HOUSE OF REPRESENTATIVES.
FRIDAY, March 20, 1885 - 9 a. m.The call of counties for the introduction of bills was resumed.
PROTECTING LABORERS.
Mr. KLAAS introduced a bill [H. R. 541} for the protection of laborers, which was read the first time.
THE SUPREME COURT.
Mr. KELLISON withdrew his joint resolution [H. R. 1] relative to amending the Constitution by making the number of Supreme Court Judges not less than three nor more than nine, and offered a substitute joint resolution [H. R. 2], as follows:
page: 73[View Page 73]Be It resolved by the House of Representatives, the Senate concurring, That the following amendment is hereby proposed to the Constitution of Indiana: Amend Section 2, Article 7 to read as follows:
The Supreme Court shall consist of not less than six nor more than nine Judges. They shall hold their offices for the term of six years, if they so long behave themselves.
Amend Section 3, Article 7 to read as follows:
The State shall be divided into three districts, and such districts shall be formed of contiguous territory as nearly equal in population as, without dividing a county, the same can be made. Not less than two nor more than three Judges shall be elected from each district and reside therein, but said Judges shall be elected by the electors of the State at Large.
The Judges of the Supreme Court shall be divided into not less than two nor more than three benches, and three Judges shall constitute a bench, and the majority of the Judges in any bench shall constitute a quorum. Each bench of Judges shall have exclusive jurisdiction of such class or classes of appeals and such original jurisdiction as the General Assembly may prescribe. When all the Judges of any bench having jurisdiction of a cause desire it they may submit such cause to all the Judges of the Supreme Court, and in such case a majority of them shall constitute a quorum.
APPROPRIATION BILLS.
Mr. STALEY offered a resolution that the House meet at 7 o'clock this evening to consider the general appropriation bill in Committee of the Whole House.
On motion of Mr. SEARS the resolution was laid on the table.
LIMITING TIME OF SPEECHES.
Mr. PASSAGE offered a resolution that members in the discussion of a measure be limited to five minutes time in discussion, and one minute in the explanation of votes.
The resolution lies over under the rules for one day.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and referred to appropriate committees, except where otherwise stated:
By Mr. McCLELLAND [H. R. 542} concerning assignments of mortgages and cancellation of mechanic's leins.
By Mr. FRENCH [H. R. 543] concerning the compensation of County Treasurers and collecting delinquent taxes.
Section 1. Be it enacted by the General Assembly of the State of Indiana, that the County Treasurers of the State of Indiana shall receive and retain 6 per centum, and no more, of all delinquent taxes by them collected, whether before or after the levy, and also whether before or after such delinquent taxes have been carried over to the next year's duplicate; and no Treasurer shall receive or retain any greater sum than is herein provided, except that they shall be allowed to collect fees and charges for demand, levy and sale, and expenses for caring for the property, as is now provided by law.
Sec. 2. All laws and parts of laws in conflict with this act are hereby repealed.
Sec. 3. Whereas an emergency exists for the immediate taking effect of this act, therefore the same shall be in force from and after its passage.
By Mr. ROBINSON [H. R. 544] for the relief of John Hutchinson, school trustee of Carbon, who lost money by the suspension of the Commercial Bank of Brazil. Passed to the second reading.
By Mr. ENGLE [H. R. 545] concerning the powers of cities and water works. Passed to the second reading.
By Mr McMICHAEL [H. R. 547] concerning the General Assembly and its business. [The bill cuts down the pay of clerks to $4, other employes to $3, and pages to $1.50 per day.]
The bill was passed to the second reading.
By Mr. PATTEN [H. R. 548] regulating estates. The bill was read the first time and passed to a second reading.
By Mr. VICKERY [H. R. 549] to legalize the town of Windfall. Passed to the second reading.
By Mr. SEARS [H. R. 550] concerning the distribution of money in unincorporated towns of Vermillion County. Passed to the second reading.
By Mr. DALE [H. R. 551] concerning abstract of titles. Passed to the second reading.
By Mr. STALEY [H. R. 552] to amend the Revised Statutes, so that all applicants for liquor license shall be residents of the town, township or ward where they apply. Passed to the second reading.
By Mr. TAYLOR [H. R. 553] regulating the division of estates. Passed to the second reading.
COMPLIMENT TO A SOLDIER.
Mr. JAMES0N offered a resolution to compliment Frank L. Denny for his valliant services in the navy at the bombardment of Alexandria.
The resolution was referred to the Committee on Federal Relations.
CONVICT LABOR.
Mr. SMITH, of Tippecanoe, offered the following joint resolution [H. R. 37]:
Resolved, by the General Assembly cf the State of Indiana, That the following amendment to toe Constitution of the State of Indiana be and the same is hereby proposed to-wit: Amend by adding thereto Article 17, so as to read as follows:
Section 1. The labor of the convicts of tbe Penitentiaries of the State shall not be hired out to contractors, corporations or private citizens, nor snail any law be enacted under whose provisions said labor shall in any way or degree pass from under the immediate control and supervision of the State and its officers.
Section 2. The Legislature of the State shall provide by law in what manner and by whom convicts of the Penitentiaries and the inmates of the Reformatory institutions shall be employed, having special regard to the interests of the State and the reformation of the convicts.
It was read the first time.
ADJOURNMENT SINE DIE.
Mr. FLEECE offered a resolution that as time is precious, money scarce and taxes page: 74[View Page 74] high, it is the sense of the House that an early adjournment is desirable.
The resolution was adopted.
FREE GRAVEL ROADS.
In the call of counties for bills on the third reading -
Mr FRAZEE'S bill [H. R. 75] concerning the extension of charters and the maintenance of free gravel roads was read the third time.
Mr. FLOYD moved to recommit the bill, with instructions that at the expiration of the charters the county shall take charge of the roads, no matter what the condition of the same may be.
Mr. ENGLE moved to amend the motion to recommit so that the county shall take charge only if the road is in good repair.
The motion to amend was rejected.
The motion to recommit was also rejected.
The bill was defeated by yeas 33, nays 53
On motion of Mr. ENGLE, the vote defeatiag the bill was reconsidered and the bill recommitted.
HIGHWAYS AND SUPERVISORS.
The Road bill [H. R. 101] was returned from the Senate with amendments; the House refusing to concur in the latter, a conference committee, consisting of Messrs. Gordon and Smith, of Tippecanoe, was appointed, and the Senate notified of the action of the House.
A WAR CLAIM - J. W. PULLEN.
Mr. HOBAN called up Mr. Moody's bill [H. R. 291] to pay John W. Pullen $750 for services in guarding prisoners during the war.
Mr. HOBAN said: The record will show that Mr. Pullen did the service and that he has never received his pay. He is needy and the claim should be paid at once.
Mr. BARNEY: I am not here to advocate the claim on the ground of sympathy, but because it is a just claim. I know it.
Mr. MOODY: I introduced this bill at the request of Mr. Pullen himself, and I know nothing more about it than the testimony sub mitted to the committee appointed to investigate the claim. It was found just. When the law was enacted allowing these claims, Mr. Pullen was in Illinois, and his claim was not audited. This act allowing the Indiana Legion claims, of which Legion Pullen was a member, was passed in 1881. [Reads] The evidence of his Captain is that the claim is just, and is here presented to the Clerk, who will read.
Mr. PATTEN: I do not see that under this law it is necessary for the bill to pass. The law already appropriates the money to pay these claims. No evidence is here presented that he was ever mustered in the service. Let him get that and also his discharge. This bill if passed would upon the door so that every man who drove a team for a quartermaster will be here with a claim.
Mr. MOODY: The argument of the gentleman from Sullivan (Mr. Patten) is suicidal. If a record of a muster and a discharge is all that is necessary, why was the law of 1881 necessary? If this bill is not passed this feeble old man can not get his pay. The money can only be paid on the certificate of the Adjutant General. The record is lost, but his services for the country were not lost. To refuse to pay him is grand larceny.
The bill passed by yeas 57, nays 29.
AFTERNOON SESSION.
Mr. BOOE asked and obtained leave to introduce a resolution that the principal clerk find the number of House bills in the Senate.
The resolution was adopted.
Under a resolution of the House the Clerk subsequently reported there are now fifty-seven House bills pending in the Senate and undisposed of; twelve have been indefinitely postponed and eight passed by the Senate.
MR. LOYD AND THE KNIGHTSTOWN HOME.
MR. LOYD: I arise to a question of privilege. My attention has been called to an article is the Indianapolis Sentinel, of this morning. It is from Knightstown, and says:
KNIGHTSTOWN, Ind., March 18 - We, the undersigned, teachers and employes of the Indiana Asylum for Feeble-minded Children and Soldiers' Orphans' Home, unwilling to longer see a faithful and conscientious officer slandered in the public prints, take the privilege of saying, in answer to Mr. Loyd and Mr. Boyd, who are reported as saying, "The teachers are being discharged and the children abused who testified against Dr. White in the late investigation," that this is unqualifiedly false. The teachers are all in their places and the children are receiving the same good care and attention that they have always had.
This is done without the knowledge or consent of Dr. White.
Alice Brant, Matron; Sallie Egbert nurse of hospital; Kanna Texton, Anna Brayery, Mary L. Longwood, M. Elma Talbert, governess; Mrs. Alice Beltz, teacher Asylum school: Maggie Texton, Mary Avela, governess; Lucien E. Sample, attendant boys' division; Robert H. Hazleton, William M. Perky, baker; Marcy C. Cary, Nelly M. Strode, governess; Mary E. Pfarrer, Ella O'Connell, Lizzie Terry, John Harrison, Mary L. Bundy, cook; Rea B. Cochran, help in dining-room; Ellen Brannenburg, Michael Dewine, Mrs. Bringnorth, James Daugherty, Mrs. L. M. Walker, William Bresland and Maggie Clark.
This is signed by a number of the attaches of the institution. Now I want to say something concerning some of these names to this paper. Miss Elma Talbert, whose name is here signed, is the sweetheart of the son of Dr. White. This Mrs. Alice Baltz is a relative of Dr. White. Mrs. Ames, the governess, does mostly sewing for Dr. White, and most of her time is employed in White's family, although she is paid by the State. Others are -
Mr. CORY (interrupting): I do not see how the dignity of this House is affected by all this reference to those parties.
The Speaker: This is out of order beyond doubt.
page: 75[View Page 75]Mr. LOYD: I will then conform to the ruling of the Speaker. Miss See Ray Wilson was discharged. She took a part in the investigation and was released soon after that. As soon as the statement was made to this House by me that Dr. White was discharging employes, he saw the statement in the newspapers and at once went to Miss Wilson and reinstated her, on condition that she would claim that she had never been discharged. And this bully, Robert Hazleton, whose name is to this paper, is the same one who so mercilessly strapped those little boys and was never taken to account by Dr. White or John M. Goar. I have further testimony against others who have signed that statement. In this House at this very time stands a man who was one of the most useful employes of that institution, who was discharged because he took part in this vindication. He lost his place for the part he took. I say this in justice to myself and Mr. Boyd, who were in that investigation. This Dr. White stood by and knew of this Hazleton strapping the inmates - cruelly punishing them. He knew of children being starved. All this could emanate only from the heartless individual that Dr. White is.
Mr. LOYD referred to a letter he had received from Miss Susie Ray Wilson and handed the same to the reporter. One paragraph referring to Dr. White, reads: "Since the morning papers came he has been raving around the house - says he did not discharge me, etc. But on last Friday, previous to my dismissal, he wrote to Mrs. Laura M. Walker, telling her to come at once, as he could give her a teacher's position. She is now in the house, but has taken no position as yet. * * * My discharge was the topic of conversation throughout the Home, the different ones telling the children that Mr. Walker was coming to be their teacher." Near the end of the letter, the writer says: "Dr. White was here just now and wanted me to make a statement that I had not been discharged. I told him I could not say that, but I would make one stating that I had been, but was not now. He would not accept such, and says that he intends to refute these charges."
THE KNIGHTSTOWN INSTITUTE.
A message from the Senate announced the passage by that body of the bill [H. R. 527] relative to the Knightstown Institute with amendments that one of the Trustees be a woman, and that the salaries of certain officers be increased, etc
Mr. DITTEMORE: I move that the House do not concur in the amendments from the Senate.
Mr. GOODING: I call for a division of the question, so that we may vote on each amendment separately.
The SPEAKER: The chair will so direct. The first amendment provides one member of the Board of Trustees shall be a woman, and, plainly, that one shall be a Republican and one a Democrat.
The amendment was agreed to by yeas 52, nays 37.
Mr. BOYD, explaining his vote, said: I have no objections to a woman on the board, but I am especially anxious that a Republican and a Democrat should serve on the board. I know that the man who outraged the little boys was kept there for two months that he might vote.
The SPEAKER: The gentleman is out of order.
Mr. BOYD: I do not say this as a reflection on Democrats. Both parties are too prone to shield their party men. I vote "aye."
Mr. DEEM: If I thought that a lady would exert any good influence on the board I would vote for the measure; but I have no such faith. And as a woman whipped the soldiers' orphans with a rawhide I am compelled to vote "no."
Mr. GOODING: As the Democrats have to bear the responsibility of the government of this institution I think they should have control of the institution. I do not want to make it a political institution, but, as the responsibility rests on the Democrats, I think they should govern it. So I vote "no."
Mr. HARRELL: I am an Andrew Jackson Democrat and believe that Democrats should control. So I vote "no."
Mr. HOBAN: I believe that a woman is more competent to take care of these children than a man is. I therefore vote "aye."
Mr. KELLISON: For the reason that I believe in purging our benevolent institutions from politics, and for the reason that I believe that woman is the friend of the homeless, the weak and the friendless, I vote "aye."
Mr. LOYD: So far as the non-partisan part is concerned, I favor it; but I do not favor a woman on that board. Women govern the children now, but as I believe the Trustees should be live business men, I vote "no."
Mr. MOUK: As I do not think that the best interests of the State demand a woman on the board I vote "no."
Mr. McBROOME: I do not like the language of the amendment, and I vote "no."
Mr. McMICHAEL: There are more women there now than there ought to be; so I vote "no."
Mr. PATTEN: I am in favor of three women on that board; but that we may have a conference committee, I vote "no."
Mr. ROBINSON: As I do not favor the minority in tine Senate dictating to the working members here, I vote "no."
Mr. TAYLOR: Believing, as I do, that the institution needs the care of a good, motherly, virtuous woman, I think the Senate did right. I think the presence of a woman would avoid scandal. No one can sympathize with the unfortunate like a woman. I vote to concur.
Mr. TOWNSEND: I remember that during the war the women were ministering angels to oar soldiers, and believing that all page: 76[View Page 76] our institutions would be better in the hands of women. I vote "aye."
The SPEAKER: I believe that our institutions would be better in the hands of women - even all the Trustees should be women. I most cheerfully concur in the amendment and vote "aye."
Mr. SMITH, of Tippecanoe: I heartily believe a woman should be a Trustee. I vote "aye."
Mr. BOYD: That we may settle this at once, I change my vote to "aye."
Mr. LOYD: For the reason that we may have this matter settled at once, I also change my vote to "aye."
The result was announced as above.
So the amendment was adopted.
The remaining amendments to increase the salary of the Superintendent from $1,200 to $1,500, and the salary of the Trustee from $490 to $500 per year, were then severally agreed to.
SCHOOL FUND INTEREST.
Mr. DONHOST'S bill [H. R. 115] to reduce the interest on the common school fund from 8 to 7 per cent. failed to pass - yeas, 46; nays, 42 - the affirmative vote not constituting a constitutional majority.
Mr. RIVERS' bill [H. R. 355] prescribing punishment for fishing in the streams of the State with seins, coming up for consideration on the second reading -
Mr. BUTZ offered an amendment exempting the Wabash River from the provisions of the bill.
Mr. DITTEMORE proposed an additional amendment including White River in the exemptions from the provisions of the bill.
Mr. PATTEN further proposed to add to the amendments of Mr. Benz and Mr. Dittemore the words "and their tributaries."
Mr. Patten's amendment was rejected and the others were adopted.
Mr. BARNEY moved to strike St. Joseph River from the exceptions to the provisions of the bill.
This motion was laid on the table.
On motion by Mr. CORY the enacting clause of the bill was stricken out - yeas, 44; nays, 41.
THE TOWN OF ROCKPORT.
Mr. Metcalf's bill [H. R. 384] to legalize the town of Rockport, Spencer County, was passed by yeas 74, nays O.
GRAVEL ROADS REPAIRS.
Mr. FRAZEE'S bill [H. R. 75] relating to keeping in repair free gravel roads, was read the second time and ordered engrossed for the third reading.
CIVIL RIGHTS IN THE CONSTITUTION.
Mr. BEST offered a concurrent resolution to strike from the Constitution the word white, relative to the State militia.
The resolution was adopted by yeas 76, nays 23.
ORPHAN HOMES.
The bill [S. 22] to allow County Commissioners to make purchases for Orphans' Homes, was read the third time and by yeas 73, nays 3.
The House adjourned.
