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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.


FRIDAY, January 5,1883-10 a. m.

Mr. Speaker BYNUM called the House to order and announced prayer by Representative Frazee, of Rush County.

The Clerk's journal of yesterday's proceedings was read, corrected and approved.

A message from the Senate by Principal Secretary Kelley announced the passage of a resolution by the Senate for the appointment of a Joint Committee to wait upon the Governor. This resolution was concurred in by the House, and the SPEAKER made the Committee on the part of the House to consist of Representatives Shockney and Wilson, of Marion.

Mr. HEFFREN offered a resolution requiring the secretary of State to furnish a copy of the Revised Statues to each member of the House.

Mr. WRIGHT moved an amendment requiring each member to receipt for the copy furnished.

The amendment was laid on the table and the resolution was adopted.

The SPEAKER announced the appointment of pages, to-wit: Wm. Moriarty, George Mitchell, Daniel McCrossland and Richard Slater.

Mr, SHOCKNEY, from the Committee appointed to wait upon the Governor, reported that His Excellency was now ready to deliver his biennial message to the Legislature. On his further motion the Clerk was directed to invite the Senate to a joint Convention instanter for the purpose of hearing said message, and a Committee of two was appointed to conduct the Senate to the hall of the House.

Mr. COPELAND offered the following;

Resolved, By the House (the Senate concurring: therein) that we, the Representatives of the State

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of Indiana in Legislature assembled, most sincerely tender the French Republic our heartfelt sympathy in the loss of her distinguished and fearless statesman, and we join with all liberty-loving States in expressing our high appreciation of the renowned services and eminent ability of the great M. Leon Gambetta.

It was adopted.

The SPEAKER announced the Committee on Rules, authorized by the resolution of the gentleman from Washington, adopted yesterday morning, to wit': Messrs. Heffren, Wilson of Marion, Wright, Moody and Frazee.

The House then took a recess till after the Joint Convention.

The Senate appeared, preceded by the House Committee of escort. The Lieutenant Governor, seated on the right of the Speaker, called the Convention to order, Governor Porter then delivering his message as follows:

Gentlemen of the Senate and House of Representatives : The circumstances under which you assemble could not well be more satisfactory. The condition of the State has never been more prosperous. During the year just ended the products of our fields have been unusually abundant. Our manufacturing and mining industries have yielded good returns. Within the last year 560 miles of railway nave been built within the State-a larger number than in a any previous year. Of the ninety-two Counties in the State, there are only four through which railroads do not pass, and three of these happily border on the Ohio River. More than 225,000 acres of land have, during the year, been brought for the first time into cultivation. The practice of underdraining soils charged , with an excess of moisture has never been so energetically prosecuted. Along with it has come increased productiveness and a lessening of all malarial diseases. Our common schools, under the careful (superintendence of a diligent and capable officer, have increased n usefulness and in public favor.


The State is indebted as follows:

Five per cent. certificates, Stale stock   $14,469 99  
Two and one half per cent. certificates, State Stock   $12,355 13  
Five per cent. bonds, payable in New York, due December 1, 1998, but payable at the pleasure of the State after April 1, 1884  $585,000 00 
Twenty-four internal improvement bonds, past due   $24,000 00 
Six 5 per cent. internal improvement bonds, due July 1, 1886, held by the United States  $6,000 00  
Total   $631,825 12  

The accumulated interest upon the twenty-four old bonds above mentioned should be added, but the precise amount can not now be stated.

The indebtedness of the State to the school fund is evidenced by five non-negotiable bonds for the aggregate sum of $3,904,783 22, bearing 6 per cent interest; and the indebtedness to Purdue University is evidenced by one bond for $340,000, bearing 5 per cent. interest.


At the beginning of the fiscal year 1881, there was in the general fund of the State Treasury a balance of  $504,894 94 
There was received into the fund from all sources during the year  $1,408,025 08 
Total   $1,912,920 02 
The total disbursements from the fund during the fiscal year were  $1,634,691 80 
Leaving a balance at the end of that year of  $278,228 22 
The estimate of expenditure for the support of the State Government for 1881, made in pursuance of law by the Auditor of State in 1879, amounted to the aggregate sum of  $1,206,567 09 
These estimates were insufficient with respect to several important items. The expenditures on account of benevolent and penal institutions exceeded the estimates by  $166,878 28 
The expenses of the Legislature consequent upon the extra session, made necessary by the revision of the laws, were in excess of the estimates in the sum of  $26,626 58 
The estimates did not include the following items of disbursement: 
A transfer from the general fund to the State House fund, pursuant to an act of the General Assembly  $100,000 00 
A payment of the remaining war loan bonds  $139,000 00 
A payment of an old internal improvement bond, principal and interest  $5,563 16 
A payment of 2 1/2 per cent. certificate of State stock  $663 22 
The salaries of five Commissioners appointed pursuant to an act of the General Assembly, to aid the Supreme Court in bringing up its decisions in submitted cases  $199 66 
Expenses of Commissioner of Revised Statues  $500 00 
Expenses relating to printing of Revised Statues  $516 69  
Total  $44,384 33 
Deducting from the total disbursement for the year 1881, which were as above stated  $1,634,691 80 
The unestimated amounts above specified, viz.  $443,384 33 
A balance is left of  $1,191,307 47 
This amount, it will be perceived, is considerably below the Auditor's estimate for that year. The balance in the general fund at the beginning of the fiscal year 1882 (November 1, 1881) was   $278,228 22 
The total receipts to the fund during the fiscal year were  $1,269,401 64 
Total amount of general fund during the fiscal year 1882  $1,538,629 86 
Deduct disbursements during this year  $1,486,900 64 
A balance is left at the end of the fiscal year 1882 of  $101,729 91 
The estimates of expenditures for the support of the State Government for 1882, made by the Auditor of State in 1883, were  $1,174,470 20 
The disbursements were in fact  $1,436,900 65 
Being in excess of the estimates  $319,430 65 
This excess is explained by the following disbursements 
There was transferred from the general fund to the State House fund  $200,000 00  
The expenditures on account of the benevolent and penal institutions exceeded the estimates  $41,677 05 
Printing the Revised Statues not estimated for  $21,716 77 
Other expenses connected with the revision not estimated for  $2,127 95 
Appropriation by the General Assembly to State University, Purdue University, and the State Normal School, in excess of estimates  $11,500 00 
Expenses of Board of Visitors to the Normal School not estimated for  $113 85 
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State Board of Agriculture, Regular annual appropriation and appropriation to pay interest on its bonds  $10,700 00  
Supreme Court Commissioners' salaries  $19,951 48 
Department of Geology and Natural History  $4,510 30 
Commissioner of Fisheries salary and expenses  $808 33 
Mine Inspector's salary  $1,500 00 
Appropriation for removing a bar in Calumet River, caused by the construction of the State Ditch  $5,802 90 
Expenditure under act of the General Assembly for the survey of Kankakee River region  $3,930 34 
Erroneous payments by County Treasurers  $956 45  
Total  $325,295 42 
Deducting from the disbursements for the year 1882, which were, as above stated  $1,436,900 65 
The total amounts of the items last mentioned for which no estimates were made  $325,295 42 
Leaves  $1,111,605 23 

This amount, it will be perceived, falls considerably below the estimate for 1882.

The estimate required by law to be made by the Auditor of State to the General Assembly at each biennial meeting, of the expenditures to be made from the Treasury for the ensuing two fiscal years, can not, of course, anticipate all the expenditures which may prove to be necessary. There are always in the case, even items included in his estimate, appropriations which exceed the sums estimated, and there are always appropriations for other proper and necessary objects which naturally could not be foreseen when the Auditor's estimate was made. A chief purpose of the Auditor's estimate is to enable the Legislature to perceive within what limits other disbursements must be confined. In order to avoid the necessity of a higher rate of taxation. When appropriations, however, have been made by the Legislature in excess of sums estimated, or for objects not included within the estimates, it is proper that they shall be brought to public attention, in order to undergo a fair public scrutiny.

It will be perceived that the receipts to the general fund from all sources during the fiscal year 1881 and 1882 have fallen short of like receipts during the fiscal year 1881. The receipts to the general fund in 1880 were $1,477,609 92, and in 1882 were only $1,260,401 64, falling off of $217,208 28 during the latter year. The cause of this decrease is as follows:

The appraisement of all taxable real estate in this State was, prior to the passage of the statute of 1881, required by law to be made once in five years. The last appraisement was made in 1880. The next preceding one was in 1875, when the prices of real estated were yet inflated. The appraisement of 1880 fell below that of 1875 $155,424,597. The assessed value of personal property in 1880 was also less than 1879 by $54,223,545. None of the taxes levied under this lower assessment were payable to the State Treasurer until in May, 1881. At that time half of the State taxes for 1880 were required, by law, to be paid into the Treasury. The other half was not required to be paid into the treasury until January, 1882. The taxes collected for the fiscal year 1881 were one-half collected under the high valuation of real estate made in 1875, and one-half under the lower valuation of 1880. The taxes for the fiscal year 1882 were all collected under the lower valuation of 1880.

The taxes received into the General Fund of the State Treasury in 1881, fell short of the taxes receive to 1880, for the reasons above stated, $42,175 33, and in 1882 fell short of the taxes received in 1880 $158,063 97.

For the last fiscal year the State Government has had to be conducted on less revenue than for several years preceding.

Although, however, no new appraisement of the real estate will be made for purposes of taxation until the year 1866. the great increase of personal property has begun to be apparent of the tax lists, and by 1884 will probably have swollen the total value of taxables to as high an amount as they have ever been in any recent period of the State's history.

In addition to the revenues of the State will be apparent hereafter by the higher appraisement of the State Board of Equalization, during the years 1881 and 18S2, of the right of way and other property of Railway Companies The enlarged earnings of these Companies were deemed to justify an average increase to the extent of 10 per cent. in the valuation of property returned by them for taxation. n addition to this increase there has been an increased assessment, through the vigilance of the Auditor of Scale, by securing an assessment of buildings and improvements, such as machine shops and other expensive structures, situated on what the Courts have interpreted to be the "right of way" of these Companies, which, since 1872 had for the most part escaped taxation. The revenue, however, from the taxation of such buildings and improvements would be still further augmented, without an infliction of injustice, by a requirement that they shall ba appraised by local officers in the Townships in which they ara situate. The State Board of Equalization can never ascertain their value with satisfactory accuracy.

Under a loose interpretation given to our statute concerning Voluntary Association, the State's revenues from Insurance Companies are being diminished, and an injury is being inflicted upon many communities by irresponsible and fraudulent Insurance Companies, from other States and at home, which are engaged in the transaction of business under the shelter of that enactment. These Companies have so far afflicted the business of sound and responsible Companies, doing a fair and legitimate business, and honestly paying their taxes, as seriously to diminish their earnings and to make some of them contemplate a withdrawal of their agencies from the State. There is need for a prompt adoption of such, measures as will put a stop to fraudulent and speculative schemes which, sheltering themselves under the law of the State, inflict great injury upon our citizens and bring reproach upon the State itself.


The average daily number of inmates in the Hospital for the Insane, during the last fiscal year, was 1,070. The average cost per capita for maintenance, exclusive of clothing, is stated to have been $184,97.

The number of pupils at the Institution for the Education of the Deaf and Dumb, at the end of the last fiscal year, was 344. The average daily attendance is not given in the reports. The cost per capita is stated to have been $156.32,

The number of pupils enrolled at the Institute for the Education of the Blind, during the fiscal year, was 126, The reports do not give the average dally attendance. The cost per capita is stated to have been $216.67.

The number of pupils at the Soldiers' Orphans' Home and the Asylum for Feeble Minded Children, institutions under one roof and one government, is stated in the Superintendent's report to have been as follows: Soldiers' orphans present at the end of the fiscal year, 137. Twenty other orphans are accounted for by the Superintendent's statement that three have "eloped," and that seven teen have failed to return after the summer vacation. Of feeble-minded children, eighty-one pupils are reported as having page: 19[View Page 19] been present at the end of the fiscal year, and fourteen as discharged or away temporarily. The latter fourteen are said, in the Trustees'report, not to have returned from the summer vacation. The cost of maintenance is stated by the Superintendent to have been $125 per capita. The average daily attendance is not specified.

The two last named institutions are not, with respect to the reports required of the Trustees and Superintendent, governed by the statute relating to the other benevolent institutions The statute does not define with the same particularity what the reports shall contain. Nor does the statute relating to any of chem define the mode of determining the cost per capita of maintain their inmates. An examination of the reports of the several institutions will, I think, snow that a uniform rule of ascertainment does not prevail, and that the mode of ascertainment In one or two of them, quite unintentionally no doubt, is untrustworthy.

I recommend that a common requirement be adopted with respect to what shall be shown in the reports of the Trustees and Superintendents of the several institutions, and that the manner in which the cost per capita of maintains the in mates shall be ascertained, shall be specifically defined by law.

Your attention is respectfully invited to the recommendations contained in the report of the Trustees of the Hospital for the Insane, and which are strongly reinforced in the able and instructive report of the Superintendent of that institution.

The capacity of the buildings erected by the State for the care of the insane, spacious and imposing as they are, is sufficient for little more than half of the State's insane. Those who are unable, for lack of room in the State's Hospital, to be admitted as patients, suffer great and often cruel, neglect. They are confined in uncomfortable and sometimes shocking quarters in Poor Houses, where they received insufficient attention, or they are a burden upon poor kindred who are unable to make adequate provision for them, and to whom they are a source of distressing anxiety. and often of danger. Or provision for the insane is so inadequate that it falls quite below the provision made for the same class of sufferers by neighboring States. The mode suggested by the Superintendent for enlarging hospital accommodations is commended to your earnest consideration.

The provision contained in our statues for ascertaining the number of insane, deaf and dumb, blind and idiotic persons is imperfectly executed. Township Assessors are charged with the duty of ascertaining, at the time of assessing personal property, the number of such persons in their respective Townships; but this requirement is so frequently neglected that these lists furnish very imperfect information. A specific penalty should be prescribed for a neglect to perform this important duty.

The clause in the revised code which provides that a summons against an insane person who has no guardian shall, where such person is confined in a Hospital, be served upon the Superintendent, is regarded generally by the legal profession as not being applicable to writs of summons issues in divorce cases, and against administrators and guardians in the course of the settlement of estates. The consequence is that inmates of the Insane Hospital are often greatly excited and their recovery retarded by a personal service upon them of writs. This clause of the statute should, it would seem, be made to include all writs of summons in civil proceedings.

I recommend that in the department for women in this Hospital it shall be required by law that at least one of the physicians shall be a woman. There are now in this State not a few women who bear diplomas from respectable Medical Colleges, and who are qualified by professional attainmen's and experience to fill places as physicians in public institutions with credit and usefulness. It would be peculiarly fit that their services should be sought in cases of insanity among members of their own sex.

Three claims of considerable magnitude are pending against the State for work and materials under contracts entered into the Provisional Board of the Insane Hospital, it being the Board charged by law with the duty of constructing the building for the department for women. Two of the claims have been refused. One has been allowed by a compromise with the contractor, subject to a condition that the Legislature shall make an appropriation for its payment, there being now no appropriation available for that use. The facts relating to the case, briefly stated, are these: The Provisional Board advertised for bids for the brick work of the building, the work to be executed and paid for according to the plans and specifications of the State's Architect. The specifications provided for a measurement of the work in the wall as the work progressed, according to the rule of mason measurement of work in the wall, then in use in Indianapolis. The bid of the claimant, John Martin, was accepted. Before, however, a formal contract had been entered into with him, the State's Superintendent of Construction, himself a member of the Board, desired that what were the rules of mason measurement of brick in the wall at Indianapolis should be precisely defined in the contract, requested the claimant to allow a clause to be inserted providing that the measurement contemplated should be according to the printed rules of the master builders and contractors for brick work in this city. The clause having been inserted, the contract was reported to the Board and signed on behalf of the State by Governor Hendricks, the President, and by every other member. Before the allowance to the claimant was made, for which he will ask an appropriation, the work was carefully measured by the State's architect and by two experts especially appointed by the Board for that purpose, and their several measurements having agreed, the allowance was made in conformity thereto.

It is perhaps due to Mr. Martin to state that in a report made to the Governor by the Superintendent of Construction, when the work was nearly completed, he referred to his work as having been prosecuted diligently, and in the most satisfactory manner, and added that he felt it due to Mr. Martin to make a public record of the fact that he had "from the beginning manifested a constant, active and earnest interest in his work, with evident purpose, that it should be an honest job, creditable to the State as well as to himself."

The capacity of the Institute for the Education of the Blind is now insufficient for the accommodation of more than half of the blind youth, who, by law, are entitled to the benefits of the Institution. The edifice was completed for the admission of blind pupils more than thirty years ago, and has never been enlarged. Applicants are constantly refused admission to the Institution on account of the want of rom. Provision should be made by law for an enlargement of the building.

The Soldiers' Orphans' Home and Asylum for Feeble Minded Children should be regarded, on account of the character of both classes of pupils, with particular favor. It has had to struggle under the difficulty of narrow appropriations, and, during a party of its history, with other difficulties hardly less serious. The instructors have, however been diligent and devoted to duty, and the progress of pupils has been highly satisfactory. The soldiers' orphans have been particularly proficient in their studies, and the success attained in unfolding and strengthening the faculties of the feeble minded children has been most page: 20[View Page 20] encouraging. A sufficient appropriation should be immediately made to provide additional securities against fire. The means of escape in case of a sudden fire are wholly inadequate. Outside stairways at the outer end of the main halls should be erected as soon as possible; and, as the building is already furnished with gas pipe, a gas generator should be erected so as to supply the building with a safe light for illumination, so that the use of oil lamps may be discontinued.


Your attention is particularly invited to the report of the House of Refuge for juvenile offenders. The average number ot inmates during the year ; was 350. The expense of providing the equipments and instructors requisite for teaching the boys in this institution the most useful manual occupations has been found too great, in the opinion of past Legislatures, to warrant in making the necessary appropriation. A boy, as the case now is, though instructed in the simpler braches of education, leaves the Institution, in most cases, little better fitted to earn a livelihood, so far as manual skill is concerned, than when he entered it. He is to apt, on that account, to fall back into a life of crime. A system of industrial education has recently found much favor, which, not professing to teach manual trades, gives boys a dexterity in handicraft which maybe equally useful in many different trades. It instructs them in the use of what, it has been said, are the "half dozen universal tools," viz : the hammer, saw, plane, chisel, file and square. It is said that "in all the constructions a certain number of typical forms are found, which, being more or less modified, adapt themselves to special cases. These forms will also shape themselves into groups, each to be worked out in a certain way and with special tools; and the student taught to work out these forms each in the best way and with the tools best suited for the work will be far advanced in the skill which will make him available and useful in construction." A boy instructed in this way in a knowledge of forms and acquiring aptness and dexterity in the use of tools, would leave the Institution with a feeling of capability and self-confidence; could more readily obtain employment, and could speedily qualify himself for almost any of the various lucrative trades. One teacher it has been found can instruct thirty-two students at a time in this system, and boys going through the exercises in separate classes at different times, the education can be imparted with very little cost either in implements or materials. I invite your attention to the schools that at Boston, St. Louis and elsewhere, have recently entered upon this new system of industrial education for indigent boys, and to the propriety of such legislation as will give it a fair trial in our House of Refuge.

Under the guise of committing children to this i institution as incorrigible, or as juvenile offenders, children are often sent to it by the Courts who are simply poor, or whose parents, desiring to get rid of the cost of care of rearing them, are willing to make them a charge upon the State. Children merely poor should not be allowed to be thrown into association with juvenile offenders, and the sternest; vigilance should be practice to prevent negligent parents from shifting upon the State the responsibility of maintaining and rearing their offspring. Besides, it is not possible to ascertain to what extent the class of boys intended to be received into this Institution are reformed, if children not criminal or incorrigible are admitted. Sufficient provisions should promptly be made by law against the abuse of admiting boys not belonging to the classes of criminal and incorrigible.

The recommendation of the Superintendent that boys released from the Institution upon tickets of leave shall be placed by law under the surveillance of the Township Trustees in the Counties to which they are sent, seems to be a most judicious one. A knowledge by boys thus released that their conduct was watched by persona of character, for an honest purpose of preserving their morals, would help to restrain them from returning to crime. The additional advantage would also be gained that if they should fall again into a profligate life they could promptly be returned to the Institution for further discipline.

The management of the Reformatory for Women and Girls deserves unqualified commendation. A desire to keep expenditures within the limits of appropriations and to administer the Institution with proper economy, has been constantly evident. The proportion of inmates who, after their return to their homes, lead correct lives is greater than the most sanguine might reasonably have expected.

There is reason for regret that in selecting a site for the Reformatory more regard was not had to convenient facilities for sewerage. The only means for conveying the sewerage from the building is by the current of a rivulet that, after passing through the grounds, runs through a populous part of Indianapolis. With all the care that can be exercised, and an exhaustion of all means of purification, complaints are made of offensive odors. The stream, after passing through the grounds of the Reformatory, runs in part through and in part near the edge of the United States Arsenal grounds, and persons there employed have induced the authorities at Washington to cause a suit to be instituted in the United States Circuit Court at Indianapolis to enjoin the Trustees from allowing the sewage to be conveyed through said stream.

Nothing but a belief that the present Legislature will, by a proper law, provide for building a sewer by which the waste from the Reformatory will be carried off by other means than said stream has, it is believed, prevented an allowance of an injunction. Provision by law for the construction of a proper sewer is imperatively necessary.

An act was passed by the last General Assembly providing for the construction of such a sewer at the joint expense of the State and city of Indianapolis; but, as the consent of the city to bear its proportion of the outlay was requisite before the work could be undertaken, the work fell through, the city not having given the needed consent. As the sewer will be of material benefit to the city, it is just that it should bear a due proportion of the expense.

The necessity for a walled enclosure for the purpose of allowing a space for needful exercise for women sentenced for crimes whom it would be unsafe to permit to be at large upon open grounds is evident, and an appropriation of the comparatively small amount asked for by the managers would seem to be most proper.

The State's Prisons at Jeffersonville and Michigan City are more nearly self-supporting than they have been for several years.

The average number of prisoners at the former Prison during the past year was 564. The average number of prisoners at the Prison of Michigan City was 621.

The specific appropriation bill which failed at the last session of the General Assembly, on account of its consideration having been deferred to too late a period of the session, contained an appropriation of $5,000 for building special wards at the Prison of Michigan City, for the use of insane prisoners, and for a transfer to that Prison of all insane prisoners in the Prison at Jeffersonville. I earnestly urge the appropriation of a proper sum of money for the building of cells at the former Prison for insane prisoners, which shall be remote from the cells of other convicts. The insane convicts are at present, for want oi any other provision, kept in cells so near those of page: 21[View Page 21] other prisoners that their cries at night disturb and frequently destroy the rest of these hardworked men, whose condition at the end of each day's labor requires that they should have undisturbed repose. It is cruel and discreditable to require prisoners deprived night after night successively of needful sleep, to perform the laborious, daily tasks demanded of them by the practice of the Prisons. Insane persons require also a very different attention from that given to the sane, and from that which necessarily they are now accustomed to receive.

The abbreviation of the terms of sentences allowed by statute to prisoners for good conduct is believed not to be sufficiently liberal. No incentive to good behavior is found to be so strong with them as a knowledge that such behavior will shorten the term of imprisonment. I earnestly recommend legislation giving to prisoners whose conduct has been continually exemplary, a larger credit for good conduct on their sentences. The effect of such legislation would be followed, I have no doubt, by a great improvement in discipline, and a lessening of expense in the conduct of the Prisons.

Complaint is made by the city authorities of Michigan City that the sewage of the Prison at that city, which is conveyed into a small stream called Fish Lake Creek, occasions a nuisance injurious to the health of the inhabitants. The growth of the city has recently been rapid, and its limits now extend beyond the point at which this refuse is conveyed into the stream. The necessity for the construction of a sewer by the State seems to be urgent.


The number of persons in the State of School age, viz., between the age of six and twenty-one years, is 709,424. The number admitted to the schools was, in 1882, 498,792. The average daily attendance of pupils last year was 30,513. The number of school teachers is 13,259. The number of school houses in the State is 9,556, of which forty-eight are log, eighty-three are stone, 2,481 are brick, and 6,944 are frame.

The amount of Public Fund is $9,138,408.31. The addition made to it annually taking as a basis an average of the pest five years, exceeds $54,000. This sum does not include the large sum-about $260,000 a year-received from particular licenses and other sources, and applied each year to tuition.

The amount of tuition money derived from interest on the school funds in 1882 was $650,173.41. The whole amount received from State and local tuition taxes was $2,059,616.44. The proportion of the entire expense of tuition paid from taxes, State and local, was 75 per cent.

It will thus be seen that, ample as our school fund is, three-fourths of the expenses of tuition are derived from public taxes. The fact that these taxes are paid without complaint, is the highest evidence of the esteem in which the Public School system is held.

The report of the State Superintendent of Public Instruction is replete with interesting facts and suggestions.

The State Normal School is shown, by the report of the Trustees and Superintendent, to be in a highly flourishing condition. The average number of students during last year was 302. The need for a moderate appropriation for the purchase of apparatus for the instruction in the sciences is urgent.

The important suggestions contained in the reports of the Trustees of the State University and of the Trustees and Presdent of Purdue University will properly engage your most considerate attention.


The State Board of Agriculture has shown commendable zeal during the past year in the discharge of its official duties. It is required by law to hold a meeting in the month of January of every year, together with the delegates from the several County Societies, for the purpose of deliberation and consultation respecting the "wants, prospect, and condition of agriculture throughout the State." At this meeting reports from the County Societies, required to be made annually, with regard to the condition of agriculture in the several Counties, are delivered, pursuant to law, to the President of the State Board. It was doubtless the expectation of the framers of the statute that these County reports would furnish the chief basis for the deliberations and consultations of the Board relating to the condition and prospects of agriculture in the State. If filed a proper time before the January meeting they doubtless would but not baing delivered until after the meeting has begun, they can not be examined during the meeting with any care, and therefore form no basis for consultation or deliberation. The consequence is that they are, as a general rule, hastily prepared, contained little varied or specific information, and fall to present with fullness or vividness the condition of agriculture in the Counties.

If the reports were required to be delivered to the Secretary of the State Board by the 1st of December of each year, and it were made his duty to present to the Board at its January meeting a copious abstract of their contents, and to arrange and index them so that the several subjects could be readily referred to they would soon form a basis for the deliberations and discussions of the Board, and their quality would be greatly improved. It would be good policy for the State to offer a reasonable premium annually for the best County report. This would excite emulation, and in the end would make these reports of much value to our farmers.

Some of the professors of Purdue University-the State's Agricultural College-devote the greater part of every year to studies and experiments in agriculture. If these particular professors were made members of the State Board, they would impart much freshness and interest to its discussions, and give to it increased energy and spirit. I recommend that two members of the Faculty of Purdue University be made ex officio members of the Board.


The number of coal mines in the State is 150. The number of miners employed in them is 5,100. The production exceeds 2,000,000 tons a year.

The law in relation to coal mines, through carefully framed, is believed to need some amendment in order to give proper security to the lives of miners. The State Inspector is a practical miner of long experience, and thoroughly acquainted with the needs of miners. Hempen ropes for hoisting are, in his opinion, unsafe in cases of fire. Besides, no ordinary inspection can detect with certainty secret defects which often render them unreliable. Steel wire ropes should be required to be substituted in their place. Every mine, in the Inspector's opinion, should have at least two outlets. Where a furnace is employed for the purposes of ventilation, and one of the outlets i used for the escape of smoke and steam, the outlet so used is useless as a means of retreat in case of sudden danger. A mine in this condition has practically but one outlet. An additional one should, in such cases, be required.

It is made the duty of the Mine Inspector to examine all scales used in any coal mine for the purpose of weighing coal taken out of the mine, Miners are usually paid by the ton for their work. Justice to them and the preservation of harmony between them and their employers require that correct scales shall be used. The State, however, not having provided the Inspector with sealed weights, he has no accurate means of determining satisfactorily whether scales are correct. The page: 22[View Page 22] State should provide him with a set of sealed weights.


The General Assembly, at its special session in 1881, enacted a law providing for an appointment by the Governor of a Commissioner of Fisheries Commissioners had previously been appointed, under provisions of law, in thirty-one States of the Union and two of the Territories. I appointed to the office a gentleman who had given much study to the habits of fishes and to their propagation, and had been specially successful in the cultivation of the carp. I invite your attention to the suggestions contained in his report. The law of 1881 seems to have been intended rather to set on foot an intelligent investigation into the best means of restoring our many fishing streams, and of preventing a renewal of the reprehensible practices by which they have been impoverished, than to provide an efficient plan for supplying these streams, or to prevent a wanton or thoughtless depopulation of them. The business of fishing, if our fishes were undisturbed in the spawning season would soon become a profitable industry, and would give employment to many citizens. A most wholesome and nutricious food would soon be made abundant. The temperature of our streams and lakes, and their purity, adapt them to a great variety of fishes. The black bass, which multiply so rapidly when their spawning grounds are undisturbed, that artificial propagation is never necessary, is native to our streams. The carp can be successfully and inexpensively cultivated. It has been described by Professor Baird, United States Fish Commission- er, as being emphatically a farmer's fish. On account of requiring little more care than his swine and poultry. If Indiana has lagged somewhere behind a majority of her sister States in providing for restocking her nearly numberless streams and the beautiful lakes which abound near her northern border, shall she not make up for time neglected by a prompt adoption of the best methods, by the passage of wise protective laws, and by a resolute spirit on the part of her inhabitants to secure their enforcement ?


The Department of Statistics, separated by the last General Assembly from the Department of Geology, has been conducted with zeal and energy, and has collected statistics on a variety of subjects of general popular interest. Its monthly crop reports have been received with much favor by farmers and dealers in produce. It has, during the pass year. organized a corps of efficient weather observers, who have reported monthly to the head of the Department, their daily observations. These reports, having been transmitted regularly to the office of the Signal Service at Washington, have been commended for their fullness and accuracy, and they are contributing to the stock of knowledge which will gradually enable skillful observers to make longer and more accurate forecasts of the weather. The corps has been equipped with a small outfit of intruments by the United States Signal Service, but has served without any compensation.

The report of the Commissioner is so replete with information of general value that it will, no doubt, be examined by you with interest, and aid you in some parts of the work of legislation.


The report of the State Geologist has attracted much attention among scientists on account of its bringing to light new organic remains found among the rocks of the State, and on account of surface discoveries of a novel and important character. His tests of Indiana building stone, showing the superior quality thereof with respect to the important features of endurance and elasticity, have opened new markets for the stone and much increased the sale thereof. Beds of gravel have also been found by him, at places where the existence of such deposits had not before been suspected, which are furnishing material for improved roads. The State Geological Cabinet has been increased during the past year by an addition, with trifling expense, of more than 40,000 interesting and valuable specimens. New coal deposits have also been discovered and public attention directed to them.


This Board was established by an act of the last General Assembly. Twenty-six States had previously established like Boards. The work of the Board has been prosecuted with zeal. Its report, and the report of its executive officer, give a full statement of the work done since it entered upon the discharge of its duties.


The large collections made by the Attorney General of moneys received by various officers, which were payable to the State, but had been withheld, and the result of important suits in which the State has been interested, as well as the condition of pending suits, are shown by his report. The litigation involving the title to the valuable tract, of land near Indianapolis, purchased 'many years since as a sue for the House of Refuge, but not used as such, consisting of 100' acres, has been decided in favor of the State, and the State has quiet possession of the land.


By a reference to the report of the Secretary of State, it will be seen that a deficiency has existed for several years in the appropriations for public printing. The work is done for a fair price, but the cost of what necessarily must be done exceeds somewhat the sums appropriated. In this connection I beg to call your attention to the fact that the law should define with more precision what printing shall be paid for out of the general appropriation.


Attention is called with pleasure to the energetic and successful efforts of the Adjutant General to increase the numbers and improve the discipline of our active militia. The encampment held at Indianapolis last summer, at which some of the most prominent militia companies of the country engaged in a competition for prizes with our own companies, and with one another, drew to it a vast number of interested spectators, gave a renewed impulse to the martial spirit, and has been productive of excellent results. I take this occasion to render acknowledgements to the gentlemen composing my staff for their arduous and disinterested services on that occasion. Since the encampment broke up, many new companies have been formed, and a disposition to elevate the standard of attainment in all military exercises has been manifest. The recommendations contained in the Adjutant General's report are commended to your careful consideration. I particularly urge upon you the importance of passing a law, in conformity to his recommendation, to provide for copying into record books, to be procured for that purpose, the muster-in ar.d muster-out rolls of the Indiana soldiers. These contain an account of the service of each soldier. When this record shall have been made, a frequent handling of original papers will be unnecessary. and the papers will thus be preserved from injury. It will be a reproach to the State if a performance of this duty shall be longer neglected. There is a necessity also that you shall provide, without delay, a fire-proof vault for the purpose of securing these papers against the hazards of fire. Their destruction would do incalculable injustice to persons having the strongest Claims to grateful recognition by the State.

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In conformity to a requirement contained in the act of 1881, concerning the publication of the new revised statutes, I appointed the gentlemen composing the Board of Revision, Commissioners to prepare these statutes for publication and to Superintend the publication thereof. The last delivery of the copies required by law to be filed in the Clerks' offices of the several Counties was made in July, 1882.

The act of 1881 provided that the Commissioners should hold their positions until the first day of November of that year, and that the Commissioners and the Governor should, on the final adjournment of the General Assembly, advertise for bids for the printing and delivery of the statutes. A clause required the Commissioners to annotate the contents of the volume, so as to show, by proper reference, the time when all statutes in eluded in the volume went into force.

A literal compliance with the terms of the aet Of 1881, with respect, to the time for advertising for bids, was found to be impossible. The work assigned to the Commissioners could not, by the utmost labor they could bestow, be completed within the time prescribed, and no intelligent bid or bid at all favorable to the State could have been expected had bids been solicited when the work was in the incomplete condition it was at the time of the adjournment of the Legislature. Besides, the volume containing the session arts of 1881 was so large, on account of the bills brought before the Legislature by the Board for the revision of laws, that the printing could not be completed until a period much later than had been usual in the printing of session acts Hence the annotation of the time when the acts passed at the session of 1881 took effect could not be made as early as the Legislature had contemplated. When the time fixed for the expiration of the offices of the Commissioners arrived they, therefore, from public motives and at much personal inconvenience, continued in the performance of their labor, without any provision for further compensation, until the work contemplated by law had been completed and the statutes were ready for delivery.

The act of 1881 prescribed with particularity what kind of type and in what style the Revised Statutes should be printed. The contract was let in conformity to the terms of the act. Had the volume, however, been prepared in that manner it would have been most inconvenient and unsightly. Fortunately the contractor was willing to print the volume in a much better type, and to bind it in a much more attractive style, at the price which had been named in the contract and it was accordingly prepared in this manner, with the consent of the Commissioners and to the general satisfaction of the legal profession. It is a volume which the Commissioners have truly said is "a credit to the printers' art."

The cost of the printing, binding and delivery was $22,233 76, being $2 766.24 less than the appropriation for the purpose.

The Commissioners in their contract took the precaution to provide that, as soon as the number of volumes prescribed by law had been printed, the stereotype plates employed in printing it, should without additional charge, be turned over to the State.

No provision having been made by law for securing a copyright, the Commissioners took out a copyright in their own names, which they promptly assigned to the State. In compliance with a request from them, I recommend the passage of an act formally accepting the assignment.

The stereotype plates can occasionally be used to advantage by the State, and could also be used by private parties, in printing separately for circulation, particular acts contained in the volume. I recommend that provision be made by law, for a temporary use of the plates by private parties, for a proper consideration, at the discretion of the Board of Public Printing.

For the laborious work performed by the Commissioners after the end of their term of office, I have no doubt it will be the pleasure of the General Assembly to provide a proper compensation;,


The progress of the work upon the new State House since the General Assembly last met has, on the whole, been satisfactory. While in 1881 the work did not proceed quite as actively as had been anticipated, it has during the year just closed been prosecuted as diligently as the most sanguine could well have hoped. Under the careful and vigilant supervision of the Commissioners, it is believed that it has been thoroughly well executed, and will bear the sternest tests. It is a subject of great regret that the execution of the remainder of the work is liable to be retarded by a dissatisfaction on the part of the contractors, arising from losses said by them to have been necessarily incurred while they have been engaged in a diligent and faithful performance of their contract. The cost of materials and the prices of labor have risen, as they claim, altogether above what they expected, or what might reasonably have been expected, when they entered upon their undertaking. If they should decline to proceed further under existing circumstances, grave duty will be devolved upon you in determining what curse will be the wisest to secure an early and satisfactory execution of the unfinished part of the work.

Provision was made in the contract that changes directed by the Commissioners, with the consent of the contractors, during the progress of the work, should not operate to discharge the liability of the sureties upon the contractors' band, and in every instance where changes have been made they have been made with the consent of the contractors, and in conformity to an opinion of the Attorney General that the change would not release the sureties.


At the last session of the General Assembly an ; act was passed empowering the Governor to appoint a Civil Engineer to make a survey of the wet and swamp lands of the Kaukakee region in this State, and to take levels, and make careful estimates, with a view of ascertaining the cheap est and most practicable outlets and routes, by which to effect successfully a drainage of that vast body of fertile lands. An appropriation of $5,000 was made to enable the Engineer to prosecute the work, and the Governor was empowered at his discretion, to direct surveys to be made of other wet lands for a like purpose.

The vast region of the Kaukakee is shown to be one of the most fertile regions of the State, and, by the excavation of a nearly straight channel to conduct the water of the river, a sufficient fall can be obtained to effect a thorough damage. The ease with which the channel can be constructed is most gratifying, and the cost of effecting a drainage, however considerable it may appear, bears no sort ot proportion to the additional value which drainage will impart to the lands. These lands, on account of their proximity to Chicago, are covered by a network of leading lines of railroads. The estimates of the Engineer, who is of a cautious and page: 24[View Page 24] conservative temper may be regarded as being certainly above, rather than below, what would be the actual cost of the work required to be done.

It was hoped that the rocky bottom of the bed of the river, which begins in Illinois, two miles west of our State line, would not at that point oppose any obstacle to a thorough drainage, but the Engineer believes that the water, flowing through its new channel, holding particles of earth in suspension, would be likely to deposit a sediment at that point and make a bar which might render lands adjacent to the river liable to overflow. He thinks that for a distance of half the length of the contemplated channel the work of drainage can safely be prosecuted without delay, but that the rest of the work should await an acquisition of the right to remove for a specified distance the rocky obstruction referred to. A belief has been expressed, however, by some hydraulic engineers that until the new channel shall practically cease to make the stream muddy any tendency to create a bar at the point mentioned might probably be prevented by one of the small vessels needed, at any rate, to be maintained in the river for some time after the completion of the work, being fitted with simple mechanical appliances, enabling it to stir the sediment and keep it in suspension until it can pass off in the current which flows freely over the rocky bottom of the river at that point.

With respect to the manner in which this important understaking shall be prosecuted, there will no doubt be found a diversity of opinion. The law of 1869, which intended to provide a practical scheme for the the accomplishment of the work, was repealed by the General Assembly soon after its enactment. It was found that the effect of the law would be to subject to sale for a non-payment of assessments the lands of most of the small proprietors. Such proprietors can not pay any considerable assessments until an increase of crops, occasioned by the reclamation of their lands, provides them with the means of payment. Some method must be devised, if they are to be protected by which the work may go on and there may be a reasonable delay in the collection of the assessments. With respect to the portion of these lands included n the grant of swamp lands made to the State by the United States, the State engaged, when it sold them, that the proceeds of the sales should be applied toward draining them. It must be confessed that this engagement was imperfectly kept. The more sanguine proprietors have hoped that, in consideration of this face, the State would at its own expense undertake to drain these lands. It does not, however, seem to me likely that the Legislature would be willing to charge the State with the expense of so considerable an undertaking. But the fact that the State so imperfectly kept its engagement should certainly incline it to a course of liberal legislation. It is believed that it would be competent for the State itself to advance money, retaining a lien on the lands for a return thereon; but if this should be deemed inexpedient it might empower the Counties to be benfited by the drainage to guarantee bonds to be issued in payment for the work, retaining a lean on lands benefited in analogy to the provision respecting aid to Gravel Road Companies. The subject is one of so great importance that it should engage your early and most earnest attention.


For many years complaints have been made in the more populous Counties that the fees and salaries of officers were too large for the services perforated, it has also been asserted that the means to which there are often strong temptations to resort, for obtaining nominations for offices so lucrative, and for securing success at the polls, have a corrupting effect upon elections. Before the adoption of the Constitutional amendments of 1881, the Legislature was deprived of the power of curing this supposed evil. In that year an amendment was passed which has removed the difficulty. This amendment was submitted to the electors of the State, and prevailed by a majority of more than 90,000 votes. A session of the Legislature has intervened since the amendment was adopted, but no act has been passed regulating the compensation of officers in the manner contemplated. Every officer should be adequately paid for his services, but it is due to the people that no greater sum shall be taken from them,in the way of fees and salaries, than is necessary to pay to the officer a fair compensation. Officers frequently, however, relinquish regular occupation to obtain these places, under an expectation that the rate of fees prevailing when they were elected will be substantially maintained. It might be just, therefore, to postpone the operation of the regulation act for a reasonable time after its passage. A bill property regulating fees and salaries will require much thoughtful consideration, and should engage your attention at a very early period of the session.


The first section of the sixteenth article of the State Constitution is in the following language: "Any amendment or amendments to this Constitution may be proposed in either branch of the General Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendments shall, with the yeas and nays thereon, be entered 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 amendment shall be agreed to by a majority of all the members elected 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; and if a majority of the said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution."

At the special session of the General Assembly in 1881, several joint resolutions were introduced, which were passed by a vote of a majority of the members elected to each of the two Houses, proposing certain amendments to the Constitution. The titles of the several resolutions, and their numbers, were entered on the journals of the two Houses, together with the yeas and nays on the passage. An enrolled copy of each resolution containing the amendment set out at full length, was signed by the President of the Senate and the Speaker of the House of Representatives, transmitted to the Governor, and filed by him, in conformity to law, in the office of the Secretary of State. In the canvass for the election of Senators and Representatives to the present General Assembly, the point, it is believed, was not raised that proper steps had not been taken in the last General Assembly to enable the present one to consider the amendments. Since the election, however, the point has been raised through the public press that the proposed amendments are not in a condition to be considered by the present General Assembly, because it is said they were not entered at length in the journals of the two Houses of the last General Assembly. Neither of the points raised has been settled in this State by any judicial decision. An executive construction was given, however, to one of them in a message of Governor Baker, in the case of what is known as the Wabash and Erie Canal amendment. That amendment was not entered at length upon the journal of either of the two Houses. The resolution by which the amendment was proposed was referred to in the journal of each House by its title merely, and the enrolled copy thereof was signed by the presiding officer of each House, and was duly filed in the office of the Secretary of State. Governor page: 25[View Page 25] Baker maintained that this was a sufficient compliance with the terms of the Constitution.

The Constitution requires, in case of bills, that upon the passage thereof the vote shall be taken by yeas and nays and entered upon the journals of the two Houses. In a case where the point was urged that an act was not in force because no entry of the yeas and nays on its passage appeared in the journals, the Supreme Court held that the signatures of the presiding officers were conclusive evidence of its passage.

The Constitution is silent respecting the manner in which a proposed amendment shall be referred from the first to the second General Assembly. The main object, no doubt, is to get it before the Second Assembly. If the genuine resolution passed comes before the Second Assembly, and is acted upon, the object of a reference would seem to have been attained, and the purpose of the framers of that instrument to have been carried out. There was, I believe, no formal reference of the amendments adopted in 1881 by the First to the Second General Assembly.

In the canvass last autumn it is said that some of the Senators and Representatives who were chosen at the November election publicly pledged themselves that, if they were chosen, they would vote at the present session to submit the amendments to the el rotors at a special election. Without saying anything respecting the merits of the several amendments, I can frankly express a belief that pledges upon which electors were induced to vote for gentlemen holding seats in either of the two Houses of the Assembly, will not be disregarded except for overwhelming reasons.


The importance of the subjects which will engage your attention during the session, and the limited time allowed to you by the Constitution for their consideration, will require you to enter early and vigorously upon your work. It will give me pleasure to supply you with such facilities for the performance of your duties as can be furnished by the Executive Department. And I trust that, under the guidance of Divine Providence, error may be avoided and the best interests of the people subserved.


Executive Department, Jan. 5,1883.

Then came a recess till 2 p.m.


Mr. WILEY offered the following:

Wheres s, By an act of the General Assembly of the State of Indiana, approved March 13,1875, the Governor, Auditor and Secretary of State were made ex-officio Board of Commissioners of the Public Printing and Building; therefore be it

Resolved, That the Principal and Assistant Clerk cf this House and all other employes who may act for the House, shall make requisitions upon the Commissioner of the Public Printing and Building for all stationery ordered or needed for the use of the House, and any stationery procured elsewhere is unauthorized and hereby forbidden.

Mr. HEFFREN desired to know the object of the resolution.

Mr. WILEY: The object of the resolution is to secure stationery for the House in the cheapest possible manner.

The resolution was rejected.

Mr. GIBSON moved that 1,000 copies of the Governor's message be printed and distributed among the members of the House.

Mr HEFFREN offered the following amendment: "Provided that the part of the said message delivered by the Governor orally shall be inserted in its proper place."

The amendment was agreed to.

On motion, the resolution was further amended by reducing the number of copies from 1,000 to 500.

The resolution as amended was adopted.

On motion by Mr. McMULLEN the Governor's message was referred to a Select Committee of Five, to be appointed by the Speaker, who made said Committee to consist of Messrs. McMullen, Gibson, Kester, Shockney and Copeland.

Mr. JEWETT moved that the House adjourn.

Mr. STERRITT moved to amend by adding till 10 o'clock Monday morning.

The amendment was agreed to.

The motion as amended was agreed to.

And so the House adjourned till Monday at 10 o'clock a. m.