THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, November 27, 1872.The Senate met pursuant to adjournment, President Friedley in the chair.
The Rev. S. S. Hunting, pastor of Unity Church, opened the session with prayer.
On motion the reading of the Secretary's minutes were dispensed with.
BASTARDY.
On motion of Mr. BROWN the order of business was dispensed with, and he returned from the Judiciary Committee the bill [S. 36] to regulate proceedings in bastardy with a substitute therefor, viz: a bill to amend sections 15 and 17 of the act of May 16, 1852, regulating prosecutions in cases of bastardy and providing for the support of illegitimate children, so that the testimony of the prosecuting witness may be perpetuated, and the prosecution may be commenced before a justice of the peace; and requiring the court to demand security for the proper expenditure of the money for the support of the child; that the suit may be dismissed by the prosecuting witness, when provision has been made by the reputed father for the maintenance and education of the child, the terms of provision to be filed with the records of the court; and where the prosecuting witness is an unsuitable prrson to have the custody of the child and of the funds for its support, the court may appoint a suitable person who shall give security for the faithful performance of his duty.
Mr. NEFF hoped the Senate would refuse to concur in this report of the committee, for he desired to see this class of cases taken out of the hands of justices and planed in the Circuit and Common Pleas Courts, as his bill [S. 36] provides.
He hoped the amendment giving jurisdiction in these cases to Justices of the Peace would not be adopted. It rendered the prosecutions more expensive to the prosecuting witness, and was less satisfactory than where the prosecutions are commenced in the Circuit or Common Pleas court.
Mr. N. said that cases of this kind should always be commenced in courts of record. Every one who has had any experience in practicing before Justices knows that in a majority of cases the trials of such causes are but farces. He preferred the Senate should not adopt the report of the committee, but on the contrary perfect and adopt the original bill, changing the jurisdiction of such cases from Justices' courts to courts of Common Pleas and Circuit Court. He believed the provisions to be just. When a member of the House of Representatives, in 1867, he offered a similar bill which passed the House but failed to pass the Senate. He really believed a law should be passed which would give bastard children some rights. Legal gentlemen know how often putative fathers take advantage of the mother by giving her what they call satisfaction, but which is really no satisfaction, and thus the ends of justice are defeated. The object of the law is to page: 137[View Page 137]secure a support and the means of education for the child. He never knew of a settlement in such a case but what the object of the law has been defeated. Generally these men are shrewd men whotake advantage of the mother and get her to come into court and say that proper allowance has been given her and that satisfaction has been made, when such is not the case. He thought these casesshould be taken out of Justices' courts and given into more competent hands to try.
The report of the committee was concurred in.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. BROWN, from the Judiciary Committee, returned the bill [H. R. 22] to amend the first section of the act of March 4, 1865, for the completion of the unfinished business of any General Assembly by the succeeding session of the same General Assembly, with a report recommending its passage.
It was concurred in.
Mr. BROWN also returned a bill [S. 28] on the same subject, recommending it be on the table.
The report was concurred in.
He also returned from the same committee the bill [S. 16] authorizing suits to be brought in partnership name only in certain cases, with a substitute therefor, entitled "An act authorizing suits to be brought in the partnership name, and repealing all conflicting laws," providing that where a partner has failed to contribute to the capital the amount due by him to carry on the business, and there shall be outstanding debts against the pertnership, it shall be lawful for any other partner who has contributed his full quota to sue the delinquent in the name of the partnership, the amount recovered to be paid for the benefit of the partnership.
The report was concurred in.
He also returned the bill [S. 20], from the same committee, relating to the sale of real estate on execution owned by husband and wife, with a report that it lay on the table.
It was concurred in.
He also returned from the same committee Mr. Neff s bill [S. 19] to amend the divorce law, recommending that the bill be laid on the table.
It was concurred in.
THANKSGIVING RECESS.
Mr. BROWN said that inasmuch as it is understood that the Senate will adjourn from a little after noon to-day till Monday, he moved to suspend the regular order of business that bills on the second reading may be read and referred to appropriate committees. He withheld his motion for--
ADDITIONAL PAY WANTED.
Mr. THOMPSON, who presented a communication from the Adjutant General of the State, netting forth the duties of the office, and praying for increased compensation--$3,300 in addition to what he has already received.
It was referred to the Committee on Claims.
BOUNDARY LINES.
Mr. BOWMAN, from the select committee thereon, returned the bill [S. 50] to define more correctly the boundary line between Clark and Washington counties, with a recommendation that it be passed.
It was concurred in.
Mr. BROWN renewed his motion to take up bills on the second reading.
The motion was agreed to.
WORK FOR COMMITTEES.
The following described bills were read by title and referred to appropriate committees:
Mr. SMITH'S bill [S. 83] denning the offense of libel and prescribing punishment therefor.
Mr. STROUD'S bill [S. 84] to protect citizens of Indiana from empyricism and to elevate the medical profession.
The bill [H. R. 7] providing that justices shall have exclusive jurisdiction in certain misdemeanors.
The bill [H. R. 27] concerning interest on judgments.
The bill [H. R. 32] to fix the terms of the Sixteenth Judicial District Court.
SCHOOL HOUSES.
Mr. RHODES, by leave, introduced a bill [S. 86] for an act to amend section one of the act authorizing cities and towns to issue bonds to build and complete school houses, and authorizing the levy of an additional tax for payment thereof, approved March 11, 1867, which was read the first time and passed to the second reading.--[It authorizes cities and towns to negotiate a sale of bonds not exceeding $40,000 in the aggregate, to procure means to complete school buildings, etc.]
PLANK ROAD ASSESSMENT.
Mr. GLESSNER moved that the committee having in charge the bill [S. 31] report the same back, in order that it may be printed.
The motion was rejected.
page: 138[View Page 138]FEDERAL BUILDINGS IN EVANSVILLE.
Mr. GOODING, by leave, introduced a bill [S. 87] for an act granting the consent of the State of Indiana, for the purchase by the United States Government, of land situated in the city of Evansville, on which to erect a postoffice building, which was read the first time and passed to the second reading.
A MESSAGE FROM THE GOVERNOR
Transmitting a report of the Trustees of the Deaf and Dumb Asylum, was received at the hands of the Executive Messenger, in which His Excellency recommends the passage of a concurrent ressolution ordering the printing of five thousand copies of said report.
TWENTY-FIFTH COMMON PLEAS.
Mr. DWIGG1NS moved to suspend the regular order and take up the bill [S. 8] for an act providing for the holding of courts in the Twenty-fifth Common Pleas District, of the State of Indiana--Miami, Cass and Pulaskt.
The motion was agreed to, the bill was read the third time and passed the Senate by yeas 45, nays 0.
On motion by Mr. DWIGGINS, the title was amended by adding the words "and declaring an emergency."
ORDER OF BUSINESS.
Mr. BROWN moved to take up the order of introduction of bills.
On motion by Mr. O'BRIEN, the motion was laid on the table.
BANKS.
Mr. DAUGHERTY moved to take up his bill [S. 2] to incorporate banks.
On motion of Mr. BROWN, the motion was laid on the table.
CLAIMS COMMITTEE REPORT.
Mr. BEESON, from the Committee on Claims, returned the claim of George T. Carr for clerking at the last session, with a recommendation that it be indefinitely postponed, this clerk having received five dollars a day for each day of that session.
On motion by Mr. DITTEMORE, the report was laid on the table, in the absence of the Senator from Grant, who presented the claim.
BIRD AND SARNIGHAUSEN CONTEST.
Mr. NEFF, from the Committee on Claims, returned the claim of John Sarnighausen of $191 for expenses incurred in the contest of his seat last session.
Mr. BROWN moved to add a provision allowing the same amount to the contesteem Ochmig Bird.
Mr. NEFF said there was no claim filed by Senator Bird. The committee simply allowed the actual cash outlay to Senator Sarnighausen. If Mr. Bird's expenses were the same Mr. N. would not object.
Mr. BROWN knew Mr. Bird's expenses to be more than the sum named. He modified his motion, so that the report may be recommitted with instructions to include an appropriation in favor of Mr. Bird, which motion was agreed to.
PAY TO COMMITTEEMEN.
Mr. DITTEMORE offered a resolution that the Senate Committee on Military Affairs of 1871 be allowed thirty dollars each for expenses incurred in visiting the Soldiers' Home.
On motion by Mr. COLLETT it was referred to the Committee on Claims.
ALLEGED FRAUD IN PUBLIC PRINTING.
Mr. SLATER offered the following:
WHEREAS, It has been a matter of repeated allegation on the part of the public prints, that during the period when William R. Holloway, Samuel M. Douglass, and Alexander H. Conner were State Printers, it became and was the practice and custom of said State Printers to file false and forged vouchers with the Auditor of State, for the false and pretended purchase of paper for the use of the State; that under such "raised" false and fraudulent vouchers the State was defrauded out of large sums of money, a portion only of which has been reimbursed to the Treasury of the State; and, whereas, the evidence of said frauds so perpetrated upon the Treasury, will aid in a knowledge of the facts necessary for the legislation required to recover said sums of money and effectually prohibit the repetition of such offenses in the future; therefore, be it
RESOLVED, That the President of the Senate appoint a special committee of five members of the Senate with power to send for persons and papers to investigate said charges and report the result of their investigations, together with the evidence elicited therein to the Senate, for its action.
On motion of Mr. O'BRIEN it was referred to the Committee on Public Printing.
SUPREME COURT REPORTER.
Mr. SLEETH offered a preamble and resolution setting forth that by law the Reporter of the Supreme Court is required to cause to be printed and published all decisions of said Court within six months of the end of the term at which they are made, that the reports have been brought up only to the end of the November term of 1870. and requesting the Clerk to furnish a statement of the decisions made since that time up to and including the May term of 1872, the number of volumes the same will make when printed, and the reasons why the reports have not hereto- page: 139[View Page 139]fore been made and published according to law.
It was adopted.
RESOLUTIONS.
Mr. HOUGH offered a resolution instructing the Secretary of State to enquire into the cause of the delay in printing the Governor's message and to take measures to secure its immediate printing and distribution.
It was adopted.
Mr. SCOTT offered a resolution looking to the better ventilation of the Senate chamber.
It was referred to the Committee on Public Buildings.
ASYLUM REPORT.
Mr. THOMPSON introduced a resolution, that 5,000 of the report of Trustees of the Institution for the Deaf and Dumb, be printed; 3,000 for the Senate, and 2,000 for the Superintendent of the Institution, pending which
A MESSAGE FROM THE HOUSE.
Messrs. Representatives Cauthorn and Kimball appearing at the door of the Senate with a message from the House of Representatives, the doorkeeper of the Senate announced a "message from the House."
Representative Cauthorn addressed the President, and, being recognized as " Mr. Cauthorn," announced that the House of Representatives were now in waiting and ready for the Senate to appear in joint convention of the two houses, for the purpose of comparing the vote cast by the Senate and House yesterday noon, for Senator of the United States.
On motion of Mr. COLLETT, the Senate repaired at once to the Hall of the House of Representatives for the purpose indicated in the message, preceded by the Presidnet, with the House messengers on either side of him, and Senators following in pairs, arm-in-arm.
And when the PRESIDENT resumed Chair--
The Senate took a recess till two o'clock p. m.
AFTERNOON SESSION.
On reassembling at two o'clock, the order for the introduction of new bills was announced.
Mr. CHAPMAN introduced a bill [S. 88] for an act to authorize the construction of levees, dykes and drains, which was read the first time and passed to the second reading. [It provides for corporations and a clause prohibiting the mortgaging of assessments and the issuing of bonds thereon.]
THE SCHOOL FUND.
Mr. GOODING introduced a bill [S. 89] to provide for the issuing of a non-negotiable bond to the school fund, for money advanced by or borrowed from the school fund of the State, including interest, which was read the first time and passed to the second reading.
Mr. STEELE introduced a bill [S. 90] to amend section twenty-four of the act of May 16, 1852, regulating descents and the apportionment of estates, which was read the first time and passed to the second reading. [The bill, provides that where a man dies intestate and leaves a widow and child, or children not exceeding two, the personal property of such intestate shall be equally divided between the widow and the child or children, but if the number of children exceed two the widow shall not be reduced below one-third; provided that if a man marry a second or subsequent wife, the use and possession of the lands which at his death descended to the wife, shall be free to her from the demands of his creditors for life, and at the death of such widow the remainder of such real estate, not required for the payment of his debt, shall descend to the children of such husband.]
MARRIED WOMEN.
Mr. ORR introduced a bill [S. 91] declaring the real estate of a married woman liable for debts contracted by her for necessaries furnished for her family, or for work or labor done on such real estate, which was read the first time and passed to the second reading.
Mr. HUBBARD introduced a bill [S 92] for an act to amend section sixteen of the act of May 6,1852, concerning real property and the alienation thereof, which was read the first time and passed to the second reading. [Providing that every conveyance, lease or mortgage, shall be recorded, and if not recorded shall be fraudulent and void against subsequent purchaser in good faith and without notice.]
NUMBER OF JURORS.
Mr. RINGO introduced a bill [S. 93] for an act limiting the number of grand and petit jurors in the courts of this State. [Grand juries to consist of six, and petit juries to consist of six members.]
It was read the first time and passed to the second reading.
page: 140[View Page 140]HOMES FOR THE FRIENDLESS.
Mr. THOMPSON introduced a bill [S. 94] for an act concerning Homes for Friendless Women, the collection of fines and forfeiture, and declaring an emergency. [In cities where Homes for Friendless Women are established, all fines assessed and collected from houses of evil fame or from the suppression of vice shall be paid over to such Homes.]
It was read the first time and passed to the second reading.
FOR A NEW DRAINAGE LAW.
On motion of Mr. CHAPMAN, the constitutional restriction was despensed with--yeas, 38; nays, 0, and his bill [S. 88] introduced this afternoon, was read by title and 200 copies ordered to be printed.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally passed to the second reading
By Mr. SCOTT, a bill [S. 95) for an act to protect rivers, streams or bodies of water from which water is taken for the supply of any city or town or benevolent institution in this State. [To prevent the fouling of rivers, streams or ponds of water from which any city, town, village or benevolent institution draws its supply of water, by the casting therein, within ten miles of the water-works of any carcass, offal or other substance calculated to render the water impure, foul or objectionable. The penalty is fixed at not less than $500 and not exceeding $1,000 for each offense, to which may be added, at the discretion of the Court or jury, imprisonment in the county jail for not more than one year.]
By Mr. WADGE, a bill [S. 96] for an act to encourage manufacturing in the State of Indiana and legalizing the conveyance of real estate to foreign manufacturing companies [not exceeding forty acres.]
By Mr. COLLETT, a bill [S. 97] for an act to provide for the organization of an experimental school for the education of idiotic or feeble-minded children [appropriating $25,000 therefor.]
By Mr. COLLETT, a bill [S. 98] for an act to prevent carrying concealed or dangerous weapons and to provide punishment therefor, and repealing all conflicting laws. [Every person not being a traveler who shall carry a concealed deadly weapon, or slung shot, or wear such openly with the avowed purpose of injuring his fellow man shall be punished on conviction.]
By Mr. COLLETT, a bill [S. 99] for an act to authorize sureties upon notes, bills, bonds or other sureties in writing who have been compelled to pay for their principal, to collect from the principal interest on such amounts at the rate named in such original contracts.
By Mr. DAGGY, by request, a bill [S. 100] for an act to amend sections 352 and 354 of the general practice act.
By Mr. COLLETT, a bill [S. 101] for an act concerning contracts with railroad companies in this State for carrying freight and passengers.--[To authorize any railroad company connected with another railroad to make such contracts with such other company for the transportation of freight and passengers as to the Board of Directors may seem proper, and legalize all such contracts heretofore made in good faith.]
By Mr. HUBBARD, a bill [S. 102] for an act to repeal all laws providing for the appraisement of property taken on execution, or any final legal process.
By Mr. SMITH, a bill [S. 103] for an act to amend section 78 of the cowmon school law. [Satisfaction of mortgages to the school fund shall be entered by the Recorder in certain cases.] [The amendment provides that whenever the amount due on any mortgage is paid, and the receipt of the Treasurer is tiled, the Auditor shall indorse on the note and mortgage that the same has been fully satisfied, and surrender the same to the person entitled thereto, etc.]
By Mr. ORR, a bill [S. 103] for an act to repeal the plank and gravel road assessment act of May 14, 1869, and authorizing companies who have commenced roadsd under the provisions of said act to complete the same.
CLAIMS.
Mr. ORR also presented the claims of the Daily and Weekly Commercial for $40 50 for papers furnished the Senate.
They were referred to the Committee on Claims.
MARRIED WOMEN.
Mr. NEFF moved to suspend the order of business and take from the table the report of the Judiciary Committee, on the bill [S. 26] to amend section 18 of the act regulating descents and the apportionment of estates, approved May 14, 1852.
The motion was agreed to.
Mr. NEFF moved to amend the report by changing the recommendation from that of indefinite postponement to a recommendation that the bill be put upon its passage. He believed it was time to change the old idea that married women can do nothing; that she is so swallowed up in marriage that she can do no legal act in page: 141[View Page 141]herself. He said the amendment provided that a widow holding real estate who should marry a second or subsequent time, may alienate her estate with the assent of her husband, and the proceeds shall be her separate property. The present statute he conceived to be wrong, and the amendment would do nothing but justice. Widows thus situated, who marry again, sometimes own unimproved real estate, from which they derive no income, but on which they have to pay taxes, and which thus becomes a burden to them. And yetunder the present law, they can not rid themselves of the burden, even with the consent of their husbands. He thought it simple justice to allow a woman to sell her property, sue for the purchase money, reinvest it, and exercise all the rights to which she would be entitled as an unmarried woman. He believed it was time to permit women to act for themselves, and that we should educate them to do business and be independent.
Mr. GLESSNER [Mr. Hubbard in the chair] said the bill was considered by the Judiciary Committee, but one member of which committee was now in the Chamber. Many seats are now vacant with the understanding that no business was to be done this afternoon, and yet there has been brought up one of the most important bills of the session. He moved to lay the motion to amend on the table.
The motion was agreed to.
PAPERS FOR EMPLOYES.
Mr. WADGE offered a resolution instructing the Doorkeeper to furnish the employes daily a copy of the daily Journal and Sentinel.
It was adopted.
And then the Senate adjourned till Monday, at two o'clock.
