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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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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.

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