HOUSE OF REPRESENTATIVES.
TUESDAY, January 25, 1881--9 a.m.The session was opened with prayer by Rev. T. F. Kain, a member from Adams, Jay and Wells. On motion by Mr. FANCHER, the reading of the Clerk's minutes of yesterday's proceedings was dispensed with.
TIPTON COUNTY SWAMP LAND CLAIMS.
The SPEAKER announced the question pending at the time of adjournment (the swamp land claim) would be taken up--the question being on the motion to reconsider the vote concurring in the minority report.
Mr. KENNER said he tried to find out all about this claim, and thought if the principal was due the men who did the work over thirteen years ago, and the State has debarred them from their just dues that they were entitled to the interest and ought to be paid. If the report says the interest is due, under what law, equity or common sense ought we to withhold interest? Whenever there is a claim filed against the State, its validity is spoken of as if some one is trying to get their arm into the State Treasury. It is an honest debt and ought to page: 81[View Page 81] be paid, the same as if an individual had honest debts which ought to be paid. These people did this work, that is admitted, and according to the rule of law and equity the interest is due.
Mr. MESSICK--When there is anything due a man he should have the whole of it. If the State owes a man anything, it is able to pay, and especially to a poor man, therefore I am in favor of paying them all that is due them.
Mr. FULLER--This claim has been presented to this body some ten times for its payment. Why is it if these are just claims, that they were not settled ten or twelve years ago? Former Legislatures could understand this question a great deal better than we can at this late date. It does seem to me that there is something rotten in Denmark, or this claim would have been settled long ago.
Mr. HAM--Every effort possible under the circumstances has been made by the laboring men of Tipton County to get these claims allowed. Every claim was small and insignificant, with the exception of one, and that claimant became bankrupt. there is an impression that if this money is taken out of the Treasury Indiana will lose so much money. Those lands in Tipton County were presented to the State under certain conditions. They were sold and the money paid into the State Treasury. The contracts were held under a law of this State, by the Commission whose duty it was to settle those lands and apply the moneys to the improvement of the same. We are not here simply to act as watch dogs of the Treasury of the State, but we are here to protect the rights of private citizens as well, and I believe it is our duty to see that these poor people of Tipton County get every cent due them from the State.
Mr. TETER--It appears to me that if these claims are right now, they have been right for the past thirteen years, and vice versa. About the justness of the claims there appears to be no trouble, and if they are just, they ought to have been paid years ago; but the very fact that they were not paid is not evidence sufficient to convince me that they are wrong, and because previous Legislatures failed to make the required appropriation is no argument at all against the justness of the claims, as we do not know how much evidence other Legislatures had. We are here as a Jury to determine upon the facts in the case.
Mr. MOODY said he was satisfied from reports that there never was a greater swindle perpetrated upon the people of the State of Indiana than this swamp land swindle, and thought if a man has an honest and just claim-especially, if a citizen of the State of Indiana, where Legislatures, Courts and Juries seldom fail to recompense honest toil--if such a claim is not allowed after so many efforts, there is probably something radically wrong.
The motion to reconsider the vote on the adoption of the minority report was agreed to.
On motion by Mr. NEFF, the reports were recommitted.
A message from the Governor was then read, requesting the consideration of the geological survey made by Mr. Campbell, U. S. C. and G. Surveyor, etc.
It was referred to the Committee on Statistics.
On motion by Mr. KENNER--yeas, 72; nays, 2--the Constitutional rule was suspended, and a bill [H. R. 204] from the Committee on Codification of the Laws, containing 286 sections, entitled: "A bill for an act concerning taxation," was read the first and second times by title only, and referred to the Committee on Ways and Means.
On motion by Mr. CAUTHORNE, 200 copies were ordered printed for distribution among the members.
WORK FOR COMMITTEES.
The following described bills were read the second time and severally referred to appropriate Committees:
The bill [H. R. 191]: To amend Section 120 of an act concerning Justices of th Peace, their general jurisdiction and mode proceeding, etc, approved January, 1852.
The bill[H. R. 192]: To amend Section 8 of an act concerning Justices of the Peace, the mode of proceeding before them, etc., approved June 9, 1852, and June 11, 1861.
The bill [H. R. 193]: To amend an act providing for the settlement of decedent estates, proscribing the rights, liabilities and duties of officers connected with the management thereof, the heirs thereto, and certain forms to be used in such settlement etc., approved June 9, 1852.
The bill [H. R. 194]: Fixing the ownership of property held for school purposes.
The bill [H. R. 195]: To enable two or more Agricultural, Horticultural or Mechanical Societies to consolidate with each other and confer on the consolidated Companies the same powers as those of the original Societies.
The bill [H. R. 196]: To abolish the office of Assessor in cities and incorporated towns in this State.
The bill [H. R. 197]: To amend an act touching the relation of guardian and ward. Approved June 9, 1852.
The bill [H. R. 198]: To amend Section 8 of an act to enable Trustees to receive lands and donations, and to convey the same for the use of schools, Churches, Lodges, Societies, Masonic and Odd Fellow Lodges, construct cemeteries and houses of worship, and approved June 17, 1852.
The bill [H. R. 199] to amend an act prescribing who may make a will, the effect thereof, what may be devised, regulating the admission to probate, revocation and contest thereof, approved May 31, 1852.
The bill [H. R. 200] amending an act regulating descents and the apportionment of estates, approved May 14, 1852.
The bill [H. R. 201] concerning County Prisons.
The bill [H. R. 202] to amend Section 126 of an act providing for the election and qualification of Justices of the Peace and defining their jurisdiction and powers in civil cases, approved June 9, 1852.
The bill [H. R. 203] to amend Section 1 of an act regarding estrays and articles of drift, approved June 15, 1852.
Mr. HUESTON offered a concurrent resolution, reciting that the Committee for the codification of the insurance laws had completed its work and were ready to report. Therefore,
Resolved, by the Senate and House of Representatives, That 200 copies of the same be printed for the information of the Legislature.
Mr. BERRYMAN, from the Committee on Rights and Privileges, submitted a report on the bill [H. R. 75] concerning marriages, recommending its indefinite postponement.
Mr. MITCHELL said this was one of his bills, and he considered it a good one. The bill prohibited from a matrimonial alliance habitual drunkards, felons, and those infected with syphilitic diseases, and he thought it a duty due to mankind in general, and to the propagation of the race in particular, to restrict the marriage privileges as specified in this bill.
The report of the Committee was concurred in.
Mr. McSHEEHY,from the Committee on the Affairs of the City of Indianapolis, submitted a report, recommending the passage of the Police Judge bill [H. R. 34], with certain amendments. The bill provides for the election of a Police Judge for the city of Indianapolis.
The report of the Committee was concurred in.
Mr. FRAZER, from the Committee on Revised Statutes, submitted a report concerning the purchase of Revised Statutes for the use of the Assembly, and offered a resolution that the House indorse the action of the State Librarian in the purchase of the Revised Statutes for the House from Bingham & Co.
page: 82[View Page 82]The resolution was adopted by yeas, 47; nays, 42.
On motion of Mr. CAUTHORNE, the Constitutional rule was suspended--yeas, 72; nays, 14--and the bill [H. R. 205] for the regulation of insanity inquest and the committal of insane persons to Hospitals for the Insane, and their discharge therefrom, was read the first time, the second time by title, and referred to the Committee on Benevolent Institutions.
And then the House adjourned till 9 o'clock tomorrow morning.
