THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, Feb. 12, 1873, ten o'clock A.M.The Lieutenant Governor took the chair, and announced prayers by the Rev. I. C. Smith, of the M. E. Church.
On motion by Mr. Scott, the order of business was suspended, and Senate bills on the second reading were taken up.
Mr. O'Brien's bill [S. 229] to legalize the acts of the Trustees of the town of Cicero, in Hamilton county, was read the second time.
Mr. Boone moved that the bill and remonstrance be referred to the Judiciary Committee.
Mr. Dwiggins having been requested to do so, (as Mr. O'Brien has been an attorney in the case) made a statement of the matter favorable to the passage or the bill.
The motion to refer was agreed to.
Mr. Beeson's bill [S. 195] defining misdemeanor and prescribing a penalty therefor - to enforce the law of May 31, 1852, was read the second time.
Mr. Steele moved to indefinitely postpone the bill.
Mr. Beeson explained that where county commissioners of any county passed an order in relation to the running at large of certain classes of stock, this bill would make transgressors liable to the penalties following misdemeanor.
Mr. Glessner and Mr. Orr favored the passage of the bill, believing it could not work a hardship in any portion of the State.
Mr. Sleeth opposed resorting to a criminal statute in this case, as there was ample civil remedy now. To make it a crime for a poor man's animal - one who has no land - to run at largehe would not vote for such a bill.
Mr. Rhodes suggested difficulties in enforcing the provisions of this bill - pending which -
PUBLIC PRINTING.
The Lieutenant Governor announced the special order,being the consideration of Mr. O'Brien's State Printing and Binding bill [S. 257] with the majority and minority reports thereon - the latter recommending the passage of Mr. Beardsley 's bill [S. 245] to let the printing to the lowest bidder, with sundry amendments. The question being on concurring in the report of the minority-
Mr. Friedley, of Lawrence, moved to refer the bill and reports thereon to the Judiciary Committee.
Mr. Glessner was of opinion that the Senate should decide which system shall be adopted, before the matter is referred to a committee.
Mr. O'Brien, Chairman of the Committee on Printing, said this matter has been before his committee since the commencement of the special session, and it was known that the State has been largely swindled in the matter of the public printing, for that is a matter of public record in the courts of justice. In the examination of the subject he found that the State has been swindled by raised vouchers, and there is a suspicion that the State has been swindled by false affidavitsthough he believed the courts acquitted the accused of the charge; and the State has been swindled in the measurement of the amount of printing done, and been swindled by parties getting orders for printing through here, which was done at the expense of the State with the State's material, which is as useless as dirt, and which has cost the State thousands of dollars. He referred to the Adjutant General's report which cost the State some eighty-odd thousand dollars. The Auditor of State, in his last report, says that the State has been swindled out of $150,000enough to buy any three printing offices in the State of Indiana. The State Auditor might have increased that amount $150,000 more and it would probably be nearer the truth. Mr. O'Brien thought the State in the last ten years has been swindled out of $300,000 in the item of printing alone. This thing occurs in various ways, and one of the ways is by a collusion between printers and stationers in the purchase of material, by which twice and three times, and he thought as much as twelve prices has been paid by the State. Then in the matter of stationery for the General Assembly, the last Legislature cost the State $17,000, and the special session footed up about $12,000 in addition for the single item of stationery. Then the contracts for repairing public buildings no one knows anything about. The State has been saved some $8,000 or $10,000 recently by the vigilance of some State officer. The State Auditor reports that the public printing; for the past ten years has cost some $455,000, and page: 152[View Page 152] adding the cost of printing the Adjutant General's report to this sum,would run that item up to over $530,000, which makes this item of printing cost the State $53,000 per annum.
Mr. Hall moved to refer both bills and reports to the Judiciary Committee with instructions to report a bill providing that the State printing shall be let to the lowest responsible bidder.
Mr. Slater thought no better plan can be devised than that recommended by the majority of the Committee on Printing.
On motion by Mr. O'Brien the motion to refer the Judiciary Committee with instructions, was laid on the table - yeas, 13; nays, 31.Then come the recess till two o'clock.
AFTERNOON SESSION.
The Lieutenant Governor took his place and stated the question to be on Mr. Hall's motion to refer the public printing bills to the Judiciary Committee with instructions to report a bill providing that the State printing shall be let to the lowest responsible bidder.
[The county-seat, re-location bill S. 148, the special order for this hour being passed over] -
[On motion by Mr. Hubhard the bill [H. R. 138] was referred to the Committee on Corporations, with instructions to strike out from the enacting clause and insert the bill S. 15 in lieu.]
At Mr. Taylor's suggestion Mr. Hall modified his motion so as to substitute the Committee on Printing for the Committee on the Judiciary.
Mr. O'Brien moved to change the instructions by authorizing the committee to bring in a bill regulating the Public Printing.
Mr. Scott thought it best for the Senate to choose between a State printing establishment and letting the public printing to the lowest bidder, before referring the subject to a committee.
On motion by Mr. Williams, the motion [Mr. O'Brien's] was laid on the table by yeas 26, nays 14.
Mr. O'Brien protested against the motion now pending, assigning as a reason that the committee has done its best, and has reported to the Senate that its judgment
Mr. Slater intimated that the committee were a unit on either till the Senate may select.
Mr. Hough could see no use in re-committing this matter. Let the Senate concur now in either the majority or the minority report. As a member of the Committee on Printing, he hoped the Senate would choose between the two bills, because they reflect the views of the committee on the two systems proposed therein.
On motion by Mr. Dittemore, the motion to recommit with instructions was laid on the table.
Mr. Friedley, of Lawrence, cautioned the Senate against hasty legislation, shaped his motion to refer to the Judiciary Committee.
He changed the reference at the suggestion of Mr. Scott to the Committee on Printing, and then, at the suggestion of Mr. Williams, he withdrew his motion to refer that a vote may be taken at once on the minority report.
The minority report was concurred in by yeas 31, nays 13, as follows:
Yeas - Messrs. Armstrong, Beardsley, Beeson, Beggs, Boone, Bowman, Bunyan, Carnahan, Cave, Daugherty, Dwiggins, Fuller, Francisco, Friedley of Scott, Friedley of Lawrence, Glessner, Gooding, Gregg, Hall, Hartley, Hubbard, Miller, Neff, Oliver, Orr, Ringo, Scott, Stroud, Taylor, Thompson, Williams - 31.
Nays - Messrs. Bird, Collett, Dittemore, Haworth, Hough, Howard, O'Brien, Rhodes, Sarnighausen, Slater, Sleeth, Steele, Wadge. - 13.
Mr. Gooding moved that the report and bill be recommitted.
Mr. Steele moved to substitute a bill introduced into the House of Representatives, and numbered 290, as an amendment to the bill S. 245, by striking out after the enacting clause.
The amendment being declared out of order by the Chair -
Mr. Dwiggins moved to instruct the committee to report a bill as proposed by Mr. Steele's amendment.
On motion by Mr. Dittemore, this motion was laid on the table.
Mr. Gooding withdrew his motion to recommit, in order to accommodate Mr. Steele.
Mr. Steele moved to refer the bill to the committee, with instructions to report his proposed amendment as a substitute for the bill.On motion by Mr. Hall, this motion was laid on the table.
Mr. Gooding's motion to refer the bill [S. 245] for letting the public printing to lowest bidder, to the Committee on Printing, with instructions to perfect it, was agreed to.
COUNTY SEATS.
Mr. Dittemore's relocation of county seats bill [S. 148] was now taken up, it having heretofore been read the second time.
Mr. Dittemore moved that the bill be ordered to be engrossed.
Mr. Hall moved to strike from the bill "two-thirds" and insert in lieu "sixty per cent."
Mr. Dwiggins moved to recommit the bill, with instructions to amend the bill by submitting the question to a vote of the people, and to perfect the bill. He believed the bill if passed as it now is would effectively prevent the removal of any county seat. The bill authorizes the removal by petition, while there is no fairer way of settling such a question than by a vote of the people.
Mr. Dittemore moved to lay the motion to recommit on the table.
The motion was agreed to by yeas 21, nays 19.
Mr. Hough moved to recommit to the special committee, with instructions to submit the question of relocation to the tax payers, requiring a two two-thirds affirmative vote.
On motion by Mr. Dittemore, the motion to recommit was also laid on the table upon a division of the Senate.
Mr. Bunyan moved to recommit with instructions to report amendments to repeal all laws now in force on the subject.
On motion by Mr. Dittemore, it was laid on the table.
Mr. Dwiggins moved to indefinitely postpone the bill.
On motion by Mr. Dittemore, this motion was also laid on the table, by yeas 30, nays 12.
Ordered engrossed for the third reading to-morrow.
SESSION HOURS.
Mr. Bunyan catted up his resolution of yesterday, changing the hour for the daily meeting of the Senate from ten to nine o'clock A. M.
Mr. Hall moved ineffectually - yeas 16, nays 27 to lay it on the table.
Mr. Hall moved to amend by inserting half-past nine instead of nine o'clock. The amendment was agreed to by yeas 23, nays 20.
The resolution as amended was adopted.
INDIANA INSURANCE COMPANY.
Mr. Steele called up his motion to reconsider the vote by which the bill [S. 33] to amend the charter of the Indiana Fire and Marine Insuranse Company was passed. Mr. S. said the bill would extend the charter of that company for all time to come, and gave other reasons why such a bill should not be passed.
Mr. O'Brien also urged objections - understanding, among other things, that there was no personal liability clause in the charter.Mr. Hubbard was of opinion that no safe business can be done under the general insurance laws of this State, and he recollected no change from the old charter, except that this bill gives the company banking privileges, and the right page: 153[View Page 153] to transact life as well as fire insurance business.
Mr. Steele said the truth is, it is substantially a new charter.
Mr. Harney understood this bill to be galvanizing into life an old charter that had become obsolete, and he regarded such attempts as wrong.
Mr. Dittemore moved, ineffectually, to lay on the table the motion to reconsider p- yeas 14, nays 26.
The vote by which the bill was passed was reconsidered, by yeas 30, nays 10.
On motion of Mr. Hubbard, the bill was recommitted to the Judiciary Committee.
Mr. Steele's bill [S. 192] to amend section 5 of the property execution act of Feb. 17, 1852, was read the second time.
Mr. Steele explained the provision of his bill. Engrossed.
Mr. Daggy's bill [S. 203] to authorize the appointment of resident trustees to hold trust funds out of this State belonging to persons in this State, was read the second time. Ordered engrossed for the third reading.
ANIMALS AT LARGE.
Mr. Beeson called up the bill pending at the time the special order came up this morning, being his bill [S. 195] with reference to the running at large of animals. It was read the second time this morning.
Mr. Dwiggins moved to indefinitely postpone it.
Mr. Steele favored the motion, preferring objections to the bill.
Mr. Beeson was sure opponents to the bill misunderstood its provisions and intentions. He had seen unruly animals running at large to the terror of all passers by, and endangering the lives of people in the neighborhood, which animals, under this bill, the owner would have to restrain. It is a measure appealing to the good judgment of all, and he hoped it would pass.
Mr. Hubbard had not been importuned more upon any other question, except the Kankakee Valley drainage matter, and he believed public sentiment was ready for this step.
Mr. O'Brien opposed making any more crimes than are absolutely necessary. There is now a statute making it a criminal offense to allow the running at large of a dangerous animal, and this bill should be defeated.
Mr. Glessner thought it would be better to enact more criminal statutes than we have. This is an important bill, and it need not work hardships in any county.
Mr. Dwiggins believed the workings of this bill, if enacted into a law, would prove a serious inconvenience in many counties in the State. He objected to the principle of enforcing civil remedies by criminal process.
Mr. Bunyan demanded the previous question, and there being a second -
The motion to indefinitely postpone the bill was rejected by yeas, 18; nays, 24.
On motion by Mr. Armstrong, the emergency clause was stricken out.
Mr. Dwiggins moved to amend the bill so as to prohibit dangerous animals from running at large.
Mr. Glessner moved to lay it on the table.
Mr. Fuller moved to lay the whole subject on the table.
The latter motion rejected by yeas 17, nays 25.
The amendment was also laid on the table by yeas 22, nays 19.
Mr. Hubbard demanded the previous question on the engrossment of the bill.
The Senate seconded the demand. Ordered engrossed by yeas 23, nays 17.
Mr. Beardsley's bill [S. 219] to provide for the construction and maintenance of fish ladders, was read the second time.
On motion by Mr. Sarnighausen "the counties of St. Joseph and Elkhart were added in the proper place. Ordered engrossed.
The President pro tem. submitted a communication from the Attorney General in answer to a resolution of the Senate, expressing his opinion that the passage of the bill [H. R. 379] would legalize and make valid Mrs. Oren's election as State Librarian. It is as follows:
INDIANAPOLIS, INDIANA February 12,1873.
Hon. Leonidas Sexton, President of the Senate:
SIR: In answer to a resolution of the Senate, a copy of which is hereto attached, I have the honor to state that my opinion is we have no Constitutional proviso prohibiting "an unmarried female," from holding the office of State Librarian, it being an office created by Legislative enactments.
We have what may be termed political common law fixed by immemorial usage which might prohibit a female from holding such office. This prohibition may be removed by Legislative enactment. The bill now pending being House Bill No. 379, will legalize and make valid the election of Mrs. Sarah E. Oren.
J. C. DENNY, Attorney General.
Mr. Daggy's bill [S. 222] making it unlawful for minors to congregate at or about billiard tables in public places, was read the second time. The amendments were adopted, and the bill ordered engrossed.
Mr. Neff's bill [S. 174] defining certain misdemeanors and prescribing punishment therefore, for the protection of agricultural fair property, was read the second time.
Hr. Hubbard's bill [S. 185] to authorize circuit and common pleas judges to grant injunctions in actions in adjoining districts in certain cases, was read the second time, and ordered engrossed.
Mr. Carnahan's bill [S. 202] to amend sections seven and nine of the common school law, was read the second time.
Mr. Carnahan stated the only change from the present law was as to the time when the township trustees make their report to the county commissioners. Bill ordered engrossed for the third reading.
And then the Senate adjourned till nine and a half o'clock to-morrow morning under the rule adopted to-day.
