The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-01
IN THE HOUSE.
The Martin Claim Defeated-Passaee of the
Specific Appropriation Bill and Other Mat
tiers.

The Martin Claim Defeated-Passaee of the
Specific Appropriation Bill and Other Mat
tiers.
WEDNESDAY. Feb. 28-9 A. NJ
The House was opened with prayer by Rev.
Mr.. Clark, of Indianapolis.
A resolution by Mr.. Gerber that the House hold
sessions each evening this week was rejected by
the House.
On motion by Mr.. Jewett, the House resolved
itself into committee Of the whole for the fur
Their consideration of the specific appropriation
bill, with Representative Frazier, of Kosciusko,
in the chair
The question required on the motion to strike
out the John Martin claim.
Mr.. Jewett confessed that up to yesterday he
was under the impression that the claim was
wrong. He desired to say now that if no better
argument could be produced than the argument
offered by the gentleman from Knox (Mr Will
liams) that the claim was the property of a GER
tain bank or wealthy individual the claim
should be paid. Such arguments would sound
better in the sandlOts of San Francisco than In
this House, composed of representatives of
deOt-paylng State. When so eminent and phi
lanthroptc Citizen and one OF his constituents
referring to Mr.. DePauwl, is attacked in this
manner upon this floor, he felt called upon to
sent such attack. AS this was the only way pro
vided for these claims TO be allowed he did not
think the House could afford to reject claim he
cause parties had been pressing It's passage. He
hoped that when the time came to act upon this
claim it would proceed to consider the same
on its fairness a claim.
Mr.. Campbell thought that the manner in
which the claim had been assailed reflected
somewhat upon the committee which reported
stenOgraphie evidence taken before the commit
tee read. This evidence would amply justify the
action taken by the committee on the john Mar
tin claim.
Mr.. Moody desired to call the attention Of the
House TO the act under which the board
acting when it issued this warrant to John Mar
tin Mr.. Moody read the provision of the act
authorizing the board to issue warrants.] If
this board had the power to issue that warrant
in accordance with the provisions of an act, the
State of Indiana is bound to pay the warrant.
You may just as well try to avoid promissory
note, properly signed, as to get rid of this war
rant. The question is simply this: whether or
not we, a representatives of the State, will re-
fuse This warrant which the law authorized this
board 70 issue. Are we now going to undo this
law4 If there is any fault to be found it should
be found with the Legislature that passed this
law granting this board power to issue this war
rant.
Mr.. Wilson, of Marion, after giving a detailed
statement of the disputed points, and the deeis
ion of the court upon the same, stated that
he had it directly from Mr.. Martin himself that
the money he obtained from the bank and for
which he gave this warrant for collateral secur-
ity went to bay brick that entered into the con
struclon of the new Insane Asylum.
On motion by Mr.. Hetfren the committee rose
and reported the recommendation that the fur
ther consideration or the bill he proceeded with
in the House. The report of the committee was
coneurred in.
On motion by MT. Smith, of Tippecanoe, the
House took up the consideration of the specific
appropriation bill.
On motion by Mr.. Akin, to postpone further
consideration of the bill, it was placed on the
table.
The question required on the John Martin
claim.
Mr.. Smith, of Tippecanoe, thought the name Of
the State pledged to the allowance of this
warrant. The warrant was issued by competent
authority and is held by citizen of this State
He believed this is just claim, and in the name
of that Justice which the State OF Indiana has
AWAY exercised toward her citizens, II should be
allowed. Let as keep her escutcheon clear and
untarnished, and let it be said that she had done
no injury to any one of her citizens.
Mr.. Gibson thought 1t would not keep the es-
cuucheon of the State clear by voting this aDpro-
priaton OF nearly $4,000. In his opinion it was
nouhing against the claim that the bank held
this warrant as collateral security. He stated
| that the contract provided tor mason measure
ment and that it was inserted, according to the
indianapolis rules" When this change was
discovered Mr.. Martin was informed that If he
did not desire to accept mason measurement he
must stop work; If you not satisfied with
mason measurement you must not go But
in the face OF this Mr.. Martin went on with the
work From that time until the close OF the
work Mr. Martin accepted this measurement,
and payment accordingly.
| Mr.. Wiley was, when the claim was first pre-
sented before the Judiciary committee, favora-
bly, impressed with its fairness and honesty, and
since he had heard the argument against this
claim he was more impressed with its fairness
! than he was then. He was not acquainted with
Mr.. Martin; did not know whether he was a
! Democrat or Republican, and did not care. Such
a matter would not influence him while consider
ing fair and just claim. The State of Indiana
cannot afford to srultify ana make void con-
! tract made by its proper agents. He was here as
u represent alive of part of the people of the
State of Indiana to say by his voice and his vote
| that the State shall not stultify her contract
with a citizen of Indiana, and for this reason he
WAS in favor OF this claim. IL Is just, and the
! State of Indiana should pay it,
The previous question was moved on the mo
| ton to strike ont the fourth "item." being the
! John Martin claim, which was seconded by tue
| House-yeas 90, nays 27.
| Mr.. Patton, in speaking Of the decision of the
court IN favor of the board issuing this warrant
lie favor of MIR. Martin, said he did not believe
the court had any right TO compel this board to
issue said warrant He knew the claim was UNI
fnae nDdh a I'm xUa 40 tdAh nv r,a
were conyersant with all the facts. 1t was so
decided by former LEGISLATURE This board
claimed that every dollar due John Martin was
paid. He had no objection 10 John Martin, or
any other man who has an honest claim.
The motion TO strike out was agreed to by
yeas sc, nays SO.
Mr. Gibson moved to reconsider the vote to
strike ont, and lay the motion on the table.
The latter motion was agreed to.
Or motion of Mr.. Patton, the twelfth item of
the bill, being the claim OF the Perrin IL GaH Man
1facturing Company of Jacksonville, Ind, for
50. 900. was stricken out.
On motion by Mr.. Schloss the eleventh item of
the bill stricken out, being the claim OF j.
III. Worder for $3.50 for measuring the wall OF
the Insane Hospital.
Mr. Jewett on the adoption of the fourteenth
iteu-being the claim of Teresa ana Charles
Bechteli Tor 81 100 damages on account of the
death Of their father, caused by negligence OF
the State-desired that the claim should be al
lowed oy the House. He was informed thar the
condition of the children is deplOrabe, and the
damage asked is comparatively small.
Mr. Heffrens amendment, requiring that the
money he paid 10 the legal representatives of the
said Brchte Was adopted by the House.
The item as amended was adopted.
Mr.. Schl0ss moved to strike out the fifteenth
item.
A division of the item was demanded.
The question occurred first upon the appro-
priaiion of $500 tor tho purchase of books for
The library OF the Northern Prison.
Mr.. Huston was member OF the committee on
PRISONS and had. with other members, visited
the Northern Prison, He examined the library,