HOUSE OF REPRESENTATIVES.
FRIDAY, April 1, 1881--9 a. m.INSANE ASYLUM INVESTIGATION.
Mr. RYAN offered a concurrent resolution that the Chairman of the Committee for the Investigation of the Insane Hospital be allowed to employ a short hand reporter to report evidence, etc., and that the Chairman be allowed to administer oaths. He said the investigation has been going on for three evenings, and that such disclosures have been made as to justify the Committee in directing me to offer this resolution, and to state it is important that the testimony should be taken. The managers of the Hospital have procured a like reporter to represent their interest. This investigation should be done in such manner that the evidence can be presented to this House and the people.
Mr. EDWINS said it was unecessary to put the State to this expense of a short-hand reporter; that other Committees took evidence by the clerks.
The resolution was adopted.
REPORTS FROM COMMITTEES.
The Judiciary Committe returned the bill [H. R. 379] for the establishment of a Commission of Claims against the State, recommending the passage of a substitute; also, on the bill [H. R. 480] concerning publications of Sheriff's sales, recommending its passage.
These reports were concurred in and the bills were read the second time and ordered engrossed.
FREE GRAVEL ROADS.
A majority of the Committee on the Judiciary reported in favor of the passage of the bill [H. R. 358] in relation to free gravel roads, construction, etc., and a minority recommended that the bill lie on the table.
Mr. LINSDAY spoke in favor of concurring in the minority report.
Mr. KENNER was opposed to the passage of this bill, and favored the adoption of the minority report, for the reason the provisions, if enforced, would have an injurious effect upon the people of the County. One of the provisions requires the County to be responsible for the bonds issued for the construction of such roads, thereby burdening land-owners far distant from the road, not having any interest in its construction.
Mr. COLE was of the opinion that this bill, if it should become a law, would work no good. He favored the minority report.
Mr. FLOYD said: I agree with the gentleman from Huntington (Mr. Kenner) that the law is right as it is, without this proposed amendment, for the reason that the County is not the contracting party, and should not be held liable for the contract to build a gravel road.
Mr. BUSKIRK said: If this proviso is stricken out of every tax-payer in the County would help to pay these bonds, while, leaving it as it is, only those living near the road, receiving the benefit of such construction, will be held liable.
Mr. TETER said: The intention of the author may be good enough, but the effect of the bill may overreach his intention.
Mr. LINSDAY--The gentleman from Huntington (Mr. Kenner) says under the provisions of this act the County is responsible for the acts of County Commissioners. I defy any lawyer or business man to point to a single case where a County officer in the discharge of his duty becomes responsible for a dollar. When do Courts become responsible for erroneous judgments? You can not find it anywhere. They are never pecuniarily responsible for a dollar. These bonds are affected by the proceedings of the County Commissioners, who are the agents of the County. The only question involved is one of cost.
The minority report was adopted--yeas, 56; nays, 27.
EDUCATION OF PAUPER CLILDREN.
t Senator Spann's bill [S. 130--See page 66 and 152], for the education of pauper children, was read a third time.
Mr. FANCHER said: We have some 600 poor children confined in our Poor Houses, who are not receiving a particle of education. This provides for a Matron, who shall lodge, educate, and board these children at her house--keep them there and educate them. If the Matron has no house, it provides that the County Commissioners may erect one.
Mr. RYAN--I understand from the reading of the bill that there is nothing obligatory upon the Board of Commissioners to do so.
Mr. FANCHER--That is so. It also provides that such matron shall not receive more than thirty cents per day for the care of those children.
Mr. BUSKIRK moved to recommit the bill to a Special Committee, with instructions to amend so as to provide for the appointment of a new Superintendent.
Mr. BARTLETT said: I can not see the necessity of recommitting the bill. It provides that the shall be a female of suitable age and experience to take care of these children--be under her care--give them what we call a family training, that the children may be educated and sent to the Common Schools This is what is known as the "Merritt bill," which was presented in the House by myself, and when the Senate bill was referred to the Committee on County and Township Buildings, the Senate bill was substituted for this. I move to lay the motion to recommit on the table.
The motion was agreed to.
The bill passed--yeas, 77; nays 16.
Mr. Edwins' bill [H. R. 247] to regulate the proper entry of mortgages was read the third time.
Mr. MOODY--I am very much opposed to the passage of this bill. I think it is intended to accomplish that which has already been accomplished by the general tax bill passed by this Legislature. The gentleman from Madison (Mr. Edwins) says this bill will reach and cause to be taxed $5,000,000 of property that will escape taxation under the tax law. I ask the gentleman why he does not specify what property he expects to reach for taxation by this bill, not provided for in the tax bill already passed. How absurd this bill is when examined. It provides that all mortgages, before the Recorder can record them, must be entered upon the Auditor's books for taxation. Do you think a man living in Steuben County and loaning his money in DeKalb should be required to pay for the unnecessary work of entering his mortgage upon the Auditor's books for taxation, or does the gentleman propose that he shall pay a tax in both Counties? The same difficulty arises as to non-residents. Thousands of dollars are loaned by non-residents to the people of our State, and this bill proposes to tax their mortgages. What justice is there in this? The people want all property taxed once and only once, and I think the new tax bill will accomplish this, and to pass this bill will only tend to confusion without any corresponding benefit to any one. Many reasons might be urged against the passage of this bill, but I hope a word to the wise is sufficient.
Mr. GILMAN said: I believe all property page: 120[View Page 120] should be taxed, and it may be taxed twice, but when it comes to taxing it three times it is a little too much. Under the tax law just passed we have to pay a tax on all kinds of property. I pay a tax upon my farm and lands, and the man who loans me money on a mortgage pays taxes on the mortgage. Whether a man lives in or out of the State he is taxed just the same. Now this bill proposes to make the Auditor of each County a Smelling Committee to see that the citizens shall be compelled to pay taxes. I hope the bill will not pass.
Mr. CARTER thought the principle of the bill was wrong; furthermore, that ground has been fully covered by the tax law to the utmost of our ingenuity. That was supposed to reach every species of property. He thought if property under that law escaped the Assessor the owner perjures himself or escapes under the eyes of the officers. This bill says that every mortgage shall be recorded in the Recorder's office for taxation. A mortgage is not a subject for taxation. It is not a thing of itself, but it is the security of a debt, and yet the gentleman comes in here and pretends to say that a man who makes a mortgages shall first go into the Auditor's office and have it entered for taxation.
Mr. EDWINS said that he did not wish to detain the House very long in discussing this bill, as he had discussed the merits of the bill at some length on two several occasions before, and he was satisfied that in spite of what he could say the capiialists and their agents would not allow such a bill to pass this House. He was well aware how unpopular it was to advocate any measure looking to the taxing of the property of the rich with their agents here on the floor of the House guarding their interests. It was a fact patent to all that those who were worth only from $5,000 to $15,000 paid the taxes of the country. The great bondholders of the Nation were exempt from taxation, and the wealthy classes of this State were only trying to follow these examples. We ask simply that there shall be placed on the Auditor's duplicate the evidence of money loaned in the shape of mortgages, so that the Auditor could certify to the Assessor, just like he would a deed, the amount of such property. Is there any hardship in that? Certainly not. And all this sophistry is certainly in bad taste in those gentlemen opposing a measure that would place so much property on the tax duplicate for taxation that is now hidden away.
The bill failed to pass--yeas, 27; nays, 55.
The SPEAKER made the Committee, concerning the relaying of the corner-stone of the State House, to consist of Messrs. Miles, Carter and Hargrove.
OIL INSPECTOR.
Mr. FANCHED moved thoat the House do not recede from its amendments the bill [S. 25] repealing an act for the appointment of an Oil Inspector, and that a Conference, and that a Conference Committee be appointed.
The motion was agreed to.
AFTERNOON SESSION.
BILLS FINALLY PASSED.
Mr. Chandler's bill [H. R. 362] in relation to promissory notes, bank checks, bills of exchange, excepting the holidays, for the prsentation and payment of the same, was read the third time and passed--yeas, 63; nays, 9.
Mr. Neff's bill [H. R. 231] concerning partition fences, was read the third time and passed--yeas, 52; nays, 22.
Senator Henry's bill [S. 176--see page 113] to amend Section 3 of an act regulating the adoption of heirs, approved March 2, 1852, was read the third time and passed--yeas, 80; nays, 0.
Senator Menzies bill [S. 155] concerning Circuit Courts, was read the third time and passed--yeas, 77; nays, 0.
Senator Menzies bill [S. 212-see page 146] concerning ferries and prescribing punishment for the violation of its provision.
Mr. GIBSON said this bill provides that when a man owns a boat in Kentucky, he shall pay a license in this State, and puts him upon the same footing as ferries in Indiana.
The bill passed--yeas, 74; nays, 0.
PATENT BALLOT-BOX.
S Mr. MOODY moved to suspend the regular order and to reconsider the vote of the House refusing to ask the Senate to return the bill concerning elections and the contest thereof to this House. He said: When that bill was upon its passage through the House I sought an opportunity to protest against its passage. I made a careful examination of this bill after it passed. The only recommendation the bill had was that it was originated by the Codification Committee. This ballot-box will cost the people of Indiana $75,000 to cast a vote which ought to fall as easily and free to the citizens of Indiana as the beautiful snow; yet this bill was hurried through simply because the gentleman from Delaware (Mr. Ryan) thought the people of Indiana wanted it. I believed when that bill passed that it would not protect the elective franchise. I believed it was a fraud upon the people of Indiana, and I am now convinced and make this effort for the purpose of reconsidering it.
Mr. CARTER--If this is a bill that will conflict with the rights of the Democratic party, the Senate can take care of it. I do not think we ought to have this bill brought back here. It has been away a number of days. It passed this House. We could not reconsider it except by a two-thirds vote.
Mr. RYAN said: It can not be possible for a man who talks as much as my friend on the left to always tell the truth. He can not always be posted on every question. The harangue has been more for the benefit of the Democracy of Indiana than the people in general. If he was so overcome with indignation, why did he not at the proper time and place manifest it? The passage of this bill was inspected and sanctioned by men of his party upon this floor--men who have more regard for the purity of elections than I think the gentleman has, from the speech he undertook to make upon the pass ge of this bill. I will venture to say that there is not a man who can produce a single objection to the features of that bill. This is not the time nor place to discuss this question.
Mr. EDWINS--The motion this morning was not for the purpose of bringing about a discussion. No one denies but what the ballot box contemplated in this bill will be useful, but I do claim that where we find that we have made a mistake, and can correct it, we should do so. Twenty-five dollars is too much to pay for these little insignificant boxes, when we can get them for $5 or $10, and I think that is sufficient to pay for them. I favor this that the Members of this House may have an opportunity to correct the mistake. This is the place to remedy the error, where it originated; therefore I am in favor of the motion.
Mr COLE--I desire to say that it comes in bad taste from a gentleman who occupies as much time as the gentleman from Delaware (Mr. Ryan) to refer to the time occupied by the gentleman from Dekalb (Mr. Moody). I do not think this is a political question. I voted for the bill when it passed the House, and might vote for it again. I understood it was a fire-proof and burglar proof balot-box, one in which it was impossible to get an illegal vote. I have learned since that a plan was devised by which illegal votes were deposited into that ballot-box, and that it was only defeated by accident. I would like to examine this thing, and think it proper that the Houe should examine it, and if it can be shown that the boxes can be purchased for less than $25 a piece, it is right and just to do so.
Mr. MOODY said: "I did not suppose that page: 121[View Page 121] when I moved to reconsider the vote that I was going to strike the representative of the patentee of this ballot-box. I did not suppose that he was in the hall of this Legislative Assembly. I did this for the purpose of getting to reconsider the action of the House on the bill, and if there could be any improvement made let it be done; but for one, I am not willing to vote away $75,000 of the people's money for a thing that is of no earthly benefit to the State.
Mr. RYAN moved to lay the motion to suspend the regular order on the table.
This motion was rejected--yeas, 42; nays, 44.
The motion to suspend the regular order was also rejected.
SENATE BILLS PASSED.
Senator Menzies' bill [S. 245] to enlarge the power of incorporated cities was read the third time.
Mr. GIBSON said this bill was simply to extend the powers of City Councils.
The bill passed--yeas, 72; nays, 1.
Senator Langdon's bill [S. 157] to amend Section 44 of an act concerning guardian and ward, was read the third time and passed--yeas, 71; nays, 0.
Senator Veihe's bill [S. 153] to amend Section 1 of an act supplemental to an act concerning assignments of personal and real property for the benefits of creditors, regulating the manner, etc., was read the third time and passed--yeas, 69; nays. 0.
Senator Comstock's bill [S. 168] to amend Section 11 of an act touching the relation of guardian and ward, approved June 11, 1852, was read the third time and passed--yeas, 70; nays, 0.
Senator Menzies' bill [S. 156-see page 151 of these Report ] to amend an act concerning partition of land, approved May 20, 1852, was read the third time.
Mr. FRAZIER said the only material change in the bill is it gives trustees, administrators and executors powers in certain cases.
The bill passed--yeas, 69; nays, 1.
Senator Menzies' bill [S. 213] for the incorporation of Public Libraries, was read the third time and passed--yeas, 67; nays, 1.
The Senate amendments to the bill [H. R. 237] concerning landlords and tenants, were concurred in.
Mr. Skinner's bill [H. R. 490] to protect butter and cheese manufacture, was read the second time.
NEW PROPOSITIONS.
The following described bills were read the first time and referred:
By Mr. HINTON [H. R. 495]: To legalize the organization of Turnpike Road Companies.
By Mr. EDWINS [H. R. 496]: Concerning the ballot-boxes to be used at elections within this State. [Such box not to exceed in cost $10.]
By Mr. FULLER [H. R. 497]: For the employment of convict labor in State Prisons. [Shall be let out to the highest bidder at not less than ninety cents per day.]
By Mr. MURRAY [H. R. 498]: To authorize and empower Macadamized and Gravel Road Companies to enter upon land and condemn and appropriate stone and gravel situate to be used in the construction of such roads, providing compensation, etc.
By Mr. LINSDAY [H. R. 499]: To establish County Courts, defining their jurisdiction, duties and powers, providing for the payment, election and compensation of Judges thereof, requiring County Commissioners to do certain things in aid of said Courts, directing the transfer of business to other Courts, etc.
The House adjourned till to morrow.
