THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Jan. 28, 1873, ten o'clock A.M.The President, the Hon. George W. Friedley, took the chair.
Prayer by the Rev. Mr. J. B. Braudt, of the Olivet Presbyterian Church.
The Secretary's minutes of yesterday's proceedings were read and approved.
PETITIONS AND MEMORIALS.
Mr. Orr presented a memorial from some fifty-six persons of Delaware county, asking pay as witnesses in the Burson contested election case In 1871. It was referred to the Committee on Claims without reading.
Mr. Haworth presented the following memorial of Western Yearly Meeting of Friends, held at Plainfield, Indiana, for Western and Southern Indiana and Eastern Illinois, by adjournment from the 13th to the 19th of Ninth month, 1872, on the emendation of the law regulating the sale and use of intoxicating liquors:
To the General Assembly of the State of Indiana:
In view of the fearful evils resulting from the sale and and use of intoxicating liquors as a beverage, we respectfully ask your honorable body to enact a law forbidding, under appropriate penalties, such sale and use.
But, if in your judgment, such sale and use can not be suppressed, your memorialists would respectfully ask for the enactment of a law that shall require every application for privilege to sell, for any purpose, spirituous, vinous, or medicated liquors, to obtain the signatures of a majority thereunto of the legal voters in the township, town, city, or ward, where said liquors are proposed to be sold; each applicant to furnish satisfactory proof of good moral character, and compelled to give bond and approved security in fiufficiem amount to cover and hold responsible for all damages which may result from said sale. Also, that drunkenness be made a crime punishable with imprisonment.
By direction of the meeting.
AMOS DOAN, Clerk.
It was referred to the Committee on Temperance.
Mr. Haworth presented a petition with eighty-five signatures in favor of the hunting on enclosed lands law.
Mr. Beeson presented a petition from 365 citizens of Richmond remonstrating against the passage of a common school bill [H. R. 155].
These papers were referred to the appropriate committees.
Mr. Taylor presented a memorial from the Mayor and Common Council of the city of Lafayette in favor of the amendment of a bill [H. R.-] for the safe keeping of public funds, so as it shall include towns and city treasurers.
It was referred to the Finance Committee.
REPORTS FROM COMMITTEES.
Mr. Taylor, Chairman of the Committee on Finance, returned the legal holiday bill [H. R. 66] with an amendment striking out the word "previous'' and inserting in lieu the word "following"paper maturing to be paid on the days following.
He also returned the bill [H. R. 162] authorizing cities to correct erroneous listing, with a favorable report thereon.
Mr. Steele, chairman of the Judiciary Committee, returned Mr. Smith's bill [S. 189] to amend section 648 of the practice act, with a favorable report thereon.
He also returned Mr. Daggy's bill [S. 203] authorizing the appointment of trustees to manage trust funds held in other States, with a favorable report.
He also returned Mr. Daggy's bill [S. 184] concerning the granting of pardons by the Governor, with a recommendation that it lie on the table.
He also returned his own bill [S. 192] to amend section 5 of the property exemption act, with a favorable report thereon.
Mr. Hall, from the Committee on Corporations, returned the bill [H. R. 71] to amend section 60, of the city corporation act, with amendments by inserting after the word "city" the words, "or subscribe stock to any bridge company," etc., and after the word "road" the words "or bridge," in several instances.
Mr. Hubbard, Chairman of the same Committee returned Mr. Thompson's bill [S 121] to amend the county and township railroad aid act of May 12, 1859, with a recommendation that it lay on the table.
page: 87[View Page 87]Mr. Orr, from the Committee on Roads returned Mr. Daugherty's bill [S. 212] concerning supervisors of highways, with a recommendation that it be indefinitely postponed, as superceded matter, a bill having already passed embracing the same subject.
He also returned from the Committee on Agriculture, Beeson's animals running at large bill [S. 195] defining it a misdemeanor, with a favorable report thereon.
These reports were generally concurred in.
THE PUBLIC PRINTING.
Mr. O'Brien, from the Committee on Public Printing, returned the memorial of the Sentinel Company with a recommendation that the Senate adopt the following joint resolution [S. 7].
A joint resolution concerning the public printing.
Be it resolved by the General Assembly of the State of Indiana, That the late State Printer be and he is hereby authorized, under inspection of the secretary of State, to finish the following work now in process of binding: (1) The reports of the State Board of Agriculture and (2) the report of the Superintendent of Public Instruction. Provided, That he shall not charge for said binding any greater price than current rates for similar work in other binderies of the city of Indianapolis.
Resolved, further, That the late State Printer be and he is hereby authorized to furnish the composition and press work of the following work now in an advanced stage of progress: First, the laws and journals of the last special session of the General Assembly. Second, the reports of the State Prisons North and South. Third, the reports of the State Normal School: provided, That he is not authorized to fold, stitck or bind any portion of said work, except by special contract.
Resolved, further, That the Auditor shall not draw warrants for any bill of said Printer, unless approved also by the Governor, Secretary and Treasurer.
Resolved, further, That the Secretary of State, in connection with the Members of the Printing Committee of the Senate and House of Representatives, be authorized to contract on the best terms he can obtain from responsible persons for the folding and stitching of three hundred copies of the Acts of the late special session, for the use of this General Assembly.
The report of the committee was concurred in. The Joint Resolution was adopted by yeas, 34; nays, 1.
REPORTS FROM COMMITTEES.
Mr. Hall, from the Committee on Rights and Privileges of the Inhabitants of the State returned the bill [H. R. 50] to amend the dog law of March 11, 1861, with amendments by adding a proviso that after the payment of all claims any balance shall become a part of the special school fund of the township.
Mr. Sarnighausen, from the same Committee, returned the bill [H. R. 219] to regulate the sale of drugs and medicines,with amendments inserting after the word "package" the words "box or bottle," and striking out the words "light colored" and inserting the word "white" in lieu, and striking out the word "cross-bones" and inserting the word "diagram" in lieu.
He also returned from the House Committee the bill [H. R. 114] to amend the mill dam race-way act of March 1, 1853, with a recommendation that it lie on the table.
Mr. Hough, from the same committee, returned Mr. Daggy's bill [S. 222] to prohibit minors from using public billiard tables, with a recommendation that it be amended by appropriately inserting the words: "persons owning or having the care, management or control," and inserting after the word "billiards" those words, "bagatelle or any other game," and also appropriately inserting the words, "for each game allowed or permitted to be played,"and by amending the title so it shall read "an act making it unlawful for persons owning or having the care, management or control of billiard tables, bagatelle tables or pigeon-hole tables, to allow, suffer, or permit minors to play at or upon the same; or to suffer or permit minors to congregate at or about such tables, providing penalties for the violation of this act and declaring an emergency.
He also returned Mr. Sleeth's bill [S. 216] to prevent minors from playing billiards in tippling houses, with a recommendation that it be laid on the table, for the reason that the objects of the bill are provided for in the bill, [S. 222] the passage of which is recommended by the Committee.
Mr. Howard, chairman of the Committee on Rights and Privileges, returned Mr. Hall's bill [S. 130] to establish a sanitarium, with amendments appropriately inserting the words "the persons hereinafter specified,'' and also the words "by the Board of Control."
He also returned from the same Committee Mr. Beardsley's bill [S. 219] to provide for the construction and maintenance of fish ladders, with amendments.
He also returned from the same committee, Mr. Hubbard's bill [S. 128] relative to rights of married women, with a favorable recommendation.
Mr. Hough, from the same committee, returned Mr. Orr's bill [S. 117] regulating the granting of divorces, with amendments, by way of substituting a new bill similar to the bill [H. R. 333] providing: Section 1. That all marriages prohibited by law on account of consanguinity, affinity or difference of color, or where either party thereto has a former wife or husband living, if solemnized within this State, shall be absolutely void, without any legal proceedings.
Sec. 2. The issue of a marriage, void on account of consanguinity, affinity, or difference of color, shall be deemed to be illegitimate, and the father shall be liable to prosecution, as in other cases of bastardy.
Sec. 3. When either of the parties to a marriage, void because a former marriage exists undissolved, shall have contracted such void marriage, in the reasonable belief that such disability did not exist, the issue of such marriage, begotten before the discovery of such disability by such innocent party, shall be deemed legitimate.
Sec. 6. Parties against whom a judgment of divorce has been heretofore, or shall be hereafter rendered without other notice than publication in a newspaper, may have the same opened at any time, so far as relates to the care, support and custody of the children. Parties against whom a judgment of divorce shall hereafter be rendered, without other notice than publication in a newspaper, may at any time within two years after the rendition of such judgment, have the same opened and be allowed to defend, as well on the granting of the divorce, as in relation to the allowance of alimony and the disposition of the property, and until the expiration of said two years, it shall not be lawful for the party obtaining such divorce to marry again, which shall be stated in the decree of the Court.
Sec. 8. Divorces shall be decreed upon all application by the injured party for the following causes and no other: First. Adultery, except as hereafter provided. Second. Impotency existing at the time of the marriage. Third. Abandonment for two years. Fourth. Cruel and inhuman treatment of either party by the other. Fifth. Habitual drunkenness of either party for a period of three years. Sixth. The failure of the husband to make reasonable provisions for his family for a period of two years. Seventh. The conviction subsequent to the marriags in any country of either party of an infamous crime.
page: 88[View Page 88]Sec. 27. Whenever a petition for divorce remains undefended, it shall be the duty of the proper Circuit or District prosecuting Attorney to appear and resist such petition.
Sec. 28. Repeals the act of May 13, 1852, on the subject of divorces and the act of March 4, 1859, amendatory thereof.
Mr. Hough also returned from the same committee Mr. Hall's bill |S. 154] to amend section 7 of the divorce laws, recommending that it be laid on the table as being superseded by the above described bill.
These reports were concurred in.
Mr. Harney, from the Finance Committee, to which was referred that portion of the Governor's message in reference to the cancelling of certain bonds, recommended the passage of a joint resolution providing for the manner of making and cancelling certain bonds of the State with the coupons attached thereto, etc.
The report was concurred in.
The joint resolution was passed the Senate by yeas, 37; nays, 0.
Messrs. Gooding, Scott and Steele expressed the opinion that it should be amended in order that the object may be more surely attained.
On motion by Mr. Dittemore, the vote passing the joint resolution was reconsidered, and, on motion by Mr. Taylor, the resolution was recommitted to the Committee on Finance.
NEWSPAPERS.
Mr. Thompson offered a resolution that the Doorkeeper contract for and place upon the desks of Senators two copies of the daily Telegraph and two copies of the Volksblatt, suitably wrapped and stamped for mailing, provided they publish correct reports of legislative proceedings.
Mr. Orr moved to lay the resolution on the table, but withheld the motion while Mr. Thompson made a few remarks in support of his resolution.
Mr. Dittemore moved to amend the resolution by inserting six copies of the colored paper, the National Beacon.
Mr. Thompson accepted the amendment.
Mr. Orr renewed his motion to lay the resolution and amendment on the table.
This motion was agreed to by yeas 21, nays 15.
Mr. Hough moved that this resolution be taken from the table and amended by striking out all after the word "resolved," and inserting the following: "That the Doorkeeper be, and he is hereby directed, to rescind all contracts heretofore made for newspapers to be furnished to the members of the Senate, and cause the delivery of such papers to cease from and after to-day."
Pending which -
The Senate took a recess for dinner.
AFTERNOON SESSION.
The President took the Chair and stated the question to be on the motion to take from the table the resolution of the Senator from Marion (Mr. Thompson) to subscribe for two copies of the Daily Telegraph, two copies of the Volkblatt, and six copies of the Beacon.
Mr. Hall demanded a call of the Senate, and it was ordered and continued until twenty-three Senators were announced as present and answering to their names.
On motion, further proceedings under the call was dispensed with.
Mr. Dwiggins demanded another call of the Senate, and it being had, discovered but twenty-seven Senators present.
The President stated there were four only absent without leave.
And then, for want of a quorum, the Senate adjourned till to-morrow at ten o'clock.
