HOUSE OF REPRESENTATIVES.
THURSDAY, April 7, 1881--9 a. m.REPAIR OF CEMETERIES.
Mr. Bryant's bill [H.R. 132] to provide for the fencing, repair and keeping in repair public cemeteries of the several Townships of the State was read the third time.
Mr. BRYANT said this bill authorizes the Trustees to repair fences of the burial grounds in the different Counties and Townships. Such repairs are necessary in almost every cemetery in the State. This bill is for the purpose of keeping them in good condition. I hope the bill will pass.
Mr. THOMPSON said the bill was before the Committee on County and Township business. It provides that the Township Trustee shall levy a tax of not to exceed two cents on the $100, for the purpose of keeping up these repairs. It is a bill very necessary. We have a great many burial grounds established years ago which have been neglected. This bill makes it a duty of the Township Trustee to levy this tax and make the repairs. It is a bill that ought to pass.
Mr. WLSON moved to amend the bill by inserting in line eleven the word "purchasing" after the word "fencing."
The amendment was agreed to and the bill passed--yeas, 72; nays, 7.
BUILDING AND LOAN ASSOCIATIONS.
Mr. Buskirk's bill [H. R. 361--see page 186 of these Reports] giving Building and Loan Associations power to make by-laws for the assessment and collection of fines from delinquent stockholders, concerning forfeiture of right of delinquent members, etc., was read the third time.
DESTRUCTION OF BIRDS OF PREY.
Mr. Cabbange's bill [H. R. 417--see page 274 these Reports] to encourage the destruction owls, hawks, crows, and such mischievous birds as prey upon poultry, was read the third time.
Mr. RYAN--There is one reason why, it its present shape, the bill should not pass. The second section is drawn in such a manner as to lay it open to very serious abuse. I understand that the officers are not to pay for scalps only of such birds as pray upon poultry. Who is to determine what kind of a scalp it is? It might be a chicken head or some other head. Besides, there are a great many birds which feed on poultry that are not mentioned in this bill. I think that bill ought to be withdrawn and given to the proper Committee for amendment.
The bill passed--yeas, 53; nays, 34.
WITNESS FEES.
Mr. Carr's (of White) bill [H. R. 482] concerning witness fees, providing for the duties of officers receiving the same, was read the third time.
Mr. CARR said: "This bill provides that whenever any witness fee is paid it shall be the duty of the Clerk of the Court, or the Justice of the Peace, who receives the same, to forthwith notify witness entitled to such fee by postal card, addressed to the witness at the Postoffice nearest to said witness' residence of the receipt of said money, which card the aforesaid officer shall deposit in the nearest Postoffice, and for which service, including the expense of the card, said officer shall be entitled to the sum of two cents for each witness, to be deducted out of said witness fee. The way the law is now a great many poor people that are forced to attend Courts and are not able when they get there to pay their hotel bills or lay about depots. Under this bill they are duly notitied either by the Clerk of the Court or Justice of the Peace to notify the witness when such fees have been paid in which justly belongs to them. I hope the bill will pass.
The bill passed--yeas, 77; nays, 3.
Mr. Carter's bill [H. R. 464] concerning witness fees [allowing for attendance on the Superior of Circuit Courts $1 per day, outside of the County $1.25 and five cents mileage,] was read the third time and passed--yeas, 71; nays, 1.
INTEREST ON REDEEMED LANDS.
The Judiciary Committee reported on the bill [S. 327] in relation to the redemption of lands, on sales of execution and decrees of Courts, recommending its passage.
The report was concurred in.
On motion by Mr. CAUTHORNE, the constitutional rule was suspended--yeas, 69; nays, 12--and the bill was read a second time by title, the third time by sections, and put upon it passage.
Mr. RYAN offered to amend sections of the bill by striking out the words "eight" in that part of the bill providing for the interest on redemption, and insert instead "six."
The amendment was rejected.
Mr. RYAN moved to recommit the bill with instructions.
Mr. FRAZER made an ineffectual motion to lay the motion on the table--yeas, 36; nays, 46.
Mr. CAUTHORNE said the law upon the redemption of this land is 10 per cent., and this bill reduces it from 10 to 8. If this bill is recommitted, the law will certainly stand as it is now. This bill has been carefully drafted and examined by two Committees, which recommend it. The bill will fail if it is recommitted, that will be the result.
Mr. MEREDITH--I wish to amend the bill by saying that the rate of interest shall be whatever the contract between the parties was.
Mr. KENNER wanted the bill to pass just as it page: 145[View Page 145] is, because if the bill is amended he thought it would defeat the measure, but the interest would remain as it is, namely, 10 per cent.
Mr. RYAN--I want to know if the creditor has not been pretty well protected and reimbursed, and the debtor has not been compelled to pay all the costs and attorneys' fees; and I submit if it is not fair and reasonable that the creditor should let up somewhere and begin to take 6 per cent. interest on the amount? I do not see any harm in this. It does not discourage the collection of debt. It does not rob the creditors of a single dollar. He is paid the attorney fees costs and the interest, and still we hear the cry "Give!" "Give!" "Give!" It will not hazard anybody's interest to recommit the bill.
Mr. MEREDITH moved a substitute to the amendment, by providing that the rate of interest may be controlled by the contract, which shall not exceed 8 per cent.
The substitute was rejected--yeas, 26; nays, 31.
Mr. MOODY was opposed to recommitting the bill for the reason that a change in the rate of per cent. would defeat the bill both in the House and Senate. He thought 8 per cent. much better and more just to the people.
The motion to recommit was rejected--yeas, 55; nays, 45, and the bill passed--yeas, 69; nays, 11.
WOMAN SUFFRAGE.
Under the operation of the rule, Mr. CHANDLER called up joint resolution [No. 8] proposing an amendment to Section 2 Article 3 of the Constitution so as to submit to the people the question allowing women to vote. The Committee on Woman Suffrage reported on the resolution recommending its passage.
The report was concurred in.
Mr. KENNER said: If the people of the State of Indiana by a vote will say that women shall cast their votes, I am in favor of giving them the privilege, and I am in favor of giving the people of the State that chance, and not say that 150 men here have all the power supreme in this matter.
Mr. BAKER--I go beyond this resolution. I am in favor myself of the women voting, and hope to see the day when they will vote for every office in this Government, from Supervisor up to President of the Republic. I wish to make the following points: (1) That the right to vote and hold office in a republican form of government is a right that should be as sacredly enjoyed by women as by men. (2) Suffrage should be granted to women, not because they are asking for it or demanding it, but on the principle of eternal justice and right. (3) That if the Queen of England, Ireland, Scotland and Empress of the Indies is fit to rule over the greatest Kingdom on earth, the women of America are fit to vote, and especially are they fit to vote in the State of Indiana. [Applause.] (4) If the Englishmen can point with honest pride to the Queen and their crown, the American need not be backward. The mothers of Ulysses S. Grant and James Garfield yet live. The 4th day of March last was a memorable day in the history of our Republic. A woman saw her son step from position to position until she beholds him as he raises his hand to Heaven and swears to support the Constitution of this counry in the administration of the Presidency, the highest office in the gift of a free people. What a grand lesson it teaches the youths of our lands that the way is open to them all to achieve honor and distinction. (5) That a woman who sees her son inaugurated as President of the United States is fit to take part in the affairs of government: that the mothers who gave us birth, the wives of our bosoms, and the sisters who were the playmates of our childhood, should not be denied the right to vote on account of her sex. (6) That history of the past shows us that it is the laws of mankind, the most ignorant and most degrading, and the most brutal, who treat their women as inferiors and deny them the rights that nature and nature's God does not deny them. [Applause.] (7) That at as early a period as the same can be done, this question should be submitted to the people for ratiffication or rejection, as an amenment to the Constitution, that will give all females the right to vote. at all the elections in which men vote, then, if the ladies do not exercise the right open for them, the fault will not rest with the voters; but grant it and no harm will or can result from it. The idea of female suffrage in principle is no barren ideality, but living issue destined to be crowned with success. (8) That the opposition is founded upon prejudice, ignorance and superstition (applause) more than upon reason and common sense. In plain words, the opposition to female suffrage is barbarism on one side and old fogyism on the other side.
Mr. FRAZER felt full confidence in the people's ability to govern and control themselves, and was perfectly willing that this matter be submitted to them for their decision.
Mr. SINCLAIR--Inasmuch as ladies are persistent upon this subject, and they have a right to petition to this Legislature for this purpose in order to settle the question, I think it should go to the people in the shape of this resolution, and let the people vote upon the question as to whether there shall be an amendment to the Constitution giving the ladies the right to vote as well as the gentlemen. For my part I am not afraid of the women, as some of my colleagues. I am not afraid of their voice.
Mr. FALL--Are you worried?
Mr. SINCLAIR--That is the very point I wish to mention. I stood out against their influence for about forty years and I am unmarried still. Perhaps some of the gentlemen against the bill will urge that as a reason for my taking part in discussion. I am in favor of woman suffrage. I m in favor of persons having a voice in the making of the law by which they are governed. I say as long as you tax the female's property--as long as you make her amenable to the law--she has a right of representation at the ballot-box, and there is no use in gentlemen to try to escape that. They might as well accept the inevitable, for the women of this country have become a part of the machinery of this great Government. They have become a part of the commercial and manufacturing interests. We can not do without them, and inasmuch as they are taking part in all matters, they have intelligence to vote upon any subject that may come before the American people, and I say it is selfish for a man to say that a woman who is taxed and governed by the law of this land is not entitled to vote. Therefore, Mr. Speaker, I am in favor of submitting this amendment to the people to determine whether women shall vote or not. [Applause.]
Mr. MITCHELL said while he did not consider this resolution in the same light as the bill before the House in time past, he thought it came with poor grace from a man on this floor to say that opposition to this measure was a criterion of ignorance and barbarism. He favored giving women privileges so far as her natural constitution makes her capable of performing the duties devolved upon her, but this would be out of her sphere. The majority of the people should be allowed to decide this question, but since the majority, or nothing like a majority, did not ask or petition for this privilege, he was opposed to submitting this question to a vote of the people. For that reason he opposed the resolution.
Mr. SCHWEITZER wanted to know if the gentleman has a mother-in-law.
Mr. MITCHELL--I have the best mother-in-law and wife in the land.
Mr. SCHWEITZER--Two years ago he was in favor of female suffrage; he was a bachelor then; now he is married and is opposed to the measure. [Laughter.]
page: 146[View Page 146]Mr. BARTLETT said this is not a question whether we will allow women to vote or not, but whether we will allow the people to say whether or not they will allow wome to vote. The gentleman says her natural physical abilities disqualifys her as a voter. I say women are intellectually qualfied better than a great many men to perform that duty.
Mr. EDWINS--I am in favor of the resolution; I am in favor of the women voting. I voted for the House bill to give women the right to vote and shall certainly do so now.
MR. SPEAKER--Having heretofore voted to extend to women the elective franchise when the bill for that purpose was before the House some time ago, I have put myself upon the stand in favor of women voting, and I shall cheerfully vote for this resolution to-day. The gentleman from Jay and Adams (Mr. Baker) stated that no one but Bourbons and old fogies opposed this measure. Now, I desire to state, sir, that such is not the case. As instance, the fact of the gentleman from Marion (Mr. Hinton), a Republican, whose race was only recently released from bondage and given this same grand boon of suffrage, that he now as a Republican denies to the intelligent women of our land; and again, sir, another gentleman from Marion (Mr. McSheehy) who voted as a Republican against this measure, whose people and race have always been hospitably received and granted this same privilege. And it comes in very bad taste from the gentleman from Adams (r. Baker) who occupies a position on this floor by the votes of those same Bourbons whom he stigmatizes as ignorant fogies. Mr. Speaker, I hope the resolution will pass.
Mr. CARTER--When a bill came up allowing women to vote for President and Vice President of Uaited States I voted against, and if it should come up again I would vote the the same way for many reasons, one of which is the great question as to the constitutionality of such a law. If it is right that women should vote at all they should be allowed to vote upon all propositions that come before the people without regard to the question as to what I think is right. I shall favor this resolution because it does not give us the right to say whether they shall have the right or not, but because it gives the people the right to decide that question.
Mr. WALZ said: I am willing to submit this question to the people, for them to decide, not because I think the social relations of the women will be bettered by being made voters of this country; on the contrary, I think it will be worsted, for when they go into the political pool there will be no preference, but they must stand upon an equality with men. The conditions of affairs now is that they have preferences in society which they will not have if they are made voters. As this question is to be discussed when the people come to vote upon it, it is unnecessary to discuss it fully now.
Mr. FLOYD was in favor of the resolution. The indications and dispositions are in favor of universal suffrage. He favored suffrage of the colored race, as it has proved a success in its practical operations, and he also favored suffrage of the ladies.
Mr. JOHNSON--I shall vote for this resolution because I believe it is right. For no good cause, founded upon justice, can this right be denied her. [Applause.]
The previous question was demanded, and, being seconded, under its operations the joint resolution passed by--yeas, 62; nays, 24, as follows:
Yeas--Messrs. Akin, Baker, Barnett, Beatty, Cabbage, Carr of White, Carter, Chandler, Compton, Colton, Edwins, Fall, Fancher, Floyd, Franklin, Frazer, Furnas, Gillam, Gilman, Gregory, Hamilton, Hinton, Huff, Huston, Iddings, Johnson, Kenner, Kerr, Lindley, Linsday, Marshall, Mason, McCormick, McDowell, McIntosh, Meredith, Miles, Moody, Morgan, Murray, O'Brien, O'Neal, Roberts, Robinson of Decatur, Robinson of Ripley, Ryan, Sincair, Smelser, Sulzer, Taylor of Lagrange, Taylor of Noble, Teter, Thompson, Vawter, Walz, Westfall, Wheeler, Wilson on Montgomery, Wilson of Morgan, Wolfe, Wright, and the Speaker--62.
Nays--Messrs. Barnett, Benham, Bryant, Buskirk, Cauthorne, Cole, Cooper, Cummins, Davis, Gibson, Ham, Hammond, Hottell, Jackson, Kain, Lee, McClure, Messick, Mitchell, Null, Roelker, Schweitzer, Shields and Weaver-24.
Pending the roll-call, Mr. FALL said: I voted against the bill proposing to give this right to women, but believing all questions can be submitted to the voice of the people with safety, I vote "aye."
Mr. HINTON said: I voted against this proposition when it came up before, and would again if it came in the same manner. This resolution, coming in the shape it does, I vote "aye."
Mr. TETER said: I shall vote to submit this question to the people. I think the little women ought to have the the same right to vote the men have. I vote "aye."
The result was announced as above, and so the resolution was adopted.
AFTERNOON SESSION.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and referred:
By Mr. CUMMINS [H. R. 522]: To legalize the acts of the Board of Trustees of the town of Hartford, Blackford County, Indiana.
By Mr. SINCLAIR [H. R. 523]: To regulate the fees and salaries of officers therein named, prescribing their duties and powers etc.
OFFICES AND OFFICERS.
The reading of sections of the bill [S. 325] concerning officers and offices, was resumed, commencing with Section 223.
Mr. MURRAY moved to amend Section 253 by striking out in line five the words, "Money is due," and insert in line thereof the words "The warrant is drawn."
Mr. FRAZER--Suppose "the warrant is drawn" in my favor. I sign it to the gentleman of Randolph, he goes and presents it for payment, and if he is owing taxes he can draw the money according to his method. The way the bill now stands, a person signing a warrant over to another person if he owes the County taxes, it shall not be paid in cash, but made to apply on his taxes.
Mr. MURRAY--Where money is owing on taxes by persons to whom an order is due, they can not transfer it.
Mr. LINDLAY moved as a substitute to strike out the words, "To whom the money is due," and insert, "In whose favor the warrant is drawn."
Mr. RYAN said: I think the County ought to have a lien for taxes on money or conveyance that is made to any individual, whether it remains in his hands or in the hands of another person. The law ought to be so that an individual could not beat the County out of the taxes, and at the same time draw money out of the Treasury, so he could not do directly which he can do now indirectly, and the amendment of the gentleman from Randolph (Mr. Murray) meets this emergency squarely, and the substitute does not. Therefore, I move to lay the substitute on the table.
The motion was agreed to and the amendment was adopted.
Mr. FANCHER moved to amend Section 263 by adding a proviso that appeals may be authorized after the expiration of thirty days when the parties have been deterred by sickness, etc. He said in cases of sickness or circumstances not under control of the person, appeals are often delayed, and under the present law such appeal can not be page: 147[View Page 147] made after that time, and the party would be wholly debarred. I hope the amendment will pass.
Mr. LINSDAY thought the amendment ought to be adopted, as there are often uncontrollable circumstances to deter a person from making the appeal within this time.
The amendment was adopted.
Mr. FULLER moved to amend Section 285 by striking out the Senate amendment, "the proviso." He said: In the section there is a requirement made by the Commissioners, whenever it shall be necessary for the presentation of records of any County, that there shall be a record kept for the purpose, etc. The amendment made by the Senate strikes out the Recorder alone, and lets the other offices to conform to this regulation. There is a trick in this thing, and if necessary, I will explain it. [Voice--Go ahead.]
In one County in this State the Recorder previously to the one now occupying the office got something wrong in the records, and there was a suit brought against the Recorder for a preservation of the records. The thing remains unsettled, and I understand that the gentleman who introduced this proviso is a Member of the General Assembly, and is one of the attorneys for this ex-Recorder. Now you can see that this strikes a Recorders only. It does not reach the Treasurer or other County officer. It is done in a way to fix up this case, and I hope the proviso will not prevail.
The amendment was adopted.
Then the House took a recess till 7:30 p m.
NIGHT SESSION.
The reading of the bill [S. 325] concerning officers and offices was resumed, commencing with Section 281. After some time-
There came an adjournment.
