THE BREVIER LEGISLATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, February 9, 1871.The Lieutenant Governor commanded order at ten o'clock A. M.
Prayer was made by the Rev. H. C. Allen, of the Presbyterian Church.
The Secretary's minutes of yesterday 's proceedings were read.
MESSAGES FROM THE GOVERNOR.
The LIEUT. GOVERNOR desired to lay before the Senate a message from the Governor, in response to a resolution calling for a statement of the amount of money drawn and paid out by him for house rent during his term of office.
Mr. GLESSNER moved that two hundred copies be printed, and that it he referred to the Committee on Fees and Salaries.
The motion was agreed to.
The LIEUT. GOVERNOR also laid before the Senate a message transmitting the reports of chaplains of the State prisons.
Also a message correcting an error in the biennial message of the Governor in relation to failure on the part of County Auditors to make reports as required by the State Board of Equalization--in relation to the reduction in value of taxable property on tax duplicates--some $11,000,494 38 instead of fifteen millions.
They were referred to the appropriate committees.
PETITIONS, MEMORIALS, ETC.
Mr. ANDREWS presented a petition from Scott county, praying for a law suppressing traffic in intoxicating liquors.
Mr. CAVEN presented a claim.
Mr. ROSEBROUGH presented a petition from Prosecuting Attorneys of Ripley county praying an increase of judicial salaries.
They were appropriately referred.
REPORTS FROM COMMITTEES.
Mr. HOOPER, from the Judiciary Committee, returned the bill [S. 80] relating to appeals to the Supreme Court, with a favorable report--Mr. Glessner dissenting.
Mr. BROWN, from the Committee on Corporation, returned the bill [S. 141] to amend section 17 of the general city incorporation law, approved March 14, 1887, with a favorable recommendation.
Mr. WOOD, from the same committee, returned the bill [S. 156] amending sections 2 and 4 of the Loan Fund Association act of March 5, 1857, with a similar report. These reports go to the files.
Mr. HUBBARD, from the same committee, returned the bill [S. 190] to amend sections 63 and 69 of the general city incorporation law with an adverse report--that it lie on the table. The report was concurred in.
Mr. KEIGWIN, from the Committee on Public Printing, returned the resolution in relation to a further subscription for daily papers, and with regard to the employment of an official reporter, with an adverse report.
On motion it was laid on the table.
Mr. HENDERSON, from the Committee on Fees and salaries, returned the bill [S. 155] to enforce the collection of fees taxed against convicts with a recommendation that it lie on the table.
The report was concurred in.
SWAMP LAND FUND.
Mr. WILLIAMS, from tho Committee on Swamp Lands returned the bill [S. 115] to distribute to the counties from whence it was collected the Swamp Lands Fund now in the State Treasury. He said the officers of the Treasury reserved a certain amount of the fund received from each county for expenses, and now there was a surplus, after all expenses are paid, which should be distributed.
On motion by Mr. WILLIAMS his bill [S. 115] was read the second time.
He moved, ineffectually, that the constitutional resolution be dispensed with--yeas 31, nays 4--two thirds not voting in the affirmative that the bill may be pressed to its final reading.
Mr. DWIGGINS, moved the reference of the bill so the Committee on the Judiciary, with instructions to inquire whether this fund does not belong to the school fund.
Mr. GREEN objected to this reference--there can be no possible way by which this fund can get into the school fund.
Mr. MARTINDALE would rather see this fund go into the common school fund than that it shall be managed as heretofore.
Mr. WILLIAMS read the law under which the fund was raised, and declared its provis- page: 253[View Page 253] ions must be complied with before a dollar can go in to the school fund.
Mr. HOOPER moved to amend by changing the reference to the Committee on Claims.
Mr. DWIGGINS stated that many warrants under the law were issued for which no consideration was given; and more patents were granted for swamp lands in Jasper county than were there. His motion to refer was agreed to.
CLERK FOR COMMITTEES.
Mr. KEIGWIN offered a resolution that the Committee on Prisons, Printing, Public Buildings and Military Affairs, be allowed a clerk--one clerk for all.
At the request of Mr. DWIGGINS, the Committee on Temperance was added.
The resolution as modified was adopted.
INDIANA STOCKS.
Mr. MARTINDALE offered a joint resolution [S. 9] directing the disposition to be made of certain Indiana five per cent bonds or stocks now in the custody of the Secretary of the Treasury of the United States--to be so cancelled as to prevent their being put in circulation, sent to Indianapolis and destroyed in the presence of a joint committee of the two Houses.
Mr. MARTINDALE gave a history of these bonds. They were the property of a Virginian, were confiscated, sold, &c., afterward the owner established his loyalty to the government; the sale was set aside, Congress paid back half the money on condition that he would deliver the bonds to the Treasurer of the United States subject to the order of the Legislature of Indiana, and the Secretary of the Treasury informs the Governor that these bonds are there subject to the order of the Legislature.
The joint resolution passed the Senate by yeas 37, nays 0.
TRUSTEES.
On motion by Mr. BRADLEY, his bill [S. 53] to authorize trustees to sell real estate, and to invest the proceeds of sales for the benefit of their c'est qui trust, was taken up, the constitutional restriction dispensed with--yeas 36, nays 0--the bill read by title only and then by sections, and then passed by yeas 36, nays 0.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally passed to the second reading:
By Mr. GLESSNER, a bill [S. 197] creating the 26th Judicial District, composed of the counties of Shelby, Bartholomew and Johnson.
Mr. G. moved for a dispensation to read the bill again, and the roll was being called, but on the suggestion of Mr. Martindale that the vote may show no quorum, the motion was withdrawn.
By Mr. STEELE, a bill [S. 198] in relation to orphan asylums and the children entrusted to their charge. Officers of such asylums shall be deemed to be guardians, having power to indenture the children, &c.
By Mr. STEELE, a bill and accompanying petition [S. 199] to provide for the registration of births, marriages and deaths in the State of Indiana. Township Assessors to make a record of the same.
By Mr. KEIGWIN, a bill [S. 200] to fix the liability of express companies for the loss of packages or parts of packages entrusted to their joint carriage.
By Mr. KEIGWIN, a bill [S 201] to amend the practice act of June 18, 1852. No attorney shall be accepted as security on any bond in any suit where he is employed as counsel.
By Mr. GRAY, a bill [S. 202] to amend the witness act--to allow parties to criminal suits to testify.
By Mr. TAYLOR, a bill [S. 203] fixing the weights of salted or cured fish and regulating the sales thereof. Net weights of salted or cured fish: Two hundred pounds to one barrel, one hundred pounds to one-half barrel, fifty pounds to one-quarter barrel, twenty five pounds to one-eighth barrel or kit. "It shall be unlawful to sell any salted or cured fish by the barrel, half barrel, quarter barrel or kit, unless there shall be marked or branded thereon the kind, grade or quality and the net weight of the fish therein contained." Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding fifty dollars.
And then came the recess for dinner.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR resumed the chair at 2 o'clock P. M.
On motion by Mr. MARTINDALE the Senate resolved itself into the Committee of the Whole--Mr. Gray in the chair, for the purpose of reporting the fee and salary bills Nos. 3 and 4 back to the Senate.
Mr. MARTINDALE moved that these bills be reported back without recommendation.
The motion was agreed to, and--
The CHAIRMAN reported according to order.
The report was concurred in, and the committee was discharged from their further consideration.
The bills go to the files.
WORK FOR COMMITTEES.
On motion by Mr. GREEN, his bill [S. 180] declaring public squares so marked to be a grant for common school purposes in certain cases, was read by title and referred to the Committee on Corporations.
On motion by Mr. DWIGGINS his bill to prevent the cutting of timber, was referred to the Judiciary Committee.
On motion by Mr. WOOD, his bill, S. 185, declaring the meaning of the railroad aid law of May 12, 1869, was referred to the Committee on Corporations.
On motion of Mr. TAYLOR, his bill, S. 174, conserning county and township aid to railroads, was read by title and referred to the Committee on Railroads.
page: 254[View Page 254]NAVIGATION OF WESTERN RIVERS.
Mr. CARNAHAN, by leave, offered a joint resolution, [S 10,] in favor of the passage of an act by Congress to extend the jurisdiction of the Light House Board so as to include the Mississippi, Missouri and Ohio rivers--to arrange these rivers into one or more light house districts.
It was passed the Senate by yeas 37, nays 0.
WORK FOR COMMITTEES.
On motion of Mr. JOHNSTON--
The bill [S. 162] authorizing reassessment of lands in certain cases;
The bill [S. 164] to make provisions for care of the Insane;
The bill [S. 165] to amend the act organizing County Boards;
The bill [S. 166] in relation to taxing lands in towns;
The bill [S. 167] to amend the city incorporation law;
The bill [S. 168] prescribing duties and pay of county officers;
The bill [S. 169] amending the prison laws;
The bill [S. 170] to legalize acts of Council of Bluffton;
The bill [S. 171] concerning the Governor's rent;
The bill [S. 176] concerning harbor lots;
The bill [S. 177] relating to express companies as common carriers;
The bill [S. 178] authorizing the construction of levees and drains;
The bill [S. 179] to prevent selling or giving away intoxicating liquors;
The bill [S. 181] relating to salaries of officers;
The bill [S. 182] amending section 2 of the act relating to the Baptist Educational Society;
The bill [S. 183] amending section 108 of the Common School law;
The bill [S. 184] concerning liquor sellers;
The bill [S. 186] regulating running of locomotives.
The bill [S. 187] relating process on railroad companies.
The bill [S.189] concerning marriages in Society of Friends.
The bill [S. 190] creating Posey and Vanderburg in a Judicial Circuit.
The bill [S. 191] fur the erection of a State House.
The bill [S. 193] fixing Common Pleas Court terms in Greece and other counties.
The bill [S. 196] for Senatorial and Representorial apportionment.
The bill [S. 195] animals running at large.
Were severally read by title and referred to the appropriate committees.
Mr. TAYLOR asked and obtained consent for Mr. Miller to withdraw from the files his bill [S. 172] defining certain misdemeanors.
On motion of Mr. GLESSNER the constitutional restriction was dispensed with, and his bill [S. 197] creating the Twenty-sixth Judicial District was read by title and referred to the Committee on the Organization of Courts.
ABOLISHMENT OF COMMON PLEAS AND CRIMINAL COURTS.
Mr. DENBO called up the special order for this hour, being the consideration of the bill [S. 144] to abolish the Common Pleas and Criminal Circuit Courts.
Mr. BRADLEY moved its reference to a special committee of eleven.
Mr. DENBO preferred its consideration now. It is an important bill, and one of great interest to the people of the State.
The motion to refer was agreed to.
Mr. BRADLEY moved to reconsider the vote on the passage of the bill [S. 65] regulating descents and the apportionment of estates.
The motion was agreed to, and it goes on the files.
On motion of Mr. TAYLOR, his bill [S.90] amending the city incorporation act, was taken from the table and placed on the files.
LEAVES OF ABSENCE.
Mr. Case obtained leave of absence till Tuesday evening from to-morrow morning.
Mr. Beggs' leave of absence was extended till Monday.
Mr. Armstrong and Mr. Wadge had leave of absence till to morrow evening.
FEES AND SALARIES.
On motion by Mr. MARTINDALE, the bills S 3 and 4 were referred back to the Committee on Fees and Salaries.
COMMERCIAL LAWS.
The House concurrent resolution referring the memorial of business men of Indiana (printed on pages 239 and 240) to a joint committee, was agreed to.
The Lieutenant Governor makes the committee on the part of the Senate to consist of Messrs. Martindale, Bradley, Francisco, and Bird.
THE FEDERAL CAPITAL.
The House concurrent resolution concerning the removal of the national capital (introduced in the House on January 27th), requesting and instructing Indiana's Representatives to vote against all improvements of buildings by the Federal Government at Washington, and use all proper means to effect the removal of the capital to where it will be more central, &c., was read and agreed to.
WORK FOR COMMITTEES.
The bill [H. R. 265] to amend the act fixing the compensation of State Agent; and-The bill [H. R. 79] to extend the time for the completion of certain railroads; Were read by title only and referred to appropriate committees.
HOUSE BILLS ON THE FIRST READING.
The bill [H. R. 105] allowing persons to make certain improvements on the public highways.
The bill [H. R. 88] making a coroner's jury to consist of six persons. The bill [H. R. 72] amending the act concening promissory notes.
The bill [H. R. 67] amending section 5 of the act concerning mortgages--concerning satisfaction.
The bill [H. R 237] providing for filling vacancies in the Board of Trustees of the State University.
[Mr. JOHNSTON made an ineffectual motion--yeas, 31; nays 33--to dispense with the restriction, that the bill may be advanced on the calendar.]
The bill [H. R. 75] making illegal and void all contracts for the payment of attorney's fees.
The bill [H. R. 151] to discourage the destruction of foxes; and--
The bill [H. R. 4] relative to voluntary assignments.
page: 255[View Page 255]Were partially read the first time and passed to the second reading.
GRAVEL AND OTHER ROADS.
Mr. Glessner's bill, [S. 119], supplemental to the act authorizing assessments for plank, gravel or macadamized road purposes, coming up, with the committee amendments thereto, they were concurred in, and the bill was read the second time.
Mr. GREGG moved to amend by exempting from the provisions of the bill any suit now pending.
Mr BIRD moved to indefinitely postpone the bill.
Mr ROBINSON resisted the motion. His county, and many others, are largely interested in the bill. He recited the history of legislation on this subject, and showed the necessity for the passage of the bill in his locality. He opposed the amendment because it would defeat the object of the bill.
Mr. BEESON also opposed the motion to postpone the bill. The gravel road interest is one of most vital importance to the people of his county. Under a technical decision of the supreme Court many of these works are now awaiting legislation of this kind. The prosperity and progress of improvement in our road system will be retarded for years to come unless this or a similar measure be passed. We could commit probably no greater mistake than to refuse to pass this bill. He also opposed the amendment, declaring it to be one that would destroy the effect of the bill.
Mr. GREGG desired the motion to postpone should prevail. If we attempt to legalize all the errors and frauds committed by turnpike companys throughout the State, we would be doing great injustice to the people of the State of Indiana. It would seem to be the object of this bill to legislate out of existence pending law suits; and that kind of legislation has been frequently deprecated on this floor. The old rule that corporations are bound to a strict construction of the law under which they are organized has been adhered to by the Supreme Court. No new rule has been put in force as against them. Will the Senate legislate for turnpike companies and against the people, or will we say "we turn you over to the courts, and if you have made blunders that is your fault and not ours?" The number interested against the passage of this bill is greater than that interested in these corporations.
Mr. GREEN spoke in praise of the gravel road laws of the State, and to strike them down now, he contended, would be ruinous to the country. This bill is not a measure to cure frauds, but to protect the innocent and the honest farmers along the lines of those roads who have paid in their money and desire to see the roads completed. The amendment proposed was certainly most objectionable.
Mr. STEELE looked upon these roads as being to the great body politic what the frame of the human body is to the natural body--as veins that are supplying the great arteries built by the monopolies of the country. These corporations are poor, and it is for that reason they apply here for legislation to aid them in their great enterprises. He argued in favor of the bill and against the amendment proposed by the Senator from Dearborn, [Mr. Gregg].
Mr. GREGG declared that these road companies were dealing unjustly with the great mass of the people, and cautioned gentlemen not to go too fast in this matter. All he asked for was earnest and careful legislation in this interest which so closely affected such a great number of the people of Indiana.
Mr. WOOD called attention to the fact that under existing laws it is made the duty of these corporations to assess lands within one and a half miles of the road on either side, and under a recent decision of the Supreme Court if they omit to assess the smallest particle of land it invalidates the charter. And he desired Senators particularly to notice that these assessors of benefits are not the officers of the corporation; their assessment is the act of the representatives of the people for they are appointed by the County Commissioners; and now, is it fair and just that all the acts of the road shall be invalidated--that the large amounts of money expended by these companies shall go for nought just because these representatives of the people have failed to do their duty?
Mr. BIRD referred to the existing laws on this subject, and their operations in his locality. His constituents considered the law or 1867 an odious law--it is one very obnoxious to the people, he represented. If gentlemen are so anxious to build gravel roads, they can operate under, and every facility is afforded them, by the law of 1839. He expressed himself as in favor of building roads, but was opposed to favoring corporations that will pull down and make poor one class of our population, and build up and make another class wealthy.
Mr. BEESON appealed to the Senator [Mr. Bird] to withdraw his motion and let the amendment be voted on.
Mr. BIRD assented.
The amendment [Mr. Gregg's] was rejected by yeas 15, nays 19.
The bill was then ordered engrossed for the third reading.
ABOLISHMENT OF COMMON PLEAS AND CRIMINAL COURTS.
The LIEUT. GOVERNOR makes the special committee of eleven to which was referred the bill [S. 144] to abolish the Common Pleas and Criminal Circuit Courts, to consist of Messrs. Fuller, of the First district; Denbo, (chairman) of the Second district; Rosebrugh, of the Third; Beeson, of the Fourth: Caven, of the Fifth; Scott, of the Sixth; Wood, of the Seventh; Green, of the Eighth; Bobo, of the Ninth; Hooper, of the Tenth; and Bradley, of the Eleventh district.
The Senate adjourned till 10 o'clock tomorrow.
