THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, November 20, 1882.The Senate met at ten o'clock a. m., President Friedley in the chair.
After prayer by Rev. S. S. Hunting, of the Unitarian Church, the Secretary's minutes of yesterday's proceedings were read, corrected and approved.
PRISON REFORM.
Mr. BEESON presented the following memorial, which was referred to the Committee on State Prisons:
Indiana Yearly Meeting of the Religious Society of Friends, held at Richmond, from the 25th of the 9th Month to the 1st of the 10th Month, inclusive, 1872.
To the General Assembly of the State of Indiana :The Society of Friends of Indiana Yearly Meeting respectfully represent that the prison system of the State is unsatisfactory, and its results are evil: 1st. In the promiscuous intermingling of young and old convicts--the novice and the expert in crime--in the same jails and State prisons : 2d. In the reformation of the prisoners not being sufficiently the object in view; And 3d. In the lack of provision for discharged convicts, the consequence being that very many discharged convicts relapse into crime, and a "criminal class " is being fast built up amongst us.
We, therefore, respectfully ask that you will pass such laws as will, as far as practicable, obviate these difficulties. 1st. By the establishment of a central (unpaid) board, which shall have the oversight and care of all the prisons in the State and of discharged convicts; 2d. By the more thorough classification of prisoners, and separation of the young from the more hardened ; and such other measures tending to the improvement of the prison system, as in your judgment, may seem advisable.
We also respectfully represent that the present buildings occupied by the State Prison South are wholly unsuitable for the purpose, and that a due regard to humanity requires that they shall be abandoned as speedily as possible.
Signed by direction and on behalf the meeting aforesaid.
CHAS. F. COFFIN, Clerk to the Men's
Meeting.
EMILY J. HARRIS, Clerk to the
Women's Meeting.
COMMITTEE CHANGES.
Mr. SARNIGHAUSEN asked and obtained excuse from serving on the Committee on Insurance, and Mr. BOWMAN asked and obtained excuse from serving on the Committee on Emigration.
The PRESIDENT appointed the latter gentleman to fill the place of the former, and the former gentleman to fill the place vacated by the latter.
SENATE EMPLOYEES.
Mr RHODES, from the Committee on Employees, reported the appointment of thirteen assistants to the Principal Secretary, eight assistants to the Assistant Secretary, twenty assistants to the doorkeeper, and two to the President, and in favor of the confirmation thereof, as follows:
By the Principal Secretary--Reading Clerk, John Overmeyer; File Clerk, Will S. Masterson; Registry Clerk, John W. Love; Engrossing Clerks, Cole, Adkinson, S. C. Fisher, S. S. Wilson, L. A. Hardesty; Enrolling Clerks, Milton Sill, William Deavonshire, W. H. Ballard and Lindsey Caldwell; Messenger, Johnny Busby; Page, Ben. S. Brown.
By the Assistant Secretary--Minute Clerk, W. H. Smith; Principal Journal Clerk, C. D. Murray; Second. A. F. Davis; Third, W. M. Ross; Fourth, J. T. Wells; Copy Clerks, Emmet Pierson and W. A. Olive; Page, Lincoln Rhoads.
page: 69[View Page 69]By the Doorkeeper--First Assistant, J. F. Furnish; East Door, R. H. Brown; Center Door, Archibald Anderson; West Door, Isaac Aldrich; Postmaster, Herbert Platter; Mail Carrier, N. H. Ward; Folding Clerks, Katie Pease, Effie Miller; Cloak Room, Samuel Little; Firemen, J. F. Fisher and James Cox; Sweeper, Lewis Wettergill; Committee Rooms, J. W. Martin and E. C. Wilkinson; Enrolling and Committee Room, Martens Justice; Spittoon Cleaner, John Abrams; Pages, W. B. Haworth, E. D. Braden, Willie Pruden and Will Furnish.
Secretary to the President--Carey Henderson; Page, Warren Rose.
On motion the appointments were confirmed.
SENATORS' MILEAGE.
Mr. DITTEMORE, from the Committee on Mileage and Accounts, presented their report, which was concurred in.
COMMITTEE BOOMS.
Mr. WILLIAMS, from the Committee ou Committee Rooms, reported in favor of allowing one room to each of the following: Committe on Education, Corporations, Organizations, Fees and Salaries and Claims, and Temperance and Reformatory Institutions.
The report was concurred in.
U. S. SENATOR.
Mr. BROWN offered a concurrent resolution that the General Assembly proceed next Tuesday, at 12 m., to elect a United States Senator. It was adopted.
COMMITTEE CLERKS.
Resolutions were adopted authorizing the employment of a Clerk by each of the following Committee: Finance, Claims, Temperance, Reformatory Institutions and Organization of Courts by Justice.
MARRIED WOMEN.
Mr. HAWORTH offered a resolution directing the Judiciary Committee to inquire into the propriety of amending the laws concerning the rights of married women so as to extend to them the same rights in relation to holding property, making contracts, &c., as are enjoyed by unmarried women. It was adopted.
TIPPECANOE BATTLE GROUND.
Mr. ORR offered a resolution for the appointment of a Committee of three to devise a plan for the permanent enclosure of the Tippecanoe Battle Ground, as recommended by the Governor in his message.
It was adopted.
STATIONERY AND STAMPS.
Mr. NEFF offered the following.
RESOLVED, That the Secretary of State be requested to report to the Senate before the close of the present session, the amount in value of the stationery and postage stamps furnished to each member of the Senate and officer, and that such statement shall, if found correct, be the basis of settlement between the Secretary of State and the State of Indiana.
On motion of Mr. DITTEMORE it was laid on the table.
LEGISLATIVE EXPENSES.
On his further motion, the order of business was suspended, and the bill [H. R. 73] for an act to make an appropriation of $75,000 to defray the expenses of the present session of the General Assembly was taken from the files, read the three times, under a dispensation of the constitutional restriction--yeas, 41; nays, none--and finally passed by yeas, 39; nays, 4.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally passed to the second reading.
By Mr. BEESON, by request, a bill [S. 44] for an act to amend the act establishing a House of Refuge for juvenile offenders, approved March 8, 1857, and repealing section eleven of said act. Infants under the age of sixteen may be committed by Judges of the Circuit and Common Pleas Court for incorrigibility or viciousness, where they have no suitable home or adequate means of obtaining an honest living, or who are in danger of being brought up to lead an idle and an immoral life.
By Mr. TAYLOR. A bill [S. 45] for an act to provide for the permanent inclosure of the Tippecanoe battle ground. Constituting the Governor, Secretary, Auditor and Treasurer of State commissioners to provide a permanent inclosure for the Tippecanoe battle ground.
By Mr. NEFF. A bill [S. 46] for an act repealing section forty-one of the act prescribing who may make a will, the effect thereof, what may be devised, etc. Repealing section forty-one of the act prescribing who may make wills, etc. The section sought to be repealed provides that the determination of a contested will case against the plaintiff shall not debar any other person from bringing a suit to set the will aside at any time within three years.
By Mr. CAVE. A bill [S. 47] for an act to repeal an act for the protection of fish.
page: 70[View Page 70]COMPLIMENT TO GOVERNOR BAKER.
Mr. HALL offered the following resolutions, which are similar to those passed by the House yesterday:
RESOLVED, That we heard with pleasure the able and exhaustive message delivered in the presence of the joint convention of the two Houses of this General Assembly, on Thursday last, by His Excellency, Conrad Baker, and whilst there may not be perfect and entire unanimity upon all the recommendations therein contained, yet, as a whole, it commends itself to the judgment of this House as an able and reliable State paper.
RESOLVED, That the allusions made by His Excellency to Norman Eddy, late Secretary of State for Indiana, does credit to his past reputation as a Christian statesman, and meets with a hearty response and approval from the Senate ; and so beautifully and feelingly was the allusion made, that we are at a loss whether to admire more the sentiments expressed or the emotional manner in which they found expression.
RESOLVED, That having experienced, during his administration, the disadvantages resulting from the parsimonious salary meted out to him, we appreciate more fully the unselfish spirit with which he endeavors to shield his successors in office, immediate and remote, from like impositions.
It was adopted.
The Senate then took a recess until two o'clock p. m.
AFTERNOON SESSION.
The Senate met at two o'clock.
Mr. DWIGGINS called up the special order, being a concurrent resolution providing for a joint committee of the two Houses, to consist of one Senator and two Representatives front each congressional district, to consider the subject of reorganizing the judicial system of the State, the question being on a. substitute therefor providing for but eleven members of the said committee.
Mr. DWIGGINS spoke in favor of the original resolution. He said: It is hardly worth while to argue the propriety of the reorganization of the judiciary system. Perhaps the only question of difference between members is, how shall we best arrive at the result desired? We find a great many conflicting interests. An answer to the objection that the committee is too large, is to be found in the fact that it is easier for thirty-three men to agree than for one hundred and fifty. And if there be a small committee of only eleven appointed, the probabilities are that they will not be sufficiently conversant with the wants of the different parts of the State to make a report acceptable to members generally. Therefore, I suggest it would be better to have a large committee, which would thoroughly digest the subject, and be far more likely to present a measure that will be acceptable to members generally, than to trust the subject to a committee composed of but eleven members. It being very questionable whether, during the sitting of this session, the necessary time can be devoted to the subject, and the people of the State consulted sufficiently, to prepare a bill acceptable to all parts of the State; therefore, I think it proper to require the committee to report to the next session of the General Assembly. For these reasons. I think the resolution I have introduced should pass.
Mr. DITTEMORE. From the fact that there are conflicting opinions between members of this body on this subject I, move to postpone the further consideration of the subject till Friday next, at two o'clock, p. m.
The motion was agree to.
WORK FOR COMMITTEES.
The following described bills were read the second time, by title only, and referred to appropriate committees.
Mr. Hubbard's bill, [S. 15] authorizing cities and towns to negotiate and sell bonds to procure means for the erection of school houses, etc., and authorizing the levy of a special tax for school purposes.
Mr. Taylor's bill [S. 16] authorizing suits to be brought in partnership only in certain cases.
Mr. Orr's bill [S. 17] to amend section 2, of act of 1861, amending sections 8 and 10 of the Justices' act of June 9, 1852.
Mr. Miller's bill [S. 18] to repeal the plank and gravel road assessment acts of May 14, 1869, and of March 11, 1867.Mr. Neff's bill [S. 19] amending the divorce law.
Mr. Armstrong's bill [S. 20] in relation to the sale of real estate, on execution, owned by husband and wife.
Mr. Gregg's bill [S. 21] to repeal section one of the State Agent act, and amending section four of this act.
Mr. Bird's bill [S. 23] authorizing county commissioners to appropriate money to keep in repair any canal running In or through said county.
Mr. Cave's bill [S. 24] to amend section twenty of the highway supervisors act of December 20, 1865.
Mr. Beardsley's bill [S. 22] to regulate the interest on money.
Mr. O'Brien's bill [S. 25] to repeal the fee and salary act, and reviving all laws repealed thereby.
Mr. Neff's bill [S. 26] to amend section eighteen of the act of May 14, 1852, regulating the law of descents and apportionment.
Mr. Glessner's bill [S. 27] to legalize certain acts of corporations, organised under the plank road act.
page: 71[View Page 71]Mr. Orr's bill [S. 28] to amend section one of the act providing for the completion of the unfinished business of any regular session of the Legislature.
Mr. Thompson's bill [S. 29] to provide for the enlargement of the State House grounds.
Mr. O'Brien's bill [S. 30] to amend the act organizing the Supreme Court.
Mr. Glessner's bill [S. 31] supplemental to the plank and gravel road assessment act of May 11, 1867.
Mr. Dwiggins' bill [S. 32] to legalize the sale of seminary lands in Jasper county.
Mr. Beardsley's bill [S. 33] to amend the Indiana Fire and Marine Insurance Company's charter.
Mr. Huff's bill [S. 34] to amend sections 90 and 103 of the general practice act.
Mr. Gregg's bill [S. 35] to amend sections 17 and 29 of the city incorporation law of March 14, 1867.
Mr. Neff's bill [S. 36] to regulate prosecutions in cases of bastardy.
Mr. Cave's bill [S. 37] to amend section 47 of the highway act of June, 1852
Mr. Gooding's bill [S. 38] supplemental to the act of February 25, 1865, to provide a residence for the Governor.
Mr. Boone's bill [S. 39] to amend the drainage law.
Mr. Thompson's bill [S. 40] to amend section 2 of the voluntary association law of February 12, 1855.
Mr. Slater's bill [S. 41] to amend section 5 of the liquor law of March 5, 1859.
Mr. O'Brien's bill [S. 42] to repeal section 15 of the promissory note and bill of exchange act of March 11, 1861, and the real property redemption act of June 4, 1861.
Mr. Reardsley's bill [S. 43] to authorize the construction of levees, dykes and drains by incorporated companies.
RAILROAD TARIFFS.
On motion of Mr. WILLIAMS, his bill [S. 6] to regulate prices charged by railroad companies for transporting passengers and freight in this State, was made the special order for two o'clock p. m. tomorrow.
GOVERNOR'S MESSAGE.
On motion by Mr. BROWN the Senate resolved itself into a Committee of the Whole (Mr. Williams in the chair) for the consideration of the Governor's message.
On motion of Mr. ORR the reading of the message was dispensed with.
Mr. GREGG offered the resolutions adopted by the House yesterday, on the reference of the message to appropriate committees.
After some conversation across the House on points of order--
So much of the message as referred to the completion of unfinished business of one session by another, the Garret suit against the Wabash and Erie Canal, and the Constitutional Convention, was referred to the Committee on Judiciary.
The portion relating to the addition of another Judge to the Supreme Court was referred to the Committee on the Organization of Courts.
The remaining resolutions were adopted, as follows:
RESOLVED, That so much as relates to the act regulating fees and salaries, and to the salaries of the Governor and Judges of the Supreme Court, be referred to the Committee on Fees and Salaries.
RESOLVED, That so much as relates to additional provisions for the insane; to the institution for the education of the blind, and to the Soldiers' Home, be referred to the Committee on Benevolent and Scientific Institutions.
RESOLVED, That so much as relates to House of Refuge and to the Indiana Reformatory Institute for women and girls, be referred to the Committee on Reformatory Institufions.
RESOLVED, That so much as relates to the State prisons be referred to the committee on that subject.
RESOLVED, That so much as relates to the State Normal School be referred to the Committee on Education.
RESOLVED, That so much as relates to the Treaty of Washington be referred to the Committee on Federal Relations.
RESOLVED, That so much as relates to the Constitutional amendment in relation to the canal debt, be referred to the Committee on Judiciary.
RESOLVED, That so much as relates to the late Norman Eddy be referred to a select committee of five.
RESOLVED, That so much as relates to Tippecanoe Battle Ground be referred to a select committee consisting of Messrs. Taylor, Rhodes and Carnahan.
RESOLVED, That so much as relates to the soldiers' monument be referred to a select committee of one from each Congressional district.
On motion of Mr. BROWN, the committee rose and reported its action to the Senate, which concurred therein, and the committee was discharged.
The Senate then adjourned until tomorrow at two o'clock.
