THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, March 5, 1883-9 a. m.The Senate met at 9 a. m. under the [?]es, Lieutenant Governor Thomas Hanna [in the] Chair.
EXTRA ALLOWANCES.
Mr. HENRY offered a resolution, [?] adopted, allowing $15 each to Me[?] Duncan and Macartney of the Flood [Relief Com?]mittee.
Mr. SPANN offered a resolution allowing[?] day extra to William M. Greensdale, a [?] Clerk. It was adopted by yeas, 30; nays, [16?].
Mr. RISTINE offered a resolution that [?] Pernct, a File Clerk, be allowed $65 extra [?] was adopted by yeas, 19; nays, 17.
Mr. WILLARD offered a resolution [all?] John J. Lingle, a Journal Clerk, $1 per day [?] It was adopted by yeas, 19; nays, 13.
A PROTEST
Mr. SPANN submitted a protest, notice of which he gave on Saturday, to go into the journal of that day it is signed by seventeen Republican Senators, against the Voyles resolution adopted on Saturday night, which makes the veto take precedence of all other business. The resolution was protested against for the following reasons:
- Because said rule is arbitrary and unjust, and made for a partisan purpose and to subserve a political end.
- Because said rule was made by a majority for the special purpose of assisting said majority in the passage of an unjust, unwise and unwholesome and vicious law known as the metropolitan police bill.
- Because said rule was made by a majority to assist in the passage of a bill which should be entitled a bill to destroy the right of the local self-government by the inhabitants of the city of Indianapolis.
- And because said rule is at variance with all other known rules of parliamentary law for the government of parliamentary bodies.
The protest was entered upon the journal.
PRESIDENT PRO TEM. OF THE SENATE.
Mr. MARVIN offered a resolution declaring Rufus Magee, the Senator from Cass County, President pro tem. of the Senate.
Mr. BENZ moved to substitute the name of James H. Willard, Senator from Lawrence.
Mr. MAGEE said this resolution was offered over his protest. Although sensible of the honor, he would not for a single moment allow his name to come in conflict with that of any other Democratic Senator for the honarable place, and therefore declined to accept.
[Mr.] BELL made an ineffectual motion-yeas, 17; nays, 2[?]-to postpone the subject till 2 o'clock.
The amendment [Mr. Benz's] was rejected by yeas, 13; nays, 27.
The resolution was adopted and the Lieutenant Governor appointed Messrs. Marvin and Henry a Committee to conduct the President pro tem. to the Chair.
The Committee having performed that service-
Mr. MAGEE reiterated what he said a moment ago when his name was first mentioned for this honorable position: Though sensible of the honor he did not desire it because of the peculiar position he had occupied during the session. He did not care to have this prominence. He would only say that he was deeply grateful for this kind assurance of good opinion.
Mr. BUNDY moved to allow $1 per day extra pay to E. H. Wells, of the cloak room.
It was adopted.
BREVIER LEGISLATIVE REPORTS.
Mr. SPANN offered the following:
Resolved, That the Auditor of State be and is hereby directed to issue his warrants on the State Treasury at the end of the present session in favor of W. H. Drapier, Stenographic Assembly Reporter, for what may be due him for Brevier Legislative Reports, at the same price paid per page per copy as uniformly paid since 1857, to be pad out of funds appropriated for Legislative expenses; the number of copies for the current session to be the same as heretofore published-ten copies of each to be forwarded, as soon as published, to each member of the General Assembly.
It was adopted by yeas, 25; nays, 15.
JOHNSTON AND OVERSTREET CONTEST.
Mr. BELL offered a resolution for allowance of expenses in the Overstreet versus Johnson contested election case, being a total to Reuben M. Johnson of $1,310.
page: 293[View Page 293]Mr. MAGEE moved to amend by reducing the amount to $500.
Mr BROWN entered a substitute for the amendment and resolution allowing $500 in addition to mileage and per diem.
It was rejected.
Mr. VOYLES said the Senate would not be justified in allowing as much as is proposed by the Committee resolution. It is true the center tor prosecuted the suit in good faith, but the items as set forth in the Committee report are too extensive.
Mr. MAGEE also thought the charges are outrageous and unjustifiable, and for one should vote against the resolution, and entered a protest against appropriating any such sum of money. When a man runs for office he takes his chances of being elected, and ought not to ask the State to pay the expenses of a contest, especially when the majority report says there was no good ground for a contest.
Mr. YOUCHE opposed the resolution, not believing it right to allow these expenses. If it was for the purpose of paying the expenses of one who had the right in the contest, it might be proper to pay the expenses, because under the rules that obtain in a Court of Justice the party gaining the case recovers from the other party. Yet this resolution asks that the State shall come in and for the purpose of encouraging the contest should put her hand in the pocket and pay the cost of the unsuccessful candidate. If this thing is to be encouraged the same rule ought to apply to every man who holds an elective office. The law expressly provides in case of County officers, where a man makes a contest and is unsuccessful is obligated not only to pay his own case, but also the man against whom the contest is made.
Mr. BROWN never was and never would be in favor of paying two persons for occupying one seat in a legislative body. The report of the Committee adopted the other day provides that this contestor shall be paid mileage and per diem, and he moved to amend the amendment by allowing him the sum of $500, and no more.
Mr. FOULKE favored this amendment. He protested against awarding compensation for three attorneys when one is ample for the purpose, and one should have attended to this case from the beginning to the end for the sum of $500.
Mr. ADKISON suggested $200 would be enough.
Mr. HENRY was willing to vote for that much, though the proposition of the Senator from Cass is nearer than any of them.
Mr. BUNDY also thought that the fairest amendment offered. He opposed allowing anything beyond mileage and per diem.
Mr. ADKISON moved to make the allowance $200.
Mr. Henry moved, as a substitute for the amendment and the resolution, $500 in full for per diem and expenses.
Mr. BELL thought it not right to talk about paying the reasonable expenses of this contest with the insignificant sum of $140. There is a principle upon which such action as is proposed is based; and that is to allow the expenses of a contest. It has been acted upon in Congress from time immemorial. Men ought to be encouraged to make a good contest. A contest for a County office holds out a much greater prize. Men run for that office for the money that is in it. Such circumstances don't attend this office. We are all interested in seeing any contest that seems to be fair carried.
Mr. JOHNSON considered this mileage and per diem is allowed for the very purpose of reimbursing the contestant for expenses incurred n the contest. Certainly the contestant has not rendered any service. If the sum is made $500, this Senate has done ample justice to the contestant.
Mr. BROWN considered $140 as nothing like a fair compensation for counsel fees in this case. The depositions were volumulens-about 2,300 pages. Before he would vote the poor, miserable, cringing sum of $140 to pay counsel fees, he would not vote a farthing.
Mr. BENZ didn't know anything about fixing the price of lawyer fees; only we oughtn't to pay Cropsey for loafing around here this winter, and that is what he wants to get pay for, not for contesting this case.
The LIEUTENANT GOVERNOR: Then you don't want to pay him very bad.
Mr. BENZ: No I don't.
Mr. BROWN'S heart was made sick when he moved to amend so that the compensation for legal service shall be $250.
Mr. SAYRE hoped the Senate would stand by the report of the Committee adopted the other day. The Committee find that the services are richly worth the prices charged. The report of the Committee as made to the Senate should be adopted without amendment.
Mr. FOULKE thought he would favor the $500, but failing in that, thought $250 should be allowed.
Mr. MAGEE withdrew his amendment.
On motion by Mr. BROWN the substitute resolution was amended by increasing the amount to $610.
The substitute resolution, as amended by Mr. Brown's motion, so as as to make the total sum $610, was adopted by yeas, 80; nays, 11.
Pending the roll-call, in explanation of votes-
Mr. BELL voted for it because it increases the sum slightly; it is wholly inadequate and unfair nevertheless.
Mr. BENZ remembered a contest six years ago that cost only $79. I can't see why in the dickens we are to pay lawyers for loafing around here abusing people. I vote "aye" all the time. [Laughter.]
Mr. BUNDY didn't think the contestant entitled to mileage and per diem. He voted "aye."
Mr. FAULKNER knew nothing about the fees charged-whether they were high or low-but he did know he would never vote to pay them one cent. He vote "no."
Mr. HENRY voted for the amendment in preference to the original resolution, reserving the right to vote against it as amended.
Mr. LOCKRIDGE stood by the majority report adopted by the Senate which allows the contestor mileage and reasonable expenses. The per diem is $369. This amendment leaves for expenses and attorneaeys' fees $250, which is a very reasonable fee. Therefore, he voted, "aye."
Mr. OVERSTREET asked to be excused from voting, but Mr. Bell objecting, he voted "aye," regarding $500 as reasonable.
Mr. SAYRE believing this sum not enough for reasonable expenses and attorneys' fees, voted "no."
Mr. VAN VORHIS voted for the amendment, reserving the right to vote afterward as he pleased.
Mr. VOYLES, believing this to be about as near as could be arrived at by mutual agreement, voted "aye."
Mr. YOUCHE thought nothing should be allowed the contestant, because he did not make the contest good.
The vote was then announced as above.
So the resolution, as amended, was adopted.
The resolution reported by the Committee as amended was concurred in by yeas, 28; nays, 14.
Pending the roll-call-in explanation,
Mr. ADKISON: Inasmuch as the Senator from Allen and Whitley [Mr. Bell] and the Senator from Marion [Mr. Van Vorhis] failed to stand up to the first proposition in the Committee report, he would not stand up to the second. Therefore he voted "no."
Mr. KEISER voted for the resolution on the ground that the Senate has heretofore decided that Mr. Johnson, the contestant, should have per diem and reasonable expenses. The expenses, as fixed in this resolution, are reasonable; therefore he voted "aye."
Mr. McCULLOUGH ordinarily could not under page: 294[View Page 294]stand why the expenses of an unsuccessful contestor should be paid, but in this case he thought the contestor made out his contest, and for that reason is entitled to expenses, since the report declaring the contestee entitled to the seat was adopted the Senate is bound in honor to pay these expenses; therefore he voted, "aye," believing them reasonable or even below reasonable.
The vote was announced as above.
So the resolution reported by the Committee, as amended by the substitute resolution, was adopted.
Mr BUNDY moved that J. A. West. C. A. Gal- breath, Joseph Friedman and Robert Newland be allowed twenty dollars each f^r finishing the (Copying of the journal this week.
Pending a vote on which-
The Senate took a recess till 2 o'clock p. m
AFTERNOON SESSION.
The resolution pending at the noon recess was adopted.
Mr. VOYLES offered a resolution, which was adopted, allowing the Reading Clerk, Frank A. Smith, $80 extra.
Mr. DAVIDSON offered a resolution allowing Vincent P. Kirk, for the time he was suspended from the office of Doorkeeper.
On motion by Mr. RAHM it was laid on the table.
Mr. RICHARDSON offered a resolution, which was adopted, allowing a number of claims for labor and supplies, amounting to $36.
Mr. SPANN offered a concurrent resolution Authorizing the printing and distributing of all laws passed with an emergency clause.
Mr BELL from the Committee on Elections, reported a resolution for payment of reporters, witnesses, etc., in the contested case of Johnson versus Overstreet, amounting to over $300, pending the reading of which-
A MESSAGE FROM THE HOUSE
at 3:15 o'clock announced the passage of the metropolitan police bill by the House of Representatives, the Governor's veto to the contrary notwithstanding. The message also included the Governor's veto
The LIEUTENANT GOVERNOR directed the message and the veto to be read at once, which was done by the Principal Secretary.
The bill was then passed, the objections of the 'Governor to the contrary notwithstanding, by yeas, 26; nays, 21-as follows:
Yeas-Messrs. Bell, Brown, Compton, Davidson, Duncan, Ernest, Faulkner, Fletcher, Hill, Hilligass, Hoover, Howard, Hutchinson, Johnston of Dearborn, Johnson of Tippecanoe, Magee, Marvin, May, McClure, McCullough, McIntosh, Rahm, Richardson, Smith of Jay, Voyles, Wiliard-26.
Nays-Messrs. Adkinson, Benz, Bichowski, Bundy, Campbell, Fleming, Foulke, Graham, Henry, Keiser, Lockridge, Lindley, Macartney, Overstreet, Ristine, Sayre, Spann, Van Vorhis, White, Yancy, Youche-21.
So the metropolitan police bill was finally passed.
The reading of the resolution paying expenses In in the contested election case was finished.
It was adopted.
Mr. BUNDY offered a concurrent resolution to accept copyright of the Code Commissioners secured on the Revised Statute of 1881, and authorizing the Secretary of State to sell to any person for $2 per volume, for which the Secretary shall be entitled to fifteen cents. It was adopted.
CONTRACT CONVICT LABOR.
Mr. JOHNSON offered the following:
Whereas, From all sections and from nearly every County, the State petitions have come to this General Assembly praying for the abolition of the present system of hiring out the labor of convicts of our Penitentiaries and the inmates of our Reform Schools and Benevolent Institutions, under contract to the highest bidder.
Whereas, A bill passed by the Senate for the regulation of said convict labor aims only at modifying the present system, but falls short of abolishing it and applying the proper remedy for its evil and abuses; and,
Whereas, The short time of the legislative section prevented this General Assembly from finding the proper remedy for this system, which is admitted to be pernicious to the interests of Indiana manufacturers and Indiana mechanics and workingmen,
Resolved, That Committee of three Senators holding over for the General Assembly of 1885 be appointed by the President of the Senate to prepare a bill abolishing the present system of convict labor and substitute a system of employment for the convicts of our Penitentiaries, and the Inmates of our Reformatory School and Benevolent Institutions which will not come in competition with Indiana manufacturers.
Resolved, That the members of said Committee of three Senators shall not be entitled to any compensation for services on the Committee.
The resolution was adopted and the Lieutenant Governor makes the Committee to consist of Messrs. Johnson, Foulke and Campbell.
On motion by Mr. SPANN a Committee of Two-Messrs. Spann and Magee-were appointed to wait on the Governor and ascertain whether Hit Excellency has any further communication to make to the Senate.
The Committee soon returned and reported the Governor has no further communication to make to either Branch of the General Assembly.
On motion by Mr. YANCEY the concurrent resolution of the House authorizing a highway opened across the north end of the grounds of the Asylum for the Deaf and Dumb, was concurred in by the Senate.
Mr. FOULKE offered a resolution declaring it the opinion of the Senate that the action of the House of Representatives, in failing, without sufficient reason, to pass the general appropriation bill during the time allotted for the present regular session, is injurious to the best interests of the people.
Mr. VOYLES raised the point of order that this resolution is out of order, because it attempts to criticise a co-ordinate branch of the General Assembly.
The PRESIDENT pro tem. [Mr. Bundy in the Chair] overruled the point of order.
Messrs Bell and Voyles appealed from the decision of the Chair.
A MESSAGE FROM THE HOUSE
announced that the House of Representatives has concurred in the report of the Senate Conference Committee on the general appropriation bill [H. R 302] and a few minutes after another message announced that the Speaker had signed said bill.
Mr. SPANN-made an ineffectual motion-yeas, 18; nays, 26-that the Senate adjourn sine die.
Mr. FOULKE claiming the floor-
Mr. YANCEY offered a resolution, which was rejected-yeas, 18; nays, 26-that John L. Patterson, Deputy Clerk, be allowed $1 per day extra.
Mr CAMPBELL, explaining his negative vote, said: Upon every proposition which has been made to-day for the payment of additional wages to the employes of this Senate I have voted "no." and shall continue to vote "no." I grant that so far as I know the officers of this Senate may have done their work well; certainly they have been courteous and attentive, but in voting money as a public officer I know of no principle by which to be governed except by the same equity and integrity A I would be in my private business. These employes have sought these positions with the knowledge of the wages paid, which I may add is in all cases nearly if not quite double what they would get in other positions. page: 295[View Page 295] As a, business proposition for personal services not a Senator upon this floor would think of making this additional payment at the expiration of the service, and yet hundreds of dollars have to-day been voted with as much freedom as though the people's money came without burden to them and is to be cared for without responsibility on our part. Men have been voted $6 per day for duties that as a business proposition, no Senator upon this floor would have paid more than $l per day for, and could have got it well done for less than that. I see no ground of equity or integrity for doing this, and hence, as I nave been doing all day, I still vote "no."
Mr. MAGEE offered a resolution that the thanks of this Senate are hereby tendered James Gordon Bennett for his magnificent contribution to the fund for the relief of the sufferers occasioned by the recent floods of the Ohio and Wabash Rivers, and that the secretary of this Senate be authorized to transmit to Mr. Bennett a copy of this resolution.
The resolution was adopted.
Mr. HENRY offered a resolution to pay $5 to a witness before the Fee and Salary Committee.
On motion by Mr. VOYLES it was laid on the table.
Mr. FOULKE still claiming the floor
Mr. VOYLES offered a resolution allowing $45 extra pay to Frederick W, Daniels, Senate Postmaster.
On motion by Mr. HENRY it was laid on the table.
Mr. GRAHAM offered a resolution, which was adopted, allowing $1 a day extra pay to Mrs. L E. Bundy, pa[p?]er folder.
Mr. McINTOSH making an ineffectual motion to lay it on the table
Mr. FOULKE still claiming the floor-
Mr. BROWN insisted that the Democratic party on the floor of the Senate should keep still and allow the Senator from Wayne [Mr. Foulke], who seems to be trying to out Herod the Senator from Rush, to crack his whip and lash it over our backs just as much as he pleases, because if there ever was a set of folks in the Senate lathed, in weapon and out of season, it has been the Republican members of this Senate.
Mr. FOULKE, still claiming the floor, gave way for-
Mr. SPANN, who moved that the Senate adjourn sine die.
The LIEUTENANT GOVERNOR put the motion and declared it, carried and calls for the yeas and nays and boisterous applause.
So at 3:15 o'clock p.m., the Senate adjourned sine die.
