THE BREVIER LEGISLATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, February 10, 1871.The Senate met at 10 o'clock--the LIEUTENANT GOVERNOR in the Chair.
Chaplain services were conducted by Rev. A. HANWAY, of the Massachusetts Avenue M. E. Church.
The Secretary's minutes of yesterday's proceedings were read, till--
On motion by Mr. FULLER, the further reading was dispensed with.
JEFFERSON CIRCUIT COURT.
On motion by Mr. FRANCISCO, the House amendment to the Senate bill abolishing the Jefferson county Criminal Court was concurred in.
MUNICIPAL BANK SHARES TAX.
Mr. FULLER moved to suspend the regular order and take up the bill [H. R 6] to tax for municipal purposes the shares of bank stock, and the shares owned in banks doing business in this State, including the Bank of the State of Indiana.
The motion was agreed to, and the bill was read the first time.
Mr. FULLER moved that the constitutional restriction be dispensed with, so that that the bill may be pressed to its final reading now.
Mr. BROWN (by consent) stated that this bill provides that the shares and stocks owned in National Banks is to be taxed at the place where the bank is located. Under the first act of Congress passed it was provided that stocks of banks should be taxed, at the place where the bank was situated, and upon that statute it was held that the stock should be taxed in the county or city in which the bank was located. Subsequently another act of Congress was passed giving an interpretation to the meaning of the word place--that stocks can be taxed throughout the State. The general law is that personal property is to be taxed at the place where the owner resides; but under this bill the capital stock of banks are to be taxed at the locality where the bank is situated, and that is unjust and wrong, in his judgment. Over a million of dollars of stock of National Banks in this city are owned by persons living in the State outside of Marion county, and if this bill is passed it will compel the owners outside to give it in in this city. That is unjust to the people throughout the State. He wanted the bill amended in that regard.
The motion was rejected by yeas 23, nays 15--two thirds not voting in the affirmative.
PRO TEM JUDGES.
Mr. GREEN, stating that the Judge in his circuit was stricken down some fifteen months ago with paralysis, moved that the bill (H. R. 180) relating to the services and pay of Judges pro tem be taken up.
The motion was agreed to and the bill was read the first time.
Mr. G., explaining that the bill allows the Governor to appoint a Judge pro tem., upon the proper showing by the Clerks of the counties composing the district of a nine months' disability--the salary to be $1,900 a year, to be paid out of the salary of the Judge whose place he shall fill moved for a dispensation of the constitutional restriction, that the bill may be pressed to the final vote at once.
This motion was also agreed to yeas 40, nays 1 and the bill was read by title only the second time.
The bill was then read the third time and finally passed the Senate by yeas 39, nays 0.
PETITIONS, MEMORIALS, ETC.
Mr. SCOTT presented a petition, by way of claim, from Mrs. Mary E Coburn, widow of J. A. Coburn, Esq., for $23,892 19, in addition to $10,000 already paid, for services in the matter of the settlement of certain Indiana war claims against the General Government in 1868.
It was referred to the Committee on Claims.
Mr. BIRD presented a memorial concerning the Wabash and Erie Canal, in behalf of a Company who has leased said canal, praying for an appropriation of $50,000 to aid in making repairs for 1871.
It was referred to a select committee of seven.
THE SINKING FUND.
Mr. WILLIAMS, from a majority of the Committee on Finance, returned the bill page: 262[View Page 262] [S. 161] to amend the act concerning the loan of the Sinking Fund to citizens of the several counties, with amendments.
Mr. GRAY gave notice of a report on this bill which the minority desire to present.
Time was given the minority to submit a report.
FEES AND SALARIES.
Mr. MARTINDALE, from the Committee on Fees and Salaries, submited a report consolidating the two fee and salary bills [S. 3 and S. 4]--recommending the passage of No 4, and that No. 3 be laid on the table.
The report was concurred in.
On motion by Mr. HENDERSON the order of business was dispensed with and the bill S. 4 was taken up.
Section 2 having been read--
Mr. MARTINDALE stated that section 2, fixing the fees of the clerk of the Supreme Court, is an exact copy of the present law.
Section 3, fixing the fees of Secretary of State, having been read--
Mr. MARTINDALE--announced that this was also a copy of the law except the clause cutting off his fees for services rendered for State or county officers.
Mr. DENBO inquired whether this exception would not cut off all fees for attesting commissions of the Governor?
Mr. MARTINDALE though not.
Sections 4 ard five being read Mr. MARTINDALE remarked that there was no change from the law now fixing the fees of Prosecuting and District Attorneys.
Sections 6 and 7 being read:
Mr. MARTINDALE stated that there was no change in constable's fees in civil cases.
Section 8, fixing the fees of Justices, in which there was no change, was read.
Mr. GRAY moved to amend, adding "for trial on appearance, $1," and increasing the trial of right of property to the same amount.
The amendment was agreed to.
Section 9 (juror's fees) was read.
Mr. DENBO regarded these fees too high in Circuit, Common Pleas and Criminal Counts; he moved to make this fee $2 instead of $2 50.
Mr GREEN, Mr. JOHNSTON and Mr. CAVE opposed the amendment.
Mr. LASALLE opposed an increase on the present law.
Mr. HENDERSON opposed the amendment for the reason that jurors receive their fees usually in county orders, and they are often below par.
Mr. STEELE thought that justice could not be done without raising the fees of jurors.
Mr. GLESSNER hoped the amendment would prevail for the reason that up to two years ago these fees were $1 25, and he believed the present fees was satisfactory. In his county the Grand Jury sat as long again at the last term as ever before.
Mr. MARTINDALE said all knew that every man who sits on a jury at $2 50 per day makes a sacrifice; and professional jurors frequently have to be called, to make up a jury Justice should be done notwithstanding the clamor for economy and reform.
Mr WILLIAMS thought the Senate would be acting inconsistent to reduce the fees of jurors when the pages on this floor are paid from $3 to $5 a day. He favored economy and reform as much as any gentleman, but it was not reform in the right direction to cut down the fees of jurors.
Mr GLESSNER insisted that this place should not be a money making one it should pay expenses, and when much more than than that is due there is dagger.
Mr. DWIGGINS demanded the previous question, and there being a second,
The amendment was rejected by yeas 30, nays 8.
And them came the recess for dinner.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR resumed the chair at 2 o'clock P.M.
Mr. GRAY offered a resolution that when the Senate adjourn it adjourn till Monday at 2 o'clock P. M.
The resolution was adopted by yeas 21, nays 13.
SUPERIOR COURTS.
Mr. MARTINDALE moved that the order of business be suspended to have the Superior court bill [H. R. 58] read the third time. His people were unanimous in favor of this bill. Other gentleman had repeatedly been favored with suspension of the rules for a like purpose, and now he desired the same courtesy extended that this bill may be put upon its passage.
The motion was agreed to, and the bill was read the third time.
The bill passed by yeas 30, nays 13.
AGENT OF STATE.
Mr. HOOPER, by leave, from the Committee on Finance, returned the bill (H. R. 285) to amend the act fixing the compensation of State Agent with an amendment inserting appropriately the words "office rent and all the incidental expenses of his office."It goes to the files.
AID TO RAILROADS.
Mr. GLESSNER, by consent, from the Committee on Railroads, returned the bill (S. 174) amending the county and township railroad act with an amendment. It goes to the files.
FEES AND SALARIES.
The Senate returned to the consideration of the fee and salary bill [S. 4] pending at the time of recess for dinner.
Section 10, fixing witness fees in Supreme, Circuit, Criminal, and Common Pleas courts, being the same as the present law, was read--
Mr. JOHNSTON moved to increase the fee "to each witnees subpeoned in the county and detained from another county each day" from $1 to $2
Mr. GLESSNER moved to strike out these lines:
The latter motion was agreed to.
Mr DWIGGINS moved ineffectually to strike out the words "not to be computed beyond the limits of adjoining county"--the mileage.
page: 263[View Page 263]Section 11 (same as the present law), witness before a Justice: and section 12, fees of Notaries; and section 13, fees of Coroners; section 14, fees of Township Trustees; section 15, Coroners' jurors; being read--
Mr GLESSNER moved to make the pay $1 50 a day.
Mr. ROSEBROUGH moved to make the pay$1 a day.
The latter motion was agreed to. Sections 16 and 17 were read.
Section 18, Surveyors' fees (the old fee bill) being read--
Mr. MARTINDALE moved to amend by allowing the chain-bearers $1 50 a day, instead of $1; and the Surveyor for copy of plat $1, instead of 25 cents.
Mr GLESSEER moved that the fee for a plat be 50 cents.
The motion was agreed to.
Mr. ROSEBROUGH thought in the haste in running over this bill the fees were being raised unduly. We are getting too far from the line, he insisted.
Mr. CAVE thought $1 a day sufficient for chain-bearers.
The amendment was withdrawn.
Mr. HENDERSON moved to raise the fee for attending court from $1 25 to $1 50 a day.
Mr. TAYLOR thought the Surveyor would be entitled to witness fees in addition to this fee.
Mr. GLESSNER referred to another fee usually charged by the Surveyor when he attends court as a witness, which, added to this fee, would certainly be sufficient.
Mr. DWIGGINS moved, ineffectually, to increase this fee to $2.
Mr. DENBO moved that this line be struck out. It was so ordered by consent.
Mr. ROSEBROUGH moved to reduce the fess of witnesses (in section 10) attending from another county from $2 to $1 50 per day, and gave reasons.
It was so ordered.
Sec. 19.--Fees of Circuit Court Clerks, was read.
Mr. GLESSNER moved to strike out the fees for "swearing to and affixing jurat to affidavits," and also the words, "prepared and written by and sworn before the clerk."
Mr. SCOTT insisted that 25 cents was too much for simply signing the name. The motion to strike out was rejected.
Mr. DENBO moved to amend by adding a fee for taking, approving and recording an official bond, $2.
Mr. MARTINDALE thought $1 enough.
Mr. STEELE understood that under this bill clerks in the smaller counties will get only about $600 a year.
Mr. SCOTT moved to make the fee $1 50.
It was so ordered.
Mr. DWIGGINS moved to amend by way of a substitute for this section, making the fees for subpoena issued by foreman 25 cents instead of 10 cents; for copying each 100 words, three, instead of four, figures to be counted as a word, 15 cents instead of 10 cents; for entering dismissal of a cause 20 cents instead of 15 cents; for entering verdict, 15 cents instead of 10 cents ; for docketing each cause after the first, 30 cents instead of 20 cents, and adding several items or additional fees, &c, &c. He desired this amendment as a matter of justice to officers in the smaller counties.
Mr. MARTINDALE would oppose these amendments as a whole while some of them might be well enough. He was understood to say that it costs these county officers about seven cents per one hundred words to have copying done by deputies.
Mr. DENBO favored the cutting off of all constructive fees.
Mr GLESSNER had no objection to raising many of these items from two to five cents, but to some of the amendments proposed he did object. He also objected to any constructive fees, and therefore he moved to strike from the amendments the fee for issue joined, and the fee for bringing records into court, and another amendment which he indicated.
Mr DWIGGINS accepted this modification of his amendment.
Mr. WILLIAMS moved ineffectually to lay the substitute on the table--no quorum voting on a division.
Mr. MARTINDALE hoped to avoid the difficulty of no quorum that the amendment would be adopted by consent.
It was so ordered.
A Senator, as there was no quorum, made an ineffectual motion to adjourn.
Mr. WILLIAMS made an ineffectual motion to reduce the fee for issuing marriage licenses from $2 to $1.
Mr. DENBO thought the fee in trials of contested claim by an administrator, executor or guardian, was not sufficient.
Mr. MARTINDALE insisted that it was, and explained.
Mr. FOSDICK regarded it as one great object in this bill to cut off constructive fees. Some clerks will charge for filing every separate article written on the same piece of paper, and he moved to amend by providing that a paper shall be construed to be any piece of paper or pieces of paper attached or fastened together.
Mr. STEELE objected to the amendment, because quite a book could be fastened together, and thus quite a package might be proposed to be counted as but one paper.
The amendment was rejected.
Mr. STEELE admitted that estates were being eat up to a great extent by constructive fees, and contended that the fees in estate cases should be reduced is case of the Sheriff as well as the Clerk. All the fees in estate cases should be reduced.
On motion of Mr. MARTINDALE, and by consent, the fee for services in the trial of each claim contested by administrator, executor or guardian, when the judgment is against such estate, was stricken out.
In section 19 the Sheriff fees were read.
Mr. DWIGGINS moved to make the mileage ten cents instead of five. (Ten cents is the present law.)
page: 264[View Page 264]It was agreed to.
Mr. FULLER moved to strike out the words "when paid to any other person than the Sheriff after demanded by him, one-half the commission only shall be had"referring to the collection of money without sale.
Mr. BEARDSLEY moved to refer this whole subject of fees to a select committee, to consist of Messrs. Martindale, Denbo, Williams, Glessner, Dwiggins and Steele, with instructions to report on Tuesday next.
Mr. MARTINDALE and Mr. HENDERSON objected.
Mr. BEARDSLEY withdrew his motion.
The amendment (Mr. Fuller's) was agreed to by consent.
Mr. DWIGGINS moved to insert 2 per cent instead of 11/2 per cent commission on sale on executions; but at the request of Senators who desired to avoid the discovery of no quorum if he insisted on the amendment, he withdrew it.
Mr. FULLER moved to make the fee for each additional convict taken to the Penitentiary at the same time "all necessary expenses" instead of ten cents per mile.
It was agreed to.
Mr. STEELE moved to make the pay for board of prisoners 75 cents per day instead of 50 cents.
Mr. WILLIAMS moved to make it 60 cents.
Mr. STEELE appealed to Senators to do what as just between man and man in this matter--50 cents was too little, especially where the Sheriff was not furnished a residence.
Mr. MARTINDALE was willing to make it 75 cents up to the first ten, and after that 60 cents a day.
Mr. WILLIAMS understood prisoners were boarded at the State prison for fourteen cents a day--to allow sixty cents would leave a good profit.
The amendment (Mr. William's) was agreed to.
Mr. DENBO moved to add words to this effect "but shall not charge for more miles than are necessarily traveled in going to and returning from the residence of the party farthest, named in the process."
Mr. JOHNSTON stated an objection to the wording of the amendment.
Mr. MARTINDALE suggested that the insertion in the appropriate place of the word "actual" would cover the ground.
Mr DENBO assented.
And it was so ordered.
Section 20 fixing Auditor's fees was read.
Mr. HADLEY moved to make the fee for licenses issued $1 instead of 50 cents. It was so ordered.
Mr GLESSNER moved to make the fee for approving an official board $1 instead of 30 cents.
Mr. FULLER moved, ineffectually, to amend by making it $1 50.
The motion (Mr. Glessner's) was agreed to.
Mr. HADLEY moved to strike out the words "not to include the tax list in the clause for filing each paper and to make the fee for filing three cents instead of five cents.
Mr. FOSDICK opposed the amendment.
Mr. ROSEBRUGH moved to insert the provision in the old fee bill--five cents for filing each paper except county orders and papers returned by Township Assessors.
Mr. BEARDSLEY again insisted on his motion to refer this subject of fees and salaries to a select committee, which he now submitted in the shape of a resolution as follows:
Resolved, That the subject of fees be refersed to a Committee composed of Messrs Martindale, Denbo, Glessner, Dwiggins, Henderson, Willsams and Steele, with instructions to perfect a bill out of those before the Senate, and report the same on next Thursday.
It was adopted.
Mr. CAVEN offered a resolution authorizing the Doorkeeper to appoint another page--one of the boys who has served from the first of the session under the impression that he was regularly appointed.
On motion by Mr. WILLIAMS the resolution was amended so as to pay the boy referred to up to to-day.
The resolution was adopted.
PAY OF EMPLOYES.
Pending the consideration of the fees and salaries' bills--
Mr. BRADLEY obtained consent to submit a report from the Judiciary Committee expressing the opinion that the per diem of Doorkeepers and assistants should be five dollars.
The report was concurred in.
And the Senate adjourned until 2 o'clock P. M. Monday.
CORRECTION.--In Mr. Steele's remarks yesterday afternoon, the word "frame" in the second line should be printed "veins."
