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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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HOUSE OF REPRESENTATIVES.

MONDAY, January 15,18832 p. m.

The Speaker announced prayer by Representative Brazelton. A roll of the House being ordered and taken, eighty-five members responded to their names.

The Clerk's journal of Saturday's proceedings was being read, when-

Mr. McMULLEN made an ineffectual motion to dispense with the further reading of the Journal.

A message from the Senate announced that the Senate had passed the bill [H. R. 118] to amend Section 4,968 of the Revised Statutes ot 1881, concerning the General Assembly, the business Committees and clerks, authorizing a file clerk, with an amendment adding an emergency clause.

Mr. GIBBON moved to concur in the Senate amendment.

The motion was agreed to.

REPORTS FROM COMMITTEES.

Mr. BRYANT, from the Committee on County and Township Business, reported back Mr. Davis' bill [H. R. 132] a bill to amend Section 243, it being Section 2,145 of the Revised Statutes, relating to swinging doors, with a recommendation that the same do pass. The report was concurred in.

Mr. BRYANT, from the Committee on County and Township Business, reported back Mr. Carr's bill [H. R. 107] for the relief of John C. Cheyney for money paid out by him while School Trustee of the town of Columbia City, Ind., with a recommendation that the same do pass. The report was concurred in.

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Also Mr. Henderson's bill [H. R. 29] to enable the several Counties of the State to sell and dispose of land for the benefit of the school fund, with a recommendation that the same do pass. The report was concurred in.

Also Mr. Mutz's bill [H. R. 78] to legalize the loan of school funds of the several Counties of this State, with a recommendation that the same be indefinitely postponed. The report was concurred in.

Also Mr. Fleece's bill [H. R. 129] to amend Sections 1, 2, and 3 of an act providing for the organization of County Boards, etc., with recommendation that it be indefinitely postponed. The report was concurred in.

Mr. McMULLEN made an ineffectual motion to suspend the rules of the House and take from the table a proposed amendment to the rules in relation to the report of the Committees.

SCHOOL FUND INTEREST.

Mr. BRYANT, from the Committee on County and Township Business, reported back Mr. Andtrim's bill [H. R. 16] to regulate interest on school fund, with a recommendation that the same do pass.

Mr. SMITH, on the question of concuring in the report, said: The question was of too great importance to be hurried through in so summary a manner. This effort to reduce the school fund interest to 6 per cent. per annum wrests at one fell swop one-fourth of the proceeds of the mangnificent vested fund of the Indiana schools from the children of the State. We here assert that every dollar of this fund may be loaned at a much higher rate than 6 per cent.; abundant evidence is at hand to prove this. By the last of the week we will have reports from all the Counties in the State giving full information and for this reason we desire the subject recommitted to the Committee for further consideration.

Mr. GORDON said: I hope gentlemen will not insist on concurring in the report of the Committee. Time out to be given to members to inform themselves as to the facts on this subject. It is one of the most important questions that will be before the House. I have been recently informed by the Auditor of my County that there are calls for the school funds at the present rate to take them out as fast as they are paid in, and I believe that when the facts are ascertained it will be found that largely more than half of the counties in the State will be found to have no funds unloaned.

A motion being made to recommit the bill-

Mr. JEWETT said: I hope the motion to recommit will be carried, and I will say to these gentlemen who desire the rate of interest in the school fund to be fixed at 6 per cent that I am of like opinion. But my belief that the rate of interest should be 6 per cent. rests upon the understanding I have up to this time had that the fund can not be loaned at a higher rate. I do not concur in this position of gentlemen that the rate of interest should be governed by the necessities of the borrow. It is our duty to so legislate as to make the school fund most productive. The State of Indiana does not propose to enter into competition with loan associations in the matter of cheap loans. Its whole concern is to preserve and make productive the Common School fund. If, therefore, by recommitting this bill we can be placed in possession of information that will lead to the conclusion that the money can be loaned at the present rate or at 7 per cent., I am ready to change my opinion, and have no doubt others will. We should proceed with deliberation.

Mr. CABBAGE: I think this question is a plain question, and that 6 per cent. is enough to compel our people to pay. I think the question we are called on to decide is what is a just interest, and not what we could compel the people to pay. We have the power to put the rate of interest at 15 or 20 per cent. I think it would be wrong to make the honest yeomanry of the country pay any more than would be just for the man that borrows pays more than his share of tax, and the man that gives a mortgage on his land pays the same tax as though he had no mortgage on his land. According to this law the man that borrows pays double tax. There is no reason to delay this bill. Six per cent., in my judgment, is enough to make the borrower pay. High interest is destructive to the success of enterprising citizens of the State, I hope this House will not hesitate to vote for 6 per cent. interest. I think it not good policy to make the poor working people of the country pay more than their share of tax to keep up the State schools. It is unjust, and will not be of interest to the welfare of the schools of the State. It is not good statesmanship in my judgment. A farmer that has a mortgage on his farm is less able to send his children to school, and they are the men who borrow most of the school money.

Mr. STERREIT said: I do hope that the motion to recommit will prevail. I do not believe that the members of this House are prepared to vote to lower the rate of interest on our school fund mortgages. At this time in my own County there is no money to be had on such loans at the present rate, and instead of lowering the rate some plain for the distribution of that fund from the Counties where it can not be loaned to places where the money on such loans are in excess of the supply. For that reason I shall favor recommitting the bill.

Mr. PETTIBONE opposed the motion to refer the bill back to the Committee. There is $18,000 of school funds lying idle in the Treasury of his County for the reason that it can not be loaned at 8 per cent., because abundance of money can be borrowed to meet the wants of the people at 6 per cent.

The bill and report was recommitted to the Committee on County and Township Business.

REPORTS FROM COMMITTEES.

Mr. BRYANT, from the Committee on County and Township Business, reported back Mr. Heffren's bill [H. R. 79] to amend Sections 8 and 9- being Sections 4,686 and 4,687 of the Revised Statutes of 1881-of an act concerning elections and the contest thereof with a recommendation that the same do pass. The report was concurred in.

Also Mr. Frazer's bill [H. R. 38] for taxing the ownership of property for school purposes, with a recommendation that the same be indefinitely postponed.

On motion of Mr. FRAZER the bill and report were recommitted to the Committee on the Judiciary.

Also Mr. Smith of Blackford's bill [H. R. 54] to amend Section 2 of an act providing for calling special sessions of Boards of County Commissioners, with the recommendation that it be indefinitely postponed.

The report was concurred in.

Also Mr. Smith's of Blackford, bill [H. R. 122] to amend Section 22 of an act for the relief of the poor, being Section 6,087 of the Revised Statutes of 1881, with the recommendation that the same be indefinitely postponed. The report was concurred in.

Also Mr. Wilson's, of Marion bill, [H. R. 73] to amend Section 58 of the general city incorporation act, with the recommendation that the same be referred to the Committee on Cities and Towns. The report was concurred in.

Also Mr. Brazelton's bill [H. R. 91] concerning the relocation of County Seats, with a recommendation that the title be amended. The report was concurred in.

Mr. KESTER, from the Committee on Agriculture, reported back Mr. Smith's of Lagrange, bill [H. R. 70] to amend Section 6 of the act to encourage the destruction of wolves and foxes, with page: 60[View Page 60] a recommendation that it be indefinitely postponed.

The report was concurred in.

Also Mr. Nave's bill [H. R. 59] in relation to trimming and cutting hedge fence, with a recommendation that the same be indefinitely postponed. On motion of Mr. FRAZER the report was laid on the table.

Also Mr. Holler's bill [H. R. 31] authorizing Boards of County Commissioners to grant bounties for the destruction of woodchucks, owls and hawks, with a recommendation that it do pass. The bill was recommitted.

Also Mr. Weaver's bill [H. R 55] to prevent the Bale of impure butter, with a recommendation that the same do pass. The report was concurred in.

Mr. MUTZ, from the Committee on Agriculture, reported back his bill [H. R. 80] to prohibit the .killing of quails in Indiana, with a recommendation that the same do pass. The report was concurred in.

NEW PROPOSITIONS.

The following described bills were introduced read the first time and severally referred to appropriate Committees unless otherwise stated:

By Mr. TULEY [H. R. 160] prohibiting the selling, bartering or giving away the questions provided by the State Board of Education. It was referred to the Committee on the Judiciary.

By Mr. TULEY [H. R. 161] an act to amend Sections 219 and 222, the same being Sections 6,488 and 6,491 of the Revised Statutes of 1881, concerning taxation. It was referred to the Committee on Ways and Means.

By Mr. JEWETT [H. R. 162] to amend Section 68 of an act repealing all several laws in force for the incorporation of cities. It was referred to the Committee on Cities and Towns.

By Mr. BOWERS [H. R. 163] to legalize the acts of Notaries Public whose commissions have expired. It was referred to the Committee on the Judiciary.

By Mr. HELMS [H R. 164] to amend Section 243 of an act concerning public houses, being Section 2,155 of the code of 1881. It was referred to the Committee on Education.

By Mr. PATTON [S. 165] concerning legal enclosures repealing Sections 1 and 15 of an act, the same being Sections 4,834 and 4,838 of the code of 1881. It was referred to the Committee on Agriculture.

Mr. PETERS offered a resolution that 100 copies of the rules of the House be distributed to the members.

It was adopted.

The House adjourned till 10 o'clock to-morrow under the rules.

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