THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, February 8, 1869.The Senate was called to order at two o'clock, the Lieutenant Governor in the chair.
The Secretary's journal of Friday's proceedings was being read when--
On motion of Mr. ROBINSON of Decatur, the further reading of the minutes was dispensed with.
A message from the Governor, transmitted a record of the proceedings of the Monroe County Board of Commissioners, bidding fifty thousand dollars for the location of the Agricultural College in that county.
It was referred to the Joint Committee on the Agricultural College:
PETITIONS AND MEMORIALS.
The following petitions, etc., were presented and referred to appropriate Committees.
By Mr. FOSDICK, from citizens of Elkhart County for a law preventing sheep and hogs from running at large.
By Mr. CAVEN, a claim of O. B. Stout & Bro. for goods furnished Q. M. Igoe.
By Mr. KINLEY, a petition for the repeal of all laws legalizing the traffic in intoxicating liquors.
By Mr. ANDREWS a petition against railroad consolidations.
By Mr. STEIN a petition of J. H. Wright and others, of Tippecanoe county.
By Mr. BRADLEY and Mr. FOSDICK temperance petitions.
By Mr. WOLCOTT a petition from cotton operatives in Cannelton, praying for a law allowing the proprietors to run and work their employes eleven hours a day.
The LIEUTENANT GOVERNOR announced the special order--being the bill [S. 161] to organize savings' banks, etc.
On motion by Mr. STEIN, it was referred to the Judiciary Committee.
REPORTS FROM COMMITTEES.
Mr. CAVEN, from the Judiciary Committee, returned the bill [S. 84] to repeal thirty-first section of the redemption of real property act, recommending its passage.
Mr. GIFFORD, from the Committee on County and Township Business, returned the petition from Elkhart County against the running at large of hogs and cattle, with a recommendation that it lie on the table.
Mr. HESS, from the Committee on Roads, returned the bill [S. 70] to amend the road law, with an amendment, recommending its passage.
Mr. ROBINSON of Madison, from Judiciary Committee, returned the bill [S. 8] declaring prize fighting a felony, and reported a substitute therefor, recommending its passage.
Mr. SCOTT, from the same committee returned the bill [S. 83] to amend section two of the bill for the evidence of register of sales of Michigan road lands, with an amendment, recommending its passage.
Mr. ROBINSON of Madison, from the Judiciary Committee, returned the bill [S. 10] to repeal the redemption of real property sold on sale, etc., recommending its indefinite postponement.
Mr. BRADLEY, from the majority of the Claims Committee, reported favorably on the claim of Frank D. Allen for some one thousand two hundred and forty-two dollars, and interest from July 2, 1868, being the amount paid Blount & Co., of Evansville, for iron work of the Indianapolis Court Building.
Upon inquiry from Messrs. Rice and Fisher, page: 291[View Page 291] Mr. Bradley had leave to withdraw the report in order to set forth therein the facts in regard to the claim.
Mr. CAVEN, from the Judiciary Committee returned the bill [S. 131] to legalize and declare valid all orders, etc., before the Civil Circuit Court in White County in March last, recommending its passage.
These reports were severally concurred in.
Mr. ROBINSON of Decatur, from the Committe on Roads, returned the petition concerning the exorbitant charge of toll for repairs to the bridge over White River, on the National Road, near the city of Indianapolis, and asking for a repeal of the law under which these charges are made, made the following report.
The law of 1852, authorizing the construction of plank, macadamized and gravel roads, allowed companies building bridges costing one thousand five hundred dollars to charge toll thereon equal to that charged for one mile of road.
In 1855, the law was amended so as to allow companies to charge toll for two miles of road on bridges costing one thousand dollars and for one mile of road on bridges costing five hundred dollars.
In 1867, the latter act was further amended by allowing companies to charge at the same rate for repairing bridges.
Under this latter act, the Central Plank Road Company, it is represented, is now charging toll for repairing the bridge over White River, the repairs consisting, as is understood, in putting a new roof on said bridge.
The bridge, as is well known, was built by the General Government, and the company has had use of the same for many years, free of cost, and the committee concur with the petitioners in the opinion that it is most unjust to allow additional toll for repairs under such circumstances, or indeed under any circumstances, as such repairs do but restore bridges to their condition when erected originally, and for which companies constructing them were allowed to charge toll. Your committee also believe that the law of1852, which allowed companies to charge toll for one mile of road on bridges costing one thousand five hundred dollars, is liberal enough, that amount being less than the average cost of one mile of road.
The committee have, therefore, directed me to report the accompanying bill repealing the third section of the law of 1855, above referred to, and also the law of 1867, and recommend its passage.
The report was concurred in.
RESOLUTIONS.
Mr. KINLEY offered a resolution that the Committee on Prisons be authorized to appoint a sub-committee, of their own number, to examine the condition and management of the State Prison South, with power to send for persons and papers. He said the committee had examined the affairs of the prison just enough to think there was something wrong, and they desired power to appoint this sub-committee.
The resolution was adopted.
Mr. HOUGHTON offered a joint resolution [S. 12] instructing our Senators and requesting our Representatives in Congress, to endeavor to secure the passage of an act for the relief of Mary Burroughs, widow of Charles Burroughs, late a private of Company B, Eighteenth regiment Indiana Militia. He stated that the young man was blown up on the Sultana, and was a laborer in the service of the United States. All proofs necessary to procure his back pay, have been acknowledged, except the Quartermaster's receipt. The Quartermaster's orders cannot be found though some fifty letters have been written in vain to ascertain his whereabouts. The young man's mother is a blind widow and very poor; and it is an act of justice that this pittance should be paid by the government.
The joint resolution was passed the Senate by yeas 39, nays 2.
Mr.JOHNSTON of Montgomery, explained his vote against the resolution, as being a bad precedent, and opening a floodgate which never could be shut again.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and referred to appropriate Committees unless otherwise ordered:
By Mr. HUGHES [S. 197] to provide for an extended and improved system of education in the State of Indiana, by increasing and securing the endowment of the State University at Bloomington, endowing a law school and law library therein by appropriating thereto any net revenues that may arise from the State prisons, or either of them; providing free tuition in said University; establishing and endowing at Indianapolis a medical department of said University; providing for contingent expenses connected therewith, and for the sale or lease of square number twenty-five in Indianapolis; empowering the city of Indianapolis to purchase said square; for the investment and management of the proceeds thereof and the government of said department; declaring the State Normal School at Terre Haute a branch of said State University, and providing seventy-five thousand dollars for the benefit thereof, and adding a Trustee; accepting certain donations from the commissioners of Tippecanoe county and others; establishing the Agricultural College in connection with said State University, and fixing and pledging its location, and providing for its organization and government, and adding a Trustee; providing for matters pertaining to said subject, and declaring an emergency.
Mr. HUGHES moved that two hundred copies be printed, and the bill made the special order for Thursday at two o'clock.
It was agreed to.
By Mr. GREEN [S. 193] authorizing the assessment of lands for the construction of gravel and macadamized roads, and repealing laws in conflict.
By Mr. WOOD [S. 199] to amend sections one and three of the act of March 14, 1867, for the incorporation of cities.
page: 292[View Page 292]By Mr. ROBINSON of Madison, [S. 200] legalizing all assessments made by incorporated cities in 1868, for taxation.
By Mr. HOWK, [S. 201] to revise and amend section five of the act of December 20, 1865, for the organization of Circuit Courts.
By Mr. ROBINSON of Madison, [S. 202] to authorize railroads to sell, lease or otherwise dispose of rights or franchises.
By Mr. ROBINSON of Madison, [S. 203] to amend the act authorizing railroad companies to sell their roads.
By Mr. BlRD, [S. 204] to repeal the registry law.
By Mr. HOWK, [S. 205] to revise and amend section seventy-nine of the act of March 14, 1867, for the incorporation of cities.
By Mr. HENDERSON, [S. 206] to fix the times of holding Courts in the Sixth Judicial Circuit.
By Mr. SCOTT [S. 207] to amend section thirty-seven of the Common School law.
By Mr. CAVEN [S. 208] to authorize county Commissioners to make allowances in certain cases, (to Common Pleas Judges.)
By. Mr. CAVEN [S. 209] to provide for the forfeiture of certain estates held for life or in reversion, on failure to pay taxes.
By Mr. WOLCOTT [S. 210] to define certain offenses and provide punishment therefor; providing for the punishment of persons who usurp judicial powers, and connect themselves with companies to punish crime, declaring it felony, fixing the penalty; providing for the offering of rewards by the Governor, and making an appropriation.
WABASH AND ERIE CANAL BONDS.
Mr. WOLCOTT offered, by unanimous consent, the following concurrent resolution:
BE IT RESOLVED, By the Senate of the State of Indiana, the House of Representatives concurring, ,that the following amendment be proposed to the Constitution of the State of Indiana.
AMENDMENT TO THE CONSTITUTION.
No law or resolution shall ever be passed by the General Assembly of the State of Indiana, that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled an act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville, passed January 19th, 1846, and an act supplemental to said act, passed January 19th, 1847, which by the provisions of the said acts or either of them, shall be payable exclusively from the proceeds of the Canal lands, and the tolls and revenues of the Canal in said acts mentioned, and no such certificate or stock shall ever be paid by this State.
On motion by Mr. CARSON, it was referred to the Judiciary Committee.
Mr. STEIN, by consent, offered a resolution which was adopted, that when the Senate adjourn, it adjourn to meet at ten o'clock tomorrow morning.
BILLS ON THE SECOND READING.
Mr. Kinley's bill [S. 36] prohibiting the retail of intoxicating liquors to be used as a beverage coming up in regular order, it was read with the committee amendments thereto, which was agreed to.
Mr. KINLEY said that as this bill was unadopted and recommended by the State Temperance Alliance and one upon which the temperance people of the State proposed to make their fight. He would move that it be laid on the table and two hundred copies be printed.
Mr. CARSON thought they were printing a good many bills and supposed they were all costing some money. He thought this bill could be readily understood by all without printing it.
Mr. KINLEY responded that he was not asking too much in behalf of the large number of temperance men in the State, and insisted on his motion.
The motion was agreed to.
Mr. Hadley's bill [S. 111] to amend section sixteen of the supervisors' act, of March 9, 1859, coming up in order, it was read the second time.
Mr. ROBINSON of Decatur, said this bill was laid on the table upon the recommendation of the Committee on Roads, but subsequently placed on the files of the Senate on motion of its author. The objection that the Committee had to it was that it proposed to substitute the supervisor for the township trustee in making assessments for damages for entering upon land to obtain material for repairing highways.
Mr. HADLEY explained the operations of the bill. It would annually save many thousand dollars to the State, and work injustice to no one. Under the present law, the expense is heavy, and he showed how it would cost about nine dollars and fifty cents to condemn a tree worth probably two dollars. Under the proposed amendment, viewers could be appointed by the Supervisor on the spot, without delay and with but little expense. It certainly is a wholesome law and should prevail.
Mr. GREEN proposed to amend by appropriately inserting the words "uninclosed lands." He wanted to limit the power of the supervisor of highways.
Mr. HADLEY objected to the amendment, because in some counties there may ne no uninclose lands.
Mr. ARMSTRONG moved to amend the amendment by providing that no material shall be used without first contracting therefore with the owner.
The amendment to the amendment agreed to.
The amendment as amended was also agreed to. The bill was then ordered engrossed for the third reading.
page: 293[View Page 293]Mr. Craven's bill [S. 114] to amend section nineteen of the officers fee bill of March 2, 1855, was read the second time, concerning the fees of Notaries Public, and ordered engrossed for the third reading.
Mr. HUGHES, (by request,) presented a petition from Lieut. Bedee Johnson and others, praying for indemnity, because of law suits had against them as soldiers in the militia, etc. It was referred to the Committee on Military Affairs--Mr. Hughes calling the attention of the committee to laws heretofore passed, appropriated moneys under similar circumstances.
Mr. Howk's bill [S. 135] to amend section two of the redemption of real property sold on execution, etc., approved June 4, 1861, was read the second time.
Mr. BRADLEY moved to amend so as to require the execution debtor to give a bond and security that he will pay the debt.
Mr. HOWK said the bill only proposed to so change the law as to give the purchaser a speedier remedy than now. He was not in favor of the amendment proposed, and spoke of the law as about the only one now on the statute book which was in favor of the debtor.
Mr. STEIN opposed the amendment and was in favor of the redemption law as it stood.
Mr. SCOTT was satisfied that if the amendment prevailed, it must result in the repeal of the law. The purchaser, as it is, usually gets the property for half price, and if it is redeemed, he gets ten per cent. on the money.
The bill was recommitted to the Judiciary Committee, with the instructions proposed in Mr. Bradley's motion.
Mr. Lasselle's bill [S. 142] to amend section five of the County Surveyor's act, was read the second time, with the committee's amendment thereto, which were agreed to.
The bill was ordered engrossed.
Mr. Johnston of Montgomery's bill [S. 152] to ameud section two of the wild game law, was read the second time, with the committee's amendment thereto, which was agreed to.
The bill was ordered engrossed.
Mr. Denbo's bill [S. 165] to authorize Boards of Commissioners to relieve sureties on county officers bonds, on petition of a majority of the voters of the county, was read the second time.
Mr. WOLCOTT saw many dangers connected with such a bill. It provided for relief to be granted upon the petition of a majority of voters. A party vote can nearly always be commanded. He moved to strike out "majority" and insert "two-thirds."
Mr. BRADLEY regarded the bill as radically wrong, as probably affecting vested rights.
Mr. FISHER also regarded the bill as a dangerous opening, and moved its indefinite postponement.
Mr. DENBO explained that there was no provision for County Boards to relieve securities of an officer who had been unfortunately the victim of theft, for instance, and argued that this might safely be left to the discretion of County Boards.
Mr. FISHER thought the reins could not be held too closely in such matters, and it is well not to allow any loopholes for escape. Some times, where treasurers are robbed, it is quite probable they rob themselves.
Mr. ROBINSON of Madison, had a case in point. In his county it would release securities on the official bond of the treasurer, who was a defaulter to the amount of twenty-three thousand dollars. He believed they should be held to a strict accountability.
The bill was indefinitely postponed.
And then--
The Senate adjourned till ten o'clock a. m. to-morrow.
