THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, January 22, 1883-2 p. m.The LIEUTENANT GOVERNOR requested permission to attend while prayer was offered by Rev. Isaac N. Thompson.
On motion by Mr. WILLARD, the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
PETITIONS, MEMORIALS AND REMONSTRANCE.
Mr. BUNDY presented a petition signed by sixty-five voters of Stoney Creek Township, Henry County, praying for temperance legislation the submission of a prohibition amendment to the Constitution at a special election which was referred without reading to the Committee on Temperance.
SUBMISSION OF CONSTITUTIONAL AMENDMENTS.
Mr. WILLARD, by consent, introduced a bill [S. 156] providing for the submission or rejection of any amendments that may be proposed to the Constitution of Indiana to the qualified electors thereof-at the general election next succeeding submission by the General Assembly-for ratification or rejection of any amendments which may at any time be agreed to by two General Assemblies in succession, in accordance with the provisions of the Constitution prescribing certain duties of officers of elections, etc., which was read the first time.
On his further motion it was referred to a Special Committee of Five-to consist of three Democrats and two Republicans-which the Chair made to consist of Messrs- Willard, Sayre, Smith of Delaware, Compton and McCullough.
PETITIONS, MEMORIALS AND REMONSTRANCES.
Mr, BUNDY presented petitions from the citizens of Henry County praying for the passage of a law for the protection of breeders of fine stock, which were referred to the Committee on Agriculture.
Mr. FLETCHER presented a remonstrance against the repeal of the public health bill signed by eight physicians.
Mr. MACARTNEY presented a claim, which was referred to the Committee on Claims.
Mr, SMITH presented a remonstrance of eighty voters of Jay, against the repeal of the public health act. These petitions and remonstrances were referred to the appropriate Committees.
Mr. Davldson. from the Committee on Agriculture returned Mr. Magee'e bill [S. 64] to authorize Counties to purchase grounds for the use of Agricultural or Horticultural Fairs, with report thereon recommending its indefinite postponement.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees, unless otherwise stated:
By Mr BELL [S. 157] to require the payment of certain premiums to Fire Departments of cities from foreign Fire Insurance Companies-with memorial praying for the passage of such ah act.
By Mr. NULL [S. 158] to provide that legal advertisements shall be printed weekly in newspapers having the largest bona fide annual circulation in the County, provided such publication can be had at the rate provided by law.
By Mr. YANCEY [S. 159] to secure safety in the use and management of portable and stationary steam engines and boilers. [The Governor shall appoint a Supervisor and an assistant engineers shall be licensed by District Supervisors, etc.]
By Mr. MAY [S. 160] to amend Section 2,390 of the Revised Statutes of 1881. [Relating to filing accounts again at decedents' estates.]
By Mr. HENRY [S. 161] creating an Appellate Court, [To consist of five Judges, to have exclusive jurisdiction of all appeals, except by defendants in. cases of felony, by the State in criminal cases and Superior Courts in general term, from Circuit and Superior Courts; the Governor to appoint-until an election-the first general election after the taking effect of this act; shall hold four years, except at the first election, two shall hold for two years and two for four years. Said Court shall have all powers of the Supreme Court to enforce its judgments and orders and to punish contempt; shall have power to provide furniture and stationery proper for the transaction of its business at the expense of the State; argument tp be upon written and printed briefs, unless the Court shall decide to hear oral argument]
By Mr. HENRY [S. 162] concerning deeds exe page: 87[View Page 87]cuted by administrators, executors, guardians, Sheriffs or Commissioners of Courts-when the record thereof shall have been destroyed by fire.
THE FEMALE PRISON SEWER.
The LIEUTENANT GOVERNOR called up the Special order, being the consideration of the bill [S. 46] concerning the proposed Indiana Reformatory sewer[See Brevier Reports, pages 62 and 63.]
On motion by Mr. BELL, it was recommitted to the Joint Committee on Reformatory Institutions.
REORGANIZATION OF THE BENEVOLENT INSTITUTIONS.
Mr. Brown's bill [S. 1] to provide for the better government and management of the Reformatory Institutions of this State, coming up in order, it was read the second time with a majority report recommending amendments, striking out Sections 3, 4 and 5. Also, a minority report recommending its indefinite postponement.
The first two sections of the bill are as follows:
Section 1, Be it enacted by the General Assembly of the State of Indiana, That the government and management of the Indiana Hospital for the Insane, of the Asylum for the Blind, and the Institution for the Education of the Deaf and Dumb, shall be and is hereby vested In three several Boards of Trustees, consisting of two Trustees for each of said institutions and one President for the three several Boards, which President shall be the Presiding Officer and Third Trustee of each of Mid Boards. The terms of such President and Trustees shall be four years, dating from the first day of February first following their election. The said Boards shall, on or about the first Monday in February after the adoption of this act, and every two years thereafter, select one of their number as Secretary and one as Treasurer thereof.
Sec 2. The General Assembly shall elect, on joint ballot, on or about the 15th day of January. 1883, one of said Trustees for each of said Institutions, and at the same time and in like manner, the President of the said Boards snail be elected. Every four years thereafter a President of said Boards shall be elected, and every two years thereafter, one Trustee for each of the said Institutions shall be elected, it being understood and declared that the Trustees now holding office and whose terms do not expire until February 1, 1885, shall continue in office under this act. and discharge the duties thereof until that time. If a vacancy shall occur in any of the said Boards when the Legislature is not in session, such vacancy shall be filled by appointment by the Governor, the appointment to hold good only until the following session of the General Assembly, when it shall be filled by election in the manner provided for in this act.
Section, third requires that the husband or wife, father or mother, or guardian of an insane person, it able, shall furnish the patient clothing; Section 4, that the proper relative of a recovered patient, who has been supplied with clothing, shall pay for such patient's transportation home; Section 5, that a medical officer, to be designated by the Board, shall take charge of one of the departments of the Insane Hospital, and such 'office shall, within the sphere prescribed by the Board. enjoy all the privileges and discharge all the du ties of a Superintendent, and, in the absence of the latter shall act in his stead and discharge his duties.
Mr. SPANN, as a substitute for both reports, moved to amend by striking out from the enacting clause of the bill [S. 1] and in lieu thereof substituting the bill [H. R. 42, Representative Wilson's, of Marion], to amend Sections 1 and 2 of the act providing for the government of the Benevolent Institutions of the State, providing that the term of the outgoing Trustees extend to the 1st of February, 1883, ana that in the event of the Senate not approving the nominations made by the Governor, the present Trustees shall be continued in office. It also provides means by which charges against the Trustees may be prosecuted and investigated, and empowers the Attorney General to act for the State in the prosecution of the same, and declares that the Trustees hall be removed if cause is found to exist, and their successors appointed by the Governor, and the Governor can not remove them wit 'out the fact of their inefficiency, carelessness or dishonesty has been established in Court.
Mr. BROWN stating it is the desire of quite a number of Senators that this subject shall not be considered now, and reserving the point of order on the substitute just proposed, he moved the bill and report be made the special order for Thursday at 10:30 o'clock a. m. It was agreed to,
SENATE BILLS READ THE SECOND TIME.
Mr. Bell's bill [S. 5] supplemental to the act for the publication of the Revised Statutes of 1881 [see Brevier Reports, page 28] was read the second time with a favorable Committee report. The report was concurred in and the bill was ordered engrossed for the third reading.
Mr. Ristine's bill [S. 22] to amend Section 1 of the act of March 3, 1881, to amend Section 7 of an act authorizing County Commissioners to issue bonds to purchase gravel or other turnpike roads [see Brevier Reports, pages 29 and 62,] was read the second time, with a Committee report favorable to its passage. The report was concurred in and the bill ordered engrossed.
Mr. May's bill [S. 72] to fix the time of holding Courts in the Second Judicial Circuit, affecting the Counties of Warrick, Spencer and Perry, was read the second time, with a Committee report recommending its passage with an amendment.
Mr. MAY referred to the trouble as to fixing the time of these Courts, and moved the recommitment of the bill to the Committee on Organization of the Courts.
The motion was agreed to.
Mr. Lockridge's bill [S. 117] fixing the fees of Prosecuting Attorneys [see page 61 of the Brevier Reports] was read the second time. with a Committee report recommending its indefinite postponement.
The report was concurred in.
Mr. Hilligass' bill [S. 134] to authorize the cities of this State to permit municipal taxes to be paid in installments [in equal semi-annual installments on or before the third Mondays in April and November] was read the second time, with a Committee report favorable to its passage. The report was concurred in, and the bill was ordered engrossed for the third reading.
INTEREST ON SCHOOL FUNDS.
Mr. Youche's bill [S. 28] to regulate the interest upon school and other trust funds [after May 10, 1883, to be 6 per cent.] was read the second time, with a Committee report recommending that it lie on the table.
Mr. FOULKE insisted there should be some such bill enacted, as in his County there is some $60,000 lying idle because it can not be loaned at 8 per cent.
Mr. JOHNSON: The Superintendent of Public Instruction, has statements to show that from 94 to 96 per cent. of the school fund is being loaned, and has been for the past four years, at 8 per cent., readily, and therefore the Committee was not willing to recommend a reduction of the interest.
Mr. VOYLES moved that the bill be recommitted to a Special Committee of Three, with instruction to loan the school fund at 6 per cent There is no reason why school fund interest should be placed, higher than the legal rate of interest in the State. And there are other reasons why school moneys should be loaned as low as other moneys. Whether the money is loaned out or not the County has to account to the State for the interest on the school fund. Farmers can not page: 88[View Page 88] pay 8 per cent. for any considerable length of time. So the best class of borrowers do not seek the school funds, but go elsewhere and obtain money cheaper.
Mr. FOULKE moved to amend so that the bill may be referred without instructions. There is & good deal of reason In the remarks of the Chairman of the Committee on Education [Mr. Johnson. ] Something might be done by redistribution of the school fund so that Counties that can loan at 8 percent, can have more money apportioned to them.
Mr. VOYLES accepted the amendment.
Mr. HENRY opposed the motion. He has a communication from the Auditor of his County saying the fund of $54,000 in that County can be loaned at 8 per cent. readily, and this is the experience in nearly all the Counties in the State. Where the money is not loaned it must be the fault of the officers. In his County the records having been burned the County officers can not certify there are no outstanding judgments against applicants and consequently they have to procure extra personal security.
Mr. MAGEE looked at this as a practical business question, and insisted that the Legislature should not interfere with the present law. In his County the best class of borrowers take all the school money as fast as it is ready to be loaned. The passage of this bill would reduce the revenue from interest about $260,000, and consequently he spoke in opposition to it.
Mr. BROWN insisted the rate of interest on this fund should be uniform all over thus State, and that 6 per cent. is high enough. A man must have a remarkable business to justify paying more than 6 per cent. In his County a great deal of this money is loaned on securities that are not good, and one reason why the rate should be reduced is the solvent, debt-paying farmers will not borrow from the school fund while they can obtain it cheaper elsewhere. Safety to the fund ana justice to the people demand that the rate of interest shall be brought down.
Mr, VAN VORHIS said if 94 to 96 per cent. of this fund can be loaned at, 8 per cent. he opposed anything looking to a reduction of the interest on this fund.
Mr. FOULKE did not think a proper determination would be arrived at without finding, out the exact status of the fund ia the various Counties of the State. He would not favor reducing the rate of interest to 6 per cent. if more can be realized. He supposed the greater part ia loaned on good security. If necessary, the school fund should be reapportioned.
Mr. VOYLES-insisted the rate is too high for borrowers in the Southern part of the State. If the rate was reduced men would not go to the banks for money when obtainable from the school fund. Men who pay the money back will go for money where it can be had the cheapest. Loan agents want to deal with men who will pay not only the money back, but the money with interest, and such agents desire to see the interest on the school funds kept up at a high rate.
Mr. VAN VORHIS: If the income from the school fund is reduced the number of days of schooling must necessarily be reduced, unless teachers be hired at a less salary.
Mr. HENRY could not see why the school fund Interest should be reduced to 6 per cent. when private parties can loan at 8 per cent. It would be a very foolish and unwise movement to reduce the rate of interest on the school fund at this time.
Mr. WHITE opposed the move to reduce the rate of interest. We ought to be very careful About this Common School interest-one of the most important in the State.
Mr. JOHNSON said: Within a short time letters have been addressed to the Auditors of the ninety-two Counties of the State, seventy-four of which have replied, and out of seventy-four forty County Auditors respond that they can loan the school fund at 8 per cent., nine for 7, and the balance recommend a reduction to 6 per cent. So it is clear that any reduction of the rate of interest would be considered a blow at free schools. Only about 4 1/2 per cent. of the entire fund is not loaned out. These figures were obtained recently through correspondence by the Superintendent of Public Instruction. Before consenting to any reduction the Senate should carefully consider the matter.
On motion by Mr. WILLARD the motion to refer was laid on the table by yeas, 23; nays, 13.
And then the Senate adjourned.
