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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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HOUSE OF REPRESENTATIVES

FRIDAY, Feb. 2, 1883-10 a. m.

The SPEAKER called the House to order and announced prayer by Rev. Mr. Moore, of the Third Christian Church. The reading of the Clerk's minutes of yesterday's proceedings was dispensed with.

COUNTY SCHOOL SUPERINTENDENTS.

Mr. Stucker's bill [H. R. 186] to amend Section 33 of an act providing for the election of County Superintendent of Schools, by providing that elections shall hereafter be by popular vote, coming up with amendments, recommended by the Committee on County and Township Business.

Mr. SMITH moved to strike from the bill all after the enacting clause. He belived that the present mode of electing County Superintendents was a just and good one and should be continued. He considered the Township Trustees representative men of fair intelligence, and was not in accord with the statement that they were not refined men. He did not wish to cast any reflection on the electors of the State in his advocacy of the present mode of electing County Superintendents. Should this q question be made a political matter and the nomination of County Superintendent be left to a political Convention, he feared that the nominee would as often be selected because of the geographical position he held in the County as because of his fitness for the place to be filled. He looked upon politics as the science of Government and not a dirty pool as some persons ex- pressed it. A few years back he had been an opposer of the system that he now favored.

Mr. MELLET desired that his amendment should not prevail. He would hate to see anything done by this General Assembly that would weaken or in any way destroy the effectiveness of the County Superintendent system; but he believed that this being an office of the people should be filled by the people. He was not one of those men who feared to leave the filling of any office in the hands of the people. He did no con- sider it a political office, and felt that if it was placed in the hands of the people it would often be filled better than many of the offices are to page: 149[View Page 149]day. No office is too pure or too high to trust it in the hands of the people.

Mr SHOCKNEY insisted that the people ought to nave this right of selecting County Superintendents since they had to hear the expenses of the office. He believed that the bill should be adopted and that the amendment should be rejected.

Mr. SHIVELY considered the power of a County Superintendent almost unlimited, and that in many respects the County Superintendent was an autocrat. It is an office, in his opinion, that should be filled by the people. He thought, that the bill should prevail, and that the amendment should be rejected.

Mr. STUCKER could not see any reason why the election of County Superintendents should not be in the hands of the people, as are all other officers of the State. He believed that the office was as far in politics as it could be if the present bill should become a law.

The motion to strike out was laid on the table.

A motion by Mr. SMITH to change she time of election from November to April 1884, and a motion by Mr. GREENE to recommit the bill with the amendments of the Committee to the Committee on Education were severally laid on the table.

A motion by Mr. GORDON that no County Superintendent would be eligible to that office for more than four years in any period of eight years, was agreed to by yeas, 50, nays, 33.

Mr. JEWETT offered an amendment that no County Superintendent should be allowed for more than 120 days services in any period of twelve months.

Mr. Jewett thought 120 days sufficient for the performance of the actual services of any County Superintendent in the State. If 120 days was not sufficient time for the performance of his duties, Mr. Jewett would favor granting more days than expressed in his amendment.

Mr. SHOCKNEY staled that under the law as it now exists, and as the provisions of the present bill will leave it, the work of the County Superintendent could not be performed in the time allowed by the amendment offered by Mr. Jewett. He believed that the work could not be done in less than 200 days.

Mr. HEFFREN did not favor the amendment. He believed that if the time of a Superintendent was to be limited the result would be some foolish fellow would be elected to the office, who would not be competent to fill the position and that the office would not be accepted by a competent person. Tacking on these amendments, he thought would eventually kill the bill by making it so ineffectual that its friends would vote against it. He moved to lay the amendment on the table.

The motion was agreed to by yeas, 52; nays, 36.

A motion by Mr. HANSON to limit the time of service to 150 days, was laid on the table by yeas, 46; nays, 35.

Mr. STEWART moved that the bill with all amendments be recommended to a Special Committee of Three, who should incorporate all amendments and report, the bill so amended to the House not later than Tuesday next.

Pending these motions the House took a recess until 2 o'clock.

AFTERNOON SESSION.

The motion to lay the bill on the table was lost by yeas, 35; nays, 42.

The question now recurred on the motion of Mr Stewart that the bill with amendments be referred to a Special Committee of Three, who should incorporate the amendments and report the same back to the House no later than next Tuesday. The motion was agreed to, and the Speaker made the Committee to consist of Messrs. Stewart, Wilson of Marion, and Shockney.

LIMIT TO SPEECHES.

Mr. HEFFREN'S amendment to the Rules, providing that no member should, be allowed to speak longer than five minutes on motions, resolutions and amendments, except the mover of the motion, resolution, or amendment who should have five minutes to close the discussion, was now called up and adopted.

BILLS INDEFINITELY POSTPONED

by concurrence in Committee recommendations, to-wit:

Mr. Heffren's [H. R. 44] to repeal the act protecting sheep husbandry.

Mr. Spann's [H. R. 242] to amend Section 2,117 of the Revised Statutes of 1881, concerning public offenses and their punishment.

Mr. Cabbage's bill [H. R. 20] to encourage protection of breeders of fine stock.

INTEREST ON SCHOOL FUND

Mr. Antrim's bill [H. R. 16] to regulate the interest on the school fund was reported back from the Committee on County and Township Business, with the recommendation that the bill be amended by striking out six and inserting seven, making the interest 7 per cent. instead of 6, as provided in the bill, and that when so amended the bill do pass. The report of the Committee was concurred in, and the question recurring on the adoption of the amendment-

Mr. WILSON, of Marion, understood that about 95 per cent. of the school fund had been loaned at the present rate-8 per cent. He was creditably informed by persons of financial foresight that there would be no difficulty in loaning this fund for the next two years at the present rate of interest-8 per cent.

Mr. GORDON could see no reason why the interest should be reduced below 8 per cent. We should look to the interest of the school fund and not to the interest of persons who desired to borrow this money. He believed with the gentleman from Marion [Mr. Wilson] that there would be an appreciation instead of a deprecation of the desire for school fund in the next two years, He had been informed that there had been a decrease in the length of the school terms in this State, and if this bill should prevail there would of necessity be further decrease in the length of the school terms. He could see no reason why we should strike off one-fourth of the interest of the school fund.

Mr. MOODY did not propose to enter into a discussion with gentlemen on this floor as to whether all the school fund in the State can or can not be loaded at the present rate of interest. He did not think that extortion was right, nor that, if every dollar of the school fund of the State could be loaned at 10 per cent. to the already burdened taxpayers of our State who hold this money, that it would be just for us to compel them to do so. On an examination of the records in the Recorder's office of the State the gentleman will find that this large and magnificent fund is loaned to small land owners of moderate means, who of all men should be protected from usury and extortion. These funds are loaned in small amounts ranging from $300 to $600. Every man making a loan of this fund must pay the interest in advance, pay for an abstract of title costing him from $3 to $5 pay for a mortgage and the recording thereof, which amounts in the aggregate to about $6 or $8. We do not think it right to say that corporations and individuals may contract for and receive the highest rate of interest their money will command, but we have made the legal rate 6 per cent., why then should we say this fund shall not be loaned for less than 8 per cent? He thought the fund should be loaned at 6 per cent.

Mr. SMITH stated that he could commence where the gentleman from DeKalb [Mr. Moody] left off. He then read from a report which he had in his possession showing the amount of school page: 150[View Page 150] fund in each County, and also the amount loaned. The report showed that a very large per cent. of the school fund of each County was loaned at the present rate of 8 per cent. He stated that the testimony went to show that many Counties could loan twice the amount which they have at the present rate, and some claim that they could loan twice the amount at 10 per cent. He was not in favor of reducing the rate of interest while the money could be loaned at 8 per cent.

Mr. HEFFREN favored a 6 per cent. rate, but if the House will not agree to that he would favor a 7 per cent. rate. He moved that the amendment be laid on the table.

The motion was agreed to-yeas, 62; nays, 14.

Mr. HANSON made an ineffectual motion-yeas, 29; nays, 42-to indefinitely postpone the further consideration of the bill.

The bill passed to the second reading.

INSPECTOR OF GAS METERS.

Mr. CRITTENDEN, by consent, introduced a bill [H. R. 305] to create a State Inspector of gas meters. The bill was read the first time and passed to the second reading.

BILLS INDEFINITELY POSTPONED.

The following described bills were indefinitely postponed by concurrence in Committee reports so recommending:

Mr. Wilson's, of Marion, [H. R. 73] to amend Section 58 of the general city incorporation act.

Mr. Brooks' [H. R. 217] supplemental to the act authorizing cities and towns to open, widen, etc., streets, alleys, etc.

Mr. Cabbage's [H. R. 40] to regulate coal screens and define the size thereof.

SENATE BILLS READ THE FIRST TIME.

The following described Senate bills were read the first time and passed to the second reading, unless otherwise stated:

[S. 1] for the better management of the Benevolent Institutions of the State.

Mr. PATTON moved to strike therefrom Section 5, which requires a competent woman physician to have charge of the female deparment in the Hospital for the Insane.

On motion by Mr. FRAZER, the bill was referred to the Committee on Benevolent Institutions.

The bill [S. 193] regulating the number of Justices of the Peace.

The bill [S. 2] to enable turnpikes to connect with roads of an adjoining State.

The bill [S. 5] to pay Code Commissioners.

The gravel road construction bill [S. 22].

The Justices' change of venue bill [S. 113].

The Westfield town legalizing bill [S. 29].

The teacher's license bill [S. 89].

The telephone message bill [S. 32].

And the House adjourned.

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