HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 5, 1873.The prayers, by Mr. Butts, a representative for the county of Randolph.
Mr. Branham, from the Committee on Benevolent Institutions, reported a bill [H. R. 443] making an appropriation to furnish books and other educational appliances, for the pupils in the Institution for the Education of the Blind. (It recites the interest of citizens of the State in the American Printing House for books for the blind at Louisville, Kentucky, and proposes an appropriation of $1,000 for the purchase of their books, for the pupils in the Institution for the Educa- page: 127[View Page 127] tion of the Blind. It was passed to the second reading and referred.
JUSTICES OF THE PEACE.
Mr. Miller's bill [H. R. 270] to provide for the service of summons etc., where defendant resides in the adjoining county, and to provide for the service of execution thereon, was taken up on the third reading.
Mr. Miller stated that, as the law stands, when a man has a claim against another residing in an adjoining county, if it is less than twenty-five dollars, he can't sue without additional costs. But as the law now allows the Justice of the Peace to issue subpoenas to the adjoining county, it has been thought best to allow summons also to run to the adjoining county; and this bill provides that the Justice may issue such summons and put it in the hands of the plaintiff, and he may cause it to be served in the adjoining county. The result is to extend somewhat the jurisdiction of Justices of the Peace. I do not think it can work any hardship.
The bill finally passed the House of Representatives - yeas, 81; nays, 1.
PLEADINGS.
Mr. Miller's bill [H. R. 271], to amend section 25 of the practice act of June, 1852, was taken up on the third reading.
Mr. M. said, this bill is intended to overrule a decision of the Supreme Court in XXXI. Indiana Reports. It provides that in such actions where the property is misdescribed, the court may cancel the mistakes, just as the court now does in misdescriptions in mortages. In XXXI. Ind. it is held that the court can't correct the description of the property. This simply affirms the substance of the decision in the XI. Ind. The bill was suggested and drawn by a friend of mine. It was finally passed the House of Representatives. Yeas, 78; nays, 1.
TWENTIETH COMMON PLEAS.
Mr. McConnell's bill [H. R. 282], to fix the time of holding court in the Twentieth Common Pleas district of the State(in the counties of Adams, Wells, Huntington and Allen)was taken up on the third reading, and finally passed the House of Representatives - yeas 80, nays none.
GEOLOGICAL APPROPRIATION.
The Speaker announced the special order, viz.: the consideration of Mr. Thayer's bill [H. R. 303], to amend sections 2 and 6 of the act providing for a geological survey, and for the collection and preservation of a geological and chemical cabinet of the natural history of the State, creating the office of State Geologist, defining his duties and fixing his salary, and making appropriations for the same, approved March 6, 1869. The question being on the pending amendments, viz.: for striking out the $10,000 total appropriation, and inserting $6,000 in lieu, and striking out the $3,600 salary of the Geologist, and inserting $2,500 in lieu.
Mr. Butterworth considered the importance of the State Geologist and his work to the State at large. His remark the other day with reference to geologists was ungarded. Professor Cox has done a good work and done it well; and it is right that we all maintain for him a good fair salary. But this bill is for an annual appropriation and it makes the salary too large. If we allow the Geologist $2,500 that is a greater salary than is received by any Professor in the colleges of ths State. But as far as the continuation of these surveys are concerned, he failed to see the demand for additional expenses in this way. He would have the Geologist to proceed as in the past, without incurring additional expense as to the surveys, but with an increase of salary.
Debate followed in which Messrs. Reno, Gregory, Mellett, Kimball, North, Johnson, Lenfesty and Branham participated, (see Appendix XIV brevier reports) and after sundry propositions to amend resulting in making the total appropriation $8,000 and the salary of the Geologist $3,000. The bill was finally passed the House of Representatives, yeas - 73; nays - 13.
LOCAL OPTION TEMPERANCE.
On motion of Mr. Furnas, the order of business was suspended, and the House took up the consideration of the local option temperance bill [H. R. 327] to regulate the sale of intoxicating liquors, and to provide punishments for damages by drunkenness, etc., which he now reported again from the Committee on Temperance, with sundry amendments which were concurred in.
Mr. Furnas then moved that the bill be considered as engrossed and put now upon its passage, which was agreed to, and the bill as amended was read the third time.
Mr. Schmuck. The only part in the temperance bill now before the House that recommends itself to my mind, and which meets my approval, is that portion of section nine making it unlawful and fineable for any person to get intoxicated. All the balance, from beginning to the end, ought to receive the condemnation of the representatives of a liberty and order loving people by a manly expression of "No" when the bill is put upon its passage. In effectshould the majority vote for its passageit is a prohibitory law, circumscribing individual liberty, denying rights and privileges to the citizen guaranteed him by the Constitution of the United States and of the State, and pernicious, as it opens wide the doors of court houses, inviting litigation by parties totally irresponsible, of a doubtful and bad character, and robbing men engaged in a business which has always been recognized as legitimate.
No one denies to the government the right to define and punish any and every act that is in itself criminal; but when a government undertakes to declare any act criminal that is not palpably so, the government becomes an oppression and commits a crime itself. Whenever government attempts to interfere with the inalienable rights of the citizen, it becomes tyrannical.
Murder, theft, arson, and every act that one citizen can commit, that interferes with the life, liberty, or property of another, are so easily recognized, that every one of them has been denounced and punished by laws, as universal as civilization.
But when a sect or party, accidentally holding the legislative power, attempt to set up their sectarian or party notions of morality and declare criminal what has always been considered and recognized as legitimate, that party is commiting a crime itself. We have a right to regulate the sale of gunpowder, combustible oil, spirituous liquors and food of every description, and to punish their adulteration; but when such legislation goes to the extent of interfering with the legitimate commerce and industry of the country - even though it be placed on moral ground - I conceive it is going beyond its power. Forced morality, has never produced good as has been proven by every attempt to make the Maine Liquor Law effective. Morality can only be enforced by education and public sentiment. The means used to evade all laws that are inconsistent with public sentiment are productive of more immorality than the act prohibited.
A law must command the respect of the people, and unless it is in accord with the sentiment of the people, it is a farce - a dead letter, and would have been better to have kept it out of the statute book. Are you ready, gentlemen, to say that the people are prepared for a law as proposed in the pending "bill?" I can assure you of this, that the people of my county, if it were left to them to adopt or reject this "bill," would almost unanimously vote to put this bill in the waste basket as so much waste paper, and I am free to tell you my constituents will com- page: 128[View Page 128] 128BREVIER LEGISLATIVE REPORTS.pare well with the most "high-toned,"refined and "moral community in the Stale. The many fearful evils attributed as resulting from the sale and use of intoxicating liquors - is an assertion without foundation. Where was the intoxicating liquor that caused the first "murder" recorded in holy writ? Was not Cain, the perpetrator of that crime, a born murderer? We may continue to build reformatory institutions all over this State, houses of correction for bad and vicious boys - there will be a continual demand for them, unless we, as a people, change our notion in regard to making fortunes easy. How many boys and girls are there who are not made bad and vicious by indulgent, doting parents - who desire their sons to be gentlemen and their daughters ladies whose hands are not to be soiled by honest labor? Teaching them idleness-the "root of all evil." We, as legislators, are encouraging dishonesty by exempting large amounts of money or property from execution, and defrauding honest creditors. By our system of granting divorces, we have loosened the morals of the people, and in place of looking at marriage as a most sacred bond, it is so much stock in trade by a large number of our people, and the fearful evils (in the memorial of the Friends, now upon our desks), said to be the result of the sale and use of intoxicating liquors as a beverage, might be laid at the door of idleness, laws exempting so much property from execution, the granting of divorces made easy, etc. But, gentlemen, I do not want to appear before you as a moralist. I desire a conservative spirit to breathe in all our laws, and not fanaticism. A prohibitory law will not affect me personally, but I am opposed to the principle of prohibition! It is wrong - it is oppressive - it is tyrranical. Our present law governing the sale of intoxicating liquors is good enough, let it be enforced. I am opposed to this bill, and hope it will not pass.
Mr. Butts, the author of the bill, took the floor and enforced its provisions in a prepared speech, and when he had concluded, the bill was finally passed the House of Representatives, - Yeas 53, nays 36, which were reported as follows:
Yeas - Messrs. Anderson, Baxter, Billingsley, Branham, Brett, Broaddus, Butterworth, Butts, Clark, Cobb, Cole, Crumpacker, Durham, Eward, Furnas, Glasgow, Glazebrook, Goudie, Gronendyke, Hardesty, Hatch, Hedrick, Hollingsworth, Johnson, Kimball, King, Kirkpatrick, Lenfestey, Martin, McConnell, Mellett, Miller, North, Odle, Ogden, Prentiss, Reeves, Rudder, Rumsey, Satterwhite, Scott, Shutt, Spellman, Stanley, Teeter, Thayer, Tingley, Troutman, Walker, Wesner, Wilson of Blackford, Wood, and Wynn - 53.
Nays - Messrs. Baker, Barker, Barrett, Blocher, Cauthorn, Claypool, Cline, Coffman, Dial, Eaton, Edwards of Lawrence, Ellsworth, Gifford, Given, Goble, Gregory, Heller, Henderson, Hoyer, Isenhour, Jones, McKinney,Peed, Reno, Richardson, Riggs, Schmuck, Shirley, Smith, Thompson of Elkhart, Thompson of Spencer, Tulley, Whitworth, Willard, Woollen, and Mr. Speaker - 36.
Here is the text of the bill:
A BILL. TO REGULATE THE SALE OF INTOXICATING LIQUORS, TO PROVIDE AGAINST THE EVILS RESULTING FROM ANY SALE THEREOF, TO FURNISH REMEDIES FOR DAMAGES SUFFERED BY ANY PERSON IN CONSEQUENCE OF SUCH SALE, PRESCRIBING PENALTIES, TO REPEAL ALL LAWS CONTRAVENING THE PROVISIONS OF THIS ACT, AND DECLARING AN EMERGENCY.
Section 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful for any person or persons, by himself or agent, to sell, barter, or giveaway for any purpose of gain, to any person whomsoever, any intoxicating liquors to be drank in, upon orabout the building or premises where the liquor is sold, bartered or given away, or in any room, building or premises adjoining to or connected with the place where the liquor is sold, bartered or given away, for the purpose of gain, until such person or persons shall have obtained a permit therefor from the Board of Commissioner of the county where he resides, as hereinafter provided.
Sec. 2. Any person desiring a permit to sell intoxicating liquors to be drank on the premises, shall tile in the office of the Auditor of the proper comity, not less than twenty days before the first day of the term of any regular session of the Board of Commissioners of such county, a petition in writing, stating therein the building, or number, street, ward or township wherein the permission is asked to be granted, praying for such permit, and certifying that the applicant is a resident voter of such county and a citizen of the Stare of Indiana, and that he is a proper person to have and receive such permit-, which petition shall be signed by the applicant, and also by a majority of the legal voters resident in the ward, if it be in a city, or town, if it be in an incorporated town, or township wherein the applicant proposes to sell intoxicating liquors. Such petition shall be kept on file by the Auditor until the next ensuing regular session of the Board of Commissioners, when it shall be presented to the Board for their action. The Board shall examine such petition, and if satisfied that the same is in proper form, and that it has been signed as hereinbefore required, shall direct a permit to be issued under the hand and seal of said Auditor, and delivered to the person named in such permit, upon his complying with the provisions of this act, and paying the costs of filing and recording said petition and costs of issuing said permit.
SEC. 3. Before the granting of a permit by the board of commissioners, the applicant shall cause to be executed and properly acknowledged before an officer authorized so take acknowledgement of deeds, a bond payable to the State of Indiana, in the sum of three thousand dollars, with good free hold security thereon of not less than two persons, to be approved by the board of commissioners, and conditioned for the payment of any and all fines, penalties and forfeitures incurred by reason of the violation of any of the provisions of this act, and conditioned further, that the principal and sureties therein named shall he jointly and severally liable, and shall pay to any person or persons any and all damages which shall in any mariner be suffered by or inflicted upon any such person or persons, either in person or property, or means of support, by reason of any sale or sales of intoxicating liquors to any person, by the person receiving such permit, or by any of his agents or employes. Separate suits may be brought on said Bond by the person or persons injured, but the aggregate amount recovered thereon shall not exceed the said sum of $3,000, and in case the amount of said bond shall be exhausted by recoveries thereon, a new bond in the the same penalty and with like sureties shall be filed within ten days, and in default thereof, said permit shall be deemed to be revoked. Such bond, after its approval by the board of commissioners, shall be filed in the office of the Auditor of the county, and shall be recorded by such Auditor forthwfth in a book prepared for that purpose, and shall there remain for the use of the State of Indiana, and for the use of any person or persons suffering any damage as hereinbefore set forth. Such bond may be sued and recovered upon in any court having civil jurisdiction in the county, (except justices courts) by or for the use of any person or persons, or their legal representatives, who may be injured or damaged by reason of any sale or sales of intoxicating ilquorfl by the person receiving the permit, or by any of page: 129[View Page 129] BREVIER LEGISLATIVE REPORTS.129his agents or employes. The record of the bond or a copy thereof, duly certified by such Auditor, shall be admissible in evidence in any suit on such bond, and shall have the same force and effect as the original bond would have if offered in evidence.
Section 4. The whole number of votes cast for candidates for Congress at the last preceding Congressional election in the township and the whole number of votes cast for councilman or trustee in any ward or town, at the last preceding municipal election in any city or town in which the applicant for permit desires to sell said intoxicating liquors shall be deemed to be the whole number of legal voters of such ward, district or township, a majority of whose names shall be signed to the petition of such applicant. And it is further provided that any person not a legal voter in said ward, district or township, who shall sign said petition, or any person who signs the name of any person other than himself without the permission previously obtained of said person to so sign his name, shall be lined not less than $50 nor more than $100, for each signature so made.
Sec. 5. No permit as herein provided for shall be granted for a longer or shorter time than one year. It shall be the duty of the Auditor of the county to furnish the person to whom such permit is granted a copy of the order of the commissioners granting the permit, which copy shall show in conspicuous letters the date of the commencement of such permit and of its expiration: and it is further provided, That such copy of the order of the commissioners, certified by the Auditor, shall be hung up in a conspicuous place in the room where such liquor is sold, where the same may at all times be seen and read by any person desiring to do so. Should any person holding a permit be convicted of a violation of any of the provisions of this act, such conviction shall work forfeiture of his permit.
Sec. 6. It shall be unlawful for any person, by himself or agent, to sell, barter, or give intoxicating liquor to any minor, or to persons intoxicated, or to persons who are in the habit of getting intoxicated.
Sec. 7. All places where intoxicating liquor is sold in violation of this act shall be taken, held and declared to be common nuisances; all rooms, taverns, eating houses, bazars, restaurants, drug stores, groceries, coffee houses, cellars, or other places of public resort where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuisances, upon conviction of the keeper thereof, who shall be punished as hereinafter provided.
Sec. 8. Any person or persons who shall by the sale of intoxicating liquor, with or without permit, cause the intoxication, in whole or in part, of any other person, shall be liable for and be compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person for every day he or she is cared for, which sum may be recovered in any action of debt before any court having competent jurisdiction.
Sec. 9. It shall be unlawful for any person to get intoxicated. Any person found in a state of intoxication shall, upon conviction thereof, be fined in the sum of five dollars; any person convicted of intoxication shall be required, upon the trial, to designate the person or persons from whom the liquor, in whole or in part, was obtained. In default of so designating such person, he or she shall, in addition to the fine above mentioned arid as a part of his or her punishment for the offense, be imprisoned in the county jail not less than one day nor more than ten days, at the discretion of the court.
Sec. 10. A permit granted under this act shall not authorize the person so receiving it, to sell intoxicating liquors on Sunday, nor upon the day of any State, county, township or municipal election, in the township, town or city where the same may he holden, nor upon Christmas day, nor upon the Fourth of July, nor upon any Thanksgiving day, nor upon any public holiday, nor between nine o'clock P. M. and six o'clock A. M., and any and all sales made on any such day, or after nine o'clock on any evening, are hereby declared to be unlawful, and upon conviction thereof shall be fined not less than five, nor more than twenty-five dollars for each and every such sale made in violation of this section.
Sec. 11. The bartering or giving away of intoxicating liquors, or other shift or device to evade the provisions of this act, by any person or persons keeping liquors for sale, or by his agent or employe at the place where the same are kept for sale, shall be deemed and held to be an unlawful selling or giving away for the purpose of gain within the provision of this act.
Sec. 12. In addition to the remedy and right of action provided for in section 8 of this act, every husband, wife, child, parent, guardian, employer or other person who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person, shall have a right of action in his own or her name, severally or jointly against any person or persons who shall, by selling, bartering or giving away intoxicating liquors, have caused the intoxication in whole or in part, of such person; and any person or persons owning, renting, leasing, or permitting the occupation of any building or premises, and having knowledge that intoxicating liquor is to be sold therein; or having leased the same for other purposes, shall knowingly permit therein the sale of intoxicating liquor, or who having been informed that intoxicating liquor is sold therein, that has caused, in whole or in part, the intoxication of any person, who shall not, immediately after being so informed, take legal steps to dispossess said tenant or lessee, shall be liable, jointly, with the person selling, bartering or giving away intoxicating liquors as aforesaid, to any person or persons injured, for all damages, and for exemplary damages. Provided, however, that execution on any such judgment shall first be levied on the property of the person selling, bartering, or giving away such liquor. And in the event of a failure, or insufficiency of such property to satisfy the judgment thereof, then of the property of the other defendants. A married woman shall have the same right to bring suit and to control the same, and the amount recovered, as a femme sole. And all damages recovered by a minor under this act shall be paid, either to such minor or to his or her parent, guardian, or next friend, as the court shall direct. The unlawful sale or giving away of intoxicating liquor shall work a forfeiture of all rights of the lessee or tenant, under any lease or contract of rent, upon the premises where such unlawful sale, bartering or giving away shall take place. All suits for damages under this act may be by any appropriate action in any of the courts of this State having competent jurisdiction. All judgments recovered under the provisions of this act may be enforced without any relief, &c.
Sec. 13. In all cases where husband, wife, parent or child, or guardian, shall have a right of action, as provided in section 12 of this act, and shall fail or refuse to prosecute the same, and in all cases where such intoxicated person has neither husband, wife, parent, child or guardian, the township trustee, or other officer having charge of the poor of the township where such intoxicated person resides, shall have a right of action, as provided in said section 12; and it is hereby made the duty of such officer to prosecute ail such actions in the name of such township. All money collected upon such judgments, after deducting therefrom all costs and charges against such township, occasioned thereby, shall be paid by the township trustee or page: 130[View Page 130] other officer into the treasury of the county, for the benefit of the poor of such county, provided that the name of any husband, wife, parent, child or guardian, upon proper petition therefor before final judgment, may be substituted for the name of the township; but such persons so substituted shall have no power to dismiss such action or compromise the same in any manner except by permission of the court.
Section 14. For every violation of the provisions of the first and sixth sections of this act, the person so offending shall forfeit and pay a fine of not less than ten dollars nor more than fifty dollars, or be imprisoned in the jail of the county not less than ten nor more than thirty days. For every violation of the provisions of the seventh section of this act, any person convicted as the keeper of any of the places therein declared to be nuisances, shall forfeit and pay a fine of not less than twenty nor more than fifty dollars, and such place or places so kept by such person convicted, shall be shut up and abated as a common nuisance by the order of the court before which such conviction may be had, as a further punishment, and such order shall be a part of the judgment of conviction.
Section 16. The penalty and provisions mentioned in the thirteenth section of this act, may be enforced by indictment in any court of record having criminal jurisdiction, and all pecuniary fines or penalties provided for in any of the sections of this act (except the eighth and twelfth), may be enforced and prosecuted tor before any Justice of the Peace of the proper county, in an action of debt, in the name of the State of Indiana as plaintiff, and in case of conviction the offender shall stand committed to the jail of the county until the judgment and costs are fully paid, and the magistrate or court in which the conviction is had shall issue a writ of capias ad satisfaciendum therefor. Justices of the Peace shall have jurisdiction of all actions arising under the eighth and twelfth sections of this act, when the amount in controversy does not exceed two hundred dollars, such actions to be prosecuted in the name of the party injured or entitled to the debt or damages provided for in said eighth and twelfth sections.
Sec. 17. It shall be unlawful for any person to buy for or furnish to any person who is at the time intoxicated, or in the habit of getting intoxicated, or to buy for or furnish to any minor, to be drunk by such, minor, any intoxicating liquor. Any person or persons violating this section shall be fined not less than five dollars nor more than fifty dollars.
Sec. 18. In all prosecutions under this act, by indictment or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, and it shall not be necessary to state the name of the person to whom sold. In all cases, the person or persons to whom intoxicating liquors shall be sold in violation of this act, shall be competent witnesses to prove such facts, or any other tending thereto.
Sec. 19. The following form of complaint shall be sufficient in criminal proceeding before justices of the peace or mayors, under this act, when applicable, but may be varied to suit the nature of the case, namely: State of Indiana, ____ county, ss. Before me, A, B., (a justice of the peace of said county, or mayor of, etc., as the case may be), personally came C. D., who, being duly sworn according to law, deposeth and saith that on or about the ____ day of ____ in the year at the county of aforesaid, E. F. did sell intoxicating liquors to one G. H., to be drunk in the place where sold, (or to G. H., a minor, etc., or to a person intoxicated, or in the habit of getting intoxicated, as the case may be), where intoxicating liquors are sold in violation of law, and further saith not. Signed, C. D. Sworn to and subscribed before me, this ____ day of ____ A.D.
Sec. 20. All laws and parts of laws conflicting with this act, or with any of the provisions of this act, be and the same are hereby repealed, but nothing in this act shall be so construed as to prohibit the common councils of cities and the boards of trustees of incorporated towns from, demanding and enforcing a fee for permit from all keepers of coffee houses, saloons, or other places where intoxicating liquor is sold and drank, within the limits of their respective corporations.
Sec. 24. It is hereby declared that an emergency exists for the immediate taking effect of this act, it shall therefore be in force from and after its passage, except in so far as relates to those whose who hold a license under the existing laws of the State; this act shall apply to such as now hold license immediately after the expiration thereof.
AFTERNOON SESSION.
Mr. Heller's bill [H. R. 236] to provide for taking the sense of the qualified voters of the State on the question of calling a convention to alter or amend the Constitution of the State(on the second Tuesday of October, 1874)was taken up on the third reading. Mr. Heller said all the costs of the proposed election would be the small amount of additional stationery which would be required to record the vote; and it would in no way interfere with proposition to amend the Constitution. Whilst he was opposed to the call of a convention, it was proper to hear the voice of the people on the question. The bill was finally passed the House of Representatives yeas 52, nays 29.
ROAD VIEWERS.
Mr. Billingsley's bill [H. R. 266] to amend sections 16 and 47 of the act to provide for the opening, vacating and changing of highways - coming up in order on the third reading - Mr. Billingsley said: The only change this bill makes in the present law is first, as to the compensation of the viewers. The old law allows one dollar a day - this bill proposes two dollars. The old law provides that the viewers shall meet at the time fixed by the court - this bill proposes to give them power to meet and adjourn from day to day upon their own appointment. The bill was finally passed the House of Representatives. Yeas 70, nays 9.
Mr. Thayer's bill [H. R. 289] to amend sections one and four of the act to authorize county recorders to make and maintain indexes of deeds and mortgages, etc., was taken up in order on the third reading. Mr. Thayer said this bill was introduced at the suggestion of his county recorder. It simply requires the recorder to fill blanks which are prepared in all county auditor's books, under the headings "kind of deed" and ''amount of consideration,'' and allowing him the usual compensation for such work.
Mr. Brett suggested that it is not good policy to introduce bills here at the suggestion of county officers, because there are too many of them ready to get up jobs for themselves.
Mr. Lenfesty. The law contemplates it as the duty of the Recorder to make and keep these indexes. It is so done by the Recorder of Grant county without any additional cost.
Mr. Schmuck said the County Commissioners may require these indexes. Several years ago, when he was Recorder for Perry county, there was no such index of deeds and mortgages in his office; and, on the petition of those interested, the Commissioners made an order for the index, which he himself made out and got his pay for it.
The bill was rejected - yeas 22, nays 53.
HENDRICKS AND MARION COURTS.
Mr. Ogden's bill [H. R. 310] to fix the time of common pleas in the twenty-fourth district, and his bill [H. R. 311] to fix the time for holding court in the twenty-fourth Judicial Circuit (affecting the counties of Marion and Hendricks) were page: 131[View Page 131] taken up and successively passed the final reading in the House of Representatives - yeas, 72; nays, 1.
REFORMATORY INSTITUTIONS.
Mr. Branham asked and obtained unanimous consent for the purpose, and submitted a joint resolution. Declaratory of the meaning of the first section of the act of February 3, 1873, supplemental to an act to establish a reformatory institution for girls and women, providing for the organization and government thereof, and making an appropriation therefor, approved May 13, 1869. (Said appropriation was intended to be applied to the payment of all just debts contracted for the erection of said building.) It was passed on the part of the House of Representatives - yeas, 69; nays, 2.
Mr. Schmuck asked and obtained consent for the purpose, and introduced a bill [H. R. 444] relating to the sale and conveyance of property heretofore occupied as a jail and for a court house in Perry county. He desired to offer this bill in lieu of his bill [H. R. 319] which was returned by the Judiciary Committee, with objections simply as to the title. Our County Agricultural Society desire to have possession of this neglected property. On his motion, therefore, (the restrictions being removed for the purpose) the bill was advanced and finally passed the House of Representatives - yeas 72, nays 1.
On motion of Mr. Brett, the order of business was suspended, and the House took up the consideration of the bill [S. 168] supplemental to an act in relation to the organization of the two Houses of the General Assembly, prescribing the number of employes, etc. He then submitted an amendment to the bill striking out all after the enacting clause, including the engrossed amendments heretofore adopted by the House, and inserting new matter; and then, on his further motion, the bill and proposed amendment were referred to the Committee on Ways and Means.
EMBEZZLEMENT.
Mr. Miller's bill [H. R. 329] defining the crime of embezzlement by certain officers and prescribing the punishment therfor, was taken up in order on the third reading. (Any county or municipal officer who shall take or unlawfully appropriate to his own use any money or thing which mav have come into his charge by virtue of his office, and refuse to account for or pay over such money or property, shall be deemed guilty of embezzlement, fined not exceeding double the value of the amount embezzled, and imprisoned not exceeding two years. Mr. M. said it was to supply an emission in the statutes defining the crime of embezzlement. The only law on the subject was passed March 5, 1855, intending to compel persons having money in their possession belonging to another to pay it over, and the law of December 21,1865, defining the crime of embezzlement on the part of bankers. The courts decide that the act of 1865 does not apply to county and municipal officers of the State. This bill is intended simply to aptly to all officials the same provisions of law hat now apply to the President and directors of banking associations.
The bill was finally passed by the House of Representatives - yeas, 71; nays, 0.
ROADS.
The House took, up the consideration of the bill supplemental to the act authorizing the construction of plank, macadamized and gravel roads, approved May 12, 1852 - the question being on the third and last reading.
Mr. Ogden said it provides that where parties purchase a gravel road sold on execution they may organize as a road company by going through the same processes and subjecting themselves to the same liabilities that are required in the organization of gravel road companies under the general law. The bill was rejected - yeas, 24; nays, 49.
CLAIMS.
Mr. Cobb's bill, [H. R. 368], regulating legislative practice as to the allowance of claims against the State of Indiana, was taken up in order on the third reading.
Mr. Cobb. From service in the Committee on Claims he had observed that this business had been loosely conducted. He had found there no record book of claims that had been heretofore presented to the Legislature. Such books have been kept, but they have been taken home by the clerks. This record ought to be kept to enable the successive committees to keep out the practice which has grown up of repeating claims until they are finally allowed - some claims which, perhaps, if all the facts were known, would not be allowed. The injustice ought to be regulated by legislative action, and in this bill it is proposed to make a start by requiring the Committee on Claims to keep a record of what they do - what claims are recommended and paid, and what rejected; so that those who may come after us, if they want to allow claims which we have rejected, they may do it with their eyes open.
The bill was finally passed the House of Representatives. Yeas, 70; nays, 1.
SCHOOL FUND.
Mr. Branham's bill [H. R. 354] to consolidate certain mortgage loans, mortgage forfeitures, bills receivable and other debts and accounts now due to the school fund into one non-negotiable bond, and making provisions in relation thereto, was taken up in order on the third reading. (The bill proposes that the State take these outstanding claims of the school fund and execute therefor one non-negotiable bond for $176,513 43, bearing six per cent interest.)
Mr. Branham said this bill was reported from the Committee on the Sinking Fund, in accordance with recommendations of the Governor on that subject. The object is to close up these outstanding claims and place them where they belong. The bill also abolishes the Board of Sinking Fund Commissioners. I think there can be no objection to its passage.
The bill was finally passed the House of Representatives - yeas 68, nays 0.
Mr. Woolflin submitted a resolution which was adopted, that the Speaker be authorized to issue his warrant for the per diem of the members of the joint special committee on redistricting the State for judicial purposes.
On motion of Mr. Furnas, his bill [H. R. 312] to prescribe an official oath or affirmation, and a cause of removal and a manner of removal from office of any person holding office in this State, was taken up, and it was ordered to the engrossment.
The House then adjourned.
