THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 30, 1873.Mr. Friedley in the chair. The reading of the journal dispensed with.
PETITIONS AND MEMORIALS.
Mr. Orr presented claims from citizens of Delaware county on account of the John W. Burson contested election case of 1871.
The President pro tem. laid before the Senate a message from the Governor, transmitting a communication from a Federal officer - United States Commissioner of Fish and Fisheries - and from the Governor of Michigan in relation to the reproduction and propagation of white fish and other species of food fish in the Upper Lakes. They were referred to the Committee on Public Expenditures.
Mr. Winterbotham presented a paper with three hundred signatures from Laporte county, against the passage of any hunting law.
Mr. Smith presented a petition from citizens of Logansport, praying for towns to be placed on the same footing with cities in regard to licensing liquor dealers, which was referred to the Committee on Temperance.
SENATE BILLS ON THE SECOND READING.
The first bill in order was Mr. Scott's bill, [S. 95] the consideration of which was pending at the time of adjournment last night. It is a bill to protect rivers, streams, or bodies of water from which water is taken for the use of cities, towns, or benevolent institutions. The question being on Mr. Glessner's amendment.
Mr. Harney opposed and Mr. Scott favored its passage, the latter saying that in the course of some fifteen minutes stay on the banks of White river recently, he saw five wagon loads of refuse, from pork houses he supposed, emptied into the river, right where the water works, that supply this city with water, are situated. This bill would effectually stop such poisoning of streams of water in this State.
It was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
Mr. Thompson's bill [S. 94] declaring that all fines and forfeitures collected in cities for the breach of any ordinance for the suppression of vice, shall be paid over to the trustees of houses for friendless women, if any such institution exists in such city, was read the second time. The bill was ordered engrossed.
Mr. Hubbard's bill [S. 96] to encourage manufacturing in the State, and legalizing the conveyances of real estate by and to foreign manufacturing companies, was read the second time and ordered to be engrossed.
Mr. Glessner's bill [S. 27] to legalize certain acts of companies attempted to be organized under the general macadam and plank road laws, was read the second time.
Mr. Glessner explained that it was to remedy any little defects in articles of association of road companies. It will hurt nobody and do injustice to no one. It does not apply to any gravel road built by assessing lands along its line, but only to those roads built by voluntary subscription.
Mr. O'Brien moved to amend by adding a proviso that where legal proceedings have been commenced nothing in this act shall be construed as to affect such suits, engrossed.
Mr. Collett's bill [S. 99] to authorize sureties upon instruments in writing who have paid for their principals to collect interest the same as provided for in the original instrument.
Mr. C. said the bill merely provides that the security shall recover from the principal the amount of his loss. It will tend to make principals more careful hereafter. Engrossed.
Mr. Miller's bill [S. 18] repealing laws authorizing the assessment of land for plank, McAdam and gravel road purposes coming up, the number and author's name only being read - and the President pro tem., [Mr. Carnahan in the chair] announcing that it was read the second time heretofore.
On motion by Mr. Hall, it was ordered to be engrossed.
Mr. Smith's bill [S. 123] to amend section 78 of the common school law, was read the second-time and ordered to be engrossed.
Mr. Collett's bill [S. 98] to prevent carrying concealed and dangerous weapons, was read the second time.
Mr. Collett believed such a law would go a great ways to prevent the practice.
page: 98[View Page 98]Mr. Slater moved to amend by inserting "brass or iron knucks" in the appropriate place.
Mr. Neff moved to include "razors,"
Mr. Slater accepted the amendment.
The amendment, as amended, was agreed to.
Mr. Fuller moved, ineffectually, to strikeout the words "with intent and avowed purpose," wherever they occur.
The bill was ordered to be engrossed.
Mr. Orr moved to rticoi raider the vote ordering the engrossment of the bill S. 18.
Mr. Steele, saving that the bill had not been read even by title this morning, desired that it be re-read.
The Senate took a recess for dinner.
AFTERNOON SESSION.
The Senate met at two o'clock.
On motion by Mr. Dwiggins, the special order was dispensed with, and the Senate proceeded to the consideration of the biennial message of Governor Baker, and the inaugural of Governor Hendricks, as in Committee of the Whole, Mr. Glessner in the chair.
On motion by Mr. Dwiggins, that part of Governor Baker's message referring to State finances was referred to the Committee on Finance; that part referring to the education of feeble minded children was referred to the Committee on Benevolent Institutions.
That part referring to education and the Agricultural College was referred to the Committee on Education. That part which refers to the constitutional amendments was referred to the special committee on that subject That part which refers so the centennial celebration, to the Committee on Agriculture. That part referring to the woman's suffrage question, to the Committee on Rights and Privileges. That part referring to the Women and Girls' Reformatory, to the Committee on Reformatory Institutions. That part referring to the State Geologist, to the Committee on Mines and Mining. That part referring to the National Monument, to the Committee on Federal Relations. That part referring to intemperance, to the Committee on Temperance.
That part referring to legislative practice to the Committee on Enrolled Bills; and that part referring to pardons, to the Committee on Prisons.
On motion, that part referring to the office of Attorney General was referred to the Committee on Organization of Courts of Justice; that part referring to a Bureau of Statistics to the Committee on Education and Statistics.
On motion by Mr. Harney, so much of Governor Hendrick's inaugural as referred to the subject of elections and civil service reform was referred to the Committee on Elections; so much as refers to fees and salaries, to the Committee on Fees and Salaries; so much as refers to the Judiciary to the Judiciary Committee.
Mr. Friedley, of Lawrence, moved that the following paragraph be referred to the Committee on Military Affairs.
"By the prompt and full discharge of every duty, and the exercise of a fraternal comity, I will labor to promote a cordial and enduring friendship between Indiana and the other States."
Mr. Harney moved to amend by refering it to the Committee on Federal Relations.
Mr. Friedley accepted the amendment, and it was so referred, by consent.
On motion of Mr. Orr, that part referring to constitutional amendments was referred to the special committee on that subject.
On motion by Mr. Hale, that part relating to the security of public moneys was referred to the Committee on Finance.
On motion by Mr. Orr, that part in reference to education was referred to the Committee on Education.
On motion by Mr. Dwiggins, the Committee rose, reported its proceedings as above, and asked to be discharged.
Report concurred in.
SENATE BILLS ON THE SECOND READING.
Mr. Hough's bill [S. 49] to amend section 22 of the city incorporation law, was read the second time.
On motion by Mr. Dwiggins, it was amended so that parties may be prosecuted before a Justice of the Peace.
The bill was ordered to be engrossed.
Mr. Wadge's bill [S. 149] for the reorganization of the State Prisons was referred to the Committee on Prisons without reading.
On motion by Mr. Gooding the bill [S. 160] with regard to the removal of the Lawrenceburg Insurance Company to Evansville was ordered to be engrossed for the third reading.
Mr. Dittemore's county seat bill [S. 148] to provide for the relocation of county seats, was read.
Mr. Hall moved its reference to a special committee of five.
Mr. Dittemore moved for instructions that the Committee report the bill back to the Senate day after to-morrow morning.
Mr. Hall accepted the instructions by way of amendment to his motion.
The motion was agreed to.
The President subsequently made the committee to consist Messrs. Hall, Sleele, Beeson, Hough, and Daugherty.
Mr. Williams' bill [S. 13] requiring railroad companies to keep their principal business office in the State, and to have a majority of directors resident of the State, coming up -
On motion of Mr. Glessner it was postponed over on account of the sickness of its author.
Mr. Orr's bill [S. 77] to amend section two of the act of March 11, 1861, to amend the Justice's act - it permits confession of judgments under $1,000, and increases Justice's jurisdiction to $500.
Mr. Dittemore moved to indefinitely postpone the bill. Agreed to by yeas 23, nays 16.
WORK FOR COMMITTEES.
On motion of Mr. Glessner, those bills laid on the table last session were read by title only and referred to appropriate committees as follows:
Mr. Neff's bill [S. 19] amending the Divorce act.
Mr. Gregg's bill [S. 21] repealing section one of the State Agent was laid on the table as superceded matter.
Mr. Armstrong's bill [S. 20] relative to the sale of real estate on execution, was referred to the Judiciary Committee.
Mr. O'Brien's bill [S. 25] to repeal the fee and salary act, was referred to the Committee on Fees and Salaries.
Mr. Neff's bill [S. 26] amending section 18 of the descent and apportionment of estates act was referred to the Committee on Rights and Privileges.
Mr. Orr's bill [S. 28] to amend section 1 of the act providing for the completion of the unfinished business of one session by the succeeding, was indefinitely postponed, a similar bill having been enacted into a law.
Mr. O'Brien's bill [S. 30] to amend the act organizing the Supreme Court was also indefinitely postponed.
Mr. Hough's bill [S. 34] to amend sections 90 and 103 of the criminal practice act was referred to the Committee on the Organization of Courts.
Mr. Boone's bill [S. 39] to amend the levee, dyke and drain act was indefinitely postponed.
Mr. Slater's bill [S. 41] to amend section 5 of the liquor law was referred to the Committee on Education.
Mr. O'Brien's bill [S. 42] to repeal section 15 of the act concerning promissory instruments in writing of March 11, 1861, was referred to the Committee on the Judiciary.
page: 99[View Page 99]Mr. Beardsley's bill [S. 43] to authorize the construction of levees, dykes and drains was indefinitely postponed.
Mr. Cave's bill [S. 47] to repeal the fish law, was referred to the Committee on Rights and Privileges.
Mr. Beeson's bill [S. 79] to amend section 1 of the mill race way act, was indefinitely postponed.
Mr. Beardsley's bill [S. 80] to amend the fish law, was indefinitely postponed.
Mr. Smith's bill [S. 83] defining the offense of libel, was passed over informally.
Mr. Stroud's bill [S. 84] to protect citizens from empiricism, was referred to the Committee of Rights and Privileges of the State.
Mr. Sleeth's bill [S.90] to amend section 24 of the estates act of May 14, 1852, was informally passed over, the author being absent.
Mr. Ringo's bill [S. 93] limiting the number of grand and petit jurors, was referred to the Committee on the Organization of Courts.
Mr. Hubbard's bill [S. 102] to repeal all appraisement laws of property taken on execution, was referred to the Committee on the Judiciary.
Mr. Harney's bill [S. 161] requiring County Commissioners to refund railroad tax to tax payers, was indefinitely postponed.
THE CALENDAR - SECOND READING.
On motion by Mr. O'Brien, his bill [S. 164] to amend section 1 of the plank, McAdam and gravel road assessment, and providing compensation to County Auditors, was taken from the table and read the second time.
Mr. O'Brien explained: This bill provides that the engineer's estimate shall govern the amount of the lien; and benefits shall be arranged pro rata in the land assessed; and the companies shall collect their own assessments. And this bill provides that the company shall pay for their own duplicates, instead of the county, as is now the case. Referred to the Judiciary Committee.
Mr. Bowman's bill [S.155] to provide for the reimbursement to certain counties taxes illegally assessed and collected in 1869, and paid into the State Treasury, was read the second time.
Mr. Francisco moved to amend by adding "to the county of Jefferson $3,235."
Amendment agreed to and the bill engrossed.
Mr. Brown's bill [S. 106] to prescribe the qualifications of petit jurors, was read the second time and engrossed.
Mr. Dwiggins' bill [S.116] to amend sections 95, 96 and 97 of the decedents estate act of June 17, 1852, was read the second time and engrossed for the third reading.
Mr. Brown's bill [S. 132] to amend section 20 of the act establishing the Female Reformatory Prison, was read the second time and laid on the table - a similar bill from the House being now on its second reading in the Senate.
Mr. Howard's bill [S. 140] to amend section 3 and repeal section 4 of the will act of May 31, 1852, was read the second time and engrossed for the third reading.
Mr. Scott's bill [S.162] to repeal the act repealing an act of May 6, 1869, and authorizing deeds or transcripts to be read in evidence, was read the second time and engrossed.
Mr. Rhodes' bill [S.127] in relation to contracts concerning patent rights, enlarging the defense to such notes made payable in bank, etc., was read the second time and ordered to be engrossed.
Mr. Taylor's bill [S. 115] to authorize Common Pleas Courts to order partial distribution of estates before final settlement, was read the second time.
Mr. Dwiggins moved to add a proviso that where ail the heirs are residents of the county personal notice may be served in lieu of publication.
Amendment agreed to, and bill was engrossed for the third reading on to-morrow.
The President announced the committee on the part of the Senate authorized by the joint resolution [H. R. 12], to propose amendments to the State Constitution, viz: Messrs. Brown, Hubbard and Boone.
Senate adjourned till to-morrow.
