THE BREVIER LEGISTATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, January 14, 1871.The Senate met at 9 o'clock A. M., pursuant to adjournment--the Lieutenant Governor in the chair.
PRAYERS.
The session was opened with prayer, by the Rev. W. B. Chamberlain, of the Fifth Presbyterian Church.
MINUTES.
The Secretary's journal of yesterday's proceedings was being read, when--
On motion of Mr. JOHNSON, the further reading thereof was dispensed with.
ABSENCE.
Leave of absence was granted to Mr. Hughes, till Tuesday next.
MILEAGE AND ACCOUNTS.
Mr. DITTEMORE, from the Committee on Mileage and Accounts, submitted a report of the number of miles traveled by each Senator, in coming from and returning to his home, in the following words and figures, to-wit:
Mr. PRESIDENT : The Committee on Mileage and Accounts would report that they have examined the question of mileage and find that members of the Senate are entitled to mileage as follows:
| Lt. Gov. Will Cumback, of Decatur co............... | 90 |
| Alsop, Joshua, Clay and Sullivan.................... | 216 |
| Andrews, Alanson, Scott and Jennings................ | 130 |
| Armstrong, Ad., Howard and Carroll.................. | 128 |
| Beardsley. James R., Elkhart........................ | 420 |
| Beeson, Othneil, Wayne.............................. | 120 |
| Beggs, John, Franklin............................... | 152 |
| Bobo, James R., Adams and Allen..................... | 310 |
| Bradley. James. Laporte and Starke.................. | 316 |
| Brown, Jason B , Brown and Jackson.................. | 144 |
| Burson, John W., Delaware and Madison............... | 108 |
| Carnahan, M. T., Posey and Gibson................... | 462 |
| Case, H. S., Noble and Lagrange..................... | 400 |
| Cave, Leroy, Pike, Dubois and Martin................ | 300 |
| Caven, John, Marion................................. | |
| Collett, John, Parke and Vermillion................. | 220 |
| Denbo, George W., Washington and Harrison........... | 264 |
| Dittemore, W. E., Green and Owen.................... | 130 |
| Dougherty. Hugh, Huntington and Wells............... | 192 |
| Dwiggins, Robert, Pulaski, White, Jasper and Newton.................................................. | 250 |
| Elliott, James, Fayette and Union.,................. | 130 |
| Fosdick, Ed, W., DeKalb and Steuben................. | 400 |
| Francisco, Hiram, Jefferson......................... | 160 |
| Fuller, B. S., Warrick and Spencer.................. | 428 |
| Glessner, Oliver J., Shelby and Bartholomew......... | 52 |
| Gray, Isaac P., Randolph............................ | 168 |
| Green, John, Hamilton and Tipton.................... | 80 |
| Gregg, Richard, Ohio and Dearborn................... | 178 |
| Hadley, John V., Putnam and Hendricks............... | 40 |
| Hamilton, Thos. M., Clinton and Boone............... | 100 |
| Henderson, E. B., Johnson and Morgan................ | 62 |
| Hess, L. W., Henry and Hancock...................... | 112 |
| Hooper, A.Y., Kosciusko and Whitley................. | 360 |
| Hubard, Lucius., St. Joseph and Marshall............. | 400 |
| Hughes, James, Lawrence and Monroe.................. | 160 |
| Johnson, Arch., Montgomery.......................... | 94 |
| Keigwin, James, Floyd and Clarke.................... | 216 |
| Lasselle, Charles B., Cass and Fulton................ | 154 |
| Martindale, E. B., Marion........................... | |
| Miller, Robert, Miama and Wabash.................... | 170 |
| Morgan, Dr Daniel, Vanderburg....................... | 384 |
| Robinson, W. J., Rush and Decatur.................... | 90 |
| Rosebrough, M. K., Switzerland and Ripley........... | 172 |
| Sarninghausen, John, Allen.......................... | 268 |
| Scott, Harvey D., Vigo.............................. | 148 |
| Stroud, John, Perry, Crawford and Orange............ | 360 |
| Rteele, Asbury, Grant, Blackford and Jay............ | 192 |
| Taylor, Henry, Tippecanoe........................... | 124 |
| Wadge, Richard C., Lake and Porter.................. | 380 |
| Williams, James D., Knox and Davies................. | 203 |
| Wood, S. F., Fountain and Warren.................... | 144 |
In which they respectfully ask the concurrence of the Senate.
DITTEMORE, WOOD, WILLIAMS, Committee.
The report was concurred in.
SUPREME COURT--ADDITIONAL JUDGE.
Mr. Carnahan's bill [S. 45] for an act dividing the State into five Supreme Court districts, providing for the appointment and election of a Judge of the Supreme Court in the fifth district, and for the salaries of the Judges of the Supreme Court, makes the first district to consist of the counties of St. Joseph, Elkhart, Lagrauge, DeKalb, Noble, Kosciusko, Marshall, Fulton, Whitley, Allen, Adams, Wells, Huntington, Wabash, Miami, Grant, Blackford, Jay, Delaware and Randolph.
The Second District to consist of the counties of Lake, Porter, Laporte, Starke, Newton, Jasper, Pulaski, White, Cass, Carroll, Benton, Warren, Tippecanoe, Montgomery, Clinton, Fountain, Vermillion and Parke.
The Third District to consist of the counties of Madison, Henry, Wayne, Union, Fayette, Rush, Decatur, Franklin, Dearborn, Ripley, Jennings, Ohio, Switzerland, Jefferson, Scott, Clark, Floyd, Washington and Jackson.
The Fourth District to consist of the counties of Howard, Tipton, Madison, Hamilton, Boone, Putnam, Hendricks, Marion, Hancock, Morgan, Johnson, Shelby, Monroe, Brown and Bartholomew.
page: 91[View Page 91]The Fifth District to consist of the counties of Vigo, Clay, Owen, Greene, Sullivan, Knox, Daviess, Martin, Lawrence, Gbison, Pike, Dubois, Posey, Vanderburg, Warrick, Spencer, Perry, Harrison, Crawford and Orange.
The bill also makes the salary of Supreme Judges four thousand dollars each annually.
NEW PROPOSITIONS.
The following described bills were introduced and read the first time, and severally passed to the second reading.
By Mr. GLESSNER, [S. 45], for an act to legalize the extension of plank, macadamized, gravel and turnpike roads beyond the terminus thereof, as set forth in the articles of association of such companies, heretofore made in certain cases, and to authorize such extensions to be made hereafter in certain cases.
By Mr. FULLER, [S. 46] to encourage the destruction of foxes and wildcats.
By Mr. CAVE, [S. 47], to repeal an act entitled "An act to discourage the keeping of useless and sheep-killing dogs, and providing penalties for the violation of any of the provisions of said act by officers and others;" an also repealing an act to license dogs, approved March 11th, 1861, and providing that nothing in this act shall be so construed as to conflict with the provisions of an act entitled "An act for the protection of sheep;" approved June 15th, 1852, approved March 2d, 1865.
By Mr. BEARDSLEY, [S. 48], for an act supplemental to "An act to authorize and encourage the construction of levees, dikes and drains, and the reclamation of wet and overflowed lands by incorporated cities, and to repeal all former laws relating to the same subject," which act took effect May 22, 1869.
By Mr. JOHNSTON, [S. 49], to amend an act entitled "An act for the protection of wild game, and defining the time in which the same may be taken or killed, and declaring the penalty for the violation of this act, repealing all laws inconsistent herewith, and declaring an emergency," approved March 11, 1867. [It proposes to amend the law so as to prevent the netting and trapping of quails at any time, except on the owner's land, between the first of October in each year and the first of February following.]
By Mr. MARTINDALE, [S. 50], to establish Superior Courts, defining their jurisdiction, and providing for the election and compensation of the judges thereof. In any county wherein is situated an incorporated city with a population of not less than forty thousand, said court to consist of three judges, elective by the people every four years, and to have original concurrent jurisdiction with the Circuit Court and Court of Common Pleas in all civil causes except slander, and such causes of which the Court of Common Pleas now has original exclusive jurisdiction, and jurisdiction concurrent with Circuit and Common Pleas Courts in all appellant jurisdiction now or which may be hereafter vested in these courts, and con-current jurisdiction in all actions by or against executors and administrators.
By. Mr. DENBO, [S. 51], to regulate insurance companies.
Mr. D. claims that the enactment of a good, stringent law, similar to the insurance laws of New York and Massachusetts, with all the safeguards to policy holders which have been tried and provon to be good, would be the means of building up insurance companies at home, and thus not only stop a heavy drainage of capital from Indiana--about $10,000,000 annually--but would also be the means of drawing largely from ether States a vast amount of capital. One of the great safeguards necessary, in addition to a stringent law, is to make it the especial duty of some competent person to see that such a law is properly enforced, and investigate the condition and standing of every company before authority is given it or its agents to do business in the State. This can all be done without costing the people of the State a single cent. On the contrary, it should be made to add to the revenues of the State from $40,000 to $100,000 annually, and at the same time impose upon the companies a much less rate of taxation than that imposed by most of the States around us.
By Mr. FULLER, [S. 52], prohibiting the Prosecuting Attorney of the Circuit Courts from entering a nolle proseqni in any State case without consent of the court.
By Mr. BRADLEY, [S. 53], for an act to authorize trustees to sell real estates and to invest the proceeds for the benefit of the c'est qui trust.
By Mr. MARTINDALE, [S. 54], to authorize married women to make contracts, rendering their separate property liable therefor, exempting such property and their earnings from the debts of their husbands, and exempting property of husbands from, the separate debts of their wives.
By Mr. BEARDSLEY, [S. 55], to amend section 2 of an act entitled "An act for the redeption of said property or any interest therein, sold on execution or order of sale, and providing for the issuing of certificates of purchase in such cases, and for the execution of conveyances, and repealing all laws in conflict therewith," approved June 4, 1861.
By Mr. CAVE, [S. 56,] to amend section 30 of an act entitled "An act providing for the election or appointment of supervisors of highways, and prescribing certain of their duties and those of county and township officers in relation thereto," approved December 20, 1865.
By Mr. GREGG, [S. 57], authorizing and empowering the clerk of the Circuit Court and court of Common Pleas to grant restraining orders and temporary injunctions, providing the mode by which they may be dissolved or modified, authorizing and empowering the judges of the Circuit Court to hear and determine applications in cases pending in the Courts of Common Pleas, and authorizing and empowering the judge of the Common Pleas Court to hear and determine cases pending in the Circuit Court.
page: 92[View Page 92]By Mr. BEARDSLEY, [S. 58], to amend sections 1 and 2, of an act entitled "an act to amend the 13th and 14th sections of an act entitled an act providing for the election and qualifications of Justices of the Peace, defining their jurisdiction, powers and duties in civil cases, approved June 6,1852, approved March 9,1861."
By Mr. FULLER, [S. 59], fixing a rate of interest on money, and repealing all laws in conflict therewith, and declaring an emergency. [No greater rate than seven per cent. to be taken directly or indirectly.]
By Mr. MARTINDALE, [S. 60], authorising cities, towns and townships to negotiate bonds for school building purposes, and authorizing the collection of a tax for the payment of such bonds.
By Mr. MARTINDALE, [S. 61], providing for the taxation of Water Work Companies, and associations furnishing water to towns.
By Mr. BROWN, [S. 62], to authorize townships to aid in the erection of bridges for common travel.
By Mr. DENBO, [S. 63], to establish an insurance bureau in connection with the office of Auditor of State--providing for an insurance commissioner, to be appointed by the Auditor, at a salary of $4,000 per annum, with bonds of $30,000, to see that that the provisions of bill S. 51 are enforced, the commissioner to appoint a deputy at a salary of $2,000, and such additional assistance as may be necessary.
By Mr. MARTINDALE, [S. 64,] an act relating to insurance companies. This act authorizes the organization of insurance companies, life and fire, and prescribes the duties of foreign companies wishing to transact business in this State. It contemplates the establishment of an Insurance Department, and the appointment of a Commissioner of Insurance, but authorizes the Auditor to transact the business of a Commissioner of Insurance until the establisment of the Department.
By Mr. BRADLEY, [S. 65,] to amend the 18th section of the act entitled "An Act regulating descents and the apportionment of estates," approved May 14, 1852, and validating deeds of conveyance made in contravention thereof.
SESSION HOURS.
Pending the order for the introduction of bills, on motion it was
Ordered, That when the Senate adjourns it adjourns till Monday at 2 o'clock P. M.
FIFTEENTH JUDICIAL CIRCUIT.
Mr. FULLER, by leave, from the select committee thereon, returned the bill [S. 25] regulating the terms of courts in the Fifteenth Judicial Circuit, recommending its passage without amendment.
The report was concurred in, and the bill was ordered to be engrossed for the third reading Monday.
And then came the adjournment till Monday at 2 o'clock P. M.
