The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-28


The bill passed by yeas s., nays Q.
Pending the rollcall-
Mr.. BENZ. when bis name was called, said
this was IN the Specific Appropriation bill
two years ago, but since Senator Fowler has
talked In favor OF lightpiDg.rods l know 10
must.be an honest claim or ne would not
vote for it, therefore / vote aye" Laugh
ter
Mr.. FAULKNER. IN explanation OF his
vote, said: / am decidedly opposed to this
bill. 1 don't believe IL is Just. Another
reason is: II any msn without authority
went to EaglaDd TO BUY a lightning-rod and
put it up II would be a disgrace to the great
name Of Indiana 70 nay the bill. I think it
isworse and more OF a disgrace to say we
haven't q lightning rod hs 70 pat on our
State Institutions in this country therefore
] shall vote mo-
Mr.. MAGEE: Two years ago when this
claim was presented it was put in the 5peci-
claim then because had no time to investi-
gate it. The Senator from Pike vas the
Chairman Of the Committee On Claims. 1
regard him as q very careful man and one
who would not make accommodation
which is not right. an Satisfied IL this
claim should be brought into the courts of
justice ia this State, as ali these claims ought
10 be brought, toe State could make 40 good
and valid defence against this clam N. The
State is able TO pay, and the came rule that
applies in such cases against individuals
ought 10 be enforced as against the State.
She has received the benefit of this work
There may be some question: as to the
authority OF the person who made the con-
trf CT By allowing the rods to remain on the
building. The came laws should apply TO
the State as 10 individuals. l vote aye"
Mr.. MAY, when his name vas called, said:
Two years ago ! was on the Committee on
Q a'ns, and vas not convinced that this
waa a Just claim, and 1 am not convinced
now. / do not believe there was any power
to make any such contract aad for that rea.
son don't believe the State is liable. /
vote mo"
Mr.. SMITH, of Jennings: ] am member
OF the Committee on Claims, and as such /
assisted in the investigation OF this claim.
We did not investigate 1t hastily, bat we
took al the testimony We knew anything
about. as far az / was able to l made as
thorough an investigation as il | had bsen
trying il IS a court, and l am satisfied from
The investigation made that IL 1 hsd been a
Judge OF court with Jurisdiction to sdiadi.
cate the claim. from the same evidences be
fore this committee, as Judge OF the court,
j would have TO decide in favor of the plant
III. The State OK Indiana has provided no
way BY which suit can be brought against
the State, although the Constitution per
mite, by enactment, such proceeding Bat
VIC have no snch enactment, and claimants
are debarTed from recovering except by sp-
pealS 10 the Legislature. / believe If this
claim were presented to a competent court
and tiled mon its merits the claimant would
recover. From these facts conclude the
claim is just. and l vote aye
Mr.. WEIR: as Chairman OF the Com
mittee on Claims ] will state that We gave
this claim fair and csrefal consideration,
and were very well satisfied that this is
Just claim. We acted on the theory If il
a de md rvfdn r. IA
debt this State ought to pay. The State
has o right 10 hide behind her sovereignty
/ believe this is a JUS! claim, and l yoLe
aye"
Mr.. WILLARD: have taken the oppor-
tunity 10 examine this claim, and / believe
it to be Just. consider it an outrage to an
honest claimant that he is forced TO go to a
jury of $50 men for the purpose Of prose-
cutting bis claim. Ii is found under the
provision OF the Constitution, referred to By
the Senator from Jennings allowing the es
Enlistment of q Court of Claims absolutely
impossible in this State. for the reason I'd At
II such course Is permitted every one of
the old internal improvement bonds OF this
State, against which we have passed con-
stltutional provision, would become en-.
forceable in the United States Court. That
has been the difficulty in establishing a
Court of Claims in this State for many years
/ consider il an outrage that people with
honest claims are forced to come to these
bodies with pitiful appeals for an appropri-
alton, and find gentlemen, through motives
Of economy, which / do not question, feel
constrained to vote against il. As far as this
claim is concerned, knowing il to be Just
vote aye
The vote was announced as above.
So the bill passed.
WIDOW OF EDWIN NAY.
Mr.. Thompson's bill Is. 1871 20 allow Sl0,-
70
resolution passed in her favor March 3, 1888,
was read the third time and failed TO pass
by yeas % nays 20.
Pending the roll call
Mr.. FOWLER: I have not been satisfied
that this claim is Just claim due from the
state, and having doubts about il, there
fore vote no"
Mr.. HILLTGAsS: Two years ago whe
this bill Was before the Legislature l resists
il and fought against il. Since that tins
have made some inquiries about the justice
of this claim, and have consulted with men
who ought to know, and l am informed that
this Is just claim and that the State OF IN
diana ought TO pay it. I therefore vote
aye
Mr.. JOHNSON, of Tippecanoe / think
il would establish a very dangerous precs-
dent for the General Assembly TO allow this
claim. Any contractor who might have
money under his contract might come to the
General Assembly and demand indemnity.
] vote no
Mr.. MCCULLOUGH: II the committee
had reported the exact facts they could E
into the Journals and our constituency
conld see what we are voting money for. The
simple statement of Senators that this is a
just claim is no explanation TO our constitu
ents why this Legislature should vote money
out of The Stste Treasury. l vote mo"
Mr.. THOMPSON: ] vas not able 10 ex-
anime into this case. | left that 10 the Com.
mittee on Claims and when such gentlemen
as constitute that committee will come for
ward and say. after looking through the
facts, that this bill should be paid, and when
/ heard that grand old man sitting in that
chair say that the State OF Indiana can not
afford to paw her Just debts. 1 vote aye"
The vote was then announced as above.
So the bill failed to pass.
LIFE TIME CONvICTs.