HOUSE OF REPRESENTATIVES.
The SPEAKER, in accordance with a resolution adopted on yesterday, designated one hour, from 9 to 10 a. m., for the disposition of miscellaneous business.
NEW PROPOSITIONS.
The following described bills were read the first time and severally referred to appropriate Committees:
By Mr. GILLUM [H. R. 420]: To license persons carrying on the business of druggist and apothecary, prescribing penalties in certain cases for selling spirituous and vinous liquors in less quantity than a quart.
By Mr. NULL the bill [H. R. 421] to empower the Board of Commissioners of the Counties in which Criminal Circuit Courts are established to make appropriations out of the County Treasury for the relief of Grand Juries of such Courts in certain cases. [When they have been sued and held liable for damages the Commissioners shall pay such amount, with costs, etc.]
BILL PASSED.
Mr. Stewart's fifth Judicial Circuit bill [H. R. 284] was read the 3d time and passed, by yeas 79, nays none.
COMMON SCHOOLS.
Mr. RYAN obtained consent to report from the Committee on Education the bill [H. R. 322] concerning Common Schools, recommending its passage, with amendments, striking out the words "the person (Trustee) elected at the first election after the passage of this act, and every three years thereafter, shall be a woman."
The report was concurred in, and the bill was read the third time.
page: 231[View Page 231]Mr. NEFF moved to reduce the number of Trustees in cities and towns from "three" to "one."
Mr. RYAN said the practice of having three Trustees worked well, and as it is not good policy to change the rule, therefore, he moved to lay the amendment on the table.
The motion was agreed to.
Mr. THOMPSON moved to amend Section 6, line 8, by inserting the words "sixty days"--referring to the length of time allowed for the teacher to procure a license after the old one matures.
The amendment was adopted.
The SPEAKER (Mr. Gilman in the Chair) moved to strike out the word "white" in the clause providing that Trustees shall establish and locate a sufficient number of schools for the education of white children. Mr. RYAN could see no reason why this motion should not prevail He did not see why any distinction should be made between white and colored citizens. They stand upon equal ground. The provisions of the law are that the same facilities shall be offered colored children as white. He said this bill contemplates, where there are a sufficent number of colored children, the school offices may organize them into a separate school: otherwise they can attend the same school as white children.
Mr. NEFF affirmed where provisions have been made, as in this section, for the education of the colored children, there were reasons in his judgment why the word "white" should remain as it is. He thought that such striking out would not only disarrange the bill, but would make its passage doubtful. Strike out this word and some person perhaps will get up a disturbance, and will, in violation of the spirit of this act, crowd their children among the white children which will be a disvantage not only to the white, but colored children as well. He wanted the colored children to have an equal chance in the race for life, but when ample, provision had been made for them, they ought to be satisfied.
Mr. BENHAM--This law provides for white schools and black schools; and in case there is no school for colored children they can attend the white school. If this word is stricken out they can attend a white school when there is a colored school in the community, thus producing discord. He, therefore, thought it ought to remain as it is.
Mr. WRIGHT took the position that the word "white" in that section was illogical and out of place; that the spirit and intent of this bill is to provide educational facilities for all children of the State, irrespective of color, and that it was about time for the people to accept the inevitable. He saw no reason for keeping up this distinction of color. He measured men by their brains and hearts, not by color. [Applause.] The black soldier of the war had the courage to go out in defense of the country, and he considered the son of a black man good enough to go to school with his boys. The spirit of the times is that there shall be no distinction on account of color, and the sooner the people stop quarreling about this matter, or becoming frightened about the nigger in the woodpile the better.
Mr. BUSKIRK thought it would not be expedient, and was something unasked for by the colored people themselves; that they were content with the provisions made for them, and he could not see any good to be accomplished by the change now. He thought a spirit of liberality had already been shown in the drafting of this bill, and considered it wrong to disarrange it by such an amendment. He opposed the striking out of this word.
The SPEAKER recognized no distincton by reason of color He said he offered the amendment with a view of guarding the evil that has existed upon the force of the law itself. This section, as it now reads, makes provision for white children of the State. This amendment will extend that privilege to the colored children. He realized the fact that the colored race in this country, so recently coming up out of bondage, have got to be educated up to the social and intelligent standard where they will be an honor to our country; and in doing that, the same laws and privileges should be extended to them as to other classes of citizens. Mr. M'INTOSH said he could find no statute prohibiting colored children enjoying all the rights of white children. The colored people seemed to be satisfied, and he thought the white people ought to be.
Mr. CAUTHORNE did not think there could be any harm in striking the word out of the section, as Section 9 provides for colored children when there is a sufficient number to organize a separate school. This section being a general one, requiring the Trustees to provide for all the children, he thought it would be better for the bill if the word were stricken out.
The amendment was adopted--yeas, 59; nays, 22.
THE STATE SCHOOlS.
Mr. BUSKIRK, by consent, reported from the Committee on Education upon their visits to Purdue and Bloomington Universities and the State Normal School, at Terre Haute. It represents these Institutions in a fair condition; that it is highly pleased with the progress, management and work of each of the Institutions; that each of them had been crippled by want of sufficient appropriatons, building, apparatus, etc., and wonder they have done so well; that the time for economy in the matter of appropriations for these Institutions long has passed, and a more liberal attitude should be maintained by the Legislature toward them. The aggregate appropriation of $137,000 asked for by the Institutions is recommended.
The report in full is as follows;
MR. SPEAKER--
I am directed by the Committee on Education to report to the House that the Committee visited the Purdue University at Lafayette, the State Normal School at Terre Haute and the Indiana University at Bloomington, and made such examination and inspection of the management and work of each of said Institutions as the short time allotted us permitted; and I am further directed to say that the Committee were highly pleased with the proofs of the efficacy of each of said Institutions in the performance its special work, but the Comomittee is of the opinion that the usefulness of these Institutions, and of each of them, has been greatly crippled by the want of sufficient appropriations of money for the erection of suitable and necessary buildings, purchase of books, appliances, apparatus, etc. Each of these Institutions is an honor to the State, and yet wtih their insufficient equipments in almost everything, and the rigid economy which those intrusted with their management have been forced to observe, it is a matter of wonderment to the Committee that each has attained the high degree of proficiency which distinguishes it. The wants and needs of each of these Institutions have been brought to the attention of this body in one way or the other. There is now pending a bill asking an appropriation for the Purdue University. The Indiana University has set forth her claims to additional appropriation in a memorial which has been laid upon the desk of the members. The report of the Board of Visitors, appointed by the local Board of Trustees, copied into said memorial will be found also in the report of Hon. J. H. Smart, Superintendent of Public Instruction for 1880, at page 176. This report was drafted by Rev. Mr. Mabie, and was signed by Superintendent Smart and Superintendent Bless elect after the Committee had remained a week at the University and made a very thorough examination of it. The necessities of the State Normal School have
page: 232[View Page 232]also been brought to the attention of this body. It as not the province of your Committee to fix the amount of the appropriation which ought to be made to these Institutions, but it desires to say that they are each worthy of aid at the hands of the State, and that liberal appropriations ought to be granted. Indiana is a great State, rich and prosperous, with a school fund second to that of but one State in the Union, and blessed with a school system not surpassed by that of any other and hardly equalled; and yet in the past the aggregate appropriations for her State Educational Institutions have amounted to less than $30,000. It is time that economy in this direction should be abandoned. The entire amount asked by these Institutions would be $137,000. More than one-half of this is asked for buildings, Libraries, apparatus, etc. The annual appropriation asked would amount for all to but about $60,000. These amounts are asked by men who know the needs of the Institutions, by men who have proven their faith by their works in the cause of education. If the State has just cause to be proud of these Institutions, as she has, what might not be expected of them if a proper spirit of liberality was extended to them. In view of the wealth of the State, her magnificent school fund, and her liberality in all other directions, it seems to your Committee that the appropriations heretofore made to these Institutions are contemptible in amount. In conclusion, on behalf of the Committee, I ask that this report may be received and referred to the Committee on Ways and Means.
JOHN W. RYAN, For the Committee.
The report was concurred in and referred to the Committee on Ways and Means,
THE CRIMINAL CODE.
The SPEAKER announced the consideration of the bill [H. R. 367] concerning criminal proceedings.
Mr. WALKER moved to amend the clause in Section 158, "Judgments shall be a lien on all property within the State of Indiana," by striking out the words "State of Indiana" and inserting in lieu thereof the words "County in which the Judgment is rendered."
The amendment was adopted.
Mr. CARTER moved to amend Section 202 [disposition of persons pleading guilty] by adding these words: "And if the person be under the age of twenty-one years, the Court may, in its digression, withhold sentence, in order that he or she may be released during good behavior, and the Court shall have full power to order his or her rearrest and announce sentence whenever, in the opinion of the Court, such action may be proper."
Mr. CARTER said this was a good means of reformation by putting boys upon their good behavior.
The amendment was adopted.
AFTERNOON SESSION.
Mr. GARDNER offered a concurrent resolution that 2000 copies of the Geological and Statistic Reports be issued to members for the purpose of aistributon among schools, the cost not to exceed thirty cents per copy.
The resolution was adopted.
Mr. TETER moved to strike out of the second section the clause that the Juror has formed or expressed an opinion as to the guilt or innocence of the defendant. He said: My experience is this: I have found it very dangerous to trust a Juror after he has said under oath that he has formed or expressed an opinion as to the guilt or innocence of the defendant. I do not care how honest a man may be, if he has formed or expressed an opinion, how does he know whether he can rid himself of that opinion or not. I think this a dangerous feature, and ought to be stricken out.
Mr. BUSKIRK thought this law would be an innovation upon the old rule, and wanted the amendment to prevail. He thought, as a general rule, men form stronger convictions from what they read than that which they learn by hearsay. He opposed the law as it stands, and favored the amendment.
Mr. RYAN--A criminal case means an investigation of the defendant. I submit, gentlemen, whether a fair and just investigation can be had with anything else but an intelligent Court and Jury? At the present time trials in many instances are an absolute mockery of justice because by the rule of sifting process of shrewd lawyers, they are enabled to bamboozle the Jury, and arrest the criminal from the justice consequent on violation of the law. It is far better to have a learned and intelligent Juror, although he may have read a newspaper account and partially formed an opinion, than an illiterate person, who never reads a paper. I think the amendment ought not to prevail.
Mr. MOODY thought the amendment ought to prevail, because there was no good reason why any man in this country, where there are plenty of men unprejudiced, should place a person who has formed an opinion in the jury box. He thought the human mind was not capable of reading and hearing evidence without becoming prejudiced against the guilty party.
Mr. KENNER considered a man wholly unfit to serve on a Jury after he has formed or expressed an opinion, and such a man ought to be excluded.
Mr. BERRYMAN said every man has opinions formed from reading, or hearsay, but they are not always conclusive ones, and are liable to be changed by the evidence in the case. He preferred being tried by a Jury of twelve men who have read papers and formed opinions, than twelve men who never read the papers. He favored having intelligent Jurymen who read papers, etc., and wanted the section to remain as it is.
Mr MITCHELL thought an intelligent man changes his opinion when he has sufficient reasons, and, therefore, was not in favor of the adoption of this amendment.
Mr. TETER considered some of the reasons given in opposition to the adoption of his amendment as palpable absurdities.
The amendment was rejected.
REVENUE BILLS.
On motion by Mr. KENNER, the House resolved itself into a Committee of the Whole (Mr. Stewart in the Chair) for the consideration of the bills to raise revenue.
Mr. Cauthorne's bill [H. R. 407] to provide revenue to complete the State House, etc., being read--
Mr. CAUTHORTE said he desired the Commissioners to have plenty of funds so that the work of construction will go on regularly, and for that purpose the bill was designed. On his motion, the Committee recommended its passage.
Mr. Kenner's bill [H. R. 408] to levy an annual tax for the purpose of raising revenue for the State being read--
Mr. Meredith's bill [H. R. 409] to authorize and provide for the payment of the war loan bonds of the State, being read--
Mr. Huston's bill [H. R. 415] to provide for and authorize the payment of the temporary loan debt of the State, authorizing the levying of taxes, etc., being read--
They were severally ordered to be reported for the favorable action of the House.
On a motion by Mr. THOMPSON, the Committee rose, and--
Mr. STEWART, the Chairman of the Committee of the Whole, reported as directed.
The report was concurred in.
NEW PROPOSITIONS.
By consent, the following described bills were introduced and read the first time. page: 233[View Page 233]By Mr. KENNER'S [H. R. 422]: making appropriation for the year 1882 and 1883 for the State Government, etc., being read--
On motion by Mr. KENNER, the bill was referred to the Committee on Ways and Means.
By Mr. HINTON [H. R. 423]: To dissolve the Board of Commissioners of the Indiana Hospital for the Insane, and transferring their rights, duties and responsibilities to the regular Board of Commissioners of said Institution.
By Mr. VAWTDR (H. R. 424]: To amend Section 3 of an act to incorporate the town of Vernon, Jennings County, approved June 1, 1851.
Then the House adjourned till to morrow.
