THE
BREVIER LEGISLATIVE REPORTS
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
MONDAY, December 9, 1872.The House met at 2 o'clock, p. m., pursuant to adjournment.
On motion of Mr. LENFESTY, the reading of the journal of yesterday was dispensed with.
Mr. EDWARDS, of Lawrence, from the Committee on Elections, reported satisfaction that every member on the roll of the House of Representatives has been duly elected.
The report was concurred in by unanimous consent.
REPORTS FROM COMMITTEES.
Mr. WALKER, from the Judiciary Committee, reported the bill [H. R. 131] for the prevention of cruelty to animals, recommending its indefinite postponement, and reporting a substitute therefor--viz.: A bill [ H. R. 212 ] for an act providing against cruelty to animals, and providing punishment therefor.
The report was concurred in and the substitute passed to the second reading.
Mr. WILSON, of Ripley, from the Committee on the Judiciary, returned Mr. Kimball's bill [H. R 190] to amend sections 25 and 26 of the act regulating descents, and the apportionment of estates, approved May 14, 1852, recommending that it be indefinitely postponed, and reporting a substitute therefor, viz: a bill [H. R. 213] with similar title, recommending its passage.
Mr. WILSON of Ripley said the law now standing provides that where the husband or wife dies intestate, leaving no father, mother, or child, the whole shall descend to the survivor. The original bill provides in such cases that one-half of the property should go to the deceased party's heirs, and the other to the wife, provided the estate does not exceed $1,000. The committee raise this amount to $10,000. The present law is liable to objection, because if the husband dies leaving $100,000, having neither father, mother or child, the estate goes wholly to the wife--goes entirely into the family of a stranger to the husband's blood.
The substitute was passed to a second reading.
On motion of Mr. W. the substitute was laid on the table, and it was ordered that 200 copies thereof be printed.
Mr. W. also returned Mr. Pfrimmer's bill [H. R. 202] to amend the coroner's act of 1858] recommending its indefinite postponement.
Mr. BUSKIRK. The bill provides that where a physician is called to attend a coroner's inquest in no case shall he receive more than $10 for his services. To this the committee submit their adverse report; and, accordingly, the bill was indefinitely postponed.
WIFE-WHIPPING A FELONY.
Mr. WILSON, of Ripley, returned Mr. Kimball's bill [H. R. 132] defining wife-whipping and prescribing punishment therefor, recommending that it be indefinitely postponed, and expressing the opinion that there is ample punishment for this oftence already provided by law.
page: 217[View Page 217]Mr. KIMBALL. It seems to me that the present legal penalty for assault and battery is not sufficient for this offence, and I trust in the goodheartedness of members for their votes on this bill. I know the law should be more strict than it is. In the county of Marion there are numerous offences of this kind that are passed over too lightly or disregarded altogether. And I have a letter from the county of Bartholomew alleging a number of cases there, which the penalty for assault and battery can't restrain, and the result is the separation of the parties. So, if you punish this offence adequately the courts will not be burdened with applications for divorce. I think members ought to vote for this bill, especially those who are expecting to get wives; and if all such do not vote for it they ought to be obliged to remain bachelors all the days of their life.
Mr. SMITH proposed to amend by inserting the words: "No man shall be allowed to whip his wife unless she needs it."
Mr. WILSON, of Ripley. Gentlemen should not confound the administration of the law with the law itself. The law now provides fine and imprisonment for this effense; but this bill makes it a felony. Under this bill there would be no alternative but the offender must go to the penitentiary. We can't legislate perfectly with reference to moral conduct. But I do not see why it should be a greater offense for a man to whip his own wife, than to whip his neighbor's wife, or for the wife to whip her husband. And there are extenuating circumstances. A man may be guilty of assault and battery, and yet it may be that he should not go to the penitentiary. The Committee considered that a fine and six months' imprisonment might suffice for an offense so simple as that of assault and battery.
Mr. KIMBALL. In ninety-nine cases out of a hundred where a man whips his wife he ought to go to the penitentiary; and if we could go back, I would be glad to amend the bill so that none shall whip another's wife. But there need be no law to forbid the wife from whipping her husband, for that is never done unless he deserves it.
Mr. MILLER. It seems to me that reasoning in the report is sufficient--and that is, that the law as it now stands provides ample punishment. The law prescribes a fine of a thousand dollars and imprisonment in the county jail not exceeding one year. Now if the punishment was more severe than it is, the law could not be enforced. Again, the wife commonly must be the informer; and if she knew that the law would take her husband away so long she would never inform on him. Better to have the law reasonable, and leave a discretion as to the punishment to the court and jury. But the law is abused. Sometimes, for this offense, a justice will fine one dollar and costs. It might be a wipe provision of law, that the offender should not be fined less than $25, and to make the least grade of imprisonment one year. But, after all, perhaps the best way to protect the wives would be to make a good temperance law; for it will be seen that, even in Marion county, very few whip their wives unless they are drunk.
Mr. BUSKIRK. This debate is assuming something of our school boy days, when we had the question: Which is the greater calamity, a smoking chimney or a scolding wife? I think it would evidently be a greater misfortune to the wife to be whipped, than to have her husband sent to the penitentiary. But this bill would send the villain to the penitentiary for his declaration of intention to whip. Seriously: the present legal penalties are severe enough, the remedy is not to be found in severer enactmennts.
Mr. BARRETT. I do not know but it is a fair bill, but I do not want the House to understand that there are so many cases of wife-whipping in my county.
Mr. KIMBALL. I wish to set myself right before the House so far as Bartholomew county is concerned. [He produced and read the letter referred to, dated at Elizabethtown, addressed to Mr. K., expressing a liking for his bill (H. R. 132), and praying for its passage, and stating that they have six wife-beaters living in that town; that one of them has been prosecuted before a justice of the peace, and he got off so easily that his wife would not live with him after; another man, etc.]
Mr. BARRETT. Elizabethtown is so near the county line that I am inclined to think that a part of that business must have been done in Jennings county.
Mr. WALKER, The gentleman from Marion says the operation of this bill will discourage applications for divorce. But I would ask that gentleman, soberly: are you willing to place it in the power of the wife, by her own testimony, to put her husband into the penitentiary, and thereby obtain a legal cause for divorce? She has but to swear that her husband has whipped her, and put him into the penitentiary. That, to my mind, is a serious thing--too much power to trust in her hands.
page: 218[View Page 218]The bill was indefinitely postponed--yeas 47, nays 30.
REFUNDING TAXES.
Mr. MILLER, from the Judiciary Committee, reported back Mr. Richardson's bill [H. R. 157] authorizing the refunding of taxes collected in 1869 and 1870 on erroneous assessments of 1869, with a recommendation that it be indefinitely postponed.
On motion of Mr. OFFUTT, the report was laid upon the table to await the return of the author of the bill.
Mr. JOHNSON returned his bill [H. R. 112] to render wives competent to testify in actions brought for injury done to them, with an amendment inserting appropriately these words: "To the person or character of," so as to read, "For injuries done to the person or character of the wife." The amendment was adopted, and so the bill was ordered to the engrossment.
Mr. RIGGS, from the Committee on Claims, returned the claim of William Williams for $89 60, recommending that he be allowed $80, the amount of his claim less interest. He also recommended for the allowance of the usual pay for three committee room door keepers, from the organization of the House of Representatives.
Mr. SHUTT reported against the claim of Isaac Rubey, well digger, and in favor of the claim of Eliza Blake, for expenses incurred by her late husband on account of the Gettysburg Monumental Association.
Mr. COBB reported on the claim of Jonathan W. Gordon, recommending an allowance to him of $250; and he reported against the claim of Robert S. Taylor for expenses incurred by him in resisting the contest of William B. Walters for his seat in the House of Representatives of the last General Assembly.
These reports were severally concurred in.
COUNTY BUSINESS.
Mr. THOMPSON, of Elkhart, from the Committee on County and Township Business, returned the bill [H. R. 137] to prohibit Township Trustees from levying taxes on the inhabitants of incorporated towns, or on the real or personal property of said inhabitants situated therein, recommending its passage. He also returned Mr. Billingsley's bill [H. R. 133] prescribing the time for transacting road business by County Commissioners, and for the appointments of superintendent and physician for the poor (the road business at the regular sessions, and the appointments of superintendent and physician at the December session), and recommending its passage.
These bills were ordered to the engrossment.
STATE SOLDIERS MONUMENT.
Mr. KIMBALL, from the special Committee on Indiana Soldiers' Monument returned bill [H. R. 124] to provide for the construction of a state monument to the memory of Indiana soldiers (in the Governor's Circle, Indianapolis, appropriating $100,000) with amendments. Add the following to the end of section seven: "Provided not more than one-third of the sum appropriated in this section shall be expended in any one year, and no portion of the same shall be drawn without the order of the Board of Managers, approved by the Governor; and provided further, that before any portion of said money shall be drawn by the Treasurer, there shall be subscribed and collected the sum of $50,000, as contemplated in section eight;" and when so amended the Committee recommend the passage of the bill.
The amendments were adopted, and the bill ordered to be engrossed.
NEW PROPOSITIONS.
The SPEAKER took up the call by counties for bills and resolutions.
Mr. CLINE introduced a bill [H.R.215] to create the [blank] judicial circuit, to authorise the appointment of a Judge and Prosecutor therein, etc., and to transfer the county of Union from the fourteenth to the fourth circuit. (To consist of Jennings, Bartholomew and Decatur.)
It was referred to the Committee on the Judiciary.
Mr. WESNER introduced a bill [H. R. 216] to make it a misdemeanor for a Prosecuting or District Attorney or any Deputy Prosecuting Attorney to receive any gift, bribe, reward or fee of any person charged with having committed any misdemeanor or violation of municipal law.
It was referred to the Committee on the Judiciary.
Mr. WILLARD presented a petition for repeal of the fee and salary act.
Mr. MARTIN submitted a joint resolution to instruct Congressmen for a law of Congress to give one hundred and sixty acres bounty to all soldiers and seamen of ninety days service in the late war of the rebellion, which was referred to the Committee on Federal Relations.
Mr. BUSKIRK submitted a preamble and concurrent resolution, reciting the Governor's recommendation for preserving and filing the original manuscripts of the journals of the two Houses of the General Assembly, and instructing the Secretaries and Clerks to have those page: 219[View Page 219]original manuscripts permanently bound and deposited in the office of the Secretary of State, and that copies thereof be made and furnished to the printer under the directions of the said Secretaries and Clerks.
It was adopted.
Mr. LENFESTY desired to move the reconsiderotion of the vote of last week, by which Mr. Rumsey's bill [H. R. 90] failed to pass. It would affect but few counties, and it might be applied very beneficially to some, as in the gentleman's [Mr. Rumsey's] county, where such undedicated grounds have been used for school house urposes.
Mr. RUMSEY added that his people have a school house erected on such ground worth six or seven thousand dollars.
The vote was reconsidered, and the bill restored to the calender.
Mr. CLARK submitted a resolution that the Judiciary Committee inquire into the expediency of abolishing the death penalty in this State, and substuting there or imprisonment at hard labor for life, and report, etc. It was rejected, but subsequently the vote was reconsidered, and the resolution referred to the Committee on the Judiciary.
Mr. HEDRICK presented a petition.
Mr. COBB introduced a bill [H. R. 217] to amend section six of the act of May 12, 1852, concerning promissory notes, etc. [Notes payable in bank, and notes by and beween merchants, and none other shall be negotiable as inland bills of exchange.]
It was passed to the second reading.
Mr. WILSON, of Ripley, introduced a bill [H. R. 218] to amend section 208 of the practice act of June 18, 1852. [It respects the specifications regulating the change of venue.]
It was referred to the Committee on the Organization of Courts.
Mr. GLAZEBROOK introduced a bill [H. R. 210] to regulate the sales of drugs and medicines, and fixing a penalty for violation of the same.
It was referred to the Committee on the Affairs of Indianapolis.
Mr. JOHNSON introduced a bill [H. R. 220] to amend the first section of the act to organize a Supreme Court and prescribe the duties of the judges thereof, approved May 13, 1852. [Five judges and for dividing the State into five districts.]
It was referred to the Committee on Elections.
Mr. PEED introduced a bill [H. R. 221] to provide for the recording of certain leases of real estate therein mentioned, and prescribing penalties for violation of the provisions of this act.
It was referred to the Committee on the Judiciary.
Mr. BUTTS introduced a bill [H. R. 222] to suppress tippling houses; to regulate the sale, barter or giving away of intoxicating spirits; to punish drunkenness, prescribing penalties, etc. [Penalty for first offense a fine of $10, second offense $20, third offense $50 and imprisonment thirty days.
It was referred to the Committee on Temperance.
Mr. RIGGS introduced a bill [H. R. 223] defining what county shall constitute the Thfrtieth Judicial Circuit, the appointment of a judge thereof, fixing the time for holding court therein, etc. [County of Vanderburg, the Governor to appoint the judge.]
It was referred to the Committee on the Organization of Courts.
Mr. EDWARDS of Vigo (Mr. Johnson in the chair), introduced a bill [H. R. 224] to amend the first section of the act of January 14, 1846, to incorporate the Female Seminary of St. Mary's of the Woods, in Vigo county, Indiana.
TWO PER CENT. LAND SALES CLAIM.
The SPEAKER announced the consideration of the Senate joint resolution No. 2, in relation to the two per cent. claims of Ohio, Indiana and Missouri, now pending before Congress, on the sale of the public lands and reservations--instructing and requesting Congressmen to vote for the passage of the bill.
It was adopted on the part of the House of Representatives--yeas, 70; nays, 0.
UNSURRENDERED STATE BONDS.
The SPEAKER took up and announced the consideration of the bill [S. 85] to provide for the payment of sundry bonds or stocks of the State, issued prior to the year 1841 (to the extent of 191 bonds), on the first reading.
Mr. KIMBALL. Seeing that it is similar to the bill of the House, which is made the special order for to-morrow, I move to suspend the restrictions that it may be advanced and considered at the same time.
The motion was agreed to by yeas and nays, and the order made accordingly.
The House then adjourned.
