THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Feb. 11, 1873 - Ten o'clock A. M.The Lieutenant Governor took the chair.
PETITIONS AND MEMORIALS.
Mr. Orr presented claims in the Burson election case - some half-dozen or more - which were referred to the Committee on Claims.
Mr. Bowman presented a petition from citizens of Washington county on the subject of temperance, which was referred to the Committee on Temperance.
Mr. Hall presented a petition from Laporte county, and Mr. Scott presented one from Vigo county, on the subject of temperance, which took the same reference, without reading - except the latter.
Mr. Friedley, of Lawrence, also presented a similar petition from citizens of Monroe county in favor of the temperance bill passed the House of Representatives. It was referred with the others.
Mr. Haworth presented a petition from citizens of Union county in favor of a temperance law - a majority petition of voters to be necessary for the granting of a license. It was referred to the Committee on Temperance.
Mr. Gooding presented a petition from citizens of Vanderburgh county, in favor of the House bill on the subject of temperance.
Mr. Neff presented nine petitions from Randolph county on the same subject.
These were referred to the Committee on Temperance.
Mr. Gooding presented a remonstrance directed to the Speaker of the House of Representatives from the citizens of Evansville, against the passage of any law looking to restrictions on the sale of spirituous and malt liquors.
He moved its reference to the Temperance Committee.
Mr. Dwiggins understood this remonstrance was ninety-two feet long and that a petition in favor of the temperance cause was presented to the House ninety-five feet long and he insisted if one goes to the committee the other should.
Mr. Beeson presented a petition from 37,000 citizens of the State - 700 feet long - in favor of the temperance laws.
Mr. Friedley, of Lawrence asked if these petitions were not the same used in the House of Representatives.
Mr. Beeson acknowledged that to be a fact that they were petitions sent to the Legislature of Indiana.
The petition was referred to the Committee on Temperance.
Mr. Daggy presented some twenty petitions from citizens of Hendricks county in favor of the bill prohibiting hunting on enclosed lands.
As the bill has been reported back to the Senate on his motion, the petitions were laid on the table.
REPORTS PROM COMMITTEES.
Mr. Hough, from the Committee on Education, returned Mr. Fuller's bill [S. 258] to prevent betting on elections, with amendments.
The report was concurred in.
Mr. Armstrong, from the same Committee, returned Mr. Scott's bill [S. 282] to amend section 11 of the common school law, with a recommendation that it lie on the table.
Mr. Hough, from the same Committee returned Mr. Boone's bill [S. 240] to amend section 159 of the common school law with amendments allowing milage at the rate of five cents a mile, etc., etc.
Mr. Carnahan, from the Committe on Corporations returned his bill [S. 266] requiring surviving partners to file inventories and appraisements, etc., with a favorable report thereon.
Mr. Hubbard, Chairman of the Committee on Corporations returned Mr. Beardsley's bill [S. 236] concerning cemeteries with a similar report. Also Mr. Thompson's bill [S. 270] authorizing cities of 40,000 and upward to purchase real estate outside of the city limits with a similar report. Also Mr. Thompson's bill [S. 248] to exempt occupied lots in public cemeteries with a similar report. Also the bill [H. R. 164] to prevent the obstruction of running streams with a similar report.
Mr. Orr, from the Committee on Agriculture, returned Mr. Fuller's bill [S. 255] to prevent hogs with the cholera running at large with amendments.
He also returned Mr. Glessner's bill [S. 123] to amend section twenty-two of the trespassing page: 145[View Page 145] animal and partition fence act, with a recommendation that it lie on the table.
These reports were severally concurred in.
Mr. O'Brien, from a majority of the Committee on Public Printing, returned his bill [S. 257] concerning public printing and the care of State buildings, with amendments allowing the employment of type-setters by the thousand ems, etc., etc.
Mr. Beardsly, from the same committee, presented a minority report recommending the passage of his bill [S. 245], and that Mr. O'Brien's bill [S. 257] be laid on the table. The minority report recommend several amendments to Mr. Beardsley's bill [S. 215] to provide for the letting of the public printing to the lowest responsible bidder.
Mr. Slater moved that these bills and reports be made the special order for ten o'clo'ck next Tuesday.
Mr. O'Brien said it was important that a bill on this subject be passed at once.
Mr. Slater changed the time to half-past ten o'clock to-morrow.
This motion was agreed to.
Mr. Dittemore, from the same Committee, returned the bill [S. 225] to regulate the prices to be paid for public printing, the election of a printer, etc., with a report recommending its indefinite postponement.
The report was concurred in.
Mr. Rhodes, from the Committee on Fees and Salaries, returned sundry bills on the subject of fees and salaries, reporting a substitute for ail such bills.
On motion of Mr. Dittemore, without reading, it was laid on the table, and 300 copies ordered printed.
Mr. Sleeth, from the Committee on Claims, returned Mr. Gregg's bill [S. 224] for the relief of Nicholas Moreback, Francis E. Weltzer, and another, with a favorable report.
Mr. Orr, from the Committee on Counties and Townships Business, returned Mr. Bunyan'sbill [S. 269] allowing County Commissioners to reimburse marshals and constables for certain expenses incurred, with a recommendation that it lie on the table.
These reports were concurred in.
RESOLUTIONS.
Mr. Bunyan offered a resolution to change the hour of daily meeting from ten to nine o'clock A.M.,
It lies on the table one day under the rules.
Mr. Banyan gave notice of his intention to call it up to-morrow.
Mr. Collett offered a resolution directing the Attorney General to report his opinion as te whether a woman is eligible to the office of State Librarian. Adopted.
Mr. Rhodes offered a concurrent resolution, requesting Indiana Congressmen to urge the passage of a law regulating railroad tariff.
Mr. Harney understood that Congress has no power to legislate in this way, and was opposed to anything looking to the enlargement of Federal authority in this direction.
Mr. Rhodes knew the people of the West are very much agitated on the subject of railroad freights, and he regarded it as a matter proper for Congressional interference.
Mr. Scott thought the resolution should not be passed in the present form. The State is capable of regulating domestic traffic without the interference of Congress. He moved the reference of the resolution to the Committee on Railroads.
Mr. Harney believed Congressional interference, even if it should be had, would be decidedly against the West. Agreed to.
NEW PROPOSITIONS.
Mr. Dittemore introduced a bill [S. 290] for an act to suspend the provisions of the act establishing a reformatory institution for girls and women, and to use that institution for the care of the insane of this State, to be under the care of the present officers of the Insane Asylum. It was referred to the Judiciary Committee.
Mr. Orr introduced a bill [S. 291] to amend section 4 of the felony act of June 10, 1852, so as to punish not only the negro but the white person who may intermarry with another having one-sixth part or more negro blood.
Mr. Wadge moved that the bill be rejected.
The motion was not agreed to by yeas 14, nays 25, as follows:
Yeas - Messrs. Beeson, Bunyan, Gooding, Haworth, Howard, Hubbard, Neff, O'Brien, Rhodes, Scott, Steele, Taylor, Thompson and Wadge - 14.
Nays - Messrs. Armstrong, Bird, Boone, Bowman, Carnahan, Cave, Chapman, Collett, Dittemore, Dwiggins, Fuller, Francisco, Friedley of Scott, Friedley of Lawrence, Gregg, Harney, Hough, Miller, Orr, Bingo, Sarnighausen, Slater, Sleeth, Stroud and Williams - 25.
Mr. Rhodes, on behalf of the Committee on Fees and Salaries, presented the substitute bill reported this morning [S. 292], regulating the fees of officers, and providing penalties for its violation, repealing certain acts therein named, and declaring an emergency.
The Lieutenant Governor hoped some Senator would make a motion that the reading would be dispensed with (it being a long bill).
On motion by Mr. Dwiggins, the constitutional restriction was dispensed with - yeas 41, nays 2 and the bill was read by title only.
Mr. Wadge introduced a bill [S. 293], supplemental to the act of February 21, 1855, fixing the duties and prescribing the compensation, of the Attorney General of the State. He shall reside in Indianapolis and receive a compensation of $3,000 per annum and a docket fee of $10. with commission of twenty per cent. on certain monies collected, and prescribing his duties and repealing the act of June 3,1861.
Mr. Sarnighausen introduced a bill [S. 294] to amend sections 1 and 159 and 257 of the uniform assessment of property act, approved December 21, 1872.
Mr. S. said this bill was prepared by Mr. Shoemaker, the author of the act proposed to be amended, and points out the means by which banks may be compelled to pay their taxes, etc.
It was referred to the Committee on Finance.
Mr. Gooding introduced a bill [S. 295] to amend sections two, twelve, and fourteen of the act of last session, authorizing border counties to aid in the construction of railroads and bridges opposite, which was referred to the Judiciary Committee.
Mr. Dwiggins introduced a bill [S. 296] requiring railroad companies to pay an equal amount of cost for keeping crossings in repair where two railroads cross each other. It was referred to the Committee on Railroads.
Mr. Hough introduced a bill [S. 297] making it unlawful to allow minors to come in to or loaf about any place where intoxicating liquors of any kind are kept for sale to be drank.
Mr. Hough introduced a bill [S. 298] to amend section 186 of the civil practice act of June 18, 1852.
Mr. Thompson introduced a bill [S. 299] providing for the distribution of sales of school house property where the district is annexed to cities of 30,000 inhabitants and over. It was referred to the Committee on Corporations.
Mr. Harney introduced a bill [S. 300] for an act authorizing Boards of County Commissioners to make an allowance of money to organized draining companies.
Recess.
AFTERNOON SESSION.
The Lieutenant Governor took the chair at two o'clock.
Mr. Steele introduced a bill [S. 301] for an act providing for the incorporation of companies page: 146[View Page 146] organized for the purpose of constructing or owning railroad bridges or bridges over streams in this State. It was referred to the Judiciary Committee.
On motion by Mr. Hall, the bill [H. R. 361] fixing the time of holding courts in the Second Judicial District, which failed to pass the other day, was taken up, an emergency clause was added, and the bill was finally passed by yeas 33, nays 3.
Mr. Dwiggins introduced a bill [S. 302] to make general indexes of deeds and mortgages evidence in certain casts, which was referred to the Judiciary Committee.
Mr. Daggy introduced a bill [S. 303] defining certain felonies and prescribing penalties - any person attempting to exact money by anonymous communications shall be held to commit a felony, which was referred to the Judiciary Committee.
Mr. Dwiggins introduced a bill [S. 304] for au act to repeal section 37 of the act regulating the sale of swamp lands donated to the State of Indiana, which was referred to the Committee on Swamp Lands.
Mr. Sleeth introduced a bill [S. 305] tor an act to incorporate the trustees of any benevolent or religious society, and authorizing them to hold real estate, etc., which was referred to the Committee on Corporations.
Mr. Dwiggins introduced a bill [S. 306] for an act providing for the organization, of incorporated companies for the purpose of laying out and building towns or additions to towns in this State, which was referred to the Committee on Corporations.
Mr. Hall introduced a bill [S. 307] for an act amending an act of June 16, 1852, regarding estrays and articles adrift by the addition of a section concerning articles adrift taken up at unusual risk and otherwise, which was referred to the Committee on Rights and Privileges.
Mr. Dwiggins introduced a bill [S. 308] for an act to provide for the custody, care, appraisement and sale of all property belonging to the public school fund where no other provision is made by law, which was referred to the Committee on Education.
On motion by Mr. Dittemore, his county seat relocation bill [S. 148] was made the special order for half-past twelve o'clock to-morrow.
On motion by Mr. Scott, the Senate proceeded to the consideration of Senate bills on the second reading.
Mr. Smith's bill [S. 83] defining the offense of libel, making the same a misdemeanor, etc., was read the second time and ordered to be engrossed for the third reading.
Mr. Smith's bill [S. 90] to amend section 26 of the act of May 14, 1852, regulating descents and the apportionment of estates, was read the second time and ordered to be engrossed.
Mr. Thompson's bill [S. 61] to protect society from the dangerous consequences of setting at liberty persons who may have been acquitted of murder, was read the second time.
Mr. Glessner moved to amend the bill by appropriately inserting in the second section the words "and also at the time of the trial" he shall also be confined, etc., so that if the defendant be not insane at the time of the trial he shall not be punished with imprisonment for life for an act committed when he really was insane.
Mr. Dittemore moved to lay the amendment on the table.
Mr. O'Brien moved to lay both the bill and the amendment on the table.
The Lieutenant Governor stating the first question to be on laying the bill on the table -
It was not so ordered - yeas 10, nays 44.
The amendment was laid on the table.
The bill was then ordered to be engrossed for the third reading.
THE DIVORCE LAWS.
Mr. Orr's bill [S. 117] regulating the granting of divorces, was read the second time.
Mr. Dittemore moved to amend by inserting one year instead of three years, where the words "habitual drunkenness" occur. He regarded it as outrageous to compel a woman to live with an habitual drunkard for three years.
Mr. Sleeth moved to amend the amendment by making the time two years instead of one.
On motion by Mr. Slater, the amendment to the amendment was laid on the table.
Mr. Hall moved to lay the amendment on the table also.
The motion was rejected by yeas 18, nays 25.
Mr. Friedley of Lawrence, moved to refer the bill to the Judiciary Committee with instructions to report a new bill repealing the seventh clause in the present law.
Mr. Chapman moved to lay the amendment on the table. This motion was rejected by yeas 20, nays 22.
Mr. Dwiggins said it was well known that Indiana was a stench in the nostrils of everybody because of her divorce laws. Persons who come here to get a divorce should remain here two years at least, which should be proven by residents in the county where application for divorce is made. Now the affidavit known to be false even by the Judge himself is made by non residents, and divorces are obtained by perjury and falsehoods known to be so at the time. Persons from abroad should not be allowed to come here and impose on our courts.
Mr. Scott moved to add instructions to the Committee to strike out of the second section all after the word "illegitimate."
Mr. Friedley, of Lawrence, said this "bill would be open to the same objection urged against the present law, which, as a general thing, the people were satisfied with. He thought the people would be perfectly well satisfied with the present law if the omnibus section, as it is called, or seventh clause were stricken out.
Mr. Hough opposed the motion to refer, and declared the Senator for Lawrence county was mistaken in saying the people of the State were satisfied with the present divorce law. Mr. Scott withdrew his amendment.
Mr. Dwiggins demanded a division of the question; first on the motion to refer to the Judiciary Committee.
It was rejected by - yeas, 17; nays, 26.
Mr. Rhodes moved to amend Mr. Dittemore's amendment by inserting habitual drunkenness of either party, or the failure of the husband to make provision for his family, being the present statute.
It was agreed to upon a division - affirmative 27; negative not counted.
The amendment as amended was agreed to.
Mr. Dittemore now moved to strike out the word "freeholder" in section 7. Mr. Hall moved to lay this amendment on the table, which was agreed to.
Mr. Steele desired an amendment that the applicant shall file an affidavit that he has been a boni fide resident for the time prescribed by the law.
Mr. Scott renewed his amendment to strike out of the second section all after the word "illegitimate" - so the mother shall not bear the burden of the offspring. The party in the wrong should bear the burden. Such an amendment would be one of the strongest safeguards of this law. When the father knows he is acting wrongfully in marrying, this amendment would make the child inherit from the father.
Mr. Gooding moved an amendment to the amendment that the child shall inherit from the father, whether he knew he was in the wrong or not.
Mr. Hough objected to these amendments, because the children would stand before the world as illegitimate while inheriting from both father and mother.
Mr. Scott modified his amendment as a substitute for all amendments pending, so as to strike page: 147[View Page 147] out all after the words "to be," in the second line, and add the word "legitimate."
Mr. Hough opposed this amendment.
The substitute amendment was adopted.
Mr. Sleeth moved an amendment adding to section 7 that "the plaintiff with his petition shall file an affidavit stating where he has resided for two years past."
Mr. Dwiggins moved that the bill be engrossed, and upon that motion demanded the previous question.
The demand for the previous question was seconded by the Senate, and the main question was ordered.
The bill was ordered to be engrossed by yeas 28, nays, 14.
RIGHTS OF MARRIED WOMEN.
Mr. Hubbard's bill [S. 128] relative to the rights and powers of married women, was read the second time.
Mr. Daggy moved that the bill be indefinitely postponed.
Mr. Hubbard said that the bill was almost an exact copy of the law of Michigan since 1865, and contains a clause that there need be no intervention of a trustee in cases of deeds passing between husbands and wives. There it renders a married woman who has property, liable for general debts chargeable upon that property.
Mr. Daggy opposed so great an innovation on the law of the country. This bill would authorize married women to go out and trade as they please. The title should be "to create and keep up confusion in households."
The motion to indefinitely postpone was agreed to by yeas 21, nays 21, the Lieutenant Governor casting his first vote - making the yeas 22.
Mr. Smith's bill [S. 189] to amend section 648 of the civil practice act of June 18,1852, was read the second time and ordered engrossed.
Mr. Hall's bill [S. 130] to establish a sanitarium was read the second time.
Mr. Hall proposed a new section authorizing the receipt of donations.
Mr. Steele moved that the bill and pending amendments be indefinitely postponed.
Mr. Hall said Massachusetts has two sanitariums, and is building a third. New York has four. They take a poor drunken sot out of the gutter and make a man out of him.
Mr. Steele made the motion because all the money the State can spare will be needed for the support of benevolent institutions already established. He thought we had better go a little slow.
Mr. Thompson thought this bill deserved more attention, for he believed there never was a more popular proposition in the towns and cities than this.
Mr.Orr heartily agreed with the statement that the State was now called upon for more appropriations than the Treasury can stand, and he would rather see the bill laid on the table.
Mr. Slater demanded the previous question. The demand was seconded.
The main question was ordered by the Senate, and under the operations of the previous question,The motion to indefinitely postpone the bill and amendment was agreed to.
And then the Senate adjourned till ten o'clock to-morrow morning.
