HOUSE OF REPRESENTATIVES.
WEDNESDAY, Feb. 28,-9 a. m.The House was opened with prayer by Rev. Mr Clark, of Indianapolis.
Mr. HENDERSON rose to a question of privilege, saying the journal failed to show him as voting for the joint resolution submitting a prohibitory amendment to the Constitution. He desired to be so recorded.
page: 270[View Page 270]A resolution by Mr. GERBER that the House hold session each evening this week was rejected by the House.
A call of the House which was ordered and taken discovered ninety-one members present and answered to their names.
SPECIFIC APPROPRIATION BILL.
On motion by Mr. JEWETT the House resolved itself into Committee of the Whole House for the further consideration of the specific appropriation bill, with Representative Frazer, of Kosciusko, in the chair.
The question being on the motion to strike out the John Martin claim-
Mr. JEWETT confessed that up to yesterday he was under the impression that the claim was wrong. He desired, to say now that if no other argument could be produced than the argument offered by the gentleman from Knox [Mr. Williams] that the claim was the property of a certain bank or wealthy individual the claim should be paid. Such argument would sound better in the Sandlots of San Francisco than in this House, composed of Representatives of debt-paying people. When so eminent and philanthropic citizen, and one of his constituents [referring to Mr. DePauw], is attacked in the manner upon this floor he felt called upon to resent such attack. As this was the only way provided for these claims to be allowed he did not think the House could afford to reject a claim because parties have been pressing its passage. He hoped that when they came to act upon this claim it would proceed to consider the basis on its fairness as a claim. He entertained such doubts about the validity of the claim that he would not give it his support.
Mr. CAMPBELL thought that the manner in which the claim had been assailed reflected somewhat upon the Committee which reported upon this claim. He desired to have certain stenographic evidence taken before the Committee read. This evidence would amply justify the action taken by the Committee on the John Martin claim.
Mr. MOODY desired to call the attention of the House to the act under which the Board was acting when it issued this warrant to John Martin [Mr. Moody read the provisions of the act authorizing the Board to issue warrants.] If this Board had the power to issue that warrant in accordance with the provisions of an act, the State of Indiana is bound to pay the warrant. You may just as well try to avoid a promissory note properly signed as to get rid of this warrant. The question is simply this, whether or not we, as Representatives of the State, will refuse this warrant which the law authorized this Board so issue? Are we now going to undo this law? If there is any fault to be found it should be found with the Legislature that passed this law, granting this Board power to issue this warrant.
Mr. WILSON, of Marion, after giving a detailed statement of the disputed points, and the decision of the Court upon the same, stated that be had it directly from Mr. Mania himself that the money be obtained from the bank, and for which he gave this warrant for co lateral security, went to buy brick that entered into the construction of the new Insane Asylum.
On motion by Mr. HEFFREN the Committee rope and reported the recommendation that the further consideration of the bill be proceeded with in the House.
The report of the Committee was concurred in by the House.
On motion by Mr. SMITH, of Tippecanoe, the House took up the consideration of the specific appropriation bills.
A motion by Mr. AKIN to postpone the further consideration of the bill was laid on the table.
The question recurred on the John Martin claim.
Mr. SMITH, of Tippecanoe, thought the name of the State was pledged to the allowance of the warrant. The warrant was issued by competent authority, and is held by a citizen of this State. He believed this is a just claim, and in the namer of that justice which the State of Indiana has always exercised toward her citizens it should be allowed. Let us keep her escutcheon clear and untarnished, and let it be said that she has done- no injury to any one of tier citizens.
Mr. GIBSON thought it would not keep the escutcheon of the State clear by voting this appropriation of nearly $50,000. In his opinion it was nothing against the claim that the bank held this warrant as collateral, security. He stated that the content provided for masons' measurement, and that it was afterward inserted according to the "Indianapolis rules." When this change was discovered, Mr. Martin was informed that if he did not desire to accept masons' measurement he must stop work. If you are not satisfied with masons' measurement you must not go on. But in the face of this, Mr. Martin went on with the work. From that time until the close of the work Mr. Martin accepted this measurement and payment accordingly.
Mr. WILEY was, when the claim was first presented before the Judiciary Committee, favorably impressed with its fairness and honesty, and since he had heard the argument against this claim he was more impressed with its fairness than he was then. He was not acquainted with Mr. Martin; did not know whether he was a Democrat, or Republican, and did not care. Such a matter would not influence him while considering a fair and just claim. The State of Indiana can not afford to stultify and make void a contract made by the proper agents. He was here as a representative of a part of the people of the State of Indiana to say by his voice and his vote that the State shall not stultify her contract with a citizen of Indiana, and for this reason he was in favor of this claim. It is just, and the State of Indiana should pay it.
The previous question was demanded on the motion to strike out the ninth "item," being the John Martin Claim, and it was seconded by the House-yeas, 68; nays, 27.
Mr. PATTEN, in speaking of the decision of the Court in favor of the Board issuing this warrant in favor of Mr. Martin, said he did not believe the Court had any right to compel this Board to issue said warrant. He knew the claim was unjust, and he knew it was so decided by men who were conversant with all the facts. It was so decided by a former Legislature. This Board claimed that every dollar due John Martin was paid. He had no objection to John Martin or any other man who has an honest claim.
The motion to strike out was agreed to by yeas, 58; nays, 38.
Mr. GIBSON moved to reconsider the vote to-strike out and lay that motion on the table.
The latter motion way agreed to.
A motion by Mr. PATTEN, the twelfth item of the bill was stricken out-being the claim of Perin & Goff Manufacturing Company of Jeffersonville, Ind., for $5,000 for work on buildings at the State Prison South.
On motion by Mr. SCHLOSS, the eleventh item of the bill was stricken out-being the claim of J. H. Warder of $250 for measuring the wall of the Insane Hospital in the interest of the John Martin claim.
Mr. JEWETT, on the adoption of the 14th item-being the claim to Teresa and Charles Bochtell for damages on account of the death of their father, caused by the negligence of the State for $1,000, desired that the claim would be allowed by the House. He was informed that the condition of the children is deplorable, and the damages asked are comparatively small.
Mr. HEFFREN'S amendment requiring the money to be paid to the legal representative of the said Bochtell was adopted by the House.
The item as amended was adopted.
Mr. SCHLOSS moved to strike out the 15th item.
page: 271[View Page 271]A division of the item was demanded.
The question being first upon the appropriation of $500 for the purchase of books for the library of the Northern Prison-
Mr. HUSTON was a member of the Committee on Prison, and had, with other members, visited the Northern Prison. He examined the library, and thought it was a disgrace to the Institution, considering the number of convicts. He was satisfied that the library was wholly insufficient, and unless some new books were added to it, it would be wise to abolish the library entirely.
Mr. FRAZEE was also conversant with the facts of the condition of the library. He thought the House could not do a wiser thing than to allow this $500 for the purchase of these books.
This appropriation was allowed, and the other divisions of the same items were adopted.
In the specific appropriation for the Southern Prison the allowance of $15,000 for the finishing of the Hospital building was cut down to $1,500.
The appropriation of $5,000 the construction of a building to connect the cell house with the office, was struck out on motion by Mr. Huston.
The House took a recess untill 2 o'clock.
AFTERNOON SESSION.
A motion by Mr. SPANN to postpone the further consideration of the specific appropriation bill until 4 o'clock was lost by yeas, 19; nays, 45.
The appropriation of $3,300 for the purchase of three and one-half acres of ground for the Southern Prison was on motion of Mr. MOODY stricken out; also the appropriation of $35,000 for the purpose of building a wall along said ground.
The appropriation of $500 for the repair of the Battle Grounds in Tippecanoe County, was on motion of Mr. AKIN adopted.
The appropriation of $1,000 to the First National Bank of Indianapolis for money borrowed on account of the contingent fund of the Supreme Court, and the appropriation of $5,000 to the State Board of Agriculture, were adopted.
A motion was made to strike out the appropriation of $234 to B. Rosenthal & Co., of Jeffersonville, Ind., for money paid out on account of the State Prison South.
The motion was agreed to.
The appropriation of $200 to Isaac Taylor for services as architect and Superintendent of the Soldiers' Orphans' Home was adopted.
The appropriation of $1,013.13 to Carlon & Hollensbeck for binding Brevier Legislative Reports of the Fifty-second General Assembly was adopted.
The appropriation of $1,974.12 to Reuben Marvin for supplies furnished the State Prison South was on motion by Mr. PATTEN stricken out.
The appropriation of $,439.76 to J. H. and H. L. Talbott for the State proportion of the improvement of North Meridian Street was adopted.
Mr. PRICE moved to strike out the appropriation of $1,200 for Clerks' hire in the Adjutant General's office. The motion to strike out was rejected.
Mr. HEFFREN offered an amendment providing that the amount should not be paid except upon a voucher sworn to by the Clerk who does the work.
The amendment was adopted.
The appropriation of $23 to W. B. Burford for articles furnished the Supreme Court was adopted.
The appropriation of $14,000 for deficiencies in the appropriation tor public printing for the fiscal years beginning November 1, 1881, and November 1, 1882, was adopted.
The appropriation of $129.96 to Samuel A. Bonmer for services as special Judge in the Switzerland, Circuit Court was stricken out.
The appropriation of $120 to James Y. Allison for services a Special Judge of the Clark Circuit Court was stricken out.
The appropriation of $72 to John D. Harris for services as Special Judge of Switzerland Circuit Court was adopted.
Mr. FRAZEE moved an amendment to appropriate $5,500 to purchase seventy-five acres of round for the Asylum for Feeble Minded Children and the Soldiers' Orphan B' Home.
Mr. FRAZEE, pending the adoption of the amendment, stated the necessity of purchasing more land for these Institutions.
Mr. DEEM said that the object of this appropriation is to enable the Trustees of the Asylum and Home to purchase seventy five Acres of land adjoining the present grounds, and which additional grounds are to be used for agricultural and dairy purposes. At present, only fifty-six acres are owned by the Home, but a small portion of which can be cultivated, and the Trustees often find it difficult or inconvenient to lease lands in the vicinity. There will be an actual saving to the State by purchasing the proposed farm, and will give the officials an opportunity to train the orphans of suitable age in industrial pursuits.
The amendment [Mr. Frazee's] was adopted.
Au amendment by Mr. STEWART to appropriating the sum of $147 to the heirs of George B. Hutch, the sum of $156 to John B Workes, the sum of $153 36 to Augustus Hustiner, and the sum of $50 to Albert F. Ayers for services, was adopted.
Mr. GREEN moved to reconsider the vote by which the appropriation of $5,860 to the Perin & Goff Manufacturing Company of Jeffersonville, Ind., was struck out of the appropriation bill.
Mr. McCORMICK stated that these men replaced the old shops with good, substantial brick shops. He considered this a just claim, and one that should be passed.
Mr. GIBSON stated that the claim was before the Commitee and was allowed. He hoped that the House would reconsider the vote. These men are simply asking reimbursement for money paid out.
Mr. CAMPBELL had full confidence in the justice of the claim.
The motion to reconsider was rejected.
Mr. HEFFREN offered an amendment to the bill appropriating $500 to defray the expense of transporting the books and records of the canal lands from Terre Haute to Indianapolis.
The amendment was adopted.
Mr. ADAMS moved to amend the bill by appropriating $800 to pay for the services of Caleb Henry, James Henry and Daniel Burns, rendered in a suit against the County of Johnson.
The amendment was rejected by yeas, 41; nays, 42.
Mr. JEWETT moved to amend by appropriating $800 to pay John Craig for four years' service as Deputy Warden in the Southern Prison.
On motion by Mr. WILLIAMS, of Knox, the amendment was laid on the table.
Several other amendments were offered and rejected, whereupou Mr. Gibson moved that the bill be considered engrossed and put upon its passage, and demanded the previous question on this motion.
The previous question was seconded by the House by yeas, 61; nays, 30, and under its operation-
The bill was read a third lime and passed the House by yeas,54; nays, 40.
On motion by Mr. HEFFREN the bill [H. R. 466], supplemental to an act to authorize and provide for the erection of a new State House, etc., was taken up and read the first time.
The bill [S. 87] to provide for the location and erection of an additional Asylum for the Insane and providing for th management thereof was read the third time and passed the House by yeas 66; nays, 16.
On motion by Mr. HEFFREN-
The Home took a recess until 7:30 p. m.
EVENING SESSION.
The following described bills were read the third time and put upon their passage:
Mr. Weaver B bill [H. R. 55] to prevent page: 272[View Page 272] sale of Impure butter, was read the third time, and passed the House by yeas. 74; nays, 5.
Mr. Gordon's bill [H. R. 56] to authorize Boards of County Commissioners to construct gravel and other roads upon petition of persons living adjacent thereto, was read the third time, and was rejected by yeas, 34; nays, 42.
Mr. GORDON entered a motion on the journal to reconsider the vote.
Mr. Heffren's bill [H. R. 81] to protect the elections by voluntary Political Associations was read the third time and passed the House by yeas. 72; nays, ll.
Mr. Graham's bill [H. R. 85] to legalize plats of towns and plats additional thereto; the bill was read the third time and passed the House by yeas, 77; nays, 2.
Mr. Huston's bill [H. R. 88] requiring Joint Stock Telephone Companies organized under the laws of any other State, was read the third time and passed the House by yeas, 65; nays, 13.
Mr. Jewett's bill [H. R. 89] to amend Section 346 of the Civil Procedure act, being Section 510 of R. S. of 1881, was read the third time and passed by yeas, 69; nays, 19.
Mr. Frazer's bill [H. R. 94] to provide for the sale of lands purchased on the part of the State at judicial sales, was read the third time and passed by yeas, 71, nays, 2.
Mr. Adams' bill [H. R. 95] concerning taxation was read the third time and passed by yeas, 66; nays, 5.
Mr. GIBSON entered a motion to reconsider the vote just taken.
Mr. Adams' bill [H. R. 96] to repeal Section 40 of an act regulating prosecuting of claims against County Commissioners was read the third time and passed by yeas, 68; nays, 3.
Mr. Heffren's bill [H. R. 105] concerning changed of venue from Justices' Courts to the Superior Court was read the third time and passed by yeas, 54; nays. 24.
Mr. Mock's bill [H. R. 106] concerning certain criminal cases before Justices, was read the third time-and failed for want of a Constitutional majority-yeas, 42; nays, 33-of two-thirds.
The House adjourned.
