AFTERNOON SESSION.
Mr. HENRY introduced a bill [S. 362] to legalize acts of the town of Alexandria, Madison County, which was read the first time and referred to the Commmittee on Corporations.
Mr. COMSTOCK said: I ask leave of the Senate to introduce a bill upon the important subject of registration for the purpose of having it read the first time and referred to the Committee on the Judiciary. The bill has been carefully considered and drawn by a former distinguished member of this body, Hon. Charles Reeve, and it is the result of his best judgement upon a matter to which he has given much thought. It is the worthier of earlier consideration from the fact that Mr. Reeve formulated the amendments to the Constitution so recently ratified by the people.
Leave being granted--
Mr. COMSTOCK introduced a bill [S. 363] creating the office of Register in each County in this State, which was read the first time and referred to the Committee on the Judiciary.
THE GENERAL APAROPRIATION BILL.
The Senate resumed the consideration of the bill [H. R. 422] making general appropriations for the years 1882 and 1883.
The Finance Committee recommended that the Attorney General be allowed a salary of $3,000.
Mr. BROWN moved to amend by making it $2,500. He said the compensation above $1,000 was not changed until 1862-63, and it is a fact that Attorney General Denny made not less than $12,000, and from that up to $15,000 a year. That officer skimmed off all the cream, but there is much milk left yet, and pretty rich milk too. The last Legislature fixed the salary at $2,500. The present Attorney General accepted service at these figures.
The motion was agreed to by yeas, 29; nays, 9.
The Committee reporting $1,500 for clerk hire for the Superintendent of Public Instruction being read--
Mr. FOSTER insisted that was too little for this work. He would like to see these clerks receive a decent price.
Mr. OWEN stated there was no need of two clerks all the time in the Superintendent's office.
Mr. BROWN is told the Superintendent of Public Instruction requires three or four clerks, and $1,800 is as cheap as the office can be run.
On motion by Mr. FOSTER, $1,800 was allowed the two clerks of the Superintendent of Public Instruction.
The Senate returned to the consideration of the salary of Treasurer of State.
Mr. LANGDON understood the income of this office for years has been about $21,000 annually. The public funds are deposited for greater safety in the banks of the city, from which he received some 3 or 4 per cen. on the balances, which would average $600,000 every day in the year.
Mr. BROWN--The law which seeks to make it a felony for State officers to appropriate public money is a dead letter, it is said. Whether it is or is not every public servant ought to obey the expressed will of the Legislature, whether that will can technically stand before the Supreme Court or not. The proposed reduction of the salary of the State Treasurer to $1,000 will carry with it legislative sanction to use the State funds and speculate on them as he may desire, and in furtherance of that desire he may lend the State money to some bank that will break, and when sued on his bond will point to this legislative en- page: 98[View Page 98] actments that gave him license to do so. This amendment will be virtually saying to the Tresurer of State that we expect you to make as much as you can from lending the public funds. If $3,000 is given to him, he can live on that and act honestly in his office.
Mr. LANGDON acknowledged there are grounds for difference in this matter, but the Courts have held a County Treasurer is an absolute debtor for the public funds, and an insurer for the return of the funds, whether he loses the principal or not, when demanded by the proper authority. Being thus responsible, the public interest is better subserved that to place that officer in the position of . If he be liable for the principal, to be returned on the public demand, then that officer should have the right to put the interest in his pocket. If is part of prequistes of the office. The Commonwealth ought to be served by the best skill and best honor in the Commonwealth, and such salaries should be paid as will attract such persons to the public service.
Mr. BELL is satisfied this Committee did not look in the law very closely. The bill concerning offices and officers declares the State's money shall be kept in the place provided therefor, and the State Treasurer is expressly prohibited from loaning the public moneys.
Mr. CHAPMAN objected to the impression going out that this body assents to the loaning out of public funds by its custodians. If the State Treasurer does deposit public funds, loan it out or receive interest therefor, he is guilty of felony. A salary ought not to be based on the idea that the Treasurer is to make money in an illegal way. If proof is made that such an officer has received interest, it can be recovered by a proper proceeding instituted by the Attorney General.
Mr. WOOLLEN favored reduction of salaries when the public good will admit of it, but as the reduction of the salary would be a tacit admission that the State Treasurer may loan out the public funds he should oppose it.
Mr. Comptons motion to allow the Treasurer of State a salary of $3,000 was agreed to by yeas, 33; nays, 6.
Mr. GRUBBS moved to amend the Committee report to giving the State Librarian $1,200, Assistant $750, Janitor $600, Night Watchman, $500. He believed an Assistant Librarian necessary--the report of the Committee to the contrary, notwithstanding He would like to know why the Committee propose to leave that office not only without an assistant but without a janitor and night watchman also.
Mr. OWEN explained that a janitor is provided for in another part of this bill. It was the intention of the Committee to let the Librarian employ an assistant out of the $1,500.
Mr. WILSON stated that the salary of State Librarian is fixed by law at $1,200. It is not advisable to expend money for the purchase of books for the State Library because of the insecure and inappropriate quarters the Library will have to occupy until the completion of the new State House. The Committee amendment proposing $,500 for the Librarian ought not to prevail. There are only about an average of five letters received per day.
Mr. FOSTER opposed the Committee amendments to this section. As soon as the new State House is completed there will be ample work for all the officers named in the House bill; indeed, there is work enough for them now, and he desired to see the bill remain in this particular as it came from the House.
Mr. GRUBBS' amendment was agreed to, item by item.
Mr. COMSTOCK moved to increase the pay of Prosecuting Attorneys from $500 to $800. They are a poorly paid class of officials. This slight increase would bring to the aid of the State a better class of talent for these responsible positions.
Mr. GRAHAM could see no reason for increasing these salaries. He thought the present incumbents are competent, and never knew it to be the case where an increase of salary benefited the service. He would prefer to make a large deduction in some of the salaries of judicial officers. He opposed the amendment, and opposed an increase of almost any salary.
Mr. SPANN believed it a fact that the office of Prosecutor was of as much importance as the Judges, and where competent should be paid as much as the Judges of the Circuit Court. We want stringent liquor and other laws, and yet we are not willing to pay competent men to enforce these laws, but make the salary so low it has to be left to third-rate men to see our enactments are respected and carried into effect.
Mr. FOSTER knew that $500 was not enough pay for Prosecuting Attorneys. He thought $1,000 would be little enough. The Codification Committee thought their salary should be $1,500.
Mr. BELL thought Prosecuting Attorneys ought to be paid better. There is no use of passing laws unless they are enforced, and their enforcement should not be left to incompetent men. He favored the amendment.
Mr. GRUBBS referred to the statute instructing the compensation of these officials at $500.
Mr. TRAYLOR contended if this bill appropriates more than the statute names, only the sum in the statute could be drawn. In many cases citizens club together to employ assistance for Prosecuting Attorneys. The enforcement of the criminal law is all the security citizens have that when they retire at night their property will be safe when they rise in the morning. He favored the amendment.
Mr. BROWN moved to amend by increasing the pay of Prosecuting Attorney to $1,000. If his business receives reasonable attention he has no time to give other business any attention.
Mr. GRAHAM believed the compensation be made from $1,500 to $2,000 in every District in Indiana. If there are meager fees it is because the laws are not enforced. These laws of this State are enforced as well as the laws of and State in this Union.
Mr. HENRY favored the amendment, being satisfied Prosecuting Attorneys are not paid as they should be. Admitting the average Prosecuting Attorney gets $2,000, they have to work too hard for it. In order that we may have the criminal law obeyed these offices should be filled by competent lawyers.
Mr. GRUBBS thought there is force in the objection to this amendment that a statute fixes the salary of a Prosecuting Attorney at $50. In this appropriation bill it is not right to appropriate more than the salary fixed by law. Can the administration of the criminal laws be improved by increasing the salary of Prosecuting Attorney? If that is desired, let the fees be increased and make it to their pecuniary interest to enforce the criminal laws of the State. In a majority of the Circuits the Prosecuting Attorney is well paid. He believed the State ought to be represented by as able men as any representataive at the Bar of our Courts.
Mr. URMSTON believed it admitted that better pay will bring in a better class of officers. The Prosecuting Attorney's pay should command men who can bring out all the facts withoug having to bring in outside help. It will deter criminals, because they will know the State has men capable of prosecutirg her pleas to a successful termination.
Mr. GARRIGUS, for the first time this session, favored an increase of salary. Those who represent the people as Prosecuting Attorney in many cases have to fight the world, the flesh and the devil, with nobody to hold up his hands, and nobody to hunt up witnesses for him.
Mr. BENZ never knew of any candidate refusing the place in his District. Indeed, one man paid about $200 to get the place down there.
The amendment allowing a $1,000 salary to page: 99[View Page 99] Prosecuting Attorneys was rejected by yeas, 13; nays, 28.
The amendment proposing $800 was also rejected--yeas, 17; nays, 25.
So the salary remains as in the House bill at $500.
Mr. COMSTOCK moved to amend by making the appropriation for Prosecuting Attorneys $700. Pending which motion--
SEWER TAX IN INDIANAPOLIS.
Mr. VAN VORHIS moved to take up the bill [S. 246] allowing the Common Council of Indianapolis to levy a special tax for sewer purposes, dispense with the constitutional rule, read the bill the second time by title, the third time by sections and put it on its passage now.
The motion was agreed to--yeas, 36; nays, 1.
The bill was read by title only for the second reading, the third time by sections, and passed the Senate by yeas, 36; nays, 0.
REVISION OF ELECTION LAWS.
On motion by Mr. CHAPMAN, the bill [H. R. 225] concerning elections, embracing a codification of all laws relating to elections, was taken up and, under a dispensation of the constitutional restriction, read the first time by title only and referred to a Special Committee of Three.
The Lieutenant Governor makes this Committee to consist of Messrs. Chapman, Viehe and Lockridge.
The Senate took a recess till 7 1/2 o'clock.
