HOUSE OF REPRESENTATIVES.
THURSDAY, April 14, 1881--9 a. m.SPECIFIC APPROPRIATIONS.
The consideration of the bill [H. R. 439] making specific appropriations was resumed.
Mr. Fuller's motion to strike out all of such claims as pertain to ditching in Tipton County, was taken from the table.
Mr. THOMPSON said, in regard to this claim, that by resolution the whole matter was referred to a Commission composed of the Governor, Auditor and Secretary of State, which decided that the claim was a just one and should be paid. These old men in Tipton County labored thirteen years ago for the State, when they knew the money was was in the Treasury of the State to reimburse them for their work, but by some mismanagement of the Swamp Land Commissioners they have been kept out of that money for thirteen years. I say it is the duty of the Legislature to indorse the claim and pay these men.
Mr. McINTOSCH said this House requested an opinion of the Attorney General on this case, in which he said that the ditching was not done in accordance with the statutes and in conformity to law. It is simply a matter of whether or not this House will give these parties that much money, or whether you will refuse to grant the allowances as has been done heretofore.
On motion by Mr. KENNER, the motion was laid on the table--yeas, 53; nays, 28.
Mr. CAUTHORNE moved to allow the sum of $15,000 to build a new wing on the Soldiers' and Orphans' Home, and furnish the same. He said the Trustees having the Institution in charge say that they can not possibly provide for the comforts of the inmates, as the present facilities are wholly inadequate to accommodate the demands; that there are several hundred of the feeble-minded children throughout the State that ought to be in this Institution, but can not be accommodated.
On motion by Mr. GREGORY, the motion was laid on the table.
On motion by Mr. BUSKIRK, the vote was reconsidered by which the appropriation of $3,000 was made for heating apparatus for the Bloomington University. He spoke in support of a larger sum--the actual necessity for these improvements, etc.
Mr. TAYLOR, of Lagrange, was in favor of making the allowance, because it is an imperative necessity.
Mr. HUSTON realized the necessity of giving to this Institution some means by which they can protect themselves from fire and heat the building properly.
Mr. GILLUM said if the House went to heap upon this bill such amendments as this he would vote against it.
Mr. RYAN said: I have favored nearly everything in the way of education and in favor of educational institutions; but I am opposed to this increase to the this Institution for one reason at least, and that is that it is an unjust discrimination toward what I conceive to be the best educa- page: 180[View Page 180] tional institution in the State and of the most real benefit to the Institution. I refer to the State Normal School.
Mr. FULLER opposed the appropriation.
The motion was rejected--yeas, 32; nays, 54.
Mr. HINTON moved to allow Joseph Fitzpatrick $5 for arranging the hall of the House in the organization of the regular session.
The motion was agreed to.
Mr. MEREDITH moved to suspend House rule 35 for the purpose of considering item 19--appropriating $15,000 for the construction of a bath house in the State Prison North. He opposed allowing this vast amount for this purpose.
Mr. KENNER urged its allowance as an imperative necessity to keep from propagating disease and to the cleanliness of the Institution--the Prison paying several thousand dollars yearly over all appropriations.
The operation of the rule was suspended, and the motion to reconsider was agreed to.
Mr. MEREDITH moved to make the sum $5,000 in item 19 instead of $15,000.
Mr. WILSON, of Montgomery--It would be a great deal better for us not to appropriate any money at all than to appropriate this amount at all than to appropriate this amount, because it would be insufficient for the construction of the bath house, wash house and place of confinement for insane prisoners.
Mr. WRIGHT--The House of Representatives has now a splendid opportunity to save $10,000. It is my opinion that $5,000 will build a respectable bath-house and place for the confinement of insane prisoners. I am quite ready to indorse the jusgement of the of gentlemen from Fayette and Wayne (Messrs. Huston and Meredith) in reference to this matter.
Mr. SCHWEITZER said, as a member of the Prison Committee, he knew that this building is an absolute necessity, and the amount of $15,000 was no more than adequate to construct this building to fill all the requirments in this direction. To make a great hobby about saving $10,000 is nonsense. If you go to Illinois or other State Prisons you will find the improvements there in this direction.
The amendment fixing the amount at $5,000 was agreed to--yeas, 54; nays, 31.
Mr. EDWINS moved to amend the bill by making the salary of the Trustees of the Female Prison $300 each per year, and that $900 a year be appropriated for that purpose. He said: I offer this amendment in defense of the Trustees of the Female Prison, who are doing, and have done, more labor and hard work in this Institution than any other Trustees in the State of Indiana, and are paid the pitiable sum of $160 each. I say we ought to pay those who are industrious and have the ability to run the Institution something like it is worth. The Trustees of the Insane Hospital get $600, those of the Deaf and Dumb Institution $400, and so all along the line.
On motion by Mr. FULLER the amendment was laid on the table.
Mr. WILSON of Montgomery, moved to strike out all of item 7 in the specific appropriation bill and insert "$500 to the County of Marion." He said: "I understood that when the Legislature appropriated two millions of dollars to build a new State House, that there was a contract with the Board of Commissioners that they would furnish this building free of charge to the Legislature. I find in item 7 that the Committee on Ways and Means have allowed $1,500 for the Legislature of 1879, which that Legislature refused to pay, and also an item of $1,000 for this Legislature. I am opposed to that. If the Democratic Legislature of Indiana did not pay their debts, I do not think we should be called upon to pay them."
Mr. CAUTHORNE thought the item should not be stricken out. He admitted what the gentleman said in regard to furnishing rooms for the General Assembly, but that did not include all the necesary expenses, such as gas, fuel, wash bills, water, etc. Because the Legislature of 1879 failed to pay its honest debts is no reason why this body should do the same thing.
Mr. CARTER said: I understand that Marion County gave the rooms in which this Legislature is held rent free, but it was not expected that they should furnish all the gas, light, water, etc. As an act of justice I ask that you pay for these extra amounts, and for the Committee rooms. The Committee rooms used here are not included in that contract.
Mr. LINDLAY thought the bill should have been paid two years ago--that the Commissioners of Marion County have treated the State of Indiana magnanimously in giving the rooms which they have, and he said the State should pay its own expenses.
Mr. McSHEEHY said the contract with the County Commissioners was not to have all incidentals furnished, but simply the two large rooms for the General Assembly. He considered these outside affairs no part of, and not included in the contract, and hoped the amount would be allowed.
Mr. HAMILTON favored the allowance.
Mr. RYAN spoke in favor of making the allowance.
Mr. CARR of White, quoted from the contract with the Commissioners, in which they agreed to "furnish rooms for the General Assembly," but contains nothing relative to light, fuel, etc.
The motion to strike out was laid on the table--yeas, 47; nays, 33.
The bill was considered engrossed--yeas, 52; nays, 25--read the third time and passed by yeas, 53; nays, 39.
Pending the roll-call--
Mr. HAMILTON said: "There are some things in this bill I object to; but rather than not have the appropriation, at all, I vote aye."
Mr. SCHWEITZER said: "I was here two years ago, and I never opposed a specific appropriation bill, but this year I have to against the bill on account of the Martin claim of $45,000, which two years ago was only $10,00. If you look back the old record of two years ago you will find that the claim then was $10,000, and now, since Mr. May, the architect, is dead, he comes here with a claim of $45.000. It is an imposition and a steal. Therefore, I vote nay."
Mr. CARR, of White, thought it wrong for State to refuse to pay any claim that was legitimate and just. The bill was not in a proper condition, but trusting that the Senate will make necessary changes, he voted "aye."
Mr. O'NEAL said there were things in the bill which he was utterly opposed to, but but thinking that the State and public welfare will suffer without this appropriation, he voted "aye."
So the bill passed the House.
GREEN RIVER ISLAND.
Mr. CAUTHORNE called up the special order, Mr. Menzies' bill [S. 281] to amend Section 1 of an act authorizing the acquisition of Green River Island, and locating the boundary thereof, which was read the third time and passed--yeas 79; nays, 1.
AFTERNOON SESSION.
Mr. McSHEEHY called up from the table his resolution allowing no member to speak more than two minutes on any subject, nor more than once until all members desiring to speak shall have had an opportunity.
The resolution was adopted, with an amendment that this rule shall only apply to the working days of the session.
SENATE AMENDMENTS CONCURRED IN.
The Senate amendments to the bill [H. R. 311] amending Section 26 of a fee and salary act, were read and adopted.
The Senate amendments to the bill [H. R. 271] page: 181[View Page 181] concerning Clerks of the General Assembly were adopted. Also, to the bill [H. R. 124] relating to the sale of personal and real property, were read and adopted.
The Senate amendments to the bills [H. R. 486] concerning Grand and Petit Juries, and [H. R. 225] relating to elections and contests thereof, were concurred in.
Senator Graham's bill [S. 81] defining taxation was read the first time.
Mr. LINDLAY moved to suspend the constitutional rule, and the bill may be read a second time by title, and third time by sections, and put upon its passage. He said the bill is one which provides that where corporations have been extended around farms they shall be subject to the same taxation as other farms. The law is now that they are subject also to the specific tax as assessed by the corporation or city.
The motion failed--yeas, 43; nays, 35--for the want of a constitutional majority.
STATE SEWER.
Mr. McIntosch called up Senator Chapman's bill [S. 326] to build a sewer from the Female Reformatory and the Deaf and Dumb Institutions (appropriating $45,000), which was read the third time.
Mr. FRAZER said: This is to appropriate $45,000 to construct a sewer to the two Reformatories. I think the sewer ought to be built, but $45,000 is too much money for the people to pay to carry away the slop of this city.
Mr. EDWINS said that was the estimate of the engineer.
Mr. STEWART said the city made a grand mistake when they built those institutions at their present location, but since the error is committed, he was in favor of making the best of it. He stated that the old line of sewerage was cut off through the United States Arsenal grounds by an injunction of the Court, and that it was absolutely necessary to appropriate this amount to get sewer connection with the city.
Mr. CAUTHORNE was in favor of the passage of this bill.
Mr. CARTER--The gentleman from Kosciusko (Mr. Frazer) said that if this sewer was built at a cost of $80,000 the city ought to stand $60,000 of the expense. I want to say to the gentleman that $80,000 only builds the sewer to connect with the present city sewer, which cost over $300,000. If the State of Indiana builds a sewer in any other direction it will cost at least $600,000, and according to this reasoning it is just $155,000 in the State Treasury to connect with the city sewer.
The bill passed--yeas, 64; nays, 13.
Mr. M'SHEEHY called up Senator Van Vorhis' bill [S. 246] creating sewer districts for the city of Indianapolis, which was read the third time and passed--yeas, 70; nays, 4.
CALUMET SAND-BAR.
Mr. FANCHER called up Senator Wood's bill [S. 132] to appropriate $6,000 to remove a sand-bar in the Calumet River.
The bill was read the third time.
Mr. CARR, of White, hoped the bill would not pass because of its unjustness, being an expense to the State and beneficial only to the few. He was opposed to appropriating money in this reckless manner.
Mr. FANCHER said: I believe this bill to be a just one. A number of years ago the State of Indiana took it in hand to reclaim a large tract of land--about 7,000 acres--covered by water, so they constructed a ditch into that river, and in doing this they cut through a large sand-bar lying close to the edge of the river, and in a short time sand-bar washed out into the river, forming a complete sand-bar across and obstructing the stream so as to cause an overflow of land more than that drained. This land which is overflowed has become almost worthless, and I hope the bill will pass.
The bill failed to pass--yeas, 46; nays, 35--for the want of a constitutional majority.
DRAINAGE AND WET LANDS.
Senator Bell's bill [S. 75] to enable the owners of wet lands to drain and reclaim the same, and protect such land by a system of levees, etc., was read the third time.
Mr. GILLUM said this bill does not cost the County where the improvement is made on single cent. It makes the County Commissioners and Engineer Supervisors, the same as gravel roads.
The bill passed--yeas, 74; nays, 0.
Mr. CAUTHORNE introduced a bill [H. R. 531] fixing the meetings of the County Board of Equalization for the present year, which was read the first time. He moved to suspend the constitutional rule that the bill may be read the second time by title, the third time the by sections and put upon its passage. He said this is a bill of great importance, otherwise the tax bill would be a perfect failure.
The motion was agreed to, and the bill was read the second time by title, the third time by sections and passed--yeas, 70; nays, 0.
SENATE BILLS PASSED.
The constitutional rule was suspended--yeas, 67; nays, 2--and Senator Comstock's bill [S. 306] concerning the Richmond and Liberty Railroad was read the second time by title, the third time by sections, and passed--yeas, 67; nays, 0.
The constitutional rule was suspended--yeas, 67; nays, 2--and Mr. Vawter's bill [H. R. 424] to amend Section 3 of an act to incorporate the town of Vernon, Jennings County, Indiana, approved January 22, 1851, was read the second time by title, the third time by sections and passed--yeas, 67; nays, 0.
Mr. Hamilton called up Senator Chapman's bill [S. 373] to authorize the Trustee of the Insane Hospital to permit Street Railroads to enter upon their grounds was read the third time and passed--yeas, 53; nays, 30.
RELIEF OF GRAND JURORS.
Mr. MILLER called up the bill [H. R. 421] to empower the Board of Commissioners of Counties, in which Criminal Courts are established, to make appropriations out of their County Treasury for the relief of Grand Jurors, in certain cases, which was read the third time.
Mr. SINCLAIR said: This bill is for the purpose of covering cases where the Grand Jurors have been misled by the charge of the Judge. We have a case in our County where the Grand Jury was charged by the Judge of the Criminal Court that in case they could not find an indictment against a certain man, against whom charges were made, that they might return to the Court the facts found, and present them to the Court. They did so in one case, and were afterward sued for slander and libel. The damages were between $300 and $400. The County Commissioners and the people are willing that the Grand Jurymen shall be relieved from this damage. This bill is for that purpose--to enable them to do so. There should be relief in such cases, and I hope the bill will pass.
The bill passed--yeas, 69; nays, 0.
LOANING OF SCHOOL FUNDS.
The constitutional rule was suspended--yeas, 67, nays, 2--and Senator Henry's bill [S. 379] concerning the loaning of Common School funds in the Congressional Townships, was read the first and second times by title only, and the third time by sections.
Mr. EDWINS--This is a bill which has reference to borrowing money out of the school funds where the records of any County has been burned, as is the case in my County. We have a very large school fund now on hand unloaned, and we can't loan it from the fact that the Clerk page: 182[View Page 182] does not feel justified in granting the necessary certificate to the applicant. This bill is to enable the Cierk to issue such certificate on the applicant giving a bond to the State that there is no incumbrance on the realty other than that that has been burned. The bill is a deseruing one, and should pass.
The bill passed--yeas 67; nays, 0.
SENATE BILLS PASSED.
Mr. MOODY called up Senator Marvin's bill [S. 370] to legalize the acts and ordinances of Kirkland Corporation in Clinton County.
The constitutional rule was suspended--yeas, 67; nays, 2--and the bill was read the first and second time by title; the third time by sections and passed--yeas, 74; nays, 1.
Mr. MORGAN called up Senator Wood's bill [S. 132] appropriating $6,000 to remove a sand-bar in the Calumet River.
The bill passed--yeas, 62; nays, 13.
Mr. MURRAY called up Senator Bundy's bill [S. 97] providing for the appropriating of real estate for school purposes. The bill was read the third time and passed--yeas, 68; nays, 4.
Mr. WALKER moved to suspend the temporary order that the bill [S. 317] amending Section 16 for the organization of County Boards, be taken up.
The motion was agreed to, and the bill was indefinitely postponed.
Mr. THOMPSON called up Senator Lockridge's bill [S. 183] to provide for the issuing of ordnance stores, camp and garrison equipments to Colleges having a Military Department under an officer of the United States.
The bill was read the third time and passed--yeas, 62; nays, 6.
The House took a recess till 7:30 p. m.
NIGHT SESSION.
Mr. NULL called up Senator Ristine's bill [S. 199] to amend Section 7 of an act approved December 31, 1872, to provide for a uniform assessment of property and collection and return of taxes thereon. The bill was read the third time.
Mr. FRAZER said the law of taxation, as pretty well included in the law on that subject, but this bill has reference to the exemption of taxation of College property. There is no economy or gain in giving a College $10,000 one day and taxing it the next. That is all there is in this bill.
The bill passed--yeas, 64; nays, 6.
The Senate amendments to the bill [H. R. 407] to provide a reserve fund for the new State House were concurred in.
Mr. O'BRIEN called up Mr. Frazer's bill [H. R. 444] to legalize the official acts of the Trustees of Silver Lake, Kosciusko County.
The bill was read the third time and passed--yeas, 67; nays, 0.
Mr. O'NEAL called up Senator Langdon's bill [S. 149] to amend Section 28 of an act to provide for the organization of savings banks and the safe and proper management of affairs.
The bill was read the third time and passed--yeas, 68; nays, 0.
The Committee on Conference reported on the bill [H. R. 219] concerning husband and wife, recomending its passage after the Senate recedes from its amendments.
The report was concurred in.
Mr. ROBERTS called up Senator McCartney'sa bill [S. 142] to amend Section 3 of an act regulating the adoption of heirs. The bill was read the third time and passed--yeas, 60; nays, 8.
Mr. ROBINSON, of Ripley, called up Senator Henry's bill [S. 151] to amend Section 7 of an act for the incorporation and continuance of Building, Loan, Fund and Savings Associations, and legalizing acts of Associations approved March, 1857 and 1873.
The bill was read the third time and passed--yeas, 55; nays, 12.
Mr. BUSKIRK called up his bill [H. R. 3] concerning interest and usury.
The bill was rejected--yeas, 37; nays, 37.
The constitutional rule was suspended--yeas, 69; nays, 8--and Senator Keiser's bill {S. 377], supplemental to an act defining the Thirty-first Judicial Circuit, was read the first and second time, by title the third time.
Mr. CARR, of White, said: We passed a bill a few days ago fixing the time of holding Court in the Thirty-first Judicial. This bill is supplemental to that one, making it effective. In that bill we did not fix an emergency clase. Under the operation of that bill Pulaski County will have no Court until November. This bill is only to make that bill go into force so they will have Court in June. I hope the bill will pass.
The bill passed--yeas, 59; nays, 13.
The Senate amendments to the bill [S. 325] concerning officers and offices, striking out all that part relating to fees and salaries of officers was rejected and a Conference Committee was asked for.
Mr. McSHEEHY moved to reconsider the vote by which the Senate amendments to the bill [H. R. 311], Fees and Salaries were agreed to.
Mr. FRAZER said this was a constructive fee and salary bill upon Clerks and Sheriffs, that has been the curse of the people for the last two years. He hoped the members of this Assembly would not return home without passing some kind of a fee and salary bill.
Mr. MOODY was opposed to striking at the County Clerk and Sheriff without affecting the other offices.
Mr. KENNER thought the bill should become a law because it is the kind of relief the people want.
Mr. MITCHELL was opposed to reconsidering the vote upon this bill.
Mr. LINDSAY regarded the bill as a good one, and thought it should be left with the Governor to decide as to whether it is a proper measure or not.
Senator Graham's bill [S. 81] concerning the taxation of certain lands and other property within the limits of cities and towns, was read the third time and passed--yeas, 60; nays, 7.
The constitutional rule was suspended, and Senator Leeper's bill [S. 355] concerning voluntary associations for the purpose of insuring farm property, was read the first and second times by title, the third time by sections.
Mr. WOLFE said it only seeks to amend the present law of 1879, to allow voluntary Insurance Companies to do business in three Counties instead of one.
The bill passed--yeas, 71; nays, 1.
Senator Hostetter's bill [S. 309] legalizing acts of Notaries Public whose commissions have expired, was read the third time and passed--yeas, 65; nays, 7.
Senator Hart's bill [S. 274] to legalize the incorporation of the Baptist Association in Gibson County, was read the third time and passed--yeas, 66; nays, 2.
Senator Leeper's bill [S. 52] to amend Section 34 of the Common School law was read the third time and failed--yeas, 24; nays, 44.
The motion to reconsider was rejected--yeas, 3; nays, 46.
Mr. ROELKER called up Senator Cramer's bill [S. 204] amending Sections 2 and 4 of the common school's law. The bill was read the third time.
Mr. MOODY said this bill provides that instead of taking the enumeration every year by the Trustee, it shall be taken every two years; that is all the change in addition to that provision that the Trustees shall make their annual settlement in April instead of October, as under the present law. I take into consideration the fact that it saves $35,000 by taking the enumeration every two years.
The bill failed to pass--yeas, 18; nays, 49.
The constitutional rule was suspended, and Senator Bell's bill [S. 289] to amend Section 11 of an act for the vacation of streets and alleys, etc., was read the first and second times by title, the page: 183[View Page 183] third time by sections, and passed--yeas, 64; nays, 8.
Senator Van Vorhis' bill [S. 162] to amend Section 3 of an act concerning the organization and perpetuity of voluntary associations, was read the third time and passed--yeas, 70; nays, 2.
Senator Leeper's bill [S. 311] to amend Section 1 of an act for the incorporation of Mining and Manufacturing Companies was read the third time and passed--yeas, 57; nays, 14.
Then the House adjourned till 10 o'clock.
