator Wood and Representatives Lehman and Golden a committee to wait upon the governor and inform his excellency that, the joint convention was now ready to receive his communication.
The committee crossing the hall to the governor's room immediately returned and reported that his excellency had sent with the committee his executive messenger [Samuel K. Downey] bearing a message in writing, which he handed to the Lieutenant governor.
The message having been read by the clerk of the House of Representstives, as follows:
Gentlemen of the General Assembly:
I regret that I have been compelled to cause you to convene in special session to complete the business which should have been accomplished during the regular session which closed yesterday. In concluding my biennial message, I expressed the hope that, realizing the limited term for which you were convened, you might be able at an early day to consider the matters communicated to you, and that your most important business might not be delayed until the confusion incident to the closing hours of the session should involve you in errors which you would afterwards regret. The present condition of your business justifies the admonition which the experience of many years then had taught me, I presume that I may not officially know what has created this emergency, but the people, whose servants we are, will in due time fix the responsibility where it belongs and administer the chastisement which faithless and incompetent representatives may always expect from. an outraged constituency. During the 59 days ending Saturday last and before the "two days next previous to the final adjournment" had commenced to run, the joint committee on enrolled bills presented to me 18 bills which had originated in the Senate and 12 which had originated in the House of Representatives, these being 30 in all I have signed. They constitute the legislation upon which you must have been judged without the opportunity now afforded you by the exercise of the constitutional power vested in me. An examination of these acts suggests that our modern idea of legislation not only contemplates a special session at the conclusion of each regular session of the General Assembly, but in addition expects that a large part of that time shall be devoted to setting right the errors or town and city officers and other agents of the people, defining existing law's, relieving sureties on official bonds, changing judicial circuits to accommodate personal prejudices against presiding judges, changing the terms and time of holding court in counties to suit the convenience of a select few at the expense of the mass of the people who have become accustomed to the existing calendar; enacting under the forms of general law that which is of necessity local and special and in direct violation of the constitution, and thus, while affording to small localities the temporary relief given by an act of doubtful sufficiency, leave the, measures for which the people of the whole State have long waited to fall into confusion and neglect. Twelve of the acts received and signed may be classified with those described. One undertakes to satisfy and confirm a large part of the omissions of duty incident to the organization and management of the city government to which it applies. Ordinances by number without other description, are accepted as wholesome for the community amenable to that form of law, and ratified and approved, save that by a variance between the title and the body of the act, 10, whose irregularity is by titled promised a cure, are omitted and left to be healed two years hence. By one act you set apart $125,000 for the payment of your expenses, and by another you increased your corps of employes by the addition of two clerks of committees. A superior court constituted for Wayne county by the last General Assembly is abolished, and you have disposed with a part of our expensive machinery for the assessment of taxes in towns and cities. The act requiring that prisoners in jail be put at some useful work is valuable in our populous localities. The act permitting guardians to settle the estates of deceased wards is commendable, and I trust will lead to other needed reforms of that nature. You have enacted a few good and highly important laws. Having agreed to seven of the proposed amendments to the con-[stitution]
page: 10[View Page 10][con]-stitution, you have provided for their submission to the people at an election to be held in April, 1880. You have passed a law apportioning the counties of the State for purposes of representation in the General Assembly, which has met my entire approval as being just and fair to all affected by it. In my former communication I noted the growing disposition to impose ministerial duties upon the governor in addition to those named in the constitution. By your acts changing the management of the benevolent institutions--the Hospital for the Insane, the Institutes for the Deaf and Dumb and the Blind, and the Soldiers' Orphans' Home (now merged with the newly created Asylum for Feeble Minded Children)--you have given to the governor, under advice of the Senate, power to appoint the trustees. Remembering how much your time has been occupied by appeals for office when in your immediate gift, and the vain effort to determine your right to elect, I am satisfied of their wisdom and of the propriety of extending the authority to include the management of the two prisons, which alone remain to threaten your peace of mind.
I renew my recommendation on the subject of fees and salaries. It is expected that you will pass a law fixing the fees and salaries of your State, county and township officers, giving them a fair compensation for the services, making the law so plain that there can be no misconstruction of any of its points. Such a law I shall cheerfully sanction.
It is of great and pressing importance that you at once consider and pass a bill for an act making appropriations for the support of the State government during the two years from November 1, 1879. The act now in force was enacted March 6, 1877, and was designed to include in itself and become a substitute for all existing laws authorizing the payment of money from the general fund. It has been thus construed and administered. It lacks non of the force of law. By it terms it repeals the law and fragments of laws then in force, which had authorized unexpected drafts upon the treasury, and limited the amounts and objects. Salaries are provided for by it which had before been paid out of miscellaneous appropriations, and did note appear upon the face of the acts of appropriation.
In this connections I may say that in making provision for the administration of the office which I now have the honor to hold, you may not deal justly by its important and increasing business when you adjust your appropriations to those who are for the time being in its service. The provision which you may make will apply to and affect the next administration of the office quite as much as the present incumbent. The system of business which prevails has been perfected by years of experience and painstaking care, and deserves at least an examination, before it is condemned as useless, or degraded by being placed upon a level with branches of the public service for an entirely different character.
The bill for an act making appropriations for specific objects services immediate consideration. An appropriation for improvements at the Southern prison is a matter of great importance. The addition to the building of the Hospital for the Insane to be used as the department for "women" has ben erected during the past four years, at a cost of $600,000, and awaits an appropriation to complete and furnish it for the accommodation of the hundreds who needs its care and protection in their pitiable condition. I trust that you will not fail to make a sufficient appropriation, say $62,000, to pay the indebtedness of the Sate Board of Agriculture. The State has already acquired an interest in its land to the amount of $25,000, but it is only in the nature of second mortgage. I recommend that you make the appropriation in order to save the State' interest, as well as the State Boards--the State to be the owner in fee simple until such time as the property can be sold to advantage, and then , after reimbursing the State, should there be anything left, that it be given to the State Board. When in 1855, the State University was in danger of losing its endowment by a judgment obtained by the trustees of Vincennes University against the State defending for persons who had purchased lands supposed to belong to it, the State very generously assumed the whole amount, being nearly $70,000, and has paid it with a large amount of interest on the bonds issued for the purpose. Now, if the State could afford to make a donation of that amount to one university, she can surely afford to appropriate the money required to ave the property of the farmers and mechanics of the whole State, especially as the State will become the owner of the property. I sincerely hope that you will at once complete your consideration of the bill providing means to continue the work the new State House, and enact it into a law. The slight disagreements as to the manner of raising the money can be speedily reconciled by a full and free consultation, when all shall come to realize the advantages of an immediate prosecution of the work in a time so favorable to permanence and cheapness, The subject of expert evidence, to which I called your attention in my former communication, has received an early and marked illustration in the attempt of architects who testified before your committee of investigation in to the New State House matters to procure an allowance at the rate of $20 per day, for the attendance as witnesses, and that, too, after some of them had been afforded their education at the public expense, I renew and press upon you the recommendation that you remedy this evil, and that you put it beyond the power of courts to allow, or witnesses to demand and receive such unreasonable fees.
I again urge that you repeal the law authorizing each county to send two students to each university free of charge, and that you require all students alike to pay a reasonable tuition fee.
My recommendation upon the subject of executive clemence has been brought to your notice again by the printed copies of the bienial report for 1877 and 1878. I desire your careful and deliberate judgment upon the facts thus fully communicated to you, and if, in your opinion it is not wise to make the change authorized by the constitution, I will be glad if the care bestowed upon that branch of the business of this office may commend it to your approbation.
As suggested in my proclamation, I believe that your session under this call should be brief, and I assume that it will be your pleasure to insure that desirable result by a prompt, diligent and harmonious disposition of the measures of public interest which I have enumerated.
James D. Williams. Governor' Office March 11, 1879.
The LIEUTENANT GOVERNOR declared the joint convention adjourned, it having accomplished the purpose for which it was convened.
When senators had retired.
Mr. STEVENS called up his bill [H. R. 397] to require petitions for location, vacation or change of highway, to give bond for costs in case the commissioners should report adversely, which was read the third time and passed the House by yeas 74, nays 5.
Mr. STUCKER called up his bill [H. R. 610] to legalize the election in May, 1878, of the town of Paoli, Orange county, which was read the page: 11[View Page 11] third time, and passed the House by--yeas 68,nays 1.
Mr. Taylor, of Lagrange, called up his bill [H. R. 616] to define the boundaries between the counties of Washington and Clark, which was read the third time.
Mr. SHAUCK said that in behalf of the people he represents he would oppose the passage of this bill.
Mr. OWEN moved that the bill lie upon the table, which was agreed to.
Mr. TAYLOR, of Warrick, called up the bill [S. 169] to prevent persons who are mortgagors of personal property from disposing of the same, which was read the third time, and passed the House by--yeas 63, nays 4.
Mr. HUBBARD offered a concurrent resolution that room "G," at the Occidental Hotel, be retained at $1.50 per day, and the doorkeeper $1 per day for attending to the same, and that witnesses' fees be allowed, etc.
Mr. LEHMAN moved, ineffectually, to amend so as to strike out all relating to the doorkeeper.
The resolution was then adopted by--yeas 47, nays 29.
Mr. SHAUCK offered a resolution,which was adopted, that inasmuch as the enrolling of the bills of the House had been poorly done, that the principal employ such clerks as are competent to do the work.
The House adjourned.
