OFFICES AND OFFICERS.
Mr. STEWART moved to amend the amendment [Mr. Carter's] to the bill [S. 325] as follows: Provided, that in Counties of less than 12,000 inhabitants, the Treasurer shall receive all the commission. Amended also, by adding after the last work of the written portion of page 3, the following: And in Counties of less than 12,000 inhabitants the Clerk of such County shall be allowed twenty-five cents for each entry; also in Counties having a population of less than 12,000, the Auditor shall receive 1 per cent. for loaning the school fund; also by adding, in Counties of less than 12,000 inhabitants, the County Clerk's and Sheriffs shall be allowed $2 per day for attending the Courts of their Counties.
The amendment to the amendment was accepted.
Mr. JOHNSON moved to amend the amendment by striking out "50" for mileage allowed the Sheriff of Jefferson County for conveying convicts to the State Prison, and insert in lieu thereof the figures "70."
The amendment was adopted.
Mr. WRIGHT demanded the previous question, which was seconded by the House--yeas, 53; nays,43--
And under its operation the amendment was adopted--yeas, 54; nays, 43.
Mr. CARR moved to amend Section 251 by authorizing County Boards to employ a County attorney. He said all the charge this makes is that the attorney shall defend poor persons when they are not able to employ an attorney, and they are not compensated only under the regular employment and by the County Commissioners.
Mr. MOODY was opposed to the amendment and thought the proper way was to leave that with the Prosecuting Attorney or the Court, as under the existing laws upon that subject.
Mr. CAUTHORNE favored the amendment as being a good one,; that the County Attorney is good enough to defend criminals and thieves who have not enough means to employ their own counsel. He thought the Commissioners would appoint competent men to do this work; besides, it would be a step toward economy.
Mr. CARR of White, said: I challenge any member in this House to deny the fact that Counties have not been imposed upon by this class of attorneys. In our County an attorney defended a murderer three days and charged $500, and he got it. It is to the interest of the tax-payers of the State that this amendment should become a law.
page: 176[View Page 176]Mr. WALKER made an ineffetual motion to lay the amendment on the table.
The amendment was adopted.
Mr. GILMAN move to amend the bill by striking out the emergency clause and inserting in lieu the following: "Provided, that the provisions of this bill shall not be enforced until January 1, 1882."
Mr. EDWINS said: I do not desire to vote for this amendment, neither do I desire to vote for the bill as amended. It is obvious to every one that this bill is an illy considered one, and should not pass. It is undigested and immatured, therefore I shall vote against it.
Mr. TETER said: I examined the bill on fees and salaries thoroughly and after a time I discovered that there had been amendments made to it. I had been changed in some important features, and we were told by some gentlemen on this floor that they had this bill on their desk for days. I only had part of it. Now, Mr. Speaker, I am called upon with many others to vote for this bill--a thing we have neither examined fully nor had an opportunity to examine. I say, for one, I will not do it. I will vote against it.
The amendment was adopted--yeas, 56; nays, 38.
Mr. FANCHER moved to restore Section 319, stricken out by the Senate, which allows each Commissioner 5.00 a day. He said there is nothing in the fee and salary bill at all affecting this subject.
Mr. CAUTHORNE thought the amendment should be restored or some provision made by which the Commissioners' per diem is regulated.
Mr. MURRAY moved a substitute by making the per diem $4 per day.
Mr. KENNER moved to amend the subststute by making it $3.50.
The amendment was accepted, and the substitute was adopted--yeas, 73; nays, 9.
Mr. GIBSON moved to amend the bill by inserting a printed copy of the fee and salary bill as prepared by the Revision Committee.
The SPEAKER ruled the amendment out of order without reading it.
Mr. GIBSON appealed from the decision of the Chair, and claimed that under Rule 38 any paper presented by a Member shall be read.
The SPEAKER (Mr. Carr, of White, in the Chair) said: I leave it to the individual Members of this Assembly to determine whether my conduct toward the Members of this General Assembly, the visitors and the member from Clarke, who seeks to appeal from the decision of the Chair, is and has been such as will warrant this House in sustaining him or saying that I shall not be sustained in my ruling. I say that the gentleman from Clarke, in presenting this paper, seeks to make fraud and farce out of the action of the Indiana Legislature, and I say it is not entitled to respect.
Mr. GIBSON considered the decision of the Speaker entirely wrong upon this question. He said he favored a fee and salary bill--one which had undergone investigation--and this amendment which is sought to be attached to this bill was a thing unknown to the majority of the members upon this floor, and that he offeder this amendment in good faith. If being carefully prepared by the Codification Committee, he considered it a far superior measure to the one originated in a Republican caucus. That was his motive in presenting the amendment.
The decision of the Chair was sustained--yeas, 56; nays, 34.
Mr. MEREDITH demanded the previous question, which was seconded by the House--yeas, 56; nays, 37--and under its operations the bill passed by yeas, 57; nays, 18.
Pending the roll call--
Mr. GIBSON said: I vote "No" for the reason that I have had no opportunity to find out what is contained in the bill. It has never been printed. It has been asserted by some members upon this floor that it is the same bill introduced in the Senate, and by others it is denied. Besides that I do not know what is in the bill, therefore I vote "No."
Mr. MOODY said: I vote "No" because I do not know anything about what I am voting for.
Mr. SINCLAIR said: I am in favor of a fee and salary bill, but I do not know anything about this bill. It will take a Philadelphia lawyer to understand it. Knowing nothing about the bill, and wishing to vote for a good bill, I prefer not to vote at all.
Mr. CAUTHORNE asked the House to excuse Mr. SINCLAIR.
The request being refused, he voted nay.
Mr. MITCHELL wanted a fee and salary bill so formed that every member could understand it, but on the bill in its present shape he should vote "no," and so the bill passed the House of Representatives.
The House adjourned until 7:30 o'clock.
