HOUSE OF REPRESENTATIVES.
SATURDAY, March 3, 18839 a. m.The session was opened with prayer by Representative Smith, of Tippecanoe County.
THE NEW STATE HOUSE.
Mr. HEFFREN called up the special order, being the bill [H. R. 466] supplemental to an act to authorize and provide for the erection of a new State House.
Mr HAM moved that the bill and amendments be indefinitely postponed.
Mr. SMITH, of Tippecanoe, was of the opinion that this is an effort to hand over unfinished to dilapidation and decay the new State House. This means to add not less than $200,000 and probably $1,000,000 extra expense to the State House before it is completed. It means a delay in the completion of the building of from two to five years. It means to take from the State of Indiana at least $1,000,000. It means to leave idle $1,000,000 in the State Treasury. It means legislation to the damage of the people, and not in the interest of the people or the State He desired to eater a protest, not on the Journal, but a protest in debate against this action, and he would leave it for the future to determine whether or not he had protested wisely as to the consequence of this legislation should it be passed. He had not been asleep, he was not blind, he was not deaf, and he would give this a the sequence of what will follow.
Mr GIBSON would not grant that the gentleman from Tippecanoe [Mr. Smith] was not asleep on this question. He desired to say to him that just such speeches were made in the House two years ago. The gentleman from Knox (Mr. Williams] championed these men two years ago when they said they would throw up this contract if the Legislature did not grant them an additional appropriation of $500,000, and the foundation would be left open to the ravages of the weather for the next two years When the members of the Investigating Committee asked Mr. Howard if he would put any more money in the building he avoided the question, and would not answer until chased in to a corner, and then he said he would not. These contractors do not need any more money, for under the present law they can draw 90 per cent. of the price of their work as soon as the estimate is made.
Mr. GIBSON moved the previous question, which was seconded by the House, and under its operations-
The motion to postpone indefinitely was agreed to by the House-yeas, 49; nays, 45-as follows:
Yeas-Messrs Bowers, Bowles, Bryant, Cabbage, Carr, Chandler, Davis, Deem, Eley, Ferriter, Fisher, Fleece, Gants, Gerber, Gibson, Gordon, Graham, Greene, Ham, Kennedy, Kester, McCormick, McMullen, Marsh, Mauck of Harrison, Miller, Mock of Wells, Montgomery, Mutz, Peters, Pruitt, Pulse, Robertson, Robinson, Schloss, Shaffter, Shaw, Smith of Blackford, Smith of Perry, Spain, Stevenson, Stucker, Tuley, Weaver, Whitsit, Williams of Knox, Williams of Posey, Woodling and the Speaker-49.
Nays-Messrs. Adams, Akin, Antrim, Barr,
page: 289[View Page 289]Beeson, Best, Brazelton, Campbell, Chittenden, Frazee, Frazier, Furnas, Genung, Gilman, Hanson, Heffren, Helms, Henderson, Howland, Huston, Jewett, Knowles, McClelland of Lawrence, McClelland of Porter, Mellett, Mering, Moody, Mosier, Nave, Pettibone, Shively, Shockney, Smith of Lagrange, Smith of Tippecanoe, Sterret, Stewart Straughan, Sutton, Thomas, Thompson, Westfall, Wiley, Wilson of Kosciusko, Wilson of Marion and Wright-45.
So the bill was indefinitely postponed.
Mr. GORDON moved to reconsider the vote just taken and to lay that motion on the table.
The latter motion was agreed to.
CONVICT LABOR KEWABD.
The bill [S. 236] to fix commutations of terms of sentences on account of good behavior of persons confided in the State's Prisons, was read the third time.
Mr. SMITH, of Tippecanoe, considered this one of the most humane bills that has been before the Legislature, and was heartily in favor of its passage.
Mr. WILSON, of Marion, agreed with the gentleman from Tippecanoe [Mr. Smith], but he questioned the legality of such a measure.
Mr. BOSTON stated that the bill was prepared by the explain of the Northern Prison, together with the Warden. He talked with quite a number of the convicts, and there was not one of them who did not desire the passage of the bill. The officers of the Prison believe that the bill will do snore to further good discipline than anything else that could be done.
Mr. GILMAN believed that the provisions of the bill are good-that it is in the interest of reformation. The discipline of Prisons as now as administered has a tendency to degrade the inmates instead of making them better. He thought the men who drafted the bill entitled to honor.
Mr. GIBSON thought if there is any one thing to be regretted in regard to our Prisons it is the severe discipline that is sometimes necessary to administer. He had converged with the Wardens of both Prisons on this subject, and they desire the passage of the bill.
The bill passed the House by yeas, 93; nays, 0.
The bill [S. 278] supplemental to an act concerning drainage-see page 187-approved March 9, 1875, was read the third time and passed the House by yeas, 68; nays, 11.
The bill [S. 293] to authorize the payment of the claim of J. F. and H. S. Talbott, for paving done on North Meridian street fronting the Blind Asylum, was read the third time and passed the House by yeas, 80; nays, 2.
FREE GRAVEL ROADS.
The bill [S. 98] to provide for the appraisement, purchase and conversion of toll roads into free gravel roads and their maintenance as free roads, was read the third time.
Mr. ANTRIM: This if called an act for the establishment of free gravel reads, but it strikes me that it if- establishing them at a great cost to a portion of the people living along the road. This propose-; that the Gravel Road Companies, when the holders of the stock find that it is not a paying investment, may unload that stock upon the people who live on that road. These people have helped to build the road; they have paid to keep up the road, and it is not fair to force this road upon them after it fails to pay expenses While the road does pay the majority of the stockholders will not agree to give up the road. This bill requires the citizens living within one mile of the road to buy the road for he benefit of the whole County. It is easily seen that poisons living two or more miles from this road will be benefited just as much by making this a free road as person living one-fourth of a mile from this road. There is usually a large number of small property owners living along these roads where tax is merely nominal, and such persons would willingly petition the stockholders to sell the road. Another thing, while this road is in the hands of the stockholders they are compelled to keep it in repair, but when it goes into the hands of the County it becomes everybody's business to keep it in repair and what is everybody's business is nobody's business.
Mr. WILSON, of Marion, declared this a fair bill. There is no compulsion about the matter. If a majority of persons living along the road desire it, it simply gives the right for such persons to purchase this road provided that the majority of the stockholders desire to sell. This is good Democratic doctrine. It gives these people the right to go into Court and have the Court decide whether the estimate placed upon the road is a fair estimate of the real value. Every free gravel road is built upon the principle that, the gentleman from Miami [Mr. Antrim] attacks, and is the principle on which all free gravel roads are built. The law is as fair and reasonable as can be devised for the transferring of gravel toll roads into free gravel roads.
Mr. KESTER could see no danger in buying roads as directed in this bill if the majority of the people living along the road desired to do so, and the majority of the stockholders desire to sell. This bill ought to pass.
Mr STRAUGHAN believed it was almost a demand that same law should be passed allowing these toll roads to be converted into free gravel roads. In his County they had some ninety miles of toll road. The business is being driven from the County seat, because it is completely hedged in by these toll roads, the business going to other points. He was in favor of the passage of the bill.
Mr. MELLETT stated that if he understood the bill right it requires persons living along and, within one mile of the road to pay a Tax in order to buy this road. Now suppose this is a good law will it be appropriated? Will these men who have paid a tax to build the road-will these men buy this road and turn in over to the County as a free gift? It occurred to him that these men would petition these stock holders to sell the road. In the first place these men are taxed to build this road, and no man will say that it is just to tax them again to buy the road.
Mr. THOMAS moved the previous question, which was seconded, by the House and under its operations.
The bill passed the House by yeas, 69; nays, 19
SENATE BILLS PASSED.
The bill [S. 107] to define the power of attorney and concerning the recording of the game was read the third time and passed the House by yeas, 68; nays, 8.
The bill [S. 145] to amend Section 4,425 of the Revised Statutes of 1881 concerning the granting of licenses to teachers-see pages 72,184 and 199 of the Brevier Reports-was read the third time and passed the House by yeas, 51; nays, 30.
The bill [S. 120] to amend the charter of Clarksville, in Clarke County, was read the third time and passed the House by yeas, 73; nays, 0.
The bill [S. 149] to authorize the sale and conveyance of certain lands in the State of Indiana, was read the third time and passed the House by yeas, 58; nays 8.
THE WIDOW OF EDWIN MAY.
Mr. HUSTON called up the joint resolution [S. 2] to pay Mrs. Sarah May $10,000 for services rendered by the State architect of the new State House, and which failed to pass March 2 for want of the Constitutional majority, and another vote resulted in the passage of the resolution by yeas, 52; nays, 41.
AFTERNOON SESSION.
The bill [S. 200] to revive an act approved May 14, 1860, for assessments of lands for benefits of page: 290[View Page 290] certain roads, was read the third time and passed the House by yeas, 85; nays. 1.
The bill [S. 43] to increase Coroner's fees in Indianapolis, was read the third time and passed the House by yeas, 73; nays, 13.
The bill [S. 250] to establish provisions respecting private corporations existing under corporate laws prior to 1852, was read the third time and passed by the House by yeas, 73; nays, 1.
COMMISSIONERS OF THE SUPREME COURT.
The bill [S. 174] concerning the Supreme Court Commission for two years was read the third time.
Mr. McMULLEN thought that this bill ought not to pass. Since the bill was up the other day he had taken the time to examine the facts concerning this Supreme Court Commission and its work for the past two years. He found that the Supreme Court decided during the two years beginning January 1, 1879, and ending January 1, 1881, 1,251 cases, and that during the two years beginning January 1, 1881, and ending January 1. 1883, it has disposed of only 1,138 cases, or 113 cases less than for the same period of time before the Commission was appointed. The Commission has disposed of only 714 cases since appointed. Take from this the difference between 1,251 cases which the Supreme Court decided in two years before the Commission was appointed, and 1,138 cases which the Supreme Court has disposed of in two years since the Commission was appointed, and we find that th Supreme Court Commission has only disposed of 601 cases more than were disposed of by the Supreme Court. This Commission has proved rather an expensive luxury. He thought it should not be continued any longer; he was opposed to it.
Mr. TULEY believed it was admitted on all hands that something ought to be done to relieve the Supreme Court. According to the admission of the gentleman from Dearborn [Mr. McMullen] the number of cases has been greatly reduced. He thought the Commission had done well to dispose of 714 cases. A few years ago if you sent a case to the Supreme Court you knew it would keep it for three or four years since the Commission was appointed, he had known cases to be decided in three mouths The House had already decided upon the Court of Appeals. It has spoken in unmistakable terms that we do not want that Court. It is just this: we must have that Commission or nothing. He believed the people demand it, and that the Supreme Court demands; it under all circumstances he believed the bill should pass and continue this Commission for two years more
Mr. MOCK did not think we should determine the amount of work the Commission had done by the number of cases it had disposed of. The test he applied, and which he considered a fair one, is this: He was creditably informed that the number of volumes of Supreme Court Reports would greatly exceed the number issued during the year previous to the creation of this Commission. He considered this a just and fair test of the amount of work accomplished by this Commission. The difference between twenty-five volumes of the same size and number of pages and seventeen volumes, show the amount of work accomplished by this Commission. He believed that the Commission should be continued for two years, and trusted that the members would vote for this bill.
Mr. SHIVELY said: It seems to me that we should sometime awaken to the fact that Indiana has become a great State. It ought to occur to any man that the Supreme Court can not discharge this business without some assistance. It is burdened, and has been for a number of years. It is said this Commission has not done satisfactory work, but, notwithstanding this assertion, they have done good work. Now, will we so to work and defeat the bill for the establishment of a Court of Appeals and also refuse to continue this Commission. It seems to me that it ought not to be done. It has been stated that they bay only disposed of 714 cases. This is no test. They can and will work better in the next two year than in the past. Then, you can not determine the efficiency of the work by the number of cases. We should not refuse to continue this for the next two years.
Mr. MONTGOMERY thought it was a fact recognized by all members on the floor, he presumed, that the Supreme Court can not keep up with the business While this Commission may not have accomplished as much as was expected of it, yet something must be done for the relief of the Supreme Court, in order that it may catch up with its business, Ha thought this Commission should be continued two years longer.
Mr WILSON, of Marion, was in real earnestness in his opposition to this Supreme Court Commission. It might not be good policy on his part, but he was opposed to this bill
Mr. MOODY spoke in favor of the bill. He thought it was a matter of justice to the people that this Commission should be continued for the next two years, and therefore the question of expense raised by the gentleman from Marion [Mr. Wilson] should not be taken into consideration
Mr. JEWETT thought the question has been fully considered, and demanded the previous question, which was seconded by the House, and under the operations thereof-
The bill passed the House by yeas, 57; nays, 35.
SENATE BILLS PASSED.
The bill [S. 293] to repeal an act concerning legal advertisements approved March 1,1883, was taken up and on motion by Mr. Tuley the Constitutional rules were suspended, the bill was read the first and second time by title, was considered engrossed, read a third time by sections and passed the House by yeas, 87; nays, 0
The bill [S. 229] to regulate the business of Express Companies was read the third time and passed the House by yeas, 72; nays, 1.
The bill [S. 289] to amend the drainage law [when petition has been filed any person effected by the proposed ditch may come into Court and object to the petition or demur to it, the same as in ordinary complaint; extends the time of the filing of the exceptions to the assessments from three days to ten days; in the event the County Survey or is not a civil engineer the Court may designate some civil engineer to act in such case] was read the third time and passed the House by yeas, 65; nays, 2.
On motion by Mr. JEWETT. Mr. Heffren's bill [H. R. 457] to allow a bounty for planting of yellow willow along the streams of Indiana, as a protection against floods, was taken up. The Constitutional rules were suspended, read the second time by title, considered engrossed, read the third time, and passed the House by yeas, 76; nays. 17.
Mr. MONTGOMERY'S bill [H. R. 415] concerning the distribution of properly, etc., was read the third time, and rejected by yeas, 34; nays, 65.
STATE AUDITOR'S BOND.
Mr. HUSTON introduced a resolution to authorize the appointment of a Joint Committee of the two Houses to investigate the matter of the bond of the Auditor of State; setting forth that such bond had not been properly filed with the Secretary of the State, and authorizing the appointment of a successor in case of any irregularity or non compliance with the law.
On motion by Mr. WILTON, of Marion, the resolution was laid on the table by yeas, 62; nays, 1.
The bill [S. 206] requiring County Auditors to advertise the amount of school funds loaned out quarterly, was read the third time and passed th House by yeas, 73; nays, 4.
The bill [S. 187] to amend Sections 5,104 and 5,106 of the Revised Statutes of 1881, to provide levy for the repair of turnpike roads, was read page: 291[View Page 291] the third time and passed the House by yeas, 67; nays, 8.
The House took a recess until 7:30 p.m.
NIGHT SESSION.
Mr. SCHLOSS introduced a concurrent resolution, which was adopted, authorizing the Secretary of State to print 10,000 copies of the road, doe law, drainage and decedents' estates acts, to be distributed to the several Counties of the State.
The bill [S. 85] to amend Section 2,[?]55 of the Revised Statutes of 1881, concerning public offenses-see page 78 of the Brevier Reports-was read the third time and passed the House by yeas, 75; nays, 0.
Senators WILLARD and BUNDY, as a Committee from the Senate, notified the House that the Senate would meet the House in Joint Convention at 8 o'clock p. m., for the purpose of electing a Chief of the Bureau of Statistics.
The bill [S. 139] to protect gravel macadamized and paved roads from heavy burdens, was read the third time and, on motion by Mr. SHIVELY, indefinitely postponed.
JOINT CONVENTION.
On motion by Mr. WILLIAMS, of Knox, a Committee of two was appointed to inform the Senate that the House is now ready to go into Joint Convention for the purpose of electing a Chief of the Bureau of Statistics.
The SPEAKER appointed Messrs. Williams and Beeson said Committee. The House took a recess to prepare seats for Senators, who immediately appeared on the floor of the House, and the Joint Convention was called to order by Lieutenant Governor Hanna, who announced the purpose of the Convention, and stated nominations to be in order.
Representative JEWETT placed in nomination for Chief of the Bureau of Statistics William A Peelle, Jr., of Johnson County.
Representative FRAZER placed in nominations John B. Conner, of Marion County.
There being no other nominations, the ballot resulted as follows:
For Mr. Peelie-Senators, 26; Representatives, 54-total 80.
For Mr. Conner-Senators, 13; Representatives, 35-total, 48.
The LIEUTENANT GOVERNOR declared Mr. Peelle duly elected.
The purpose of the Convention being accomplished, it adjourned sine die.
BILLS PASSED.
The bill [S. 178] supplemental to an act to establish public libraries-see page 121-was read the third time, and passed the House by yeas, 64; nays, 21.
The bill [S. 179] to amend Section 8 of an act providing for the election of County Clerks, was read the third time and passed the House by yeas, 73; nays, 3.
The bill [S. 273] concerning foreign insurance Companies, was read the third time and passed the House by yeas, 69; nays, 10.
Mr. Tuley's bill [H. R. 160] to prohibit the selling, bartering or giving away of the questions provided by the State Board of Education, was read the third time and parsed by the House by yeas, 79; nays, 0.
The bill [S. 193] to provide for the election and Qualification cf Justices of the Peace-see page 147 of the Brevier Reports-was read the third time and passed the House by yeas, 59; nays, 19.
Mr. Smith's, of Perry's, bill [H. R. 280] touching the duties of Township Trustees was read the third time and passed the House by yeas 64; nays, 22.
Mr. Gilman's bill [H. R. 150] providing for the sale of escheated estates was read the third time and passed the House by yeas, 80; nays. 3.
Mr. Shively's bill [H. R. 149] to amend Section 516 of the Revised Statutes of 1881, concerning proceeding in civil cases, was read the third time, and passed the House by yeas 61; nays, 19.
The bill [S. 244] to legalize certain records in the Recorders' Offices in all towns of 50,000 inhabitants and over was read, the third time and passed the House by yeas, 60; nays, 21.
The bill [S. 4[?]] to establish public libraries in connection with the common schools in cities of 10,000 or more in habitants was read the third time and parsed the House by yeas, 58; nays, 11.
The bill [S. 34] to legalize the incorporation of Angola was read the third time and passed the House by yeas, 60; nays, 9.
The bill [S. 260] to legalize the town of Darlington, Montgomery County, was read the third time and passed the House by yeas, 19; nays, 9.
On motion by Mr. WILLIAMS, of Knox, the following Senate bills were read the first, second and third time under a suspension of the rules and put upon their passage:
The bill [S. 294] to make general index of deeds and mortgages evidence, was passed by yeas, 68; nays,21.
The bill [S. 295] to repeal the act approved day before yesterday concerning legal advertisements, was passed by yeas, 75; nays, 3.
The bill [S. 247] to provide for the more profitable hiring of the convicts in the States' Prisons-see page 167, being read-
Mr. WILLIAMS, of Knox made an ineffectual motion-yeas, 24; nays, 33-to postpone the bill indefinitely.
[?]SON made an ineffectual motion-yeas, [?]7-to strike out the enacting clause.
[Mr. HEF?]FREN said the conduct of members [?]eeful, and he, for one, was not willing [?] the responsibility.
[Mr. MO?]ODY retorted that the gentleman from [?] [Mr. Heffren] was the author of the [?] which had hindered the passage of the [?]iation bill.
[Mr. JE?]WETT also endeavored to persuade the [?] desist from needless delays, but was met [?]ries of order
[The?] SPEAKER ruled his remarks were not per[tinent?] to the question.
[Mr. McMULLEN?] moved to strike out all after [?]ting clause, which motion the chair decided was out of order.
Mr. JEWETT demanded the previous question on the passage of the bill, which was seconded by the House.
Mr. KESTER moved to take up bill [H. R. 302] to make appropriations for the State Government and its Institutions, and to concur in the report of the Free Conference Committee.
The SPEAKER ruled the motion out of order.
Messrs. JEWETT and GORDON appealed from the decision of the Chair.
Mr. WILLIAMS, of Knox, moved that the House adjourn.
The motion was agreed to by yeas, 47; nays, 37.
So the House adjourned at 12:10 o'clock. Sunday, March 4.
