THE BREVIER LEGISLATIVE REPORTS.
VOLUME EIGHTEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, March 20,1879-- 9 o'clock a. m.The minutes of yesterday were not read.
Mr. STREIGHT offered the following resolution:
Resolved, That the congressional apportionment bill be referred to a committee of five, with instructions to report a bill dividing the State into 13 congressional districts as nearly equal in population as practicable, six of said districts to be Republican and seven to be Democratic, and in determining the political complexion of each county said committee shall take the votes cast for secretary of state in the election of 1878.
Mr. STREIGHT made a speech about 30 minutes long in support of his resolution. When he had concluded--
On motion by Mr. REEVE the resolution was laid on the table--yeas 26, nays 23.
Mr. BURRELL moved that the regular order of business be suspended, in order that the congressional apportionment bill [H. R. 486] may be taken up and read the third time, and, on this motion, he demanded the previous question, which was seconded by yeas 27, nays 22. Under its operation the motion was agreed to by yeas 27, nays 20, and the bill was read the third time. On his further motion, under the operations of the previous question demanded by him, and seconded by consent, the bill was put upon its passage, and finally passed, the Senate by yeas 26, nays 23, as follows:
YEAS--Messrs. Benz, Briscoe, Burrell, Coffey, Davis, Donham, Foster, Fowler, Hart, Hefron, Kent, Kramer, Leeper, Major, Menzies, Peterson, Reeve, Reily, Sarnighausen, Tarlton, Traylor, Urmston, Viehe, Wood, Woollen and Winterbotham--26.
NAYS--Messrs. Cadwallader, Comstock, Davenport, Dice, Garrigus, Grubbs, Harris, Kahlo, Landon, Mercer, Moore, Olds, Poindexter, Ragan, Shaffer, Shirk, Smith, Streight, Taylor, Treat, Trusler, Weir and Wilson--23.
Pending the roll call--
Mr. GARRIGUS, in explanation of his vote, said: For the reason that the counties he represents are placed in a district where 39,883 are required to elect a congressman, while in other districts only 32,000 are required, thus practically disfranchising 7,000 of the votes he had the honor to represent, he should vote "no."
Mr. GRUBBS, when his name was called, protested against the passage of this bill, believing this not the time for a congressional apportionment under law or precedent, and that it is entirely unfair, because it will give, under the vote in 1878, the Democratic party, with 194,000 voters, 11 representatives, while for the 220,072 votes against the Democratic party it will give but two Republican representatives. If the Democratic party is willing to stand by the record they make upon this bill we are satisfied and shall appeal to the common sense and fairness of the people of Indiana. He voted "no."
Mr. HEFRON, when his name was called, said, believing this bill complies with the letter and the spirit of the constitution; that respect has been had to the contiguity of territory, and to population, as nearly so as can be conveniently made; and that it is reasonable and fair to political opponents; as based upon the vote of 1876, which is the only proper and fair vote to take as a basis, it will give to the Republicans six districts and to the Democrats seven; and taking into consideration the fact that it has always been a cardinal principle with the Republican party that the minority have no rights it was bound to respect, he did not believe it has any right to complain, and so he should vote "aye."
Mr. KENT, in explanation of his vote, said: This bill is eminently fair--as fair to the Republicans as they could possibly ask--and from the fact that it wipes out a deep, dark and damnable infamy, which has been on the statute book since the Republican party has been in power in this State, he took great pleasure in voting 'aye."
Mr. MENZIES, when his name was called, said: It will not do for Republican senators to say they are opposed to apportioning the States for congressional purposes, because the last man of them voted for a resolution this morning declaring in favor of a congressional apportionment based on the vote of 1878; and thus they stand committed on the records of page: 46[View Page 46] the Senate as in favor of a congressional apportionment at this time. This objection is an after-thought tramped up for the purpose of wiggling out, when it becomes patent that they have to take their own medicine. It won't do for gentlemen who stand committed by that foul blot on the statute books of 1873 which, like the blood on the hand of the guilty Macbeth, the waters of the world will never wash it out. He voted "aye."
Mr. REEVE,when his name was called, said: As this bill was disclosed to him it makes six Republican and seven Democratic districts. If this be true the Republicans have no reason to complain, until they go back over the history of Indiana legislation since the last apportionment was made, which has been execrated by everybody, even Republicans in every State, and give some satisfactory reason why, during all these years, they have never changed it, and made it, just and equal, as they now claim it, should be made. They are receiving more justice than they themselves administered. In the face of their persistent refusal to correct that which was a shame to the State, and a gerrymander which should make any political party blush, their pleas and appeals to let this matter go now, certainly sinks almost to the level of the ridiculous. Trusting to hear nothing more of this kind from Republicans now, or in any canvass hereafter, he voted ''aye."
Mr. SHAFFER, when his name was called, said he had no great cause for complaint in regard to the congressional apportionment as far as his district is concerned. Having heretofore been in a hopelessly large Democratic district, this bill magnanimously gives us a small show; so he felt not so ungrateful as far as that matter is concerned. But he was reminded of a story told by the senator from Marshall in regard to the boy with a piece of bread and butter, who said the butter was good and the bread was good, but he didn't like the way the damned thing was spread; [Laughter.] so he [Mr. Shaffer] didn't like the way this apportionment bill is spread all over the State, therefore he voted "no."
Mr. WOOLLEN, when his name was called, in explanation of his vote said: This is not just such a bill as he would like to see passed, but as the session is drawing to a close, and as we must take this or the one now on the statute book, and as this, in regard to population and the arrangement of territory, is so far superior to the present law, he voted "aye."
The result of the vote was then announced as above recorded, and so the bill passed.
Mr. BENZ moved to take up the fee and salary bill [H. R. 314]. Mr. KENT moved, as a substitute, to take up the State Prison bill [S. 456]. Mr. HARRIS moved, as a substitute for all, to take up the specific 'appropriation bill [H. R. 640), which was rejected by--yeas 23, nays 26. The motion to take up the prison bill was also rejected by-- yeas 20, nays 29; and then the Senate agreed to proceed with the consideration of the Senate committee's substitute for the fee and salary bill [H. R. 344].
On motion by Mr. SHIRK the vote of yesterday, by which section 6 was adopted, was reconsidered, and the salary of the clerk in the insurance department of the auditor's office was reduced from $1,500 to $1,200.
Mr. HEFRON, in reading the morning paper, noticed that an amendment was made yesterday to section 16, by which the county clerk's fees for entering each order was increased about 100 per cent. or more. He moved to reconsider the vote by which the section and the amendment referred to, was adopted.
These motions were severally agreed to.
AFTERNOON SESSION.
On motion by Mr. WINTERBOTHAM, the House concurrent resolutions providing pay for expenses of House committees in visiting, State institutions, was adopted.
On motion by Mr. LEEPER, the House amendments to his lightning insurance bill [S. 303] were concurred in.
Mr. FOSTER moved to take up his bill [S. 103], and Mr. HEFRON moved to take up the bill H. R. 671; both of which motions were severally laid on the table.
The Senate then resumed the consideration of the committee's amendments to the House fee and salary bill, pending at the time of the recess for dinner.
The item "for entering on the order book each order and minute of the proceedings of the court during term, and reading the same, including the title of the cause, 10 cents- having been read--on motion by Mr. REEVE, the following words were added thereto "when the entry exceeds 100 words, 10 cents; and 10 cents per 100 words for all over 100"--as a substitute for the words added yesterday on Mr. Winterbotham's motion.
Mr. WOOD made an ineffectual motion to reinstate the section numbered 20, which was stricken out yesterday--yeas 16, nays 28,
Mr. KRAMER moved ineffectually to so amend as that county auditors shall receive pay for filing assessment lists and appraisers' returns.
Mr. BURRELL moved to amend by allowing county auditors a fee for filing assessment lists, appraisers' returns, county orders redeemed, and any receipt or voucher.
Mr. TAYLOR moved as a substitute to strike out the allowance of two cents for every paper and voucher filed by the county auditor.
Mr. KENT favored the amendment, but opposed the substitute.
Mr. URMSTON favored the substitute.
Mr. TRUSLER said the auditor of one of the counties he represents gets $2,000 a year, and would not give it up if the salary were but $1,000. He opposed the amendment, as well as the other propositions to increase these fees.
Mr. BURRELL opposed the substitute, and spoke in favor of his amendment.
The substitute was rejected, by yeas 23, nays 23--the Lieutenant Governor giving the casting vote.
The amendment was agreed to.
On motion of Mr. REEVE a, clause in section 25 was made to read "but the Auditor shall not be paid any fees for services in such cases where the county is the losing party and the costs are taxed against the county in favor of the successful party."
Mr. SHIRK made an ineffectual motion to reduce the the for the management of the permanent school fund from one to one-half per cent.
Mr. REEVE moved to strike out the clause requiring county auditors to pay for ail the stationery used in their offices except books and blanks. He said this provision is a preposterous piece of nonsense, and ought to be stricken out."
Mr. GARRIGUS insisted the section ought to stand as the committee left it.
The motion was rejected.
Mr. KENT moved to amend so as to pay the auditor for making out and delivering to the assessor the list of lands, lots and plats, and for the list of road tax furnished by the township trustee.
Mr. KRAMER protested against raising the fees higher than fixed in this bill. This bill now allows the auditor two cents for each paper filed, which is an allowance not contained in the law of '75. The fees of county treasurer in this State are not too high and should not be reduced.
page: 47[View Page 47]On motion by Mr. REEVE the following was substituted for section 26: "Auditors shall furnish all blanks and stationery for affidavits or other documents for parties in which he receives a specific fee for the service rendered in using such blanks or stationery. Provided that the county shall furnish all books stationery and blanks required in doing the public business petaining to the auditor's office.
On motion by Mr. FOSTER the House amendments to his city water works bill [S. 103] requiring a majority of all votes cast, &c., were amended by adding a proviso for damages done to private water power.
On motion by Mr. BENZ the bill [H. R. 401] to legalize the record of certain plats of lots annexed to New Albany, was read, the first, second and third times under a dispensation of the constitutional restriction, and passed the Senate by yeas 41, nays 1.
On motion by Mr. VIEHE, the bill [H. R. 672] to legalize certain acts of trustees of the town of Merom, was read the first, second (by title only) and third times, by suspension of the constitutional rule, and finally passed the Senate by yeas 41, nays 0.
On motion by Mr. MERCER, the bill [H. R. 689] to amend section 74 of the act dividing the State into judicial circuits, etc., of March 6, 1873, affecting the counties of Dekalb, Steuben and Noble, was read a first, second and third times, under a constitutional dispensation, and passed the Senate by yeas 33, nays 6.
On motion by Mr. COMSTOCK, his bill [S. 429] to legalize certain acts of the trustees of the town of Washington, Wayne county, was read the third time and passed by yeas 33, nays 1.
And then the Senate adjourned.
