OFFICERS AND OFFICES.
The reading of the bill [S. 325] concerning officers and offices by sections was resumed, commencing with Section 467.
Mr. M'CORMICK moved to amend Section 289, line 6, by inserting the words "of Indiana" after the word "assurities," and striking out the word "double" in the same line and inserting the word "had." He said: The reason I want to insert the word "Indiana" is to allow assurity to be given by any one in Indiana, and not necessarily confine it to the County. Also, if a County has a contract of $100,000, according to this bill the contractor would have to give a bond of $200,000, That is the object of striking out the word "double." That is too much money. There are not many contractors in the State who could do that. I want to change that to one-half--that is, if the contract is for $100,000 the contractor sha11 give a bond for $50,000.
The amendment was adopted.
Mr. WALZ moved to amend Section 472 by adding the following paragraph: "He shall fill all vacancies that occur in the office of Inspectors for town elections not otherwise provided for by law." He said the Senate passed a bill a few days ago which would provide for the filling of vacancies, but the House has refused to concur in the amendment.
The amendment was adopted.
Mr. McCORMICK moved to amend Section 288 by inserting after the word "Jail" the word "bridge." He said: The object to be accomplished is this--the section omits bridges. It is more important to have plans for bridges than for houses. The amendment makes it necessary to have plans and specifications for bridges. I hope the amendment will prevail.
The amendment was adopted.
page: 174[View Page 174]Mr. MASON moved to amend section 424 by striking out the words, In the "Court House." He said these words make it necessary for the County Surveyor to have his office in the Court House. Some Court Houses are too small to have these offices there, and this amendment does not make it obligatory to have this office there.
The amendment was adopted.
Mr. MITCHELL moved to amend section 486, line 3, by inserting after "Trustee" the words: "By the testimony of two disinterested witnesses." He said: I have known of cases where the trustee made allowances upon the claim of a person having sheep killed by dogs, where there was no evidence of anything of the kind. This amendment makes it necessary to have two disinterested witnesses to testify that such is the case.
Mr. ROBERTS was opposed to the amendment, because it would incur more expense and trouble than the sheep are worth in most cases.
The witnesses may live four or fve miles away, in which case it would be very expensive to get their testimony.
The amendment was adopted.
Mr. CARTER moved to amend the bill by adding a section allowing to County officers as follows:
To the County Treasurer, $150 for every 1,000 inhabitants not to exceed 10,000, and $75 for each 1,000 in excess of 10,000, and one-fourth the commission for the collection of delinquent taxes.
The County Auditor to receive $175 a thousand for the first 5,000 inhabitants, $125 for the second 5,000, $100 a thousand for the next 25,000, and $125 a thousand for all in excess of that number; also, the fees for transferring land for taxation, and one-fourth the fees for issuing liquor licenses, and 1/2 of 1 per cent. for managing the school fund.
Clerks and Sheriffs to receive $200 a thousand for the first 5,000, $150 for the next 5,000, $125 for the next 25,000, and $150 per thousand for all in excess, and $150 for each Court other than the Circuit Court.
Mr. GILMAN moved to amend the amendment in such a manner that the amendment relating to fees and salaries shall not take effect until June 1, 1882.
The amendment to the amendment was laid on the table.
Mr. GILMAN moved to amend Section 3 by adding thereto the following: Provided, in Counties of less than 12,000 inhabitants the Treasurer shall receive all the commissions and fees for collecting delinquent taxes. He said everything that is attempted to be done in this House seems to be in favor of the large Counties as against the smaller ones. The people of our County are not objecting to the fees and salaries of our officers, but they do object to illegal taxation. Of the knowledge I have of the duties of County officers of our County, especially the Clerk of the Court, I know that he ought to have all the fees under the present law--that it is no more than an ordinary salesman gets--than an insurance agent commands. In our County, Treasurers for the last ten years went, out of the office poorer than they went in. The people of my section are willing that the County officers shall have a fair compensation. Unless there is something done which will give the smaller Counties a fair showing, I can not support the bill. I do not think it is fair that the members from large Counties fix this thing up in this way, as injustice is done to the smaller Counties. I hope this amendment will prevail.
Mr. MITCHELL was unable to understand the provisions of this amendment. The people of the State are demanding that we do something in this direction, and he was opposed to introducing amendments which have a tendency to kill the bill.
Mr. Mitchell said: I am in favor of a fee and salary bill which will do justice to both the tax-payers and the officers of the various Counties of this State, but I am opposed to both the amendment and the amendment to the amendment. This amendment offered by the gentleman from Marion (Mr. Carter) I know but little about, but I know enough about it to know that it increases the salary of the Treasurer of my County about $700. It gives that officer $150 per thousand for the first 10,000, $75 for every thousand in excess of the first 10,000 and one-half of the commission and per cent. now allowed by law for collecting the delinquents. Every Member upon this floor knows that this amendment increases the salaries of County officers in the medium Counties of this State. As Members of the Fifty-second General Assembly, the people having ratified a Constitutional Amendment which requires the fees and salaries of County officers shall be graded according to the population and the services rendered, we can not afford to vote for this amendment. The people have demanded relief at our hands; shall we give it? I tried yesterday to have the fee and salary bill made a special order for 9 o'clock this morning, but my efforts proved futile. I considered it a measure which required much and careful deliberation, for the subject of fees and salaries does not affect the Democrats alone nor the Republicans alone, but it falls upon all the tax-payers of the State. Hence I do not view this subject from a political standpoint, but from a standpoint of doing justice to all my constitutents alike. The voice of the people should be heard and should rule. Their voice has been heard every Member upon the subject of fees and salaries. That voice is no new thing; it has been heard long and often. They are not here in person, but their voice and will are here, and here pleading for some relief. Shall we give them a heavier burden by passing upon this amendment blindly, which does increase the burden of taxation, as I have shown?
Mr. Speaker, I want to vote for a fee and salary bill which I can explain and justify. This amendment was begotten in and by the Republican caucus last night, brought here this morning in its infancy, to be incorporated in this officers' bill and become a law. The members know but little of this new infant, but I tell you, Mr. Speaker, this infant may become very heavy for the Members of this Assembly to carry, if it should be blindly incorporated in that bill and become a law. This measure should have been considered three weeks ago, with calmness, instead of dropping upon the heels of this Assembly in hot haste, with no time to consider it in the light it ought to be considered.
Mr. EDWINS moved to postpone the further consideration of this bill and take up the specific appropriation bill. He said, in support of this motion: I desire to say that the forcing of this fee and salary bill at this late day is not in the best interest of the people, but is aimed to be put through under the gag rule in the interest of the County Officers, just as it was done two years ago. Then, as now, a bill wholly in the interest of the officers was put through under the gag. Why, Mr. Speaker, was not this bill considered earlier in the first part of the session? The Constitutional Amendment was passed for the purpose of relieving the people and tax-payers by passing a regular salary bill that would be just to the people and officers both and not choke a bill down our throats that would again rob the people of their hard earnings. I am in favor of a good and fair bill, and not one surreptitiously slipped into this bill. Whoever votes for this amendment votes for an extra session. I don't think the people want this.
On motion by Mr. FRAZER, the motion was laid on the table.
Mr. Gilman's amendment was also 1aid on the table.
Mr. GILMAN moved to amend Section --- by page: 175[View Page 175] adding "Provided, that in Counties of 12,000 or less the County Auditor shall be allowed 1 per cent. for managing the school fund.
Mr. KENNER said: If this House strikes at the smaller Counties in such a manner you can not pass this bill. Under this amendment the County of Blackford would pay the Treasurer $600. I say it is an outrage for a Legislature to attempt to pass a bill giving the Treasurer of a small County $600.
The County of Marion under this bill will draw $12,000, which will be a princely salary, while you grind down the smaller Counties into the earth. The salaries in the amendment is about the same as in the law of 1879. You can not mature a fee and salary bill in twenty-four hours.
Mr. MOODY was opposed to the adoption of the amendment until it was fully examined and considered. In addition to the fees already provided for he could not see where this amendment reduces the amount of fees.
Mr. Moody said: I am very much in favor of a fee and salary bill, but am opposed to voting for any bill that I have not had an opportunity to examine.
This bill is of great importance to the people, and they have been demanding the enactment of such a law for many years, and the party now in power promised in the last election that they would pass such a law. The Constitutional Amendments have been passed for a long time, and yet no step has been taken by the majority of this House to enact such a law until this morning, for the first time, a fee and salary bill prepared in a party caucus is by a party vote tacked to the officers bill, and we are compelled either to vote for this bill we know nothing at all about, and one that may, for what I know or any other Democrat in the House may know, increase the salary of some officers while it unjustly reduces the fees of other officers in different Counties of the State. I am not going to vote for any bill or measure that I have never had an opportunity to examine.
Mr. FRAZER--I say the people of Indiana have been crying aloud and demanding at the ballot-box, saying to the Legislature of Indiana you shall reduce these salaries, and the object of this bill is to reduce them, and not to increase them.
Under this law there would not be a County in the State but what we would pay the County Treasurer at least $1,200. The gentleman says the County of Marion will pay the County Treasurer $12,000. I tell you it is worth $4,000, and now move to lay the amendment on the table.
The motion was agreed to--yeas, 50; nays, 43.
Mr. BUSKIRK moved to strike out what he regarded a very bad feature of this bill. If that was stricken out something else would have to be inserted. It makes it necessary for the Clerk and Sheriff to get their fees of the parties. Under this bill it makes it the duty of the officers to proceed immediately to collect their fees, and it is a matter of necessity that they should do it. By the adoption of this amendment they would issue their writs at once and enforce collection.
Mr. MEREDITH said: This bill has been fully considered and matured, and it is a good one. While the subject of fees and salaries is an old one, yet this is an experiment. This bill will only be in effect for twelve months before another General Assembly meets--it begins on the 1st of January and will work no great hardship, and in case it deos not work well the next Legislaturewill be able to act with more intelligence than we have been able to do. There is one thing that can not be denied here to-day, that the people are demanding this thing, they are demanding some change, and i say that we must and are compelled to do something--make some changes.
Mr. FANCHER said two years ago there was a fee and salary bill passed, and instead of cutting down the salaries it increased them. He wanted to vote for a bill to reduce the salaris and did not propose to vote for any measure which was not fully considered.
Mr. WRIGHT moved to lay the amendment on the table.
The motion was agreed to--yeas, 52; nays, 38.
