THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Feb. 20, 1883-9 a. m.On motion by Mr. YANCEY the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
The bill [H. R. 66] to legalize the incorporation of the town of Syracuse, Kosciusko County, and to legalize' each and every official act of the Board of Trustees of said town, coming up in regular order, it was read the first time.
On motion by Mr. SAYRE the Constitutional restriction was dispensed with-yeas, 36; nays, 0 and the bill was read the second time by title only, the third time by sections, and finally passed the Senate-yeas, 38; nays, 1.
A similar bill [H. R. 67] affecting Silver Lake, Koscuisko County, took tne same course, and was finally passed by yeas, 39; nays, 2.
FLOOD SUFFERS.
Mr. SPANN moved that the Constitutional rule be dispensed with in order that the bill [H. R. 419] to appropriate $100,000 for the relief of sufferers by the floods on the Ohio, Wabash and White Rivers may be read the first time by sections, the second time by title, the third time by sections and put on its passage.
The motion was rejected by yeas, 20; nays, '<;3. Pending the roll call-
Mr. DUNCAN, when his name was called, said he had just returned from Jeffersonville, New Albany, Madison, Aurora and Lawrenceburg, but as the other members of the Committee had not returned, he thought it but just they have time to report to the Senate that it may vote intelligently on this subject. There is yet unexpended $25,000 of the $40,000 appropriated, and it will take some time to use that up. So he voted "no."
Mr. HOWARD, in explanation of his vote said because of the misery he knew was existing among these sufferers, and $40,000 is insufficient to relieve the distress, voted "aye.'
Mr. VOYLES when his name was called, said: When I know that the people are in distress owing to the great disaster brought upon them by unexpected floods, and when I know I have a right to do any act for their relief, I am willing to do it promptly, without luggling over forms and questionable delay. I vote "aye."
So the rules were not suspended.
By consent the bill was read the first time and referred to the Committee on Finance.
STOCK RUNNING AT LARGE.
Mr. ADKISON called up his notice given Friday to reconsider the vote by which Mr. Yancey's bill [S. 62] was rejected to prevent the running at large of stock, was rejected.
Mr. HENRY Insisted if there ever was a time- when such a bill should be passed it is now when so many fences have been swept away by the recent floods The present law has been found wholly insufficient. The running at large of stock ought not to be allowed.
Mr. LOCKRIDGE also hoped the bin will pass. There never was a time when such legislation 1s- more needed than the present. Being at home over Sunday the people with whom he talked: were universally demanding such a measure. In many cases no fences have been left and there not sufficient timber to replace them. The statistics of 1880 show the fencing in. Indiana alone would reach fourteen and one-half times around the world, and the rail fence in Allen County would reach nine times around the State. The value of stock in this State is $104,658 260, or over $l2,000,000 less than the estimated value of fencing. This will be a big question in the near future: if about one-fourth or one eighth the amount of fencing will keep stock up.
Mr. MAY trusted the bill would not pass It is not consistent in Senators to vote for $100,000 to be given to sufferers in the Southern part of the State one minute and then vote for the passage of this bill the next. Simply say to the people along the Ohio River, "you shall fence in your stock," thus making a pasture monopoly for land owners and consign poor people to suffer by taking from them the main stay of their subsistance-their cows. He remonstrated against the passage of this bill, especially at this time.
Mr. DAVIDSON said if this bill does not consume a good deal of time it is worthy of careful consideration. He opposed any measure that has a tendency to make neighbors fallout with each other and quarrel, and that is what the present page: 226[View Page 226] law for enclosing stock does whenever it is enforced. He would prefer to furnish pasture for the poor man who works for him, than to keep all his land fenced in. Then when cows are kept in pasture the owner can find them, otherwise they stray off four or five miles, and will not give as good milk or as much of it as if they had a pasture to run in. He favored the passage of this bill.
Mr. ADKISON explained he made the motion to reconsider at the request of the author of the bill, and having voted against it twice before would do so again.
Mr. VOYLES insisted this bill would work a hardship in some portions of the State. The present law on this subject is right-it is in effect to make a local option on this subject. A petition to the Commissioners will certainly reflect the will of the people in the locality, and the County Commissioners will undoubtedly reflect that will.
The bill failed to pass by yeas, 21; nays. 22.
EXPUNGING A PROTEST.
Agreeable to notice given yesterday-
Mr. SPANN moved to expunge from the journal of yesterday the protest thereon against the recess to allow time for the Legislative visit to Logansport.
Mr. BELL made an ineffectual motion that the motion to expunge be laid on the table-yeas, 19; nays, 28.
The motion to expunge was agreed to by yeas, 28; nays, 20.
On motion, by Mr. BROWN the bill [H. R. 381] to fix times of holding Courts in the Forty-second Judicial Circuit-affecting the Counties of Washington and Jackson-was read the first time and referred to the Senators representing the two Counties.
AN ADDITIONAL INSANE ASYLUM.
On motion by Mr. BUNDY the Senate proceeded to the consideration of the special order, being Mr. Rahm's bill [S. 87] for the location of a new Insane Asylum, and he moved to amend the report of the Committee which proposes to locate a second Asylum at Fort Wayne, by striking out the amendments recommended by the Committee so as to leave the bill as originally introduced. The cities of Elkhart, Richmond, Logansport, South Bend, and probably Peru, will or have made application; the necessity being so great for a location of at least one Asylum, in justice to the people of Evansville their bill should go through on its merits. After the location is made there a bill for a location north can be introduced.
Mr. FOULKE offered a substitute for the amendment to the report of the Committee so as to provide for three new Insane Asylums, to be located at Evansville, Richmond and Logansport. He declared the first duty of the State is to make adequate provision for the insane-and it ought to be immediate. The uniform result has been shown to be better for these helpless beings where they are not brought together in large numbers-300 or 400 at most are as large a number as should be put in one Asylum. We should provide for the accommodation of at least 1,000 more patients in Insane Asylums. He would guarantee them proper treatment as well at Richmond as at any point in the State. It is, among cities corresponding in size, the third in raying the least death rate among all others in the United States. It is wise policy to scatter the State institutions somewhat. Richmond has never yet been favored in this way, and is now willing, by its City Council, to appropriate $25,000 to secure the location of one of these Asylums there.
Mr. CAMPBELL offered a substitute providing for a Commission to consist of the Governor, Lieutenant Governor, Secretary and Auditor of State and Superintendent of the Insane Asylum to select a location for each of the Asylums, and that the bill be referred to a Special Committee to so amend the bill as proposed.
Mr. VOYLES favored this substitute as the only way to harmonize this matter. It is an easy way to get out of a dilemma; and a Commission may be better able to make a proper election than the General Assembly. He hoped the Senate will send this bill to a Special Committee with instructions similar to that last proposed.
Mr. HILLIGASS also favored the proposition of the Senator from St. Joseph [Mr. Campbell], venturing the assertion there were not less than 100 lobbies seeking the location of these Asylums. He opposed entertaining any pecuniary proposition from any locality for the location of such Asylums. They ought to be spurned and locations made where easy of access and for the health and comfort of these unfortunate people. He was unwilling to favor any but the cottage system. Those bereft of reason should have plenty of daylight, fresh air and sunshine.
Mr. BELL, fearing the building of any Asylum would be endangered, which would be a public calamity, moved to refer the bill to a Special Committee, to report at 2 o'clock, said Committee to consist of Senators Voyles, Campbell, Magee, Rahm, White, Foulke and Bell.
Mr. BROWN has been importuned by his constituents to put in a claim for one of the cities he represents as a location for one of these Asylums, but at the risk of displeasing them he would not endanger the passage of this bill by doing so, although his city is unsurpassed in many advantages by any other location named. This bill had better be passed than to get in a quarrel over locations. Let not this enterprise be imperiled by the tacking onto it a location for any other place, but stand by the original proposition to build one at Evansville.
Mr. MAGEE stated that in sixty days the building at Logansport can be ready for the reception of 300 patients, and if a speedy accommodation of these unfortunates be indeed desired, the Logansport proposition should be accepted at once.
Mr. WHITE opposed the substitute by the Senator from Wayne [Mr. Foulke] because in the northern part of the State there are several cities combining all the advantages of Richmond. No city in the Union, for healthfulness, excels the city of Elkhart. And as far as brick are concerned, no city can furnish as cheap and as good a quality. Then Elkhart will subscribe any reasonable sum of money to secure the location. The northern part of the State is entitled to a State building, and he pressed the claim of the city of Elkhart, which will do as much or more than any city of its size in the State.
Mr. RISTINE referred to a bill providing for Commissioners to be appointed by the Governor to locate a place in the northern and in the southern part of the State which claims his preference, but he was willing to favor the motion to refer to the Select Committee proposed by the Senator from Allen and Whitley [Mr. Bell.]
Mr. BELL feared if this discussion is kept up no location will be made this session. He favored his motion for the consideration of the bill by the Select Committee named in his motion. He believed the Committee could agree on a location in the northern part of the State.
Mr. HENRY favored passing the original bill as introduced. He opposed the tacking on a good bill something not conceded by all as a good measure. He favored making ample provision for the afflicted of the State.
Mr. ADKISON repelled the assumption that there are few who will vote again t a location at Evansville, and believed the first consideration should be as to the health of the location, the second drainage, and the third facilities for reaching the place. He favored an untrammelled Commission to select the location. Peru is the most central point in Northern Indiana, yet no body there seeking the location there. It immediate provision for the insane is desired Logansport is ahead of any other location. He opposed the appointment of a Commission.
page: 227[View Page 227]Mr. WILLARD finds this Senate is but repeating the history often years ago. In 1872 there as introduced a bill for the erection of a Hospital for the incurably insane, which failed to puss after a 100 days session. In the closing days of this session we find ourselves in a similar position. It we are to give relief to a class which has suffered more and suffered longer that any other, we should strip the bill of all but the provisions embraced in it when originally introduced. Only eight or nine days of the working days of this session are left and it should be passed at once. The greatest demand of the State is for the building of an Asylum at once.
Mr FOULKE said that is the very reason he favored the reference of this bill to the Select Committee representing these different interests. He believed such action would facilitate the passage of the bill.
Mr. BROWN moved to add to the motion [Mr. Bell's] that Evansville be selected by said Committee as one of the locations.
Mr. MAGEE believed the sense of the General Assembly that two Insane Asylums shall be built. If the Senate will vote for Evansville simply because a lobby has been here from the beginning of the session urging her claims, he objected. He favored the motion without the addition.
AFTERNOON SESSION.
Mr. JOHNSON, for the Select Committee on Prison Labor, submitted a report (which was, without being read, ordered printed), accompanied by a bill [S. 284] to abolish contracts for convict labor, and regulating the employment of convicts of our State Prisons and Reformatory Schools. The bill was read the first time. He made an ineffectual motion-yeas, 22, nays, 21-that the bill be made a special order for Friday at 2 o'clock.
CHANGE OF RULES.
Mr. VOYLES, as a privileged question, called up his motion, notice of which was given yesterday, to change the rule 54 so that the daily order of business shall be suspended upon a majority vote instead of a two thirds vote as now.
Mr. SPANN raised the point of order that this question can not be called up as a privileged question.
The LIEUTENANT GOVERNOR believed that such a motion can be called up at any time.
By consent the Senate returned to the consideration of the subjection pending at the noon recess.
NEW INSANE ASYLUM.
Mr. Brown withdrew his amendment pending at the noon recess.
Mr. BUNDY moved to refer the bill to a Special Committee of Six to be appointed by the Chair, with instructions to selection Evansville as one of the points, and that the Committee amend the bill so as to provide for an additional Asylum, the location to be left blank.
Mr. GRAHAM questioned the advisability of the Legislature traveling around to hunt up a location for any public building. The arguments are all against a location at Evansville, and he opposed such a location. The bill allowed the transportation to Evansville from all parts of the State. That is away down in the pocket on the Ohio River, a distance of 182 from here, the center of the State, and 320 miles from the north-east corner of the State. The Committee suggested by the Senator from Allen and Whitley [Mr. Bell] is a proper one and he desired that Committee should be untrammeled by instructions. He hoped it would thoroughly canvass all the places mentioned in connection with a location for the new Asylums.
Mr. VAN VORHIS also thought the Committee should not be instructed for Evansville-all locations should be considered together. He favored making provision now for the entire insane of the State. There is more interest manifested in securing locations than in the people who are to occupy the buildings when erected. The proposition of the Senator from St. Joseph [Mr. Campbell] is the wisest one yet advanced. He favored any number of Asylums required to take care of the insane of the State. It is well understood that it is not for the best interest of the insane people to mass them together-the literature on this question is full of good suggestions not mentioned in this discussion.
He thought there should be four or six different locations, putting probably not more than $100,000 at each location. There is no question but that the cottage plan should be adopted.
Mr. BUNDY withdrew his substitute, and offered in lieu an amendment, by providing that the Committee shall be appointed by the Chair.
Mr. CAMPBELL opposed the motion to change the composition of the Committee-thinking it best to have a Committee of those whose localities desire the Asylums.
Mr. RHAM objected from the start to any amendment to his bill. He replied to objections to locating the Asylum at Evansville, which lies on the Ohio River which skirts the borders of this State for some 350 miles, and a person can travel that entire distance on one of the Ohio River floating palaces for the sum of $5. Vanderburg County has formed no combination in this matter. He desired the Northern portion of the State compromise the differences. He introduced his bill the 12th of January and no other city in the Southern part of the State has applied for the location. Provisions and living are cheaper there than elsewhere in the State; for instance, coal is delivered for 90 cents a ton.
Mr. MARVIN did not like to see so little attention paid to the Committee report. He thought the General Assembly should select the location, and not trust that duty to a rambling Commission. These Asylums should be built immediately. Evansville is the next largest city in the State and Ft. Wayne comes next to Evansville, and he thought it to be to the interest of the State to locate these Institutions near the large cities.
Mr. FLETCHER took himself somewhat the credit of suggesting to the Senate Committee the idea of building Asylums throughout the State instead of massing the insane in one Institution as in Indianapolis-making a mass of insane humanity more calculated to breed insanity than to cure it. The sentiment of Superintendents of Insane Asylums throughout Europe is against the American plan, which is continued through the influence of the Superintendents who are personally interested in keeping the Asylums very large. We need a great deal of laid and a great many smaller Asylums-not gaudy with outside decorations and whited sepulchres within. Many of them he feared would be found very black. It is a shame to take insane persons from their families a long distance, and is more calculated to create permanent insanity than to bring relief. He favored the establishment of Asylums near the large centers of population, which shall have the appearance and comforts of homes. The things constantly going on within the wall of large Institutions no one man can possibly know. No doubt there are men confined in such Insane Asylums who are as sane as any man on this floor. Small Asylums will prove far more efficacious in preventing persons from being sent to these Asylums who are not insane. He opposed the motion for a Commission to locate these Asylums, but hoped this General Assembly as in duty bound, would carry the plan out of building many-seven or eight or ten if necessary-commencing at Evansville next Fort Wayne, as being accessable places and the centers of population.
Mr. MAGEE demanded the previous question which was seconded by the Senate and -
page: 228[View Page 228]Under its operations the mot on [Mr. Bundy's] was rejected by yeas, 8; nays, 39.
The motion to refer to the Special Committee named by Mr. Bell was agreed to by yeas, 28; nays, 13.
Mr. BELL asked and obtained leave for the Committee to retire for consultation, and Mr. Fletcher was added to the Committee by unanimous consent.
The bill [H. R. 74] to amend Section 409 of the Revised Statutes of 1881-concerning trials-the civil procedure act was read the first time.
Mr. Van Vorhis called up the special order, the consideration of the bill [--] for the relief of Theresa and Charles Bachtel, the question being on concurrence in the minority report recommending indefinite postponement of the bill.
The report was rejected and the majority report recommending an allowance of $1,000 was concurred in and the claim was reported to the Committee for insertion in the specific appropriation bill.
INSANE ASYLUM.
On motion by Mr. Marvin the bill [H. R. 27] to make appropriations for the completion, construction and furnishing of the department for women of the Insane Hospital was read the second and third times under a suspension of the constitutional rule-yeas, 39; nays, 0-and passed the Senate by yeas, 36; nays, 0.
TOWN ELECTION PRECINCTS.
The bill [H. R. 5] concerning town elections [but one voting place in towns unless the Trustees decide otherwise] was read the first time.
On motion by Mr. McCULLOUGH the Constitutional rule was suspended by yeas 36; nays, 0; the bill read the second time by title, the third time by sections and passed by yeas, 35; nays, 1.
INDIANAPOLIS RECORDER'S INDEXES.
On motion of Mr. Van Vorhis the Constitutional rule was set aside and his bill [S. 244] to legalize certain records in the office of Town Recorder in all cities of 50,000 and over by the last census, was read under a suspension of the rule the second and third times and passed by yeas, 36; nays, 1.
HOUSE BILLS READ THE FIRST TIME.
The bill [H. R. 27] to legalize the acknowledgment and recording it or certain instruments of writing, the bill [H. R. 10] to amend Section 196 of an act concerning proceedings in criminal cases, the bill [H. R. 15] concerning the use of fire arms, were severally read the first time.
LEGALIZING BILLS PASSED.
The bill [H. R. 22] to equalize the tax assessment of Winchester, Randolph County, was read three times under a dispensation and passed the Senate by yeas 36; nays, 1.
On motion by Mr. MACARTNEY his bill [S. 34] to legalize the incorporation of Angola, Steuben County, was passed to its final reading and passed the Senate by yeas, 34; nays, 1.
On motion by Mr. Ristine his bill [S. 105] to legalize the incorporation of Waynetown, Montgomery County, was pressed to the second and third reading and passed by yeas 42; nays, 1.
On motion by Mr. BENZ his bill [S. 200] to revive the act of May 14, 1860, for the assessment of lands for the benefit of certain roads, was read the second lime.
On motion by Mr. HILLIGASS the bill [H. R. 413] for the relief of Weems Heagy, an ex Treasurer of Madison County, and the sureties upon his bond, was read the three times under a suspension of the Constitutional rules, and passed the Senate by yeas, 41; nays, 3.
Mr. Henry, speaking for the people of his County, said they all desired its passage.
Ana then the Senate adjourned.
