THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Feb. 23, 1883-9 a. m.The reading of the minutes was dispensed with.
On motion by Mr. VAN VORHIS the joint resolution [S. -] to pay $10,000 to the widow of Edwin May, late architect of the new State House, was taken up-yeas, 26; nays, 13-and read the second time.
Mr. McCULLOUGH moved to reduce the sum to $3,000. There is no law, equity or common honesty in this resolution as it stands.
Mr. HENRY contended the claim was just, because the widow lost her interest in her home by reason of mortgage put upon it in order to enable Mr. May to carry out his contract with the State.
Mr. MAGEE repelled any insinuation of improper motives influencing the Committee.
Mr. VOYLES, while not willing to recognize that the claim should be more than $800, was willing to vote for the amendment out of a spirit of compromise.
Mr. SPANN and Mr. BELL favored the passage of the resolution.
Mr. HILLIGASS said it is not clear that the claim is equitable. Six thousand dollars was paid this architect by the State for those plans, and in addition near $3,000 for two years' superintendence of the work. He was willing to compromise on as much as $5,000.
Mr. VAN VORHIS demanded the previous question.
The Senate seconded the demand, and under the operations of the previous question the amendment to reduce the sum to $3,000 was rejected by yeas, 17; nays, 25. The joint resolution was ordered engrossed.
ROADS AND HIGHWAYS.
A message from the House requesting the appointment of a Conference Committee on the road and highway bills S. 9 and H. R. 48, was taken up, agreed to, and Messrs. Voyles and Henry appointed as the Committee on the part of the Senate-Representatives Gordon, Robinson and Fleece being the Committee on the part of the House.
On motion of Mr. BUNDY the House amendment to his bill [S. 192] to legalize the town of Cadiz, Henry County, was concurred in.
Mr. BICHOWSKY introduced a bill [S. 287] to declare exempt from taxation certain sums of money, choses in action held by executors devised to benevolent or charitable, or scientific or literary associations which, under a suspension of the Constitutional rule, by a two-thirds vote, was read twice by title, once by sections, and passed the Senate by yeas, 42; nays, 0.
On motion by Mr. WILLARD the bill [H. R. 51] to provide for the taxation of dogs, was read the first time and referred.
THE RECENT DOORKEEPER
Mr. HOWARD offered a resolution that Vincent P. Kirk, late Doorkeeper of the Senate, be and is hereby exonerated from all charges of unofficial conduct while in the service of the Senate, which with the preamble, was read for information.
Mr. DUNCAN objected to its introduction.
On motion by Mr. HOWARD-yeas, 26; nays, 15-the rules were suspended for its consideration.
Mr. VAN VORHIS moved to strike out the preamble.
This motion was agreed to.
The resolution was adopted.
Mr. HOWARD had a resolution read for information, declaring that
whereas the Secretary of the Senate and Doorkeeper of the Senate have failed to do their duty, and have showed great inefficiency therein; therefore.
Resolved, That said offices be declared vacant and that Cyrus T. Nixon be declared Secretary, and Vincent P. Kirk declared Doorkeeper of the Senate.
He moved that the rules be suspended that the resolution may be considered now.
The motion was agreed to by yeas, 25; nays, 22.
Mr. HOWARD moved the adoption of the resolution and demanded the previous question.
Mr. BROWN made an ineffectual motion-yeas, 22; nays 25-to lay the resolution on the table.
Mr. WILLARD moved to adjourn.
The LIEUTENANT GOVERNOR decided the motion out of order.
Mr. WILLARD appealed from this decision before the demand for the previous question is seconded-signed by himself and Mr. May.
page: 244[View Page 244]On motion by Mr. YANCEY-yeas, 25; nays,22-the appeal was laid on the table.
The previous question was seconded by yeas, 25; nays, 22, and he main question was ordered by yeas, 25; nays, 23.
Mr. BELL demanded a division of the question.
The first part of the resolution declaring the office of Secretary of the Senate vacant was agreed to by yeas, 25; nays, 23.
The Lieutenant Governor in announcing the vote directed the Assistant Secretary to call the roll on the second division, declaring the office of Doorkeeper vacant.
This division of the question was agreed to by yeas, 25; nays, 23.
The next division of the resolution, that Cyrus T. Nixon be and is hereby declared Secretary of the Senate, was agreed to by yeas, 25; and nays, 23, as follows:
Ayes-Messrs. Adkison, Bischowski, Bundy, Campbell, Davidson, Fleming, Foulke, Graham, Henry, Hill, Howard, Keiser, Lockridge, Lindley, Macartney, Marvin, Overstreet, Ristine, Sayre, Smith of Delaware, Spann, Van Vorhis, White, Yancey, Youche-25.
Nays-Messrs. Bell, Benz, Brown, Compton, Duncan, Ernest, Faulkner, Fletcher, Hilligass, Hoover, Hutchinson, Johnston, Johnson, Magee, May, McClure, McCulloch, McIntosh, Null, Richardson, Smith of Jay, Voyles and Willard-23.
The LIEUTENANT GOVERNOR declared Mr. Nixon elected as Principal Secretary of the Senate.
Mr. Nixon took the oath of office as Principal Secretary of the Senate at the hands of Hon. Daniel Waite Howe, one of the Judges of the Supreme Court.
The last clause of the resolution that Vincent Kirk be declared Doorkeeper was agreed to by yeas, 25; nays, 23, the roll being called by Principal Clerk Nixon.
The LIEUTENANT GOVERNOR declared Vincent Kirk elected Doorkeeper of the Senate and called Mr. Kirk to stand at the Bar of the Senate and be sworn into office.
Mr. BELL raised the point of order that Mr. Kirk had been sworn once.
The Lieutenant Governor: "And he has been swearing ever since." [Laughter]
Mr. Kirk received the oath of office at the hands of Judge Howe.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. GRAHAM moved to suspend the order of business that he may introduce a resolution for the appointment of a Committee of Five to proceed forthwith to examine the State Treasury, to investigate the condition of all funds with which the State Treasurer is charged, to ascertain if any of the public funds have been loaned in violation of law, the sum and security for such loan, and report the examination to the Senate at the earliest day possible. He referred to defalcations of Treasurers; in other States, and desired to prevent any such sorry experience in this State.
Mr. BROWN referred to the fact that a Republican Treasurer of State was in office when the Senate convened, and remained so until the past eight or ten days, and yet this sense of duty didn't arise on the part of the Senator from Hamilton [Mr. Graham.]
Mr. GRAHAM explained that the provocation for this resolution has come to light since the Democratic Treasurer' came into office.
Mr. Brown, resuming, was interrupted by
A MESSAGE FROM THE HOUSE.
Chief Clerk Edwins announcing to the Senate that the House has no information that the person [Mr. Cyrus T. Nixon] bringing the enclosed message is a Secretary of the Senate, and the message is therefore respectfully returned to the Senate.
Mr. BUNDY moved that a Committee of Two be appointed to inform the House of the Hon. Cyrus T. Nixon's election as Principal Secretary of the Senate.
Mr. BROWN objecting to having his remarks interrupted by the motion-
Mr. GRAHAM withdrew his resolution.
The motion for a Senate Committee was agreed to, and the Chair made it to consist of Messrs. Spann and Brown.
CROSSING OF RAILROAD.
Mr. CAMPBELL called up a special order, the bill [S. 138] concerning railroads crossing each other on a common grade, which was read the third time.
Mr. VOYLES moved to add to Section 1 a proviso that where the electric system referred to is adopted it shall not be put in unless with the consent of the Railroad Company.
It was so ordered by consent.
Mr. WILLARD would like to have them explained-it looks like a plan to get in a patent right.
Mr. FOULKE explained that the signal always set to danger. This is probably the only appliance that is in use When the train comes within about a mile of the crossing mere is an Insulated track which changes the switch by an automatic arrangement. The arrangement is such that two trains can not possibly meet each other at the crossing, and this will obviate the necessity of trains stopping at all crossings.
Mr. BROWN said this bill was similar to an Ohio law. The point is this: When a train comes within half a mile or so of a crossing it changes the switch so that were another train coming from another way and attempt to pass the crossing it would go into the ditch. This system has been adopted in the interest of preservation of life. This bill protects no inventor, but is rather an encouragement for it provides for the adoption of the best system.
Mr. BUNDY showed there is nothing mandatory about the bill. In Ohio the cost to railroads for stopping at crossings was $2,497,000 last year.
Mr. SPANN said this bill does not effect the old law, as where this protection is not adopted, the old law remains the same.
The bill passed by yeas, 36; nays 4.
CONTRACT CONVICT LABOR.
A special order being the bill [S. 281] to abolish contract convict labor, and regulating the employment of the convicts of our State Prisons, and of the inmates of our Reform Schools, as well as providing for the maintenance of said Institutions; also repealing all laws in conflict herewith, and declaring an emergency, was read the second time, as was also the bill [S. 241] for the more profitable and equitable hiring by the State of the convicts in the State Prison, and to amend Section 10 of the State Prison act-See page 167 of the Brevier Reports.
Mr. JOHNSON said:
Mr. PRESIDENT-In the report accompanying this bill which has been printed I have given most of the reasons which have induced the Committee appointed to look into the subject of Contract Prison labor to recommend its passage. There is not one Senator on this floor who does not know that the complaints about our present system of convict labor have become so general that the outcry against the wrongs inflicted by this system, both on manufacturers and workingmen, has become so loud and persistent that this General Assembly ought to heed this universal demand and apply the remedy, if it be possible to find one. Mr. President, from all parts and sections of this State petitions, signed by hundreds or thousands of legal voters, have come to this Senate and have been referred to your Special Committee for action, and all these page: 245[View Page 245] petitions demanded that this system be abolished and that the incubus thereby imposed upon the manufacturing interests and the laborers of our State should be removed. At the present time the State of Indiana, which should be guardian and protector of honest labor and free industry within its borders, is placed in the anomalous position of being their enemy and opponent by upholding and sanctioning a ruinous competition which has seriously injured these interests for years past, and must finally destroy them.
In the report accompanying the bill I have already compared the prices of Prison and free labor in various manufactures, and this comparison goes to show that the Prison labor is so much cheaper that the manufacturer employing only honest and free labor must either close his factory, because he is unable to compete with the convict labor contractor, or he must press down the wages he pays to his men to the starving point, and even then his profits will be so small and uncertain that it hardly pays him to remain in the field. Mr. President, I have the honor to represent on this floor a County where the ruinous effects of Prison labor have made themselves felt. There are hundreds of workingmen in the city of Lafayette whose hearts are throbbing with anguish and hope, and whose eyes are looking with intense expectation towards this Assembly, waiting and waiting, whether anything will be done to relieve their distress and help their wants. There are thousands of honest workingmen in my County whose wages are cut down by the unfair competition of the State, and who are on that account must not only themselves [?] little comforts of life, but must also be the sad and powerless witnesses of their wives' and childrens' misery and want, powerless to help them, powerless to furnish a comfortable home, or even the bread, fuel and clothes for their little ones! What wonder, Mr. President, if society, nay, if the State itself turns against these laboring classes and instead of protecting them, helps to cripple their resources and to reduce their income; what wonder, say, that our Prisons are filled with convicts and that honest manufacturers are compelled to suspend?
There is but one claim which the advocates of Prison labor advance, which speaks in its favor- that contract Prison labor makes the Penitentiaries self-sustaining. But, Mr. President, this claim is a spurious one. It is rather based on the appearance of a reality than on the reality itself. The Prisons would be self-sustaining if the articles and labor produced there would really create the means needed for their support and maintenance, without detracting from other industries. This is not hte case. On the contrary, the money earned by the labor of the convicts is withdrawn from the free laborers and mechanics of our State employed in similar or like factories and workshops and from their employers. If the convict labor would cease to be employed in making barrels, chairs, carriages, cigars, boots and shoes, etc., the free laborers of our State would make them at a higher rate of wages than they at present receive, and consequently, instead of being self-sustaining, Penitentiaries are sustained by the money which this unfair competition takes out of the pockets of the honest workingmen and their employers. As it is the manufacturers and laborers in the above named articles are taxed solely and exclusively for maintaining the Penitentiaries; this tax imposed upon them houses, feeds and clothes the criminal and felon, but it ruins and breaks up the manufacturers, and it drives the honest laborer into poverty and sometimes into crime. Is it possible that a great State can sanction and continue this injustice and this wrong after its legal representatives have become aware and conscious of it? Such a presumption would be an insult to the State and its Legislative branch of Government. Your Committee has been guided by these considerations in seeking and applying the remedy.
Now, Mr. President, we know that this country has established a high tariff for the sake of maintaining and protecting American manufactures and industries. By means of this tariff we sustain home manufactures. Many millions of dollars are annually paid out by the citizens of the United States on articles of every day use and wear, and there is no other reason for it than this one, that every dollar paid out in this way helps to build up and support our own manufactures. And yet, Mr. President, it is not at all certain whether the mechanics and workingmen of this country are benfited in proportion to the protection which the tariff affords. The question is now, can not the State of Indiana, in behalf of its own industries and for the sake of protecting the laborers and mechanics of our State, impose a small tax upon every citizen, such as proposed in this bill by maintaining the convicts, which compared to the immense tax imposed upon us by the protective tariff, is very small and insignificant?
Mr. President, I have no time to exhaust this subject. But it is of serious importance and of urgent necessity. Let, through me, the many thousand laborers of this State, who are to-day poorly paid and only half employed, appeal to the Senate for help and redress. So far only the vast and exhaustless resources which Providence has poured out upon us, with lavish hands, have guided this land safely through the dangers and perils of social revolutions.
But, Mr. President, with increasing population and with the aggregation of many people at certain centers of trade and industry, the danger of social revolution increases. f in the distant horizon we perceive clouds which may contain the fatal thunderbolt which may at a given moment burst upon and destroy our social and political fabric of Government, then it is our duty to guard against it and dispel that cloud. The great mass of the people, the laboring element, that healthy, industrious, economical and noble element, upon whose strengths, intelligence and virtue this Republic rests, is no danger to our institutions, but let this great and strong and powerful element also know that the State protects, helps and sustains it in all its legitimate aspirations and demands.
Mr. CAMPBELL regarded this question as especially deserving of careful and deliberate consideration. The importance and magnitude of the problem demand immediate attention from a common sense, business standpoint. The difference between this bill [S. 241] and the bill [S. 281] is that the latter proposes to abolish contract convict labor, while this bill proposes to put ablebodied convicts in honorable competition so their product will bring as high a price as their products will bring in the market.
Mr. YANCEY moved to amend the bill [S. 247] by adding a section requiring a brand with these words, "manufactured by convict labor." in justice to honesty and fair dealing, as between man and man.
Mr. CAMPBELL believed that would depreciate the products of the labor, which is directly opposite to the object of the bill.
Mr. VAN VORHIS had looked somewhat into the manner in which the Reformatory interests are managed. He favored, as between these two, the bill S. 281. If there is any vicious thing in these Institutions above another it is the custom in vogue in some of them in places of hiring a teacher to instruct those put under them, they hire out the Mechanical Departments and require the inmates to work as the contractor directs. All incentive to educate them in the mechanical arts is taken away. The Institutions ought to be kept on such a basis as to educate these pupils, who have lost part of their senses, so they may be able to compete in their work with the more fortunate competitors.
page: 246[View Page 246]Mr. WILLARD offered a substitute for the amendment requiring a stamp, "convict made goods," to be affixed on all Prison-made goods. He heartily approved of the bill introduced by the Senator from Tippecanoe [Mr. Johnson], but the contracts already made will not expire until 1887, and for that reason he offers this amendment so as to reach the immediate needs of the laboring men in this State. As he understood the bill S. 241 its provisions are not desirable. This substitute will not interfere with existing contracts, and will bring immediate relief, while not materially injuring the contractors, because they have already a sufficient protection in their enormous profits. Then his substitute requires the same rule to hold and effect Prison-made goods to go out branded from this time forth, just what they are.
Mr. GRAHAM moved to add to the bill [S. 241] a new Section so as to require the contract price for labor to be not less than seventy-five cents per day. Such labor should raise a fund sufficient to maintain the Prison. A large portion of this kind of skilled labor only brings to the State forty cents a day. Any ordinary labor should bring more than that. These contracts for Prison labor are strange things, no doubt, if the truth could be got at. This thing ought to be regulated by the Legislature, and there should be a fixed price.
Mr. VAN VORHIS moved to amend the bill [S. 281] so as to include the Benevolent as well as Reformatory Institutions, and authorizing these to employ teachers to instruct the pupils in such mechanical arts as may be most to the advantage of such pupils and inmates.
This amendment was agreed to.
Mr. SPANN was heartily in favor of the passage of the bill. He regarded it as doing a wrong to the laboring men of the State for the State to let out convict labor, as has been the custom. It is a broad and comprehensive bill. He would not compromise this proposition by letting out this labor on competitive contracts. He favored applying the principles of this bill to the Reformatory Institutions. The State ought to be proud enough and grand enough to give her prisoners employment. They had better be put to agricultural pursuits.
Mr. BROWN moved to strike out the third section of the bill S. 281, making each County liable for the support of convicts therefrom-less the amount earned by the convicts. He opposed both bills. All this talk about convict contractors having any effect upon the price of labor is absolutely ridiculous. It does not operate in the slightest degree upon the fixing of wages of laboring men throughout the State. Under Democratic management, for the past few years, the Penitentiaries are self-supporting, because the wise law on the statute book provides that convicts shall work as they ought to work. Shall it be said the State is to support felons in laziness or idleness? The amendment proposed by the Senator from Hancock [Mr. Yancey] is simply an indirect way to prevent the State from reaping any substantial benefit from its convict labor. Dicipline can not be maintained in the prisons unless the men can be kept at work. This bill is a bill of abominations and an injustice to the people of this State. He moved to refer these two bills to a select Committee of Five to see if they can not harmonize these conflicting interests.
Mr. BUNDY, while not objecting to the reference of these two bills, sated some objection to the bill S. 281. While now convicts are employed, this bill proposes to keep them in idleness. When the present contracts expire there is no provision in this bill for hiring the convicts, but they must remain in idleness. This convict labor question is one of the most complex questions that can arise. Who gets the benefit of cheapening manufactured articles? It is the laboring men. If that is not true, the reform should be in s system of contracts. A young man sent to the Penitentiary should be learned a trade if he has none before. Imprisonment at labor is a reformatory process. He favored letting contracts at such a price that the articles manufactured can not be sold at less than the market price of like articles made by free labor. He closed by making an ineffectual motion to adjourn at twenty minutes before 6 o'clock.
Mr. FOULKE opposed the motion to refer the bill to a Select Committee and indicated an amendment he desired to offer at the proper time to Section 3, authorizing the Directors to manufacture in the Prisons any class of goods, not manufactured elsewhere in the State. On the score of economy, this sort of provision should be established in lieu of the present law. It is our duty to protect free labor and at the same time protect the taxpayer of the State, and this amendment will do both.
THE GENERAL APPROPRIATION BILL.
A message from the House announced the disagreement to the Senate amendments of the general appropriation bill [H. R. 302] and requested a Committee of Conference thereon On Mr. Willard's motion the Senate adhered to its amendments and the Senate appointed Messrs. Willard and Sayre a Committee of Conference on the part of the Senate.
ELECTION OF SECRETARY OF THE SENATE.
Mr. BELL moved to suspend the order of business in order that he might offer the following resolution:
Resolved, That the office of Secretary of the Senate is hereby declared vacant, and that Albert J. Kelley be and is hereby declared Secretary of the Senate for the remainder of this regular session of the General Assembly.
The motion to suspend the order of business was agreed to by yeas, 24; nays, 23.
Mr. BELL moved the adoption of the resolution and demanded the previous question.
The demand for the previous question was seconded by yeas, 24; nays, 23.
Mr. BUNDY: I was afraid this morning was most too beautiful to last. [Laughter.]
The main question being ordered, and a division of the question being demanded, the first part, declaring the office of Secretary of the Senate vacant, was agreed to by yeas, 24; nays, 23.
Pending the vote-
Mr. BENZ, when his name was called, said: There is no man I think more of than I do Mr. Nixon. I served in the House when he was Clerk, and in any business transaction I will do all I can for him; but this is politics, and not business, therefore I vote "aye." [Laughter.]
The LIEUTENANT GOVERNOR declared the first clause agreed to, and stating the question to be on the last clause of the resolution directed the Assistant Secretary to call the roll.
The last clause was agreed to by yeas, 24; nays, 23, as follows:
Yeas-Messrs. Bell, Benz, Brown, Compton, Duncan, Ernest, Faulkner, Fletcher, Hilligass, Hoover, Johnston, Johnson, Magee, Marvin, May, McClure, McCullough, McIntosh, Null, Richardson, Smith of Jay, Voyles and Willard-24.
Nays-Messrs. Adkison, Bichowsky, Bundy, Campbell, Davidson, Fleming, Foulke, Hill, Keiser, Lockridge, Lindley, Macartney, Overstreet, Ristine, Sayre, Smith of Delaware, Spann, Van Vorhis, White, Yancey and Youche-23.
The LIEUTENANT GOVERNOR declared Mr. Kelly elected Secretary of the Senate, and requested Mr. Kelly to receive the oath.
The oath was administered by Hon. S. M. Hench, Judge of the Allen Criminal Court.
Mr. BELL moved that the vote last taken be re page: 247[View Page 247]considered, and to lay the motion to reconsider on the table.
The latter motion was agreed to.
Mr. BROWN offered a resolution which was adopted that the thanks of the Senate are hereby tendered to Hon. Cyrus T. Nixon for his brief, but faithful services, as Principal Secretary of the Senate-
Mr. BUNDY suggesting it be adopted standing and in silence.
Then the Senate adjourned.
