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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.


THURSDAY, January 4, 1883-10 a. m.

In accordance with a provision of the Constitution of the State of Indiana (Sec. 9, Art. 4). the members of the House of Representatives elected to the Fifty-third General Assembly of the State of Indiana, convened in the Criminal Court Room of the Marion County Court House, and were called to order by the Secretary of State, Hon, E, K. Hawn-Major O. M. Wilson acting as Clerk by appointment of the Secretary of State.

The following named members came forward and received the oath (or affirmation) of office at the hands of Judge Niblack, one of the Judges of the Supreme Court of Indiana:

  • From the Counties of-
  • Posey-Leroy Williams.
  • Gibson-William R. Genung.
  • Vanderburgh-James W. Spain.
  • Vanderburgh-John F. Pruitt.
  • Warrick-James W. Cabbage
  • Pike and Dubois-Morman Fisher.
  • Spencer-William Stephenson.
  • Perry-Phillip Smith.
  • Crawford and Orange-James F. Stucker.
  • Harrison-William D. Mauck.
  • Washington-Horrace Heffren
  • Clarke-George H. D. Gibson
  • Clarke, Scott, and Floyd-Charles L. Jewett.
  • Jefferson-William M. Copeland.
  • Ripley-John B. Kenneday.
  • Switzerland and Ohio-Stephen H. Stewart.
  • Dearborn-Hugh D. McMullen.
  • Franklin-Albert Miller.
  • Jackson-George A. Robertson.
  • Jennings-John Brazelton.
  • Monroe and Brown-John Graham.
  • Lawrence-James McClelland.
  • Daviess-Haman Woodling.
  • Greene-Alexander S. Helms.
  • Knox-Samuel W. Williams.
  • Sullivan-Charles T. Akin.
  • Knox, Sullivan and Greene-James B. Patton.
  • Vigo-Philip Schloss.
  • Vigo-Isaac N. Kester.
  • Clay-James M. Price.
  • Owen-John S. Montgomery.
  • Parke-William Knowles.
  • Vermillion-Josiah Campbell.
  • Wayne-Munford G. Beeson.
  • Wayne-Luther M. Merring.
  • Randolph-Theodore Shockney.
  • Marion-John C. Ferriter.
  • Marion-Jesse Whitsett.
  • Marion-John R. Wilson.
  • Marion-Elisha J. Howland.
  • Marion-William D. Bynum.
  • Hamilton-Milton Hanson.
  • Hendricks-Jacob H. Fleece.
  • Morgan-George A. Adams.
  • Johnson-Orlando Furnas.
  • Shelby-Jacob Mutz.
  • Hancock-Morgan Chandler.
  • Bartholomew-Patrick H. McCormack.
  • Madison-Henry P. Shafer.
  • Madison, Hancock and Henry-Henry Marsh.
  • Marion, Shelby and Bartholomew-Bellamy S. Sutton.
  • Decatur-Oscar L. Pulse.
  • Rush-Ephraim S. Frazee.
  • Fayette and Union-James N. Huston.
  • Henry-John A. Deem.
  • Delaware-Josiah E. Mellett.
  • Grant-Andrew J. Write.
  • Wabash-Henry J. Shively.
  • Kosciusko and Wabash-William D. Frasier.
  • Howard-Michael Thompson.
  • Miami-Nott A. Antrim.
  • Boone-Howard D. Sterrett.
  • Clay, Putnam and Hendricks-Frederick J. B. Robinson.
  • Clinton-DeWitt C. Bryant.
  • Montgomery-John W. Straughan.
  • Putnam-John R. Gordon.
  • Fountain-Joseph S. Nave.
  • Tippecanoe-Benjamin Wilson Smith.
  • Tippecanoe-Harvey Westfall.
  • Benton and White-Truman Kirkpatrick.
  • Newton and Jasper-William W. Gillman.
  • Lake-Harvey Pettibone.
  • Porter-Marquis L. McLelland.
  • Laport-Eugenius W. Davis.
  • St. Joseph and Starke-Alexander H. Henderson.
  • St. Joseph-Christian Holler.
  • Franklin, Dearborn, Ripley-Andrew J. Bowers.
  • Marshall-William Shaw.
  • Fulton and Pulaski-George W. Peters
  • Cass-James Thomas.
  • Kosciusko-John W. Wilson.
  • Elkhart-Cyrus F. Mosier.
  • Warren and Benton-Ulric Z. Wiley.
  • Lagrange-James Smith.
  • Noble-John Gants.
  • De Kalb-Daniel D. Moody.
  • Allen-Joseph D. McHenry.
  • Allen-Erastus L. Chittenden.
  • Whitley-William Carr.
  • Steuben-Doak R. Best.
  • Huntington-John H. Barr.
  • Wells and Blackford-Henry B. Smith.
  • Jay, Adams and Wells-Levi Mock.
  • Adams and Jay-David Eley.
  • Carroll-William H. Weaver.
  • Elkhart, Noble and De Kalb-Eli B. Gerber.
  • Tipton-George W. Ham.

Rev. Myron W. Reed, of the First Presbyterian Church, of Indianapolis, offered prayer.

The SECRETARY OF STATE slated that there was a quorum present and announced the next business in order to be nominations for Speaker of the House.

Mr. HEFFREN placed in nomination Hon, Wm. D Bynum, of Marion County.

Mr. FRAZIER nominated Hon. A. J. Wright, of Grant County. There being no further nominations, the vote resulted for Mr. Bynum 57 votes, for Mr. Wright 41 votes.

Mr. Bynum having received a majority of all the votes cast, was declared by the Chair duly elected Speaker of the Fifty-third General Assembly.

The SECRETARY of STATE appointed Mr. Moody and Mr. Wright as a Committee to escort the newly-elected Speaker to the Chair.

Mr. BYNUM spoke as follows:

"Gentlemen of the House of Representatives:

" I thank you for the honor you have conferred upon me by selecting me to preside over your de- liberations. I regret that I do not bring to the position that legislative experience so necessary to a prompt and efficient discharge of the duties. I promise you, however, that I will strive to obtain a perfect knowledge of the rules which may be adopted for our government, and. when so obtained, shall endeavor to enforce them impartially. I am cognizant of the fact that no presiding officer can successfully discharge the duties of his position without the unqualified support of all the members of the body over which he has control. I shall endeavor to so con- duct myself as to merit not only your support, but also your confidence and esteem. If I am successful I have no fears but what I shall receive them. The time allotted to us in which to trans- act the necessary business of the State is short; yet by diligent labor we can and we ought to com page: 12[View Page 12]plete our work within the regular Constitutional period. The mistake, if it can be called a mistake, of the last Legislature was in the enactment of many laws upon important subjects without due consideration. The people are seldom, if ever, profited by hasty and inconsiderate legislation. It has been truly said that the unforeseen far out number the foreseen consequences of the law, If this be true of well prepared and well matured decisions by the most acute legal minds, what may we expect at best from statues enacted by a legislative body in the brief period of time fixed by our Constitution? We can avoid the errors and escape the censure of former Legislatures by confining our labors strictly to matters of necessity and importance. Whatever laws we may pass should be duly considered and well understood before hand. It is certainly gratifying to us all that, after so many contests, within and without these halls, we meet to legislate for the interests of the State, without any important or exciting political questions to distract our thoughts or disturb our deliberations. Under such circumstances we out to be able to accomplish our labors with credit to ourselves and with satisfaction to our constituents."

Nominations for Principal Clerk being in order,

Mr. GIBSON nominated S. W. Edwins, of Madison County, for Principal Clerk.

Mr. MONTGOMERY nominated W. H> Hay, of Marion County.

There being no further nominations the ballot resulted for Mr. Edwins 57, and for Mr. Hay 39.

Mr. JEWETT nominated for Assistant Clerk William A. Peele, of Johnson County.

Mr. FRAZIER nominated W. J. Nichols, of Boone County.

There being no further nominations the vote resulted for Mr. Peele 56, for Mr. Nichols 40.

Mr. MOODY nominated for Doorkeeper Henry R. Frey, of Grant County.

Mr. STERRITT nominated D. A. Roberts, of Jefferson County.

There being no further nominations, the vote resulted for Frey 56, for Mr. Roberts 41.

Messrs. Edwins, Peele and Frey having received the majority of all the votes cast were sworn into office by Judge Niblack.

Mr. McMULLEN offered the following, which was adopted:

Resolved, That the Clerk inform the Senate that the House of Representatives has organized by the election of Hon. William D. Bynum, of Marion County, as Speaker, S. W. Edwins, of Madison County, as Principal Clerk, W. A. Peele, of Johnson County, as Assistant Clerk, H. B. Frey, of Grant County, Doorkeeper, and is now ready to proceed to legislative business.

Mr. HEFFREN offered the following, which was adopted:

Resolved, That the Rules of the last House of Representatives shall be the rules of this House until otherwise ordered, and that a Committee of three be appointed by the Speaker to report rules for the government of the House, which Committee shall report on Monday next.

Mr. MOODY offered the following, which was adopted:

Resslved, the Senate concurring therin, That the Joint Rules for conducting business in the two Houses of the General Assembly of the State of Indiana, adopted in the last General Session, be and the same are hereby adopted as such Joint Rules for the present session of the General Assembly.

Senators Marvin and Sayer appeared at the Bar of the House and announced themselves as a Committee appointed by the Senate to inform it of the organization of that body.

Mr. SHOCKNEY offered the following, which was adopted:

Resolved, That a Committee of two n the part of the House be appointed to act with a similar Committee on the part of the Senate to wait on His Excellency the Governor to inform him of the organization of the two Houses, and learn of him at what time it will suit his convenience to make whatever communication he may desire to make to the General Assembly.

Mr. MONTGOMERY offered the following, which was adopted:

Resolved, That the thanks of this House be tendered the Secretary of State, E. R. Hawn, and Rev. Myron W. Reed for their services rendered in the organization of this House.

Mr. FLEECE offered the following, which was adopted:

Resolved, That the Doorkeeper be instructed to invite ministers to open the session by prayer each morning.

Mr. WILEY offered the following:

Resolved, That a Committee of three members be appointed by the Speaker, whose duty it shall be to ascertain and report to the House at as early a day as possible how many Committee rooms are at the disposal of the House, and what kind of rooms may be had from the Commissioner of Marion County: and also what rooms may be procured of other persons and at what price such rooms may be had.

The resolution was adopted, and the SPEAKER subsequently made said Committee to consist of Messrs. Wiley, Jewett and Moody.

Mr. DEEM offered the following, which was adopted:

Resolved, That the officers of this House be requested (when the occasion will permit) to give the preference in their appointment of subordinates to soldiers who have lost limbs in the defense of our country.

A resolution was offered for the appointment of a Committee to notify the Senate that the House of Representatives is ready to proceed to legislative business.

On motion, the resolution was laid on the table.

Mr. ADAMS offered the following, which was adopted by consent:

Resolved, That the thanks of this House are hereby tendered to the State Librarian, Mrs. Winsor, for the manner in which she has arranged this hall for our reception and for courtesies extended to the members.

On motion it was ordered that when the House adjourn it adjourn until 10 o'clock to-morrow morning.

A MEMBER-I am informed that the Senate has adjourned till 10 o'clock to-morrow. I move that this House do now adjourn.

Mr. HEFFREN moved that the House take a recess till 2 o'clock-there is no use in fooling away a half day.

A MEMBER-A resolution has been passed that when we adjourn it will be till 10 o'clock to-morrow.

The SPEAKER-This is a motion for a recess. The question is on the adoption of the amendment.

The amendment was agreed to, and the motion as amended was adopted. So the House took a recess till 2 o'clock.


Mr. JEWETT moved to take from the table the resolution authorizing the appointment of a Committee to inform the Senate of the organization of the House. He was sure the Senate had taken a wrong step, and the House should not recede from its action.

Mr. STEWART was at a loss to know how the House can inform the Senate it is organized other than by sending a message to that effect by its Clerk. If the Senate does not received him, how are we to inform the Senate of our organization? He knew no good reason for taking the resolution from the table.

Mr. JEWETT did not think the House, on a mere question of dignity, should fritter away a page: 13[View Page 13] day or two. He could see why a gentleman presenting himself at the door of the Senate. claiming to be a Clerk of the House, should be able to identify himself. We are compelled to take notice of persons constituting the Senate of Indiana, and so is the Senate compelled o take notice of persons constituting the House. The action of the Senate can not be deferred on the plane of common sense. Somebody in the Senate has made a worse mistake than we have in the House. Let us go to business rather than pursue a policy more like schoolboys than legislators and men.

Mr. ANTRIM-The mistake lies not in the action of the House. The House authorized its Clerk to notify the Senate that the House was organized. The Senate failed or refused to receive our communication. It was not a communication from the Clerk, but a communication from the House through its Clerk. We have clone all we can do. The Senate refuses to recognize our messenger. It is responsible for the delay, and the House is not.

Mr. FRAZTER-The Senate has refused to receive a notification from. The House announcing: our organization. There is but one way provided in the joint rules by which messages may be transmitted between the two Houses. There is no rule under which the Senate can send a message to the House by a member of this House. Somebody told our Committee to say something to the House. We have nothing but hearsay that the Senate has refused to accept our message as delivered by the Clerk. He made the point of order that the proper motion is to reconsider, and not to take from the table.

The SPEAKER decided the point of order not well taken.

The pending motion to take from the table was lost-yeas 43; nays, 44.

Pending the roll call-

Mr. A. W. BROOKS, of Allen, and Mr. B. S. GREEN, of Dubois and Martin, appeared at the bar of the House and were sworn in by the Speaker.

Mr. JEWETT offered a resolution for the appointment of a Committee of three to inform the Senate of the organization of the House and that it is ready to proceed with Legislative business.

A MEMBER desired the Clerk to state his action in the matter, and what the message contained.

By consent Mr. Clerk Edwins said: I went into the Senate Chamber, proceeded to the rear of the Chamber, and had the Doorkeeper or Sergeant-at-Arms announce a message from the House as usual. I addressed the President of the Senate, and read the message in the following words: "Mr. President-The House has instructed me to inform the Senate that they organized by the election of Hon. W. D. Bynum, of Marion County, Speaker; S. W. Edwins, of Madison County, Principal Clerk; H. B. Frey, of Grant County, as Doorkeeper, and is now ready to proceed to legislative business.

Mr. CAMPBELL-That is the substance of the resolution now offered, and I don't see the necessity of doing over again what we have done.

On motion of Mr. ANTRIM the resolution was laid on the table upon a division- affirmative, 55; negative, 33, as reported by Messrs. Jewett and Wilson, of Kosciousko, Tellers appointed by the Speaker.

Mr. HEFFREN introduced a bill [H. R. 1] for an act appropriating $125,000 to defray the expenses of the regular session of the Fifty-third General Assembly of Indiana, and other matters connected therewith. Which was read the first time, and under dispensation of the constitutional restriction requiring bills to be read on three several days, was read the second time by title only, the third time by sections and finally passed the House of Representatives-yeas, 93, nays 2.

Mr. McMcullen offered a resolution that the Speaker appoint a Committee of five to report the number of appointees as well as by whom appointed.

It was laid on the table.

Mr. KIRKPATRICK offered a resolution, which was adopted, that the thanks of the House be tendered Hon. 0. M. Wilson for services rendered in assisting in the organization of the House of Representatives.

Mr. HEFFREN-It is necessary that we have the Revised Statues. I am informed that they are on hand, and I move that the Secretary of State be requested to furnish members of the House with one copy each of the Revised Statues, to be returned to the Librarian at the expiration of the session.

The motion was agreed to.

Mr. MONTGOMERY offered a resolution reciting that whereas there are a great many persons anxiously awaiting the action of the General Assembly with regard to the election of officers in its gift, resolved, that a Committee of three be appointed by the House and a like Committee by the Senate to fix a time for such election in the near future.

On motion by Mr. HEFFREN it was laid on the table.

Mr. JEWETT offered a resolution that this House has learned with sincere regret of the death of Hon. H. S> Perrette, a member elected to this House from the County of Floyd, and said:

"I will not detain the House at any length, but it seems to me proper that something should be said when the House is about to take action in memory of the death of one of its members. Very few members had met him. His death occurred under more than ordinarily distressing circumstances, from the fact that the wife of his youth until within two weeks of his death was in the full flush of life. Yet she was stricken down, and he returned from her grave with the grasp of death in his ame. And his death was the more pitiful from the fact that he left three small children, the oldest of which is an inmate of the Asylum for the Deaf and Dumb. He was a man with a career not marked with any great public service, but he was a useful citizen and trusted friend. It was my painful pleasure, if such an expression may be allowed, to attend his funeral, and I never saw love manifested in a greater degree by the people of his neighborhood than at his burial. I move that this resolution be passed by a rising vote.

The resolution was so adopted.

Mr. HEFFREN-As a further mark of respect to the deceased I move that the House do now adjourn.

The motion was agreed to.

And so the House adjourned till to-morrow morning at 10 o'clock under the rule.