THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, November 22, 1872.The Senate met at ten o'clock, a. m., the Hon. GEORGE W. FRIEDLEY in the chair.
The Secretary's minutes of yesterday's proceedings were read, corrected and approved.
THE LAW OF DIVORCE.
Mr. BEESON offered a memorial of the yearly meeting of the Society of Friends of Indiana, as follows;
To the Senate and House of Representatives of the State of Indiana:
The Memorial of Indiana Yearly Meeting of the Religious Society of Friends, held at Richmond, from the 25th day of ninth month, to the first of tenth month, inclusive, 1872, respectfully represents :
That as a Religious Society we consider marriage an ordinance of God, and not a mere civil contract, nor a mere human compact, devoid of religious obligations.
The original law of marriage, which is found in the second chapter ot Genesis, describes a union, such as could originate from no human authority.
Our Lord and Saviour, Jesus Christ, when asked by the Pharisees, "Is it lawful for a man to put away his wife for every cause," re-enacted this law and ordinance for all subsequent time. "Have you not read that he which made them in the beginning, made them male and female, and said. For this cause shall a man leave father and mother and shall cleave to his wife, and they twain shall be one flesh? What, therefore, God hath joined together, let not man put asunder." Matt. xix. 4, 5, 6. "And I say unto you, whosoever shall put away his wife except it be for fornication, and shall marry another, committeth adultery ; and whoso marrieth her which is put away, committeth adultery."Matt. xix. 9.
The legislation of all Christian Nations and States should be based upon Christian principles. Hence, while the civil law may properly solemnize the marriage contract, it cannot properly dissolve it, except for the cause which the Divine Law Giver has himself pointed out.
We are advised that there are seven statutory grounds of divorce in the laws of our State:
1rt, Adultery; 2d, Impotency ; 3d, Abandonment for one year : 4th, Cruel Treatment of either party by the other : 5th, Habitual drunkenness by either party, or the failure of the husband to provide reasonable support for his family; 6th, The conviction of infamous crime subsequent to the marriage; and 7th, "Any other causes for which the Court shall deem it proper that a divorce shall be granted."
We respectfully submit, that all these enactments, except the first, are contrary to the teachings of Christ and his Apostles ; some of them actually encourage divorce, by offering it as a premium for crime; and the 7th is unknown to " Common Law," and grants such unlimited powers to the Court, that by expunging the word "other" there would seem to be no need for the six preceding specified causes for divorce.
So much shameful fraud and corruption have characterized the administration of our divorce laws, and many innocent persons havo been so cruelly wronged thereby, that great odium attaches to our otherwise fair record and reputation as a State.
The inevitable tendency of such enactments is, to unsettle the belief of the people in the religious obligations of marriage, and to degrade it to a mere contract between the parties, and thus, not only to destroy its sacredness, but also its permanence. For, as divorces increase, marriages are lightly contracted, and as lightly spurned; licentiousness increases, the public morals arc corrupted, and the purity of society and the affections and sacredness of home are ruthlessly invaded.
We do, therefore, respectfully, but earnestly, petition your honorable body to repeal all the Divorce Laws of our State, except that which provides for a legal separation of man and wife for the crime of adultery.
Signed, by direction, and on behalf of the meeting aforesaid.
CHARLES F.
COFFIN,
Clerk of the Men's
Meeting.
EMILY J
HARRIS,
Clerk of the
Women's Meeting.
It was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
page: 87[View Page 87]PETITIONS AND MEMORIALS
were presented and referred to approbate committees, to wit:
By Mr. BEESON, a communication from the Doorkeeper in reference to the selection of rooms for the use of committees of the Senate--all but one in Circle Hall.
By Mr. FRIEDLEY, of Scott, two claims, one from the Sentinel and the other from the Journal office, for papers furnished and work done during the general session 1871.
REPORTS FROM COMMITTEES.
Mr. BIRD returned from the committee his canal repair bill, with a favorable recommendation thereon. His constituents were very much interested in the keeping up of the canal running through their county, as it supplies water to propel machinery, and for use in case of fires; but if Senators desired time to consider the provisions of this bill, he was willing should lie over, though it was desirable to have it advanced on the files as soon as practicable.
Mr. RHODES desired that the bill should be referred to the Committee on Canals.
Mr. SARNIGHAUSEN moved that the bill be referred to the Committee on Canals, so that Senators may be satisfied with its provisions.
Mr. BIRD objected to the reference, and moved, ineffectually, to suspend the order of business, that the bill may be read the second time now.
RESOLUTIONS.
Mr. DITTEMORE offered a resolution, which was adopted, that the elective officers of the Senate be allowed the same papers, wrapped and stamped, as are allowed members of the Senate.
Mr. DWIGGINS offered a resolution requesting the Auditor of State to inform the Senate of the amount of swamp-land fund now on hand.
It was adopted.
Mr. HAWORTH offered a resolution to pay the firemen five dollars a day for work done four days before the opening of this session and one after, which was adopted by yeas 27, nays 14.
Mr. HALL offered a resolution, which was adopted, instructing the Secretary to ascertain the names of evangelical ministers of this city who will offer prayers at the opening of the sessions, and notify in by mail two days before their services are required.
A message was received from the Governor, transmitting a communication and memorial from the State Bar Association.
PROHIBITORY LIQUOR LAW.
Mr. ORR offered the following:
RESOLVED, That the Committee on Temperonce inquire into the expediency of passing a law prohilfiting the granting of license to sell intoxicating liquors as a beverage, and report by bill or otherwise.
It was adopted.
HOUSE OF REFUGE.
Mr. BEESON moved to suspend the order of business that the bill [S. 44] amending the act establishing a House of Refuge be read the second time now.
The motion was agreed to, and the bill was read by sections. On motion by Mr. Beeson, it was referred to the Committee on Reformatory Institutions.
MEMBERS' PER DIEM.
Mr. HARNEY offered a resolution that the Committee on Fees and Salaries be instructed to report a bill making the pay of members eight dollars a day--deducting therefrom a sufficient amount to pay the employes of both Houses and for the stationery used.
On motion by Mr. BROWN, it was laid on the table.
ORDER OF BUSINESS.
Mr. ARMSTRONG called up his motion of yesterday, amending the rules so that when the introduction of bills shall be in order the Secretary shall call the roll, and that each Senator may have an opportunity to respond before the order is passed over. On motion of Mr. Brown, it was laid on the table.
COMMITTEE NAMES.
Mr. HAWORTH called up his resolution declaring that the Committee on Emigration shall hereafter be known as the Committee on Emigration and Statistics.
THE JUDICIARY.
On motion of Mr. GEEGG, a message from the Governor, transmitting the action of the bar of the State on the subject of the reorganization of the Courts of the State, was taken up, and its consideration postponed until two o'clock.
ELECTION OF UNITED STATES SENATOR.
Mr. HOUGH moved to take up the concurrent resolution in regard to the election of the United States Senator next Tuesday, a communication having been received from the House requesting the Senate to amend the resolution so as to provide that the election shall be held according to law.
page: 88[View Page 88]Mr. BROWN said the resolution had passed both houses, and the request of the House was entirely superfluous.
No action was taken on the motion.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally past to the second reading.
By Mr. GLESSNER, a bill [S. 53] for an act creating the Twenty-sixth Judicial District, composed of the county of Shelby.
By Mr. FRIEDLEY, a bill [S. 54] for an act to divide the State of Indiana into Congressional Districts (thirteen) to be composed severally of the following counties:
First District--Posey, Vanderburg, Warrick, Spencer, Gibson and Pike.
Second District--Sullivan, Knox, Daviess, Green, Martin, Orange Crawford and Dubois.
Third District--Harrison, Clark, Floyd, Washington, Jackson, Brown and Bartholomew.
Fourth District--Ohio, Switzerland, Jefferson, Scott, Jennings, Ripley, Decatur and Rush.
Fifth District--Dearborn, Franklin, Fayette, Union, Wayne and Randolph.
Sixth District--Johnson, Shelby, Hancock, Henry, Delaware, Madison and Grant.
Seventh District--Marion, Morgan, Hendricks and Putnarn.
Eighth District--Lawrence, Monroe, Owen, Clay, Vigo, Parke and Vermillion.
Ninth District--Boone, Clinton, Montgomery, Fountain, Warren and Tippecanoe.
Tenth District--Laporte, St. Joseph, Starke, Porter, Lake, Newton, Benton, White, Carroll, Jasper and Pulaski.
Eleventh District--Hamilton, Howard, Tipton, Cass, Miami, Fulton and Wabash,
Twelfth District--Jay, Blackford, Wells, Adams, Huntington, Whitley and Allen.
Thirteenth District--Kosciusko, Marshall, Elkhart, Lagrange, Noble, Steuben and DeKalb.
The bill is the same as that introduced in the House by Mr. Wynn yesterday.
By Mr. STEELE, a bill [S. 55] for an act to provide for the relocation of county seats, and repealing all laws in conflict therewith. (Where two-thirds of the legal voters shall petition for relocation, and procure a lot of ground not less than two and one-fourth acres, and pay an architect $50, etc.) [To provide for the relocation of county seats where two-thirds of the legal voters shall sign a written petition for the same, and shall procure conveyances of two lots, one of not less than twoacres as a site for the court house, and the other of not less than one-quarter of an acre as a site for a county prison. Upon compliance with these conditions, the County Commissioners shall proceed to erect county buildings upon such lots, provided that the cost of the same shall not exceed $15,000, unless requested by the petitioners.]
By Mr. DWIGGINS, a bill [S. 56] for an act to amend sections 21 and 27 of the town incorporation act of June 11,1 which 22d section was amended and ap-proved March 2, 1852. [To amend the act for the incorporation of towns so as to confer upon the Board of Trustees power suppress gambling, houses of ill-fame, to license, regulate and restrain auction establishments, traveling peddlers, traveling exhibitions, and the sale of intoxicating liquors, provided that where a license to sell intoxicating liquors is granted, the licensee shall pay a fee not exceeding $100. It also provides, that in case licensee refuses to pay his license, the same may be collected before any court of competent jurisdiction.]
The Senate then adjourned until two o'clock, p. m.
AFTERNOON SESSION.
The Senate met pursuant to adjournment, President Friedley in the chair.
Mr. GLESSNER, by leave, introduced a bill [S. 57] for an act to repeal the act to prevent the breaking of a quorum of the General Assembly, approved February 7, 1867, which was read the first time and passed to the secend reading.
THE JUDICIAL SYSTEM.
This being the hour for the consideration of the special order, Mr. Dwiggins concurrent resolution, for the appointment of a joint committee of three, one Senator and two Representatives, from each Congressional district, to consider the subject and report a bill for a reorganization of the judicial system of the State, this committee to have authority to sit during the interim between the special and regular sessions and instructed to report to the regular session in January next, wras taken up together with the proposed substitute therefor, offered by Mr. Glessner, which would reduce the number of the committee to eleven--four from the Senate and seven from the House.
On motion by Mr. DWIGGINS, a lengthy memorial from the Bar Association of Indiana, setting forth the necessity for reorganization of the courts in this State page: 89[View Page 89]was read. The memorial sets out at length the evils resulting from the present system, and asks that the number of Supreme Judges be increased to five, and to authorize the employment by the judges of secretaries. It also calls attention to the inadequate salaries paid the judges and prosecuting attorneys, asks for an increase of the same, and submits a statement of the salaries paid to judges in the different States. The memorial also makes numerous suggestions in regard to the method to be pursued in the trial of cases. It was transmitted to the Senate this morning through the Governor by the hand of the Executive Messenger, Captain John M. Commons.
Mr. GOODING presented a petition from the attorneys of Vanderburg county, praying for an increase of the salaries of executive and judicial officers. It is signed by leading lawyers and prominent citizens of Vanderburg, Posey and Perry counties, asking that measures be taken to carry the recommendations of the Governor's message on this subject into effect.
The resolution of Mr. BOONE to instruct the Committee on Organization of Courts to inquire into the expediency of dividing the State into convenient judicial districts, providing for a criminal conrt in each county, etc., which had been made a part of the special order, was also read.
The question was then on the adoption of Mr. Glessner's substitute.
Mr. GLESSNER explained that the original resolution requires the committee to bring in a bill for the reorganization of the judicial system. It is imperative. The committee would consist of thirty-three members. It would be too large and altogether unwieldy. The substitute authorizes the appointment of a committee to consist of but eleven members. It would require but a few days for the members from each of the several districts to get an expression from almost every member of the bar, which could be placed before the committee and aid greatly in framing a bill that would meet the demands of the State in this regard. In the county of Shelby the Circuit and Common Pleas Courts are eighteen months behind their business. Within a short time, without doubt, a constitutional convention would be called, but, for the present, the Legislature shouid take the shortest way to relieve the wants of the people. He favored the adoption of the substitute, which requires the committee to report at an early day.
Mr. BOONE moved to strike out the substitute and insert his resolutions in lieu, which refers the matter to the Committee on Organization of Courts of Justice. He would be willing to consult members of the bar throughout the State, but it is conceded on all hands that a revision of the judicial system is necessary. The people urgently demand relief and in many counties the delay experienced in the courts amounts almost to a denial of justice.
Mr. DWIGGINS concurred in the expression that members of the bar were not alone interested in this matter. It affected the people of the whole State. This subject has been discussed by several past legislatures; it has been referred to Committees on Organization of the Courts, but no committee of the Senate can give the matter sufficient attention unless they obtain leave of absence for days and weeks at a time. The recommendations set forth in the memorial from the Bar Association, read at the Secretary's desk this afternoon, were well put and should be acted upon at once and without delay. Let this Legislature do what it can to relieve our constituency by reforming the judiciary system of the State, and thus afford general relief. The present judiciary system was a crying evil in the State, and required immediate action. He hoped the substitute would not prevail, because the committee provided for in it would not have time to perform the business marked out for it.
Mr. DITTEMORE favored the amendment of Mr. Boone, because the matter properly belonged to the Committee on Organization of Courts, and because if either the original resolution or the substitute of Mr. Glessner was adopted, and the committees named therein entered upon their duties during this session, the Senate would be left without a quorum. He thought the Committee on Organization of Courts should have this matter in their own hands, and he should vote for the resolutions proposed by the Senator from Boone (Mr. Boone.)
Mr. ORR could not favor the original resolution, because the committee proposed is too large, and because it proposes that the committee shall sit after the adjournment of this session.
Mr. STEELE did not feel like favoring the organization of a committee so large as proposed in the resolution of the Senator from Jasper [Mr. Dwiggins], and especially did he oppose the sitting of the committee when the Legislature should not be regularly in session. He preferred to see this subject go to the regular committee appointed to consider it. The reform was needed at once. He was in favor of sub- page: 90[View Page 90]mitting the matter to the committee to which it regularly belonged--that on the Organization of Courts--and if they failed it would be time enough to try another committee.
Mr. BOONE supposed there would be a law passed this session providing for the completion by a succeeding session of any business left unfinished by this.
The substitute [Mr. Boone's] was adopted without a division, in lieu of that proposed by the Senator from Shelby [Mr. Glessner]. The resolution as offered by the Senator from Boone [Mr. Boone] was then adopted.
On motion by Mr. O'BRIEN, the papers and documents on this subject were also referred to the Committee on the Organization of Courts of Justice.
STATE PRINTING.
The PRESIDENT announced that he had received from the State Auditor advance sheets of so much of his Report as related to the subject of State printing, in accordance with a resolution of the Senate; which were directed to be placed on the desks of members.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally passed to the second reading, as follows, except in the case named:
By Mr. DWIGGINS, a bill [S. 58] for an act to repeal an act of June 18, 1852. to enforce the 13th article of the Constitution of Indiana. [The last section declares that whereas the above act is a disgrace to the State, an emergency exists for the immediate taking effect of this act.]
By Mr. HAWORTH, a bill [S. 59] for an act to amend section 16 of the county and township railroad aid act of May 12, 1869. [The amendment provides that no such subscriptions or donations shall be made or be valid until the railroad shall have been permanently located, the track laid and one train shall have passed over it.]
By Mr. ORR, a bill [8. 60] for an act regulating interest on all judgments or decrees, and repealing all conflicting acts. [Interest on judgments and decrees to be from date of judgment, at the rate mentioned in the original contract, not exceeding ten per cent., and if no rate be agreed on, then at six per cent.]
By Mr. THOMPSON, a bill [S. 61] for an act to protect society against dangerous consequences resulting from the pardoning of persons convicted of felony, on the plea of insanity; to protect society against the danger ensuing from setting at liberty persons who may have been acquitted of murder, manslaughter, robbery, arson, rape, burglary, or larceny, upon the ground of insanity. [The bill provides that, whenever any person shall be prosecuted for any murder, manslaughter, robbery, arson, rape, larceny, burglary, assault, or assault and battery with intent to commit any felony, or any other felony, and the plea of insanity shall be set up in defense, it shall be the duty of the court or jury trying the defendant to find specifically whether such defendant was or was not insane when the alleged offense was committed, and whether such insanity was impulsive, homicidal or moral, or not, and in case the court or jury shall find the defendant to have been insane when the offerise was committed, he or she shall be found not guilty thereof. Any person acquitted in any of the cases heretofore mentioned, shall be committed to some secure and strong ward of the hospital for the insane for the term of two years, and as much longer as may be necessary to complete the cure of such defendant, but such defendant shall be kept wholly separate and apart from all other patients in such hospital. It is expressly provided, further, that when any such person shall be acquitted of any charge of murder, manslaughter, robbery, or rape, by reason of the impulsive, homicidal or moral insanity of such person, then such person, upon his or her acquittal, shall be securely confined in such strong ward in said hospital for the insane during his or her natural life.
By Mr. DAUGHERTY, a bill [S, 62] for an act to amend the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th and 13th sections of the act of February 12, 1851, incorporating the town of Bluffton, in Wells county, Indiana, and also to repeal section 11 of said act.
By Mr. SARNIGHAUSEN, a bill [S. 63] for an act in relation to promissory notes, bank notes and bills of exchange, and to designate holidays to be observed in the payment of the same.
By Mr. HAWORTH, a bill [S. 64] for an act for the collection and publication of statistics. [The Secretary of State to collect information and prepare tables of statistics, concerning agriculture, mining, manufacture, education, crime, public taxes and expenditures, corporation, and vital and social statistics, and make reports to the Governor on or before December 1 in each year, and providing that all proper officers shall aid the Secretary in the collection of the statistics.]
By Mr. THOMPSON., a bill [S. 65] for an page: 91[View Page 91]act granting the consent of the State of Indiana for the purchase by the United States of certain lands in the city of Indianapolis not exceeding one acre, for the purpose of building thereon a public building for a P. O. and other public purposes, and ceding jurisdiction over the same.On motion of Mr. THOMPSON the consitutional restriction was dispensed with--yeas 39, nays 0--and the bill was read the second time and passed to the third reading.
By Mr. SLEETH, a bill [S. 66] for an act to empower the Board of Trustees of incorporaed towns to regulate the licensing and the sale of intoxicating liquors and the keeping of billiard tables within their limits. [To empower Boards of Trustees of incorporated towns to levy and collect a license fee not exceeding double the amount required for a State license of each person selling intoxicating liquors, and not more than $25 for each billiard table kept for rent or hire.]
Mr. GOODING, a bill [S. 67] for an act to amend section 29 of the Justices' Act of June 9, 1852. [To amend the act relating to Justices of the Peace, so as to provide that no change of venue shall be allowed unless the applicant shall pay, or secure the payment of, all costs occasioned by the change.]
By Mr. RHODES, a bill [S. 68] for an act to amend the second section of the act creating the Twenty-third Common Pleas District.
By Mr. SARNIGHAUSEN, a bill [S. 69] for an act to authorize and empower incorporated cities owning real estate to sell and convey such real estate as the Common Councils of such cities may deem expedient.
At this time a large number of leaves of absence were obtained.
On motion by Mr. SLEETH, the vote adopting a resolution of this morning, directing the Secretary of the the Senate to ascertain what evangelical ministers would attend and open the daily sessions of the Senate with prayer, was reconsidered, and after being amended so as to strike out the word "evangelical," was again adopted.
The Senate then adjourned till ten o'clock to-morrow.
