THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, Feb. 14, 1883-10 a. m.On motion by Mr. BENZ the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
PETITIONS, MEMORIALS AND REMONSTRANCES.
The LIEUTENANT GOVERNOR laid before the Senate a communication from St. Louis in reference to the improvement of the Mississippi River.
Also a communication from the Board of Aldermen of Indianapolis praying for the passage of a law authorizing cities of 30,000 population and over to levy taxes in excess of ninety cents on each $100 of taxables for any purpose whatever.
These papers were referred to appropriate Committees
TEACHER'S LICENSE.
On motion by Mr. WHITE his graded teacher's license bill [S. 145-see page 72, and 182, of the Brevier Reports] was taken up, it having failed to pass last Saturday.
Mr. YANCEY said this bill ought not to pass. If a trial license is required the bill is unfair, because it prohibits the granting of six months' license the second time. Again, a young man or young woman not able to obtain a longer license should be granted a six months' license as often as applied for, if they can pass the examination therefor, otherwise an aristocracy in this line may spring up. In justice to those aspiring to qualify themselves for teachers the bill should be rejected.
Mr. SMITH, of Jay, opposed the bill. Some teachers holding a twenty-four months' license to-day do not teach as good a school as some holding a six months' license. He condemned the system, or the class of questions propounded to teachers on examination. This bill ought not to become a law.
Mr. ADKISON was influenced the other day by the Senator from Hancock [Mr. Yancey] and the Senator from Jay [Mr. Smith] to oppose the bill. Having thoroughly examined the bill since he did not believe the bill subject to the objections urged by these Senators. It is as important to guard the community against incompetent school teachers as against incompetent doc- tors. The bill contains a stimulus for young people to prepare themselves for the discharge of their duties as teachers.
Mr. HENRY also voted against the bill the other day, but should vote for it now. He looked upon this as an important matter-bearing upon the education of the people of the State, it is not simply for the purpose of furnishing occupation for persons, and if they can not more perfectly prepare themselves under a six months' license for'a twelve months' license they had better quit.
The bill parsed the Senate by yeas, 33; nays, 12.
THE BENEVOLENT INSTITUTIONS.
On motion by Mr. SPANN the Senate returned to the consideration of his motion pending at the adjournment yesterday, to reject the House amendment to Mr. Brown's bill [S. 1] for the better management of the Benevolent Institutions-see pages 105, 135 and 136 of the Brevier Reports. He said the judgment of the Senate was this amendment stricken out in the House should prevail, and he desired to know upon what ground objection is made to such a humane provision. He urged Senators to rise about the rut of political necessity in this humane feature. We are willing a Democratic woman should be put in the position and have charge of this unfortunate class of fellow-beings. If this section remains he would vote for the bill. He favored recognizing women of the State who have the ability.
Mr. BROWN offered a substitute for the motion that the Senate concur in the House amdnemtn. The Senate can not dictate to the House what it ought to do, even to get the vote of the Senator from Rush. All this talk about a female physician has been made for the purpose of defeating the bill, because this matter is left to the decision of the Board of Trustees, who can make just such an appointment, as the Senator desires, if they feel so disposed. He demanded the previous question.
The demand for the previous question was seconded by the Senate-yeas, 25; nays, 20.
Under its operations the substitute motion, that the Senate concur in the House amendment, was agreed to by yeas, 27; nays, 21.
The motion as amended was agreed to by yeas, 27; nays, 21-and so the Senate concurred in the House amendment, striking out of the bill the section requiring the Female Department of the page: 200[View Page 200] Insane Asylum to be placed in charge of a competent female physician.
Mr. BROWN moved to reconsider the vote concurring in the House amendment, and to lay the motion to reconsider on the table.
The latter motion was agreed to by yeas, 28; nays, 20.
THE HIRING OF CONVICT LABOR.
Mr. CAMPBELL moved for a dispensation of the constitutional rule that his bill [S. 247-described on page 167 of these reports] for the better advertisement of contracts labor, that it may be pressed >to the final vote.
Mr. BROWN opposed the motion. The bill is not in the proper shape. It is a covert attempt to strike down existing contracts for the purpose of annulling them. He asked if the author would object to an amendment exempting existing con tracts from the operations of the bill.
Mr. CAMPBELL had no objection,not intending to interfere with existing contracts.
The motion to suspend the rules was rejected yeas, 28; nays, two-thirds not voting in the affirmative.
PURCHASE OF TOLL ROADS.
Mr. HILLIGASS called up his bill [S. 48-see page 167 of the Brevier Reports] providing for the appraisement, purchase an'l convertment of toll roads into free roads, which failed to pass last Monday. He explained it provides for a majority petition by owners of land lying along the roads. The Committee can order an appraisement on the actual cost value and make assessment on lands benefited lying within one and one-half miles of the road. The provisions are the same as under the free gravel road law. It only encumbers the land owners along the line represented by a majority of petitions. The limit is ten years for the tax to be paid.
Mr. VAN VORHIS feared it would permit the sale of some roads at eight or ten times actual value, and enable parties who have bought up stock at a nominal price to recover from parties along the line full value, and make them pay the second time for the same road.
Mr. HILLIGASS considered a sufficient answer to be this: that the question of purchase is left with a majority of land owners along the line.
Mr. GRAHAM also feared the burden of paying for a road the second time by owners along the line of the road. The provisions of the bill will allow the taking away from owner thereof his stock in such roads without a fair compensation. That arbitrary right is not permitted by the Constitution. In his County there are a number of toll roads and the people want them continued. Our experience with free gravel roads has not been so satisfactory. The provisions of this bill would be liable to very great abuse-it will allow the appraisement of an old gravel road and compel its sale to the persons who built it.
Mr. VAN VORHIS regarded this as a vicious bill. He suggested a difficulty where the road is mortgaged-it would not be bought.
Mr. HILLIGAS thought the illustration an extreme one-there are probably not, a half dozen in the State mortgaged-but there is a provision in the bill that will overcome the difficulty suggested.
Mr. McCULLOUGH suggested a difficulty where owners of land along the line may be heavy stockholders.
Mr. HILLIGASS: The roads are not to be appraised beyond a fair cash value. There are provisions to protect every man who considers himself aggrieved.
Mr. LOCKRIDGE saw in the bill no provision for appeal on one side-the rule ought to work both ways. He was not opposed to the general provisions of the bill but desired to see this objection remedied before voting for it.
Mr. SAYRE also opposed the bill because the public interest is not sufficiently guarded. Money can be drawn for the purchase from the County Treasury without reference to the justice of the appraisement. While a taxpayer might enjoin, here are the mandatory provisions in the bill that its appraisement at a fair cash value shall be paid.
The bill passed the Senate by yeas, 30; nays, 16.
STOCK BUNKING AT LARGE.
Mr. YANCEY called up his bill [S. 5] prohibiting certain animals running at large, which failed passing Saturday. He said it is a copy of the bill that came near passing two years ago.
Mr. ADKISON opposed this bill because his constituency, without regard to age, sex, or previous condition of servitude, are opposed to it. There is an abundance of outside range for cattle and horses, and they desire to avail themselves of their opportunities.
The bill failed to pass for want of a Constitutional majority-yeas, 21; nays, 22.
Then came a recess till 2 o'clock p. m.
AFTERNOON SESSION.
Mr. BELL gave notice that he should on to-morrow, or at the proper time, move to change the hours of meeting of the Senate, so it shall convene at 9:30 a. m. and 1:30 p. m.
ROADS AND HIGHWAYS.
Mr. Benz's bill [S. 6] for the election and appointment of Supervisors of Highways [see pages 78, 97, 131, 169, 175 and 176 of the Brevier Reports] coming up in order, it was read the third time.
Mr. SPANN and Mr. Voyles pointed out omissions in the bill of sections adopted by the Senate.
Mr. BUNDY moved to recommit the bill to a Committee of Three [Mr. Benz, Voyles and Henry] with instructions to strike out the emergency clause and insert Mr. Voyles' section.
Mr. BUNDY said the bill as it now stands is inconsistent.
Mr. VOYLES referred to three sections which were adopted by the Senate the other day and omitted from the engrossed bill.
Mr. WILLARD had no doubt the Senator from Washington [Mr. Voyles] thinks his sections were adopted, but the journal of the Senate shows they were not.
Mr. VOYLES The fact is all the same. No matter what the record is, the Brevier Reports show the sections were adopted as amended by a substitute offered by the Senator from Madison [Mr. Henry] to a clause in the third section as proposed by him.
Mr. SPANN read from the Brevier Report record to show the facts as stated by Mr. Voyles, the Senator from Washington.
Mr. WILLARD would consent to a recommittal if the bill be reported back at once.
Mr. HENRY moved a substitute for the motion to recommit to a Committee of One [Mr. Benz] with instructions, so that upon the taking effect of the act Township Trustees shall appoint Supervisors, and striking out the postponement of the taking effect of the act until the first Monday of April, 1884, and the three Sections, 36, 37 and 38 [Mr. Voyles'], as adopted the other day.
Mr. SPANN would vote for the bill if the emergency clause be stricken out.
Mr. BUNDY insisted this General Assembly can determine a time when a law shall go into effect, but not sooner than the Constitution contemplates, except in cases of emergency, which is also provided for in the Constitution. The law now on the statute books is one of the best ever enacted, but there has been no opportunity to test its bad qualities because of a defect in furnishing the money for carrying out its provisions.
Mr. HENRY was not as well satisfied with this bill as be would like to, but it is a better one than the House bill, and if we are to have either he preferred this. It is for the interest of the roads of the State to have the bill take effect at once.
page: 201[View Page 201]Mr. VOYLES favored the motion to recommit. He desired to see the bill made consistent, and to see his amendments incorporated in the bill as they have been by a vote of the Senate.
The substitute [Mr. Henry's] was agreed to by yeas, 31; nays, 15.
The motion as amended by the substitute was adopted, and so the bill was recommitted.
SUFFERERS BY THE FLOOD.
Mr. McINTOSH moved to take up the bill [H. R. 414] to appropriate $40,000 for the relief of sufferers on the Ohio, Wabash and White Rivers in the State of Indiana from the recent flood; that it be read the first time, the second time by title only and put upon its passage. He hoped the Senate would add $10,000 to the appropriation.
The motion was agreed to by yeas, 44; nays, 0; accordingly the bill was read the first time, and the second time by title. [The Governor, Secretary and Auditor of State to disburse the money without delay.]
Mr. SPANN moved to add to the Board of Dispensation the Lieutenant Governor.
The amendment was agreed to.
Mr. WILLARD moved to increase the appropriation to $50,000.
Mr. MAGEE opposed the amendment. There will be a deficiency in the ensuing year. This bill was introduced this morning and hurried through the House. The expenditure of the money is not sufficiently guarded. While this appeals to the the impulses of our nature he opposed the passage of the bill without proper consideration. We are entitled to no credit for putting our hands into the State Treasury in this way. It is the people's money and not ours. Let us see,if the bill is to pass; that the people who deserve the money shall receive it, and that it shall not be dispense to undeserving.
Mr. VOYLES thought In a great emergency like this money should be appropriated from the State Treasury, The people will doubtless contribute liberally from their means, but it, will look niggardly unless this? Legislature make a liberal appropriation. To raise the captious question the money will not be properly distributed looks cap- nous. These sufferers call loudly for relief, and he thought no generous man or woman but would applaud the passage of this bill, even though it called for $100,000.
Mr. VAN VORHIS would favor the amendment did he think it necessary-he favored a sufficient amount to meet the emergency.
Mr. SPANN opposed the bill because it has in it concealed a communistic principle. Whenever any class want relief they knock at the doors of the State Treasury. We can not afford to make a bid precedent that shall go down the line of the ages. When any great disasters have overtaken people, when charity of their neighbors is appealed to relief will roll in and flood upon them until the suffering need no more. All over the country is bread, food and clothing being distributed to the people. This precedent is a dangerous one and ought not to be passed. The principle is wrong and the Senate ought to consider it well,
Mr. BROWN hoped localities had nothing to do in in influencing Senators in voting upon this bill. Its passage will not be a precedent for the legislature hereafter to do an improper thing. At such a time as this tins kind of relief should be extended. The duty of Goverment is to protect her citizens. Man is not responsible for the act of God or a public enemy. He thought the $40,000 would carry the needed relief and hoped the amendment would lie withdrawn. He appealed to the Senate to ex- tend heart and hand to this measure.
Mr. JOHNSON favored the bill but opposed the amendment, because its adoption would cause delay. If at any time delay is detrimental it is now. These sufferers hold up their arms imploringly for needed assistance, and he hoped not an hour's delay will be had.
Mr. McINTOSH did not believe the amendment would delay the bill half an hour, and he hoped it would pass.
Mr. SPANN insisted not a good reason has been given for the passage of this bill. No man appreciated more than he the deserving objects of the bill, but it will not do to inaugurate a communistic principle. It is not because he did no: love these people who were his brothers and neighbors; it is only the principle he was fighting against.
Mr. BELL thought there is a good deal of truth on both sides of this proposition. He should vote for the bill because of the great emergency-one unlikely to occur in the future. He acknowledged the principle to be a vicious one, but when emergency comes the eye is suffused and money flows like water to the relief of fellow sufferers. It is the easiest thing in the world to be generous with other people's money: but with this commission we may safely pass the bill. He opposed the amendment, believing the sum named in the bill sufficient for the present emergency. The public funds are not always raised by those able. Charity should come as the rain from Heaven, freely and unforbidden.
Mr. MAGEE supposed the bill would pass, but felt he must put his protest on record. He had as kindly a feeling for human kind as any Senator; but opposed anything like compelling charity. If this be a vicious principle, as acknowledged by the Senator from Allen [Mr. Bell], how can that Senator vote for the bill? We all had too good a knowledge of the generous people of this State to believe but that they would respond in abundant measure to their suffering brethren. If this precedent be established, every time a great fire or other calamity comes upon any people in this State, they will come here for relief and point to this precedent. The bill he regarded as unconstitutional, and should vote against it.
Mr. CAMPBELL appreciated what has been said on both sides of this question. This is an unprecedented calamity, and he felt justified in voting, gladly, for such a measure of relief as this.
Mr. ADKISON said the bill is not broad enough nor large enough. He would like to see it apply to every river in the State. The proposition is too narrow and the appropriation is too small.
Mr. BELL hoped the money would be used only for the relief of physical suffering and personal want. Mr. VAN VORH1S was willing to take the responsibility of voting to help these sufferers. Citizens who will not contribute ought to be compelled by law to do so.
Mr. WHITE felt his people would censure him were he not to favor this bill to relieve the suffering people of the State, though he opposed the amendment.
The amendment increasing the appropriation to $50,000 was rejected by yeas, 7; nays, 37.
Mr. SAYRE (explaining) would as lief vote for $100,000 as $40,000, but he would not, vote for the amendment now. If more money is necessary he stood ready to vote it.
Mr. FOULKE moved to amend by adding a proviso that no more than $5,000 be appropriated for sufferers from overflow of the White River or Wabash River.
Mr. SAYRE opposed any amendment on account of the delay.
The amendment was rejected.
Mr. MARVIN moved to strike out the words Wabash River and White River.
Mr. BROWN knew no difference in the suffering wherever it is regardless of localities. There ought to be no distinctions.
Mr. MARVIN had seen no report where the people on these rivers are suffering.
The amendment was rejected.
page: 202[View Page 202]The bill was then read the third time and finally passed with the amendment adding the Lieutenant Governor to the Board of Disbursement by yeas, 39; days, 7.
ROADS AND HIGHWAYS.
The Senate resumed the consideration of Mr. Benz's bill [S. 9].
Mr. BENZ [the Special Committee thereon] returned his bill with the amendments as instructed by the Senate [Mr. Henry's substitute motion]
The report was concurred in.
Mr. WILLARD demanded the previous question.
The Senate seconded the demand and under the operation of the previous question the bill was passed by yeas. 39: nays, 8, with a new title proposed by Mr. Henry.
And then the Senate adjourned.
