HOUSE OF REPRESENTATIVES.
MONDAY, March 21, 1881--9 a. m.The Committee on Roads recommended that the bill [H. R. 449] regulating tolls on public highways be laid on the table, but the House refused to concur in the report, and ordered the bill engrossed for the third reading, after the following remarks by--
Mr. FLOYD--This bill has been before the Legislature several times, and is known as General Streight's bill. The object of this bill is to reach cases in this County, but what effect it will have on other Counties is a matter to be considered also. This bill proposes to allow 10 per cent. dividend over and above expense for repairs, etc. It is claimed that the original value of the stock in this County is a very nominal one, and that the toll would be reduced by the operation of this bill. In some Counties this stock has been bartered, and the parties owning the stock are innocent purchasers--in some instances they are widow women--and the probabilities are that this bill would depreciate this stock very largely. If the parties did obtain this stock at a nominal figure it was their good fortune, and as all principles of justice and equity are involved in this case the same as any other case where stock is bought and sold, these cases ought to come under the general laws now in force upon that subject. I am positively in favor of free gravel roads, a system to which we must come sooner or later. I would urge to the Members of this House as the proper method by which all these difficulties may be overcome, what we need more than anything else is to build as many free roads as possible, so as to depreciate the stock of plank roads, so tha they will fall in with the system of free grave roads.
REPORTS FROM COMMITTEES.
Favorable Committee reports were presented on the bills: [H. R. 305] allowing owners to petition for improvement of highways; [H. R. 233 concerning gaming contracts; [H. R. 374] to prevent adulteration of food; [H. R. 398] to encourage the destruction of wood-chucks.
The above were ordered engrossed for the thir reading, as were also the bills [H. R. 135] to le bridge contracts; [H. R. 394] concerning publi printing; [H. R. 409] to pay the War loan; [H. R. 424] Vernon incorporation act; [H. R. 450] concerning decedent estates.
Reports from Committees recommended tha the following described bills lie on the table: [H. R. 225] authorizing the construction of gravel and other roads; [H. R. 22] concerning fisheries; [H. R. 203] to amend Section 253 of the practice act; [H. R. 287] concerning married women; [H. R. 365] regarding the solemnization of marriages; [H. R. 373] in relation of gravel roads; [H. R. 385] for appointment of State examiners; [H. R. 368] concerning weights and measures; [H. R. 288 reimbursing Township aid to Railroad Companies.
The bill heretofore reported [H. R. 323] concerning the inspection and sale of petroleum oil was also laid on the table.
BILLS INDEFINITELY POSTPONED.
The bills [H. R. 240) defining certain mimeanors; [H. R. 419] prohibiting the receiving page: 64[View Page 64] applications for life insurance on the tontine line, were indefinitely postponed.
SENATE BILLS READ THE FIRST TIME.
The bills [ . 110] to license and regulate the business of pawn brokers; [S. 75] enabling the owners of wet lands to drain the same; [S. 119] legalizing acts of the Board of Trustees of Monroeville; [S. 82] touching guardian and ward; [S. 142] regarding the adoption of heirs; [S. 103] to protect the property of Public Libraries; [S. 161] authorizing the appointment of short-hand reporters in Courts; [S. 183] authorizing the issuance of military stores to certain Colleges; [S. 179] legalizing the employment of persons to discover unassessed property.
Were severally read the first time,
The bill [S. 271] concerning proceedings in civil cases was read the first time by title only and made a special order for to-morrow morning.
The bill [S. 214] concerning drainage; [S. 2] to repeal the whistling law of March 29, 1879: [S.97] to appropriate real estate for school purposes,
Were severally read the first time.
SENATE BILLS READ THE SECOND TIME.
The bill [S. 209] to legalize the acts of notaries public whose commissions have expired; [S. 156] to amend the partition law; [S. 162] amending Section 3 of the Voluntary Association act; [S. 333] amending Section 3 of an act for the protection of fish,
Were severally read the second time.
The bill [S. 42] relating to unexpended 3 per cent. fund, was reported back favorably from the Committee having it in charge.
Mr. Cauthorne's bill [H. R. 407] to provide a reserve to complete the State House building, was read the second time, and made a special order for Wednesday, March 23, 1881, at 2 p. m.
On motion by Mr. BUSKIRK, the vote on the bill [H. R. 160] defining the jurisdiction of Grand Juries, was reconsidered, and the bill was ordered engrossed.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred:
By Mr. SINCLAIR [H. R. 466]: To fix the term of office of Prosecuting Attorneys of Criminal Courts [four years].
By Mr. HUSTON [H. R. 467]: To provide for the care, custody and maintenance of children whose parents, or either of them, are deceased. [Any reliable family having adopted a child or children one year can not be deprived of the same.
By Mr. MILLS [H. R. 468]: To legalize the incorporation of the Central Normal College, of Danville, Ind.
By Mr. BARTLETT [H. R. 469]: To legalize the elation of the Board of Trustees and other officers of the town of Spiceland, Henry County, Indiana.
By Mr. CARTER [H. R. 470]: Defining cruelty to animals.
By Mr. COLE f. R, 471]: In relation to good behavior of persons confined in State Prisons.
By Mr. COLE [H. R. 472]: To amend an act in relation to the charge of public highways, approved March 11, 1869. [May be done upon a petition of the landowners where such road exists.]
By Mr, GILMORE the bill [H. R. 473]: To authorize the County Surveyor of Jasper County to make a survey of certain unsurveyed swamp lands in Jasper County.
By Mr, CARTER the bill [H. R. 474]: To prevent the pollution of water in canals and streams. [It is unlawful to render impure canals or streams running by cities out of which water is used for drinking purposes.]
On motion of Mr. COLE, Mr. Fancher's bill [H. R. 148], concerning the construction of fences, gates, farm crossings, etc., was made a special order for Thursday, at 2 p. m.
AFTERNOON SESSION.
The Judiciary Committee reported on the bill [H. R. 300] in relation to the issuance of marriage licenses, recommending a substitute for the bill.
The report was concurred in, the bill was read the second time and ordered engrossed.
MUSTER ROLLS.
Mr. SCHWEITZER offered a joint resolution that the Adjutant General of the State of Indiana be and is hereby authorized and empowered to hear evidence in all cases where claim is made of having served in the Indiana Militia, and to that end is authorized to administer oaths to claimants and witnesses, examine them as to the claim, and if he is satisfied as to the justness of the claim of the party as to being in such service, their names shall be entered upon the roll of their respective Companies and Regiments, and payment for such services shall be made in the manner now provided. He said: We have passed a bill here to pay the Indiana Legion, and I find that every day we get applications from persons whose names are not enrolled. This resolution merely provides that their names should be enrolled so they can get their money the same as those now enrolled.
The resolution was referred to the Committee on Military Affairs.
STATE ASYLUM SEWERS.
Mr. CAUTHORNE'S bill [H. R. 436], for making a contract with the city of Indianapolis for constructing a sewer to the Institutions for the Education of the Deaf and Dumb and Prison and Reformatory for Women and Girls, was read the third time and failed to pass--yeas, 49; nays, 21--for the want of a constitutional majority.
WHIPPING POST.
Mr. Cummins' bill [H. R. 302], to provide for the punishment of certain assaults and batteries committed by the husband upon his wife, was read the third time.
Mr. COMPTON was in favor of the bill because, in an indirect way, it was in the interest of temperance. When a man gets drunk he usually whips his wife, thereby imposing a penalty upon him.
The bill failed to pass--yeas, 35 nays, 34--for the want of a constitutional majority.
ROAD SUPERVISOR.
Mr. Vawter's bill [H. R. 143-see page 181 of these reports] making the Township Trustee of each civil Township Superintendent of Roads and Highways in his Township, and fixing the computation on road tax, was read the third time.
Mr. COTTON called the attention of the House to the fact that by this bill in 1882 Commissioners are elected, thus leaving the State one year without a road tax, as the bill provides that the tax shall be levied in 1882 by the Road Superintendent, with the concurrence of the County Commissioners, and that tax not being collected until one year afterward, would leave the State one year without a road tax.
Mr. THOMPSON moved to amend the bill by adding thereto, "The Superintendent of Roads shall cause all roads in his District to be mowed twice a-year, to-wit: during the months of June and August, to the end that all noxious weeds and thistles are destroyed."
The amendment, by unanimous consent, was adopted.
By unanimous consent, it was agreed that amendments may be offered.
Mr. GILMAN moved to amend the bill by adding to Section 27 the words "Provided, That nothing in this act shall take from the owner or owners of property the right to work out their road tax, under the rules and regulations as prescribed in Section 16 of this act."
Mr. MEREDITH said under the provisions of page: 65[View Page 65] this bill a Road Superintendent could have as many teams of his own as he liked and charge it up with the rest. It would be one of the grossest frauds ever committed upon the people of Indiana to pass that law.
Mr. MARSHALL-The present system of road working is unfair to the young man just beginning in life, who, in May and June work, has to put in his two or four days along with the wealthy man. The poor man who carries his flour home on his shoulder is called on to labor on the roads as much as the man who hauls off his thousand bushels of wheat.
The ad valorem system is the true one; it has given other States good roads, and, when properly applied, will give us good roads in Indiana. The people are demanding a better system of road working, and we need better roads. Let the roads be let out by contract, as this bill provides, and in ten years we will have good roads. There is another good feature in this bill, and that is this: Men who own the land, men who have the good farms and men who have to use the roads most are the very men whom a good road benefits. Make a good, smooth road along by the side of a farm, and that farm is worth more money than if it had a poor road. Then is it not fair that the man who owns the farm should do more labor or pay more money to make that a good road than the hired hand? Then again, if a man has 160 acres of land, and his next neighbor eighty acres, is it not fair that the man owning the 160 acres should do as much again work on the roads provided their value is the same per acre?
Mr. ROBERTS said a large number of people would find it difficult to pay tax. On the other hand, under the present law, they can work it out, thereby giving an equivalent. He was opposed to this measure as too radical a one to force upon the people at this time.
Mr. WALZ--The people where I live demand a change of our present road law. There is no question about it. If you adopt that feature as an amendment, we had better retain the old law as it stands, because what the amendment seeks to accomplish is to destroy this new feature. The advantage of this bill is that the tax-payer pays his money to have the work done to the Supervisor, who lets the work out by contracts where the money does the most good. The tax-payer has an opportunity equally with any one else to take these contracts. I want a road law that works to the interest of the roads, not the tax-payer. If the road system is advanced the tax-payer is also advanced.
Mr. MOODY--I am in favor of the best system of road work that can be adopted, but I am opposed to this bill, and I want the peopie of my County to know that I not only voted against this unfair and, to my mind, unjust law, but that I solemnly and earnestly protest against it. There are many poor men who can not pay this tax, but who can do an honest day's work on the highways and who will be absolutely deprived of the opportunity of doing this work, if the amendment is lost and this bill becomes a law. It may all be well for soft-handed lawyers and doctors to theorize on this law, and the fine roads which are to stretch themselves magic-like all over our country, but I can not forget the large number of men in my own County that it will work a great hardship to, despite their beautiful theory. I do trust that the good sense of the majority of this House will not pass the bill, but will adopt the amendment, I know that if you put this money in the hands of any man and authorize him to hire the work done, that many hard-working, honest laborers will not get any of it to do, but a few of the friends of this new-fledged officer will get the pap and the officer take the cow of some other man to pay for the work his friend has done. I believe that this is unfair and eminently unjust.
Mr. MORGAN--I hope the amendment will not prevail. The bill will be to the advantage of the poor man as well as the rich man. If this measure passes, the rich man with his five or six hundred acres of land, will work out his own road tax instead of the poor man, as is the case now. At the present time a man owning no property is compelled to work as much as one owning his hundreds of acres. If you allow this amendment to prevail you had better let the old law stand.
Mr. STEWART moved to amend the amendment as follows: Provided the person owing tax shall apply to the Superintendent to do such work, and will do the same at such time and places as the Superintendent may direct.
Mr. CARTER was in favor of the bill as it stood. He did not consider the existing law required the poor man to work the same number of days as the rich one. Under this law they would not have to work at all. There are many good features in this bill. These contracts are supposed to be let out to the citizens in the immediate vicinity where the roads are being worked.
Mr. THOMPSON said there were thousands of dollars expended in Elkhart County every year on the roads, and scarcely anything to show for it. The people demand a good road system. I am willing to vote for a radical change in the road system. My friend from Steuben [Mr. Roberts] says the old system is good enough. Probably it is good enough for the people of Steuben County, but the people of Elkhart County demand a better system. Under this bill, we have a Road Trustee, who can repair the roads and collect the taxes, and make a good road out of a bad one.
Mr. COMPTON said the field was open for all to get to do his work by contracting with the Road Superintendent; that there was nothing unjust, as the bill gave the land-owner the same chance to do the work and get the same allowance as anybody else. He appealed to the members above all other things to give the State of Indiana a good road law.
Mr. NEFF considered this bill most too radical a change to undergo at the present time. There is a bill prepared by the Revision Committee he considered more applicable to the State of Indiana.
Mr. SMELZER--The people are taxed for roads, and I think under this bill we would get exactly what we want. It would do away with this miscellaneous working of roads. I hope the bill will pass.
Mr. FULLER thought the bill insufficient. The tax imposed would not half meet the demands as specified in this bill, therefore he would oppose it.
On motion by Mr. BUSKIRK the further consideration of this bill was postponed till Wednesday at 10 a'clock a. m.
The House adjourned till to-morrow.
