HOUSE OF REPRESENTATIVES.
FRIDAY, March 25, 1881--9 A. M.The following described bills were read the first time and referred:
By Mr. SKINNER [H. R. 490] to protect butter and cheese manufacturers [any person adulterating milk with water, or otherwise, be subject to a fine.]
By Mr. NEFF [H. R. 491] concerning railroads [a revision, in a concise form, of the several acts, general in terms, but generally introduced and passed to fit special cases, concerning consolidation, appropriation of abandoned roads and leasing roads. These several acts are in many respects obsure and unsatisfactory , as applicable to general use; and the bill now introduced is intended to cure defects in these several special acts by a single act.]
ASYLUM FOR FEEBLE MINDED.
The report of the Joint Special Committee to Investigate the Asylum for Feeble-Minded Children and Soldiers' Home [see pages 270 and 271 of these Reports] was taken up. Mr. EDWINS--I do not believe the report ought to be concurred in, from the fact that this Com- page: 85[View Page 85] mittee was raised for the specific purpose of investigating certain charges in relation to the Asylum for Feeble-Minded Children. The Institution is a new thing, organized two years ago in connection with the Soldiers' Orphans' Home. Three Directors were appointed to superintend the Orphans' Home. The Directors, in framing their by-laws to the Superintendent and officials of the Institution, issued an order that a matron should take under supervision all the Orphans' Home and now this Committee brings in a report to discharge the Superintendent, when the control of the entire Institution was taken out of his hands. At the same time Committee suggest in their report that the department for the feeble minded has been carried on with that great success which ought to be commended. I think it is injustice to the Superintendent to be condemned without being heard. It is entirely unjust and I move that the report of the Committee be referred to a Special Committee of five, to hear evidence on both sides and report at the earliest day possible.
Mr. MITCHELL said he was a member of the Committee, which examined the Institution as closely as any Committee could do in one day, and found everything true as set forth in the report. The books were in bad condition and the Superintendent gave as an excuse for the poor condition of the same that he had not time to keep the books as they ought to be. There were charges made on the books for the purchase of geranium toilet soap, razor-strops, etc--things not necessary for an Orphans' Home.
Mr.BUSKIRK--I can not see why a Committee should bring in a report that a Superintendent has not been doing the proper thing when he bought a razor-strop or rose geranium soap for probably twenty-five cents, and I can not see the consistency of such argument.
Mr. HUSTON--When we visited the Institution they had one day's notice of our coming. They were ready to receive us. The indications were that they had made ample preparation to show up the Institution to us in the best light. We were shown in the various departments, luxuriously furnished. Tne building was well heated. We examined it in detail, not only upon the ground floor, but clear up into the attic. We devoted the entire day to its examination. The statements made in this report are true to the letter. In one room 16x20 there were required to sleep from fifteen to twenty children. The beds were huddled as but few farmers would huddle his boys together. We were show into the school-room, and were informed by those who had the interest of those children at heart that they were not required to attend school, and that many of them were allowed to remain away from school. Some one is responsible for this. The State can not afford to have an Institution and employ teachers, support the school, and at the instance of an offical have the education of those children neglected. The investigation was sufficient to convince any Committee that the Institution was not properly managed. So far as the bookkeeping of the Institution is concerned, there is not a boy ten years old in Indianapolis but what could keep a book in a more business manner than the books of that Institution. They are in such a condition that no man can take those books and make out a statement from them. We should see to it that the State's money is spent in a proper manner, and for a proper purpose. If the officials were compelled to eat at the table with the children they would fare better, and you would not find the greasy knives, such as you find in a fifth-class boarding-houses. It would have a good influence upon the children, and seem more like home. I ask you to concur in the report of the Committee, hoping that the children of the poor soldier in the future will fare better than in the past.
Mr. EDWINS--I was a soldier myself, and I know what it is. I have as good a right to take the part of the soldier and their orphans as anybody, but I do not believe it is right to injure a man's reputation which he has been a life-time in making simply for the purpose of making political capital. In the law of 1879 it was provided that the Trustees should govern and superintend this Institution. It provides also that the Trustees shall meet once a month, and shall have supreme control of all the officials from the Superintendent down. I ask, in the name of all fairness and justice why was not this Superintendent dismissed by the Trustees if his conduct has been as represented? And is it fair to dismiss a Superintendent upon the recommendation of a Committee after visiting the Institution four hours? I hope this report will not prevail. The man should have justice, and have an opportunity to be heard in his own defense. At the time this investigation was going on he had a very sick child, who has since died. The Superintendent dismissed one of the teachers of the Institution, and from that transaction arose this whole mutiny, and I do not think it ought to be allowed by this House that a few of the local officials should cause us to discharge the Superintendent in order to accomplish their purpose.
Mr. RYAN--This Committee was composed of both Democrats and Republicans, and that report was signed by all the members. The three principal charges made against the Superintendent, in my judgment, should recommend the adoption of this report. There is no class of persons to whom the country at large is more indebted than the surviving soldiers of 1861 and 1864. The people so feel, and do not allow the question of politics to interfere with anything that touches or that goes to affect the condition of their descendants. It appeals directly to the best feelings of the people of the State. The Superintendent is the one responsible for all this misconduct enumerated and not the Trustees, as they only go there once a month and could not see the mismanagement of the Institution in its true light.
Mr. GIBSON was decidedly opposed to smirching the Superintendent, and hoped the Trustees would remove him if good cause can be found; but he did not desire the House to strike man who is not the guilty party in the case. He favored investigating the acts of the Trustees of Institution.
Mr. NEFF said: If I understand the purpose of this investigation it is to arrive at all the facts. Taking the admission of one of the Committee--that they have not arrived at all the facts--I want a report that tells the whole truth, and I hope the gentleman from Madison (Mr. Edwins) will modify his motion so that t is matter will go back to the Committee which made the report.
The report was concurred in by yeas 58, nays 24.
Pending the roll call--
Mr. AKIN, when his name was called, said: From the statements made here by the Committee, I think there ought to be a thorough investigation of that Institution. I am opoosed to striking one man own and let others go, who, perhaps, are as guilty, therefore I vote nay.
Mr. SUMNER, when his name was called, said: I desire to say this, in view of the fact that the Committee have unanimously agreed to a report. I believe it is a just and true report, therefore I vote aye.
Mr. SMELZER introduced a joint resolution that the Board of Trustees of the Soldiers and Orphans' Home be instructed to dismiss the present Superintendent, Mr. Ibach.
The resolution was adopted--yeas 53, nays 26.
Mr. GILLUM offered a joint resolution that a Joint Special Committee be appointed to investigate the Asylum for Feeble Minded Children, and that they proceed immediately to inquire into the management of the same.
Mr. EDWINS offered a substitute that a Special Committee of three be appointed by the Speaker page: 86[View Page 86] with power to send for persons and papers to investigate the acts of the Trustees of said Institution--their drawing pay for two Institutions and other matters connected with the Institution.
The substitute was laid on the table.
The resolution was adopted.
CASS SUPERIOR COURT ABOLISHED.
Mr. RIDPATH [Mr. Kenner in the chair] moved to suspend the constitutional rule, and that the bill [S. 299--see page 240 of these Reports] to abolish the Superior Court of Cass County be read the second time by title, third time by sections and put upon its passage. The motion was agreed to--yeas, 74; nays, 3.
The bill was read the second and third times and passed--yeas, 73; nays, 0.
AFTERNOON SESSION.
Mr. Gibson's bill [H. R. 378] to amend an act to repeal the general laws now in force for the incorporation of cities, providing for the incorporation of cities, etc., approved March 4, 1867, was read the third time and passed--yeas, 72; nays, 0.
GRAND AND PETIT JURORS.
The Revision Committee reported on the bill [H. R. 486] concerning grand and petit jurors, recommending its passage with amendments.
The report was concurred in, and the bill was read the second time.
Mr. BENHAM moved to amend by adding "Provided that the several drawing jurors provided for in this act shall be in the presence of the Sheriff and Auditor of the County.'
Mr. BENHAM said in support of his amendment that the bill was designed to provide for non-partisan Juries, and under the bill without the amendment the Clerk who desired could draw from the box his party friends, and thereby defeat the object of the bill, but should the amendment prevail such a course could not be accomplished; and he hoped the amendment would prevail.
Mr. LINSDAY said: I believe the amendment to be a good one, and ought to go in. When the Sheriff does the drawing there ought to be somebody present. There certainly can be no harm in having the Sheriff and Auditor by.
The amendment was adopted.
Mr. KENNER moved to suspend the constitutional rule that the bill be considered engrossed, read the third time and put upon its passage.
The motion was agreed to--yeas, 67; nays, 14.
The bill was read the third time and passed--yeas, 59; nays, 19.
MARSHALL COUNTY.
Mr. Sumner's bill [H. R. 306] revoking certain acts of the Board of Trustees of Center Township, Marshall County, was read a third time.
Mr. SUMNER said the men for whom this relief is asked are men of limited means. They have paid their full rate of assurety upon this mortgage. The tax-payers of my Township have felt interest enough in these parties to ask this honorable body to grant this relief. The petition that has been sent up to us is signed by H. G. Thayer, a heavy tax-payer of our County; also by all three bankers and the leading farmers, and I ask you as a matter of justice and equity to give your vote in favor of this bill.
Mr. WOLF said he knew most of the parties signing this petition, and knew that they were not prompted by a political motive.
Mr. FANCHER said he was personally acquainted with this matter and thought the relief should be granted, as the Township has been reimbursed by taxation.
The bill passed--yeas, 69; nays. 6.
Mr. Wright's bill [H. R. 334] to amend Section 28 of an act providing for the election and qualification of Justice of the Peace, defining their jurisdiction, duties, powers, etc., in civil cases, approved June 9, 1852, was read the third time and passed--yeas, 73; nays, 0.
STATE BOARD OF AGRICULTURE.
Mr. Huston's bill [H. R. 136] to appropriate $60,000 to pay the indebtedness of the State Board of Agriculture was read the third time.
Mr. HUSTON--This bill provides that the Agricultural Society shall issue $60,000 worth of bonds, which shall bear 6 per cent. interest annually, and be secured by mortgage upon the Agricultural grounds. Said new bonds shall be due in ten years, but redeemable in five years, at option of Board--sixty days notice having been given; also, authorizes T. A. W. Davis, Trusteee, to whom a mortgage second in effect was given to secure a debt of $25,000, due the State, to return the same to the State and allow first mortgage to be given for $60,000 loan, and then taking new second mortgage to secure the amount due the State. The bill also appropriates the sum of $4,000 for 1881, and like sum for 1882, out of general fund for paying of interest on the $60,000.
Mr. MEREDITH said the State Agricultural Society first asked for an appropriation of $60,000, and afterward changed their views with reference to it, and they now ask simply for a loan of $60,000. It leaves the State in the same condition as it is now, and allows the State Agricultural Association to make a new loan.
The bill passed--yeas, 54; nays, 18.
3 PER CENT. FUND.
Senator Voyle's bill [S. 72] in relation to the 3 per cent. fund remaining unexpended, authorizing its application for repair of roads, was read the third time.
Mr. MITCHELL said this bill applies, perhaps, only to Washington County. This bill simply has reference to the 3 per cent. fund appropriated by the United States.
In 1816 the United States passed an act giving to the State of Indiana certain lands for the purpose of internal improvements for making, and preparing roads, building, purhasing, and so on. We have between $5,000 and $6,000 in our Treasury and it has never been put out; and I want to get that money out upon our roads. It is used there as a kind of accommodation fund. It is discretionary with the County Commisioners to put out this fund. This act will make it obligatory upon the Commissioners to distribute this money among the Townships of the County. In 1874 there was the sum of $6,380.85 allowed and paid by the United States to the State of Indiana. Instead of paying that money to the different Counties of the State, it was put into the general fund, and the Counties of the State have not received any benefit from it.
Mr. BUSKIRK--I have some doubts as to whether this money can be distributed for this purpose. In order that this bill will have a fair showing I move that it be made a special order for next Tuesday at 9 a. m.
The motion was agreed to.
The SPEAKER announced the regular order to be consideration of the bill [H. R. 271] civil proceeding.
The reading was resumed, commencing at Section 288.
Mr. CAUTHORNE moved to amend to strike out all of Section 317 of the printed bill. He said: This section applies to taking depositions orally, requiring a notice of the name of the person whose deposition is to be taken.
The amendment was adopted.
The House adjourned till to-morrow.
