THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE
IN SENATE.
WEDNESDAY, Jan. 29, 1873 1872 ten o'clock A.M.The President took the chair pursuant to adjournment, and announced that the Rev. Dr. Bayliss, of the M. E. Church, would open the session with prayer.
The Secretary's minutes of yesterday's proceedings were being read, when, on motion by Mr. Gregg, the further reading was dispensed with.
PETITIONS AND MEMORIALS.
Mr. O'Brien presented a memorial from taxpayers of Cicero against legalizing the acts of the trustees of said corporation, or the acts of School trustees, as proposed by the bill S. 229, because said bodies knew at the time they were acting contrary to law. It was laid on the table on motion of Mr. Hall, the committee having already acted upon the bill.
Mr. Carnahan said but one party was before the committee, and was satisfied the committee had done injustice to one side of this question. He moved that the report of the committee be reconsidered, but at the suggestion of Senators he withdrew it for the present.
Mr. Haworth presented a memorial.
Mr. Hubbard presented a petition on the subject of temperance, which was referred to the Committee on Temperance without reading.
Mr. Orr presented claims on account of witnesses in the Burson contested election casein 1871, which were referred to the Committee on Claims.
REPORTS FROM COMMITTEES.
Mr. Boone, from the Committee on the Judiciary, returned the bill [H. R. 170] to amend sections 157 and 666 of the civil practice, and with a recommendation that it be passed,with amendments striking out several lines in section 1, and several words in section 2.
He also returned the bill [H. R. 44] to amend sections 25 and 28 of the act, of May 14, 1852, concerning descants, with a recommendation that i lie on the table.
He also returned the bill [H. R. 265] defining professional prostitution, with amendments by inserting in section 1 the words "deemed guilty of a misdemeanor," and striking out the words "a house generally known in the neghborhood," and other words.
He also returned Mr. Hubbard's bill [S. 185] to authorize judges in adjoining circuits to grant injunctions in certain cases, with amendments striking out the preamble and inserting the word "disqualified" instead of "incompetent," and adding a proviso that no clerk shall entertain such motion without specific cause being stated on oath, etc.
He also returned Mr. Fuller's bill [S. 214] declaring intoxicated persons inelegible to office, with a recommendation that it lie on the table.
Mr. Armstrong, from the Committee on Education, returned Mr. Carnahan's bill [S. 202] to amend sections 7 and 9 of the common school law of March 6, 1865, recommending that it be passed without amendment.
Mr. Fuller, from the same committee, returned Mr. Cave's bill [S. 179] to amend section 7 of the school law, with recommendation that it lie on the table for the reason that the object sought to be obtained is embodied in the bill S. 292, just reported upon favorably.
Mr. Orr, from the Committee on Roads, returned Mr. Beeson's bill IS. 209] authorizing road companies to levy a tax, with a recommendation that it lie on the table.
Mr. Hubbard, Chairman of the Committee on Corporations, returned the bill [H. R. 128] empowering town boards to compel the planting of shade trees, with amendments giving the town authorities a lien on the lot for such improvements, etc.
Mr. Orr, Chairmen of the Committee on County and Township Business, returned Mr. Friedley's of Scott, bill [S. 211], providing for payment to township trustees of moneys collected for special purposes, with a recommendation that the bill lie on the table.
Mr. Howard, Chairman of the Committee on Rights and Privileges of the Inhabitants of the State, reported information received from county clerks, relating to the business of courts in the several Judicial Districts of the State, recommending that it be referred to the Committee on the Organization of Courts of Justice.
Mr. Beeson, Chairman of the Committee on Reformatory Institutions, returned the. bill [H. R. 210], to amend section 20 of the act to estab- page: 92[View Page 92] lish a female reformatory, with a favorable report thereon.
He also returned Mr. Taylor's bil, [S. 131], supplemental to the female reformatory prison act, with a recommendation that it lie on the table, from the fact that a similar bill from the House of Representatives is on the third reading in the Senate.
The President laid before the Senate a communication from the Secretary of State, stating that the bill [S. 159] providing for an election on the 18th proximo, submitting an amendment of the constitution to the people, contains an emergency clause, but no authority for publication.
On motion of Mr. Dwiggins it was referred to the Committee on Printing.
Mr. Dwiggins, Chairman of the Committee on Banks, returned the bill [H. R. 198] to amend sundry sections of the savings bank act of 1869, with amendments striking out a large number of lines and also substituting words in several places.
He also returned Mr. Scott's bill [S. 109] to amend section 31 of the savings bank act, and by request of the author recommended that it lie on the table as its subject matter is embraced in the bill [H. R. 198] just favorably reported on.
Mr. Collett, Chairman of the Committee on Agriculture, returned Mr. Neff's fair ground protection bill [S. 174] defining certain misdemeanors with amendments, striking out one or two lines.
He also returned Mr. Rhodes' bill [H. R. 218] for the destruction of foxes, with amendments, striking out "2" and inserting "1" in lieu.
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [H. R. 218] to amend section 208 of the practice act, with a favorable report thereon.
He also returned the bill [H. R. 112] to render wives competent to testify in actions brought for injuries done to themselves, with a favorable report.
He also returned the bill [H. R. 26] to amend section 9 of the justice's act, with a recommendation that it lie on the table.
He also returned the bill [H. R. 171] prescribing the manner of selecting petit jurors, with a similar report.
These reports were severally concurred in.
Mr. O'Brien offered a resolution, which was adopted, inquiring how many janitors are employed about the State House and public offices, and how many can be dispensed with.
NEW PROPOSITIONS.
Mr. Gregg introduced a bill [S. 256] for an act to prohibit certain officers from using free passes over railroads. [Any person holding an office of trust and profit, or any member of the Legislature who shall use a free pass, shall be guilty of a misdemeanor - fine not to exceed $100, and to forfeit his office].
Mr. O'Brien introduced a bill [S. 257] concerning public printing, the affairs of public buildings and the renting of property for the State, [There shall be elected a superintendent of public printing to serve two years, at a salary of $2,500, who shall employ the necessary number of printers. The Governor, Secretary, Auditor and Treasurer of State, and the Superintendent of Public Printing, shall constitute a Board of Public Printing, who shall purchase printing and binding material not to exceed in amount $20,000, and put the same in a leased building at a rental not to exceed $2,000 per annum. The Board to purchase stationery and fuel necessary for the State, order repairs on public buildings, etc., and do all the State printing and binding.]
Mr. Fallter introduced a bill [S. 258] for an act to prevent betting on elections and providing punishment for the same. [Shall on conviction forfeit any sum not less than the amount so wagered and be imprisoned three months. Any candidate betting shall be imprisoned not less than six months and disfranchised not less than live years, and forfeit the sum wagered.]
Mr. Orr introduced a bill [S. 259] for an act requiring parents, guardians and other persons having the care and custody of children to send the same to school. [Children between the ages of six and eighteen shall be sent at least sixty days in each year to the common or other school.]
Mr. O'Brien introduced a bill [S. 260] for an act fixing an annual salary for the Adjutant-General and Quartermaster-General. [$2,500.]
Mr. Glessner introduced a bill [S. 261] for an act to amend an amended act of the civil practice act.
The above described bills were read the first time and severally passed to the second reading.
Mr. Daugherty introduced a bill [S. 162] for an act to change the times of holding the Circuit Courts of Huntington county.
Mr. D. moved for a dispensation of the Constitutional restrictions, that this bill may be read by title for the second time, by sections for the third reading, and passed to-day.
Mr. Thompson said it ought to be a very important measure to induce members to suspend the regular order. There are enough House bills in the Senate now to occupy the entire time for three weeks.
Mr. Daugherty's motion was agreed to by yeas 35, nays 0, and the bill was pressed to its final reading and passed the Senate by yeas 36, nays 0.
Mr. Bird introduced a bill [S. 263] for an act authorizing married women to sell and convey real estate, etc. [With consent of her husband - shall be her own seperate estate, etc.]
Mr. Gooding introduced a bill [S. 264] for an act to amend the 4th, 5th, 26th, 25th, 43d, 35th and 58th sections of the Evansville charter.
The above described bills were read the first time and severally passed to the second reading.
The House concurrent resolution with reference to the title in certain real estate, situated on the State House square, authorizing the Attorney-General to examine and report in reference thereto was concurred in.
The House concurrent resolution authorizing the appointment of a joint select committee of five on the part of the House and three on the part of the Senate, to report on the 20th day of February amendments that they may think necessary to be made to the Constitution of Indiana, coming up.
After debate by Messrs. O'Brien, Glessner, Sleeth and Neff, which will appear in the Brevier legislative Reports -
Mr. Smith demanded the previous question, the Senate seconded the demand, and under the operations thereof
The resolution was adopted without a division.
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [H. R. 200] to authorize county commissioners to equalize local bounty to soldiers, with a recommendation that it paw without amendment. Concurred in.
Recess.
AFTERNOON SESSION.
The President took the chair at two o'clock.
The House amendments to Mr. Dougherty's bank bill [S. 2] authorizing the incorporation of banks of discount and deposit, were read and concurred in.
The bill [H. R. 100] in relation to laying out of streets, alleys and highways, and the altering of water courses by cities in the State, was read the first time.
Mr. Steele, by consent, introduced a bill [S. 265] for an act regulating the compensation of county clerks and sheriffs, and repealing all laws inconsistent therewith, and declaring an emergency, which was read the first time.
On motion of Mr. Rhodes the rule of the Senate was dispensed with and the bill read by title page: 93[View Page 93] only and referred to the Committe on Fees and Salaries.
JUDGES' SALARIES.
The President pro tem announced the special order for this hour, being Mr. Thompson's [S. 9] to increase the salaries of judges of the State.
Mr. Dwiggins moved to postpone the consideration thereof till Wednesday next at two o'clock P. M.
Mr. Steele preferred to see the part referring to the salaries of supreme judges uncoupled from the rest of the bill. He thought it due to the Senate and the subject of the bill that it be acted upon at once.
Mr. Dwiggins recognized the probability that if the bill were passed to a vote now that it would be defeated, while if the vote on its passage be delayed until after action is taken on the proposition to redistrict the State it will probably pass. At the request of Senators he withdrew his motion to postpone, that a trial vote may be had.
Mr. Glessner moved to recommend the bill with instructions to strike out all that relates to Common Pleas judges.
After remarks by Messrs. Glessner, Harney and Steele -
Mr. Smith moved to amend the instructions by also striking out all that refers to the Circuit judges. He was in favor of the bill as it is, but made the motion to accommodate others.
After remarks by Messrs. Neff, Thompson and O'Brien -
Mr. Dittemore moved, ineffectually, to lay the motion to commit on the table - yeas 17, nays 21.
On motion by Mr. O'Brien, the bill and instructions were laid on the table.
Ths joint resolution [H. R.12], for giving notice to electors of the vote on the 18th of February on the proposed amendment to the constitution prohibiting the payment of the indebtedness charged on the Wabash and Erie Canal, was read, and passed the Senate by yeas, 37; nays, none.
THE CALANDAR - HOUSE BILLS.
The bill [H. R. 146] to prevent the obstructing of ditches, drains and running streams was read the first time.
The bill [H. R. 208] to legalize the acts of the Board of Trustees of the town of Mooresville was read the first time.
The bill [H. R. 245] to provide for the paroling of prisoners confined in county jails for non-payment of fines assessed was read the first time.
The bill [H. R. 314] to prevent negligent or careless riding or driving on public highways was read the first time.
The bill [H. R. 330] supplemental to the per diem of the members of the General Assembly was read the first time.
The bill [H. R. 332] to authorize the enlargement of the House of Refuge for juvenile offenders, appropriating $55,000, was read the first time.
SENATE BILLS.
Mr. Rhodes' bill [S.74], to legalize acts of boards of county commissioners in certain cases, was read the second time, with his amendment, providing that the bill shall not apply to the action of boards prior to March, 1871.
The amendment was agreed to.
The bill was ordered to be engrossed for the third reading to-morrow.
Mr. Collett's bill [S. 81], to authorize the election of a County Engineer and 3 Road Commissioners, was read the second time, and on motion by the author, it was recommitted to the Committee on Roads.
On motion by Mr. Orr, his bill [S. 104] was taken up, and he submitted a substitute therefor, striking out all from and after the enacting clause and inserting new matter.
Mr. Glessner moved that the original bill and the substitute be referred to the Committee on Corporations.
On motion by Mr. Orr, it was referred to the Judiciary Committee.
Mr. Dwiggins' bill [S. 56], to amend sections twenty-two and fifty-seven of the town incorporation act of June 11, 1852, which twenty-second section was annulled March 2, 1855, authorizing towns to license whisky and billiard saloons, was read the second time and ordered engrossed for the third reading.
Mr. Beardsley's bill [S. 737] to amend sections 15 and 16 of the town incorporation act of June 11, 1852, and providing for the election of Marshal by the Town Trustees, was read the second time and ordered to be engrossed.
Mr. Haugh's bill [S. 77] to amend section 476 of the civil practice act of June 18, 1852, was read the second time and ordered to be engrossed for the third reading.
WATER WORKS - PURE WATER.
Mr. Scott's bill [S. 95] to protect rivers, streams or bodies of water from which water is taken for the use of any city, town or benevolent institution, was read the second time.
Mr. Harney, if he understood the provisions of this bill, thought they were very summary in its operations.
Mr. Howard thought the emergency clause should be stricken out.
Mr. Scott understood such amendments to the bill were made in committee as suited all parties, and caused opposition to be withdrawn.
Mr. O'Brien stated that since the report was made it was agreed by the committee that the emergency clause should be stricken out. He made that motion.
It was so ordered.
Mr. Glessner moved to amend the bill by adding a clause providing that said water works are located above the limits of the city.
Mr. Scott contended that no body or corporation had a right to poison or render impure the waters of any stream. The waters of White river and every other river should be kept pure.
Mr. Dwiggins moved an additional amendment by way of a proviso that the act shall not affect the rights of the owners of pork houses, manufacturing establishments, and other like improvements heretofore erected.
Mr. Glessner accepted the amendment.
Mr. Steele was not prepared to vote for this bill as it is.
Mr. Friedley, of Lawrence, as he understood the bill, favored its passage without these amendments. He did not recognize as a fact the idea that moneyed men - capitalists - have paramount interests in the streams and water courses of the States, and may do that which will injure the health of thousands of the citizens of Indiana. The people everywhere have an interest in keeping pure the streams of water of this commonwealth.
Mr. Brown regarded as a complete answer to all objections to this bill the simple statement that human beings have a natural right to the air they breathe and the water they drink, and no man has a right to impair the purity of either: consequently the turning in a stream of offal and poisonous matter violates that common right of the land. Streams should be protected from impurity for the use of the beasts as well as for the use of man. Man can not destroy these God given rights.
Mr. Sleeth thought it the duty of legislation to protect capital, but it was a higher duty to protect the health and lives of the people. He contended that the adoption of these amendments would reverse the laws inforce for the past forty years, making most all the streams in the State public highways. Capital should not stand in the way of the health of the people.
Adjourned.
