AFTERNOON SESSION.
The SPEAKER resumed at 2 o'clock and announced the consideration of Mr Dunns' judicial commission bill [H. R. 389]the question being on the engrossment and final passage thereof.
Mr. COTTON proposed to amend, by striking out and inserting a clause allowing the commission to sit one hundred days in stead of one hundred and fifty days, which was adopted by consent.
Mr. DAVIS, of Floyd, took the floor and spoke briefly for the passage of the bill, and by way of reply to the objections submitted.
Mr. VATER proposed to amend by inserting a provision requiring that one of these commissioners shall not be a lawyer, which was laid on the table.
Mr. WILLSON spoke of the difficulties in which the judicial system of the State is involved, as calling loudly for the work of this commission.
Mr. JOHNSTON, of Parke, demanded the previous question, and under its pressure the bill (being considered as engrossed,and having been read the third time as amended) was finally passed the House of Representatives-yeas 51, nays 30, with an amendment to the title so as to include the words, "and the Code of Practice."
THE CALENDAR.
Mr. Johnston, of Parke's, bill [H. R. 234] declaratory of the meaning of sections 14 and 16 of the Landlord's and Tenants act of March 20, 1852, and to authorize and give a right of action by one joint tenant, tenant in common or tenant in coparcenary, and to recover rents for use and occupation of land for such tenant in possession, etc., coming up-
Mr. JOHNSTON explained that it provides where two persons own land jointly, and one has sole control and use, he shall be responsible to the other for his share of the profits.
The bill was finally passed the House-yeas 65, nays 14.
Mr. Vater's bill [H. R. 219] to amend the page: 175[View Page 175] bank shares tax act of March 5, 1867, so as make such shares taxable for municipal purposes, was taken up and laid on the table as matter superceded by the passage of a Senate bill.
LAFAYETTE INSURANCE COMPANY.
Mr. Breckinridge's bill [H. R. 145] to amend sections 1, 6 and 9 of the charter of the Lafayette Insurance Company, was taken up arid finally passed the House -yeas 73, nays 6-Mr. Breckinridge explaining that it merely provides for extending the time of the charter, for raising the capital stock to $200,000extending to them the same privileges heretofore granted the New Albany and Evansville Insurance Companies, which were organized under the same act.
INDIANA BATTLE FLAGS.
Mr. Neff's bill [H. R. 268] for the preservation of Indiana battle flags, military trophies and relics, was taken up and finally passed the House-yeas 61, nays 30.
DIRECTOR F. M. MEREDITH.
On motion of Mr. RUDDELL, the House took up the special order, viz: the consideration of the report of the special joint committee, appointed to investigate the Southern Prison, and especially Mr. McBride's joint resolution [H. R. No. 16] for the removal by address of the General Assembly of F. M. Meredith, from the office of Director of the State Prison South(he having resigned that position.)
Mr. RUDDELL complained of the effort in the House to embarrass proceedings in connection with this report, the committee felt that they had before them the single duty to present the facts as they found them in the management of the Southern prison. They were surprised to find the House reluctant to act upon their report, and still further were they surprised to hear their motives and their acts impugned. He proceeded to review the testimony which [hey gathered and recorded touching alleged corruptions on the part of F. M. Meredith in the management of the prison south; setting forth facts and circumstances corroborating the testimony of the witness Merriwether" against the said Meredith: his receiving money for retaining prison official J.B. Merriwether, and his corrupt "connection with the prisoner Matthews, serving as an attorney for money to procure a pardon for Matthews. He reflected so upon Meredith's agency in obstructing material portions of the testimony that should have been printed in the report.
Mr. JOHNSTON of Parke, took the floor, the and objected at length to the credibility of the witness Merriwether, as unfit to be used in this prosecution of Meredith. When he had concluded-
Mr. VATER demanded the previous question, but there was no second to the demand.
Mr. RUDDELL now presented copies of certain letters of Meredith, Commons and the Governor with regard to Meredith's application for the pardon of Matthews.
Mr. PIERCE of Vigo spoke as a neighbor and friend of Mr. Meredith, to whose character no stain like this has ever attached before. He looked at the testimony and the course pursued in this prosecution, and manner of it, which forced upon his mind the- conclusion that there is an undue exhibition of personal feeling in this prosecution. He impeached the testimony relied on in the report, and suggested the unwarrantablenesss of the conclusions derived therefrom. When he had concluded
Mr. WILLIAMS, of Knox. proposed to amend the joint resolution by adding the following:
And to authorize the Attorney General to commence suit against all parties connected with said prison who may have been guilty of fraud against the State, if, in his opinion, the evidence is sufficient to convict.
Mr. COFFROTH made the point that this proposition can not be germane to a joint resolution for removal of an officer by address, which it required a majority of two-thirds to pass.
The SPEAKER sustained the point, and the proposition was ruled out of order.
Mr. CORY suggested that it was a little singular that this special committee, composed of 5 Republicans and 3 Democrats, should get up a groundless charge of corruption against a Republican official, of whose previous character the committee were wholly uninformed. And he proceeded to set forth the straitforwardness of their proceedings and the justness of their conclusions, in a careful review of the testimony, the printed as well as the suppressed.
Mr. LAMBORN followed in a general speech, justifying the report of the committee, and supporting the passage of the joint resoluiton; from his knowledge of the confusion and self-stultification of Director F. M. Meredith before the Governor. When he had concluded-
Mr. OVERMYER demanded the previous quastion, and under its pressure the joint resolution was passed the third and last reading in the House-yeas, 79; nays 7-two-thirds voting in the affirmative.
The House then adjourned.
AN ACT to enable incorporated towns to lay out, open, grade and improve streets and alleys and make public improvements therein,and to make surveys and adopt plats whepe the same have been lost or destroyed, and prescribing the du page: 176[View Page 176] ties of the Board of Trustees, and providing for the mode of working and improving streets and alleys, and declaring an emergency.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the Board of Trustees of incorporated towns of this State shall have exclusive power over the streets, alleys, highways and bridges within the corporate limits of such town, and may prescribe the hight and manner of construction of all such bridges, and lay out, survey and open new streets and alleys and straighten, narrow, widen, grade and gravel and otherwise alter and improve those already laid out, or that may be hereafter laid out, and make repairs thereto as hereinafter provided. They may cause buildings, structures and other things in the way of any streets or other public improvement to be taken down, removed and appropriated upon the payment of damages, as hereinafter provided; and no person residing in said town shall be compelled to work on any road or highway without the corporate limits of said town, and the Board of Trustees may exercise all the powers given to Township Trustees in regard to highways in their respective towns, and the Marshal, under direction of the Board of Trustees, may perform all the duties and exercise all the powers of Road Supervisors in reference to a road labor tax, not to exceed two days in each year by each person liable to work on roads in townships, and shall be governed by the same rules and regulations in reference to the collections and enforcement of the game. And any person so liable to work may fee discharged therefrom on the payment of $1 50 per diem, provided that the Board of Trustees may, by general ordinance, prescribe the time within which and the manner in which such labor shall be performed.
SEC. 2. When, upon petition signed by twelve free holders, residents of any town, the Board of Trustees of such town may be of the opinion that public convenience requires the opening of a new street or alley, or widening or narrowing of a street or alley already opened, the Board of Trustees shall appoint three commissioners, residents of said town, who shall be disinterested free holders, to appraise and assess the damages and benefits accruing to the owner of any land or lot through which any street or alley is proposed to be constructed, or any building or structure thereon appropriated as provided in the preceding section, such commissioners shall, before they proceed to perform their duties as appraisers, take and subscribe an oath or affirmation faithfully to perform their dutes as such appraisers, which shall be endorsed or attached to their appointment and filed with the Clerk of the Board. Twenty days notice shall be given such commissioners by the Board of Trustees, through the town clerk, of the appraisement to be made, giving a complete description of the premises to be viewed. A like notice shall be given by personal service or by leaving the same with some person of suitable age at their reputed place of abode, to each of the owners or agents thereof, of lots or lands upon or through which the public improvement or street or alley is proposed to be made. If the owners are unknown or non-residents, publication of the same in one ar more newspapers of the town or by posting up written notices in six public places in the town, if there be no newspaper published therein, for three weeks, shall be deemed equivalent to such personal service.
SEC. 3. Such Commissioners, or a majority of them, shall, at the place and time indicated in such notice, proceed to an examination of the real estate proposed to be appropriated as aforesaid,and shall then and there estimate : First. The value of the land or other property to be appropriated for such improvement. Second. What real estate, if any, would be benefitted by the improvement, specifying the same in parcels, with the name of the owner, if known, and the proportion of benefits each named receives, and the proportion of damages each would sustain.They shall view the premises and receive a evidence touching the question before them, and may, for that purpose, administer oaths to witnesses examined in relation thereto. They shall report on each of the specifications above indicated, and within ten days thereafter file the same with the Clerk of the Board of Trustees.
SEC. 4. When such report is filed, as in the preceding section required, the Board of Trustees, if it accept the terms of the same, shall direct the Treasurer of the town to tender the owner or owners of such real estate, or their heirs or representatives, the damages awarded by such Commissioners, deducting the amount of benefits assessed to such owner or owners, or if not found within the town, or the award is not accepted, then the sum shall be kept by the Treasurer as a special deposit, subject to the order of such owner or his heirs or representatives.
SEC. 5. If the Board of Trustees, within twenty days after the filing of said report, by a vote of a majority of the members, determine to make the appropriation of real estate for such improvement, it shall cause an assessment list to be made by transcribing so much of the report as aforesaid as describes the parcels of real estate to be benefitted by the opening or improvement, with the name of the owner, if known, and the amount of benefit which each would receive, thereby directing such amount to be assessed upon such parcels of real estate respectively, which assessment shall be a lien on such real estate. The Board of Trustees may immediately after making such assessment, by suit in any court of competent jurisdiction in the name of such corporation, recover against the owner of such parcels of real estate the amount of such assessment, and upon execution against the property of said defendant upon such judgement, the same shall be sold for cash without regard to valuation or appraisement laws of this State.
SEC. 6. The Board of Trustees shall, within twenty days from the filing of said report, either accept or reject the terms of the same, and any owner of land or representative thereof, aggrieved by such report, may appeal therefrom at any time within thirty days after the filing thereof, to any Court having jurisdiction of the same, upon filing the usual bond with the Clerk of said town for the payment of cost; but no such appeal shall prevent any such town from proceeding with said appropriation and improvement as if no appeal had been taken. No other question shall be determined than the regularity of the proceeding in the suit, and the amount of damages sustained.
SEC. 7. When the owner of any such land or building appropriate as aforesaid shall be an infant or of unsound mind, no proceeding shall be had affecting the rights of such persons until a guardian therefor shall be appointed by the Court having probate jurisdiction, and such guardian shall have given security to the satisfaction of such Court for the faithful performance of the trust, but any proceeding affecting such rights shall only be void to that extent.
SEC. 8. Whenever a majority of all the resident owners of any lots or parcels of land or any street or alley not less than one square, to be estimated by numbers or by measuring the front lines of such lots or parcels of land bordering thereon, shall petition the Board of Trustees of such town to grade, pave, gravel or macadamize, or for either kind of said improvements, the Board of Trustees may cause the same to be done according to the specifications by them to be adopted by contracts given to the best bidder after advertising to receive proposal therefor: Provided, That the said Board of Trustees may order the improvement as aforesaid of any street around the public square in such town without the filing of such petition, and when the county in which such town is situate owns or controls real estate bordering on such public square, it shall be subject to the same rules and regulations as to payment for said improvements as the citizens of said town are subjected.
SEC. 9. In all contracts specified in the last page: 187[View Page 187] preceding section the cost of any such improvement shall be estimated according to the whole length of such street alley, or the part thereof to be improved, per running foot, and the town shall be liable for so much thereof only as is occupied by public grounds of said town bordering theron, and the crossings of the streets and alleys, and the owners of lots or parcels of land bordering on such street or alley or the part to be improved shall be liable to the constractors for their proportion of the cost of such improvement in the ratio of the first line of lots or parcels of land owned by them to the whole improved line: Provided, That when the owner of any lot or parcel of land shall have made any improvement in front of his lot or parcel of land in accordance with the general plan for the improvement of such street or alley, and under the direction of the Board of Trustees, he shall be entitled to a reasonable allowance therefor upon his proportion of the cost of such improvement, which reasonable allowance shall be determined by said Board Trustees: Provided, That every such owner of lot or parcel of land improved as aforesaid, shall be entitled to a credit for his road tax and road labor tax that may accrue for the year in which improvement is made.
SEC. 10. When any such contract shall be made, or shall have been heretofore made, and shall have been fulfilled or in progress of fulfillment, the Board of Trustees shall have power to cause estimates to be made from time to time of the amount of work done by contractors, and to require such amount to be paid to him, deducting a reasonable per centage to secure the completion of the contract, until the whole shall be finished, and to prescribe the time in which the whole shall be completed, and such estimates shall be a lien upon the ground upon which they are assessed in favor or said contractors. In case any of the owners of lots or parcels of land on which such assessments have been made shall fail or refuse for the space of ten days after the day of the estimate to pay the amount thereof due by such person to such contractors, such contractors may immediately by a suit in any ourCt of competent jurisdiction recover against such owners of lots or parcels of land the amount of such estimate, and upon execution against the property of said defendant upon such judgment, the same shall be sold for cash without regard to valuation or appraisement laws of this State: Provided, That in such suits on estimates no question of fact shall be tried which may arise prior to the making of the contract for said improvement. Under the order of the Board of Trustees, when any contract for the improvement of any street or alley has been heretofore made and wholly or partially unpaid for, such contractors may collect the same under the provision of this act: Provided, The requirements of this act have been followed by the Board of Trustees in letting such contract.
SEC. 11. When the original survey and plat of any incorporated town of this State have been, or may hereafter be lost or destroyed, the Board of Trustees of such town may order a survey and plat of said town to be made, and when such survey and plat is made and adopted by a majority of said Board of Trustees, the same shall be presented to the Board of Commissioners of said county, with an affidavit that the original survey and plat is lost, whereupon the said Board of Commissioners shall order the same to be recorded by the Recorder of said county as the survey and plat of such town.
SEC. 12. Whereas an emergency exists for the immediate taking effect of this act, it is hereby declared that the same shall take effect from and after its passage and publication in the Indianapolis Daily Journal and Sentinel.
GEO. A. BUSKIRK
Speaker of the House of Representatives WILL CUMBACK
President of the State
Received and approved April 27, 1869.
CONRAD BAKER, Governor. STATE OF
INDIANA,
OFFICE OF SECRETARY OF STATE,} SS:
I, M. F. A. HOFFMANN, Secretary of State for the State of
Indiana, do hereby certify that the foregoing is a full, true and complete copy of the
enrolled act from which the same was taken, now on file in the office of Secretary of
State for the State of Indiana.
[SEAL.]
In testimony whereof, I have hereunto set my hand and affixed the Seal of the State of Indiana, at the City of Indianapolis, this 5th of May, A. D., 1869.
M. F. A. HOFFMANN,
Secretary of
State.
