THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
HOUSE OF REPRESENTATIVES.
SATURDAY, April 16, 1881--10:30 a. m.The LIEUTENANT GOVERNOR took the chair at 10:30 a. m., pursuant to adjournment.
TO WAIT ON THE GOVERNOR.
On motion by Mr. LANGDON, the reading of the journal was dispensed with, and the Chair was ordered to appoint a Committee of Three Senators, to act with a like Committee on the part of the House, to wait upon the Governor and ascertain from His Excellency whether he has any further communication to make to this session.
Messrs. Langdon, Comstock and Viehe were appointed such Committee.
Mr. LANGDON, for the Committee, subsequently reported the Governor had no further communication to make.
BREVIER LEGISLATIVE REPORTS.
The resolution reported from the Judiciary Committee, and pending at the adjournment yesterday, authorizing the continuation of the publication of the Brevier Legislative Reports, was adopted, with an amendment ordering 750 copies sent to members by the Secretary of State.
EXTRA PAY, ETC., ETC.
Resolutions were adopted allowing $30 extra to four Revision Clerks and $165 to Miss Bertie Clawson as Copying Clerk during the regular session; $750 were allowed Marion County for one-half expense of gas, water, Committee Rooms, etc., and $22 were allowed Mr. Langstaff, an Assistant Doorkeeper, for acting as Doorkeeper for a Committee.
Mr. COMSTOCK moved that the Senate adjourn sine die.
THE PRESIDENT'S VALEDICTORY.
Thereupon the LIEUTENANT GOVERNOR said:
SENATORS--Before I declare the the Senate adjourned, permit me to say in the way of a parting word that I am thankful to you on account of your aid to your presiding officer in the performance of the difficult task he has had before him. Coming, as he did, without a day's legislative experience, and being able to go through an hundred days' session and not a single difference of opinion existing between the Chair and the Senate is a pleasing fact to me, and it could only have been brought about but from your uniform courtesy and desire "to do unto others as you would have others do unto you."
You have had a greater amount of work to perform than any other Legislature within the history of the State, and I think the legislative records bear mark to the statement that you have done more labor than any of your preceding bodies. I wi 1 not undertake to tabulate your work, for it is known to you all, and is now a part of the history of the Commonwealth, and we now have every reason to believe that your work will receive the approval of the 2,000,000 people whom you represent.
Our associations for the last two sessions have been among the most pleasant of my life, and when I have grown older and turn with an eager eye and look upon the pathway in the plane of my life, these last hundred days will be like a beautiful oasis on either side thereof
One word more. If anything has transpired in your deliberations, during the heat of debate or in the excitement of the moment, that will in any manner tend to mar the memory of your associations here, leave it behind you when you pass out over the doorsteps of this chamber; let it be blotted from the tablets of our memory; let it be buried in the grave among other things which are forgotten. It shall be so with me. May God speed you all in your life work. I declare the Senate adjourned sine die.
And so the Senate of the first special session of the Fifty-second General Assembly of Indiana adjourned without day.
DEFERRED DEBATE--FRIDAY, THE 14TH.
Mr. CHAPMAN, just before the adjournment of the afternoon session, called up his motion, entered the hour previous, that the Senate concur in the House amendments to the bill [S. 325] concerning offices and officers. He said this bill concerning officers and offices is one that emanated from the Board of Codifiers,and is one of the page: 188[View Page 188] most important ones that have come before the1 Senate for action. The Senator from Jackson [Mr. Brown], in a recently delivered eulogium on the Board of Codifiers, characterized this bill as one of the best which had come from that Board. The question now is, shall this bill pass the Senate and become a law? The Senate spent much valuable time on this bill, and the House has done the same, and has sent it back to the Senate with important amendments thereto. If the Senate refuse to concur in the amendments of the House, the passage of this bill is endangered, if not absolutely defeated. It will go back to the House, and it is fair to assume that that body will not recede from its amendments. Then a Committee of Conference will follow. and consequent meetings of such Committee in deliberation. When the Committee has agreed, the reports are made to the separate Houses, and under the rules must have a two-thirds vote to change the rules, or lie over for one day, and the result is the bill is dead. The amendments which are likely to excite opposition are those embraced in what is known as the fee and salary bill [S. 369]. The provisions of these amendments have been before the Senate for fourteen days, and are well known to all who have cared to inform themselves about them. These amendments are germain to and belong in this bill. The subject matter of fees and salaries was embraced in this bill originally. The Board of Revision desired, and presumably still desire, that the matters relating to fees and salaries should be in this bill. The Senate ought to act on it now and finally, and in such a way as will preserve that feature of the bill and all other features of the bill, so that the work shall not come to naught. If the Democrats choose to array themselves in a body against this fee and salary bill it may as well be known now as at any time, and then the people may decide as to their action. When this vote comes to be taken let it be understood that a vote to refuse to concur in the House amendments is a vote to defeat all legislation on this subject.
Mr. SPANN said: I have taken such a stand upon this question that I deem it due to myself to go fairly upon the record. If I deemed it a question of vital importance to the Republican party I would sink all personal feeling and vote with the Republicans; but I do not consider it a political question. It is one of justice, to the tax-payer and justice to the office-holder, and when a bill shall have been formulated of equal justice to tax-payer and office-holder it shall have my support; but I shall not vote for a bill which ought to be entitled "A bill for the relief of Marion County at the expease of the smaller Counties of the State." The fact is that the salaries of the Clerks and Sheriffs, the officers who do the work, is decreased under this bill. The fee bill already passed by the Senate and this day passed by the House does away with constructive mileage and fees of Clerks and Sheriffs. I make my objections to this bill, and yet because I stand here boldly and make them, I am to be denounced by the Senators from Marion and Tippecanoe as a renegade and traitor to the Republican party. You have said to County officers in this bill concerning offices and officers that they shall not get drunk, that they shall hold their offices only during good behavior, that they must give bonds in sums of $10,000, $15,000 and $20,000, and even more, and must pay the expenses of election canvasses; and yet you give them a mere pitiful allowance for their services. Another result of this bill would be to strike down the poor litigant. Its effect will be to increase the fees of Auditors and Treasurers in the sum of $100,000 in the State, and this comes directly out of the people of the State. In the stand I take here on this question I do not represent the officers, but I do represent the people of my District, and I am willing to go before them with my vote on this subject. The Republican party has claimed that iti s an iniquitous thing to do to attempt legislation by tacking riders on important measures.
Mr BROWN said: the senior Senator from Marion county, [Mr. Chapman], commenced the discussion in a spirit of unfairness. As the bill stood when I spoke upon it before, I did pass some few words of commendation upon it. And I agree yet that the officers bill is one of considerable importance. It is one that shoul blossom and grow and bring benefit to the people. The officers bill shall become a law if I and mine can work successfully to that end. The Senator from Marion says the House will not recede from its amendments to this bill. Is that Senator the keeper of the keys and seals of the House of Representatives, and does that body blindly follow his pronunciamento? I opine not. If this Senate says to the House of Representatives we concur in your amendments to the officers bill, but in our consciences we can not assent to the fee and salary bill tacked thereon, the House will not stubborniy hold out, and thus prevent the passage of the officers bill, which is an important measure. If the fee and salary bill is a rectification of error and wrong. why strike out the emergency clause? If there be wrongs to be rectified, let them be rectified as speedily as is possible. And yet here is an amendment to the effect tha this bill shall not have force till January 1, 1882. Is there anything of politics in this, I ask the Senator from Tippecanoe? The bill is unconstitutional, though it is professedly within the view of the Constitutional Amendments passed. It is a lie upon its face. There is not a line nor a letter in this bill which fixes compensation on the basis of services rendered, and yet that is what it professes to do upon its face. I hope that the Senator will concur in the amendments to the officers' bill and will refuse to concur in the amendment in the shape of a rider tacked thereto, and that the House will then recede.
Mr. SAYRE said--Mr. President: As something has been said with regard to the defects of this bill, it may be proper that I should say something in defense of it. In regard to the merits of this bill I can only say it must have some merit, for it has met the united opposition of the County officers of Indiana. The Senator from Rush [Mr. Spann] complains that this is a bill in the interest of Marion County, when the very converse of this proposition is true, as is proven by the fact that none have been more persistent in their opposition to the bill than the officers of Marion County. It is simply nonsense to say that the bill discriminates against the smaller Counties of the State and in favor of Marion County. The Auditor of Marion County has said that this bill is cruel, because it cuts them through in the middle. The Senator from Rush has also said that there is no relief offered by this bill to the taxpayers and litigants of this State. This bill has been distributed in every County of this State within the last ten days, and yet there have been no tax-payers nor litigants here seeking its defeat. It is also said that this bill will increase the burden of taxation on the people of this State in the sum of $100,000. I would like to know how this is determined by any Senator on the floor, or by any other person. I tell you it can't be demonstated to be true. The bill recently passed on this subject commences to reach the evil. This bill cuts down the fees to be charged by Clerks in the amount of two-fifths. That is not provided for by the other bill. It makes a similar reduction in Sheriffs' fees, and that is not reached by the other bill. And yet those opposing the bill claim that it does not reach anything which is not already reached by the bill recently passed. Then why this vigorous opposition, if it does not change existing laws? The bill goes to every County in theState, and gauges the compensation of officers by the services rendered The passage of the bill will result in reduction of fees charged to litigants, and while not working injustice to those to whom the fees are paid, will result in relief to the tax- page: 189[View Page 189] payer. Then there is a section in this bill requiring officers to report semi-annually to the Board of Commissioners the amounts coming into the offces. This is a source of objection to the bill by these officers, because they are receiving more money than they are willing to admit, but it is a good feature, and although the bill is not perfect, it goes so far in the correction of evil that it has attracted the attention of every County officer in this State.
Having had some part in the preparation of this bill, I am not vain enough to assume that it is perfect. I believe it reduces the fees to that extent that it will do perfect and absolute justice to those persons who perform the labor, and at the same time do justice to the litigant and to the tax-payer; and if it should give some officers more than they are entitled to, the Legislature two years hence can come to some enlightened conclusion as to what fees and salaries should be paid. I can hardly see how this can be considered a polical question. It seems to me it should be as much in the interest of the people of a County where there are Democratic officers as in a County where there are Republican officers. Inasmuch as this subject has attracted so much attention for so many years past, and especially since the pendency of the recently adopted Constitutional Amendments, this bill should have been put in shape so that it could be passed by this General Assembly, for the people have beeu outraged and pillaged by County officers to an extent almost unbearable.
Mr. FOSTER said: I am in favor of a fair fee and salary bill, but I can not support the one known as the Sayre bill. I believe it is a bill that is as unjust to the officers of this State as it is possible to construct. I stood upon this floor two years ago willing, and I stand here to-day willing, to vote for a fair bill, but I will not vote for a bill of this kind which comes in here at this late day tacked on as a rider to another bill. And, among others, I refuse to vote in favor of this bill for another good reason. The Senate appointed a Committe to construct a fee and salary bill. That Committee was out night after night. I was present part of the time and heard some of the confusion brought about, and know that the Committee never agreed upon a fee and salary bill. But the Senator from Wabash (Mr. Sayre) was so anxious to have something passed that he sat down in the back part of this Senate Chamber, and took an old fee and salary bill, got out his old jack-knife, cut up the old bill, eliminated some of it, marked out some figures and put in others, pasted it together, and reported it as a fee and salary bill; and, although he did not say it, he meant it should be considered as the judgment of tIe Committee sent out by the Senate.
Mr. LANGDON said, after speaking to the parliamentary questions raised by the demand for a division; "While I am in favor of any measure looking to the ample payment of public officials for services rendered, I am not in favor of burdening the tax-payer for the purpose of paying to officers salaries in a sum which enriches them to an extent which they probably could not reach in a lifetime of their own endeavor. I ask, without impugning the motives of County officers, of Senators or of the public press, why is it that this matter is almost paralyzed here when it is acknowledged and made evident by the voice of the people, as indicated by the vote on the Constitutional Amendments, that there is an overwhelming demand for some relief in this direction. Then why is it that the Senate Chamber swarms with County officers? Why is it that this measure meets this determined opposition? Why is it that the press is silent? I do not intimate, but it has been intimated, that public printing and patronage has had its effect. Without going into the merits of this bill, I ask the Senate to proceed with its consideration, detect its errors seriatim and take such action as is necessary to render the bill unobjectionable. It can be done within the five hours left us, and, I hope, will be done."
The House amendments to the bill were concurred in except the fee and salary features, etc., etc.
HOUSE OF REPRESENTATIVES.
SATURDAY, April 16, 1881--10 a. m.In the House of Representatives the session was opened with prayer by Rev. J. D. Jones, of this city.
Mr. CAUTHORNE offered a resolution that His Excellency the Governor is authorized and empowered to appoint three properly quaified and competent citizens of this State, who shall constitute a Commission for the purpose of considering the subject of compensation of every officer under said Government, and which Commission shall matureand draft a bill fixing the manner of payment of each officer, from the Governor down, so as to do full justice to the several officers and people as well, and report to the next General Assembly.
Mr. CARTER opposed the resolution because it provided for a Commission which might incur an expense of six or eight thousand dollars.
Mr. FULLER--I am also opposed to this resolution from the simple fact that if we pass this resolution, these Commissioners will get their hands into the public treasury. They get a large compensation, and it will only be a barrier in the way of proper enactments, as was the case with the insurance bill this session--it keeps out such legislation as would be liable to take place. When the time comes I am satisfied that if the proper care is taken that there can be a Fee and and Salary Committee appointed by this body which can go to work and in the course of ten or fifteen days prepare a bill that will pass this Legislature. If not, the people of the State will settle it in the next political canvass, and the member who will be returned will be fully instructed, and know what the people demand.
Mr. MITCHELL was opposed to the resolution because it as much as says that the Members of the General Assembly are not able to frame a bill to govern the officers of the State of indiana. He thought, beyond a doubt, that such a Commission would be competent men, but that they would be dictated to by the officers of the State of Indiana--that they will be heard, and the people who have no direct interest will not be heard, just as in other bills that have been presented here, because those ones mostly interested are going to the trouble to present themselves.
Mr. CARR, of White, was opposed to the resolution because three men can not represent the interests and desires of the people of the State of Indiana; consequently three men would not be competent to act on this subject.
Mr. CAUTHORNE said: I offered this resolution in good faith. It simply authorizes the Governor to appoint three competent men to consider and mature a bill upon the subject of fees and salaries of State and County officers to be presented to the next session of the Legislature. In answer to the intimation that His Excellency is going to set up a job, I am proud to say that have more confidence in Albert G. Porter than that, and I do not believe that he will set up a job upon the people. I am willing to trust him that he will do what is right. I am willing to let the Governor have the responsibility to appoint the men to draft a suitable bill upon this resolution. The gentleman from Washbinon [Mr. Mitchell] says he is willing to let the Legislature do this. In 1878 the Republican party pledged themselves in their platfom that they would pass a suitable fee and salary bill. They asked for bread and we gave them a stone. When you arm talking about the pressure, we all know the power these County officers possess. They will inundate it, and we can not pass upon this question properly if you leave it to the General page: 190[View Page 190] Assembly. The only way to do it peacefully and quietly is to appoint three competent men to draft a bill and then stand by it. I have been abused by County officers, for the reason that they misunderstand me. I would not do one thing in the world to abuse County officers, but, on the other hand, I think the people ought to be protected. The only way to do this is to appoint a Commission who will do justice to all the people on this subject, and not let this subject be neglected, as it has been in the past.
Mr. KERR moved to amend the resolution as follows: "And with a view to assist said Commissioners in the performance of their duty, the different County officers shall, on the last day of March, 1882, prepare a complete and accurate statement, verified under oath, of all the moneys, fees and perquisites charged by them and collected or appropriated by them, each separately, for the year immediately preceding said date, and forward said statements to the Govern r."
The amendment was accepted.
Mr. EDWINS thought that this House should not delegate to three men the power which the Representatives of the State of Indiana ought to have--to sit for two years to mature a bill, use the money of Indiana, and finally probably not be any better than the laws drawn up by Representatives themselves.
Mr. MOODY said the people have been for years clamoring for a fee and salary bill, and he felt satisfied that both parties have been promising relief to the people in this respect. The only reason he opposed the resolution proposed was because his knowledge was not sufficient to warrant a vote in favor of it.
Mr. LINSDAY felt satisfied that the Governor would appoint good men, and that such a Commission would try to deal fairly with the citizens and officers of the State.
Mr. THOMPSON--We had a Commission appointed for the purpose of codifying the laws and they presented to this Legislature a fee and salary bill for every office in the State of Indiana; and yet it was stricken out in the Senate, for what cause I am unable to tell. So far as the Governor, State officers and Judges of the Court are concerned, and all those officers--they are appointed by the population--it is easy to say what their salary will be, but when you come down to County officers when you take the two extremes--Marion and Blackford Counties--it is almost impossible to harmonize them. If a Commission could go to work and grade the Counties and appoint a man to represent each grade to establish what their County officers shall have, they could probably all be satisfied.
Mr. MILES thought something ought to be done in the way of framing such a bill.
The resolution was withdrawn.
CLOSING COURTESIES.
Mr. FRAZER offered the following resolution, wich was passed by a rising vote:
Resolved, That the thanks of the members of e House are hereby tendered to Hon. Wm. M. Ridpath, for his kind and courteous treatment of the members of this House during his term as Speaker, and for the able and impartial manner in which he has discharged his duties.
Mr. AKIN introduced a resolution of thanks to Clerk Nixon, which was adopted unanimously, as was also one offered by Mr. MEREDITH returning thanks to all the employes of the House.
THE STATE OF THE UNION.
Mr. GILLUM'S resolution affirming the fidelity of the public of this State to the Constitution of the Unitd States with all its amendments and indorsing "the political ideas enunciated and taught by Washington, Hamilton and Lincoln as to possession and exercise of sovereign powers by the Federal Government," was passed by a viva voce vote.
TO WAIT ON THE GOVERNOR.
Mr. WRIGHT moved that a Committee of three be appointed to act with a like Committee of the Senate to wait upon the Governor to ascertain if His Excellency has any further communication to make to the General Assembly.
The motion was agreed to, and the Speaker appointed Messrs. Wright, Meredith and Cauthorne.
Subsquently the Special Committee appointed to visit the Governor reported that the Governor had no further communication to make.
TITLES OF ACTS PASSED, ETC.
Mr. LINSDAY offered a resolution, which was adopted, that the Bureau of Public Printing cause to be published in two newspapers of the largest circulation in Indiana the titles of all passed at the regular and special sessions containing the emergency clause.
Mr. LINSDAY moved that 200 copies of the joint resolution (No. 1), in regard to improving the Wabash Canal, be printed for distribution.
The motion was agreed to.
THE SPEAKER'S GOOD-BYE.
A motion being made that the House do now adjourn sine die--
The SPEAKER (Hon. William M. Ridpath) said:
GENTLEMEN OF THE HOUSE OF REPRESENTATIVES--By your kindness an partiality at the beginning of the regular session of this, the Fifty-second General Assembly of Indiana, I was chosen to preside over your deliberations. I have tried at all times to maintain toward each individual member of this House that feeling which would insure him that respect and recognition which, by reason of this honorable position, he might be entitled to. At times I may have come short of my purpose, but before our separation allow me to say that it has not been intentional, but a want of proper consideration of your grave rights and my duty toward you. And may I hope that with our separation, if any feelings of unpleasantness has been formed that it may be forever put away, and nothing of the past be cherished but feelings of the warmest sympathy and frendship for each other. You have made your record, and I feel that I can say truly that it is a good one. And as we leave it in the past it will grow in importance and be seen by those who intrusted us with this important work as a monument of our fidelity and devotion to the trust they confided to us.
As to my own record, I can only say that I have endeavored to do my duty conscientiously, fearlessly and honestly. I have refrained from taking any part in the active floor work of the session for the reason that I felt that my own inexperience as a presiding officer, and the importance of the work before the House required my undivided attention to the duties of the Chair to which you had called me. Never having been before a member of a legislative body and never having seen a legislative body in session but once before taking my seat, I feel that I can congratulate myself in yielding up the official life you conferred with but one appeal from my decisions. For the uniform kindness and courtesy you have shown me at all times during the regular and special sessions, I will ever be grateful.
With the best wishes for both the members and employes of the House, I bid you adieu, and declare this House adjourned without day.
And so the House of Representatives of the Fifty-third General Assembly of Indiana, adjourned sine die.
