THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Feb. 13, 1883-10 a. m.The Senate met at 10 o'clock a. m.
Prayer by Rev. D. D. Reed.
On motion by Mr. HENRY the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
The LIEUTENANT GOVERNOR announced the question to be on seconding the demand for the previous question pending at the adjournment yesterday. The demand for the previous question was seconded, by the Senate and under its operations
The motion to reconsider the vote of the Senate authorizing the Committee on Elections to investigate the Winterbotham-Studebaker and Oliver case was agreed to by yeas, 22: nays, 20.
Pending the roll call.
Mr. VOYLES, when his name was called, stated he was incorrectly reported in the morning papers as "hoping this motion would prevail." He hoped the motion would "not," prevail and voted "no."
The question recurring on the adoption of the resolution authorizing the investigation by the Committee on Elections-
It was rejected by yeas, 19; nays, 23.
BUSINESS OF THE SUPREME COURT.
The LIEUTENANT GOVERNOR laid before the Senate a communication from the reporter of the Supreme Court, in answer to a resolution of the Senate, stating that the number of appeals January 1, 1881, was 1,619, the number of appeals pending January 1, 1882, was 1,122. That the number of cases decided from January 1,1879, to January 1,1881, was 1,251, and from January 1, 1881, to January 1,1883, there has been 1,796 cases decided.
PETITIONS, MEMORIALS, ETC.,
were presented and referred to Appropriate Committees:
By Mr. Bell, praying for the abolition of the Allan County Criminal Courts.
By Mr. Yancey, from fifty citizens of Hancock County, praying that his medical bill [S. 212] may become a law.
By Mr. May, from the Second Judicial Circuit.
By Mr. Ristine, against the repeal of the health law.
By Mr. Fletcher, from Pike, Grant and Gibson Counties, in favor of a continuance of the Board of Health act.
By Mr. Graham, from fifty citizens of Noblesville, a similar petition.
By Mr. Henry, from, the Physico-Medical Institute of Marion, against the passage of any law against the practice of medicine.
By Mr. McIntosh, from Richmond, for an extension of time for detention of girls in the Female Reformatory till twenty-one years of age, and the admission not until seventeen years of age, instead of fifteen, as now.
GENERAL APPROPRIATION BILL.
On motion of Mr. WILLARD the general appropriation bill [H. R. 302] was made the special order for 2 o'clock p. m. He said the Finance Committee are ready to report, and the report is now being prepared.
REPORTS OF COMMITTEES
were presented and placed on the calendar to come up for action in orders of the day, among which was one recommending the passage of Mr Compton's bill [S. 174] for continuing in office the Supreme Court Commissioners. Mr. Van Vorhis made an ineffectual motion for its consideration at once.
NEW JUDICIAL CIRCUITS,
On motion by Mr. RISTINE his bill [S. 170] to create the Forty-fourth Judicial Cucuit-making the County of Montgomery a Circuit by itself, was read the second time, a favorable Committee report concurred in, and the bill ordered engrossed for the third reading.
On motion by Mr. COMPTON the bill [H. R. 32] to create the Forty-third Judicial Circuit-the County of Vigo, and opening the Fourteenth Circuit-Greene and Sullivan Counties, and Fifteenth Circuit-Morgan and Owen Counties, was read the second time and passed to the third reading.
EXECUTIVE APPOINTMENTS.
Mr. BUNDY moved that the reference of the Governor's appointment of Superintendents and Trustees of the Benevolent Institutions be with page: 195[View Page 195]drawn from the Committee on Executive Appointments and on that motion he demanded the previous question.
The demand for the previous question was seconded, and under its operations the motion to withdraw the appointments was rejected by yeas, 20; nays, 27.
Mr. MAGEE, when his name was called, explained his affirmative vote; these appointments should not have been made; the Governor should not have asked the Senate to confirm them.
The vote was then announced as above, Mr. BUNDY remarking that the Democratic Senators seemed inattentive to business this morning, and he wanted to get them all in.
The LIEUTENANT GOVERNOR: There are enough of them here."
OFFICER'S CASH BOOK.
On motion by Mr. VOYLES, Mr. Graham's bill [S. 275] requiring certain officers to keep a cash boon. A Committee amendment concurred in, and the bill engrossed for the third reading.
HEIRS AND OTHER TESTIMONY.
On motion by Mr. SAYRE his bill [S. 57] to amend Section 280 of the act concerning civil case proceedings [relative to the testimony of administrators, heirs, etc.,] was read the second time and ordered engrossed. Mr. Sayre stating the bill referred to the competency of testimony in certain cases has the endorsement of the entire Judiciary Committee and Board of Revision.
RECORD EVIDENCE.
On motion by Mr. HENRY, his bill [S. 162] concerning deeds executed by administrators, guardians, Sheriffs or Commissioners of Court, where the record thereof shall be destroyed by fire in the burning of any Court House, was passed by yeas, 48; nays, 0.
DELINQUENT TAX SALES.
On motion by Mr. ATKINSON his bill [S. 114] to change the time of tax sales, was read a second time, with a Committee amendment changing the time back to the second Tuesday in February, as under the old law. The amendment was concurred in. The emergency clause was stricken out and the bill was ordered engrossed.
NORTHERN PRISON SEWER.
On motion by Mr. HUTCHINSON his bill [S. 17] for the construction of a sewer from the Northern Penitentiary to Fish Lake Creek, which flows into Lake Michigan [appropriating $33,000], was read the second time and ordered engrossed for the third reading.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. RAHM, from the Committee on Finance returned the general appropriation bill [H. R. 302] with some sixteen amendments proposed by that Committee.
On motion by Mr. BELL the Senate resolved itself into a Committee of the Whole [Mr. Bell in the Chair] for the consideration of special order, being the general appropriation bill [H. R. 302] making appropriations for the State Government and its Institutions.
The bill having been read through-
Mr. GRAHAM move d that the Committee recommend the bill be printed with the amendments proposed by the Committee on Finance. He urged great care in this the most important bill that will come before this body. The whole matter should be before the Committee in printed form.
Mr. RAHM explained the Committee amendments were mainly in the amounts-changed either to reduce or increase the sums.
Mr. SPANN supported the motion to print, not for the purpose of delay, but for careful and intelligent consideration, as ought to be done.
Mr. MAGEE considered the printing unnecessary, proposing to proceed with the consideration of the bill, at least till the Committee shall differ with the bill as transmitted here from the House. There are but few changes proposed by the bill, a difference of probably not to exceed $14,000. He was inclined to think this was a move to put off the bill from day to day till a later time in the session, when want of time may be plead.
Mr. VOYLES thought there was no need of delay for the printing of the Committee amendments and counseled immediate action.
The motion was rejected.
The Committee then proceeded to consider the bill by clauses.
Mr. BUNDY moved to make the salary of the Governor's Messenger $720 Instead of $700-the same that person was allowed for the part two years.
Mr. WILLARD said $700 was the largest amount till 1881; previous to that time $600 was the sum.
Mr. BUNDY understood the Messenger did more work than the Governor's Private Secretary.
Mr. MAGEE noticed the first appropriation for this Messenger was in 1877. In two years since that time there was no appropriation; $700 was enough for this Messenger.
Mr. FAULKNER moved to amend the amendment by inserting $600. That was sufficient. He could furnish any number from his County for that money.
Mr. SPANN did not think there was another person connected with the Governor's office who did so much labor.
The amendment to the amendment was rejected affirmative. 21; negative, 24.
The amendment for $720 was also rejected by the casting vote of the Chairman.
Mr. FAULKNER made an ineffectual motion to strike out the appropriation for the Governor's Clerk. The Committee's amendment, reducing the salary of the Adjutant General from $1,400 to $1,200, to comply with the statute fixing the salary at the latter sum being read-
Mr. HENRY staged that if the salary is not raised by a bill for that purpose the amendment should be adopted; but believing that the bill fixing the salary at $1,400 should be passed, he apposed the amendment.
Mr. McINTOSH did not think the bill referred to would be passed.
Mr. VAN VORHIS thought if there be any correspondence between what work is done and the pay, and any one acquainted with the work of that office well knows the work can not be done by a competent officer for $l,200.
Mr. VOYLES favored the Committee amendment.
Mr. MAGEE said the Committee had put down the salary of the Assistant Attorney General, and he did not think this was a very essential office, and $l,000 was the sum fixed in 1879 and was sufficient.
Mr. VAN VORHIS: Under the charge of this office are papers of immense importance to the soldiers of the State, and it was a very essential office.
Mr. GRAHAM praised the work done by the present incumbent, and insisted encouragement should be extended in that direction. He hoped the $1,400 would be retained.
Mr. SPANN: Out of the growing importance of this office the $1,400 should be left as in the bill.
THE BENEVOLENT INSTITUTIONS.
The Doorkeeper announced a message from the House of Representatives.
On motion of Mr. BROWN the Committee rose to allow the Senate to convene in order to receive the message from the House, which announced the passage by that body of Mr. Brown's bill [S. 1] for the better management of the Benevolent Institutions of the State, with an amendment thereto.
page: 196[View Page 196]Mr. BROWN moved to take the bill up and concur in the proposed House amendment.
The motion was rejected by yeas 27; nays, 22; not being a two-third vote as required by the rules.
The LIEUTENANT GOVERNOR decided the motion lost.
On motion of Mr. BELL the bill was made the special order for 10:30 to-morrow.
THE GENERAL APPROPRIATION BILL.
On motion of Mr. BELL the Senate resolved itself into a Committee of the Whole for the further consideration of the general appropriation bill, the question being on the Finance Committee 's amendment striking out $1,400 and writing in lieu $1,200 for the salary of the Adjutant General.
Mr. WILLARD defied gentlemen to point in this bill to a single dollar increase in any Democratic official; but on the contrary there is a decrease.
Mr. BROWN knew no change in affairs that 'would'allow a man to maintain a family for less now than two years ago, consequently he favored 'the $1.400 sum as in the bill.
The Committee amendment was reported.
Mr. MAGEE moved to reduce the Governor's civil contingent fund from $2,000 to $1,000 in accordance with the recommendation of the late State Auditor in his report to this General Assembly. The attention of the Finance Committee was not called to this matter.
Mr. BUNDY was informed this appropriation has never been less than $2,000, and as a matter of course, all the money not used will go back into the Treasury.
Mr. BROWN believed the Governor to be an honest, careful, conscientious public servant. The appropriation does not require the Governor to use all the money. He did not always judge the future by the past. This appropriation is made to aid in enforcing the laws of the Senate. He was willing to trust this money in his hands, and should support the $2,000 appropriation.
The Committee amendment reducing the appropriation to $1,200 was rejected-affirmative, 16; negative, 22.
The Finance Committee's recommendation that $2,500 be inserted instead of $3 000, for the Governor's military contingent fund, was agreed to upon a division-affirmative, 24; negative. 19.
Mr. GRAHAM moved to increase the salary of the Secretary of State from $2,000 to $2,500.
Mr. VOYLES insisted an appropriation bill is not the place to fix salaries.
The motion was rejected.
The Finance Committee's recommendation of an increase of the appropriation for the distribution of public documents from $300 to $800 was agreed to.
Mr. SAYRE moved to strike out the appropriation for a Deputy Auditor of State, for the reason that the office yields the Auditor of State, as he understands. $L,000 a month.
Mr. SPANN, while in favor of a just compensation, did not believe the Auditor receives any too much compensation, and would favor an increase rather than a decrease.
The motion was rejected.
Mr. SAYRE moved to strike out the salary provided for a clerk of the Auditor of State, for the reasons stated.
Mr. VAN VORHIS: If the statement that the office is worth $1,000 a month is true, this motion should prevail, as should the preceding motion.
Mr. YANCEY opposed the motion.
It was rejected.
Mr. SAYRE moved ineffectually to strike out the salary for the law department clerk; and also to strike out the salary for the insurance department clerk of the Auditor's office. The Finance Committee's recommendation to increase the office expense appropriation of the Auditor's office from $750 to $1,000, being stated-
Mr. WILLARD explained, for the past few years when the enumeration is made to fix the apportionment of the General Assembly, this appropriation is increased.
The amendment was agreed to.
Mr. GRAHAM moved that the Committee rise, report progress and ask leave to sit again on Mr. WILLARD'S suggestion, at 2 o'clock Thursday afternoon.
The motion was agreed to. Accordingly the Committee rose, and through its Chairman reported as instructed.
The report was concurred in by the Senate.
Mr. HILLIGASS introduced a bill [S. 279] for relief of Weems Heagy, former Treasurer of Madison County, and his securities, which was read the first time and referred to the appropriate Committee.
BUREAU OF STATISTICS.
On motion by Mr. MAGEE the bill [S. 78] to amend Section 2 of the act to establish a State Bureau of Statistics [the Chief to be selected by the General Assembly] was read the second time, with a Committee amendment providing that the first election shall take place oh the taking effect of this act, which was concurred in.
Mr. SPANN moved to amend by striking out all after the enacting clause, and denounced this as one of those infamous political bills to legislate out a man appointed by the Governor. This ought not to be done unless there can be some good reason given why it should lie done. He called upon the author of the bill to give a reason.
Mr. MAGEE said, acting upon the advice of the Senator from Rush [Mr. Spann], who said in the beginning of the session, "You, gentlemen, are entitled to the offices and you should have them," he had introduced this bill. There is an office created by that bill we want for the benefit of the people and we don't want it continued in the interest of a political party. We want a Democrat in that office, because all things being equal he is the best man. We don't want that office run in the interest of the Republican State Central Committee. We want that office run for the purpose named in the law creating it to furnish vital statistics. We don't want it to furnish statistics for either the Republican or the Democratic party. We don't wan't a man to discharge the duties of that office and at the same time dis- charge the duties of Assistant Secretary to the Central Committee of a political party. Without having any specific information, he said the charge comes from political and personal friends.
Mr. SPANN now supposed we had gotten to the bottom of this move. The Senator confesses there is nothing in this bill at all but the fact that the hungry Democrats want this one little office. Not being satisfied with taking the benevolent Institutions and Reformatory Institutions, and taking the State Prisons, and taking everything in sight, it is left for the Senator from Cass [Mr. Magee] to come in and claim the whole earth. [Laughter.] There is nothing in the bill but that it turns out of office a competent man He denied the charge that the head of this Bureau has run it in the interest of the Republican party. The gentlemen at the head of this Department would not allow that thing to be done if they knew it. If it has been done it was without their knowledge or authority. This bill is one of considerable importance, and for the purpose of having it fully and fairly discussed-it being now late in the afternoon-he moved that the Senate adjourn.
The motion was rejected.
Mr. WILLARD demanded the previous question.
The demand was seconded by the Senate by yeas, 25; nays, 19. The main question was ordered by yeas, 25; nays, 21, and the motion to strike out all after enacting clause was rejected by yeas, 21; nays, 25.
The bill was ordered engrossed for the third reading by yeas, 25; nays, 21.
page: 197[View Page 197]THE BENEVOLENT INSTITUTIONS.
Mr. SPANN moved to take up Mr. Brown's bill [S. 1] for the better management of the Benevolent Institutions of the State, and that the Senate reject the House amendment thereto.
On motion by Mr. BELL-yeas,-; nays,-, the Senate adjourned.
