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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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HOUSE OF REPRESENTATIVES.

WEDNESDAY, February 2, 1881--9 a. m.

The session was opened with prayer by Rev. H. C. Mabi , of the First Baptist Church, this city.

The reading of the journal was commenced, and on motion, the further reading was dispensed with.

Mr. MASON offered a resolution that two more members be appointed on the Special Committee to investigate the charges made against he Deaf and Dumb Institution.

The resolution was adopted.

The SPEAKER appointed Mr. Stewart an Mr. Teter as additional members of said Committee.

Mr. KENNER moved that the Constitutional Rule be suspended, and the bill [S. 158] to authorize the Board of Revision to employ a Clerk, be taken up, read the second time by title, the third time by sections, and put upon its passage. It was agreed to--yeas, 44; nays, 4.

The bill passed by yeas, 69; nays, 22, with certain amendments.

Mr. MILES moved to reconsider the vote by which this bill was passed.

On motion by Mr. NEFF, the motion was laid on the table--yeas, 47; nays, 43.

NEW PROPOSITIONS.

The following described bills were introduced, read the first time and passed to the second reading:

Mr. SULZER [H. R. 267]: Authoring County Superintendents to collect fines and unclaimed fees Justices of the Peace.

By Mr. SULZER [H. R. 268]: To repeal and amend portions of an act regulating the license and sale of spirituous, vinous and intoxicating liquors, and prohibiting cities and towns from granting license. [To enforce the provision of the present license law by increasing the penalties attaching to drunkenness, by severely punishing minors who represent themselves to be of age, and by increasing the penalty against persons convicted of selling without license. It is in no wise intended to encourage prohibitory legislation but only provides for the more stringent enforcement of the present laws.]

By Mr. WALZ [H. R. 269]: To amend an act regulating general elections. [Each Inspector, Judge and Clerk of election to receive $1.50 for everyday employed and attending such election, except that whenever more than 300 votes are taken at any poll, the Board of County Commissioners shall make such compensation as shall be just and reasonable].

By Mr. NEFF [H. R. 270]: To amend Section 5 of an act to provide for a general system of Common School, ect. [Fixing salaries and fees of officers, and the township to elect a Trustee to seve for one year].

By Mr. NEFF [H. R. 271]: Concerning the Clerks of the General Assembly. [The principal Secretary of the Senate and Chief Clerk of the House shall each appoint one Reading Clerk, one Register Clerk, one File Clerk. Clerks not to receive salary except when on actual duty, and Committee Clerks not to receive pay until after the Committees meet.]

By Mr. MURRAY [H. R. 272]: To amend Sections 2 and 3 of an act, and amend Sections 4, 6 and 7 of an act to provide for the election of a Reporter of the Supreme Court, etc. approved March 7, 1877. [The Secretary of State shall not receive such reports unless the same comply fully, in all respects, with the provisions of this act, and shall deliver to said Reporter a certificate stating the number of the reports for the sum of $2.50 per volume for each report.]

By Mr. MURRAY [H. R. 273] to legalize the board of Trustees of the town of Ridgeville, Randolph County, Indiana. [The levy and assessment of taxes and all other official duties performed heretofore.]

By Mr. SMELZER [H. R. 274]: Concerning Gravel Road and other Turnpike Companies.

By Mr. COOPER [H. R. 275]: Prescribing the qualifications necessary for the office of the County Superintendent and declaring who shall be eligible to said office, and providing for the election of school teachers by the qualified voters of the several School Districts of the State.

[The bill provided that the County Superintendent shall be elected for a term of two years, at the general elections, after the taking effect of this act, and that the State Board of Education shall be required to examine all persons who shall apply to them, touching their qualifications to hold the office of County Superintendent, and give li- page: 115[View Page 115] censes according to their fitness, as determined. Without this license no person shall be eligible to the office of County Superintendent, and, if he desires to be a candidate for such office in his County, he shall advertise the possession of this license sixty days prior to any election at which a Superintendent is to be chosen in the County, in two newspapers of the County having the largest circulation, provided they shall be of different political parties. No person now serving in such office shall be subject to the examination during the term for for which he was elected. The bill further provides that the School Board of any District or Township shall, not more than Sixty days prior to the opening of a school term, call a meeting of the patrons at the school house or school houses, and these shall be the qualified electors, who shall proceed at once to elect a teacher for the ensuing term.]

COMPULSORY EDUCATION.

Mr. Meredith moved that the bill [H. R. 8] concerning compulsory education be postponed till next Wednesday at 11 o'clock, for the reason that the House has had no time to consider the bill fully, as the printed copies were only laid on our desks this morning.

Mr. RYAN--it will take no longer to dispose of the reports of the e Committee on this bill now than it will at a subsequent time. This bil was ordered printed more than a week ago. The bill is before the House for final action, and I see no reason why the postponement should be made. Therefore I am opposed to the motion.

Mr. FANCHER--My attention was called to the bill to-day, after the motion was made; not having seen the bill, it is a matter that deserves some consideration, and before going into the discussion of this matter every member should satisfy himself before voting upon these reports, because the purpose to be effected at present in regard to these reports will determine the result of this bill. I do not believe there is a man on this floor who will go further toward the improvement of the educational interest of this State than I will, and I think it due every member upon this floor that this matter be deferred until next Wednesday,

Mr. CAUTHORNE hoped the gentleman from Dearborn County (Mr Ryan) would not press the passage of this bill. It was referred to the Committee, and the members sent it back for certain proposed amendments. The order of the H_use was that the majority and minority reports of the Committees and the bill be printed. That has not been done, therefore we have not yet the bill in the shape that it is pending, and therefore hoped the motion for deferment would prevail.

The motion to postpone was agreed to.

WORK FOR COMMITTEES.

The following described Senate bills and a joint resolution was read the first time and severally referred to appropriate Committees.

The bill [S. 135] to legalize the acts and proceedings of the Board of Commissioners of Blackford County, and other persons, in relation to the drainage of wet lands in said County.

The bill [S. 32] to amend Section 2 of an act concerning the organization of voluntary Associations.

The bill [S. 27] to amend Section 1 of an act to provide for the election and qualifications of Justices of the Peace, defining their jurisdiction, powers and duties in civil cases, approved March 9, 1852.

The bill [S. 28] prohibiting the sale of pools.

The bill [S. 36] to amend Section 26 of an act for the settlement of decedent estates.

The bill [S. 44] to amend Section 10 of an act touching contempt of Courts.

The bill [S. 76] authorizing and legalizing the recording of land patents.

The bill [S. 23] to protect the elective franchise.

The joint resolution [S. 2] requesting Indianians in Congress to use their influence toward the repeal of so much of the acts of Congress as confers special jurisdiction upon the Circuit and District Courts of th United States of suits by and against National Banks, resident of the State, without regard to the amount involved in such suit.

The bill [S. 108] to amend Section 3 of an act touching the laying out and treating of towns, streets, public squares, etc.

THE LEGISLATIVE VISIT.

Mr. CAUTHORNE offered a resolution that the Members of the Legislature tender to the citizens of Lafayette and the President, Faculty and Trustees of Purdue University thanks for cordial and magnificent reception and the marked courtesy extended on the occasion of their late visit to that city for the purpose of examining and inspecting Purdue University.

Mr. KENNER--For the benefit of those who were not present, I can say that the hospitality of the people of Lafayette was grand.

Mr. Teter said he had highest degree of respect for the gentleman who offered the resolution and for every other gentlemen in the House who votes in favor of it, but yet he was opposed to the resolution, notwithstanding the fact that we were most hospitably entertained, and thoguht we were not under any "thanks" at all to the people of Lafayette for the reception tendered on yesterday. It was all very nice, but he thought there was an object in it. He doubted the approval of the constituents of most members of the Assembly in taking such excursions, and would be willing to say on the streets that the Legislature was very well entertained, but did not approve of "handing back" any "thanks" for them by resolution.

The resolution was adopted.

The bill [S. 10] to empower County Commissioners to convey cemeteries and provide for the management and control thereof, being road the second time--

Mr. THOMPSON moved to amend by inserting appropriately the words: "All such persons being residents of the County."

Mr. CARTER made a motion which was agreed to, that the bill be recommitted to the Committee on Township and County Business.

The bill [S. 39] to authorize County Commissioners to establish asylums for indigent chi_dren. was read the second time and passed to the third reading.

CITY AND TOWN BONDS.

The bill [S. 64] to amend Section 1 of an act authoriz_ng cities and towns to issue bonds for the purpose of funding their indebtedness, being read the third time--

Mr WRIGHT said he was opposed to the bill, because it did not limit as to the time that the bonds issued run, and favored the reducing of the rate of interest on the bonds where it can be done. The bill provides that two-thirds of the Trustees or Council can issue these bonds payable at any time and place, and the rate of per cent. on the bond shall not exceed 6. The discretion as to the time that bonds shall run has been refused time and again by Boards of Trustees in this State. Another thing, that bill provides that when the bonds are issued, that a sinking fund shall be assessed for the payment of those bonds. Suppose the Trustees of a town in this State issue bonds and take up the old bonds, and the new bonds, say run ten years; suppose sinking fund taxes are levied annually and are collected semi-annually of the tax-payers of the town, what is the use of the money thus collected? The fact is, all of this sinking fund tax, under the provision of that bill, will lie in the hands of Town Treasurers. They reap the profits of the sinking funds. There ought to be a limit placed in the matter of selling bonds by towns, Counties and cities. The bonds should fall due only as fast as the people page: 116[View Page 116] pay their money for taxes, and the money be paid directly on the bonds and not permit the Treasures to have the use of this moeny. He did not believe it was good policy to impose upon our children any bonded debt, but favored paying off the bonds ase arly as possible.

Mr. MARSHALL stated that the object of the bill was to help the cities and towns to refund the debt at a lower rate of interest; that during the panic almost every city and town in the State of Indiana built public buildings and sold their bonds on security to erect those buildings, and now they ask, for the purpose of enabling to a lower rate of interest. Inasmuch as it did not meet with the approbation of some members here, he moved that bill be referred to the Committee on Cities and Towns.

The motion was agreed to.

Mr. FANCHER offered a resolution that a Committee of three appointed to consider the expediency of establishing a State Educational Institution somewhere near the center of the State.

It was laid on the table.

SENATE BILLS ON THE THIRD READING.

The bill [S. 12], authorizing cities and incorporated towns to vacate cemeteries within or adjoining their corporations limits, upon conditions, ect., being read the third time--

Mr. KENNER said the bill was directly applicable to his town (Huntington), there be two unused cemeteries almost in the center of the town, which were being trampled over by cattle. There seems to be no law touching this case, and he thought the bill was legislation in the right direction.

The bill passed by yeas, 88; nays, 0.

The Senate concurrent resolution for a request of Indiana Congressmen to favor the passage of an act appropriating $100,000 for the purpose of making navigable the Kankakee River, coming up in order, it was read an adopted.

The bill [H. R. 34] to provide for a Police Judge for the city of Indianapolis, was read the third time.

Mr. NEFF had two objections to the bill. It purports to be a bill of special jurisdiction. The title of the office created by the bill is "Police Judge." He though it was a useless bill, and ought not to pass, as there were some dangerous provisions in it,

Mr. McSHEEHY said he was requested by the City Council, who were the representatives of the people, to introduce the bill, and gave it as his understanding that every Representative from this county was in favor of the bill.

The bill then passed by--yeas, 80; nays, 12.

The Committee for the Investigation of the Reformatory Institution was made to consist of the Messrs. Wright, O'Brien and Cummings.

The House adjourned to meet to-morrow at 9 a. m.

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