IN SENATE.
SATURDAY, March 19, 1881-10 a. m.A BAPTIST ASSOCIATION.
Mr. HART moved to take up his bill [S. 274] to legalize the incorporation of a Baptist Association in Gibson County. He said he had letters from citizens of his County, urging the passage of this bill, who would not ask anything unjust, or anything that is not right. They were from an ex-Congressman, from the Treasurer, and the Auditor of the County and from many of the best citizens known to him personally, and the writers say the bill seeks simply to correct a mistake made by an attorney in drawing up papers for the Association; therefore he hoped the bill would be passed. It affects nobody but the Association, and it is but just and right that it should pass.
The motion was agreed to, and the bill being read the second time with a Committee report recommending that it lie on the table--
Mr. HART moved to amend the report of the Committee so it shall read favorable to the passage of the bill.
Mr. MENZIES favored the motion. The bill is intended to make clear the title of some real estate this Association has.
Mr. VOYLES, as a member of the Committee, the bill is very broad in its terms, and the Committee were not satisfied but what there might be an effort in it to kill off some pending litigation, or in some way affect what might be termed vested rights.
Mr. FOSTER understood there is a division among the people down there about the propriety of this bill, and therefore he thought it ought not to pass, but that the report of the Committee should be concurred in.
On motion by Mr. HART, it was referred to a Special Committee of three, which the Lieutenant Governor made to consist of Messrs. Hart, Sayre and Ristine.
HOUSE OF REFUGE.
Mr. MACARTNEY, from the Joint Committee appointed to investigate the management and affairs of the Indiana House of Refuge for Juvenile Offenders, submitted a report that it has not deemed it advisable to proceed with such investigation, for the reason that the only charges preferred against the management of said Institution, which have come to the knowledge of the Committee, were contained in an anonymous communication published in a newspaper of the city of Indianapolis; that the author of said communication has not availed himself of the opportunity afforded him by the Committee of filing with them his grounds of complaint, and of furnishing the Committee with such other information at his command as would enable them to proceed with such investigation. No information from any source whatever has been furnished the House of any other persons knowing, or likely to know, any matter discreditable to the management of said Institution; that since the appointment of this Committee, the House Committee on Reformatory Institutions, at the suggestion of whose Chairman this Committee was appointed, have visited said Institution and reported favorably thereon; and that from the best information obtained by the Committee, no just grounds of complaint exist against the management of said institution. The Committee is of opinion that it is not warranted in proceeding further in the premises, unless some reputable citizen of the State shall file with the Committee, over his own signature, specific charges against the management of said Institution, or that such other information shall be furnished the Committee as will render it reasonably certain that an investigation will not prove a useless expenditure of time and money.
On motion by Mr. FOSTER, the report was concurred in.
FEEBLE-MINDED ASYLUM.
On motion by Mr. BUNDY, the report of the Joint Special Committee appointed to investigate the condition and management of the Asylum for Feeble-Minded Children and the Soldiers' Orphan Home, recommending a change in the su- page: 56[View Page 56] perintendency (see pages 270 and 271 of these Reports) was taken up and read.
Mr. FOSTER hoped the report would not be concurred in. No Senator will more readily than he vote to condemn the mismanagement of such an Institution; but it is unjust to condemn officers when they have not the proper facilities to take care of these children. Then he was informed by the Superintendent that he had not had an opportunity to present his side of the case, and was also informed by a Senator who had a position on the Committee that he is willing to vote for a new Committee to investigate that Institution and give the Superintendent an opportunity to present his side of the case to the Committee, and every Senator ought to be willing to do that. If a second Committee is allowed to go there and investigate that Institution and reports anything wrong, not caring what side of the political question the management is on, he would vote to condemn it. He wanted the man who presides over that Institution to have an opportunity to present his side of the case.
Mr. BELL said: This report, in the last sentence, censures a gentleman whom I know to be, from personal knowledge and acquaintance, one of the most consciencious, upright, and worthy gentleman to be found in the State of Indiana--Mr. Ibach. If he has done wrong, he ought to receive censure; but if he has not, he ought not to receive censure. He has sent a petition to be presented to this General Assembly, which is as follows: [Praying for the appointment of another Committee to investigate the affairs of said Institution]. I can not conceive that any Member of the Senate would desire to censure Mr. Ibach for things which were taken entirely out of his control. He has made the management of such Institutions a special study, and his reputation is established in this and other countries as being a prominent specialist in such matters. Leaving personal matters out of the question, it is due to any man that he should be given a full opportunity to defend himself agairst any charges which reflect upon his conduct as a man or as an officer. He moved to refer the report of the Committee to a Special Committee of five, with instructions to inquire who is responsible for the abuses therein named, to afford an opportunity for officers to be heard, and to report the testimony to the Senate.
Mr. VOYLES--Certain duties are incumbent upon the Superintendent of this Institution for the performance of which he must be held responsible. He is there all the time--the Trustees are not. It is the duty of a humane man to see that these little children were properly placed in sleeping apartments. The dormitories were crowded while there were other rooms in the building that might be used for that purpose which the Superintendent said were used for reception rooms. It might possibly be that the next Investigating Committee will find the beds in better condition than this found them--it is to be hoped it will.
The food on the soldiers' orphans' side would not satisfy him. The Committee found the condition of the beds very bad. We tumbled the beds upside down, and found them entirely indecent and so unclean that there was a stench rose from them. If another Committee find the beds cleaned up and so report it can't change the facts as we saw them. For himself, if he were Superintendent, no such beds would be kept there one-half hour. He heard no excuse for such gross dereliction of duty. The motion for a new Committee would but open up crimination and recrimination, The Committee, acting under oath, sought to do right, and the evidence was of such a character it could not be disputed. He saw no necessity for another investigation.
Mr. BUNDY would not oppose a further investigation, because if there are other facts that ought to be known he was willing the people should have them. One of the sacred duties of the State of Indiana is to see that the orphans of her soldiers are taken care of, and properly taken care of. He would be the last person to oppose a free and full investigation into the management and condition of Soldiers' Orphans' Asylums. A communication has been read by the Senator from Allen [Mr. Bell], written by the Superintendent of that Institution, in which he asks that a further investigation be had--in other words, that the Committee appointed to investigate him be investigated. He says the members of the Committee did not make a fair investigation. This report is made on ocular proof and careful examination, and made from statements of the Superintendents who protests against this report. The fact he did not examine the bills of the Institution is enough of itself to condemn him. If there is any explanation of the purchase of rose geranium, rose-bud toilet soap or razor straps he was willing to hear it.
The Committee asked explanation of this, and the Superintendent stated he had no explanation to offer, because he did not remember of the purchase of these goods. These employes should not use the money of the State for their own personal ends. Then there is a large reception room in that building that might be utilized as a dormitory, and it is a shame that such a change is not made. There has been a new wing erected not quite as large as the original building, and there is more actual space given for the sixty-three feeble-minded children than the 165 soldiers' orphans. One or the other of these Institutions has got to die, for it is impossible to keep the two together. It is as impossible as it is for an idiot and a sound person to live together. It was wrong to put them together. It is not the proper thing to put a healthy child in the same building or in adjoining rooms with feeble-minded, idiotic children, and the State ought not to permit it to continue any longer.
AFTERNOON SESSION.
Mr. SPANN thought unjust charges were made against the Committee--not directly, but indirectly in the petition of the Superintendent of these Institutions, which were untrue and unjust. That gentleman went with the Committee through every one of the rooms; and the books were gone through in his presence by experts. He had full and ample opportunity to state all he might have desired to. The bookkeeper even not understand the accounts and could not explain them. Under the law, the Trustees do not visit the Institution but once in a month. The Superintendent allowed purchases made by a number of parties who had no authority to expend the State's money: and for that reason, if no no other, it is high time that Institution was placed in other hands. The Superintendent's prejudice against the soldiers orphans' branch of of the Institution incapacitates him from being the Superintendent of the other branch. Mr. S. opposed the motion to refer this matter to another Committee, and favored concurrence in the report of the Joint Investigating Committee.
The bills of fare showed that the 165 healthy children every night were called to a long table in a dark room and given only oat meal, molasses and tea in battered tin cups for 365 days in the year. The officers eat off of dishes as fine as can be found in this city, probably, filled with nice food, in a room finely carpeted and lighted. There was not a single clean bed in all the rooms where the orphan children slept, and the straw was changed not oftener than once in three months, as the testimony showed. Money was taken out of the Orphan Asylum fund to buy comforts for the feeble-minded children, and luxuries for the officers. One-third of the building only is set apart for 165 orphan children of the dead soldiers of Indiana, while two-thirds of the building is given up to sixty-three feeble-minded children. This can not be made a question of politics. Any man that will allow an Institution to be run as page: 57[View Page 57] that has been run, ought to be unceremoniously removed and kicked out of good society.
Mr. URMSTON favored the motion to refer. The report of the Committee came down to one proposition, viz: Nobody is to be condemned but the Superintendent. One thing is certain, this Committee has been looking after affairs out there, and have condemned a party without giving him an opportunity of bringing forward witnesses to controvert what it has heard. The law provides that the Trustees shall control and direct matters out there, and how can any Senator say the Superintendent is to blame for all the matters condemned in this report.
Mr. BROWN--If the debate had not departed from the members of the Committee would have remained silent. The two Senators speaking against the report seem to have taken the course usually pursued by criminal lawyers who have a bad case; they seem to charge the Committee with adjudging against the Superintendent without allowing that officer to bring witness in his behalf. The duty of the Committee by the terms of the resolution was to report the truth derived from such information as they might employ. No one denies that but there has been gross mis-management of the Institution, but the desire is to remove or shift the responsibility. In his judgment, the report of the Committee should be sustained unless better reasons are given than have been yet shown. It is begging the question to say the Superintendent had not the power to furnish these children with clean instead of filthy beds, and with tea instead of battered tin cups; and for the dereliction he deserves condemenation.
Mr. WOOLLEN felt it a duty to state reasons why he supports the motion to refer. It has been a rule of his life to censure no man and to smirch no man's character until he shall have a chance to prove his innocence. He was astonished to see members of the Bar advocating a course that may destroy the character of a citizen of Indiana without giving him a chance for defense. If such a course were pursued by those not acquainted with the laws of the Courts, it would not be a matter of so much astonishment, but to see lawyers favor such a thing was truly astounding. He would cast no reflections upon any member of the Committee, but they should have gone to Mr. Ibach and told him they saw delinquencies and asked him to bring evidence to explain his conduct before presenting their report to the General Assembly. Now, justice requires that this report shall be recommitted, with instructions to inquire further into the matter. Mr. W. cared nothing about the political aspect of this case. His course has shown that the question of politics has not influenced his votes. Let justice be done to every one. As one of the representatives of the people he never will cast a vote of censure on any man until he has been heard in his own defense.
Mr. BELL declared that his motion casts no reflection on the Committee, nor does it contemplate all that Mr. Ibach prays for in the petition. The report establishes the fact that abuses do exist in this Institution, and all he desired to know was where to fix the responsibility. The report strikes a blow at a subordinate officer, who asserts he is not responsible, and that is not fair. This officer states that he had no opportunity to show that fact to this Committee, and that it is within his power to show the responsibility rests with his superiors. Mr. B., continuing, said:
I make the charge as a Senator on this floor, based on the speeches of the Senator from Rush (Mr. Spann) and the Senator from Henry (Mr. Bundy) and the Senator from Washington (Mr. Voyles), and you can't afford not to investigate it--that if these gross abuses exist, they exist with the knowledge and by the consent of the Board of Trustees, who could have removed that Superintendent at any moment. I make this charge--now let us have a full investigation. How does it happen that there is no censure attached to the Board of Trustees? If one-half the charges made by the Senator from Rush as to the management of that Institution are true, every single one of these persons ought to be kicked out.
I am not saying that this report is unfair except in this: That these other persons ought to be held responsible, as well as the Superintendent. Don't censure the creature and let the creator go. If this report goes out to the world it will look very much like this Committee had been hoodwinked, or that the Trustees, to shield themselves, have made a scapegoat of the Superintendent, or, by some strange fatality, this thing has been brought about. Or is there something behind all this? Will you declare that these Trustees are not to blame, condemn the Superintendent, and then let Governor Porter remove them, because they kept a Superintendent there who, as shown by the records of the Senate, failed to do his duty? I do not believe it; but it is open to all these charges. I think, Senators, that you can not afford to go on record in that sort of shape.
In order to shield these Trustees, I ask Senators on this floor if they will condemn Mr. Ibath by concurring in this report before giving him a hearing, when he is here upon the floor of the Senate with a written statement, saying that it is not true? Let us give these Trustees an opportunity to show what the real facts are, that is not much to ask, and it will not take long. I have a right to ask it, and to insist upon it for myself as a Senator, aside from Mr. Ibach's petition praying for this simple act of justice. We have charges made in a substantial form. The Committee do not tell us who is responsible. The Superintendent says: "If you will give me an opportuity, I will show it was not I." I think this examination was directed by persons outside (unconsciously to the Committee) who had sinister purposes to subserve, and I think it my duty to insist that Mr. Ibach shall have an opportuntity to be heard before his character is smirched in a place which he can not reach.
The Courts can not reach our acts, because they are privileged; and that one fact, if no other, ought to increase our care and caution before we do anything that may injure the character of the humblest citizen, as because of the position we occupy we can escape a punishment that would be just.
The motion to refer was rejected by yeas, 12; nays, 20--two present and not voting because paired--Mr. Bell stating that Mr. Brown, before leaving the Chamber, expressed a desire to be excused from voting on this subject because of his relationship to one of the Trustees.
Mr. BELL made an ineffectual motion to strike out the last clause of the report--recommending the removal of the Superintendent.
Mr. CHAPMAN demanded the previous question, and under its operation a vote was taken on concurrence in the report of the Committee, which resulted--yeas, 21: nays, 8--three Senators not voting because paired.
Pending the vote--
Mr. COFFEY, when his name was called, in explanation of his vote, said: This report shows great and gross mismanagement of that Instituiion. Believing others are to blame as well as the Superintendent, he voted to refer this matter to another Committee, that there might be a thorough and complete investigation. Believing, also, that the Superintendent has not discharged the duties of that position, Mr. C. voted in favor of concurring in the report of the Committee.
The result was then announced as above.
No quorum voting--
The Senate adjourned.
