THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, January 30, 1883-10 a. m.After prayer by Lewis A. Pier, pastor of the Fourth Christian Church-
The Secretary's minutes of yesterday's proceedings were read and approved.
Mr. McINTOSH making an ineffectual motion to dispense with the further reading thereof.
PETITIONS, MEMORIALS AND RESOLUTIONS.
Mr. SMITH, of Jay, presented a petition from citizens of Jay and Adams Counties.
Mr. McINTOSH presented a petition from the citizens of Green County praying for submission of the prohibitory amendments at a special election. [Laughter]
Mr. DUNCAN also presented two similar petitions; also by Mr. Keiser from White County; Mr. Hilligass from Huntington County; Mr. Spann presented a claim.
These were severally referred to appropriate Committees.
REPORTS FROM COMMITTEES.
Numerous reports from Standing Committees were submitted and placed on the calendar, under the rules, for future action.
THE CONSTITUTIONAL AMENDMENTS.
Mr. JOHNSON offered a joint resolution, proposing an amendment to Section 1, Article 16, of the Constitution, as follows:
"Any amendment or amendments to this may be proposed in either branch of the General Assembly, and if the same shall be agreed to by two-thirds of all the members elect to each of the two Houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered and spread at full length on their journals and referred to the General Assembly to be chosen at the next general election; and if in the General Assembly so next chosen such proposed amendment or amendments shall be agreed to by two-thirds of all the members elect to each House, then it shall be the duty of the General Assembly to submit such amendment or amendments to the electors of the State at the next general election, and if a majority of such electors shall ratify the same, such amendment or amendments shall become a part of this Constitution."
Mr. BROWN: Of course we all know that there were some amendments proposed to the Constitution before the Legislature two years ago, and that the Senate yesterday adopted a report declaring they are not pending before the Senate; but until the House of Representatives make some disposition of them they are still awaiting the action of the General Assembly; and he made the point of order that no amendments should be proposed to the Constitution until the question as to whether any such amendments are pending entirely disposed of. He read Section 2, Article 16, of the Constitution.
The LIEUTENANT GOVERNOR: Do you think we are not to vote upon their final passage until others are disposed of?
Mr. BROWN: No. The Constitution says, 'shall not be proposed." That, goes to the introduction of the amendments themselves.
The LIEUTENANT GOVERNOR: Under the rule of the Senate this would be the first reading of the resolution. It would now go to a Committee, come back, be read the second time, and ordered engrossed for a third reading on a subsequent day.
Mr BUNDY: The point made by the Senator from Jackson [Mr. Brown] is that this is not in order because there are other proposed, amendments pending.
The LIEUTENANT GOVERNOR: I wish the Senator would withdraw his joint resolution without requiring the chair to make a decision on this matter.
Mr. JOHNSON: As there seems to be a doubt, and as the validity of the amendment itself may be questionable, I beg leave of the Senate to withdraw the resolution.
SEVERAL SENATORS: "Consent!" 'Consent!"
The LIEUTENANT GOVERNOR: Leave is given.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees, unless otherwise stated:
By Mr BROWN [S. 179] to amend Section 8 of the act of June 7, 1852, concerning the election and duties of the Clerks of Circuit and Supreme page: 131[View Page 131] Courts, being Section 5,851 of the Revised Statutes of 1881. [To receive sealed proposals for books and stationery.]
By Mr. RA'HM [S. 180] in relation to claims against municipal corporations and the adjudication thereof, shall be referred, on request of one-third of the members of Council, to some Committee, and providing for appeals to Courts by claimant ]
ROADS AND HIGHWAYS.
Mr. BENZ called up the special order, being his bill [ S. 6] for the election and appointment of Supervisors of Highways [see pages 28,78 and 98 pf the Brevier Reports.] The question being on a substitution for the bill. [See page 98.]
Mr. WILLARD believed there was no piece of legislature enacted by the last Legislature that was so execrated as the road law. All parties are untied in Southern Indiana in demanding that the system of Road Supervisor shall be repealed and that we go back to the old system that the people understood. Senators now desire to tempt us with amendments. In Section 8, line 3, of the substitute, no one in exempted from working on the road over twenty-one years of age. Every industry is applying here for ceded legislation, and with the Senate give relief to all but the farming interest. The old law is well settled, has been satisfactory, is construed by the Courts, and the and the desire for the old law is universal in Southern Indiana, as compared with the new. He trusted all substitutes and amendments will be voted down and the demand for the old road law acceded to
Mr. FOULKE heard from all parts of his County the clamor give us back the old law. The people knew exactly the operations of the old law. Then it is said the Trustees are improper persons to take charge of the roads.
Mr CAMPBELL was satisfied this road bill is of as great importance as any measure that will come before the body. He moved a recommittal with instructions to report next Monday at 2 o'clock in order to give members time to more fully understand the merits of the propositions before the Senate.
On motion of Mr. VOYLES the motion to recommit was laid on the table.
Mr. McINTOSH traveled over his two Counties in the late canvass and was satisfied there were not in favor of the repeal of the present and the re-enactment of the old law. A certain odium attached to every man who had a place in the Legislature when the present law was passed. The author says this substitute is very like the old law. If it is like the old law let the Senator from Crawford [Mr. Benz] have the credit of it and have his bill passed.
Mr. McCLURE: If he felt instructed on one subject more man another it is to help restore the old law for the one working of roads, which has given so much satisfaction, and with which they have been so long familiar. Therefore he should vote for the bill of the Senator from Crawford [Mr. Benz] on its final passage.
Mr. BELL thought the lack of provision for furnishing money for work during the first year of the law more than any other feature brought odium upon it. It has many provisions which are improvements over the old law. Under the old law it was almost impossible to have good roads in his section. Although funds have been had under the new law but one year, there is quite an improvement in the roads in his County. The old law was defective in many respects. The substitute will probably do away with the particularly objectionable features of the present law. Two years ago he said if it were adopted and did not work well he would vote for its amendment when opportunity offered, and he was ready to redeem that promise now.
Mr. VOYLES opposed the eliding substitute. If there be any amendments desired they should be made to the original bill.
Mr. KEISER was not here to make a speech for home consumption. If farmers look to their own interests they will spend more on roads than on anything else but their own farms. It has been claimed that the cry is universal for the old Supervisor law. While there is dissatisfaction with the present law, he had yet to hear the first man who wants to go back to the old system under the old law. The people want a law which will give better roads than under the old law. He could not see where the great cry arises against the pending substitute. It makes some man responsible for the roads of the Township. Suppose it does cost a little more to have good roads, they ought to be had. Under the old law there certainly must have been a great waste of money. In his County every year they were credited with putting $11,000 on the roads. Under the old law hundreds of dollars were acredited for taxes and not hour's work done therefor. There ought to be a provision in every road law to prevent this. Abuses under the old road law have had a great deal to do with its inefficiency. He hoped the substitute [Mr. Henry's] would be adopted in place of the original bill and then amended.
Mr. HILLIGASS cited a, main objection to the present law viz., that the work is not well or properly distributed throughout the Township. He objected to a superintendency of the roads by the Township Trustee, as proposed in the pending substitution. That would interfere with the present gravel road law. He also objected to the power of removal by Trustees of Supervisors. On this subject the same objections lie to the present law. And there is a demand that the present law be amended or repealed there is no pro-provision in the present law that requires an equitable expenditure f road moneys. The old road law has been satisfactory in the past. He saw nothing in the substitute that, would remedy the defects of the present law. He favored senate bill No. 6 as introduced.
Mr. HENRY replied to objections to his substitute. He believed with a few changes it is a systematic bill. He knew of no reason why a man above fifty years of age should not pay a road tax according to the value of the land owned by him. Under this bill the per capita tax and commutation is applied by the Supervisor in his own road district; and the bill No. 6 does not provide the same things. The two differ in this more than in any other one point. The section authorizing removal of Supervisors is a desirable feature.
Mr. LOCKRIDGE, seeing a lack of understanding of this important matter, moved to postpone the further consideration till Monday next at 2 o'clock.
The motion was agreed to-yeas, 24; nays, 25-the Lieutenant Governor giving the casting vote.
And then came a recess till 2 o'clock.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR called the Senate to order and introduced Mrs. Mary H. Hunt, of Boston Mass., who proceeded to address the Senate on the effects of alcohol on the human frame and tissues in favor of the passage of laws requiring Instruction relating thereto to be a part of curriculum in all schools sustained by public funds. When she bed spoken one hour and ten minutes, having concluded-
EXECUTIVE APPOINTMENTS. Mr. BUNDY called up a special order, being the consideration of the question of confirming or rejecting the appointments of the Governor for Superintendent and Trustees of the Benevolent page: 132[View Page 132] Institutions of the State. [See Brevier Reports,pages 76, 77, 92 and 93.
Mr. BROWN said, if the Senate should confirm these appointments now, and his bill [S. 1] for the reorganization of the Benevolent Institutions pass, of course it would render nugatory the official life of the appointees. The regular and sensible way is to let these appointees stand until the fate of this bill is seen. If the bill should be adopted the conduct of some Senators touching the confirmation of these appointments will be modified.
Mr. BUNDY, while willing to allow reasonable time for the Senate and the Committee on Executive Appointments to consider this matter, was of the opinion that the Senate should not sit and wait for the operation of a bill the future of which unknown. While admitting there is no vacancy now, and no immediate emergency for the confirmation of these appointments, as a matter of courtesy to the Executive officer of the State, there should be some action taken on his appointments. If there are any charges against these men, or anything that could properly be urged as a reason why they should not be confirmed, he would favor delaying the confirmation a sufficient length of time to have a full and fair investigation, but was opposed to further delay simply to wait action on a bill the fate of which is doubtful. These appointments ought to be confirmed by the Senate without delay.
Mr. BROWN moved to recommit the Governor's message to the Committee on Executive Appointments, with instructions to report at the expiration of ten days.
Mr. HENRY: Doesn't the time of the present incumbents expire on the first of February?
Mr. BROWN: Their term of office expires on the 1st day of February, but there will be no vacancy because the law requires incumbents to hold until their successors are chosen. He modified his motion so as to require the Committee to report next Monday.
Mr. HENRY could see no good reason for deferring action on these appointments. He favored immediate action. That would not prevent any action on Senate bill No. 1.
The motion to recommit with instructions was agreed to by yeas, 21; nays, 19.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees, unless otherwise stated:
By Mr. BICHOWSKY, by request, [S. 181] to provide for the regulation of the running at large of horses, cattle and mules in the various Counties of the State. [Boards of County Commissioners may prohibit by submitting the question to a decision of the voters of the County]
By Mr. BROWN [S. 182] concerning the Supreme Court and to repeal an act in relation to the Supreme Court of April 14, 1881. [The Supreme Court shall appoint five Commissioners of the Supreme Court to hold office for two years]
By Mr. FOULKE [S. 183] amending an act supplemental to the State Board of Health act of March 7, 1881, being 4,992 of the code. [To amend Section 7 and Section 10, by requiring deaths to be reported at such times as the Board of Health may direct instead of fifteen days after death as now required.
By Mr. CAMPBELL [S. 184] to amend a supplemental act to the Common School law, being Section 4,436 of the R. S. of 1881. [So that Township Trustees may act as a Board for regulation of studies without the vote of the President of Trustees of towns or cities.]
By Mr. JOHNSON [S. 185] by request, to amend a supplemental act to the Common School law, being Section 4,420 of the code. [The Governor, the Superintendent of Public Instruction, the Presidents of the State University, Purdue and Normal School, the Superintendents of Schools of the three largest cities in the State, and three County Superintendents to be elected at an annual meeting of all County Superintendents, to constitute a State Board of Education; the County Superintendents to hold one, two and three years each. The Superintendent of Public Instruction to be President.
By Mr. McINTOSH [S. 186] to amend Section 155 of the Common School act of March 6, 1865, being Section 4,422 of the code of 1881. [Authorizing issuance of life diplomas without examination to teachers who have attained eminent scholarship, professional ability and distinction as teachers.]
By Mr. RAHM [S. 187] to amend Sections 1 and 3 of the act for repair of free turnpike roads, being Sections 5,104 and 5,106 of the Revised Statutes of 1881 [To allow County Commissioners to make a small levy for the repair of free gravel roads, turnpikes, etc. He says Vanderburgh County has ninety miles of improved free gravel roads, costing $1,000,000, but under the present law the Commissioners have no right or power to keep the same in repair.]
By Mr. VOYLES [S. 188] to amend Sections 1 and 9 of an act concerning public offenses of April 14, 1881, being Section 2,117 of the code. [Prohibits the taking of fish in March, April, May, November and December]
By Mr. WILLARD [S. 189] to authorize railroad corporations to endorse and guarantee the bonds of any railroad organized under the laws of any adjoining State.
By Mr. FOULKE [S. 190] to legalize the proceedings of incorporated Turnpike Road Companies which have been operated for twenty years.
By Mr. CAMPBELL [S. 191] to amend Section 159-the Common School law-being Section 4,521 of the Revised Statutes of 1881. [To increase appropriations to defray the expenses of teachers in County Institutes.]
HOUSE OF REFUGE.
On motion by Mr. VOYLES his bill [S. 91] to change the name of the House of Refuge was read a second time with a report from a Committee favorable to its passage.
The question being on concurring in the report of the Committee-
The Senate concurred in the report by yeas, 22; nays, 11.
And then the Senate adjourned.
