THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, January 15, 18832 p. m.The LIEUTENANT GOVERNOR took the Chair at the hour to which the Senate adjourned, and commanding order announced prayer by Rev. Edward P. Rawls.
The Secretary's minutes of Friday's proceedings were being read, when-
On motion by Mr. SMITH, of Jay, the further reading was dispensed with.
The LIEUTENANT GOVERNOR announced his reference of different pordons of the Governor's message to the several appropriate Standing Committees of the Senate.
Mr. SPANN, by consent, offered a resolution for the pay of several persons, who assisted in organizing the Senate. It was adopted.
PETITIONS, MEMORIALS AND REMONSTRANCES
Mr. BUNDY presented a petition from citizens of Middletown, Henry County, praying aganist the disfranchisement of any person on account of sex; also a petition from Henry County, asking that the prohibitory amendments to the Constitution be submitted to a vote of the people at a special election. Other like petitions were presented by Mr. Graham of several hundred voters from Tipton and Hamilton Counties; Mr. Van Vorhis from Center Township, Union County; Mr. Sayre from Noble Township, Wabash County; Mr. Smith, of Delaware, from Randolph County, nine petitions containing over 400 names; Mr. Magee from eighty-three voters of Cass County; Mr. Faulkner, from Franklin County, with seventy-six petitioners; Mr. Spann, from over 200 voters in Union County, Mr. Macartney from 380 citizens of DeKalb and several hundred from Steuben County; Mr. Yancey from Hancock and Shelby County; Mr. Adkison from 143 voters of Jackson Township, Miami County; Mr. Foulke of over 100 voters from Wayne County, and ninety from Wayne Township, and forty-four from Dalphin Township, also thirty-four from same Township; also from Franklin and Jackson Townships.
Mr. BUNDY presented a petition from Middletown, Henry County, against the disfranchisement of any person on account of sex.
Petitions praying this General Assembly to take such immediate action as will secure the early repassage and submission of a prohibitory amendment tot he Constitution to a vote of the people at a special election were presented by Messrs. Lindley, Bundy, Graham, Van Vorhis, Smith of Delaware, Magee, Faulkner, Spann, Macartney, Yancey, Adkison, Foulke, Hutchinson, Lockridge, Hostetter, Willard, Hoover, Compton, Johnson. Bischowsky, Ristine, Duncan, Richardson, Marvin, Ernest, Overstreet, Howard, Hilligass, May, Davidson, Youche, Benz, McClure, Mclntosh, Smith of Jay, Johnson, Hill and Bell, which were severally referred to the Committee on Temperance.
THE KANKAKEE RIVER SURVEY.
Mr. HOOVER, from the Committee on Swamp Lands, returned the resolution for printing l,000 copies of the survey of the Kankakee River with a recommendation that it so pass.
Mr. HILLIGASS moved to increase the number to 3 000.
On motion of Mr. HOOVER it was recommitted to the Committee on Swamp Lands.
A PROPOSED COMMITTEE ON PAIRS.
Mr WILLARD offered a resolution that the Chairman of the Democratic and Republican Caucus Committee shall constitute a Committee on Pairs, and when they state a question is a political one, all pairs shall be in force. He thought time would be saved by the adoption of the resolution, and this matter could be settled with certainty in this way.
Mr. YANCEY objected to appointing keepers of consciences for Senators. The opinion of no Chairman of any Committee would govern his action in such a matter.
The LIEUTENANT GOVERNOR thought much time could be saved by the adoption of the resolution.
Mr. VAN VORHIS agreed with the remarks of the Senator from Hancock, Mr. Yancey.
Mr. WILLARD regarded the resolution as only calling from a statement on the question by authorized persons.
Mr. BELL could see no objection to the resolution, and was sure it may save time.
Mr. VAN VORHIS made the point of order that page: 57[View Page 57] the resolution involved a question about which there should be no action by the Senate. It is bringing into this body a part of a caucus-a matter purely between Senators-and should not even be entered on the journal.
The LIEUTENANT GOVERNOR suggested the names of the Senators be embraced in the resolution.
It was rejected upon a division-affirmative, 13; negative not counted,
CONTRACTING CONVICT LABOR.
Mr. JOHNSON offered the following:
Whereas, The present system of letting out the labor of the convicts of our Penitentiaries under a contract to the highest bidder has established in this State and under the authority of the State in the State and under the authority of the State a class of cheap labor;
Whereas, The employment of said convicts in various important manufacturies of this State at the nominal contract price paid by the highest bidder, establishes an unfair and injurious competition between the factories and workshops in which such convicts are employed and the factories and workshops in which free and respectable men are employed;
Whereas, The low and merely nominal prices paid by the contractors for the labor of said Penitentiary convicts materially influence and lower the wages ot the free laborers and workingmen employed in similar workshops and factories;
Whereas, The very fact that the labor of a convict criminal and felon should be permitted to enter into competition with the labor of a free and respectable citizen, and diminish his ability to provide for family and educate his children, is humiliating to the free laborer, and an injustice and a wrong to his family;
Whereas, It is the duty of the State to protect both the material interests and the dignity of the citizens; and
Whereas, The pretext of making our State Prisons self-sustaining by letting out the labor of is no excuse for injuring the private rights and lowering the wages of honest citizens;
Resolved, That the great wrong engendered by the present system of letting out the labor of the convicts in our Penitentiaries under contract to the highest bidder should be remedied as soon as possible;
Resolved, That a Special Committee of five members of the Senate be appointed by the President of the Senate to devise means and plans to have the present system of contract convict labor abolished; and at the same time to utilize the labor of the convicts in such work and employment as may contribute to the maintenance and pecuniary support of the Penitentiaries, but will not interfere with or enter into competition with the labor and compensation of free laborers and citizens.
Mr. JOHNSON said:
MR PRESIDENT-In offering these resolutions not only give exoression to my own sentiments, but I voice the sentiments and opinions of a majority of the people of Indiana, and especially of those who are most interested in their adoption-the laborers and workingmen of the State.
The pernicious system of letting out to the highest bidder the convicts of our Penitentiaries to work in various important branches of industry has grown to be so obnoxious to a majority of the citizens, its obvious injustice to manufacturers employing and compensating only free men and honest laborers, and the cruel wrong thereby inflicted on the latter, whose wages it diminishes and whose families it robs of their comforts-all these evils resulting from the system have of late attracted such general attention, and so loudly call for redress, that I felt the duty incumbent upon me to offer these resolutions, and lay the matter before this honorable body.
This is not a party matter, it is a question in which the great mass of the people, the laboring and working classes, are interested, and which they want looked after and properly solved in this Legislature. All parties, indeed all fair minded and unprejudiced men who examine the question and the official reports concerning the workings and results of the system, come to the conclusion that it should be changed or entirely abolished. The contractor's price for coopers is forty-five cents per day for each man; chair makers and furniture makers are let out for from thirty cents to forty-five cents per day; shoe-makers for thirty-eight to fifty-three cents per day, while the contract price for cigarmakers is only thirty-five cents per day. At these figures contractors secure the services of many hundred able-bodied men, and make them work fully as hard and fully as long as the same class of free laboring men works In similar shops and factories. What is the result? The manufacturer employing convict labor can manufacture his furniture, his shoes, his cigars, and his barrels at from 30 to 60 per cent cheaper than his competitor who employs free and honest laborers whom he must pay $1.50 or $1.75 a day, and frequently by underselling him drives him entirely out of the market. And who is the main sufferer? It is not the wealthy manufacturer who sees his sales decreased and his fat income diminished by the contractor's competition, but it is the Poor and hard-working laborer who has to live and support his family, to educate and bring up his children, and whose wages are often without this unfair competition, already scanty enough and inadequate for the payment of rent, clothing, provisions and wood. No, no, Mr. President, the laborer's wages should not be cut down by a felon' cheap labor, and an honest man's wife and family should not be deprived of their little comforts, much less the necessaries of life, because a wealthy contractor is lucky enough to secure a hundred criminals' labor for a nominal and ridiculous price. I appeal to this Senate to seek the remedy and to apply it to this enormous wrong. And therefore, I now move the adoption of the resolutions which I have had the honor to offer.
Mr. SPANN heartily seconded the resolution.
Mr BELL hoped the resolution would be adopted on its merits, and would be satisfied with the selection of the proposed Committee by the Chair.
Mr. VAN VORHIS proposed to amend by inserting the words, "and inmates of Reformatory Schools and Benevolent Institutions," after the word "Penetentiaries" in the first resolution. The labor of pupils and inmates of these institutions is let out in this contract way, which is an outrage on the pupils as well as the laborers of the State.
Mr JOHNSON accepted the amendment.
Mr. YANCEY favored the resolution because it was pan of his platform. He favored the protection of honest labor, and insisted that labor institutions that employ labor should be protected.;
The resolution was adopted, and the Lieutenant Governor made the Committee to consist of Messrs. Johnson, Foulke, Faulkner, Lindley and Ernest.
MICHIGAN CITY HARBOR.
On motion by Mr. MAGEE his concurrent resolution, offered on Friday, requesting the Secretary of War to order such an appropriation expended as will secure a commodious and safe harbor in Michigan City, was read, with a Committee report recommending its passage.
Mr. SPANN spoke in favor of the resolution. The Secretary of War has been guilty of an arbitrary decision in withholding an appropriation for the only harbor in Indiana, as he understood the matter. The river and harbor bill of the last Congress was in some degree a steal, but this resolution should be adopted.
Mr. WHITE also favored the passage of this resolution. The people of his section of the State desired very much to see something done to improve that harbor.
page: 58[View Page 58]Mr FAULKNER could see no reason why the resolution should not pass.
The resolution was adopted.
FORT WAYNE AND TERRE HAUTE CUSTOM HOUSE
On motion by Mr. BELL the bill [>H. R 148] ceding the jurisdiction of this State over certain lands to the United States-all such parcels of laud selected or hereafter to be selected, for the purpose of the erection of Postoffices, Custom Houses or other houses used expressly by the general Government was taken up, read the first time and referred to the Judiciary Committee
LEON GAMBETTA.
The House concurrent resolution tending sympathy to the French Republic in the loss of the eminent statesman. Mr. Leon Gambetta, coming up and being read-
Mr. SPANN explained that the resolution had been delayed by being lost or misplaced.
The resolution was adopted.
MEXICAN SOLDIERS
The House resolution requesting Representatives and instructing Senators in Congress from Indiana, to favor the passage of a law pensioning Mexican soldiers and sailors or the widows of such soldiers and sailors arming up-
It was adopted on motion by Mr. FOULKE.
NEW PROPOSITIONS.
The following described bills were introduced read the first time and severally referred to appropriate Committees, unless otherwise stated:
By Mr. ADKISON [S. 97] concerning roads and highways-to amend Section 27 of said act-restating to working out road tax. It was referred to the Committee on Roads and Highways.
By Mr. BELL [S. 98] for the preservation of claims against Counties before the Board of County Commissioners and the adjudication thereof. It was referred to the Committee on the Judiciary.
By Mr. BENZ [S. 99] to make it a misdemeanor to defraud a hotel, inn-keeper or boarding house, unless credit is given by express agreement. It was referred to the Committee on the Judiciary.
[Mr. HOSTETTER, on account of ill health, asked and was excused from service on the Committee on Claims and Expenditures, and, on his motion, Mr. Macartney was appointed to fill this vacancy by the consent of the Senate.]
By Mr. DUNCAN [S. 100] for the relief of Joel S. Davis, and authorizing the repayment to him of moneys ($989 02) from the Congressional Township fund, with interest at 8 per cent per annum. It was referred to the Committee on Claims.
By Mr. FLETCHER [S.101] to prevent fraud-in the adulteration of sugars. It was referred to the Committee on Agriculture.
By Mr. JOHNSTON [S. 102] to amend the feeble minded children incorporation act [For the re- organisation of said Institution-the Board to hold, two for four years and one for one year from April next: to have control also of the Soldiers' Orphans' Home.] It was referred to the Judiciary Committee.
By Mr. JOHNSON [S. 103] to provide that laborers and mechanics snail be en tilled to a fixed lien on property, both real and personal, of the employer. It was referred to the Judiciary Committee.
By Mr. MAY, by request, [S 104] to legalize the organization and acts of all macadamized or gravel road companies where they have carried on business in good faith before the act under which they organized went into force.
By Mr. RISTINE [S. 105] to legalize the incorporation of the town of Waynetown in Montgomery County, Indiana, and all the acts of said Town Trustees. It was referred to the Committee on County and Township Business.
By Mr. SPANN [S. 106] requiring hotel propietors to provide fire escapes-where bulling is of the height of two stories or over-for each room, and iron fire ladders from the ground to the pavement to the right or left of each tier of windows, securely fastened to the building. It was referred to the Committee on the Judiciary with instructions[moved by Mr. GRAHAM,] to consider and report at its first reading.
By Mr. VAN VORHIS [S. 107] to define powers of attorney and concerning the recording of the same. It was referred to the Committee on the Judiciary.
By Mr YOUCHE [S. 108] to compel proprietors and keepers of hotels and lodging houses to provide means of escape from fires-of over "two stories in height to provide above the second story a rope or other ladder reaching to the ground, to he kept in good repair and under the control or management of every lodger; notice in each room to be posted explaining the manner of its use. It was referred to the Committee on Judiciary with instructions to consider and report at the same time with the other bill of like character [S. 106].
By Mr. VAN VORHIS [S. 109] to amend Section 123 of the act concerning public offense and their punishment, approved April 14, 1881-relating to any place used or occupied for gaming or any person found in such a place. It was referred to the Judiciary Committee.
By Mr. COMPTON [S. 110] to amend Section 4 of the Gravel Road Company act-Section 3,679 of the Code of 1881-[relating to the Cumberland and another road]. It was referred to the Committee on Roads.
By Mr. BELL [S. 111] to amend Section 618 of the act of April 19, 1881, concerning criminal procedure. It was referred to the Judiciary Committee.
By Mr. YOUCHE [S. 112] to amend Section 618-Section 1,403 of the Revised Statutes of 1881, relating to Master Commissioners.
By Mr. DUNCAN [S. 113] to amend Section 27 of the Justices' act of June 9, 1882, being Section 1,407 of the Revised Statutes of 1881, as applying to changes of venue before Justices. It was referred to the Judiciary Committee.
The Senate then adjourned till 10 a. m. to-morrow, under the rule.
