THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, December 13, 1872.The Senate met at ten o'clock, a, m.
The Secretary's minutes of yesterday's proceedings were being read when--
On motion by Mr. THOMPSON the further reading thereof was dispensed with.
PETITIONS AND MEMORIALS.
The following papers were presented and referred to the appropriate committees:
By Mr. ARMSTRONG: From the Mayor and Council of Kokomo, the Superintendent of Public Instruction, and other residents of the town, praying that an erroneous assessment for school purposes madeby the school trustee may be legalized.
By Mr. NEFF: From over one thousand citizens of Randolph county, two petitions praying for the repeal of gravel and plank road laws, and the railroad assessment laws.
By Mr. BUNYAN: Two petitions, praying for a repeal of the township and county railroad aid act.
By Mr. TAYLOR: From tax payers, praying for the enactment of a law authorizing county boards to make appropriations to aid in keeping in repair the Wabash and Erie Canal through counties along the line thereof.
By Mr. HOUGH: On the subject of railroads, from citizens of Henry county, praying modification of county and township railroad act.
By Mr. DAGGY: A petition, which was referred, without reading, praying the enactment of a law to prevent reckless hunting.
By Mr. COLLETT: With regard to reckless hunting and shooting.
REPORTS FROM COMMITTEES.
Mr. BROWN, from the Judiciary Committee, returned the bill [S. 23] to authorize counties to appropriate money to keep in repair any canal running through said county, with a report recommending amendments.
He also returned from the same committee the bill [S. 103] to amend the Common School law, with a favorable recommendation.
He also returned from the same committee the bill [S. 98] to prevent carrying concealed weapons, with amendments.
He also returned the bill [S. 93] limiting the number of grand and petit jurors, recommending that it be indefinately postponed.
He also returned the bill [S. 42] to amend the act concerning promissory notes.
Also the bill [S. 67] amending, the 29th section of the Justices' Act, recommending its indefinite postponement.
These reports were severally concurred in.
Also the bill [S. 102] for the repeal of the valuation and appraisement laws of property taken on execution, recommending that it lie on the table.
page: 266[View Page 266]Mr. HUBBARD resisted concurrence in this report, citing reasons why some such bill as the one proposed should become the law of the land.
The report was concurred in.
Mr. BROWN, from the Judiciary Committee, returned the bill [S. 92] to amend section 16 of the real property act, recommending that it be indefinitely postponed.
Also the bill [S. 57] to repeal the act to prevent the breaking of a quorum of the General Assembly, recommending indefinite postponement.
Also, the bill [S. 60] to regulate interest on judgments, with a similar report--the House having passed a bill in almost the same language.
These reports were severally concurred in.
Also, the bill [S. 90] to amend section 24 of the descent and apportionment of estate act, with a report that it lie on the table.
The report was concurred in.
He also returned the bill [S. 18] to repeal the plank and gravel road acts of 1867 and 1859, recommending indefinite postponement.
Mr. GREGG advised careful consideration before voting upon this report.
On motion of Mr. BROWN, the report was laid on the table till Senator Steele shall appear in his seat.
DECEDENTS' ESTATES.
Mr. BROWN, from the Judiciary Committee, returned the bill [S. 46] to repeal section 41 of the will act, with a recommendation that it lie on the table.
Mr. NEFF would like an expression of the Senate on the merits of the bill. The law proposed to be repealed is pernicious in the settlement of estates, as it allows more than one contest. A single contest is all that should be allowed. Estates are sometimes almost frittered away in repeated contests over will. He believed this provision and others to prolong the settlement of estates, make a crying evil of the day.
Mr. BROWN hoped the Seriate would not be seduced by the cries of reform made by the Senator from Randolph [Mr. Neff ]. He argued against the passage of a bill such as is proposed to be laid on the table by the Judiciary Committee. The provision proposed to be repeated has nothing to do with the prolongation of the settlement of estates.
The report of the committee was then concurred in by consent.
MARRIED WOMEN.
Mr. BROWN on behalf of the Judiciary Committee, returned the resolution of inquiry as to the expediency of creating a law granting to married women the same rights in regard to holding property that are enjoyed by single women, with a recommendation that it lie on the table.
The report was concurred in.
Mr. BROWN, from the same committee, returned the bill [S. 91] concerning married women's contracts, to make her really liable.
This report was laid on the table.
BANKS.
Mr. DWIGGINS, from the Committee on Banks, returned the bill [S. 6] on taxation of bank stock, with a substitute recommended by the majority of the committee.
Mr. GREGG, from the minority of said committee, submitted the following report:
MR. PRESIDENT: The Committee on Bank and Banking on the part of the minority of said Committee beg leave to report that we have had under consideration Senate bill No. 4, entitled "A Bill to provide for the assessment and collection of taxes for municipal purpose on the shares of stock owners in banks and banking associations doing business in this State," and concur in this report:
That Senate Bill, No, 4, is an exact copy of House Bill No. 6, introduced into the House of Representatives of the 47th General Assembly of the State of Indiana, and referred by that body to the Committee on the Judiciary and by that Committee reported back with the unanimous recommendation that it pass. Afterwards, to wit, on the 9th day of February, 1871, said bill passed the House of Representatives, with the endorsement of 85 yeas o 8 nays. The bill was received in the Senate on the 10th day of February, 1871, and failed to pass that body by reason of the abrupt termination of the Legislature.
The bill reported herewith is ample in all its provisions to carry out the object and purposes expressed in the title, the object of the bill is to tax the shares of National Banks for municipal purposes, at the City or Town where the bank is located, at the same rate that other personal property is taxed.
The bill reported by the majority of the Committee provides that shares in National Banks shall be taxed where the owners thereof reside respectively, and not at the City or Town where the bank is located, unless the owner of the stock resides in such City or Town, non-residents excepted.
At the time of the enactment of the General Tax laws of this State, State Banks were not subject to taxation for municipal purposes. It was provided however that the stock of merchants and manufacturers should be taxed where located.
Municipal taxation, rests upon the theory that the property that is situate in the City and protected by its government, should bear its proper share of the burthen of supporting such government. If the shares of banks are to be taxed where the owner resides in the country--they would have nothing to pay for municipal purposes, thougthe bank was located in the City. Thus property had not had the protection of City government.
Congress has long since given the powers to tax the total shares of capital Stock of National Banks.
The cities and towns of this State have long suffered for the want of necessary legislation upon this subject. It is, therefore, recommended that the bill herewith reported be passed.
RICHARD GREGG,
HUGH DAUGHERTY.
Mr. DWIGGINS moved to lay the reports on the table for the present.
The motion was agreed to.
page: 267[View Page 267]Mr.GREGG moved that these reports be made the special order for Wednesday next, at two o'clock.
Mr. PRESIDENT decided this motion out of order.
Mr. OLIVER, from the Committee on Public Buildings, returned the bill [S. 87] granting the consent of the State to the sale of certain lots in Evansville to the United States, upon which to erect public buildings with a favorable report thereon.
These reports were concurred in.
CLAIMS.
Mr. NEFF, from the Committee on Claims, reported on the claims for services in the case of John W. Burson at the last session; also claims for rent of committee rooms; also claim for coal; also a claim for the Volksblatt furnished last session; also claim of $500 for Osborn & Calkins, as attorneys, by appointment of the Governor, on the Calumet dam nuisance.
He also returned a report in favor of $199 for John Sarninghausen for expenses incurred in a contest for a seat in the Senate last session.
Also a claim in favor of R. J. Bright & Co., for Sentinels last session for $600 and over, and in favor of the Journal Company paper and roll calls and cards, $655.
Also a claim for a witness in the Burson contest case last session.
These reports were severally discussed, and the claims were referred to the Committee on Finance for incorporation in the Specific Appropriation bill.
RAILROADS.
Mr. ORR, from the Committee on County and Township Business, returned the petitions praying for the repeal of the Township and County Railroad Act, with a bill [S. ] to repeal the act of May 12, 1869, to aid to the construction of railroads by counties and townships granting aid thereto.
The report was concurred in.
Mr. SLEETH, from the Committee on Railroads, returned the bill [S. 59] to authorize the postponment of certain taxes levied for aid in construction of railroads, with a substitute therefor. The substitute was read through by sections.
The report was concurred in by consent.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally passed the second reading, unless otherwise stated:
Mr. DWIGGINS introduced a bill [S. 146] for an act to fix the number of Senators and Representatives in the present Assembly of the State of Indiana.
Mr. BROWN introduced a bill [S. 147] for an act to except certain property from sale on execution--all family pictures, school books and Bible, yoke of oxen or span of horses and farming implements, not exceeding $300 in value, and the professional library of lawyers, ministers and doctors, or the tools of a mechanic or laborer, to the value of $500.
Mr. DITTEMORE introduced a bill [S. 148] for an act to provide for the relocation of county seats r.nd repealing all laws in conflict with the act and declaring an emergency.
Mr. WADGE introduced a bill [S. 149] for an act providing for the reorganization of the State prisons, and repealing all conflicting laws. [It provides for the appointment of a State Board of Prison Directors to hold office for four years.]
Mr. ARMSTRONG introduced a bill [S 150] for an act to legalize taxes heretofore levied for the purpose of tuition by any school trustees of any incorporated city in this State, and providing for the collection thereof.
Mr. OLIVER introduced a bill [S. 151] for an act to amend section 1 of the act for the incorporation of manufacturing and mining companies, approved May 20,1852, so as to provide for the creation of companies to control union stock yards and elevators, transit companies, etc.
And then came a recess till two o'clock.
AFTERNOON SESSION.
The Senate met at two o'clock, and pursued the order pending at the time of taking the recess for dinner.
Mr. ORR introduced a bill [S. 152] for an act to amend section 26 of the act regulating descents and the appointment of estates.
Mr. SCOTT introduced a bill, [S. 153] for an act to amend an act of December 20, 1865, to create the State Normal School.
Mr. HALL introduced a bill [S. 154] for an act to amend section 7 of the divorce act, approved May 13, 1852.
Mr. BOWMAN introduced a bill [S. 155] to provide for the repayment to certain counties therein named, certain monies paid into the State Treasury in the year 1869.
Mr. HUBBARD introduced a bill [S. 156] for an act to authorize cities constructing water works to issue bonds to aid therein.
Mr. RHODES introduced a bill [S. 157] for an act authorizing the purchase of stationery for the use of county officers or courts.
Mr. DWIGGINS moved to reconsider the resolution offered by which the Senate page: 268[View Page 268]agreed to proceed with the business in the regular order, as prescribed by the rules of the Senate.
Mr. WILLIAMS moved to lay the motion on the table.
This latter motion was rejected by yeas 17, nays 25.
The motion to reconsider was agreed to.
On motion by Mr. DWIGGINS the resolution was laid on the table.
On motion by Mr. MILLER the order of business was dispensed with, and bill [H. R. 49] creating the Twenty-second Judicial Circuit--Miami, Wabash and Huntington--was taken up and read the third time, and passed by yeas 35, nays 6.
Messrs. Bird, Dittemore, Dwiggins, Friedley of Scott, and Hough, explaining their votes.
On motion by Mr. GOODING, the order of business was suspended, and the bill [S. 135] defining what counties shall constitue the Thirtieth Judicial Circuit--the county of Vanderburg--was read the second time.
Mr. GOODING moved for the suspension of the constitutional rule that the bill may be passed to the final vote now.
Mr. CARNAHAN opposed the motion and the passage of the bill, being confident that the people there do not ask it.
Mr. GOODING claimed that in the entire Union there is not another city of the size of Evansyille but what has a judge exercising civil jurisdiction; and he was sure the bill was asking nothing but what is just and proper.
The motion to dispense with the constitutional restrictions was rejected. Yeas, 29; nays, 11--two-thirds not voting in the affirmative.
Mr. CARNAHAN moved to refer the bill to a special committee of three, with instructions to add Posey to Vanderburg.
Mr. GOODING moved to amend, by changing the reference to the Committee on the Judiciary.
Mr. CARNAHAN consented that it shall go to the Judiciary Committee.
On motion by Mr. BROWN, it was so referred, with instructions to inquire into the expediency of the passage of the bill.
On motion by Mr. DWIGGINS, the rules were still further suspended, and the bill [H. R. 32] to provide times for holding Common Pleas Courts in the Fifteenth Judicial District--Porter, Lake, Newton, Jasper and Starke--was read the second time.
On his further motion, the constitutional restriction was dispensed with by yeas 35, nays 14, the bill was read the third time, and passed by yeas 37, nays 0, with an amendment of title.
On motion by Mr. BROWN, the rules were still further suspended and the bill [S. 145] in relation to the number of employes in the House, was read by title and referred to the Commitiee on Expenditures.
On motion of Mr. BOWMAN [Mr. Dwiggins in the Chair], under a suspension of the rules, the bill [S. 118] to fix court terms in the Second Judicial Circuit was read the second time. It affects Scott, Jackson, Lawrence, Washington, Harrison, Clark, Orange and Floyd counties.
It was referred to a special committee, consisting of Messrs. Bowman, Friedley of Lawrence and Brown.
On motion by Mr. CAVE, the bill [S. 24] under a suspension of the order of business, was taken up. It proposes to amend section 30 of the Supervisor of Highways act of December 20, 1865.
It was read the second time, with clerical amendments proposed by the Committee on County and Township Business, which were concurred in, and the bill was ordered engrossed.
THE ASSEMBLY.
On motion by Mr. WILLIAMS, the order was suspended, and the bill [H. R. 119] in relation to the organization of the two Houses of the General Assembly, was read the second time.
On motion by Mr. WILLIAMS, the constitutional restriction was dispensed with by yeas 34, nays 1, and the bill was read the third time.
The vote on the passage of the bill discovering no quorum present--
On motion a call of the Senate was ordered, and being taken, thirty-two Senators answered to their names. Several other Senators appearing--
Further proceedings under the call were dispensed with.
The bill was then finally passed by yeas 38, nays 0, with an amendment of title.
Mr. TAYLOR, by leave, submitted a report from the Committee on Expenditures, returning the bill [S. 145] prescribing the number of employes of the two Houses of the General Assembly, with amendments.
The report was concurred in.
The bill was read the second time and ordered engrossed.
page: 269[View Page 269]On motion by Mr. HALL, the bill [S. 170] to establish a sanitarium, was read by title and referred to the Committee on Rights and Privileges.
Mr. BROWN moved for a dispensation of the constitutional restriction that the Senate Bill 145, relating to the employes of the General Assembly, be pressed to the final passage.
The motion was agreed to by yeas 39, nays 0.
Accordingly the bill [S. 145] in relating to the organization of the two Houses of the General Assembly, the officers thereof and the number of employes allowed each, was read the third time and passed by yeas 40, nays 0.
COUNTY SEATS.
On motion by Mr. BEESON, at the suggestion of Mr. Dittemore, the bill [S. 148] to provide for the relocation of county seats, was read by title under a dispensation of the constitutional restriction.
On motion by Mr. BEESON, it was referred to the Committee on the Judiciary.
TIPPECANOE BATTLE GROUND.
On motion by Mr. TAYLOR, the bill [S. 45] to provide for the permanent enclosure around the Tippecanoe battle ground, was read the second time, with committee amendments, which were agreed to, appropriating $25,000, etc.
Mr. BROWN moved that the constitutional restriction be dispensed with, and the bill pressed to third reading. He would vote with very great pleasure for this bill, which proposes to enclose that historic ground.
Mr. HOUGH believed $25,000 too large an appropriation, and believed a substantial enclosure could be built for one-twenty-fifth part of the sum named in the bill--he suggested a hedge fence.
Mr. BROWN desired a fence placed around that place having a permanent, and sightly, and at the same time, ornamental appearance.
Mr. TAYLOR spoke in favor of the appropriation.
Mr. SLEETH was willing to vote the estimated cost--viz: $24,100and he moved to so amend the bill--Mr Brown withdrawing his motion to allow this one.
Mr. ORR favored the motion--though it appropriated a large amount.
Mr. NEFF saw no comparison between the beauty of a hedge or iron fence, and without taking into consideration the cost, the former was his decided choice.
Mr. FRIEDLEY of Lawrence (Mr. Dwiggins in the chair) desired the iron fence.
The amendment was adopted.
On motion the bill was made the special order for to-morrow at half-past ten o'clock.
CONGRESSIONAL APPORTIONMENT.
Mr. GOODING, from the Select Committee thereon returned the bill [S. 54] apportioning the State for Congressional purposes, with amendments.
The report was concurred in.
On motion, by Mr. GOODING, the rules were suspended and the bill read the second time.
The PRESIDENT announced Messrs. Gooding, Sleeth, and Armstrong as a committee authorized bv a resolution of yesterday to inquire into the desired needs of the office of Secretary of State.
And then the Senate adjourned until to morrow morning.
