STOCK KILLED BY RAILROADS.
The PRESIDENT announced the order to be the consideration of Senator Craven's bill 48-see page 59 Of these Reports-the question being on recommitting, with instructions pending at the time of adjournment last Monday.
Mr. CRAVEN hoped the Senator from Ripley or other Senators will not attempt to load down this proposition with amendments that will tend to kill it; but that the Senate will consent to take a direct vote upon it.
Mr. HULL desired to deal justice to both farmers and railroads, and insisted upon his instructions with regard to the killing of stock at the crossings of highways.
On motion by Mr. COBB, the motions to recommit were laid on the table.
Mr. JOHNSON moved to recommit, with instructions to strike out the word "two-thirds" and insert the word "one-half." He was not here particularly to legislate for those who allow their stock to run at large for the purpose of being killed by railroads, but was willing to divide this thing equally and fairly. He did not think the railroads should be made to pay more than one-half the value of stock killed by accident.
Mr. NEWCOMB doubted whether the Supreme Court would sustain this bill if passed into a law. There is no justice in requiring roads to pay for stock killed at the crossings of streets or highways. The bill should be entitled "An act to fence up the State of Indiana," for it requires, by implication, that all the public highways should be fenced up. It is in effect repealing the highway law. He had no hesitation in voting against the bill.
The motion to recommit was rejected.
Mr. MARCH suggested that a justice of the peace should have jurisdiction only in the amount usual. The bill now gives concurrent jurisdiction to judges of circuit and common pleas courts and justices of the peace. He moved to recommit, with instructions to amend by adding, that "actions brought under the provisions of tills act shall be governed by the same rules as to the jurisdiction and fixing of costs, as far as relates to matters" in,controversy, as in other civil cases."
Mr. BEESON submitted further instructions, providing that said stock so killed were adjacent to the land or in care of the owner of said stock.
Mr. CRAVEN made an ineffectual motion to lay this motion to refer on the table. The bill was then recommitted with the instructions submitted.
