HOUSE OF REPRESENTATIVES
TUESDAY, March 8, 1881--9 a. m.Dr. E. R. Hawn, on taking the Chair, said under the law, it fell upon the Secretary of State to organize the House in the absence of the Speaker.
The session was opened with prayer by Rev. P. M. Hamilton, Member from Boone County.
The Members were called in alphabetical order in groups of about twenty, and the oath of office was administered by Judge Byron K. Elliot, of the Supreme Court.
Mr. KENNER nominated for Speaker of the House for the extra session Hon. William M. Ridpath, of Clay County.
Mr. BUSKIRK presented the name of Henry S. Cauthorne, of Knox County.
Mr. Ridpath received 55 votes, Mr. Cauthorne 39.
The SECRETARY OF STATE appointed Messrs. Cauthorne and Ryan to escort the newly-elected Speaker to the Chair. After reaching the Chair--
Mr. RIDPATH said: "Gentlemen of the House of Representatives. I thank you for this renewed expression of confidence and respect. I realize very keenly, and you no doubt realize the importance of the work before us. Yesterday we closed a very profitable as well as a very pleasant session. It is to be hoped that our relations will continue as pleasant as they were during the last session, and that we may appreciate the importance of the work which we have before us. It is not only important to us that we may make records, but also important that the legislation of this body may be such as to work well to the people of the State. I hope that this session will prove profitable and pleasant. I thank you, gentlemen, again for the renewed confidence which you have placed in me."
Mr. KENNER nominated Cyrus L. Nixon, of Marion County, for Clerk of the House.
Mr. WALKER nominated Arthur C. O'Brien of Martin County.
Cyrus L. Nixon receiving fifty-three votes and A. C. O'Brien forty, Mr. Nixon was declared elected.
Mr. FANCHER placed in nomination Clinton C. Riley as Assistant Clerk of the House.
Mr. NEFF nominated Jerry Huff, of Martin County for Assistant Clerk.
Mr. RILEY receiving fifty-five votes and Mr. Huff thirty-eight, Mr. Riley was declared elected.
Mr. KENNER nominated for Doorkeeper James Wood, of Warrick County.
Mr. HAMMOND nominated Wm. Bennett, of Crawford County.
James Wood receiving fifty-five votes and Mr. Bennett forty, Mr. Wood was declared elected.
Mr. MEREDITH offered a resolution that the present employes of this House, having proved worthy and efficient during the session closed, many of them being wounded soldiers, it is hereby requested that they be retained in their present positions.
The resolution was adopted.
NEW PROPOSITIONS.
The following described bills were read the first time and severally referred:
By Mr. BRYANT [H. R. 446]: To amend Sections 21 and 59 of an act to divide the State into Circuits for judicial purposes, approved March 6, 1873.
By Mr. FANCHER [H. R. 447]: Legalizing the official acts of the Boards of Trustees of the town of Cadiz, Henry County.
By Mr. CARTER [H. R. 448]: To amend Section 8 of an act concerning interest and usury, approved March 10, 1879. [School, College and canal funds, etc, shall be loaned at 7 per cent., page: 13[View Page 13] except in cases where there is too much on hand to be loaned at that rate, in which case it can be loaned at a less rate.]
By Mr. HINTON [H. R. 449]: To regulate the tolls charged on Plank and Macadamized Roads ceded to the United States by the State of Indiana and matters properly connected therewith. [The charges for toll not to exceed a maximum of over 10 per cent. of the actual amount invested and keeping up repairs, etc.]
By Mr. McSHEEHY [H. R. 450]: Concerning licensing of vehicles in all cities of this State, having a population of 60,000 or more inhabitants as shown by the census of 1880. [The Board of Aldermen and Common Council shall have the power to enact ordinances regulating the running of vehicles, etc.]
By Mr. SULZER [H. R. 451]: Concerning the regulation of the time for holding Courts in the Second Judicial Circuit.
By Mr. BERRYMAN [H. R. 452]: To amend Section 14 of an act of 1879 concerning exemptions.
DESTRUCTION OF BONDS.
Mr. CAUTHORNE offered a resolution, which was adopted, that the Treasurer of State be and is hereby directed to produce before the General Assembly of the State of Indiana, in Joint Convention assembled in the Hall of the House of Representatives, on Thursday, March 10, at 2 p. m., the bonds surrendered and paid under an act providing for the payment of sundry bonds and stocks of the State issued prior to 1841. The Senate is requested to meet the House of Representatives in Joint Convention in said place and make suitable disposition of such bonds as in the State Treasurer may then and there produce and exhibit.
AFTERNOON SESSION
RE-SEATING OF THE HOUSE.
Mr. MARSHALL offered a resolution that the Speaker's and Clerk's desk be located on the south side of this room, and that the members desks so changed as to face the Speaker. He said a large portion of the members of the House have not been able to hear the proceedings or to know what was going on, those coming into the room passing between the Speaker and members.
The resolution was adopted.
RECESS OF THE ASSEMBLY
Mr. BUSKIRK offered a resolution, the Senate concurring, that each branch of the General Assembly adjourn on Friday. March 11, 188l, at noon, until Wednesday, March 16, 1881, at 10 a. m.
Mr. NEFF thought the House would make a mistake by adjourning, as he did not consider the Constitutional Amendments of sufficient importance to adjourn the General Assembly to attend the election. There is not sufficient difference. The parties are too equally divided here for anybody to claim that it will change the result. He thought the members would have much more influence here than to go home to electioneer.
Mr. MITCHELL was opposed to the resolution to adjourn for so long a time as the resolution provides.
Mr. STEWART moved to amend the resolution by striking out "Friday" and insert "Saturday;" strike out "Wednesday" and insert "Tuesday at 2 p. m."
Mr. NEFF made an ineffectual motion to lay the resolution and amendment on the table.
Mr. MEREDITH thought the Legislature ought to hold its sessions right along so as to get through, as the spring work was coming on, when it becomes more necessary for members to be at home. He favored continuing the sessions and excusing from four to six members at a time to go home.
Mr. ADRIAN insisted that members of this House are interested in the passage of these amendments, and to that end they ought to be at home at least for a few days previous to the election.
Mr. GIBSON thought it would be better for the people of the State if the members were at home to work up an interest. He said he voted for the amendments and he wanted the House to adjourn so that members could go home to hold public meetings.
Mr. THOMPSON was opposed to any adjournment on the ground that it would be an injustice to ourselves and our constituents. He thought there was enough of interest throughout the State in the amendments without the assistance of the Legislators.
Mr. LINSDAY entered a protest against the adjournment. He thought the forty days would be fully consumed without adourning. He thought if the Members would do their duty in the Legislature the people would do the same on the constitutional question.
Mr. FALL thought it would be beneficial for this body to go home and stay several days, even if there was no election.
Mr. COMPTON said the eyes of the epople of Indiana are upon us. While he was in favor of the Constitutional Amendments, and of trying to renew an interest in this question before them, he did not think the people were willing that the House should adjourn simply to go home and shake hands with the people and vote for or against the amendments.
Mr. FLOYD thought it apparent that the people were not very well informed upon this subject; that the amendments of themselves were of sufficient importance to justify members going home and making a few speeches in favor of them. He thought there ought to be due deference paid to the importance of the measures placed before the people.
Mr. BARNETT said the people are wide awake in this matter--that they need no stirring up. He wanted the Legislature to stay here and do the business before it, and the people would take care of the amendments.
Mr. LINDLEY lived but twenty-one miles from here, and wanted to record his vote in the ballot box.
Mr. GILLUM moved to indefinitely postpone the resolution.
Mr. BAKER made an ineffectual motion to lay the motion to indefinitely postpone on the table--yeas, 31; nays, 51.
The resolution was indefinitely postponed--yeas, 48; nays, 40.
MEDICAL LEGISLATION.
A majority of the Committee on Sanitary Affairs reported on the bill [S. 74] regulating the practice of medicine in the State of Indiana, recommending its passage by striking out all after the enacting clause and substituting new matter.
A minority of the same Committee recommended the passage of the bill.
Mr. MELRATH said he was a physician, and did not care particularly about a medical law, but he favored the adoption of the minority report.
Mr. KENNER favored the bill as advocated by the minority report, requiring persons to be examined by a Board of Medical Examiners, because this thing of going before the County Clerk, so far as pertaining to qualification is concerned, is a mere burlesque. In the first place the Clerk is not a competent officer to know anything about a man's medical qualifications. He favored the passage of a law that had some system of examination which would define the qualification, therefore he favored the minority report.
Mr. McINTOSCH said he had practiced medi- cine about forty years now, and did not care if the General Assembly passed a medical bill or not. He did not favor such stringent legislation as to require a person to get a prescription for every little article, however common, in the drug line. He favored the passage of the bill originating in the House on this subject.
page: 14[View Page 14]Mr. GIBBON was of the opinion that the Senate bill had too much machinery connected with it, and creates too many offices, therefore he favored the the House bill.
Mr. CARTER hoped the minority report would prevail. He favored District Boards of Examiners, so men can be examined in their own District. This bill provides, also, that a man moving out of one District in to another must pass an examination, thus doing wawy with the quacks that infest the country, and that is virtually what the bill is for. He favored sustaining the majority report and the passage of the House bill.
Mr. NEFF said, from information gathered by association with medical men, he felt assured that the passage of the House bill as recommended by the majority report, would be satisfactory to the profession, for the reason that it is milder in its terms than the Senate bill.
Mr. MITCHELL opposed the passage of any bill giving the right to practice medicine to persons of particular qualifications and exempting others, as it would give the practice of medicine into the hands of those who are wealthy, and have the means to take a course of lectures. He looked upon medical skill as a natural faculty, in a great measure, and contended that some men with one course of lectures are more able to practice that others who possess diplomas; that a certificate of graduation was not a citerion by which to judge a man's ability in the art; for that reason he opposed all medical legislation.
Mr. BARTLETT, while he favored a stringent medical law, thought it best to adopt the House bill--the one recommended by the majority report--as it had the least machinery connected with it. He thought one bill would reach the same end as the other.
Mr. SINCLAIR offered a resolution that a Committee of five be appointed, three of the House and two of the Senate, to consider the several medical bills, and report which bill should pass.
Mr. EDWINS interposed an objection to the resolution, for the reason that the bills have been before the House for the last sixty days; the result is that two bills are now before the House for the last sixty days; the result is that two bills are now before the House for action. He thought it is time that the House should take action thereon.
Mr. SINCLAIR said he noticed considerable antagonism between the House and Senate on these bills, which induced him to introduce this conciliatory measure to bring about a compromise.
Mr. HAMILTON favored the resolution, because the doctors did not agree upon what they wanted themselves.
The resolution was rejected--yeas, 36; nays, 47.
Mr. WRIGHT--The physicians of this body and the State of Indiana are asking for this legislation out of the goodness of their hearts, because they want to practice their profession against the imposition of quackery that is brought in the State. It is certainly within the knowledge of every one here that that time and again a wise-looking fellow, who knows comparatively nothing about medicine, will go into a village and displace physicians of experience--men who thoroughly understand their business. It is one of the weaknesses of human nature, when death is brought near the family. They do not stop to reason. He gave the physicians of this body credit for being sincere in a desire to protect themselves against these frauds that travel through the State. Here are physicians who spent years of their lives in reading, qualifying themselves to practice medicine, and yet here comes some quack and runs them out. It does seem to him that of all things in this world human life is the most precious and the Legislature can pass an act by which the standard of the medical profession can be raised. There is no question about that. There is one objection to the Houses bill. The provisions of that bill are that if a physician is a graduate of a Medical College he shall have his license to practice medicine. If he has practiced ten years he shall have his license to practice medicine. If he had practiced five years and taken one course of lectures he shall practice. The Senate bill is superior in this particular: If a man has not attended a Medical College he can go before a Board, be examinded and practice medicine without a diploma. It does not impose upon a young man the necessity of attending a Medical College at all if he can pass an examination before the Board. The only objection to this bill is that there is perhaps a little too much machinery about it, but still, in his judgement, the Senate bill should be substituted and pass both Houses.
Mr. M'DOWELL--The qualification is nearly the same: the question is: Which is the better way to find out the qualification? It is better to go to the County Clerk and produce the testimony there than to be carried off to a Medical Board. There is always a great deal of jealousy existing between medical men. This Board is to be appointed by the Governor of the State. It will be one of the greatest political frauds that we ever had in the State of Indiana. The Governor, no doubt, will be greatly influenced by politics and by Indianapolis in making the appointments, and the Boards will be biased. As provided in the House bill, a man merely goes before a County Clerk and shows the evidence of efficiency and good moral character. The County officers are governed by rules and regulations the same as State Boards. I am strongly in favor of the House bill.
Mr McCLURE believed it much better for the people that the Legislature should pass some kind of measure by which the profession can be elevated in its proficiency. The bill favored by the majority of the Committee is simple and plain in its provisions. It only requires one to make application for a license before the Clerk of the Court, and prove the requisite qualifications.
The House adjourned till o-morrow.
