HOUSE OF REPRESENTATIVES.
THURSDAY, March 31, 1881--9 a. m.The session was opened with prayer by Rev. C. V. Strickland, of Elkhart County.
INDIANA COAST SURVEY.
Mr. Wilson's (of Montgomery) bill [H. R. 359] relating to the operations of the United States Coast and Geodic survey in the State of Indiana was read the third time.
Mr. WILSON said: This is a very simple bill and I hope the House will vote for it. This is a bill similar to the one passed in thirteen States already. As you are all aware, Professor John L. Campbell is making a geodic survey of the State, and it is very difficult to establish stations and protect them without any law on the subject. This bill also provides for the mode of settling the amount of damages to be paid in the case of disagreement between the claimant and the office of survey in regard to the extent of the injury which may be unavoidably committed during the progress of the work.
The bill passed--yeas, 76; nays, 1.
A LEGALIZING ACT.
On motion by Mr. NULL, the constitutional rule was suspended and Senator Foster's bill [S. 119] to legalize the acts and proceedings of the Board of Trustees and other officers of the town of Monroeville, Allen County, was read the first and second times by title and the third time by sections.
Mr. NULL said this bill is to legalize what has been done. I understand that the Trustees did not levy the taxes on the day specified by law, and this bill is intended to legalize the error.
The bill passed--yeas, 69; nays, 12.
CAPITAL STOCK OF BANKS.
On his further motion, Senator Kramer's bill [S. 278] to amend Section 8 of an act authorizing and regulating the banks of discount and depositin the State of Indiana, approved February 7, 1873, was read the first and second times by title and the third time by sections.
Mr. CAUTHORNE said this bill is to amend the old law passed upon the subject of private banks of discount. This bill allows them to decrease their capital stock as well as to increase it. The bill is carefully guarded. It enables banks wanting to reduce their capital stock without going out of business.
The bill passed--yeas, 77; nays, 1.
THE DEAF AND DUMB INSTITUTE.
The majority and minority reports of the House Committee to investigate the affairs of the Deaf and Dumb Institute were read. The majority report, signed by Messrs. Mason, Gilman and Steward, says the buildings and grounds are in a fair condition. There is need of some repairs nd the capacity of the buildings are not equal to the demand. If the General Assembly should wish to erect additional building, a larger appropriation must be made. There is a cause for grave dissatisfacation in the management. That the food is poor in quality is established by abundant evidence. It might seem that a desire to make a report of economical management has led the managers to a sacrifice of the welfare of the pupils, and there is much justifiable complaint in consequence. The price paid for food is sufficient to have furnished a first-class quality, but the inmates have failed to receive full benefit. The Superintendent is clearly disqualified by law--see act of 1879, page 8, Section 7. He may possess all intellectual and moral qualifications, but he is not "skilled and qualified by education and practice" to take charge of such an Institution. He has never before been employed in such an Institution, and was wholly ignorant of the sign language when he took charge, and is unable even now to converse intelligently in the sign language with the pupils. He can neither instruct them, nor is he able to judge whether they are properly taught. The selection of such a Superintendent was in clear violation of law, and will result disastrously to the Institution. The Committee is of opinion that this wrong should be righted as once, and that the Executive of the State should apply the proper remedy.
The minority report, signed by Messrs. Teter and Hargrave, states that the Superintendent is not required by law or otherwise to act as teacher, nor is he required by law to hold intercourse with the pupils in the sign language. The Superintendent is a College graduate, and he had control of educational institutions. The corps of teachers at the Institute are efficient. The school is properly graded and classified. The subordinate officers are faithful and efficient. The accounts are in good condition. The dormitories are neat and clean. Good care is taken of the property of the State. Sufficient provisions, of good quality, are furnished. The progress of the schools is equal to that of any previous year. The Superintendent is highly esteemed by pupils and parents. The law has been compiled with by the Trustees in selecting the Superintendent. The Committee recommends an appropriation for an additional building.
On motion by Mr. THOMPSON, the disposition of the reports was made a special order for April 8 at 10 a. m.
page: 113[View Page 113]MANAGEMENT OF CEMETERIES.
Senator Leeper's bill [S. 10] authorizing County Commissioners to convey cemeteries and providing for their management was read the third time and passed--yeas, 78; nays, none.
PURCHASE OF TOLL ROADS.
The SPEAKER announced the special order to be the consideration of Mr. Floyd's bill [H. R. 77] to provide for the purchase of toll roads and converting the same into free roads; also for the purchase of gravel roads. The bill was read the third time.
Mr. FLOYD said the bill provides for appraisers. The appraisement is made by disinterested parties, three in number, to be appointed: one by the Circuit Judge, one by the County Commissioners, and one by the Township Trustee. This Board is required to make an appraisement of a road upon the petition of two freeholders from each Township. After the apraisment is made a proposition is submitted to the owner or owners of the road or roads for their approval or rejection. If the proposition is accepted by the stockholders or owners of the road, the proposition is submitted to the people, and if they, by vote, say that they wish to purchase such road, the road becomes the property of the County through purchase. It seems to me that this proposition set out clearly in the bill and that all objections ought to be removed, inasmuch as the proposition to purchase is submitted to the people and they decide whether they will buy the pike, or not. You will observe another thing--that is that the appraisement is to be based upon the cash value, not upon the original stock, and in case the appraisement is too high in the judgment of the Commissioners they may dismiss the appraisers and appoint another Board of Appraisers.
There is another phase in which the bill is well guarded, viz: that the maximum tax is to be fifteen cents on the $100. In case there is no gravel road, this fund is accumulated, and can be used for the construction of pikes.
The bill passed--yeas, 54; nays 28.
Mr. LINSDAY called up his bill [H. R. 114--see page 219 of these Reports] to provide for trial by Jury, fixing the number to make a verdict, which heretofore failed to pass for want of a constitutional majority.
Mr. JOHNSON moved to amend Section 1 of the bill by striking out all after the enacting clause, and inserting in lieu thereof that hereafter in the trial of all causes in any of the Courts of this State by a Jury of twelve, the verdict of nine or more Jurors may be received as the verdict of the Jury, if unanimity is not obtained after three hours' deliberation; provided, that the parties in all cases may agree to a Jury of nine or seven, and in case nine should be agreed upon; the concurrence of seven of the nine, after three hours' deliberation, shall be necessary to a verdict. In case seven are agreed upon, five may make a verdict.
On motion by Mr. LINDLAY, the bill was recommitted, with instructions to insert the amendment.
CAPITAL STOCK--INCREASE.
Mr. Hinton's bill [H. R. 254], amending Section 1 of an act to incorporate Manufacturing and Mining Companies for mechanical and manufacturing purposes [may increase stock], was read the third time.
Mr. CARTER--The objectof the bill is to amend the first section of the law in regard to the organization of manufacturing and mining corporations, so that such Companies may issue stock in sums of not over $100 per share instead of $50 per share. The bill also legalizes the action of corporations where they have, under a misapprehension of the law, heretofore issued stock in shares of $100.
The bill passed by yeas, 61; nays, 22.
SIX PER CENT. INTEREST.
Mr. Buskirk's bill [H. R. 3--see pages 102 and 170 and 214], concerning interest and usury, was taken from the table and failed to pass again--yeas, 47; nays, 41--for the want of a majority.
JUSTICES' REPORTS.
Mr. Hargrove's bill [H. R. 279--see page 138 of these Reports], to amend Section 1 of an act prescribing the duties of Justices of the Peace in State prosecutions, was read the third time and passed--yeas, 78; nays, 0.
Mr. Roelker's bill [H. R. 290], to amend Section 3 of an act for a more speedy trial of causes, was read the third time and laid upon the table.
STATE GEOLOGIST.
Mr. Gardner's bill [H. R. 310--See page 144 of these Reports], to establish a Department of Geology and Natural History in this State, was read the third time.
Mr. GARDNER--The passage of this bill is essential to the development of the mining and manufacturing interests of this State. Many of the Counties of this State have valuable minerals and quarries of stone that are not known to the world, and a man of the acknowledged ability of Professor Collett is needed for the purpose of discovering the treasure of the State he loves so well. In the past years, he has brought out two volumes of geology and statistics, which have been of immense value in advertising to the world what we have to invite capital. Millions of dollars have thereby been attracted to the State. Hundreds of thousands of dollars have been paid for our stone that would have gone elsewhere but for his labors But, to do this, he has given his time, his salary, and over $1,000 of his own money. This is, too much to ask of any man. If we would retain him it is essential that this bill should pass. I do not hestate to say that the State could better dispense with the services of any twenty-five Members of this House than it could spare Professor Collett. The works that he issues and the collections that he makes in geology, archeology and natural history will prove instructive monuments of his industry and talents that will be a source of instruction and a cause for pride to every citizen of the State. The mining, manufacturing and commercial interests all demand that we shall sustain a Bureau of Geology. I hope this House in its wisdom will pass the bill. It appropriates $1,800 as the salary of the State Geologist, who, under its operations, will attend to the demands of the different Counties. Should the bill fail to become a law the State would lose the services of Professor Collett, which result would prove disastrous to the interests of the State.
The bill passed by yeas, 56; nays, 22.
LIABILITY OF EMPLOYER.
Mr. Carter's bill [H. R. 29--see pages 90 and 2l0] fixing the liability of employers to employes for injury, was read the third time.
Mr. BUSKIRK said this bill carries out the idea of the bill of the gentleman from Laporte (Mr. Davis). I think the idea is right and shall support the bill.
Mr. MOODY favored the passage of the bill because it protects and provides for the poor man who, when he sustains an injury, has no means of support.
The bill failed to pass--yeas, 39; nays, 36.
THE WORLD'S FAIR.
Mr. Furnas' bill [H. R. 346], providing for a Board of Managers for the World's Fair in New York City in 1883, was taken from the table.
Mr. RYAN said: I believe the project of the World's Fair has collapsed, and I move to lay the bill on the table.
The motion was rejected.
On motion: by Mr. KENNER, the bill was referred to the Committee on Ways and Means.
page: 114[View Page 114]PROTECTION OF GAME.
Mr. Buskirk's bill [H. R. 162] amending Section 1 of an act for the protection of wild game, fixing the time within which it may be killed, was read the third time.
He said this bill to simply to extend the time in which game can be killed. The present law makes the time from October to January. This bill extends the time to February, one month longer.
The bill was laid on the table.
AFTERNOON SESSION.
The Committee on Roads reported on the bill [H. R. 493] to legalize the incorporation of the County Line Turnpike Company, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
ATTORNEY'S FEES.
Mr. Cummins' bill [H. R. 79]: Amendatory of an act concerning illegal attorney' fees (null and void), was read the third time and failed to pass-yeas, 33; nays, 38,
MARRIED WOMEN.
Mr. Kerr's bill [H. R. 219] concerning husband and wife (the wife may acquire property in any way, by her means or individual efforts, and it shall remain her own separate property as if unmarried), was read the third time.
Mr. KERR said this was prepared by the Revision Committee, and was recommended by them. It enlarges the rights of married women. It is a bill that is in every country eminently just and proper, and ought to commend itself to the members of this House.
The bill passed--yeas, 71;, nays 13.
REGULATING MARRIAGES.
Mr. Kenner's bill [H. R. 286] to amend Sections 3, 6 and 9 of an act declaratory of the law regulating marriages and enforcing the provisions thereof by proper penalties, approved March 5, 1852, was read the third time and passed--yeas, 75; nays, 5.
PUBLICATION OF LAWS.
Mr. Kerr's bill [H. R. 9] to provide for the prompt publication of the acts of the General Assembly, was read the third time and passed--yeas, 70; nays, 1.
LIABILITY OF STOCKHOLDERS.
Mr. Carter's bill [H. R. 432] to amend Section 2 of an act providing for the incorporation of Street Railway Companies approved June 4, 1861, was read the third time and passed--yeas, 64; nays, 12.
WILLS--DEAF AND DUMB.
Mr. Carter's bill [H. R. 433) prescribing who may make a will, revocations and contest thereof and perpetuation of the same, was read the third time. Mr. Carter said the only change in the present law is that it revises the manner in which deaf and dumb persons may make a will. Under the present law there is no provision by which they can make a will. They ougnt to have an opportunity with the rest of us.
The bill passed--yeas, 72; nays, 4.
RAILROAD RIGHT OF WAY.
Mr. Ryan's bill [H. R. 434) to amend Section 15 of an act for the incorporation of Railroad Companies, approved May 11, 1852, was read the third time.
He said those of us who have been in Courts and along lines of railroads, in the country, have observed the hardships landowners experience by railroads forcing the right of way through their farms without providing for a payment of the damages for their right of way. This bill amends the law of 1852 in such a manner as to require Railroad Companies, desiring to appropriate an individual's land for right of way, to give a bond conditioned to pay the damages that shall be awarded by the appraiser. As the law is now, a Railroad Company can force its right of way through a man's land, and the landowner has no remedy but to bring suit against the Company, and as a rule they are insolvent. This bill requires them, before they can enter upona man's land and take possession of it, to deposit a sufficient bond for security against damages in the Court of the County in which the land lies. It is in the interest of every landowner in the State, and there can be no objection.
The bill passed--yeas, 72; nays, 4.
ESTRAYS.
Mr. Gibson's bill [H. R. 208] concerning estrays and animals running at large [five days after estray animals are taken up it shall be advertised at three different places in the Township, etc.,] was read the third time.
Mr. GIBSON said this bill was prepared by the Certification Committee. It is simply a revision of the several act passed in reference to estrays and loss of stock running at large. It is condensed, and makes more clear the old laws upon this subject.
The bill passed--yeas, 71; nays, 4.
SEWERS IN STREETS.
Mr. Linsday's bill [H. R. 228] concerning streets and sewers [providing for the appointment of three Commissioners for that purpose] was read the third time.
Mr. NEFF, by unanimous consent, introduced the following amendment to the bill, which was adopted: "By striking out $4 per day [pay of Commissioners] and inserting in lieu thereof $3 per day."
The bill passed--yeas, 64; nays, 0.
GAMING--BETTING.
Mr. Kenner's bill [H. R. 233] concerning gaming contracts [money or valuables lost by bets or gaming can not be recovered or contract made, shall be invalid] was read the third time.
Mr. KENNER said this was very necessary. Where money is bet this law will reach it. When it is deposited, or after it is drawn, it gives a man's wife or children the privilege to recover such valuables. This bill will restrain betting on horse races and many other species of gaming which corrupts our society.
The bill passed--yeas, 70; nays, 0.
RAILROAD RATES.
A message from the Governor was read suggesting the appointment of a Railroad Commission, etc., accompanied with a letter from the Railroad Commissioners of theh State of Alabama.
The message, with the accompanying letter, was referred to a Select Committee of three.
OFFICERS' SALARIES.
Mr. Kenner's bill [H. R. 234] to amend Section 2 of an act concerning the general fund and the expenditure chargeable thereon, approved May 13, 1852, providing for the disposition of unexpended appropriations, was read the third time and passed--yeas, 72; nays, 0.
CRIMINAL AND CIVIL CODE ACTS.
Mr. WRIGHT moved that the Senate be requested to return the concurrent resolution offered on yesterday, relative to having 1,500 copies of the criminal and civil code printed. He said: Myself as well as other Members object to that resolution. It passed this House and there was scarcely a vote at all, for myself I want the resolution reconsidered.
Mr. COLE--I hope the resolution will not be reconsidered. It is necessary to have a certain number of these bills printed for distribution. I move to lay the motion to reconsider on the table.
The motion was rejected--yeas, 36; nays, 41.
page: 115[View Page 115]Mr. CAUTHORNE said: I do not think the meotion ought to prevail to return the resolution because the code should be published for information. The people should be advised as to the contents of the criminal and civil code. The Revised Statutes will not be printed until September or October, and that is the only way the information can be received in the several Counties before that time. The same course was pursued in 1852, and at that time they were bound as the Revised Statutes are bound.
Mr. BUSKIRK said: We all know the expense to this State to publish this matter will be enormous and when it is published it amounts to nothing unless we have the statute with it. It will be a double expense to publish this law now. We have already passed a bill requiring all these laws to be published within sixty days after the close of the session. I think this is all wrong. There can no good purpose be accomplished by it, Every citizen will find out what the law is, and some of them probably to their sorrow.
Mr. WRIGHT felt satisfied that when the members voted upon this resolution its character was not understood. He made this motion to reconsider for the purpose of giving the House an opportunity to understand what the cost of that little enterprise will be. He said he knew where the matter of responsibility rests; that if it was going to involve the cost of $4,000 or $5,000, he was not willing to shoulder the responsibility.
Mr. CAUTHORNE said, in regard to the expenditure: I am willing to bear my full share of the responsibility. I do not expect to shovel upon the Republican party any responsibility that I have contracted. I propose to stand upon my own record and take my share of it. I have here in the interest of economy, and the gentleman can not show me where I moved to print a single bill. The printing of this code will not cost more than perhaps $100.
Mr. KENNER said after the explanation of the gentleman from Knox (Mr. Cauthorne), he was in favor of the resolution, as the people demand information in regard to these new enhancements.
Mr. BAKER was opposed to this motion to recall this resolution, as it looked too much like boys' play to adopt a measure and then recall it. The people of the State want to become familiar with these laws, and it will cost but $200 or $300. He thought it wrong.
Mr. MOODY said the people of different Counties were anxious to have some information about these laws, and I am satisfied that there is not a single member of this House but what has paid out more money for postage, irrespective of politics, to send their constituents papers and information, that their taxes would be. This code, if published, would be sent home to lawyers and attorneys, where they will do the most good, where they will accommodate the most people of the County.
Mr. STEWART said as a matter of economy we should leave the resolution where it is. The House has consumed already enough time to pay for printing these codes. When I get my ten copies I will give them to my Republican and Democratic friends where they will do the most good. I do not think the cost of 1,500 of these copies will blow up either the Republican or Democratic party. I am tired of this child's play of doing one thing one day, and the next day undoing it.
Mr. WRIGHT withdrew the motion.
BRIDGE REPAIRS.
Mr. Linsday's bill [H. R. 339] for the erection and repair of bridges was read the third time and passed--yeas, 73; nays, 0.
Mr. Ryan's bill [H. R. 487] concerning the Supreme Court, was read the third time.
Mr. RYAN said: It is understood by the State at large that the Supreme Court is some 1,500 or 1,600 cases behind. This bill is for the purpose, of appointing a temporary commission to assist the Supreme Judges to catch up with the business. Their time is limited to two years. That is the sole purpose of the bill. It was prepared by the Revision Committee to meet a contingency. It is the desire of the people of the State that it shall become a law as soon as possible.
Mr. MITCHELL said: I would like to understand something more about this bill. It authorizes the Supreme Court to appoint five Commissioners, who shall hold their offices for two years. They are to receive the same compensation as the Judge. The question is: Will they have the authority to pass a single opinion upon a case that is sent up from the Court below? I understand that they are simply to cite the authorities, read over the briefs and bring it up before the Supreme Court for the concurrence or decision.
Mr. RYAN--Nearly every State in the Union has its Constitution in such shape as to limit the number of its Supreme Court Judges to a certain number, and that is the condition of Indiana. The purpose of this bill is to create a Commission, practically and with the same power and authority precisely as the Supreme Court Judges to perform every function except to publish the opinions with their names as Judges. They go into the Court, write, prepare and compare those opinions, determine the question of appeal just as though they were absolute Judges, and the opinion is published in the name of the Judges as required by a constitutional provision. Theoretically they are Commissioners, and practically they are Judges.
Mr. STEWART said there is a necessity for the passage of this bill. There is no prospect of the Judges catching up with the business on hand. The Court is behind, business is accumulating, and the people are demanding relief. This office only continues for two years; and the probability is that by that time the Court will be even and then the Legislature can repeal the act.
The bill failed to pass--yeas, 44; nays, 32--for the want of a constitutional majority.
The House then adjourned.
DEFERRED, MARCH 30--PAGE 107.
MR. FLOYD said: Mr. Speaker, I am surprised that the gentleman from Delaware should offer this amendment, the practical result of which would be to defeat the end sought to be obtained by the temperance people.
The gentleman from Delaware had too much practical good sense not to see the inevitable effect of his amendment. Should this proposed amendment prevail it would not only be more than has been asked by those having the temperance work in hand, but it would ultimately defeat prohibition movement. There are two methods of defeating a measure. One is to oppose it fairly and squarely, and the other is to advocate it too much.
It is not an unusual method in parliamentary tactics for the opponents of a measure to seek to defeat it by pressing it beyond the point of practicability. I do not say that the gentleman from Delaware seeks to do so in this case, but I do affirm that the adoption of his amendment would have that effect. Mr. Huston's resolution contemplates just what the temperance people pray for in their petitions, and I am in favor of giving them what they ask. Gentlemen, let us not break this resolution down with riders, but let us meet the issue fairly. It is an important issue, and I am in favor of meeting it. I hope the amendment will not prevail.
