THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, January 22, 1869.The Senate met at ten o'clock a. m.--the Lieutenant Governor in the Chair.
The journal of yesterday was being read when--
On motion of Mr. JOHNSON of Montgomery, its further reading was dispensed with.
Mr. ANDREWS presented a petition praying for legislation to remove the evil growing out of railroad combinations, and fix a limit to the unjust discrimination practiced in local freight and passenger business.
It was referred to the Committee on Railroads.
Mr. GIFFORD returned the bill [S. 67] amending the fifth section of the law of February 1859, regulating Township Business, with a favorable report from the Committee on County and Township business.
APPRAISERS AND DEPUTY APPRAISERS.
The bill [H. R. 8] concerning appraisers of real estate was reported by Mr. CASE from the same Committtee, and its passage recommended.
Mr. JOHNSTON of Montgomery, said it was an important measure and should be passed at an early day, therefore he moved to suspend the rules to that end.
The motion was agreed to by yeas 39, nays 0, and the bill was read by title only the second time.
Mr. BELLAMY moved as an amendment an additional section, providing that the appraiser shall make his report to the County Auditor on the fourth Monday of December, at which time the Board of Equalization shall meet, and the appraisement of 1863 shall remain as the basis of taxation until said appraisement shall have been completed.
Mr. BELLAMY, in his county had a one-legged soldier as appraiser and he desires that the soldier shall have time to do the work himself, and believing it would be for the advantage of the people at large, he hoped the amendment would be adopted.
Mr. JOHNSON of Spencer, in his County had elected an appraiser by the name of Spade, and he desired to see this man Spade over the entire county unaided.
Mr. DENBO hoped the amendment would not prevail. The appraisement made in 1864 was very unequal and unjust, and they much desired a new one upon which to base the taxes for this year.
Mr. WOOD said the reason for its inequality very probably grew out of the necessity for employing too many assistants. He would like to have the law amended so that one man could do the whole work. Be favored the amendment because the appraisement would be more uniform when made by one man than by a half dozen.
Mr. JOHNSTON of Montgomery, opposed the amendment because we have not the time to revise other laws so as to avoid conflicting provisions.
Mr. BELLAMY said this amendment was in accordance with the recommendation of the Governor, and in compliance with heavy petitions that had come up here from every part of the State. There would be no conflict with other laws he was sure.
Mr. HADLEY hoped the amendment would pass, on account of unjust discriminations usual in the appraisements when made by more than one officer. He desired to avoid inequality in taxation. He favored the amendment for the same reason given by the Senator from page: 165[View Page 165] Harrison (Mr. Denbo,) for opposing it. The inequality which he speaks of exists in other counties, and it probably grew out of the number of different men who made the appraisement. He favored putting the work in the hands of one man, and giving him time enough.
Mr. DENBO thought the same result would follow an appraisement made by one man, who was not familiar with the different townships.
Mr. JOHNSTON of Mongomery, asked if the same difficulty spoken of by the Senator from Hendricks (Mr. Hadley) would not exist for the same reason in the appraisement of personal property by Township Appraisers?
Mr. HADLEY said it might, so far as the county was concerned, but it would not be so bad over the entire State, if there was but one Appraiser to a county.
Mr. GREEN thought the amendment killed the very object of the bill. That object is to enable the appraisers to get such assistance as would enable them to have their apprisement on the duplicate this year. With proper assistance the work can be done by June. Since the former appraisement the value of property has been much changed, and is now very unequal. New cities have sprung up, and other changes have increased the value of property in certain sections.
Mr. DENBO said the amendment would not prevent the employment of deputies, but his objection to it grew out of a desire to get rid of the present unequal appraisement as speedily as possible.
Mr. SCOTT remarked that this amendment would derange matters very much. If the bill was passed as it stood, the appraisement could be finished in time. But it is impossible for one man to do it. They may do it in small counties, but not in large ones. He regretted of course, the misfortune of the appraiser in Switzerland having but one leg, but if he had two he could not do the work in his (Vigo) county. He hoped the bill might pass without amendment, thereby allowing the work to go on without clashing.
On motion by Mr. JOHNSTON of Montgomery, the amendment was laid on the table.
The bill was then read the third time, and--
Mr. SCOTT asked and obtained unanimous consent to strike out of the first section the wore "registered" before the word voter, because it might be the cause of much trouble hereafter but upon considering the fact that it was House bill he did not insist upon the amendment.
The bill then finally passed the Senate, as came from the House, by yeas 46, nays 0.
REPORTS FROM COMMITTEES.
Mr. DENBO, from the Committee on the Organization of Courts, returned the bill [S.58 ] amending section sixteen of the officers' fee act of March 2, 1855, with amendments recommending its passage.
Mr. ROBINSON of Madison, from the same Committee, returned the bill [S. 40] to regulate practice as to change of venue in criminal practice, recommending that it be referred to the Judiciary Committee.
Mr. SCOTT, from the same Committee, returned the bill [S. 55] creating the twenty-third judicial circuit, recommending its passage.
Mr. STEIN, from the same Committee, returned the bill [S. 59] regulating changes of venue, etc., with amendments, recommending ts passage.
Mr. ROBINSON of Madison, from the Committee on the Judiciary, returned the bill, [S. 46] providing for the arrest and detention of felons, with a recommendation that it lie on he table.
Mr. HOWK, from the Judiciary Committee, returned the bill, [S. 21] amending the tenth section of the oath and official bond act, recommending that it lie on the table.
These reports were severlly concurred in.
EMPLOYES.
Mr. ARMSTRONG, from a majority of the special Committee on Employes, reported that the Principal Secretary had appointed eight assistants, the Assistant Secretary six, and the Doorkeeper thirteen--total, twenty-seven. They think the number large.
Mr. TURNER, of the minority, simply expressed his dissent, because he thought the number too large.
Mr. HUGHES offered a resolution, which was adopted, recommitting the report, with instructions to report the localities from which the appointees come, their names, and the names of persons upon whose recommendation they were appointed.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, viz:
By Mr. REYNOLDS, [S. 89] amending the act enabling owners of wet lands to drain and reclaim them, etc., approved March 11, 1867, by amending sections three, four, five, six, nine and eleven, and adding a new section.
It was referred to the Committee on Corporations.
By Mr. BRADLEY, [S. 90] to amend the thirty-fourth sub-division of section fifty-three of an act for the incorporation of cities, etc., approved March 14, 1867.
It was referred to the Committee on Corporations.
By Mr. HUFFMAN, [S. 91] to amend section two of the railroad assessment property act, approved December 18; 1855.
page: 166[View Page 166]It was referred to the Committee on Corporations.
By Mr. WOLCOTT, [S. 92] prescibing duration of the terms of the Circuit Court in Jasper and Newton counties.
It was referred to the Committee on Organization of Courts.
By Mr. HOWK, [S. 93] regulating the practice as to making, reading and signing record entries of Circuit Courts and Courts ot Common Pleas.
It was referred to the Committee on the Judiciary.
RESOLUTIONS.
By consent, Mr. KINLEY offered a resolution, which was adopted, instructing the Doorkeeper to prevent tobacco smoking in the Senate chamber.
By consent, Mr. SCOTT, by request, offered a resolution, which he desired should go to the Committee on Printing, directing that five hundred copies of the report of the Trustees of the Wabash and Erie canal be printed for the use of the Senate.
It was so ordered.
TRUSTEES OF NORMAL SCHOOL.
A message from the Governor announced that he had appointed J. M. Olcott as one of the Trustees of the State Normal School, to fill the vacancy occasioned by the resignation of Mr. Kinley, to hold the office until December 20, 1869, and Timothy Nicholson and John Ingle, to hold until December 20, 1871, subject to the concurrence of the Senate.
On motion of Mr. HUGHES, the message was referred to the Committee on Education.
The bill [S. 6] authorizing appraisers of real estate to appoint deputies, fixing their pay etc., coming up on the second reading--
On motion by Mr. HANNA it lies upon the table for the present, as he believed the House bill passed this morning covers the ground.
The bill [S. 24] and other bills on the second reading having been amended the amendments were ordered engrossed.
Mr. BRADLEY called up the Governor's message concerning the Michigan City harbor, and it was referred to a select committee of three.
The LIEUTENANT GOVERNOR subsequently made the committee to consist of Senators Bradley, Scott and Reynolds.
The bill [H. R. 10] amending section fifty-three of the decedents' estate act approved July 16, 1852, was read the second time.
THE GOVERNOR'S BIENNIAL MESSAGE.
Mr. HUGHES called up his motion to reconsider the references heretofore made of the different parts of the Governor's Message, and it was agreed to.
Mr. HUGHES desired to change the reference of the Agricultural College question to the Committee on Education. But he especially objected to two assignments--the first with reference to the Sinking Fund, State debt, etc. The Governor's Message informs us that the whole subject of the State debt is to be brought before this Legislature, and we are to be asked to ratify certain proceedings made without authority of the Legislature, That subject is too large for any single committee of this body, no matter how carefully constituted. He moved to refer that subject to the committee of the Whole Senate. The assignment of War claims should go to the Committee of the Whole also. They are closely identified, and many reasons could be given why these changes should be made, but he would not detain the Senate longer in reciting them. Immense sums of money are expended for printing Adjutant General's books, etc., that should not be printed at all; and these things should be carefully looked into.
The motion was agreed to.
The report of the committee, as amended, was concurred in.
The files of the Senate being cleared--
On motion, at twenty minutes before noon, the Senate took a recess for fifteen minutes.
When the time of the recess had expired--
The LIEUTENANT GOVERNOR called the Senate to order.
Mr. ARMSTRONG, from the special Committee on Mileage of Senators, made a report, reciting the number of miles traveled by each Senator.
The report was concurred in.
The LIEUTENANT GOVERNOR. The time having arrived to proceed with the election of Senator, the Senate will repair to the Hall of the House for that purpose.
When Senators returned--
The Lieutenant Governor in the Chair--
Mr. CRAVENS offered a resolution that when the Senate adjourn, it adjourns to meet at two o'clock on Monday next.
Mr. HUGHES suggested an amendment, that every Senator should deposit his railroad pass with the Secretary before he leaves the city. He desired put a stop to these long adjournments.
Leaves of absence were asked and obtained for Messrs. Turner and Hadley for one week, and for a number of other Senators and also for the Committee on Prisons.
The resolution was then adopted.
On motion, by Mr. ANDREWS, Mr. Gifford was then added to the Committee on Prisons.
And then--
The Senate adjourned untill two o'clock p.m. Monday.
