THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Jan. 31, 1873.MORNING SESSION.
Mr. Friedley in the chair.Mr. Haworth presented a memorial on prison management.
REPORTS FROM COMMITTEES.
Mr. Dittemore returned the bill [H. R. 35] to amend the criminal practice act, recommending its indefinite postponement.
Mr. Gooding, from the same committee, returned the bill [H. R. 115] to repeal the act regulating the sale of patent rights, recommending its indefinite postponement.
Mr. Daggy, from the same committee, returned Mr. Ringo's bill [S. 226] to amend sections 457 and 458 of the civil practice act, recommending that it be indefinitely postponed. Also, the bill [S. 230] to amend section 397 of the practice act of June 18, 1852, with a favorable report thereon. Also the bill [H. R. 178] to amend section 1 of the act to amend section 77 of the practice act of June 17, 1852, with a favorable report. Also the bill [S. 169] authorizing the organization of voluntary associations, with amendments. Also Mr. Dittemore's bill [S. 198] to provide for a school for feeble minded children, with a favorable report.
Mr. Gooding, from the same committee, returned the bill [H. R. 130] to render uniform the rate of interest on the common school fund, with a favorable report.
Mr. Boone, from the same committee, returned Mr. Orr's bill [S. 228] in relation to the arrest of felons, with a recommendation that it be indefinitely postponed.
Mr. Daggy, from the same committee, returned Mr. Gregg's bill [S. 4] to provide for the taxing of bank stock for municipal purposes, with a recommendation that the original bill be amended and passed. Also, the bill [H. R. 167] to preserve the MSS. of journals of the two Houses, with a favorable report.
Mr. Gregg, from the same committee, returned Mr. Fuller's bill [S. 208] to amend section nine of the criminal procedure act of June 17, 1852, with a favorable report. Also, returned the bill [H. R. 118] making parties witnesses in executors' and administrators' cases, with a favorable report. Also, Mr. Orr's bill [S. 182] to provide for the investment of funds in the hands of agents or executors, with a recommendation that it be indefinitely postponed.
Mr. Gooding, from the same committee, returned the bill [H. R. 136] to amend section 149 of the civil practice act, with a recommendation that it pass without amendment. These reports were severally concurred in.
GRAVEL AND PLANK ROADS.
Mr. Steele, Chairman of the Judiciary Committee, returned Mr. Orr's bill [S. 104] on the subject of the repeal of the gravel and plank road acts, with a recommendation that it be indefinitely postponed.
Mr. Orr said there was no law on the statute books that produces more ill feeling among his neighbors than the gravel road law. He moved to amend the report by recommending that this bill lie on the table.
Mr. Gregg concurred in the opinion that no worse law was on the statute book; but this bill proposes to legalize a part of the wrongs already perpetrated under the odious law, and for this latter reason he favored concurrence in the report of the committee. He did not think this a proper time to discuss the merits or demerits of the gravel road law.
Mr. Steele explained that his committee make such a report upon no bill that should become a law on the statute books. A concurrence in such a report effectually disposes of a bill, and so the Senate is not further troubled with it.
Mr. Slater understood that a recent decision of the Supreme Court renders such a bill as this unnecessary, and therefore he favored the report of the committee.
Mr. Glessner did not like this bill. The gravel road law in many parts of the State, the people can not get along without. The motion to amend the committee's report was rejected by yeas 16, nays 31, and the report of the committee concurred in.
REPORTS FROM COMMITTEES.
Mr. Daggy, from the Judiciary Committee, returned several petitions requesting amendment page: 102[View Page 102] to contracts heretofore made; declaring an emergency for the passage of the act, and amending the title thereof, by striking out the word "concerning" and inserting the word "regulating" in lieu. The amendments were concurred in by House of Representatives.
MARY JANE JAMESON.
Mr. Kimball presented the petition of Mary Jane Jameson, a citizen of Pennsylvania, widow of John Jameson, reciting and showing that she is entitled to her original marital interest in two outlots at present within the enclosure of the Blind Asylum, and praying that the matter of her claim against the State therefor may be considered by the General Assembly. It was referred to the Committee on Claims.
On motion of Mr. Woodard, his bill [H. R. 391] further to prescribe the duties of the Secretary of State, and to provide farther arrangements (bureaus) for the duties of his office, was taken up and ordered to the engrossment.
HUNTINGDON CIRCUIT COURT.
On motion of Mr. Cobb, his bill [H. R. 262], to change the time for holding the Circuit Court in Huntington county (first Monday in March, to continue four weeks; fourth Monday in August, to continue four weeks), was taken up on the second reading.
On the motion of Mr. Walker, (the constitutional restriction being suspended for the purpose) the stage of the bill was advanced to the third reading, and it was read the third time and finally passed the House of Representatives - yeas 78, nays 0.
On motion of Mr. Jones, his bill [H. R. 315] to authorize Township trustees to levy taxes for school purposes was taken up and placed in the calendar.
SUPERIOR COURT - COSTS.
Mr. Johnson, by unanimous consent, introduced a bill. [H. R. 316] for an act governing costs in the Superior Courts of this State. (The taxation of costs shall be the same as in Circuit Courts.)
On the motion of Mr. Johnson (the constitutional resolution being suspended), the bill was advanced and finally passed the House of Representatives. Yeas, 72; nays, none.
The House then adjourned.
page: 103[View Page 103]of the divorce laws, with the recommendation that they lie on the table.
Mr. Hough, from the Committee on Education, returned the bill [H. R. 138] to amend the act authorizing the issue of bonds for school buildings, etc., with clerical amendments.
Mr. Thompson, from the Committee on Benevolent Institutions, returned the bill [S. 87] on the subject of idiotic instruction, with an unfavorable verbal report thereon.
Mr. Beeson, from the Committee on Claims, returned claims of witnesses in the Burson contested election case of 1871, with favorable reports thereon. Also a claim of Spiegel & Thoms for $77 worth of furniture furnished at special session. Also, $252 for material furnished by Adams, Mausur & Co. for committee rooms. Also Osborn & Calkins, $400 for services as attorneys in the Calumet dam matter, with favorable reports.
Mr. Carnahan, from the same committee, also returned claims of witnesses in the Burson contested election case of 1871, with favorable reports thereon.
These reports were severally concurred in.
Mr. O'Brien, from the same committee, returned the memorial of Rebecca Williamson Hamson, claiming $350 pay for services of her deceased husband as surgeon to an Indiana regiment while at camp in Kokomo, with a favorable report.
Mr. Chapman was afraid of adopting a precedent, and of opening a wide door for the coming of a perfect flood of such claims.
Mr. O'Brien urged the payment of the claim.
Mr. Chapman made an ineffectual motion to lay the report on the tableyeas 20, nays 24.
The report was concurred in.
Several Senators having asked and obtained leave of absence over Sunday, Mr. Steele demanded a call of the Senate, which was ordered,and being taken discovered forty-five Senators as present and answering to their names.
Mr. Beeson, chairman of the committee on Reformatory Institutions, returned Mr. Steele's bill [S. 153] forbidding the employment of children in the whisky business, with a favorable report.
Mr. Hall from the committee on Rights and Privileges, returned Mr. Scott's bill [S. 167] regulating weights arid measures, with amendments.
Mr. Howard, Chairman of Finance Committee, returned Mr. Neff's bill [S. 232] to regulate the sale of substances for illuminating purposes, with a favorable recommendation.
Mr. Gooding, from the Committee on Federal Relations, returned the bill [H. R. 6] creating the Indiana Centennial Association, with an amendment that expenses shall not exceed $1,000 per annum.
He also returned from the Judiciary Committee Mr. Gregg's bill [S. 357] to amend sections 17 and 29 of the city incorporation law, with a recommendation that it be amended and passed.
These reports were concurred in.
Mr. Collett offered a resolution, which was adopted, directing the Attorney General to inquire and report whether the Trustees of the Vincennes University have complied with the laws in reference thereto.
He also offered a resolution, which was rejected, ordering the doorkeeper to have a set of boxes, 8 by 14 inches high, in the west room for the use of Senators.
Mr. Dwiggins offered a resolution instructing the doorkeeper to annul the contract for taking four copies of the Daily Sentinel and the Daily Journal from and after to-day.
On motion of Mr. Rhodes, the resolution was referred to the Judiciary Committee - yeas, 28, nays, 15.
Mr. Dwiggins moved ineffectually to suspend the regular order that the bill [S. 228] to redistrict the State for Judicial purposes be read the second time and made the special order for to-morrow at ten o'clock.
Mr. Boone offered a Joint resolution [S.] to authorize investigation of alleged losses to the school revenue, and prescribing the duties of certain officers in relation thereto. It directs the Attorney General and Superintendent of Public Institutions to make the inquiry.
Pending which,The Senate took a recess.
AFTERNOON SESSION
The President took the chair at two o'clock, and stated the question to be on the adoption of Mr. Boone's joint resolution [S. 9] introduced just before the recess.
Mr. Glessner favored the object of the resolution, but thought the subject matter should be embraced in a bill.
Mr. Neff moved that the resolution be referred to the special committee appointed last session to examine into that matter. [Messrs. Brown, Daggy and Dittemore.]
Mr. Boone had no feeling about it, and was satisfied for the present with having brought the subject to the attention of the Senate.
Mr. Dwiggins moved to amend the motion by changing the reference to the Judiciary Committee that the question raised by Mr. Glessner may be examined into.
Mr. Neff accepted this as a substitute for his motion.
The resolution was so referred by yeas 28, nays 8.
Mr. Carnahan moved that all claims reported on favorably from the Committee on Claims be referred to the Committee on Finance, with instructions to place them in the Specific Appropriation bill.
Mr. Daugherty, from the Committee on Reformatory Institutions, returned the bill [H. R. 212] defining the misdemeanor of keeping houses of ill fame, etc., with amendments.
The report was concurred in.
On his further motion, the bill was read the second time.
Mr. Dittemore moved to further amend by striking out of the 2d section the words "as a means of livlihood."
Mr. Hall hoped the bill would be passed without amendment.
The amendment was agreed to.
Mr. Dittemore moved to further amend the 2d section by inserting the words "be imprisoned in the county jail not exceeding six months," instead of confinement in the State's prison.
The amendment was agreed to.
Mr. Fuller moved to further amend by providing that the provisions of this act shall only apply to cities of 3,000 inhabitants and over. ,On motion of Mr, Hall, the amendment was laid on the table by yeas, 23; nays, 17.
On motion by Mr. Brown, the amendments were ordered engrossed.
Mr. Daggy moved that the Sonate proceed with the consideration of House bills on the third reading, but changed his motion at the suggestion of Mr. Slater, so that Senate bills may be considered - an exception being made in favor of the bill H. R. 211, at the instance of Mr. Beeson.
The motion was agreed to.
SENATE BILLS PASSED.
Mr. Dwiggin's bill [S. 32] to legalize the sale of Seminary lands in Jasper county to Marion L. Spitler and Margaret Stackhouse, was read the third time and pissed by yeas 38, nays 0, with amendment of title striking out the words "and declaring an emergency."
Mr. Taylor's bill [S. 16], authorizing suits to be brought in partnership name only in certain cases, and declaring the effect thereof, was read the third time and passed the Senate by yeas 39, nays 0.
Mr. Cave's bill [S. 37], to amend section 47 of the act of June 17, 1852, to provide for the opening, vacating and change of highways, was read the third time.
Mr. Cave explained that the only change this page: 104[View Page 104] bill proposes is to allow viewers and reviewers $2 per day instead of $1, as the law now is.
The bill passed the Senate by yeas 36, nays 2.
WOMAN'S REFORMATORY.
The bill [H. R. 211] supplemental to the act establishing a Female Reformatory [appropriating $50,000 for finishing the building and putting in order the grounds adjacent thereto] was read the third time.
Mr. Winterbotham moved to recommit the bill to the Committee on Prisons, with instructions to strike out $50,000 and insert in lieu $25,000.
Mr. Beeson resisted the motion, and urged the immediate passage of the bill.
Mr. Friedley, of Lawrence, considering the present condition of the State Treasury, thought It prudent to get along with a less amount than $50,000, if possible. Then he doubted whether the State would be satisfied five years hence with the expenditure on this institution.
Mr. Oliver hoped the Senate will pass this bill, as many workmen or contractors have laid out of their money for several months, and they should be paid.
Mr. Winterbotham understood there were but twenty-three women in the State Prison, and thought this institution was costing too much money for the number of inmates it is likely to have.
Mr. Beeson stated that the putting in one prison the two sexes is a thing very much to be regretted. In this building there is to be two separate departments. A prison department and a reformatory department for young and erring women. As a mechanical structure, the building is one of the best built the State has ever had. If the appropriation is cut down, as proposed, the structure will stand unoccupied for another two years. In the name and for the sake of humanity he hoped the bill would be passed without further amendment.
Mr. Steele is told by such men as Governor Baker that this institution will require an appropriation of $50,000. He hoped the amount would not be decreased; it calls more loudly for an appropriation than anything that has yet come before the Senate.
Mr. Friedley, of Lawrence, was willing to appropriate enough money to pay on the indebtedness on the building:, but he believed so large an appropriation as $50,000 would leave the State with insufficient means to make the necessary appropriations to other benevolent institutions now in successful operation.
Mr. Slater reminded the Senate that tax payers were demanding economy, and he should oppose the appropriation.
Mr. Neff proposed to amend the motion by inserting $30,000 instead of $25,000.
Mr. Winterbotham accepted this amendment.
The amendment was rejected, by - yeas, 15; nays, 25.
Mr. Friedley, of Lawrence, moved to recommit the bill to the same committee, with instructions to strike out $50,000, and insert in lieu 25,000.
On motion by Mr. Wadge, this motion to refer was laid on the table, by - yeas, 22; nays, 19.
Mr. Hough moved to refer, with instructions to strike out $50,000 and insert $40,000.
On motion by Mr. Daugherty, it was laid on the table.
Mr. Dwiggins demanded the previous question, and mere bring a second, under its operations the bill finally passed, by - yeas, 27; nays, 13.
Mr. Friedley, of Lawrence, and Mr. Neff, Mr. Orr and Mr. Winterbotham regretted their negative votes, but believe the bill appropriates more money than is necessary.
Mr. Bowman's bill [S. 50] to correct and define the boundary line between the counties of Washington and Clark was read the third time and passed by yeas 38, nays 0.
Mr. Collett's bill [S. 75] defining the law of verbal slander, and affixing the penaly therefor, was read the third time and failed to pass for want of the constitutional majority of 26 - yeas 19, nays 19.
Mr. Glessner and Mr. Steele explained their negative vote, believing it would encourage actions for slander, and, as such, is a dangerous measure.
Mr. Collett's bill [S. 76] defining the law and crime of libel was read the third time.
Mr. Slater denounced it as a bill striking against newspapers, and very unjust in its provisions.
Mr. Hough moved to recommit the bill to the committee, with instructions to strike out that portion of the bill providing for imprisonment.
On motion by Mr. Wadge, the motion to refer was laid on the table.
Mr. Brown declared that this was not a bill striking at newspapers unless they ought to be struck at. The many abuses of personal character now prevalent ought to be stopped. Any written or printed slander made public is as much a libel as though published in a newspaper. The bill says to editors of newspapers that their publications shall be circumscribed by the rules of decency and truth.
After remarks by Messrs. Brown, Slater, Gregg, Gooding, Hough and Dwiggins, which will appear in the Brevier Legislative Reports -
Mr. Dwiggins moved to recommit the bill to the Judiciary Committeewith instructions to more definitely define the offense.
After further debate by Messrs. Brown and Rhodes -
Mr. Rhodes moved to amend the instructions by moving to strike out the third section.
Mr. Steele moved to change the reference to the Committee on Rights and Privileges.
Mr. Daugherty demanded the previous question. The Senate seconded the demand.
The motions to refer were both severally rejected, and under the operations of the previous question the bill was rejected by yeas 16, nays 19.The Senate then adjourned till ten o'clock to-morrow.
