THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, January 25, 1869.The Senate met at two o'clock, p. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
The Secretary's journal of Friday's proceedings was read and corrected.
PETITIONS AND MEMORIALS.
Mr. CAVEN presented a petition from W. H. Talbott and the widow of Francis Costigan, concerning the contract of Talhott & Costigan for brick work on the Northern Indiana State Prison, praying for the return of moneys expended by them on that account amounting to live thousand two hundred and ninety-one dollars and fifty cents with interest.
Also the claim of L. S. Newell for sheet music, etc., furnished from 1847 to 1853, amounting to several hundred dollars.
They were referred to the Committee on Claims.
Mr. LEE and Mr. HESS presented petitions praying against railroad consolidations, which were referred to the Committee on Corporations.
REPORTS FROM COMMITTEES.
Mr. BELLAMY, from the committee on Education, concerning the appointments of J. M. Olcutt, Timothy Nicholson and John Ingle as trustees of the State Normal School, reported resolutions confirming the first two.
The report was concurred in and the resolutions adopted.
Mr. CAVEN, from the Judiciary Committee, returned the bill [S. 62] amending the law of March 5, 1852, regulating marriages recommending that it lie on the table.
Mr. SCOTT, from the same committee, returned the bill [S. 17] concerning the sale of patent rights, with amendments, recommending its passage.
The report was concurred in and the amendments agreed to.
PURCHASE OF PRIVATE CEMETERIES.
Mr. CAVEN, from the same committee, returned the bill [S. 04] concerning voluntary associations, with an adverse report thereon.
Mr. WOLCOTT. Mr. President: This is a bill I drew at the request of one of my constituents. The object is to enable voluntary associations to acquire property which has been used, by the consent of parties interested, for grave yards. Where bodies have been deposited for a term of years it would seem appropriate that that particular spot should bo sold and that voluntary associations should acquire title to it. I am aware that there is a sanctity connected with such places which should prevent there being desecrated and put to other uses, but believe there should be some positive legislation upon the subject. When there is a difference as regards the value of tho land, the question is referred to the Township Trustee. The quantity of land which may bo required is that occupied by the graves and in addition such as would be necessary for tho appropriate adornment and disposition of the graves and convenient ingress and egress That is all the bill asks for, and it seems to me to be nothing but what is proper. I hope the report of the committee will not be concurred in.
Mr. CAVEN. Mr. President: This bill is for voluntary associations to take possession of grave yards--where bodies have already been buried; and the committee recommend that the bill lie on the table. The bill contemplates taking property without the consent page: 171[View Page 171] of the owner. We already have laws which provides for the purchase of sites for cemeteries--the voluntary association act provides for the formation of companies for the purchase of ground and the laying out of cemeteries. They can only take the ground by purchase. The law already provides that owners of private burying grounds shall have perpetual rights--may say who may be buried there, and I suppose the Legislature has no right to interfere in such cases. Cemeteries are provided for by general acts, and this bill refers only to private burying grounds which are provided for already and we thought this legislation would perhaps be unnecessary.
Mr. WOLCOTT. Mr. President: It has come to my observation frequently, where there has been no organization of cemetery associations under the general law, nor donation of ground, but by common consent of the neighborhood a particular spot has been used--the proprietor, of course, consenting to it,--but there was no right of property outside of his will, and he could order the removal of the bodies if he chose, at any time. It is for the purchase of such places that this bill is intended to effect. It seeks to apply the provisions of a general law to these spots--to take the property at its value. There is no mode under the present law by which property of this kind could be acquired, except upon such terms as the proprietor may see tit to impose. There is no protection in law now for such graves. It seems to me the bill has merits in it, and that it should pass.
Mr. BRADLEY. Mr. President: I trust that the bill will not be disposed of in this way I think it ought to pass, if I understand the provisions of it. After hearing the remarks of the Senator from White, (Mr. Wolcott) it occurs to me that I know of a case very much in point. It would be very injurious to the owners of property in a burying place to have it diverted to some different purpose. For instance: one person establishes a cemetery and he sells lots in it. If it is a large cemetery he tells a portion of the lots, and he afterwards sells the balance of the property to somebody else--which is the largest portion-- and that person may intend to divert the balance of the ground to some different purpose. I think the provisions of that bill ought to be adopted to enable those persons who have purchased lots, to form an association and acquire a title to the balance of that properly and appropriate it to cemetery purposes. It seems to me we should pass that bill.
The report of the committee was not concurred in.
FEES AND SALARIES.
Mr. CAVEN, from the Judiciary Committee returned the bill [S. 68] repealing the bill for a report of fees and salary, approved June 3, 1861, recommending its passage.
Mr. CAVEN recollected that a resolution had been introduced by the Senator from Allen, [Mr. Carson,] inquiring concerning the amount of fees reported to the [Secretary of State, and suggested that it might be well to postpone action upon the report until he was present.
Mr. CASE said this bill could have no bearing upon his resolution, which was merely one of inquiry concerning the amount of lees already reported.
Mr. GREEN was opposed to-the repeal of the law. "We suffer enough under its operations, and should not make it still worse.
Mr. FlSHER well recollected the passage of the law proposed to be repealed and explained that at the time of the passage of the act there was a good deal of talk about the large lees and salaries received by county officers, and its object was to obtain information of the facts in the case. And the Legislature ought to have the information, otherwise we can not know how to arrange and fix the compensation of such officers. He did not know how fully the requiremnts of the law had been complied with, but we should have the information it called for by some means. If this act is a dead letter, a bill should be passed imposing penalties for its neglect, and compelling a compliance with the requirements of its provisions.
Mr. HUMPHREYS stated that there had been a compliance with this act at one session. A report was made to the House of Representatives and printed, but no action on the subject has been taken. Not more than half the officers in the State have even reported under it. Even the first session after its passage quite a number of officers made no report. And it is almost impossible for an officer to report under it, for it takes almost an abstract of his whole year's business to comply with its requirements. County officers seem to be governed by their own rules in the taxation ot lees, and it seems that this law will not bring out the facts in the case. The law ought to be changed in some way, so that officers can report their fees and salaries without so much trouble. It is of no use this way, and unless it can be so changed as to make the report possible without so much difficulty, it had better be off the statute-book than on it.
The Committee's report was concurred in.
REPORTS FROM COMMITTEES.
Mr. SCOTT, from the Judiciary Committee, returned the bill [S. 26] fixing the salaries of Common Pleas Judges, recommending that it lie on the table.
Mr. STEIN, from the same Committee, returned the bill [S. 54] authorizing cities to establish public parks, with a, similar report.
page: 172[View Page 172]Mr. CAVEN, from the same Committee returned the bill [S. 68] amending section one of the horse thief detective act, of March 9, 1862, with amendments, recommending its passage.
The amendments were agreed to.
The report was then laid on the table until the return of its author.
Mr. STEIN, from the same committee, returned the bill [S. 56] amending sections one hundred and thirty-three and one hundred and thirty-four of the decedents estate act, with amendment, recommending its passage.
The amendment was agreed to.
Mr. RICE, from the Judiciary Committee returned the bill [S. 51] amending section nine and repealing part of section sixteen of the act concerning the partition of estates, approved May 20,1852, with an amendment recommending its passage.
The amendment was agreed to.
FORFIETED RECOGNIZANCES.
Mr. RICE, from the same Committee, returned the bill [S. 50] providing for collection of forfeited recognizances, with a recommendation that it lie on the table.
Mr. KINLEY, who introduced this bill, said that in counties where there are criminal courts he thought there was a necessity for some such law. In his own county (Wayne) there are forfeited recognizances to the amount of eight thousand dollars uncollected, as the opinion there existing is that there is no way to collect them, the Criminal Court having no jurisdiction in civil cases, such as these would be. This sum should go into the school fund. He understood this bill afforded a remedy. The object of the bill was to give the Criminal Courts jurisdiction to collect them.
Mr. CAVEN said, the objection to this bill is, that it proposes to give a limited civil jurisdiction to the Criminal Court, where the desire was, at the time of their formation, and still is to give them criminal jurisdiction, exclusively. Suit may be brought on such recognizances in the Civil Circuit or Common Pleas Courts.
Mr. BRADLEY said they could be collected by suit in the courts having jurisdiction.
The report was concurred in upon a division--affirmative 13, negative 9.
Mr. CAVEN, from the Judiciary Committee, returned the bill, [S. 69] amending section 455 of the general practice act, recommending its passage.
The above committee reports were severally concurred in.
Mr. CAVEN, from the Judiciary Committee returned the bill [S. 72] amending section eighteen of article eight, May 15, 1852, regulating descents and apportionment of estates, recommending that it lie on the table. The report lies on the table till the return of its author.
RESOLUTIONS.
Mr. BRADLEY, from the select Committee on the communication of the Governor relative to the harbor at Michigan City, reported a joint resolution, [S. 4] requesting the Congress of the United States to make such an appropriation as may be necessary to complete the harbor at Michigan City.
On motion by Mr. FISHER, the resolution was passed over till to-morrow.
Mr. GREEN offerred a resolution, which was rejected, that the State Librarian purchase a coal stove for the Enrolling Clerk's room.
Subsequently, on motion by Mr. RICE, the vote was reconsidered and the resolution was adopted.
Mr. HUGHES offered a resolution, which was adopted, that the Committees on Congressional and Legislative Appropriations be constituted a committee (selecting their own chairman) to consider the expediency of revising the Congressional apportionment, and proceed to the discharge of that duty.
OUR NATIONAL FINANCES.
Mr. WOLCOTT offered a joint resolution [S. 5] as follows:
RESOLVED, By the General Assembly of the Stnte of Indiana, that our Representatives in Congress be requested, and our Senators instructed, to "oppose by their influence and votes the passage of any hill in Congress legalizing coin contracts until the United States shall redeem its legal tender notes in coin.
Mr. WOLCOTT said he was induced to offer this resolution, because he noticed that hill's were pending in both Houses of Congress, preposing to authorize the recognition of contracts made upon a coin basis. He regarded any such action as exceedingly ill-advised, tending to throw the money more and more into the hands of the non-producing class. The evils indicated by such action, in his opinion, were very serious. The legislation in Congress seems to be for the capitalist as against the producer.
Mr. HUGHES offered, as a substitute, the following:
RESOLVED, That the Committee on Finance be and they are hereby instructed to inquire into the subject of our national finances, and to report resolutions of instruction to our Senators in Congress in favor of such plans as, after examination, shall to them seem most conducive to the national credit, and best calculated to relieve the people of the State.
On his motion the two resolutions were referred to the Committee on Finance.
Mr. CAVEN offered the following joint resolution, [S. 6.]
BE IT RESOLVED by the General Assembly of the State of Indiana, That our Senators in Congress be instructed, and our Representatives be requested to use their influence to procure the passage of an net of Congress authorizing the Secretary of the Treasury to receive coupons of United States bonds, in
page: 173[View Page 173]payment of impost duties, and permitting such coupons to be so received one year or more in advance of their becoming due; or if deemed more convenient, to authorize the issue of United States notes expressly exchangeable for such coupons, so in advance of becoming due, and providing that such notes shall be receivable for duties, but not payable at the Treasury.
It was referred to the Committee on Finance.
Mr. STEIN offered a resolution, which was adopted, directing the Librarian to furnish each Senator and officer of the Senate with one-half ream of illustrated letter paper.
A message from the Governor was read in relation to his appointment of a commissioner of the House of Refuge--Judson R. Osgood, for six years from March 1, 1869, soliciting his confirmation.
It was referred to the Committee on the House of Refuge.
The report of Trustees of the State University was sent in by the Governor.
It was referred to the Committee on Education.
The LIEUTENANT GOVERNOR makes the Committee on the House of Refuge to consist of Messrs. Hooper, Hadley, Case, Elliot, Bird, Bradley and Henderson.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, viz:
By Mr. CRAVENS [S. 94.] Touching the Consolidation of Railroads. The bill provides that where a railroad of the State shall consolidate with any other, its special charter shall be regarded as forfeited, and it shall be placed upon the foundation of the general law. The bill is also retroactive, declaring that by so consolidating with other roads, the special charter has been forfeited.
Mr. CRAVENS said that there were but two subjects which would probably come before this Legislature upon which he would ask a reference to a special committee, and this was one of them. From the number of petitions coming up here, it is evident that the people are anxious for some prompt action. He moved its reference to a select committee of five.
It was so referred.
The LIEUTENANT GOVERNOR announced the committee as follows: Messrs. Cravens, Hanna, Hughes, Stein and Bradley.
By Mr. BRADLEY [S. 95] to amend section three hundred and three of the Civil Practice act.
By Mr. WOOD [S. 96] to prohibit judges from practising in any courts where the case on appeal might come to them, or county officers in any court of the county.
By Mr. BELLAMY [S. 97] making an appropriation of four hundred and thirteen thousand five hundred and ninety-nine dollars and forty-eight cents, to pay the Morgan raid claims.
By Mr. GREEN [S. 98] to provide for the assessment and collection of municipal taxes upon stocks of banks or banking associations.
By Mr. HUGHES [S. 99] to establish an Agricultural College in connection with the State University at Bloomington.
By Mr. HUGHES [S. 100] to amend section six of the act of March 2, 1859, for the relief of the State University.
By Mr. HUGHES [S. 101] to authorize the Trustees of the State University to establish a Medical College.
By Mr. GREEN [S. 102] to amend division five of section three hundred and twenty-four of the Civil Practice act.
By Mr. CASE [S. 103] to amend section seven of the Divorce act.
By Mr. STEIN [S. 104] for the appointment of official reporters for courts in the State.
By Mr. CASE [S. 105] to repeal the act of June, 4, 1852, concerning County Treasurers.
By Mr. LASELLE [S. 106] to amend section 124 of the act regulating descents.
It was referred to the Committee on Rights and Privileges.
By Mr. CAVEN [S. 107] to amend section two and of the act of May 14, 1852, for incorporating county libraries.
By Mr. BELLAMY [S. 108] to amend section two of the registry act.
It was referred to the Committee on Elections.
Pending the order for the introduction of bills--
Mr. HUGHES asked and obtained leave to introduce a resolution, which was adopted, setting forth that upon the consideration of all questions concerning the location of the Agricultural College, members of the Committee on Agriculture shall be members of the committee on Education, and that all bills and propositions affecting said subject shall be referred to said committee.
The LIEUTENANT GOVERNOR announced that sickness in his family at home and other matters will prevent his attendance at sessions of the Senate for a day or two.
And then--
The Senate adjourned till nine o'clock tomorrow morning.
