THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, December 18, 1872.The Senate met pursuant to adjournment.
Prayer was offered by the Rev. E. B. Snyder of the M. E. Church.
Mr. Taylor, as a question of privilege offered a resolution reciting the fact that a clerical error had occurred in the enrollment of the bill [S. 45] concerning the enclosure of the Tippecanoe Battle Ground, and ordering the Secretary to inform the House thereof.
The motion was agreed to.
HUNTING ON ENCLOSED LANDS.
On motion by Mr. NEFF, the bill [H. R. 8] to prevent hunting and shooting on enclosed lands without the consent of the owner or occupant thereof, was read the second time.
He moved to dispense with the constitutional restriction that the bill may be put on its passage.
Mr. HALL moved to refer it to the Committee on Rights and Privileges.
Mr. NEFF appealed to Senators to withhold their dilatory motions and allow the bill to pass, as it is one in which his constituents are very much interested.
Mr. BROWN looked upon the bill with anxiety, and objected to its being hurried through the Senate.
Mr. BOONE had suffered from carelessness by hunters living 100 miles away, and thinking this bill would have a wholsome effect, hoped it would pass.
Mr. STEELE had confidence enough in his neighbors to believe that they will not commit depredations on his lands, and thought this bill looked too much like the regulations of England, made to favor the large landed proprietors there. Such a law would create more difficulty among neighbors than any measures that would be passed. Mr. S. was opposed to the bill. He said he had no objection to his neighbors hunting over his fields and woods for squirrels or crows.
The PRESIDENT (interrupting) thought the Senator should omit "crows," as there had not been much demand for that sort of game of late.
Mr, SCOTT earnestly advocated the bill.
Mr. GREGG moved that the bill be referred to the Committee on Rights and Privileges.
Mr. DAGGY moved to law the motion on the table.--yeas 27, nays 17.
After discussion the motion was agreed to.
On motion of Mr. BROWN, the bill was amended so as to make its provisions more specific.
Mr. GREGG submitted an amendment, as follows:
Any person or persons who shall trespass upon inclosed lands of another, by walking through or over the same, without license, after being notified of the objection of the owner or occupant of said lands, either personally or by notices properly posted, to the number of three or more to any one inclosure the posting of which shall be deemed equivalent to personal notice, shall be deemed guilty of a malicious tresspass, and on conviction thereof shall be punished as in other cases of malicious tresepass.
Sundry other amendments were offered.
page: 316[View Page 316]Mr. GOODING moved that the bill, with the amendments, be referred to the Committee on the Judiciary.
The motion was agreed to.
The Senate then took a recess till two o'clock.
AFTERNOON SESSION.
At two o'clock the principal Secretary rapped on the President's desk, when on motion the Senator from Jasper (Mr. Dwiggins) was called to the chair.
SCHOOL HOUSE.
On motion by Mr. O'BRIEN the bill [H. R. 90] to legalize the acts of the Trustees of Sharpsville in building a school house on a public square was read the first time and finally passed by yeas 43, nays 0, under a dispensation of the Constitutional restriction.
APPOINTMENTS.
On motion by Mr. STEELE, the appointment by the Governor of John W. Ray, of Marion county, as Commissioner of the House of Refuge, to serve till March, 1875, also Amos S. Evans, of Allen county, to serve till March 1, 1877, were ratified and confirmed.
UNION STOCK YARDS.
On motion by Mr. OLIVER, the bill [S. 151] to amend the manufacturing and mining incorporation act so as to authorize the incorporation of union stock yards and transfer companies and elevator companies, was read the third time.
Mr. OLIVER stated that this bill was for the purpose of forming a law under which union stock yards and transfer companies and grain elevator companies maybe organized. His constituency were particularly interested in this measure at this time, as there are organizations being now formed not only for a stock yard, but a grain elevator is in progress of erection, which is expected to cost over $100,000. The bill passed--yeas 42, nays 0.
SURVEY AND PLAT.
On motion by Mr. WILLIAMS, the bill [H. R. 95] authorizing incorporated cities and towns to adopt a survey and plat thereof, was read the second time.
On his further motion, under a dispensation of the constitutional restriction, the bill was read the third time and passed--yeas 42, nays 1.
SIXTH COMMON PLEAS.
On motion by Mr. BEESON the bill. [H. R. 172] to fix the time of the Common Pleas Courts in the Sixth District--Franklin, Union, Fayette and Wayne countieswas read the second time.
On his further motion the rule prescribed by the Constitution was suspended, and the bill was read the third time and passed--yeas 45, nays 0.
SCHOOL TAXATION.
Mr. SCOTT, by leave, presented a report from the Committee on Education, returning the bill [S. 150] for the legalizing school taxation, to legalize taxes heretofore levied for tuition by school trustees of any town or city, etc., with recommendation that it pass.
On his further motion the rule was suspended and the bill passed.
CALUMET DAM.
Mr. WADGE, from the special committee to whom was referred the report of the Attorney General on the Calumet Dam, reported a concurrent resolution authorizing the Attorney General to proceed as best he may to abate the nuisance.
The report was concurred in.
INCREASE OF SALARY.
On motion by Mr. GOODING, the bill [H. R. 113] to allow the Attorney GeneraI a salary of $3,000 and a docket fee of ten per cent. to be taxed against the adverse party, was read the first time.
He made an ineffectual motion--yeas 19, nays 22--to dispense with the constitutional restriction, that the bill may be passed to its passage.
LEGALIZING TAXES.
On motion by Mr. HARNEY, the bill [S. 150] to legalized taxes heretofore levied by school trustees, in any incorporated city in this State, not to exceed the amount allowed by law, was read the second time.
On his further motion the bill was considered engrossed, read the third time and passed--yeas 40, nays 2--under a constitutional dispensation.
On motion by Mr. DAGGY, the [bill H. R. 227] to transfer to township trustees monies that have been collected for specific or general purposes, except such as have been collected for State or county revenue, was read the second time.
On motion by Mr. BROWN, it was referred to the Judiciary Committee, together with the bill H. R. 235 and the bill S. 161, both on the same subject.
JUSTICE JURISDICTION.
On motion by Mr. BUNYAN, the bill [H. R. 7] providing that Justices shall have original exclusive jurisdiction in cases page: 317[View Page 317]of misdemeanors where the fine does not exceed $25, was read the second time.
On motion by Mr. SLEETH, the bill was amended by saying all cases pending in the courts.
On motion of Mr. GLESSNER, the word "can" was substituted for the word "does" not exceed $25 fine.
On motion by Mr. BUNYAN, the bill was read a third time under a dispensation of the constitutional provision.
Mr. DAGGY doubted the propriety of passing the bill.
So did Mr. BOONE. He said Justices were apt to be slow in dealing with cases, especially where defendants were desperadoes. It was often important that cases of the class referred to should be prosecuted more vigorously than those which involve crimes of a higher grade.
Mr. GREGG said the object of the bill was to relieve the higher courts of these petty cases.
Mr. DWIGGINS said the bill would deprive the mayors of cities of the authority to try this class of cases. More than that, it would take these cases away from the grand jury and result in an exemption of offenders from punishment in these small cases.
Mr BUNYAN was willing that this bill shall be recommitted to the Judiciary Committee, so that time shall not be further taken up in its discussion.
It was so ordered.
BRIBERY OF OFFICERS.
On motion by Mr. SCOTT, the bill [H. R. 148] defining certain felonies and prescribing punishment therefor, compelling testimony by parties engaged therein, or against others and themselves, etc. [Any officer pecuniarily interested in any public work shall be fined and imprisoned, as well as any contractor of any public work who may give any bribe, drawback or other interest to any public officer.]
Mr. SCOTT moved for a dispensation that it may be read the second time.
Mr. ORR opposed hasty legislation. He favored this bill, but desired to see all such important measures carefully considered.
The constitutional restriction was dispensed with, yeas 37, nays 7, and the bill was read the second time.
Mr. SCOTT moved that the rule be suspended read the second time.
It was carried, and the bill read.
Mr. SCOTT moved to amend so as to provide that before the removal of a county seat no new court house shall be built until a majority of the qualified voters at a regular election shall have signified their desire therefor.
Mr. BROWN made the point of order that the amendment was not germain to the bill.
Mr. SCOTT withdrew the amendment.
Mr. WILLIAMS moved to amend by including any person holding any appointing power, and such persons as may offer bribes or hope of reward to officials.
It was agreed to.
Mr. RHODES moved to amend by including the word "town," so it will be read "county, township, town or city."
The bill was referred to the Committee on County and Township Business.
CLERKS OF COMMITTEES.
On motion by Mr. DWIGGINS, the House amendments to the bill [S. 145] striking out the provision with reference to the employment of Clerks to Committees, increasing the number of copiyng and engrossing clerks and striking out the sections referring to the officers who shall organize the General Assembly, were read.
Mr. DWIGGINS moved that the Senate refuse to concur with the amendments of the House.
It was agreed to.
The PRESIDENT subsequently appointed Messrs. Dwiggins and Slater the Committee of Conference on the part of the Senate.
COUNTY STATIONERY.
Mr. BUNYAN, from the Committee on County and Township business, returned the bill [S. 157] with reference to the buying of stationery for county and court officers, with amendments.
THE SCHOOL FUND.
Mr. STEELE, from the Committee on Finance, in compliance with a resolution of the Senate, reported a bill authorizing the $170,333 02, due from the State to be repaid to the school fund, which was entitled an act to provide for the payment to the school fund, certain moneys due to the State and to distribute the same; but the committee could not recommend the passage of the bill, for reasons recited; one reason being that the treasury will not be in a condition to repay the same for two years to come.
Mr. WILLIAMS moved to lay the whole matter on the table.
The motion was agreed to.
On motion by Mr. HUBBARD, the bill [S. 15] to authorize cities and towns to issue bonds to erect or finish school buildings, was read the second time.
page: 318[View Page 318]NEW STATE HOUSE.
On motion by Mr. OLIVER the House concurred in the resolution offering a premium of one thousand dollars for an acceptable plan for a new State House, and appointing a committee of three Representatives and two Senators to receive and report on said plan near the close of the next session of the Legislature, was taken up and adopted.
The PRESIDENT subsequently appointed Messrs. Oliver and Scott the committee on the part of the Senate.
HUNTINGBURG.
On motion by Mr. CAVE, the bill [H. R. 185] to legalize the official acts of the Board of Trustees of the town of Huntingburg, Dubois county, Indiana, and all the officers of said town, was read the first time.
MICHIGAN CITY HARBOR.
On motion by Mr. WINTERBOTHAM, the joint resolution [H. R. 7] in relation to an appropriation of money by Congress to complete the harbor at Michigan City was adopted--yeas 39, nays 0.
EXEMPTION.
On motion by Mr. BROWN, the bill [S. 147] to exempt certain property from execution, was read the second time and referred to the Judiciary Committee.
PER DIEM OF MEMBERS.
Mr. HOUGH moved that the vote on the passage of the bill [H. R. 173] increasing the per diem of members of the General Assembly to eight dollars a day be reconsidered.
The PRESIDENT was of the opinion that the bill was beyond the reach of the Senate, having been sent to the Governor.
HUNTINGSBURG.
On motion by Mr. CAVE, the constitutional restriction was dispensed with by yeas 39, nays 1, and the bill [H. R. 185] to legalize the acts of the Trustees and officers of the town of Huntingsburg, Dubois county, was read the second time by title and the third time by sections, and passed the Senate by yeas 39, nays 0.
TWELFTH CIRCUIT COURT.
On motion by Mr. DWIGGINS, the bill [H. R. 134] to fix the terms of courts in the Twelfth Judicial Circuit of the State of Indiana--White, Newton, Jasper, Benton and Tippecanoe countieswas read the third time and passed--yeas 41, nays 0.
ACTS, JOURNALS AND BREVIER REPORTS.
Mr. SLATER offered a resolution as follows:
RESOLVED, That the State Printer be authorized to bind in sheep, aud send to each member of the Senate and the elective officers thereof three copies each of the Acts, the Journals of the House and Senate, Documentary Journals and Brevier Reports.
It was adopted.And then the Senate adjourned until to-morrow at ten o'clock a.m.
