THE
BREVIER LEGISLATIVE REPORTS
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
THURSDAY, November 21, 1872.The House met at 9 o'clock, a. m., the SPEAKER directing the reading of the journal of yesterday.
REPORTS FROM COMMITTEES.
Mr. WALKER, from the Committee on the Judiary, returned Mr. Wilson of Ripley's bill [H. R. 27] for an act concerning interest on judgments, and recommended its passage.
Mr. SHIRLEY returned the bill [H. R 15] to amend section 70 of the Justice's act of June 9, 1852, with an amendment: "Costs shall follow judgments on appeals from Justices." Concurred in, and these bills were passed the second reading and ordered to the engrossment and third reading.
Mr. MILLER returned the bill [H. R. 18] to amend section 13 of the act in relation to county treasurers from the Judiciary Committee with the recommendation that it be indefinitely postponed; which was concurred in.
Mr. WILSON of Ripley returned Mr. Given's bill [H. R. 7] to provide that Justices of the Peace shall have execlusive jurisdiction in certain cases of misdemeanor with amendment to insert the word "original" before 'jurisdiction." The amendment was adopted, and the bill passed the second reading and was ordered to the engrossment.
Mr. CAUTHORN returned Mr. Wilson of Ripley's bill [H. R. 26] to amend section 9 of the Justice's act of June 9, 1852, with amendments; add the following: "Provided all suits shall be brought in the township where defendant resides, or in the township where the debt or contract was made." The amendment was adopted and so the bill passed to the engrossment and third reading.
Mr. BUTTERWORTH, from the Committee on Swamp Lands, returned his bill [H. R. 3] to repeal the corporation drainage act, and the supplemental act of 1871, recommending its passage. It was ordered to the engrossment, etc.
Mr. LENFESTY. from the Committee on Federal, relations, returned the joint resolution instructing our Congressmen to support an act of Congress to equalize the bounties of soldiers and seamen in the war of the rebellion, eight and one-third dollars per month, recommending its passage. Concurred in and the resolution was ordered to the engrossment.
Mr GIFFORD, from the Committee on Cities and Towns, returned Mr. Shirley's State Printer repeal bill [H. R. 9], recommending that it be laid on the table. The repoat was concurred in.
THANKS.
Mr, WALKER submitted a preamble and resolution of thanks to the Judges of the Supreme Court for the use of their consultation room and law library, so kindly and generously tendered by them to the Committee on the Judiciary; which was adopted.
page: 82[View Page 82]HUNTING AND SHOOTING.
Mr. FURNAS, from the Committee on Agriculture, returned his bill [H. R. 8] to prevent hunting and shooting on enclosed grounds without consent of owner, recommending its passage.
Mr. BAKER moved that the bill be referred to the Committee on Rights and Privileges.
Mr. FURNAS hoped this action would not be unnecessarily delayed. The bill has been examined with sufficient care. It provides simply to prevent shooting or hunting on enclosed grounds without consent of the owner. And whilst it is for the benefit of the farmer, even the sporting men themselves are in favor of it, because if it becomes a law, it will give them a legal right to hunt. A chief object is to guard against the reckless carelessness of hunting parties. Accidents are continually happening on this account of which he gave examples of fires occasioned in this way, and the consequent loss of property in his own neighborhood. He wanted to guard against any such danger of the loss of property. I have a little farm of 160 acres, and when I lie down at night I wish to be relieved from the apprehension of loss from the careless use of guns, which destroyed a hundred panels of fence for my neighbor. I do not believe that there is a farmer in my county who is not in favor of this legislation.
Mr. BAKER. My objection is that it would make a too stringent law. I question if such were the law, whether it would be safe for a man to be seen out with a gun. I think that while the farmer receives ample protection, the person hunting should also be protected. I desire the recommitment of the bill, that ample protection may be extended to both.
Mr. WALTER suggested that under such a bill it might be unlawful to discharge a gun at a mad dog. Whilst he was in favor of the object, if the bill does no more than its author intends, still he desired a fuller consideration.
Mr. CAUTHORN. I move to amend the motion to recommit, so that the committee be instructed to amend the bill by requiring that the complaint shall be made by the owner of the land.
Mr. WILLARD. I would like to amend the instructions for amendment so that the owner shall be required to post up notice that no hunting or shooting is permitted on his enclosures.
Mr. GIFFORD alleged the injury of farmers' stock in his county, through careless hunting and shooting by the young sharks, so that nobody can find out who does it. But because there might be a necessity for amendment, he was in favor of the recommitment of the bill.
Mr. WOODARD, believing that the bill has been carefully prepared, feared that if you attach these amendments, you will destroy its efficiency.
Mr. WILSON, of Ripley, concurred in both the proposed amendments. If the bill pass in its present shape, a man would be liable for hunting on the lands of non-residents (voice, " No, sir "), and he would be liable to prosecution, even if the owner of the land have no objection to the hunting, and consent were actually obtained. It would occasion needless harrassments,
Mr. BILLINGSLY. I am interested in this bill as a farmer. I know something about the effects of careless hunting. But I rather desire that the bill should be referred back to the same committee for amendment, so as to prevent shooting dogs on another's premises.
Mr. BUTTS spoke in favor of the bill, and gave examples of the destruction of life and property by reckless shooting parties.
Mr. LEE also gave examples of annoyances of this class.
Mr. RENO. We need a law of this kind for protection. I know it would be very acceptable to the people.
Mr. RICHARDSON. I am opposed to the bill--not that I am forgetful of the interests of the farmers--for in my county they are not thus annoyed. I am opposed to it because it is against the interests of my people. They are infested with foxes, and raising up dogs to destroy them ; and I can't see how these farmers can succeed in exterminating their foxes under such a law as this bill proposes.
Mr. BAXTER. I do not see the force of the gentleman's objection; because, if farmers want the foxes exterminated, they will be willing to give the premium for others to do it. I am a farmer, and I would do so, and invite the hunters to avail themselves of the privilege. A friend of mine lately brought home some very expensive sheep from Europe, and the other day some of these shooters came along, and seven of his sheep were killed.
Mr. COLE. The farmers are very much annoyed in this particular, and the bill would cut off a source of idleness. These hunters are not benefitted by their sport; it is mere idleness.
Mr. TEETER. The laws already give ample and complete remedy against the careless use of fire-armsif that is the only object of the bill. I apprehend that if the bill pass in its present loose form, page: 83[View Page 83]any proper legal construction will show that it can have no effect. I think it should have amendments, for more careful guarding of the interests involved.
Mr. LENFESTY. I am in favor of the passage of the bill; and I take higher ground. In the first place, the privilege we have heretofore granted to the hunter to hunt on the premises of the farmer is only a privilege; and it was tolerable whilst they stood in forests of woods; but now farms are cleared, and there is but little woodland, and the game that is found therein is as much the property of the landowner as the land itself. Its flocks of quails and the schools of fish in his brooks are as much his property as his stock. But now your hunter will go within fifty yards of the owner's residence and take this game. While there may be objections to the biil, I do not believe that the committee would amend it so as to make it better; and I believe the proposed amendments would destroy it. I therefore move to lay the amendments on the table.
Mr. CAUTHORN demanded a division of the question.
The first question being on Mr. Willard's amendment to the amendment, it was laid on the table.
The amendment and the original motion to refer were also tabled, and then the bill was ordered to the engrossment.
Mr. FURNAS, from the Committee on Agriculture, returned Mr. Wood's bill [H. R. 44] to repeal the dog fox law, recommending its indefinite postponement. It was concurred in.
NEW PROPOSITIONS.
The SPEAKER now proceeded to the call by counties and districts, for original propositions.
Mr. HELLER submitted an order (which was adopted) that one copy each of the Journal and the Sentinel be furnished to each member, unfolded.
Mr BARRETT, a bill [H. R. 82] to repeal the fish law of February 22, 1871.
It was referred to the Committee on Rights and Privileges.
Mr. GIFFORD, a bill [H. R. 83] to provide for the health and safety of persons, employed in the coal mines of Indiana. [It requires maps to be filed with the county Auditor and duplicates to be kept in offices of coal mining companies showing boundaries of mines and direction and deflection of veins, together with amended maps to be filed yearly showing progress of work in mines; requires that notice be given of the abandonment of mines; provides that where more than ten miners are employed in one shaft, an extra escape shaft shall be provided, separated from the working shaft at least one hundred feet; requires that ample means of ventilation shall be secured, and that all shafts shall be so constructed as to insure them against danger from fire; requires that signals shall be provided and safe means of hoisting secured; forbids the employment of children under twelve years of age, or the employment of any person as engineer in charge of hoisting apparatus who is not a competent or sober man; and prohibits employes from ascending or descending on cars loaded with coal, or the hoisting of coal while operatives are ascending or descending.] It was referred to a select committee consisting of Messrs. Gifford, Schumuck and Lee.
Mr. GIVEN, a bill [H. R. 84] to provide for the assessment and collection of taxes on the gross amount of premiums received by any foreign insurance company, whether life, fire or river insurance company, and providing penalty.
It was referred to a special committee : Messrs. Gifford, Schmuck and Lee.
Mr. MILLER, a preamble reciting that a resolution of the last session was passed the House of Representatives, January 26, 1871, requesting the Governor to take charge of the suit then pending upon the relation of John C. Robinson against the Indianapolis and Terre Haute Railroad Company, for perhaps a million dollars pertaining to the school fund; and that the journals of the House do not show, etc.; therefore,
RESOLVED, That the Governor be requested to inform this House what steps he has taken in said litigation, and what legislation, if any, is necessary to enable the State to recover said school money.
It was adopted.
Mr. MILLER, a bill [H. R. 85] to amend sections 10 and 11 of the Divorce Act of May 13, 1852.Mr. MELLETT, a bill [H. R. 85] for the protection of certain birds therein named, and their eggs, [sparrow, robin, blue-bird, martin, thrush, mocking-bird, swallow, meadow-lark, cat-bird, oriole, red-bird, wren].
It was referred to the Committee on Agriculture.
Mr. MELLETT, a bill [H. R. 87] to amend the act of March 6, 1865, to provide a general system of common schools.
It was referred to the Committee on Education.
Mr. LENFESTY, a bill [H. R. 88] to provide for the registration of births, marriages and deaths in the State of Indiana.
It was referred to the Committee on Statistics and Emigration.
page: 84[View Page 84]Mr. ISENHOWER, a bill [H. R. 89] to amend sections 46 and 87 of the act of June 17,1852, providing for the settlement of decedents' estates.
Mr. RUMSEY, a bill [H. R. 90] touching public grounds, vacant and disused, and matters therewith connected. [May be occupied for school purposes.]
It was referred to the Committee on Rights and Privileges.
Mr. COBB, a bill [H. R. 91] to amend the act concerning promissory notes, bills of exchange, etc., approved May 12, 1852, and the amendatory act of March 7, 1861. [Notes payable in bank shall be negotiable as inland bills of exchange.]
Mr. BAXTER, a bill [H. R. 92] to amend the act the act to establish a House of Refuge for the correction of juvenile offenders, approved March 8, 1868, and repealing the 11th section of said act.It was referred to the Committee on Reformatory Institutions.
By Mr. BAXTER, a bill [H. R. 93] to amend section 6 of the act to enable persons whose wives are insane, to convey real estate, approved May 2, 1867.
It was referred to the Judiciary Committee.
Mr. WYNN, a bill, [H. R. 94] to divide State of Indiana into Congressional Districts. He made a motion, ineffectually, to lay on the table and print.
Mr. BRANHAM submitted a joint resolution of instructions to Congressmen to oppose the passage of the bill pending in Congress to divide the State ot Indiana into two United States Judicial Districts. Mr. Branham said he was satisfied neither the interest nor the convenience of the people of the State requires the proposed division of the State for a Southern Federal District for the State of Indiana. The southern part of the State has now a Federal Court at New Albany and Evansville, when the convenience of the people require it.
The proposition was adopted.
Mr. CAUTHORN submitted a resolution for an order (which was adopted) that the Senate be respectfully requested to amend the concurrent resolution of yesterday on the matter of the election of United States Senators so far as it intimates that the election shall be in conformity with act of Congress,
Mr. CAUTHORN, a bill [H. R. 95] to authorize cities and towns, incorporated under the authority of the State, to make surveys and plats thereof, and to authorize such cities and towns to authorize any such survey or plat.
It was referred to the Committee on Cities and Towns.
Mr. EDWARDS of Lawrence, a bill [H. R. 96] to repeal the act to authorize aid for the construction of railroads by counties and townships, taking stock therein and making donations thereto, approved May 12, 1869.
It was referred the Committee on Railroads.
Mr. BILLINGSLEY, a bill [H.R. 97] to amend the forty-seventh section of the act providing for the opening, vacating and change of highways, approved June 17, 1852. [Viewers and reviewers $2.50 per day.]
It was referred to the Committee on Roads.
Mr. JOHNSON, a bill [H. R. 98] to make certain specific appropriations, therein named. [To repay money borrowed for the Normal School, the State prison, the House of Refuge, etc.]
Mr. KING submitted a concurrent resolution (which was adopted on the part of the House) to the effect that the wardens and directors of the State prisons be instructed not to extend the time of contracts for letting the convict labor, and not to make new contracts for letting convict labor till after the adjournment of the regular session of the present General Assembly, and that the prison committees of the two houses be a joint committee, and that, as such, they be instructed to consider the propriety of establishing a system of graded prisons; and report by bill or otherwise.
Mr. KING, a bill [H R. 99] to authorize the incorporated cities and towns of 30,000 inhabitants, or over, to make loans and issue bonds [ten Per cent. on the taxable property.]
Mr. KING, a bill [H. R. 100] relative to the laying out, opening and altering of streets, alleys and highways, and straightening or altering water courses, and providing a commission for the assessment of damages, and providing for the collection of the same, and prescribing the duty of the city officers in relation thereto.
It was referred to the Committee on Cities and Towns.
Mr. SATTERWHITE, a bill [H. R. 101] to protect the State from empyricism in the medical profession.
Mr. SHIRLEY, a bill [H. R. 102] requiring Judges having jurisdiction in probate matters, to examine annually as to the solvency of executors, administrators and guardians and the surety or sureties of either, etc.
page: 85[View Page 85]It was referred to the Judiciary Committee.
Mr. TINGLEY, [H. R. 103] to amend sections one, seven and eight of the act for the establishment of a home for disabled soldiers and seamen, approved March 11, 1867, and the supplemental act of May 14, 1867.
It was referred to the Committee on Benevolent Institutions.
Mr. REEVES submitted the following :
RESOLVED, That the Committee on Roads be authorized to employ a Clerk and Janitor, to be retained only so long as in the judgment of said Committee his services may be deemed necessary.
It was rejected.
Mr. CAUTHORN suggested that the joint resolution introduced this day by the gentleman from Jefferson (Mr. Branham) was passed by a vive voce vote, whilst the constitution require that it shall be by yeas and nays.
The SPEAKER. I think the gentleman said it was a concurrent resolution.
SCHOOL DIRECTORS.
Mr. BUTTS submitted a resolution which was adopted, that the Committee on Education inquire into the propriety of an act requiring the election of three common schools Directors instead of one, whose duty it shall be to employ teachers, dismiss them from service, etc.; and report by bill or otherwise.
CHAPLAIN SERVICE.
Mr. HOLLINGSWORTH submitted the following :
WHEREAS, this House passed a resolution that on assembling each day there shall be ten minutes devoted to divine worship; therefore
RESOLVED, That in the absence of a minister at the opening of the morning session, the Speaker shall announce that any person present willing to offer vocal prayer shall be permitted to do so.
Mr. GIFFORD submitted a motion for a recess till two o'clock p.m. ; but,
On motion of Mr. LEE, the House adjourned till to-morrow morning, nine o'clock.
