Skip to Content
Indiana University

Search Options


View Options


Table of Contents



Brevier Legislative Reports, Volume XXII, 1885, 656 pp.
previous
next

HOUSE OF REPRESENTATIVES.

MONDAY, Feb. 23, 1885 - 10 a.m.

The session was opened with prayer by Mr. Browning, a Representative from the counties of Monroe and Brown

The SPEAKER ordered a call of the House, which being taken discovered sixty-eight members present and answering to their names.

The reading of the Clerk's journal of Saturday's proceedings was dispensed with.

PROPOSED LIMIT TO DEBATE.

Mr. DITTEMORE offered the following:

Resolved, That all debate during the remainder of all the session shall be limited to five minutes each.

It lies over under the rules for one day.

The House resumed the consideration of Mr. Boyd's bill [H. R. 222], to abolish the office of ditch commissioner, etc., the question being on the amendment of Mr. Engles.

It was rejected.

The bill provides for the appointment of a ditch commissioner by the County Board, instead of the County Court Judge, and that a petition for a ditch shall be signed by a majority of property owners whose lands will be affected by it.

Mr. GOODING moved to amend Section 4 by striking out the words "without a," and inserting in lieu thereof the words "or a jury, as in the civil cases of law."

It was agreed to by yeas 63, nays 5.

On motion of Mr. ADAMS, Section 5 was amended by adding after the word "property" these words: "Or real estate other than that assessed or benefitted."

On motion by Mr. DUNN Section 10 was amended by striking of the words "as in his judgment they may be benefited," and inserting in lieu the words "in like proportion as benefits were assessed against said lands for the construction of said work."

On motion by Mr. GOODING Section was amended by adding after the word "petition" these words: "in all cases of appeal tried in the Circuit Court, and in all final trials in that court provided for in this act, either party shall have the right to demand, and have a jury trial as in other civil cases."

On motion by Mr. KELLISON Section 6 was amended by adding thereto the following:

"Whenever the assessment against any tract of land shall have paid in money, or satisfied by the construction of a portion of said work, as is provided for in Section 5 of this act, it shall be the duty of the Commissioner or person charged with the construction of such work, within thirty days from the time of such payment or satisfaction, to enter satisfaction of such lein upon the margin of the page where such assessments are recorded; or, if this be impracticable for want of room, then on some other page of the same or other record, reference being made thereto by marginal note on the page where such assessment is recorded."

On motion by Mr. ADAMS "ten" was substituted for "twenty" in Section 4.

On motion by Mr. WILLIAMS "ten" was substituted for "three" wherever it occurs in the bill as fixing the time for remonstrance.

On motion by Mr. McHENRY the words "so as to answer its purpose" were stricken from Section 10, and the following words inserted therefor: "so the full dimensions" as to widths, depths and slopes, as required in the original specification.

On motion by Mr. KELLISON the following was added to Section 5:

Provided that in all sales of real estate made under the provisions of this act the owner thereof or any person having an interest therein at the time of sale shall have the right to redeem the same at any time within three years from the date of sale, by paying into the County Treasury for the benefit of the purchaser at such sale the amount for which such land was sold, together with a penalty of 8 per cent. per annum for such time as may have elapsed from the date of sale until the time of such redemption.

On motion by Mr. ENGLE Section 10 was amended by inserting after the word "lands" in Section 10 the words: "or if the same is filled and obstructed by the cattle, horses, hogs 'or other stock of such land owner."

The motion by Mr. TAYLOR the Committee Amendments as amended by the House were ordered engrossed and the bill made a special order for 3 o'clock tomorrow.

HIGH LICENSE.

There were two reports on Mr. McHenry's high license bill, which provides for a $300 license for beer and wine saloons and $500 for those selling all kinds of liquors, the majority recommending its indefinite postponement and the minority that it pass. The latter was laid on the table by a vote of 41 to 26, and the bill wad indefinitely postponed.

The House took a recess for dinner.

AFTERNOON SESSION.

NEW INSANE ASYLUMS.

Mr. GOODING, from the minority of the Committee on Ways and Means, submitted a report on the New Insane Asylum bill [S. 65], recommending its amendment so that page: 240[View Page 240] the one located in Vanderburg County shall completed and equipped, appropriating $150,000 therefor in addition to the unexpected balance under the act of March 7, 1883, one-half of said moneys to be paid in the fiscal year ending October 3l, 1885; also appropriating $40,000 for maintenance to March 1, 1887, and prohibiting any further contracts or expenditures or payments of money for the erection or completion of a Hospital for the Insane located in either the counties of Cass or Wayne, but good care and protection shall be given to the property pertaining thereto. The report concludes as follows:

The undersigned begs leave to briefly submit for the consideration of the House of Representatives some of the reasons why the said bill, without the amendments proposed by him, should not be enacted into a law, and why, if amended as proposed in his minority report, the bill amended should pass and become a law.

It seems now to be very generally conceded that the act of March 7, 1888, authorizing the erection of three additional hospitals for the insane was very unwise legislation and without an real necessity therefor, and in utter disregard of public economy, it is not necessary at this time and here to inquire into the means used or motives by which the enactment was procured. It is sufficient to know that it is the law without the Governor's approval. It is not now or here important or material to comment on the action of the Governor nor of the Board of Commissioners as to the exercise of the wide latitude of discretionary power given them by law. That in some way they were overreached and misled as to the necessity can hardly be a question. The number of insane was most likely greatly exaggerated, and the Board thereby misled. Be this as it may this Legislature is compelled to accept the situation, and to determine what action is best to be taken under all the existing circumstances. It is believed that not more than 800 insane persons of this State, who should be in an insane hospital, are not now provided with a home therein, and that the completion and finishing of the Hospital for the Insane, located at or near Evansville, together with the hospital near Indianapolis and now in use will afford ample accommodations for all the insane of the State who should be inmates of such an institution. That all such should be carefully and generously provided for with suitable accommodations in an Hospital for the Insane is not controverted or questioned, nor is there intent or purpose to refuse any necessary or proper appropriations therefor, but it is not believed that there is at this time, or that there will be for many years to come, any necessity or requirements for the contemplated Insane Hospital in Cass and Wayne Counties.

If the goregoing is correct, then it would seem to be unwise legislation to make further appropriations for the completion and furnishing of the hospitals at Logansport and Richmond. It is now apparent that the erection, completion and furnishing of these two hospitals, with necessary attachments, will cost the State about one million dollars before they are at all ready for use, and annually thereafter the necessary appropriations for the two hospitals, if inmates can be found by searching the State as with a lighted candle, including the pay of officers and employes, about the sum of $300,000. It is now evident that this Legislature will make appropriations in excess of the revenue of the State in a sum of one million dollars or more.

A bill bow already been passed by this House providing for the sale of State lands in the sum of $500,000. It is conceded that it is inexpedient to increase the rate of taxation, leaving from four to six hundred, thousand dollars of indebtedness unprovided for at the adjournment of this Legislature, thereby greatly impairing the State's credit and a future increase of taxation on the people already under the weight of taxation. The adoption of amedments proposed and the enactment of the bill as amended will in the course of a few years save millions of dollars to the taxpayers, and be no loss or detriment to the unfortunate who have the sympathy and good will of all.

None will be damaged but the contractors, whose actual damages will be very small when compared with the actual costs of the State of continuing the work. The people can well afford to pay all the actual damages in preference to paying the annual Treasury. The land purchased and the material furnished can be sold for other uses at no very great loss. In no event would the entire damages exceed $100,000. To go on with the erection, completion end equipping of the two hospitals will cost appropriations not yet made of near $1,000,000, as it is believed, exclusive of the costs of running the same after the completion and equipment.

All of which is respectfully submitted, and the proposed amendments are recommended for adoption.

METROPOLITAN POLICE.

Mr. Bentz's bill [S. 269] to provide a Metropolitan Police in the cities of 20,000 or more, coming up, with a majority recommending its passage, and a minority report recommending its indefinite postponement.

On motion by Mr. WILLIAMS the minority report was laid on the table yeas 58, nays 31.

The majority report was concurred in.

The bill was read the second time.

Mr. ROBINSON moved to amend the bill so that no two of said commissioners shall be of the same political party.

On motion by Mr. DEBS the amendment was laid on the table by yeas 43, nays 40.

Mr. WILLIAMS moved that the bill be ordered engrossed.

On motion by Mr. PATTEN the motion was laid on the table.

Mr. SMITH, of Tippecanoe, moved to amend by providing that that the Commissioners shall be elected by popular municipal vote, and shall represent the parties as provided in the bill.

Mr. BROWNING moved to lay this amendment on the table.

On motion by Mr. PATTEN the further consideration of the bill was postponed until Thursday at 2 o"clock p.m.

PLANTING WILLOWS.

Mr. Hanlon's bill [H. R. 289] for the planting of willows along the banks of streams, was read the second time and ordered engrossed for the third reading.

DOG TAX.

Mr. Brownlee's bill [H. R. 295] in relation to the taxation of dogs, was read the second time.

On motion by Mr. Gordon the following proviso was added to Section 2:

Provided, That all moneys remaining in the County Treasury on the first of May of each year page: 241[View Page 241] arising from said dog tax, in excess of $50 for each of the several townships of the county, shall be set apart of the common school tuition fund of the county and be apportioned to the several townships of the county as other tuition funds are apportioned.

Mr. BEST moved to amend Section 2 by inserting after the word "time" the words "he obtains knowledge."

On motion by Mr. SMITH, of Tippecanoe, the bill and pending amendments was recommitted to the Committee on Agriculture

On motion of Mr.. Gordon it was ordered that the daily sessions of this House shall commence at 9 o'clock a.m.

WOMANS' RIGHTS.

Mrs. Helen M. Gougar addressed a small audience at the House of Representatives at night on female suffrage; her subject being "The Relations of the Present Legislature to the State of Indiana." She was introduced by Mrs. Walace. Mrs. Gouger said that women are debarred from the juries, while men ignorant in every way, men of but merely nominal mental capacities, were not. Women were better jurors than men. Chief Justice Green, of Oregon, had tried women on juries, and had been so pleased with their performance in that position that he would never have a jury unless it was composed of women. Moreover, if a negro could have a jury of his peers, why should not a woman? In touching upon Dr. Hammond's Amercan Review article, written in opposition to woman suffrage, the speaker said that one of his objections was that women were too much inclined toward lying. "If this was a reasonable objection, how many editors," asked Gougar, "would then be allowed to vote?" The ballot was needed by woman. Her influence now had no practical effect. A ballot in the hands of the stupidest, most vicious men had more effect on men and measures in America than all the arguments and appeals of the brightest and best woman in the land. Give woman the ballot and she would vote for principle. But it was argued that woman suffrage would not cause any change, would double the vote, for wives would vote as their husbands did. This was in fact an argument for woman suffrage. The dangerous ballot of this country was the tromp vote, the "no home" vote. Double the "home" vote, and the "no home" would lose its power. Woman suffrage has been tried and was found good and practicable. It improved government. Indiana needed this. There was not a Mayor between South Bend and New Albany that was not a cross between a decent man and a scoundrel. There was no objection to woman suffrage that could not be met and conquered, aside from that of selfishness and prejudice. The Republicans had earned eternal fame by freeing the negro, and Mrs. Gougar urged that the Democratic members of the Legislature should make their party immortal by freeing woman.

previous
next