THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, February 3, 1873 - two o'clock P.M.President Friedley directed the reading of the journal of Saturday, but on motion of Mr. Scott the reading was dispensed with.
Mr. Scott moved so dispense with the order of business and allow of the introduction of bills.
Mr. Dittemore moved to amend by including an order for the reading of bills on the second reading.
Several Senators objected because of empty benches.
Mr. Scott accepted the amendment.
The motion was agreed to by consent.
NEW PROPOSITIONS.
Mr. Scott introduced a bill [S. 274] for an act to amend an act of February 20, 1867, relating to the capital stock of Agricultural, Horticultural and Mechanical Society, and authorize such society to issue capital stock - so such society may hold one hundred acres of ground, it was read the first time.
Mr. Gooding introduced a bill [S. 275] for an act granting the consent of the Stare of Indiana to the United States for the purchase of land in any county, not exceeding one acre, upon which to erect a postoffice, custom house, or other public building. It was read the first time.
Mr. Thompson (presenting a petition from colored citizens in favor thereof) introduced a bill [S. 276] repealing section 47 of the Felony Act of June 10, 1852, [Section 47 prohibits the intermarriage of white and colored people.] It was read the first time.
Mr. Smith moved that the bill be rejected, and demanded the yeas and nays.
Mr. Wadge moved to lay the motion on the table.
Mr. Thompson said: The inevitable is upon us and we might as well meet it.
The Lieut. Governor decided the motion to lay on the table out of order.
Several Serators appealed to Mr. Smith to withdraw his motion because a vote would reveal the fact that there was no quorum present.
Mr. Thompson spoke in favor of the bill and resisted the motion to reject it.
Mr. Smith, from the fact that there was not a quorum present, and out of respect to the author of the bill, withdrew his motion.
Mr. Scott introduced a bill [S. 277] for an act to extend the jurisdiction of the Judges of Criminal Courts in relation to writs of habeas corpus and restraining orders.
Mr. Winterbotham introduced a bill [S. 278] for an act to amend section 53 of the city incorporation laws concerning docks, wharfage,and the sale of docks] was read the first time.
On his motion it was read by the title and refeared to the Committee on Corporations.
Mr. Gregg introduced a bill [S. 279] for an act to regulate the stopping of passenger trains in incorporated cities, which was read the first time.
Mr. Cave introduced a bill [S. 180] for an act to amend section 11 of the common school law of March 6, 1865 - with reference to the apportionment of the school fund. It was read the first time.
On his motion, it was read by title and referred to the Committee on Printing.
Mr. Collett introduced a bill [S. 281] for an act authorizing any railroad to abandon any part of the line of their road, take up and remove their ties, track and fixtures, and right of way donated shall revert to original owners. (Donations by counties, townships or cities shall be refunded to each tax payer pro rata.) It was read the first time and referred to the Committee on Railroads, the Lieuienant Governor deciding that no rule of the Senate prohibits the reference of bills on the first reading.
Mr. Scott introduced a bill [S. 282] for an act to amend sections 4 and 13 of an act of June 17, 1852, providing for the organization of County Boards, (concerning County Commissioners' bonds, and the sale of county property), which was read the first time.
Mr. Stroud introduced a bill [S. 283] for an act to amend the act of February 17, 1852, authorizing agricultural societies to issue capital stock, and an amendatory act thereto, which was read the first time.
Mr. Thompson introduced a bill [S. 284] for an act authorising County Treasurers to purchase three copies of Nowland's Early Reminiscences for each of the county libraries of their respective counties. It was read the first time and referred to the Committee on Education.
page: 115[View Page 115]Mr. Carnahan introduced a bill [S. 285] for an act to repeal the acts regulating weights and measures, and restoring section one of one of the acts. It was referred to the Committee on the Judiciary.
Mr. Scott introduced a bill [S. 286] for an act to provide for liens on buildings and for the enforcement of the same, which was read the first time.
SPEAKER OF THE OHIO HOUSE.
On motion by Mr. Friedley of Lawrence, the Senate took a recess of ten minutes in order that members may be introduced to the Hon. Nelson H. Van Vorhes, Speaker of the Ohio House of Representatives.
The motion was agreed to, and thereupon the Hon. N. H. Van Vorhes advanced to the dais, escorted by Mr. Representative Cauthorn, who introduced him to the Lieutenant Governor.
The Lieutenant Governor in turn introduced Mr. Van Vorhes to the Senate, when Mr. Van Vorhes said: ''Senators, for this distinguished mark of your consideration you have my profound thanks. Having a day or two of leisure, and desiring some recreation from my arduous duties at the Capital of Ohio, I thought I would visit the Capital of our neighboring State. I came in here not expecting anything of this character, and I feel now as though I was trespassing upon your duties to the people of the State of Indiana, in delaying your business even for this informal introduction. I do not propose to take up your time in making lengthy remarks. I know this mark or your consideration is not so much to me personally as to the great State I in part represent, and for it I return you thanks." [Applause.]
Senators then went forward and were introduced to Mr. Van Vorhes by Mr. Henry S. Cauthorn, a Representative for the county of Knox.
When the ten minutes' recess had expired,
NEW PROPOSITIONS.
Mr. Oliver introduced a bill [S. 287] for an act fixing the salaries of officers of the benevolent institutions of the State.
President and commissioners of the insane, $400 a year.
President and trustees of the Institution for the Deaf and Dumb, $300 a year.
President and trustees for the Blind Asylum, $300 a year.
Superintendent of the Insane Hospital, per annum, $2,500.Superintendent of the Deaf and Dumb Institution, $2,000 a year.
Superintendent of the Blind Asylum, per annum, $1,800.It was read the first time and referred, to the Committee or Fees and Salaries.
Mr. Slater introduced a bill [S. 299] for an act relating to interest. (On accounts from date of settlement or on any written instrument shall be eight per cent, and no greater rate shall bo taken directly or indirectly.) It was read the first time.
STATIONERY.
Mr. Dittimore offered a resolution, which was adopted, requiring the Secretary of State to distribute eleven reams of letter paper, with Senate letter heads, among members of the Senate.
EMPLOYES.
Mr. Oliver offered a resolution legalizing the employment of extra doorkeepers and clerks, to date from the first of the session.
It was adopted.
Mr. Friedley, of Lawrence, offered a resolution, which was adopted, authorizing the Committee on Enrolled Bills to make their reports to the Journal Clerk when the bills are found correctly engrossed or enrolled - the President of the Senate to make the announcement from the chair.
WORK FOR COMMITTEES.
On motion of Mr. O'Brien, bills on the first reading were taken up, read by title and referred to appropriate committees.
Mr. Beardsley's bill [S. 225] to provide for the public printing was read by title and referred to the Committee on Printing.
Mr. Williams' bill [S. 223] to enable cities to aid manufacturing companies was referred to the Judiciary Committee.
Mr. Glessner's bill [S. 233] to prevent hogs running at large was referred to the Committee on Agriculture.
Mr. Oliver's bill [S. 235] to charter the Northwestern Synod of the Reformed Church was referred to the Committee on Rights and Privileges.
Mr. Beardsley's bill [S. 236] concerning cemeteries was referred to the Committee on Corporations.
Mr. Sarnighausen's bill [S. 207] concerning County boards was referred to the Judiciary Committee.
Mr. Glessner's bill [S. 238] to divide the State into judicial districts, and abolishing the Court of Common Pleas, coming up -
Mr. Glessner moved to recommit it to the Select Committee from which it came.
Mr. Dwiggins preferred it should go before the Committee of the Whole Senate.
Mr. Glessner acquiesced, and suggested Wednesday at half past eleven o'clock as the time.
The motion was agreed to.
Mr. Thompson's bill [S. 239] authorizing cities of 30,000 and over to make loans, was referred to the Committee on County and Township business.
Mr. Boone's bifl [S. 240] to amend section 156 of the common schoollaw, of March 6, 1865, was referred to the Committee on Education.
Mr. Harney's bill [S. 241] declaring all agreements in notes to pay attorneys' fees illegal and void, was referred to the Committee on Rights and Privileges.
Mr. Taylor's bill [S. 242] to amend sections 7 and 8 of the city incorporation laws, was referred to the Committee on Corporations.
Mr. Thompson's bill [S. 243] appointing commissioners to sell certain real estate belonging to the State of Indiana, was referred to the Committee on County and Township business.
Mr. Beardsley's bill [S. 244] fixing the compensation of certain officers, was referred to the Committee on Fees and Salaries.
Mr. Thompson's bill [S. 245] for the suppression of obscene literature, was referred to the Committee on Rights and Privileges.
Mr. Glessner's bill [S. 247] to provide against usury, was referred to the Committee on Rights and Privileges.
Mr. Thompson's bill [S. 248] for the exemption of occupied lots in cemeteries, was referred to the Committee on Corporations.
Mr. Rhodes' bill [S. 249] supplemental to the assessment act of1872, was referred to the Committee on Finance.
Mr. Gooding's bill [S. 250] to further prescribe the duties of Secretary of State, was referred to the Committee on the Judiciary.
Mr. Cave's bill [S. 251] in relation to individual donations to railroads, was referred to the Committee on Railroads.
Mr. Daggy's bill [S. 252] to amend sec. 31 of the county board act, was referred to the Committee on the Judiciary.
Mr. Thompson's bill [S. 253] to prevent libellous publication, was referred to the Committee on the Judiciary.
Mr. Hall's bill [S. 254] to amend section 60 of the city incorporation law was referred to the Committee on Rights and Privileges.
Mr. Fuller's bill [S. 255] to prevent hogs with cholera running at large was referred to the Committee on Agriculture.
page: 116[View Page 116]Mr. Beardsley's bill [S. 245] providing for the letting of the State printing to the lowest bidder was referred to the Committee on Printing.
Mr. Gregg's bill [S. 256] to prohibit certain officers from using free passes on railroads was referred to the Committee on Rights and Privileges.
Mr. O'Brien's bill [S. 257] concerning public printing and buildings was referred to the Committee on Printing.
Mr. Fuller's bill [S. 258] to prevent betting on elections was referred to the Committee on Elections.
Mr. Orr's bill [S. 259] requiring the schooling of children, was referred to the Committee on Education.
Mr. O'Brien's bill [S.260] fixing an annual salary for the Adjutant General, was referred to the Committee on Military Affairs.
Mr. Glessner's bill [S. 261] to amend the practice act, was referred to the Committee on the Judiciary.
Mr. Bird's bill [S. 263] authorizing married women to convey real estate, was referred to the Committee on the Judiciary.
Mr. Gooding's bill [S. 264] to amend the Evansville city charter, was referred to the Committee on Corporations.
Mr. Carnahan's bill [S. 266] to require surviving partners to file inventories, was referred to the Committee on Corporations.
Mr. Neff's bill [S. 267] requiring licenses for certain purposes, was referred to the Committee on Corporations.
Mr. Cave's bill [S. 268] to authorize the transfer of the soldiers' family relief fund to the common school fund was referred to the Committee on Education.
Mr. Bunyan's bill [S. 269] allowing County Commissioners to reimburse town marshals and constables for expenses in making arrests, was referred to the County and Township Business Committee.
Mr. Tompson's bill [S. 270] to authoize cities to purchase suburban real estate, was referred to the Committee on Corporations.
Mr. Orr's bill [S. 271] to amend the county roads act was referred to the Committee on County and Township Business.
Mr. Ringo's bill [S.272] providing all judgments and fines hereafter awarded to the State shall be collected without appraisement, was referred to the Committee on the Judicary.
Mr. Collett's bill [S. 273] concerning the construction of railroads was referred to the Committee on Railroads.
The bill [H. R. 213] denning cruelty to animals was read by title only, and referred to the Committee on the Judiciary.
The bill [H R. 307] for relief of Emsly Wilson was referred to the Committee on the Judiciary.
The bill [H. R. 279] to allow bounty for fox scalps was referred to the Committee on Agriculture.
The bill [H. R. 146] to prevent obstruction of running streams was referred to the Committee on Agriculture.
The bill [H. R. 100] in relation to streets and alleys, and altering water courses, was referred to the Committee on County and Township Business.
The bill [H. R. 208] to legalize the official acts of the trustees of Mooresviile was referred to the Committee on the Judiciary.
The bill [H. R. 245] to provide for paroling of prisoners was referred to the Committee on Prisons.
The bill [H. R. 314] to prevent careless driving, was referred to the Committee on Rights and Privileges.
The bill [H. B. 330] supplemental to the per diem act, was referred to the Committee on Fees and Salaries.
The bill [H. R. 3:32] to authorize the enlargement of the House of Refuge was referred to the Committee on Reformatory Institutions.
The bill [H. R. 225] to amend section two of the wild game act, was referred to the Committee on Rights and Privileges.
HUNTING ON ENCLOSED LANDS.
The bill [H. R. 8] to prevent hunting on enclosed lands without the consent of the owner or occupant thereof, was read the second time.
Mr. Boone moved to amend by striking out the enacting clause and inserting new matter for the first section.
Mr. Freidley, of Lawrence, moved that the bill and amendment be referred to the Judiciary Committee.
Mr. Glessner made an ineffectual motion to lay the motion on the table.
The motion to refer was agreed to.
The Committee on Rights and Privileges, and on Agriculture, were directed to turn over the petitions on this report to the Judiciary Committee.
HOUSE BILLS ON SECOND HEADING.
The bill [H. R. 81] to amend sections two, three, four and six of the act providing for the relocation of county seats, of March 2, 1865, and to amend section two of the act amendatory thereof, was referred to the Judiciary Committee without reading.
The bill [H. R. 59] to amend section six of the act amendatory of the supervisor's election act, approved December 20, 1865, was read the second time.
On motion by Mr. Harney, this bill and a Senate bill of a similar character were mode the special order in Committee of the Whole for Wednesday next, at half-past two o'clock.
The bill [H. R. 76] to amend the drainage of wet lands act of March 14, 1867, was read the second time, and referred to the Committee on Swamp Lands.
The bill [H. R. 71] to amend section sixty of the city incorporation law of March 14,1867, was read the second time and passed to the third reading.
The bill [H. R. 64] creating legal holidays, and regulating the maturity of commercial paper falling due on those days, was read the second time and passed to the third reading.
The bill [H. R. 162] to authorize cities to correct erroneous assessments for taxation, was read the second time and passed to the third reading.
The bill [H. R, 219] to regulate the sale of drugs and medicines, was read the second time and passed to the third reading.
The bill [H. R. 50] to amend section five of the dog law of March 11, 1861, was read the second time and recommitted to the Committee on Temperance.
The bill [H. R. 112] to permit wives to testify for injuries done to them, was read the second time and passed to the third reading.
The bill [H. R. 210] to amend section twenty-six of the act establishing the Female Reformatory, was read the second time and passed to the third reading.
The bill [H. R. 128] empowering town trustees to compel the planting and maintaining of shade trees, was read the second time.
Mr. O'Brien moved to lay it on the table.
The motion was agreed to upon a division - affirmative sixteen, negative not announced.
The bill [H. R, 170] to amend the 157th section of the practice act of June 18, 1852, was read the second time and passed to the third reading.
The bill [H. R. 198] to amend the fifteenth and nineteenth sections of the savings bank act was read the second time.
And then came an adjournment till to-morrow at ten o'clock A. M.
