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

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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.

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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.

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