HOUSE OF REPRESENTATIVES
FRIDAY, Feb. 23, 1883-9 a. m.The House was called to order with Representative Gibson in the Chair, in the absence of Speaker Bynum.
The session opened with prayer by Rev. Dr. R. C. Houghton, of the Roberts Park M. E. Church.
On motion by Mr. Schloss the reading of the Clerk's journal was dispensed with.
THE TWO-THIRDS RULE.
Mr. Wilson, of Marion, called up his amendment to the rules of the House, of which he gave notice heretofore, so changing the rules that a majority of the members present may take up any bill out of its regular order, and may make any bill or resolution a regular order after its first reading.
Mr. FRAZER, Mr. WILEY, and Mr. SHIVELY opposed the change of rules as entirely unnecessary, unjust, and unprecedented in the history of Indiana Legislatures.
Mr. HEFFREN and Mr. MONTGOMERY defended the change on the ground that there was no other way of brining up bills which had been too long delayed, or allowing the minority to control legislation.
Mr. GREEN demanded the previous question, which was seconded by the House by yeas, 44; nays, 34.
And under the operation of the previous question, the motion to amend the rule which was agreed to.
THE PRESIDENT OF PURDUE.
Mr. STERRITT moved to amend the rule by providing that at the morning session each day the roll of the House shall be called and each member may call up one bill, which shall be put upon its passage.
In pursuance with the rules of the House it was placed on the table for future action.
Mr. SMITH, of Tippecanoe, presented a memorial from Dr. E. E. White, President of Purdue University, indicating his purpose to resign and stating reasons for such action, being the "rider" placed on the Purdue appropriation bill which should be reconsidered in the interest of the University and the ensuing speeches made by members on the floor of the Senate. In the course of the letter Professor White denounced Greek Societies vigorously, alleging that their tendencies and effect are immoral and subversive of good discipline. As the Senate's "rider" to the appropriation bill will affect his authority among the students, he announces his determination to surrender the position.
Mr. HEFFREN was in favor of the right by all men to respectful petition, but when a memorial comes to this House in such disrespectful language it should not be received. He moved that the memorial be respectfully returned to Mr. White.
Mr. PATTEN desired to say that the author of that memorial is a demagogue of the first type, and that the memorial is an insult to this Legislature. It is from a demagogue who is so egotistical as to believe that Purdue University would go down should he resign.
Mr. SMITH, of Tippecanoe, had received the memorial and a letter requesting him to present the same to the House, which he did in what he considered a proper manner. The features of the memorial did not appear so objectionable to him as they did to the gentlemen [Mr. Heffren and Mr. Patten] who had just spoken.
Mr. JEWETT'S first impression was like that of the gentleman from Washington [Mr. Heffren]. that this should be returned; but after hearing the memorial read it seemed to him that it is respectful in tone, and that the House of Representatives can not afford to get into a pout about this matter, so he moved to amend the motion by the gentleman from Washington by referring the memorial to the Committee on Education.
Mr. ANTRIM moved to amend by substituting the Committee on Ways and Means, which amendment was accepted by Mr. Jewett.
Mr. PATTEN made an ineffectual motion to lay the amendment on the table.
Mr. Jewett's amendment was agreed to.
TAX EXEMPTION.
On motion by Mr. SCHLOSS, the Constitutional rules were suspended by yeas, 82; nays, 6; and the bill [H. R. 438] to amend Section 8,276 of the Revised Statutes of 1881, exempting the property of the United States, this State, and the property of any County, city, town or Township, all lands for the use of Common Schools, personal property and real estate of every manual labor school, when used and occupied for that purpose, not to exceed 300 acres, taken up and read the third time.
Mr. McMULLEN explained that the purpose of the bill is to settle certain disputed points in regard to taxing property held by religious bodies, Educational Institutions and Charitable and Benevolent Institutions.
Mr. PATTEN was opposed to the passage of the bill.
The bill passed the House by yeas, 51; nays, 33.
THE GENERAL APPROPRIATION BILL.
On motion by Mr. JEWETT the bill [H. R. 302] to make appropriations for the State Government and its institutions, was taken up and the Senate amendments read.
On Motion by Mr. JEWETT the Senate amendments were rejected.
On motion by Mr. JEWETT a Conference Committee on the part of the House to consist of four members was appointed, consisting of Messrs. Jewett, Akin, Sutton and Shively, to act with a similar Committee from the Senate to consider the Senate amendments to the bill [H. R. 302].
Mr. JEWETT called up his motion to reconsider the vote by which Mr. Graham's bill [H. R. 256] to provide a fund for the permanent endowment of the State University, was rejected on February 20.
Mr. WILLIAMS, of Knox, made an ineffectual motion to the lay the motion to reconsider on the table.
The motion to reconsider was agreed to, and the bill was rejected the second time by yeas, 44; nays, 46.
INDIANA REFORM SCHOOL FOR BOYS.
Mr. HEFFREN moved to take up the bill [S. 91] to designate the name by which the House of Refuge shall hereafter be known, and the Senate message informing the House of the passage of the bill over the Governor's veto.
Mr. FRAZER made an ineffectual motion [yeas, 41; nays, 55] to lay the motion of Mr. Heffren on the table.
Mr. Heffren's motion was agreed to by yeas, 55; nays, 35.
Mr. HEFFREN demanded the previous question, which was seconded by the House.
Under the operations of the previous question the bill passed the House over the Governor's veto by yeas, 55; nays, 39.
The House took a recess until 2 o'clock.
page: 248[View Page 248]AFTERNOON SESSION.
Mr. ADAMS moved to take up his bill [H. R. 277] to authorize Boards of County Commissioners to straighten and change the course of the channels of bodies of water upon petition of persons living adjacent to such watercourse.
Mr. AKIN moved to amend by Including his bill [H. R. 40] to amend Section 4, the same being Section 4,556 of the Revised Statutes of 1881, requiring the State Superintendent of Public Instruction in his next apportionment of the school fund to get apart $10,000, and semi-annually deduct the same amount, and set it apart, to be known as the Normal School Fund.
On motion by Mr. JORDON, Mr. Akin's amendment was laid on the table.
Mr. GORDON made an ineffectual motion to lay Mr. Adam's motion on the table.
Mr. Adams' motion was agreed to and the bill was read the third time.
[Senators Brown and Spann appeared on the floor of the House to inform that body that Cyrus T. Nixon was duly elected Principal Secretary of the Senate]
Mr. ADAMS did not desire to take up the time of the House in discussing this bill. It is a bill that accords with the wishes and desires of a great number of persons who live along these rivers and streams. The damage resulting from a single freshet would more than pay the expense of straightening such streams.
The bill passed the House by yeas, 79; nays, 11.
HOUSE BILLS PASSED.
On motion by Mr. Smith, of Tippecanoe, Mr. Akin's bill [H. R. 407] to amend 4,556 of Revised Statutes of 1881, requiring the State Superintendent of Public Instructions in his next apportionment of the school fund, to set apart $10,000, and semi-annually deduct the same amount and set it apart to be known as the Normal School Fund, was taken up and read the third time.
The bill passed the House by yeas, 64; nays, 26.
On motion by Mr. Patten, Mr. Mutz's bill [H. R. 333] to legalize the incorporation of the Marietta and Shelbyville Turnpike Company, was taken up and read the third time, and passed the House by yeas, 84: nays, 5.
Mr. HEFFREN entered a motion to reconsider the vote by which House Rule 77 was adopted.
Mr. SMITH, of Tippecanoe, entered a motion to reconsider the vote on House bill 461.
THE SPECIFIC BILL.
The special order being bill [H. R. 460] the specific appropriation bill, it was taken up.
Mr. FRAZER moved that the House go into Committee of the Whole House to consider this bill.
The motion was agreed to and accordingly the House of Representative resolved itself in a Committee of the Whole on the state of the Commonwealth [Mr. Frazer in the Chair.]
The Chairman announced the question before the Committee to be the specific appropriation bill, and ordered the Clerk to read the bill by items for amendment.
On motion by Mr MERING, the appropriation to Theo. A. Hough, administratrix of the estate Daniel Hough, deceased, was raised from $1,000 to $1,120.
Pending the vote on the adoption of the amendment, Mr MERING staled that the Legislature two years ago by joint resolution authorized the purchase of this library, but the specific appropriation bill failed to pass the Senate, and consequently this money was not paid at that time.
Mr WILSON, of Marion, thought that in granting this appropriation the State would simply be doing justice to private individuals.
Mr. JEWETT moved to amend by striking out item 4, being the claim of F. A. W. Davis. assignee of a claim of Mr. Reiley, former Treasurer of Marion County, for the sum of $579.75.
Mr, JEWETT thought it might be possible that the gentleman was entitled to the amount claimed, but was of the opinion that he should not have allowed the claim to lie until the limitation of the statute passed.
Mr. WILSON, of Marion, was in favor of allowing the claim. The Supreme Court had decided in favor of this gentleman, and it comes with poor grace for any Representative to oppose it The State of Indiana can not afford not to pay this claim. He was in favor of paying it and paying it with interest.
Mr. PATTEN was in favor of letting the Supreme Court take care of itself, and the Legislature doing the same thing.
Mr. SHIVELY thought that it was but just and equitable that this money, which is now in the Treasury of the State, and which rightfully belongs to this man, should be paid over to him.
Mr. STEWART thought that in the face of the decision of the Supreme-Court, this claim was a just one.
The claim was rejected upon a division affirmative. 50; negative, 31.
Mr. SCHLOSS moved to strike out the sixth item-being the claim of Baker, Smith & Co.
Mr. ADAMS had investigated this claim thoroughly, and felt in duty bound to say a few words to regard to it. As a member of the House he could not favor any claim unless he believed it was honestly due. After a careful examination of the facts he was satisfied this was a just claim, and one which should be allowed by the Legislature.
Mr. Schloss' motion to strike out the claim was agreed to.
Mr. PATTEN moved to strike out item seven being the claim of Simon Thompson for services rendered the State in the Newton Circuit Court.
Mr. GILMAN could not understand why the gentleman made the motion to strike out the claim. The claim was originally for $1,000 for services rendered to the State, and in Newton County for certain property. This gentleman was Prosecuting Attorney for that County at the time, and he became satisfied that this property under question was rightfully the properly of the State, He entered suit for the State and followed the matter to the Supreme Court, where finally the suit terminated in favor of the State, and the State is now holding property valued at $5,000 as the result of this claimant. He earnestly advocated the granting of the claim as one every way just.
Mr. PATTEN thought it was bad policy for the State to attempt to pay all attorneys' fees in the State. He was not in favor of granting the claim.
Mr. MOODY favored the allowance of the claim
Mr. SHIVELY understood that the Committee on Claims had unanimously recommended the allowance of the claim.
An amendment by Mr. GIBSON to make the claim $500 and allow the same, provided the claimant would give a receipt it full for all services, was adopted, after an ineffectual motion by Mr. SCHLOSS to lay the same on the table.
On motion by Mr. WILSON of Marion, the Committee rose, reported progress and asked leave to sit again to-morrow morning at 10 o'clock.
CONSTITUTIONAL AMENDMENTS.
On motion by Mr. JEWETT the several House joint resolutions providing for a prohibitory amendment a woman's suffrage amendment, and providing for the tenure of office of several State and County officers, were each taken up, read the second time, ordered engrossed and made the special order for to-morrow at 10 o'clock.
The House adjourned until to-morrow at 9 o'clock.
