THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Jan. 28,1879, 10 o'clock a. m.The session was opened with prayer by Rev. Mr. TEVIS, of the Methodist church, of this city.
Petitions were presented from the counties of Johnson and Marshall for a local option license law, and for a constitutional amendment prohibiting the sale and manufacture of intoxicating liquors as a beverage.
Dozens of bills were returned by the several standing committees with reports thereon, which were placed on the files without reading,
Mr. MENZIES offered the following:
Whereas, The public burdens have become so onerous that, retrenchment and economy are necessary in every branch of the public service; and,
Whereas, the belief is widespread in this State that the expense of education is too great, and that the public schools and the revenue set apart and created for their support are being managed and operated in conflict with the constitution of the State, and at variance with the wishes of the people, and that great abuses have grown and become a part of our system of education; and,
Whereas, Expending public revenue for establishing and maintaining what are known as "high schools," and the further maintaining of colleges and universities, is a violation of the constitution; and,
Whereas, The present laws of this State foster the abuses aforesaid, and have been interpreted and executed to that end; therefore, be it
Resolved, That every effort should be made to keep taxation for common school purposes, and the use of the common school fund of the State, within the limits defined by the letter and spirit of the constitution of the State.
Resolved, That the committee on education be and are hereby instructed to report, at their earliest convenience, a bill revising our school laws, prohibiting the expenditure of school funds and revenue for any other than common schools; prohibiting frequent changes in text books putting a limit to and a check upon the extravagance of township trustees and school boards in erecting costly school houses, and filling them frequently with expensive and unnecessary furniture, and repealing all law by which any college or university within this State draws money from the public treasury.
Mr. SARNIGHAUSEN offered the following as supplementary to the above:
Resolved, That the State superintendent of public instruction is hereby requested to furnish at his earliest convenience, to the Senate, a statement as to what extent the local school levies, now authorized by law, can be reduced without injury to the public schools of the State.
Mr. MENZIES: Only 3 or 4 in the high schools, out of classes of 50 or 60, usually graduate, and they generally all apply for teachers' license; in other words, the State is called upon to keep up schools for the manufacture of teachers. The State might as well educate lawyers, doctors, or blacksmiths. At the Purdue University they educate pupils to be farmers--to learn how to plough, and raise shanghai chickens. Are we to misappropriate funds of the people in this way? Let us meet these evils bodily and not shirk the issue.
Mr. WOOD: If the resolution means to reduce a just and necessary expenditure, he should oppose it, as a friend to education. So much under our theory of government depends upon education--our government could not exist one day but for a good system of education--is it not just to qualify people in this State to teach the common schools?
Mr. LANGDON was glad to see the gentlemen ta&e so lively an interest in this old question; they will have abundant opportunity before the close of the session to ventiliate the question of appropriating money to the cause of higher education, and we can settle it without frittering away the morning hour on a resolution like this.
Mr. SARNIGHAUSEN assured senators this resolution shall not die in the committee room, and that it shall receive the most careful consideration at the hands of the committee.
Mr. DICE insisted this resolution should be page: 77[View Page 77] ' acted upon now. It suggests to the Senate where we shall stop in the matter of education. When the State provides a common school education for the children of the State, she has done her whole duty. She can not furnish education for all the trades, and she ought not to educate either farmers, lawyers or teachers. There is no branch of the public service hears so onerously on the people of the State as the expenses for education The annual appropriations to the higher schools ought not to be made.
Mr. REEVE: The Committee on Education is organized to aid the Senate to reach ajust conclusion in the consideration of matters relating to the subject of education. If this resolution is adopted it commits the Senate to a proposition of very grave importance, which would be attended with disadvantage, but its reference to the committee can be productive of no harm. He favored the proceeding motion.
Mr. WINTERBOTHAM knew that every year for many sessions these higher institutions of learning come in here asking for appropriations for the education of a privileged few in one of the high schools, to his knowledge, $900 a year is paid to a fiddler.
Mr. STREIGHT favored the State giving the best possible education to the whole people, but it is improper to do for the few what can not be done for the many. The State can not give a college education to all, therefore he favored the principle embodied in the resolution. He hoped the committee would not throw it. aside as impracticable, but give to it careful consideration.
On motion of Mr. LANGDON, the resolutions were referred to the committee on education.
Mr. FOSTER made an ineffectual motion yeas 31, nays 14 to reconsider the vote adopting the resolution authorizing the printing of all bills which are reported from standing committees with such recommendation.
Mr. TAYLOR offered a resolution for instruction and request of Indiana congressmen to procure the enactment of a law making greenbacks subject to taxation.
It was referred to the committee on finance.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally referred to appropriate committees, as follows:
By Mr KRAMER, [S. 268] to fix court terms in the Second judicial circuit.
By Mr. REEVE, [S. 269] to prohibit the leasing or renting of dwellings or tenant houses, to be occupied by prostitutes or gamblers.
By Mr. STREIGHT, [S. 270] to reduce the number of superior judges in Marion county to three.
By Mr. COMSTOCK, [S. 271] enlarging the jurisdiction of mayors and justices.
By Mr. LEEPER, [S. 272] placing companies organized for manufacturing, mining, printing, etc., on the same footing as to taxation with private individuals.
By Mr. LANGDON, [S. 273] relating to influencing jurors and supplemental to the act of June 14, l852, defining felonies.
By Mr. RAGAN, [S. 274] for the relief of Thomas N. Jones, of Hendricks county, from a judgment taken against him on the official bond of L. S. Shuler, late warden of the Southern Penitentiary.
By Mr. REEVE, [S. 275] to secure more perfect legislation and facilitate the passage and perfection of laws--creating a board of five attorneys, appointed by the governor, to be known as the "Legislative Commission," whose duty it shall be to examine and put in proper shape every bill submitted to it by members of the General Assembly.
By Mr. MENZIES [S. 276] regulating submission to the supreme court whenever the issues are complete by joinder in error, and where error is joined after filing the record of the cause in such court.
And then came the recess till 2 o'clock p. m.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR laid before the Senate the first official communication from the secretary of State since assuming the duties of his position, as follows:
Hon. ISAAC P. GRAY, President of the Senate:
SIR--In response to the resolution of the Senate requesting the secretary of State to lay on the desk of senators one copy each of the Brevier reports. I beg to say that such reports were duly delivered on Monday last.
Respectfully, etc., GILBERT SHANKLIN, Secretary of State.
On motion by Mr. VIEHE, the bill reported yesterday by the Judiciary committee as a substitute for all bills on the subject of interest, was taken up, given a new number [S. 277] and read the second time. It fixes the legal rate of interest at six per cent., on written contracts eight per cent, and permits the renewal of existing contracts at the rate of interest originally agreed upon.
By Mr. REEVE, [S. 278] providing who may practice medicine and surgery and carry on the business of apothecary and pharmaceutist.
By Mr. WILSON, by request, [S. 279] legalizing acts of Notaries Public done after the expiration of their commissions.
By Mr. COMSTOCK, [S. 280] supplementary to the act to establish public libraries, of February 16,1852, defining the powers and duties of Township Trustees in relation to libraries established for the use and benefit of all the inhabitants of the Township by private donation.
By Mr. FOWLER, [S. 281] making the legal rate o" interest six per cent.
By Mr. BENZ, [S. 282] to repeal sections 1, 2 and 3 of the act of March 13, 1875, supplemental to the assessments of property.
By Mr. WOOD, [S. 285] to declare one-half of all fines imposed in any county of this State for violation of the criminal laws for the use and work of the public highways, etc.
By Mr. REEVE, [S. 286] in relation to voting in case of levy of special taxes or assessments by towns, cities and such other authority as may be authorized by law to levy and collect special taxes or assessments; declaring who may and who may not vote in any proceeding in the nature of a decision by ballot, etc., and other matters properly connected with the subject matter.
By Mr. URMSTON, [S. 287] to amend section 1, of an act of February 19, 1857, authorizing the appointment of special administration.
By Mr. VIEHE: [S. 288] by request, to amend section 56,78 and 354 of the general practice act of June 18, 1852.
By Mr. REEVE, [S. 289] defining vagrancy, authorizing the arrest of vagrants, and requiring them to labor, and prescribing penalties for vagrancy, etc., for restraining and controlling vagrants, prescribing duties and liabilities of railroad companies, etc.
By Mr. REEVE, [S. 290] creating a Bureau of Labor statistics, the appointment of a commission and appropriating money for carrying on the same. The Governor to appoint a commissioner who shall name his assistant.
By Mr. REEVE, [S. 291] relating to the em-[ployment] page: 78[View Page 78] [em]-ployment of mechanics in and about the benevolent and penal institutions and other public buildings belonging to the State.
By Mr. REEVE, [S. 292] to preserve documentary evidence on file in the courts of this State; prohibiting the entry of judgments and other evidence of debt until the original shall be filed and endorsed.
By Mr. TAYLOR, [S. 293] to amend sec 19 of the act of May 29, 1852, prescribing the power of justices in State prosecutions.
By Mr. WILSON, [S. 291] to encourage the killing of chicken hawks.
The bill [S. 15--Mr. Comstock's] regulating the numbers and qualifications of petit jurors, was indefinitely postponed.
The bill [S. 26--Mr. Wood's] declaring swamp land patents and records thereof, evidence, coming up with a committee report recommending indefinite postponement--
Mr. WOOD gave reasons why such a measure should become a law.
The report was rejected, and on his motion the bill was laid on the table for the present.
The bill [S. 13--Mr. Wood's] authorizing guardians to settle the estate of deceased wards, coming up with a majority report embracing an amendment. The report was concurred in and the bill ordered engrossed for the third reading.
The bill [S. 38--Mr. Trusler's] regarding the letting of contracts for the building of bridges, coming up with a committee report recommending indefinite postponement.
Mr. TRUSLER opposed concurrence in the reports--stating reasons and considerations why the bill should become a law. He was wilting it should lie on the table till senators had time to more carefully examine its provisions.
On motion of Mr. COMSTOCK it was laid on the table and then the Senate adjourned.
