Skip to Content
Indiana University

Search Options


View Options


Table of Contents



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

HOUSE OF REPRESENTATIVES

TUESDAY, Feb. 20,1883-9 a. m.

The session was opened with prayer by Representative Brazelton, of Jennings County.

On motion by Mr. Gordon the reading of the journal was dispensed with.

NEW PROPOSITIONS.

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

By Mr. CHANDLER [H. R. 430] to repeal Section 12 of an act to require macadamized, gravel and other road companies to record certain statements.

By Mr. MAUCK [H. R. 431] to repeal Sections 8 and 9 of an act-being Sections 4,868 and 4,888 of the Revised Statutes of 1881-concerning elections and their contest.

By Mr. DEEM [H. R. 432] to amend Sections 4, 5, 6 and 7-being Sections 5,115 to 5,118 inclusive of the Revised statutes of 1881-to legalize and license the sale of intoxicating liquors.

By Mr. DEEM [H R.i33] to amend Section 18 of an act concerning landlords and their tenants, being Section 5,235 of the Revised Statutes of 1881.

By Mr. ROBERTSON [H. R. 434] to suspend Section 1 of an act-being Section 2,636 of the Revised Statutes of 1881-to restrain stock from running at large, etc.

By Mr. WILSON, of Kosciusko [H. R. 435] to provide for a Hospital and Asylum for the incurably insane persons of the State be build on suitable grounds near the city of Indianapolis. [Adjacent to the present Asylum-to be large enough to accommodate 1,000 patients]

By Mr. McCLELLAND, by request, [H. R. 436] a bill for the relief of Isaac Brahann and Johnathan Walrey, sureties on the bond of James Ragsdale.

By Mr. McCLELLAND [H. R. 437] to legalize and license the sale of intoxicating liquors.

By Mr. SHAFFER [H. R. 438] to amend Section 8 of an act concerning taxation, approved April 29, 1881-being Section 6,276 of the Revised Statutes of 1881.

By Mr. HOWLAND, of Marion, [H. R. 439] to legalize certain records in the County Recorder's office, and to provide for the continuation of the records.

By Mr. W1LSON, of Marion, [H. R. 440] to appropriate money-$50,000-for the erection of additional building at the Asylum for the Deaf and Dumb.

By Mr. GORDON [H. R 441] to amend Section 1 of an act to amend Sections 13 and 14 of an act regarding the qualification of Justices of the Peace.

By Mr. SHOCKNEY [H. R. 442] to amend Section 12, being Section 4,283 of the Revised Statutes, of an act concerning drainage.

By Mr. KENNEDY [H. R. 443] to amend Section 18 of an act regulating descents and apportionment of estates, being Section 2,484 of the Revised Statutes.

By Mr. FRAZER [H. B. 444] to authorise County Boards of Health to procure vaccine matter for the purpose of vaccination.

By Mr. MUTZ [H. R. 445] to provide for the election of three additional members, from the District in which Indianapolis is situated, to the State Board of Agriculture.

By Mr. STEVENSON [H. R. 446] to provide for the removal and relocation of public highways situated on the banks of rivers and other streams, where the same are made dangerous by overflow or washing out by [?] streams.

By Mr. STEVENSON [H. R. 447] concerning County Surveyors.

By HENDERSON [H. R. 448] to give security to persons doing work on bridges, trestle works or grading of railroads.

By Mr. BEST [H. R. 449] to amend Section 291 of page: 229[View Page 229] an act concerning proceedings in civil cases, being Section 423 of the Revised Statutes.

By Mr. BEST, by request, [H. R. 450] to amend Section 8 of an act creating State Board of Health, being Section 4,994 of the Revised Statutes of 1881.

By Mr. SMITH, of Tippecanoe, [H. R. 451] to provide for the more profitable and equitable hiring out of convicts.

By Mr. CAMPBELL [H. R. 452] to facilitate detection and arrest of escaped prisoners.

By Mr. SHIVELY [H. R. 453] to provide for the relief of Edwin Kendell and Matilda Hall.

By Mr. WILEY [H. R. 454] to amend Sections 4,274, 4,276, 4,277 and 4,279 of the Revised Statutes of 1881, concerning drainage.

By Mr. WILEY by request, [H. R. 455] to amend Section 2 to regulate foreign Insurance Companies doing business in this State.

Pending the order for introduction of bills-

On motion by Mr. PATTEN the bill [S. 207] to define the Thirty-first and Forty-fourth Judicial Circuits [Lake and Porter the Thirty-first, and Pulaski and Starke the Forty-fourth Judicial Circuit] was read the third time and passed by yeas, 74; nays, 8.

PROHIBITORY AMENDMENT.

Mr. Huston's joint resolution agreeing to and adopting an amendment to the Constitution proposed by the last General Assembly, by adding thereto Article 17, forever prohibiting the manufacture, sale or keeping for sale in this State spiritous, vinous, malt liquors or any other intoxicating liquors, except for medical, scientific, mechanical and wines for sacramental purposes, was read the second time and ordered engrossed on the third reading.

A motion by Mr. HEFFREN to suspend the Constitutional rules and read the bill [S. 6] to provide for the appointment of Supervisors of highways and prescribing their duties, the second time by title only, failed for want of a Constitutional majority-yeas, 66; nays, 22.

On a recount, subsequently, the motion was agreed to by yeas, 68, nays 25.

Accordingly the bill was read the second time by title only and referred to the Committee on Roads.

On motion by Mr. Mellett the bill [H. R. 412] to provide for regents for the State University was read the second time and referred to the Committee on Education.

WOMAN SUFFRAGE.

Mr. HANSON introduced a joint resolution agreeing to and adopting an amendment to the Constitution proposed by the Fifty-second General Assembly [as amendment No. 4] to amend Section 2 of Article 2 of the Constitution so as to grant the right of suffrage to all citizens of twenty-one years of age, which was read the first time.

AMENDMENTS TO THE CONSTITUTION.

Mr. SHIVELY introduced a joint resolution agreeing to and adopting an amendment to the Constitution, proposed by the last General Assembly [as amendment No. 2] to amend Section 1 of Article 6 so there shall be elected by the voters of the State a Secretary, Auditor and Treasurer of State, who shall severally hold their offices for four years; no person being eligible to either of said offices more than one term of four years in any period of eight years, which was read the first time.

Mr. Best introduced a joint resolution agreeing to and adopting a joint resolution, proposed by the last General Assembly [known as amendment No. 3] by proposing an amendment to Section 2 Article 6 of the Constitution, so as to elect County Clerks, Auditors, Recorders, Treasurer, Sheriff, Coronor and Surveyors, who shall severally hold their office for a period of four years, and no person shall be eligible to either of said offices for more than four years in any period of eight years, was read the first time.

Mr. JEWETT made an ineffectual motion to suspend the Constitutional restriction, that these three resolutions be read a second time and ordered engrossed for the third reading. The vote resulting in each case yeas, 58; nays, 38.

CONVICT LABOR.

Mr. SCHLOSS offered the following resolution:

Whereas, The plan of the State id letting convict labor at low rates has effect to decrease the wages of honest labor, and consequently diminishes the ability to educate their children and provide for those depending upon them; and,

Whereas. The present system of employing convict labor comes in conflict with the rights and interest of honest citizens who have devoted years of toil to become skilled workmen, and thus enable them to add to the revenue and welfare of thin State therefore

Resolved, That we regard the letting of convict labor at too low rates not only a great personal injustice to honest labor but a damage to the best interest of the State, and consequently should be discontinued; and,

Resolved. That a Special Committee of Five be appointed to whom the subj ct shall be referred with instructions to suggest some remedy for the present system of employing convict labor.

The resolution was adopted, and the Speaker subsequently made the Committee to consist of Messrs, Schloss, Gibson, Wilson of Marion, Smith of Tippecanoe, Mering.

AFTERNOON SESSION.

Mr. HELMS offered the following resolution:

Whereas, The late freshets have swept away all the fencing along the principal streams throughout the State of Indiana; and,

Whereas, Many of the farmers are not financially able to repair their fencing in time to plant and save their crops; therefore

Be it resolved, That a Committee of five members of this House be appointed by the Speaker to draft a bill to temporarily prevent stock from running at large along and adjacent to all such streams and present the same to this House for its action.

Mr. GIBSON and Mr. PATTEN heartily second the resolution, which was adopted, and the Speaker made the Committee to consist of Messrs. Helms, Robertson, Patten, McMullen and Shively.

Mr. CABBAGE offered a resolution which was agreed to, instructing the Judiciary Committee to inquire into the matter of the equalization of taxes.

NEW PROPOSITIONS.

By Mr. HEFFREN [H. R. 456] to legalize the appointment of special Judges and the special acts in special cases.

By Mr. HEFFREN [H. R. 457] to allow a bounty for the planting of yellow willow along the streams of Indiana, a protection against floods.

By Mr. KIRKPATRICK [H. R. 458] to provide for the feeds and salaries of a County Treasurers in the State of Indiana.

By Mr. WHITSIT, by request, [H. R. 459] to provide for the fees and salaries of County Treasurers.

By Mr. WHITSIT, by request, a resolution instructing our Senators and requesting our Representatives in Congress to use their influence for the passage of a bill increasing the pension of one-armed and one-legged soldiers.

ASYLUM FOR THE FEEBLE MINDED.

The bill [S. 102] for the reorganization of said Institution was reported back from the Committee on Benevolent Institutions, with a recommendation that the bill pass.

Mr. HEFFREN moved that the bill be read the third time and put upon its passage.

Mr. DEEM moved to recommit the bill with instructions to amend the bill as to read, "Soldiers' page: 230[View Page 230]Orphans' Home and Asylum for Feeble Minded Children, and to make the Trustees Trustees of the Soldiers' Orphans' Home, with supervision over the Asylum, and further to make the annual salary of the Trustees two hundred dollars instead of five hundred as provided in the bill.

The motion was laid on the table by yeas, 57; nays, 39.

Mr. WILSON, of Kosciusko, moved that the further consideration of the bill be indefinitely postponed.

On motion by Mr. HEFFREN the motion to postpone was laid on the table by yeas, 53; nays 41.

Mr, HEFFREN moved the previous question, which was seconded by the House, and under the operations thereof the bill was read the third time and passed the House by yeas, 56; nays, 37.

Mr. HEFFREN moved to reconsider the vote on the passage of the bill and lay that motion on the table, which latter motion was agreed to by yeas, 55; nays, 40.

THE STATE UNIVERSITY.

Mr. GRAHAM called for the special order, being his bill [H. R. 256] to provide a fund for the permanent endowment of the State University, and it was read the third time.

Mr. GILMAN hoped the bill would not pass the House. He was not in favor of taking the people of the whole State to endow an Institution that does not benefit more than 30 per cent of the people of the Stale.

Mr. GORDON said: Before the members vote upon this it would be proper to pause a moment and consider the magnitude of this question. This bill ought not to pass, for it is not in the interest of the general educational interests of the State. An appropriation of $90,000 annually for twelve years would be equivalent to taking a fund that would run the Common Schools of the State for three months. It is wrong in principle to appropriate this money. It is not for the benefit of the people of the entire State, and his tax should not be collected from the people of the whole State.

Mr. Wilson, of Kosciusko, hoped this bill will not pass, and in opposing it trusted no one will change him with not having proper respect for our educational interests, the provision of this bill for the endowment of this University are not such as he could support. There are thousands of people all over this State who are in debt for their homes and it would not be good financiering for us to attempt to raise this appropriation by taxing these people, who are already paying from 6 to 8 per cent. on their indebtedness.

Mr. MONTGOMERY hoped this bill will pass. As has been stated, her education interests are the pride of the State of Indiana. It would be prudent for us to vote this money for the permanent endowment of this Institution. One per cent on the $100 is a very small tax, and it would be expedient for us as the Legislature assembled here to vote this appropriation, that this Institution may be made a permanent Institution.

Mr. McMULLEN did not desire to detain the House long, but it appeared to him that this bill should pass. He thought no member would say that Indiana ought not to have a permanent University, one that will be the pride of the State. We must do as other States have done. We must profit by their example. He desired to tale to the gentleman from Putnam [Mr Gordon] that the tax for the coming year is not to be increased one cent by the provisions of this bill.

Mr. STUCKER opposed the passage of the bill.

Mr. MELLETT said: I am in favor of the passage of this bill. I can say for one that when I believes a measure is right, and that it is just, and that it is for the best interest of the State, that I can not refuse to support it, because I must meet my constituents hereafter. I believe that this measure is in the best interests and welfare of the State, and for this reason I am in favor of it. I think the time has come when the people of this State should be willing to endow this Institution.

Mr. K ESTER thought that if it is right to maintain this Institution it should be done in a credit table manner. He did not apprehend that this bill would cripple or influence the Common School Interests of the State in the least. He hoped that the bill would pass.

Mr MOODY spoke in favor of the bill.

Mr JEWETT moved the previous question, which was seconded by the House, and under the operations thereof-

The bill was rejected by yeas, 44; nays, 47.

HOUSE BILLS READ THE SECOND TIME

and ordered engrossed for the third reading, viz.:

Mr. Frazer's bill [H. R. 68] to amend Section 97 of the Common School law, and [H. R. 69] to legalize the sale of certain lands.

Mr Spain's [HR 116] to amend Sections 216 and 217 of the act concerning public offenses.

Mr Shockney's [H. R. 155] to authorize the purchase of fireproof safes for County offices.

Mr. Shiveley's [411] concerning foreign Insurance Companies.

Mr. Montgomery's [415] concerning the distribution of property purchased of husband or wife.

Mr -'s [H. R. 416] to authorize the State Librarian to purchase legislative laws and journals.

Mr. Tuley's [H. R. 417] to legalize the recording of plots of land and lots.

Mr. Carr'y [H. R. 418] to legalize the incorporation of the town of Cherubusco, Whitley County.

The Judiciary Committee's bill [H. R. 420] to provide means for the erection of the new State House.

THE KANKAKEE RIVER.

Mr. HOLLER offered a resolution that the House grant ten minutes to Professor Campbell in which to explain his map of the survey of the Kankakee River.

On motion by Mr. FRAZER the resolution was amended by providing that time be given immediately after adjournment of the House.

The resolution as amended was adopted.

The House then adjourned.

previous
next