THE
BREVIER LEGISLATIVE REPORTS
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE
FRIDAY, February 11, 1881--10 a. m.The LIEUTENANT GOVERNOR commanded attention while Rev. Mr. Broyles (colored) offered prayers.
STATE BOARD OF FISHERIES.
On motion by Mr. WILSON, his bill [S. 24] authorizing the appointment by the Governor of a Commissioner of Fisheries, was read the second time.
Mr. SAYRE moved to amend the bill by increasing the appropriation from $1,000 t $3,000.
Mr. WILSON said this bill was framed y one of the best pisticulturists in the State. Under its provisions great benefit will result to the entire people of the State. The portion relative to the duties of the Commissioner is largely copied from the law of Michigan. It is exceedingly modest so far as the proposed expenditure is concerned. This is an untried experiment in Indiana, and he had no objection to the amendment. A similar bill pending in the House appropriates $5,000.
The amendment was agreed to, and the bill ordered engrossed for the third reading.
On motion by Mr, COMSTOCK, the last two votes were severally reconsidered.
Mr. WOODS thought $1,000 would not be sufficient. There ought to be at least $3,000 to make a fair experiment. It will require about one year of careful study to establish a place, and $1,000.
On motion by Mr. BUNDY, the appropriation was fixed at $2,000.
The bill was ordered engrossed.
CONSTITUTIONAL CONVENTION AND
AMEND-
MENTS.
The Senate proceeded to the consideration of the special order, being the bill [S. 3] for the calling of a Constitutional Convention, and the bill [H. R. 15] for a resubmission to the people of the proposed Constitutional Amendments.
Mr. COMSTOCK asked for consent to amend the bill [H. R. 16] so as to fix the date of the election at March 7, 1881.
Mr. MENZIES and Mr. VIEHE objected to considering the amendment, simply on the ground that the time proposed is much too short.
Mr. CHAPMAN thought there ought to be no objection to the hearing of the amendment, as to what time will depend on the vote of the Senate afterward as to the day, for there was an understanding that these bills should move along together.
On motion by Mr. LANGDON--yeas, 27; nays, 22--the order for the engrossment of the Senate amendment was set aside.
Mr. COMSTOCK moved to fix the day at March 7.
Mr. BROWN moved to amend by making it the first Tuesday in April.
Mr. GRUBBS offered a substitute, making the day Monday, April 4.
Messrs. Comstock and Brown withdrew their amendments.
The substitute amendment was agreed to without division.
The bill [H. R. 16] was then read the third time.
Mr. KRAMER moved that the further consideration of these bills be postponed till Wednesday next, at 10:30 o'clock a. m. They have been postponed for the accommodation of gentlemen on the other side. and now that one of our members is not present--one who took a very active part in the discussion of these bills-he thought it but right and fair that the postponement should be had.
Mr. OWEN was satisfied that the Senators referred to (Mr. Bell) did not think of this vote being taken to-day, or would have made arrangements more definite for a pair. He was willing to abstain from voting on the Constitutional Convention bill, but on the final vote on the bill resubmitting the Constitutional Amendments, was not willing to refrain from voting, inasmuch as the Senator from Johnson (Mr. Brown) gave notice that the final vote would be taken to-day.
Mr. BENZ said he is the only Senator who has not yet gone home. He stayed here two days twice on account of the coming up of this bill on the Constitutional Amendments, and as he wanted the vote on that bill to come off to-day, he should vote against the motion to postpone.
The motion was rejected by yeas, 22; nays 27.
The LIEUTENANT GOVERNOR declared the first vote will be on the passage of the bill S.3, for calling a Constitutional Convention, and that the Senator from Jackson [Mr. Brown] was entitled to the floor.
Mr. BROWN--As it was so near noon he would like to have the matter laid over till after the page: 169[View Page 169] election of Prison Directors, which takes place at 2 o'clock.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. KRAMER, his bill [S. 67] to extend the terms of Township Trustees to two years, etc., having been heretofore read the third time, was passed by yeas, 40; nays, 1.
The Revision Committee's bill [S. 169] to authorise guardians for persons of unsound minds, ect., being read the third time--
Mr. COMSTOCK said--The only amendment of the present law is to Section 4, and provides that where the party is absent from Court, it requires the affidavit of some respectable person that the party alleged to be insane can not, without injury to his personal health, be brought into Court, and thereupon his presence in Court may be dispensed with.
The bill passed by yeas, 46; nays, 0.
The Committee on Revision's bill [S. 212], requiring ferrymen to obtain license from County Commissioners and prescribing rules and regulations for the government of ferry keepers.
Mr. MENZIES explained that the only change is to affect the owners of ferries in Illinois and Kentucky, to be regulated and governed by regulations and fees of the County Boards.
The bill passed by yeas, 49; nays, 0.
A Committee from the House of Representatives appearing at the bar of the Senate, its presence was announced, and being recognized by the Chair--
Representative TETER said: A Committee of the House had come by direction of the House to inform the Senate the House was in waiting for the Senate to appear in the Hall of the House in Joint Convention for the purposes set forth in a concurrent resolution adopted heretofore--
And thereupon Senators left the Chamber and proceeded to the Hall of the House.
When Senators had returned and order was restored--
The LIEUTENANT GOVERNOR announced the consideration of the bills pending as a special order for to-day, S. 3 and H. R. 16. The vote to be first taken upon the bill S. 3, upon which the Senator from Jackson [Mr. Brown] has the floor.
Mr. BROWN said: I hazard nothing in saying that if the present pending amendments were out of the way, the bill providing for the calling of a Constitutional Convention would certainly pass the Senate; for I can not believe that the Senators upon the other side of the Chamber would be deaf and dumb to the wants of the people and allow party caucus or political dictation to control their action; therefore, I shall confine myself in closing what I intend to say on this bill entirely to the question as to whether these proposed amendments are lawfully pending, and in a condition to be constitutionally and rightfully submitted to the people. [Mr. B. then proceeded to address the Senate in the line of argument indicated.] When he had concluded--
Mr. GRUBBS said: The argument of the Senator from Jackson (Mr. Brown) this afternoon has been almost entirely upon the question of the proposed Constitutional Amendments, and it would be my right, if I desired, to respond to his speech; but as I believe it more important that there should be an early vote on the bills, I decline to do so, and call for the vote now.
The LIEUTENANT GOVERNOR--The way I understand it, the first vote is to be taken on the bill S. 3. Call the roll.
A constitutional provision requiring the yeas and nays on the final passage of every bill. They were ordered, and being taken, resulted--yeas, 21; nays, 28, as follows:
Yeas-Messrs. Bell, Benz, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Major, Marvin, Menzies, Traylor, Urmston, Viehe, Voyles and Woollen-21.
Nays-Messrs. Bischowski, Briscoe, Bundy, Chapman, Comstock, Davis, Garragus, Graham, Grubbs, Henry, Hostetter, Kahlo, Keiser, Langdon, Lockridge, Macartney, Owen, Poindexter, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, White, Wilson, Wood and Yacey-28.
So the bill failed to pass.
The question being on the final passage of the bill [H.R. 16] to provide for a re-submission of the Constitutional Amendment to a vote of the people on the 4th of next April.
The yeas and nays were ordered, and being taken resulted--yeas, 28; nays, 21--as follows:
Ayes-Messrs. Bischowski, Bundy, Chapman, Comstock, Davis, Garragus, Graham, Grubbs, Henry, Hostetler, Kahlo, Keiser, Langdon, Lockridge, Macartney, Owen, Poindexter, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, Viehe, White, Wilson, Wood, Yance--28.
Nays--Messrs. Bell, Benz, Briscoe, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Major, Marvin, Menzis, Traylor, Urmston, Voyles, Woollen--21.
So the bill passed.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
FRIDAY, February 11, 1881--9 a. m.After prayer by Rev. O. C. McCulloch, of the Plymouth Congregational Church, this city--
The reading of the journal was commenced, and, on motion, the further reading thereof was dispensed with.
Mr. FURNAS moved that the bill [H. R. 252] concerning women suffrage, was ordered printed and made a special order for consideration on the next Wednesday, at 11 a. m.
The motion was agreed to.
On motion by Mr. FLOYD, the bill [H. R. 77] for the purpose of make free toll roads was made the special order for Thursday next, at 11 a. m.
WOMEN FOR SCHOOL OFFICERS.
The time having arrived for the consideration of the bill [H. R. 140] authorizing the election of women to school offices, Mr. KENNER demanded its consideration.
The House resolved itself into Committee of the Whole [Mr. CARTER in the Chair] pursuant to previous order.
Mr. KENNER--This arbitrary withholding from women, because they are women, certain rights under the laws of our State is fast breaking down. There is a feeling now fast gaining ground that women should be placed upon the same plane legally as men. They can not by law be contracted with, either married or single. They should be subjected to the legal liabilities with the male sex. This a move in the right direction. This bill is the same law that has been in force in Illinois since 1873, as has produced favorable results there. Women ought to have the right to hold school offices from the fact that under our law, she is not exempted from paying her full share of the taxes levied to keep the schools in operation. Ladies who have taught in the Public Schools for years are fully as capable to perform all the duties, both as teacher or officer, as men. Woman is peculiarly fitted to judge of that which goes to make up successful schools better than man. When woman has shown herself to be competent, I say, she should not be discriminated against on account of being a woman. When St. Paul said "it is not right that women should be exalted," he had reference to their place in the Churches. I think that was a prejudice of St. Paul. That saying has been referred to as very high authority, and has kept men from exercising their judgment upon this question. Why should we point to that Holy Book, and say we must discriminate and belittle page: 170[View Page 170] woman, when her qualifications are as high as man's? I hope the bill will pass.
Mr. MITCHELL said it was generally conceded that woman is in many respects man's equal, if not his superior, especially so in the primary department of education. He did not believe that woman should be allowed suffrage in all its phases, because the law of nature would not permit it. He considered this a good bill, and favored it passage.
Mr. FULLER asked the consent of the House to permit Mrs. Gouger, an advocate of the woman cause, to offer arguments in favor of the passage of this bill.
Mr. THOMPSON interposed an objection to any one speaking but members.
Mr. COMPTONN thought woman being the guardian of the young, gives her greater opportunities to study the desires and necessities of children. She ought to have greater privileges and be able to hold official positions that would entitle her to have something to say, at least, in the affairs of our school work. He favored taking a step in advance and giving woman a place on School Boards, that she can dictate, persuade and encourage by all proper means the education of our children. He considered women as capable of assuming responsibilities as a majority of men and hoped the bill would be favorably reported upon and passed by a large majority.
Mr. BERRYMAN thought where woman was man's equal and, in many cases, his superior in many things; when it comes to business tact and those things that man has to do in every day life, she is not capacitated, for many reasons, to perform them, and therefore he opposed this bill.
Mr. WILSON, from Morgan, believed the women of this State will calculate to look to the educational interests of this State, and that places in the school-room have been given to ladies who have filled such positions with honor and credit. It is but a matter of justice, if ladies are qualified and competent to fill these positions, to give them the privilege. There are many fields open to the male sex which ladies can not enter. It is to the interest of our State and to the welfare of our school system that we give them this privilege.
On motion by Mr. KENNER, the Committee arose and through its Chairman reported to the House the bill [H. R. 140] authorizing the election of women to school offices, recommending that the same be engrossed and passed to the third reading.
On motion of Mr. CAUTHORNE, the report was laid on the table.
The bill was ordered engrossed.
NEW PROPOSITIONS.
The following described bills were read the first time and severally referred to appropriate Committees:
By Mr. WALKER, the bill [H.R. 314] proscribing the duties of Clerks of the Circuit Court and County Recorders in certain cases, providing for their compensation and other matters properly connected therewith. [In all cases where the title of real estate is considered the Clerk shall make out a certificate, under the seal of said Court, and complete transcript of the judgment and decree of the Court, and deliver it to the Recorder of the County to be recorded on the record of deeds. He shall tax one dollar for his fee, and one dollar for the record fee, and ten cents for each description of land, this amount to be taxed as costs upon the losing party in the suit.]
By Mr. McDOWELL, the bill [H. R. 318] making it lawful for Notaries Public in the State of Indiana to perform the marriage ceremony.
By Mr. McDOWELL [H. R. 319] to amend Section 3 of an act providing for the protection of wild game, and defining the time and manner in which the same maybe taken, killed or otherwise disposed of, prohibiting shipment from the State of Indiana, and the destruction of birds' nests, and making it unlawful to go upon land purpose of hunting, without the permission of the owner.
By Mr. WRIGHT the bill [H.R. 320] requiring County, city and town officers having the care and custody of sinking funds, levied and collected for the liquidation of bonds and other indebtedness negotiated by any County, city or town in this city, which do not bcome due and in annual installments, the County, city or town to have all the interestand profits accrued there from.
By Mr. GILMAN the bill [H. R. 321] to relinquish the title of the State Indiana to lands in the bed of Beaver Lake, in Newton County, Indiana.
BILLS ON THE THIRD READING.
On motion by Mr. FRAZER, the House proceeded to the consideration of the bills on the third reading.
Mr. Jackson's bill [H. R. 132], authorizing the Auditor of Dearborn County to report to the Superintendent of Public Instruction in relation to the school funds, etc., as required by law, was read the third time.
The bill passed by yeas, 74; nays, 7.
Mr. Messick's bill [H. R. 107], establishing a Superior Court in the County of Vanderburg was read the third time.
The bill passed--yeas, 80; nays, 0.
Mr. Skinner's bill [H. R. 59], authorizing the cenveyance and sale of certain lands belonging to the State of Indiana (one-half section of land in Porter County) being read the third time--
Mr. SKINNER said it was a tract of land purchased by the State about eighteen years ago. It has never been used. The section is close to Lake Michigan, a locality settled by Swedes, who wish to purchase the land. He thought it a wise step to take, as the land was of no use to the State and would sell for more than its real value.
The bill passed--yeas, 79; nays, 2.
INTEREST ON MONEYS.
The time having arrived for the consideration of the bill [H. R. 3] concerning interest and usury, Mr. Buskirk called up the special order.
Mr. CAUTHORNE moved that the speechs onthis bill, with the exception of Mr. Buskirk's, be limited to five minutes.
The motion was agreed to.
The bill was read the second time; also the report from the Judiciary Committee, recommrnding that the bill do pass, with certain amendments.
Mr. COLE moved to amend the bill so as to make the rate of interest 7 per cent., instead of 6, etc.
On motion by Mr. WALKER the amendment was laid on the table--yeas, 46; nays, 39.
Mr. CARTER--If this bill prevails, it will, by reducing the interest to 6 per cent., very seriously effect the school fund of this State, and it may be we will have to increase it to direct taxation in order to make up that deficit. He moved to refer the bill to the Committee on Way and Means.
Mr. KENNER said he would rather have a direct taxation levied to make up a deficiency than to have the poor people of the State burdened by keeping up a high rate of interest. He belived the time had come if the Government of the United States could borrow money at 3 per cent. the people of Indiana ought to be able to borrow at 6 per cent.; that it was a fact that Indiana was full of money and did not need any foreign capital. The time had come when Indiana does not want to pay an outrageous per cent. of interest. He thought this a just measure and urged its passage.
Mr. BERRYMAN--If money can be borrowed at 6 or 7 per cent., why should the Legislature of the State step in between the borrower and the lender and say that it should be lent at 6 per cent? If the supply is so great that it can be borrowed at 6 page: 171[View Page 171] per cent. it will be lent at 6 per cent., and the less legislation we have the better. If the supply increases, money will go down to 6, 5 and 4 per cent, just as the supply and demand increases or diminishes. There is no necessity for this bill. No good reason can be given for its passage, and I earnestly appeal to the members of this body to pass no legislation except such as the times and people require, and not enact laws that will in the end work bad results.
Mr. BARTLETT--To-day, second class paper is negotiated for less than 7 or 8 per cent. The poor man who has a mortgage on his farm, will finally be able to remove that mortgage and be the sole possessor of his land. Is it not wise to let them work out their own salvation? For the good of the people, I think we should let this thing alone; and let the law of supply and demand work out the proper result.
On motion of Mr. Neff, the House took a recess until 2 p. m.
AFTERNOON SESSION.
Mr. THOMPSON demanded a call of the House, which being ordered and taken, discovered seventy-eight members as present and answering to their names.
Mr. KENNER moved that the House inform the Senate that the House is in waiting for that body to join it in a Convention for the purposes indicated in a concurrent resolution heretofore adopted.
The motion was agreed to, and the Speaker made Messrs. Kenner and Teter to constitute said Committee.
This Committee then left the Hall to perform the duty required of it, and shortly after returned with the Senate, which was furnished with seats on the Speaker's right.
JOINT CONVENTION.
Senators being seated on the right of the Speaker's chair in the Hall of the House of Representatives-
The LIEUTENANT GOVERNOR, commanding order, stated the purpose of this Joint Convention the two Houses of the General Assembly to be the election of three Directors of the State Prison North and one Director of the State Prison South, in pursuance of a concurrent resolution passed by each House heretofore. By his direction, the Principal Secretary of the Senate called the roll of Senators, which discovered forty-four as present and answering to their names. By the same authority, the Principal Clerk of the House called roll of Representatives, which discovered seventy-nine present and answering to their names.
Senator COMSTOCK offered a resolution that this Joint Convention proceed to elect one Diretor to the State Prison South, to serve for the term of four years, from the 17th of February, 1881, and three Directors for the State Prison North, to serve for the term of two years, from the 11th of March, 1881.
The resolution was adopted.
There being no further nominations--
The LIEUTENANT GOVERNOR ordered the vote to be taken, the Principal Secretary of the Senate calling the roll of Senators and the Principal Clerk of the House calling the roll of Representatives.
The result of the first vote was as follows: Total number of votes cast, 129; necessary to a choice, 65; of which number Joel J. Finney received 73 votes and John Horn 56 votes.
The LIEUTENANT GOVERNOR--Joel J. Finney having received a majority of all the votes cast, I declare him elected a Director for the Prison South for the term of four years from the 17th of this month.
The LIEUTENANT GOVERNOR then announced nominations for one Director of the State Prison South to be in order.
Senator BUNDY ominated Amos C. Beeson, of Randolph County.
Senator BELL nominated John Lee, of Montgomery County.
There being no further nominations, the vote was taken resulting: For A. C. Beeson, 74; for John Lee, 55.
The LIEUTENANT GOVERNOR made a formal proclamation that Amos C.Beeson was duly elected a Director of the Prison North, to serve for two yearsfrom the 11th of March next.
Senator SHAFFER nominated for another y Director of the State's Prison North, Leopold Levy, of Huntington County.
Senator PORTER nominated for the same position, Frederick Hoover, of Jasper County.
There being no further nominations, the vote resulted: For Leopold Levy, 73; for Frederick Hoover, 56.
The LIEUTENANT GOVERNOR formally declared Leopold Levy elected one of the Directors of the State Prison North for the term of two years from the 11th of March next. He then called for nominations for another Director of the State Prison North.
Representative FANCHER nominated W. P. Horine, of Lake County.
Senator KRAMER nominated Simon Wile, of Laporte County.
There being no further nominations, the vote being taken, resulted as follows: For W. P. Horine 72; for Simon Wile, 52.
The LIEUTENANT GOVERNOR formally declared W. P. Horine duly elected as a Director of the State Prison North for the term of two years from the 11th of March next.
The LIEUTENANT GOVERNOR then said: The purposes of the Joint Convention having nd been accomplished, he declared it adjourned.
When the Senators had retired from the Hall and order had been partially restored--
The SPEAKER read an announcement of Committee meetings and then--
The House adjourned until to-morrow morning at 9 a. m.
Synopsis of H. R. 153:
Section 1 enacts that County Boards shall have to the entire control of the roads and bridges in their Counties, and that the County Surveyor shall perform the duties of a County Engineer.
Sections 2 and 3 enacts that the County Surveyor shall prove his qualifications, give a bond and defines his duties, which are similar in their scope to the duties of City Civil Engineers.
Section 4 provides that the County Surveyor may appoint Deputies and Assistants.
Section 5 requires the County Surveyor to report quarterly to the County Board.
Section 6 requires the County Board to pass at over and review roads in person, if possible, or by a suitable representative. This section is very elaborate, going into the minutia of road building, levying of road taxes, letting contracts for making and repairing roads, etc.
Section 7 requires County Boards to divide roads into three classes; those most traveled to be first-class, and so on.
Section 8, 9 and 10 provide for the promotion of a road, or of roads, to the classes next above.
Section 13 authorizes Boards to make experiments in road-making and road-making machinery, at a limited expense.
Section 16 provides for the appointment of a Surveyor General by the Governor, to serve four years, at a salary of $500 a year, and certain fees.
Sections 17, 18 and 20 prescribe the duties and obligations of this official.
Section 21 fixes the pay of the County Engineer at five dollars for a day of ten hours actual service.
Section 22 enacts a road tax levy of not less than five cents nor more than fifty cents on the $100 valuation, and not less than three nor more than five dollars on each taxable poll.
Section 23 presents a general grade and elevation for roads.
page: 172[View Page 172]Section 24 prescribes the width and quantity of roads, the standard of their repair, and the manner in which they shall be cared for.
Section 25 prescribes the construction of efficient road ditches, and Section 26 is like unto it.
Section 27 enacts that road making and road repairing, as a rule, shall be done in dry weather.
Sections 28 and 29 relate to the building and repair of bridges.
Sections 30 and 31 prescribe the manner of managing boundary line road building and repairing.
Section 32 requires that roads shall be named and appropriately and efficiently guide-boarded.
Section 33 provides that County Boards shall divide roads into sections of one mile as near as practicable, for the convenience of letting the same to contractors for construction, maintenance and repair.
Sections 34, 35, 36, 37, 38, 39 and 40, prescribe the methods and details of letting contracts for road making and repairing.
Sections 41 to 46, inclusive, define the powers, duties and obligations of road contractors.
Section 47 lays down the law of the road to meeting and passing teams.
Sections 48 to 51, inclusive, describe the methods or petitioning and remonstrating against roads, with the proceedings to be had thereon.
Section 55 reserves equity to persons who have been taxed to build free gravel, pike or plank roads.
Section 56 exempts persons or property in incorporated towns and cities from the general County road tax to the amount of such town or city tax for general street purposes.
Section 58 provides for the destruction of Canada thistles and all other poisonous or noxious weeds on the public highways.
Senator Woods, in casting his Vote yesterday for William T. Horine for one of the Directors of the State Prison North, said:
Mr. PRESIDENT--William T. Horine is my neighbor and friend. He was a gallant soldier and fought well in the famous battles for Union. A valued medal was given him by General Sickles for brave conduct in war. As colorbearer for the old fighting Twentieth of Indiana, he was first and last upon the bloody fields Antietam, Spottsylvania, Malvern Hill, the Wildernes and Gettysbury. He fell at Gettysburg it the fierce storm of battle and left his right limb upon the field as a last sacrifice for the Union. His country and the perpetuity of her institutions were in these memorable conflicts, and came out dearer to loyal freemen and more glorious with each victory won; when I look over our country and see its magnificent resources on land and sea, on lake and river ;when I witness the grand march of progress and civilization in our great domain; when I see the magnitude of American industry and manly courage to go higher and better in all things that make a people great, prosperous and independent--all grand results of the mighty struggle for National life--I sometimes think the gallant men are not yet paid and never can be, by a grateful people. The fallen heroes for a great cause, a self-sacrifice for all who live after them in this beautiful land, are kindly remembered by the friends of liberty. We can do nothing for them but rear monuments to show the whole country's devotion to their fidelity, suffering and death, but the maimed and crippled heroes living among us, we can care for them. I care for one now, and vote for Willam T. Horine.
