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

MONDAY, February 14, 1881--1 p. m.

The session was opened with prayer by M. O'Brien, Member of the House.

Mr. KENNER presented a petition from laboring and journeymen, praying that members of the General Assembly put in force the pledges made to the workingmen to legislate so that the price of convict labor be put at living rates, so that mechanics and laborers can compete with such convict labor. If by so doing the convicts of the different Prisons are not contracted for, such petitioners pledge themselves to support such Prisons.

CONSTITUTlONAL AMENDMENTS.

The SPEAKER announced the question pending at the last adjournment to be on the Senate amendments to the bill [H. R. 16] providing for a resubmission of the Constitutional Amendments to the people.

Mr. CAUTHORNE said: The Senate has seen proper to strike out the House bill and insert entirely new matter. I think the House should concur in the amendments, because the bill has been a little more carefully guarded than the one passed by the House. The only material change is that one fixes the time for such submission on the 22nd of February, and the other the first Monday in March.

Mr. KENNER moved to amend by striking out the words "4th day of April, 1881," and insert in lieu thereof "the 7th day of March, 1881."

Mr. CAUTHORNE proceeded, It will be remembered that the Legislature of 1877 proposed nine amendments to the Constitution, but only seven went before the people to be voted upon. So far as the nine amendments submitted in 1877 are concerned, I can say I think it the duty of the people to know what they were, because the Constitution of Indiana provides that amendments may be proposed to it by one Legislature and submitted, if agreed to, by the next to be voted upon by the people. The object of that is to enable the people, when they vote upon a measure, to vote intelligently. Some of these amendments are nothing more than forms to make the Constitution of Indiana speak the truth. It says that no negro shall settle in the State or be allowed to vote. Thot provision has bee inoperative for the last twenty years. The third amendment changes the time of holding elections from October to November. By holding the State and National elections together over $100,000 would be saved to the State without doing any harm to anybody. It is a step toward economy that ought to be pursued. You will find that the Constitution provides that there shall be a general election on the first Tuesday in October, but does it say when the second election shall be held? It says you shall elect your County officers and Governor at a general election in October, but where is there any Constitutional Amendment or statute that says you shall elect your Supreme Court or Superior Court Judges? The question with us is to save an election and save $100,000 every four years. The first amendment derives its origin from Democratic source. If you go back and look at the inaugural address of Governor Hendricks, he called the attention of the General Assembly to the fact that there was much corruption of the elections in this country. His theory was to leagalize a voter by making him live long enough in the community so you would know him when he came to exercise his franchise. I say the people of Indiana should control the destinies of Indiana, whether they be Republican, National, or Democratic. The amendments, as a whole, I consider all right and such as wouldbe beneficial to the people of the State, and while I say that I am willing that any gentleman may take a different view, exercise his judgment and vote as he pleases. I am perfectly willing to submit this question to the voice of the people for their submission or rejection. The Legislature of 1877 proposed these amendments. They were agreed to by twenty-six Senators and fifty-one Representatives. The Legislature of 1879 passed them by a vote of twenty-six Senators and fifty-seven Representatives. It is a duty incumbent upon it to submit them to the electors of the State to be voted upon. The Supreme Court, in its wisdom overthrew the amendments, because of some technical point. The question is, will we again submit the amendments to the people of the State? I desire the people of this State to make the changes. It the people want the amendments let them have them. We have no right here to interfere with this matter. This is a question above politics and on a higher plane. I hope the Legislature will let the people go to the polls and vote as citizens and not as partisans.

Mr. KENNER thought it right to submit this question to the people and leave it for them to say whether these amendments shall become a part of the Constitution or not. He though the time set--the 4th of April--by the Senate for a vote upon these amendments was entirely too long. By submitting them on the 7th day of March, as proposed by his amendment, in case there was any legislation needed the Legislature would very likely be in session, and could act accordingly. The people of this State demand that something page: 181[View Page 181] be done in the way of fees and salaries; therefore, he insisted on the adoptions of the amendment.

Mr. FRAZER moved to amend the amendment by inserting the word "14th" instead of "7th."

It was agreed to, and the amendment as amended was alos agreed to.

PASSED TO THE THIRD READING

The bill [H. R. 148] relating to railroad farm crossings, cattle guards, etc.; [H. R. 316] for relief of Wm. J. Richey; [H. R. 292] for relief of the poor, by amendment of Section 31 of the act of March 4, 1857; [H. r. 266] to amend Sections 1 of the act of May 14, 1869, concerning bridges over streams forming County boundary lines; [H. R. 307] to regulate the manufacture and sale of commercial fertilizers; [H. R. 280] to legalize a certain election; [H. R. 283] to legalize acts of Board of Trustees of Argos, Marshall County; [H. R. 239] to legalize the incorporation of the town of Geneva, Adams County; [H. R. 184] to legalize an election held in 1880 in the town of Sullivan; [H. R. 72] to legalize certain acts of the Board of Trustees of the town of Newburgh, Warrick County; [H. R. 176] to legalize the incorporation of the New Pittsburgh and Hoover Turnpike Company; [H. R. 273] to legalize acts of the town of Ridgeville, were returned from Standing Committees with favorable reports, which were concurred in, and the bills were severally ordered engrossed for the third reading.

BILLS INDEFINITELY POSTPONED.

The bill [H. R. 14] to amend Section 1 of the railroad whistling act; [H. R. 116] to require railroads to fence their tracks (another bill covers the same ground); [H. R. 209 and 218] to amend Section 2 of the act of March 2, 1865, to discourage the keeping of sheep-killing dogs; were severally indefinitely postponed by concurrence in Committee reports so recommending.

BILLS LAID ON THE TABLE

The bill [H. R. 131] to prevent the payment of claims out of County Treasuries, except as herein provided; [H. R. 293] to restrain domestic animals from running at large; were severally laid on the table by concurrence with Committee reports so recommending.

CITY INDEBTEDNESS.

Mr. COTTON, from the Committee on Cities and Towns reported on the bill [S. 64] to amend Section 10 of the criminal code and Section 1 of the act authorizing cities to fund indebtedness, recommending that it pass with certain amendments.

The report was rejected.

Mr. KENNER moved to strike out the words, "indebtedness to the amount of $100,000" and insert in lieu the words "indebtedness to any amount."

The amendment was adopted. The bill was read the second time and laid on the table.

SUPERVISOR OF HIGHWAYS.

Mr. FLOYD, from the Committee on Roads, reported on the bill [H. R. 143] making Township Trustees, Superintendents of Roads and Highways, recommending its passage with the following amendment:

That Section 1 be stricken out and insert in lieu thereof the following: "That at the Township election on the first Monday in April, 1882, and biennially thereafter, there shall be elected one Supervisor and Superintendent of Roads for each Township throughout the State, who shall hold his office for two years and until his successor is elected."

The report was concurred in and the bill was ordered engrossed and 200 copies ordered printed.

SWAMP AND UNIVERSITY LANDS.

Mr. CAUTHORNE, by consent, offered the following resolution: That each member of the House in whose Legislative District is included any County in this State reported as containing unpatented swamp and University lands, be and the same are requested to procure at their earliest convenience, from each Auditor of the County in which there is such land, the following information: (1) Whether the lands embraced and described in said report are yet vacant and subject to sale as swamp or University land. (2) And in case the same have been sold, whether they are properly listed and assessed for taxation in the name of the owners, such information to be delivered to the Chairman of the Committee on Ways and Means.

The resolution was adopted.

GRAVEL ROADS

Mr. MILES submitted a report from the Committee on Roads on the bill [H. R. 55] amending the gravel road law, recommending its passage with an amendment by striking out all pertaining to gravel roads and raising the maximum amount of bonds to the amount of $100,000.

Mr. COTTON moved to lay the bill on the table to await the presence of its author.

The motion was agreed to.

Mr. EDWINS asked and obtained leave of absence for the Prison Committee, from Wednesday to Saturday, to visit the Prison North.

HOUSE OF REFUGE

Mr. MILES, from the Committee on Reformatory Institutions, report on the inspection of the House of Refuge at Plainfield; that the inmates had increased to 370, and recommended an appropriation of $45,000 for improvements, etc.

The report was concurred in.

Mr. KENNER, from the Committee on Ways and Means returned the bill [H. R. 204] embracing a complete revision of the law relating to the assessment and collection of taxes.

On motion, 300 copies were ordered printed and further action on the bill deferred.

Mr. KENNER, from the same Committee, returned the bill [S. 86] appropriating money to pay members of the Indiana Legion and others serving in the War of Rebellion by order of the Governor, with a favorable report.

The report was concurred in.

TheThe bill [H. R. 284] fixing terms of Courts in the Fifth Judicial Circuit was ordered engrossed.

Mr. MORGAN offered a concurrent resolution, declaring no appropriation will be made for improvements in Meridian street as proposed by the City Council of Indianapolis.

Mr. McSHEEHY opposed the resolution.

It was referred to the Judiciary Committee.

The House adjourned till to-morrow.

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