The Indianapolis journal., 1885-03-04
THE PROCEEDINGS IN DETAIL.
THE SENATE.
A Court Of Claims for the Adjudication of
the States Debts.

the States Debts.
On motion of Mr. Fowler the rules were sHs-
pended yesterday morning. and the Senate took
up consideration of the bill III. r. 260] relating
to mines and mining, which was finally passed
by yeas AZ nays 0.
Mr.. Campbell of Hendricks called up his bill
rs. 341l relating to a court of claims. An
amendment by Mr. Willard to strike out, in Sec
ton l, line 3, the words, son any account what.
ever" was agreed to. Mr.. Weir moved to amend
so as to quiet the title to real estate sold by the
State and fully paid for. The amendment was
agreed to.
Mr.. Foulke--The necessity of this measure is
apparent. It is perfectly evident that
it is necessary to have some proper
court or tribunal which can proceed
according to legal forms to ascertain the
legality Of claims against the State of Indiana
What would be the objection to allowing persons
having claims against the State to file their
claims in the Supreme Court, and have the
Attorney general represent the Statef / move
that all claimants be allowed to file their claims
in the Supreme Court, and that the Attorney
general shall represent the State.
Mr.. CampbeiI-It is great deal less expensive
for court 10 sit and hear witnesses on one of
these claims than for $50 men to sit and hear
the witnesses. Our experience has demon
strated that we are compelled to sit in judgment
on claims involving many thousand dollars Of
which we know almost nothing 1t occurs to
me that it would not only be a hardship to many
claimants to have to file their claims
in the Supreme Court but it would be a burden
to the Supreme Court to put that kind Of busl-
are allowed here that would not be allowed IL a
court. If this bill becomes a law and person
presents claim against the State, we can refer
it to tribunal where it can have just and equita
L l. A~e( W..
ated by Congress it was an experiment, and
from time to time the law governing that court
has been amended until it is satisfactory This
law will only be in operation two years, and
if experience shows that it is i'm
proper it can be amended at the end
of that time. 1t has been said that we
have prosecuting attorneys not honest enough
to represent the people. l consider it an just
ref upon the officers of the State to say
they would not properly look after the interests
of the people. 1t is my opinion that if this bill
becomes a law the amount paid out by the State
for claims will not be more than one-half of
what it now is. The Court Of Claims from 1855
to 1880 considered and adiudieated claims
amounting to $50, 600, 600, and the judgments
rendered were fraction less than $40, O00, 600,
whereas if the claims had gone before Congress
the probabilities were that nearly the whole
amount might have been allowed by Congress-:
Mr. Youche--I am in favor of this billprovded
the amendment proposed by the Senator from
Wayne is adopted. 1t is recognized fact that
the claimant brings his witnesses IN the court,
and it always decides in favor Of claimants
against the whole State. The proposition to
permit the circuit courts of the different coun-
ties to adiudicate upon these matters, / am op-
posed to.
Mr. Mccullough do not believe il would be
just to let courts and prosecuting attorneys
stand between the parties and the claims. If
you open fifty courts to turn loose thousands of
claims upon the State there will be claim
ants here and there who will undertake to get
the State in debt to them for large amounts,
and take the risk of going into court and getting
the claim. There will be no misunderstanding
in regard to claims, if the man who does work
for the State understands that he must work
under written contract. The trouble about
the matter is that men who have no contracts are
continually attempting to GO to the Legislature,
and. without a fair showing, lobby their meas
ures through
Mr. Campbell--Rather than have the bin fail,
if the senators who favor the measure will ac-
cept the amendment of the Senator from
Wayne, will accept it.
Mr. Willard moved to strike out section 3
of the bill, saying: ''rhis is an attempt to de-
stroy altogether the legislative power by making
a continual appropriation bill" The motion was
lost
Mr. Willard then moved to strike out of Sec
ton the words "of any circuit court
The motion was agreed to.
The motion of Mr.. Campbell that the consti-
tutional rule be suspended, and the bill put upon
its passage, was not agreed to-ayes 80, nays 13.
The motion of Mr.. Campbell to engross the bill
was agreed to.
On motion Of Mr.. Smith of Delaware the
constitutional rules were suspended and the Sem
ate took up for consideration Senate bill 327,
which was finally passed-ayes 40, nays 0.
On motion of Mr.. Johnson of Tippecanoe the
constitutional rules were suspended and the
Senate took up for consideration Senate joint
resolution No. 8, prohibiting the hiring of con-
victs to contractors.
Mr. Johnson-This is a very important meas
ure, and one which Governor Porter recon-
mended should be put Immediately into opera
ton. Two years ago had the honor to intro
duce in this Senate resolutions, and afterwards
a bill, looking towards that same thing, and
while majority of the senators then here were
in favor of the measure it failed on account of
want of proper remedy
The resolution was ordered ingrossed.
Afternoon Session.