THE
BREVIER LEGISLATIVE REPORTS
VOLUME FOURTEEN
INDIANA
LEGISLATURE
IN SENATE.
SATURDAY, January 25, 1873 - ten A.M.The President pro tem [the Hon. George W. Friedley] took the chair and directed the reading of the Secretary's minutes of yesterday's proceedings.
On motion by Mr. Brown, the reading thereof was dispensed with.
REPORTS FROM COMMITTEES.
Mr. Dwiggins, from the Committee on Corporations, returned Mr. O'Brien's bill [S. 229] to legalize the official acts of the town trustees of the town of Cicero, with amendments thereto, recommending its passage.
He also returned from the same Committee, the bill [H. R. 3] to repeal the Kankakee drainage act, with a recommendation that it be indefinitely postponed for the reason that a similar bill has become a law.
Mr. Miller, from the Committee on Road, returned the bill [H. R. 123] to provide for the time of appointment of Superintendent and physician for the poor, with a recommendation that it lie on the table.
Mr. Howard, from the same Committee, returned a petition from citizens of Shelby county, in favor of the passage of Mr. Glessner's bill [S. 31] authorizing the assessment of plank and gravel roads, with a recommendation that it be referred to the Committee having that bill in charge.
These reports were concurred in.
RAILROAD - RIGHT OF WAY.
Mr. Brown offered a resolution authorizing the appointment of a select committee of five to report a bill providing for securing the right of way to railroads - the provisions of which bill shall protect land owners from the wrongs they are now subject to.
Mr. Dwiggins was willing that this resolution should be considered in a full Senate, but if pressed now he would move a call of the Senate.
Mr. Brown thereupon withdrew the resolution.
NEW PROPOSITIONS.
Mr. Williams introduced a bill [S. 233] for an act to enable cities to aid in the construction of manufacturing companies. [Upon petition of a majority of the resident free holders, any city may subscribe to or take stock in any manufacturing company, or aid the same by donations of money.]
Mr. Glessner, by request, introduced a bill [S. 234] for an act to prevent hogs from running at large. [It shall be unlawful for hogs to run at large outside of the owner's enclosure.]
Mr. Oliver, by request, introduced a bill [S. 235] for an act to charter the Northwestern Synod of the Reform Church of the United States, consisting of citizens of the State of Indiana and other States in America.
Mr. Beardsley introduced a bill [S. 236] for an act concerning cemeteries. [Cemetery Associations are authorized to acquire, invest and maintain a fund for the repair and keeping in order of their lots, but the principal of the fund shall not be reduced.]
Mr. Sarnighausen introduced a bill [S. 237] for an act to amend the third section of the act providing for the organization of County Boards, approved June 17, 1852. prescribing the time and manner of electing Boards of County Commissioners. [County Commissioners shall be elected biennially, to hold office for two years - all now in office to serve out the time for which they are elected - each voter by one ballot to cast two votes, at his own option, whether for two persons or one.]
Mr. Glessner, from the Joint Select Committee appointed under a concurrent resolution to redistrict the State for judicial purposes, introduced a bill [S. 238] for an act to divide the State into circuits for judicial purposes, fixing the time of holding courts therein, abolishing the Courts of Common Pleas, and transferring the business thereof to the Circuit Courts, and providing for the election of judges and prosecuting attorneys in certain cases. It divides the State into thirty-six judicial circuits, as follows:
Section 1. Be it enacted by the General Assembly of the State of Indiana, that the State for judicial purposes shall be divided into thirty-six circuits, and shall be constituted and held as hereafter provided.
Section 2. The counties of Vanderburgh and Posey shall constitute the first circuit.
page: 81[View Page 81]Section 3. The counties of Warrick, Spencer and Posey shall constitute the second circuit.
Section 4. The counties of Crawford, Harrison and Washington shall constitute the third circuit.
Section 5. The counties of Floyd, Clarke and Scott shall constitute the fourth circuit.
Section 6. The counties of Jefferson and Switzerland shall constitute the fifth circuit.
Section 7. The counties of Jennings, Ripley and Ohio shall constitute the sixth circuit.
Section 8. The counties of Dearborn and Franklin shall constitute the seventh circuit.
Secction 9. The counties of Decatur, Fayette and Rush shall constitute the eighth circuit.
Section 10. The counties of Bartholomew, Jackson and Brown shall constitute the ninth circuit.
Section 11. The counties of Orange, Lawrence and Monroe shall constitute the tenth circuit.
Section 12. Tho counties of Gibson, Pike and Dubois shall constitute the eleventh circuit.
Section 13. The counties of Knox, Davies and Martin shall constitute the twelfth circuit.
Section 14. The counties of Sullivan, Clay and Greene shall constitute the thirteenth circuit.
Section 15. The county of Vigo shall constitute the fourteenth circuit.
Section 16. The counties of Owen, Morgan and Putnam shall constitute the fifteenth circuit.
Section 17. The counties of Johnson and Shelby shall constitute the sixteenth circuit.
Section 18. The counties of Wayne and Union shall constitute the seventeenth circuit.
Section 19. The counties of Henry and Randolph shall constitute the eighteenth circuit.
Section 20. The county of Marion shall constitute the nineteenth circuit.
Section 21. The counties of Hendricks and Boone shall constitute the twentieth circuit.
Section 22. The counties of Parke, Vermillion and Fountain shall constitute the twenty-first circuit.
Section 23. The counties of Montgomery and Clinton shall constitute the twenty-second circuit.
Section 24. The counties of Tippecanoe and White shall constitute the twenty-third circuit.
Section 25. The counties of Hamilton, Tipton and Howard shall constitute the twenty-fourth circuit.
Section 26. The counties of Delaware, Madison and Hancock shall constitute the twenty-fifth circuit.
Section 27. The counties of Wells, Adams and Jay shall constitute the twenty-sixth circuit.
Section 28. The counties of Huntington and Wabash shall constitute the twenty-seventh circuit.
Section 29. The counties of Grant, Blackford and Miami shall constitute the twenty-eighth circuit.
Section 30. The counties of Cass and Carroll shall constitute the twenty-ninth circuit.
Section 31. The counties of Benton, Jasper, Newton and Warren shall constitute the thirtieth circuit.
Section 32. The counties of Lake, Porter, Starke and Pulaski shall constitute the thirty-first circuit.
Section 33. The counties of Laporte and St. Joseph shall constitute the thirty-second circuit.
Section 34. The counties of Marshall,Kosciusko and Fulton, shall consiitute the thirty-third circuit.
Section 35. The counties of Elkhart and Lagrange, shall constitute the thirty-fourth circuit.
Section 36. The counties of Steuben. DeKalb and Noble, shall constitute the thirty-fifth circuit.
Section 37. The counties of Allen and Whitley, shall constitute the thirty-sixth circuit.
Section 78. On the second Tuesday of October, 1873, a general election shall be held in the proper counties to elect judges and prosecuting attorneys in place of said judges and prosecuting attorneys, as may be holding their offices by appointment of the Governor, and such election shall be held and conducted under the laws ard regulations governing general elections in this State.
Section 79. Any circuit or common pleas court that may be in session in any county of this State on the taking effect of this act, under the provisions of law heretofore existing, is hereby authorized to continue such session until the expiration of the term, the same as if this act had not been passed; provided that in counties where the terms of said court are not limited they shall not continue beyond four weeks from the taking effect of this act.
Section 82. An emergency exists for the immediate taking effect of this act, the same shall therefore be in force from and after its passage.
Mr. Dwiggins moved that the Secretary of the Senate be requested to have 200 copies of the bill printed.
The President pro tem. thought the motion could not be entertained without a dispensation of the constitutional restriction at this stage, unless by unanimous consent, and it was so ordered.
Mr. Thompson introduced a bill [S. 239] for an act authorizing incorporated cities, containing a population of 30,000 or over, to make loans and prescribing the manner in which it may be done.
[Loans are not exceeding two per centum of the taxable property for the year in which the loan is made.]
Mr. Boone introduced a bill [S. 240] for an act to amend the 156th section of the common school law, approved March 6, 1865. [The members of the State Board of Education except the Governor and Superintendent of Public Instructions shall receive $5 for each day engaged in actual service.]
Mr. Harney introduced a bill [S. 241] for an act declaring all agreements to pay attorney's fees when contained in any written evidence of indebtedness, as an addition thereto upon a contingency, shall be considered illegal, usurious and void.
Mr. Taylor introduced a bill [S. 242] for an act to amend sections 7 and 8 of the act to repeal all general lands now in force for the incorporation of cities, approved March 14,1867. [City officers may include a Street Commissioner and a City Judge.]
Mr. Thompson introduced a bill [S. 243] for an act appointing commissioners to sell certain real estate therein named, and providing that the proceeds shall be paid into the State Treasury. [It appoints as commissioners the State Auditor and Treasurer, and Geo. Merritt, of this city, and empowers them to sell at auction lots No. 18, 19, and 20 in Martin, Coffin & Wright's subdivision of part of outlot No. 149 in the city of Indianapolis, and out lot No. 1, west of White river, and within the donation lands of the city of Indianapolis, known as the old Ferry lot, together with the appurtenances thereto belonging, after thirty days' notice and publication in two daily and two weekly newspapers.]
Mr. Beardsley introduced a bill [S. 244] for an act fixing the compensation of certain officers therein mentioned. [President of the Board of Trustees of the benevolent institutions of the State, $500 per annum; the Trustees of the Asylums for the Deaf and Dumb and Blind, and the Asylum for the Insane, per annum,$300 each; the Directors of the State Prison North and the State Prison South, each, a salary of $500 per annum; the Commissioners of the House of Refuge, each, $200 per annum.]
Mr. Beardsley introduced a bill [S. 245] for an act to provide for the letting of the State printing to the lowest responsible bidder, and providing that the Governor, Secretary and Auditor of6 page: 82[View Page 82] State shall be, ex-officio, Commissioners of Public Printing, and for the appointment of a Supervisor of Public Printing[who shall be a practical printer; shall examine proof sheets, and see that all work is done in a workmanlike manner end without unnecessary waste.] A copy of the bill introduced in the House of Representatives by Mr. Billingsley.
Mr. Thompson introduced a bill [S. 246] for an act for the supervision of the trade in, and circulation of, obscene literature articles for immoral use, advertisements, patent medicines and articles used for procuring abortion. [Punishment - imprisonment not more than one year and fine not to exceed $100, one-half to go to the informer.]
Mr. T. said this was a copy of the New York law on this subject, and it was introduced at the request of the President of the Young Men's Christian Association.
Mr. Glessner introduced a bill [S. 247] for an act to provide against usury. [It shall be unlawful to contract for or exceed the rate of interest allowed by law. Punishment: a fine not exceeding double the amount of the usury taken or contracted for.]
Mr. Thompson introduced a bill [S. 248] for an act to provide for exemption from sale or execution occupied lots in cemeteries.
Mr. Rhodes introduced a bill (S. 249] for an act supplemental to the act of December, 1872, in relation to the appraisement of property. [Officers shall return appraisements on the first Monday in July, instead of the first Monday in June, as now provided by law.]
The above described bills were read the first time and severally passed to the second reading.
WORK FOR COMMITTEES.
The following described bills were read by title only, and referred to the appropriate standing committees:
Mr. Gregg's bill [S. 224], for the relief of Nicholas Morebach, Joseph E. Lange and Francis Joseph Wetzer, was referred to the Committee on Claims.
Mr. Ringo's bill [S. 226], to amend sections 457 and 458 of the civil practice act, was referred to the Judiciary Committee.
Mr. Hough's bill [S. 227], for empaneling a jury other than the regular panel, was referred to the Committee on the Judiciary.
Mr. Orr's bill [S. 228], in relation, to the arrest of felonies and appointment of special constables, was referred to the Committee on the Judiciary.
The bill [S. 230], to amend section 397 of the civil practice act of June 18, 1852, was referred to the Committee on the Judiciary.
Mr. Gooding's bill [S. 231] to amend an amendment act of the Evansville city charter, was referred to the Committee on the Judiciary.
Mr. Neff's bill [S. 232] to regulate the sale of mineral oils and other substances for illuminating purposes, was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
DUTIES OF SECRETARY OF STATE.
Mr. Gooding, from the joint special committee appointed last session to examine into the needs and wants of the office of Secretary of State, submitted a report that important clerical work was required to be done - indexes, etc., - and recommending the passage of a new bill [S. 250] for an act further to prescribe the duties of Secretary of State and to provide for the necessary arrangements, clerks and expenses of his office.
[The Secretary of State shall be custodian of the public records, and ex-officio Secretary of all committees, commissions or boards authorised by law, when he and other public officers are so associated, and shall organize in his office four bureaus, viz.: The Bureau of Public Affairs, the Bureau of Public Printing and Stationery, the Bureau of Corporations, and the Bureau of Statistics. And he shall be allowed to employ such clerical help as may be necessary, provided that not more than $1,200 a year shall be allowed for any clerk - the services of any or all of said clerks to cease whenever the Governor, Auditor and Treasurer of State, or any two of them, shall so direct in writing. The sum of $1,000 is appropriated for such changes in the furniture, etc., of his office as he may direct. He is allowed one deputy, at a salary of $1,500 per annum, and a clerk to assist him in the regular duties of his office, at an annual salary of $1,000.]
On motion of Mr. Fuller, it was ordered that when the Senate adjourns it adjourn till Monday, at two P. M.
REPORTS FROM COMMITTES.
Mr. Hubbard, from the Committee on Corporations, returned the bill [H. R. 76] to amend section 32 of the city incorporation law of March 14, 1867no city order shall infringe on a sinking fund - with a favorable report thereon.
He also returned the bill [S. 176] supplemental to the public library act with a similar report.
He also returned the bill [H. R. 76] to amend the wet land drainage act - the one-man drainage law - with a similar report.He also returned the bill [S. 156] to authorize cities constructing water works to issue bonds, with a similar report.
He also returned the bill [S. 196], to amend section 34 of the town incorporation act of January 11, 1852, with a recommendation that it be on the table.
He also returned the bill [S. 221] to amend the town incorporation act, with a recommendation that it be on the table.
These reports were severally concurred in.
Then came the adjournment till Monday at two o'clock P. M.
