HOUSE OF REPRESENTATIVES.
SATURDAY, February 5, 1881--9 a. m.The session was opened with prayer by Rev. G. F. Culmer, of this city, after which--
The reading of the journal of the previous day's proceedings was commenced, when--
On motion of Mr. TETER, the further reading was dispensed with.
ELECTION OF PRISON DIRECTORS.
Mr. KENNER offered a resolution that the House of Representatives the Senate concurring, will on Wednesday, February 11 1881, meet in Joint Convention in the Hail of the House of Representatives, at 11:30 a. m., and proceed to the election of one Director for the Prison South and three for the Prison North.
The resolution was adopted.
REPORTS FROM COMMITTEES.
Mr. KENNER, from the Judiciary Committee, submitted a report on the bill [S. 44] in relation to contempt of Court, recommending its passage.
The report was concurred in and the bill ordered engrossed for the third reading.
The Joint Resolution [S. 2]: requesting Congressmen to vote for a repeal of the law giving ta suits by National Banks exclusive privileges in the courts, was finally passed by peas 77, nays 1.
Mr. CARTER submitted a report from the Judiciary Committee on the bill [H. R. 193] in relation to the settlement of decedent estates, recommending its passage, with certain amendments.
The report was concurred in, and the bill ordered engrossed.
ADMISSION TO THE SOLDIERS HOME.
Mr. CARTER submitted a report from the Committee on Judiciary, to which was referred the resolution for the admission of George Menser, of Jefferson County, into the Soldiers' Home, recommending its passage, with certain amendments.
The report was concurred in, and so the amendments were adopted. The question recurring on the final passage of the resolution--
Mr. HUSTON said he was at the Institution with one of the Committees, and considered the passage of this resolution would be adopting a precedent injurious to the Institution as an Orphans' Home. He did not want to vote to benefit any soldier to the detriment of the soldier's children, and did not want it said throughout the State that he voted to furnish a home for a man who was disarmed in firing a gun for the ratification of Governor Porter. He hoped the bill would be voted down and a new resolution introduced, offering proper aid to him or any other soldier, but not to admit such to the Home at Knightstown.
Mr. JOHNSON--I think the gentleman does not understand the law by which that Soldiers' Home was established. The act says: "There shall be established at Knightstown a home for the maintenance of disabled soldiers and seamen, and their orphans and widows, called the Indiana Soldiers' and Seamen's Home." I am gratified that the Committee have reported favorable in this mamatter. This Mr. Menser was one of the first in the Commonwealth who went at the call of our Government, and marched to the front in defence of the Union and civilization. Because he came out unscarred and untarnished, and upon the ratification by his neighbors of the election of Albert G. Porter as Governor of Indiana, he lost both his arm and an eye. I am in favor of this resolution, or any other resolution that is in behalf of the soldiers of Indiana, or any other act that is to the interest of soldiers' orphans and soldiers' widows. Gentlemen, I am surprised that any Republican will get up on this floor and make the statement made by the Member from Vigo. I favor the passage of this resolution, and hope there will not be a dissenting voice.
Mr. MITCHELL said he would not antagonize the resolution in any way, or do anything that would be detrimental to a soldier of the late Rebellion, not because he belonged to the Democratic side of this House, for he honored the cause for which the soldier fought as much as any man, but whether it would be establishing a good precedent, whether the result would be a good one in mixing men with these orphan children--that is the question. Thinking it would produce a bad result, he opposed the resolution.
Mr. LINDSAY read the act of 1867 in relation to this Institution, which is as follows: "There shall be established at Knightstown a home for the maintenance of sick and disabled Indiana soldiers." It goes on further and admits "seamen and their orphans." There is nothing in this to prevent soldiers going there. It does not matter whether the managers are willing to receive such men or not. The law says "they shall be received." Let us spend no more time upon this resolution.
Mr. RYAN thought the resolution exercised a power which it did not possess. This Institution at Knightstown is created according to law, as previously referred to. The regulation and introduction is fixed by specific statute, and when a Legislature infringes upon that provision, it is exercising unwarranted power. The law provides "There shall be established at Knightstown, Rush County, Indiana, a Home for the maintenance of sick and disabled soldiers, seamen and their orphans." Some gentlemen will construe this clause to mean any other person that has been disabled in the service of the Army of the United States. It does not make any difference whether the gentleman has been in the service of the United States or not, but "he must have received his injuries during such service." I submit to you, sir, that the language of this act excludes the person proposed to be admitted to this Home under this resolution. I do not wish to be understood as putting myself in hostility to any measure or regulation of this Institution, but I think it is my duty in this body to try to protect this Home from an intrusion of this kind. It would be establishing a precedent that would result in the destruction of that Institution, therefore I am opposed to it.
page: 137[View Page 137]Mr. MARSHALL--If this man has lost both arms and one eye, I ask, Mr. Speaker, if that is not sufficient grounds that he should have the privilege of entering an Institution that has been erected by the people of Indiana for the protection of her crippled soldiers? In the name of justice, humanity and right, I would ask that this Assembly vote this resolution into effect.
Mr. MOODY--If the law creating that home for this class of persons prohibits persons being accepted there except when they vere wounded in the services of the country, this resolution changes that law-otherwise this resolution would not have been sent in the form of a petition asking his admission. Inasmuch as the law provides that he could not be admitted there except he be wounded in the war, they sent the petition in here, asking us to admit one who has been a soldier in the service of the country. He is an honorable man and is deprived of the use of his hands and an eye, and is in the spirit and contemplation of the law, entitled to a home in that Institution. We ought to remember that we are simply human beings, sent here to legislate for the citizens of Indiana. We ought to take into consideration each case as it comes before us, and if we are satisfied, under the circumstances, that we ought to permit even against the letter of the law, a donation to be made, we ought to do it, and I think in this case this petition is one justly worthy of our consideration. I for one am able to rise above party spirit, and vote that this man be admitted into the home of this Institution.
Mr, JOHNSON said he was surprised that Republicans have not been more magnanimous in this matter; that it was clearly a question of law the Legislature has a right to settle, and he did not believe that the man should be deprived of the benefits of this home simply upon legal technicalities.
The resolution was adopted--yeas, 56; nays, 32.
Pending the roll-call, when his name was called--
Mr.BERRYMAN said that his Republicanism has never been questioned by Democrats, but he could not vote with the Republicans in this case, because he thought the resolution was one that should not be passed, the object of the Institution was not such as this resolution implied. As a Republican he was willing to put his hand into his pocket and contribute to this man's necessities, but on the passage of the resolution would have to vote no.
Mr. CARR, in explanation of his vote, when his name was called, said he thought the resolution usurped authority far beyond what the law authorized, and therefore voted "no."
Mr. GILLUM, when his name was called, said, as he believed the Legislature would be doing a magnanimous act by the passage of this resolution, he would vote yes.
The vote was then announced, as above, and so the resolution passed the House of Representatives.
REPORTS FROM COMMITTEES.
Mr. HOWARD, from the Judiciary Committee, submitted a report on the bill [S. 36] in relation to decedent estates, recommending its passage.
The bill was read the second time, and the report concurred in.
Mr. CAUTHORNE, from the Committee on the Judiciary, reported back the bill [S. 29] in relation to Justices of the Peace, recommending that it lie on the table.
The report was concurred in.
Mr. RYAN submitted a report from the Judiciary Committee on the bill [H. R. 134] in relation to short-hand reporters, recommending its passage with amendments.
The report was concurred in, and the bill ordered engrossed.
Mr. TETER submitted a report from the Judiciary Committee on the bill [S. 96] in relation to recording patents issued by the United States, recommending its passage.
The report was concurred in, and the bill ordered engrossed.
Mr. RYAN submitted a report from the Committee on Education on the bill [H. R. 51] authorizing School Officers to purchase books for the use of schools, recommending its passage.
Mr. MORGAN moved to amend Section 1 so as the Trustee of Township or County is to buy books for orphan children that may be too poor to buy such books; provided, that the Trustee shall use sound discretion as to what children are unable to purchase such books.
Mr. COLE moved to strike out the words "or higher than the Fourth Reader."
The bill with the amendments was recommitted to the Committee on Education.
Mr, BUSKIRK submitted a report from the Committee on Education, on the bill [H. R. 46]: consolidating the Congressional Township funds for the purpose of loaning the same, etc., recommending its passage.
The bill was read the second time, the report concurred in and and the bill ordered engrossed.
Mr. MORGAN submitted a report from the Committee on Education on the bill [H. R. 54]: relating to County Superintendents, recommending indefinite postponement.
The report was concurred in.
Mr. MORGAN, from the Committee on Education, reported on the bill [H. R. 6]: to provide for a general system of common schools, recommending its indefinite postponement.
The report was concurred in.
Mr. MORGAN submitted a report from the Committee on Education, on the bill [H. R. 74] amendatory to the Common School act, recommending its passage.
The bill was read the second time, the report concurred in, and the bill ordered engrossed.
Mr. VAWTER introduced the following resolution:
That the Committee on Ways and Means include in the specific appropriation bill, provision for the payment of $480 to Messrs. Works, Sleeth, Golden and Huthsteiner. members of the last General Assembly, their per deim for twenty-four days' services.
It was referred to the Committee on Ways and Means.
Mr. THOMPSON submitted a report from the Committee on County and Township Business, on the bill [S. 39] to provide suitable asylums for the occupancy of indigent children, recommending its passage.
The report was concurred in.
Mr. FURNAS from the Committee on Agriculture, submitted a report on the bill [H. R. 155] concerning license to shows and caravans, recommending the passage of the bill.
The report was concurred in, the bill read the second time and ordered engrossed.
Mr. FURNAS, from the Committee on Agriculture, reported on the bill [H. R. 172] requiring Railroad Companies to destroy Canada thistles, recommending the passage of the bill with amendments.
The report was concurred in, the bill read the second time and ordered engrossed.
Mr. FURNAS, from the same Committee, reported on the bill [H. R. 150], to amend an act concerning inclosures, trespassing animals, etc., recommending its passage with amendments.
The report was concurred in, the bill read the second time and ordered engrossed.
Mr. COTTON, from the Committee on Cities and Towns, submitted a report on the bill [S. 64], to amend Section 1 of an act authorizing cities and towns to issue bonds, etc., recommending its passage with amendments.
An amendment was offered providing that, "the bonds shall be payable at any time, and that a sinking fund be levied."
page: 138[View Page 138]On motion, the bill, with the amendments, was recommitted to the same Committee.
The Committee on Statistics and Emigration reported on the bill [H. R. 195], to enable two or more Agricultural or Horticultural Societies to consolidate, recommending its passage.
The report was concurred in, and the bill was ordered engrossed.
Mr. RYAN, from the Committee on Revision of Statutes, submitted a report on the bill [H. R. 226]: Concerning pardons, recommending its passage.
The report was concurred in and the bill ordered engrossed.
Mr. RYAN submitted a report from the Committee on Revision of Laws on the bill [H. R. 227]: Concerning Presidental Electors, recommending its passage.
The report was concurred in and the bill ordered engrossed.
Mr. RYAN, from the Committee on Compilation of Laws, reported on the bill [H. R. 225], concerning elections and contest thereof, recommending its passage.
The report was concurred in, read, and the bill ordered engrossed.
Mr. KENNER moved that the House convene on Monday at 10:30 a. m.
The motion was agreed to.
Mr. GIBSON submitted a report from the Committee of the two Houses on the Revision of Laws on the bill [H. R. 237], concerning landlord and tenant, recommending its passage.
The report was concurred in and the bill ordered engrossed.
NEW PROPOSITIONS.
The following described bills were read the first time and severally referred to appropriate Committees:
By Mr. HUFF, the bill [H. R. 276]: To amend Section 194 of an act to provide for a uniform assessment of property and the collection and return of taxes thereon; approved December 1, 1872.
By Mr. HUFF, the bill [H. R. 277]: To regulate the sale of medicine and poisons. [Any person so selling must be a pharmacist.]
By Mr. HARGROVE, the bill [Ii. R. 278]: To amend Section 199, to provide for a uniform assessment and collection and return of taxes. Approved December 21, 1872.
By Mr. HARGROVE, the bill [H, R. 279]: To amend Section 1. of an act to amend Section 21 of the act describing the duties of Justices of the Peace in State prosecutions. Approved May 29, 1852. [The Justices of the Peace shall, on the first Monday in January and July of each year, pay over to the Treasury of the County all moneys received for fees and fines due the County remaining in his hands, for the use of the Common Schools. and also deliver a statement to the Treasurer stating the source from which it was derived.]
By Mr. WRIGHT, the bill [H. R. 280]: To legalize the election of officers of incorporated towns in this State, and also to legalize the orders, ordinances, by-laws, rules, regulations, appointments, elections, proceedings and official acts of the Boards of Town Trustees and the Boards of School Trustees, and the official acts and proceedings of all other officers of such towns made, done, ordained and performed by such Boards or officers since the year 1877, under and in compliance with the laws in such cases made and provided.
By Mr. BEATTY, the bill [H. R. 281]: To give security to persons who contract with railroad corporations and sub-contractors, such persons performing work or labor in the construction of same, etc.
By Mr. BEATTY, the bill [H. R. 282]: To authorize any Railroad Company now organizing or which may be organized under the laws of the State of Indiana to purchase other roads.
By Mr. AKIN, the bill [H. R. 283]: To legalize the corporation of the town of Argos, Marshall County, Indiana, the acts of the Board of Trustees of the town and official acts of every officer of said town.
By Mr. STEWART, the bill [H.R. 284]: Fixing the time of holding the Circuit Court in the Fifth Judicial Circuit, describing the term thereof.
By Mr. STEWART, the bill [H.R. 285]: To exempt certain pensioners. [Pensioned soldiers, wounded during the late war, to be exempted from paying poll tax.]
By Mr. O'Neal, the bill [H. R. 286]: To make an appropriation to Purdue University. [The sum of $20,000 to be appropriated annually, to be expended by, and under the direction of, the Board of Trustees for the payment of current expenses, repairs, improvements, etc., in all the Departments, also the salaries of officials.]
By Mr. O'NEAL, the bill [H. R. 287]: To repeal Section 10 of an act concerning married women, approved March 25, 1879. [To repeal that clause which provides that a married woman shall not be liable as bondsman of her husband or other person.]
By Mr. HAM, the bill [H. R. 288]: To provide for the reimbursement of civil Townships and Counties of the State of Indiana in cases where any of such Townships less than the whole number of Townships in the County, have heretofore, or shall hereafter, vote a tax to aid in the construction and building of any railway, any part of which shall be located in the County in which the Township voting the tax may be situated, such reimbursement to be made from the taxes collected in any such County from any Railway Company for which the tax is voted, and other matters properly connected herewith.
By Mr. HAM, the bill [H. R. 289]: To amend Sections 2, 12 and 13, to enable owners of wet lands to drain and reclaim them, when it can not be done with affecting the land of others.
And then the House adjourned to meet Monday at 10:30 a. m.
