THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
SATURDAY, February 1, 1873.THE INSANE.
On motion by Mr. Chapman, the house concurrent resolution for dividing the State into three Insane Hospital districts, and providing for the erection of buildings and the government of the same, etc., was read.
Mr. O'Brien opposed the idea of creating the paraphernalia of two additional benevolent institutions, especially in view of the complaint that the treasury was being rapidly depleted. And he opposed the scattering of these institutions all over the State.
Mr. Daggy also opposed three separate institutions, but would favor the erection of additional buildings on the Insane Hospital grounds near this city - one devoted more particularly to males and one to females.
Mr. Oliver desired Senators to think seriously about this subject - it is a colossal question - one around which cluster the very greatest interest. He favored the erection of additional buildings on the present hospital grounds.
After debate by Messrs. Chapman, Glessner and Dwiggins -
Mr. Dwiggins moved to refer the resolution to the Committee on Benevolent Institutions, with instructions to inquire and report what amount should be appropriated to build additional buildings for the insane, and also report where such additional buildings should be erected, and all other matters pertaining thereto, and report by bill or otherwise.
Mr. Hough moved to amend the amendment by directing the committee to inquire into the necessity for the erection of additional buildings on the present site of the Hospital for the Insane.
After further debate by Messrs. Hough, Hall and Steele, Mr. O'Brien offered a substitute instructing the committee to inquire into the propriety of enlarging the present buildings for the accommodation, of the insane of the State, or the building of new buildings on the ground now owned by the State, and report plans and specifications for said buildings.
Mr. Scott demanded the previous question. The Senate seconded the demand. The question being on the substitute it was rejected, by yeas 18, nays 20 - as follows:
Ayes - Messrs. Beardsley, Boone, Bowman, Collett, Daggy, Daugherty, Friedley of Lawrence, Glessner, Haworth, Hough, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Ringo, Scott and Slater - 19.
Noes - Messrs. Armstrong, Beeson, Bunyan, Carnahan, Cave, Chapman, Daggy, Dwiggins, Fuller, Francisco, Gooding, Gregg, Hall, Harney, Howard, Sarnighausen, Steele, Stroud, Thompson and Winterbotham - 20.
The question recurring on the amendment (Mr. Hough's) to the amendment, it was also rejected by yeas, 11; nays, 28.
The question then recurring on the amendment (Mr. Dwiggins') it was agreed to without a division.
The concurrent resolution as amended was adopted by yeas, 37; nays, 9.
On motion of Mr. Rhodes, his bill [S. 157] authorizing the purchase of stationery for county officers and courts, was ordered to be engrossed for the third reading.
On motion by Mr. Gregg, his bill [S. 4] in regard to taxing the State national banks for municipal purposes, was read the second time and ordered to be engrossed.
Mr. Scott presented a petition on the subject of temperance from citizens of Vigo county, which was referred to the Committee on Temperance without reading.
On motion of Mr. Daggy, the order of business was dispensed with, and the Senate agreed to proceed with the consideration of Senate bills on the third reading.
ROAD SUPERVISORS.
Mr. Slater's bill [S. 128] to amend section 1 of the supervisor of highways act, approved March 5,1859, being read the second time.
Mr. Slater explained that the bill simply changes the mode of electing supervisors from a general election to the road district at the same time they elect school directors, on the first Saturday in October.
Mr. Cave doubted the propriety of the passage of ihis bill. He feared the election of supervisors would pretty generally go by default.
page: 110[View Page 110]Mr. Neff favored the bill, believing it would work well in many respects. Every district ought to be allowed to select its own supervisor.
Mr. Dwiggins suggested a difficulty - there is no provision in the bill for certifying the election to the Township Trustee.
Mr. Slater moved the reference of the bill to a select committee of three, with instructions to perfect it. The President made the committee to consist of Messrs. Slater, Cave and Bunyan.
Several Senators asking for leave of absence -
On motion of Mr. Steele, a call of the Senate was had, discovering thirty-eight Senators present.
Mr. Dittemore, by consent, offered a resolution, which was adopted, rescinding the leave of absence heretofore granted the Senator from Franklin, and directing the Secretary to inform him of the passage of this resolution.
Mr. Hall, from the select committee thereon, returned Mr. Dittemore's bill [S. 1481, providing the manner of re-locating county seats, with amendments.
Mr. Neff believed the only fair way was to submit this question of the removal of county seats to a vote of the people, and not to a petition.
The report was concurred in.
The Senate took a recess.
AFTERNOON SESSION.
On motion by Mr. Dittemore, Senate bills on the second reading were made the order of business for this afternoon.
Mr. Williams' railroad passenger and freight tariff bill [S. 13] was read the second time and ordered to be engrossed for the third reading.
Mr. Dittemore moved that the county seat bill [S. 148] reported back from a committee just before the recess for dinner be ordered engrossed for the third reading.
Mr. Hall would not consent to the entertainment of such a motion when so many seats were empty. He indicated his intention to demand a call of the Senate, whereupon Mr. Dittemore withdrew his motion.
Mr. Glessner's bill [S. 31] supplemental to the plank, Me Adam and gravel road act of March 11, 1867, the aforesaid act having been approved May 14,1869, and repealing so much of said act as effects such companies not organized at the taking effect thereof, was read the second time.
Mr. Bird moved its reference to the Judiciary Committee.
Mr. Brown moved that petitions from Shelby county go with the bill to the Committee.
These motions were agreed to.
Mr. Neff's bill [S. 46] repealing section forty-one of the act prescribing who may make a will, the effect thereof, what may be devised, etc., was read the second time.
On motion by Mr. Dittemore the bill was laid on the table.
Mr. Boone's bill [S. 78] to amend section 19 of the act prescribing the powers of justices in State prosecutions, approved May 29, 1852, [by striking out the words "Provided that no female shall be imprisoned,"] was read the second time.
Mr. Harvey and Mr. Boone favored this bill, and Mr. Brown, Mr. Thompson and Mr. Steele opposed it.
Mr. Bunyan moved to indefinitely postpone the bill. The motion was agreed to by yeas 18, nays 17.
Mr. Carnahan, by leave, introduced a bill [S. 266] to require surviving partners to file inventories and appraisements in the office of the Clerk of the Circuit Court, which was read the first time.
Mr. Dittemore, from the Judiciary Committee, returned the bill [H. R. 188] to amend, section 433 of the practice act of June, 1852, with amendments striking out a clause that when exemption is not paid, the officer shall make at least one offer within sixty days, etc.
Mr. Glessner, from the Committee on Rights, returned Mr. Orr's bill [S. 201[, supplemental to section 7 of the misdemeanor act, with a recommendation that it be indefinitely postponed.
These reports were concurred in.
Mr. Chapman, understanding that there has been a new flag just placed on the dome of the Capital, moved, in honor of the event, that when the Senate adjourn, it adjourn till two o'clock P. M. Monday.
The motion was agreed to.
NEW PROPOSITIONS.
Mr. Neff introduced a bill [S. 267], for an act requiring license for certain purposes therein specified, menagerie, ventriloquism, or any other exhibition, shall obtain a license from the county treasury, for which shall be paid not less than $5 nor more than $25. Exchange brokers shall pay a license of $100 to the county.
Mr. Cave introduced a bill [S. 268] for an act to authorize the transfer to the common school of funds raised under the provisions of an act for the relief of families of soldiers, etc., approved March 4, 1865.
Mr. Bunyan introduced a bill [S. 269] for an act allowing boards of county commissioners to reimburse marshals and constables for expenses incurred in certain cases therein named - carrying prisoners to county jail.
Mr. Thompson introduced a bill [270] for an act to authorize incorporated cities to purchase and use for certain purposes, real estate outside of the city limits (not exceeding 600 acres) for pest-house and other purposes that may endanger the health of the inhabitants.
Mr. Orr introduced a bill [S. 271] for an act to amend section two of an act entitled an act providing for the organization of county boards, and prescribing some of their powers and duties, approved March 17, 1852
Mr. Ringo introduced a bill [S. 272] for an act providing all judgments, fines, and forfeitures to the State shall be collectable without relief from valuation or appraisement laws.
Mr. Collett introduced a bill [S. 273] for an act relating to the construction of railroads and concerning matters thereunto pertaining.
[Where a railroad is completed, relying on tax voted by any county, township or city, no technical difficulty shall void the collection of the tax.]
These bills were read the first time and severally passed to the second reading.
Mr. Howard, from the Committee on Roads, returned Mr. Harney's bill [S. 180] to make the Township Trustee Road Master, and provide for a commutation of poll tax, with a substitute therefor, striking out from the enacting clause and inserting new matter of similar import.
The report was concurred in.
And then came the adjournment till Monday, half past two o'clock P. M