THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
THURSDAY, February 13, 1873 1872 .The Lieutenant Governor announced prayers by the Rev. Mr. James Rudder, a Representative from the county of Washington, and a minister of the Christian Church.
Mr. Sarnighausen offered a resolution requesting committees to recite the reasons for their reports.
On motion of Mr. Dittemore it was laid on the table.
Mr. Collett presented temperance petitions from Pike county, which were referred to the Committee on Temperance.
Mr. Taylor and Mr. Sarnighausen presented similar petitions, which took the same course.
On motion of Mr. Dittemore, the Senate proceeded to the consideration of Senate bills on the third reading.
Mr. Haworth's bill [S. 64] for the collection and publication of statistics - requiring the Secretary of State to establish a Bureau of Statistics for the collection of information concerning agriculture, mining, manufacturing, education, crime, and public statistics with reference to births, marriages, deaths, and other vital and social statistics - was read the third time.
Mr. Hall stated that the bill was introduced last session at the suggestion of Governor Baker. The one single item of forfeiture of bails will more than amply compensate the State in the amount that will be recovered by the State. The whose cost of the bill will fail short of $3,000 a year, and the amount of information it will bring to light for use in foreign countries will be almost invaluable.
Mr. Neff moved to recommit the bill with instructions to strike out the clause authorizing the Secretary of State to employ additional clerks.
Mr. Haworth opposed this motion, believing it would cripple the bill, the provisions of which he explained, urging reasons for its passage additional to those presented by Mr. Hall. The recent Governor, it was understood, had expended several hundred dollars out of his own pocket to obtain information that this bill would collect.
Mr. Collett spoke in favor of this measure, expressing the general desire that the progress of the State and her mineral wealth should be published to the world.
Mr. Neff disclaimed any desire to throw any obstacle in the passage of the bill, and therefore withdrew his motion.
Mr. Brown thought portions of the bill, which require a great of work and expense, would not redound to the credit of the State, but were of a private nature and referring to matters the publication of which are not desirable, especially at so great cost.
Bill passed - yeas, 28; nays, 16.
Mr. Gooding's bill [S. 160] to amend the charter of the Lawrenceburgh Insurance Company, was read the third time.
Mr. G. explained that the bill changed the name and place of choosing electors, and allowed the capital stock to be increased above $100,000.In answer to a query by Mr. Sleeth, Mr. Dittemore said that the charter has not been forfeited by non-user.
The bill passed the Senate by yeas 35, nays 8.Mr. Dwiggins' bill [S. 56] to amend sections 22 and 27 of the town incorporation act, coming up -
Mr. Dwiggins was willing to take Mr. Hough's bill [S. 49] on the same subject, and moved that his bill [S. 56] be laid on the table.
Mr. Scott's bill, [S. 162] to repeal an act repealing section 31 of an act concerning real property, approved May 6, 1869, and to authorize the records of deeds or transcripts thereof to be read in evidence in courts of justice, was read the third time.
Mr. Scott explained that this bill restored the thirty-first section referred to in the title.
Bill passed the Senate, yeas 40, nays 0.
Mr. Collett's bill, [S. 95] to prevent the carrying of concealed weapons, was read the third time.
Mr. Collett explained that this bill includes a number of deadly weapons not now enumerated in the statutes. Judges say that most murders are committed because of the carrying of concealed deadly weapons, and this bill is intended to stop the growing evil.
Bill passed the Senate, yeas 36, nays 6.
Mr. Dwiggins' bill, [S. 116] to amend sections 95, 96 and 97 of the act of June 17, 1852, in relation to the settlement of decedents' estates, and legali- page: 157[View Page 157] izing certain sales of real estate heretofore made by foreign administrators, was read the third time.
Mr. Dwiggins explained its provisions.
Bill passed the Senate, yeas 42, nays 1.
Mr. Taylor's bill, [S. 105] to authorize courts of common pleas to determine who the heirs, legatees or distributees of a decedent are, and to order a partial distribution of his estate prior to the final settlement of the estate, was read the third time.
The bill passed the Senate by yeas 42, nays 1.
Mr. Thompson's bill [S. 94] providing that in cities having incorporated homes for friendless women, all lines collected on account of and for the breach of any ordinance for the suppression of vice, shall be paid to the trustees of such homes for their maintenance and support, was read the third time.
Mr. Thompson explained his bill, and made appeals in behalf of its benevolent provisions.
The bill passed - yeas 43, nays 0.
Hr. Hough's bill [S. 49] to amend sections 22 and 58 of the town incorporation act, approved June 11, 1852, was read the third time and passed the Senate - yeas 37, nays 5.
The bill authorizes incorporated towns to exact a license fee of $100 a year from liquor sellers, and fifty dollars a year from keepers of public billiard tables.
Mr. Rhodes' bill [S. 127] in relation to collection of notes or contracts given in payment for patent rights, was read the third time.
Mr. Brown moved to recommit the bill to the Judiciary Committee, with instructions to strike out the second section.
Mr. Hubbard opposed the bill, urging reasons why such law should never go upon the statute book.
Mr. Dwiggins also spoke against this bill, agreeing with Mr. Hubbard that it was a blow against the entire commercial system of the Stale. The true theory of law is that where a man makes a contract he is bound by that contract.
Mr. Rhodes did not think his bill was such a terrible thing as Senators seem to think. He desired to so legislate as to protect the people against the patent right sharpers that are prowling about all over this State, and believed this bill would do so effectually. This is a bill in the interest of the people, and he hoped it would become a law. When he had concluded -
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
The Senate resumed the consideration of the bill S. 127 pending at the time of the recess.
Mr. Harney favored the passage of the bill as a means of stopping this class of villiany practiced by patent right vendors.
Mr. Boone understood that this kind of paper is not presented at the banks, and that this bill will not affect the character of true commercial paper, as some Senators seemed to fear.
Mr. Neff was satisfied that the people of the State need some protection of the kind proposed in this bill, and believed the people should have protection even if it struck down commercial paper. However, he was willing the bill should go to a committee for a perfection.
Mr. Gooding said the Judiciary Committee had carefully examined the bill and recommended its passage; and that committee could not further perfect the bill unless amendment were suggested by the Senate. He believed in striking at this gigantic fraud, and that the bill was well guarded.
On motion by Mr. Dittemore the motion to recommit was laid on the table. Yeas, 32; nays, 11.
Mr. Steele thought something should be done in this way to protect the people, especially those living remote from the centre of the State, from the stupendous swindling operations of patent right villains who are perambulating the country seeking whom, they may deceive. He believed there were half a million of such notes in circulation in Indiana. He would favor sending all such scoundrels to the penitentiary for a term of not less than two years.
Mr. Hough moved for and obtained consent to amend the bill by inserting a clause in these words: "or taken in the course of or under the pretense of establishing an agency for the sale of any agricultural or other implement."
The bill, as amended, passed the Senate by - yeas, 35; nays, 7.
Mr. Dougherty favoring the main idea in the bill, yet regretting negative vote because of clauses which strike at commercial paper generally.
Mr. Brown introduced a bill [S. 309] declaring the intent and meaning of the act of July 30, 1873, supplemental to the act authorizing county and township aid to railroads. It was referred to the Committee on Railroads.
Mr. Collett, from the joint select, committee thereon, introduced a bill [S. 310] for an act to provide for collecting agricultural, mineral and manufacturing productions of Indiana for the Vienna Exposition. [It authorizes the Governor to appoint the State Geologist as Commissioner to the Vienna Exposition, and the bill appropriates $1,000 for expenses.]
Mr. Neff made an ineffectual motion to take up the temperance bill - yeas, 18; nays, 21 - as follows:
Yeas - Messrs. Armstrong, Beardsley, Bunyan, Daugherty, Dwiggins, Friedley of Scott, Hall, Haworth, Hough, Howard, Hubbard, Miller, Neff, Rhodes, Ringo, Scott and Taylor - 18.
Nays - Messrs. Bird, Boone, Bowman, Carnahan, Cave, Dittemore, Fuller, Francisco, Friedley of Lawrence, Gooding, Gregg, Harney, Oliver, Sarnighausen, Slater, Sleeth, Smith, Stroud, Thompson, Wadge and Williams - 21.
Mr. Bowman's bill [S. 155] to provide for the reimbursement of certain counties therein named moneys illegally paid into the State Treasury in the year 1869, was read the third time and passed the Senate by yeas 38, nays 3.
Mr. Rhodes' bill [S. 157] authorizing the purchase of stationery for the county officers of this State, or for the use of the common pleas, circuit, criminal, or superior courts of this State, was read the third time. [The stationery to be purchased only on the order of boards of commissioners and judges of courts, at the best possible terms.]
Mr. Dwiggins asked, but failed to obtain, unanimous consent to amend the bill by saving contracts already made.
Mr. Rhodes explained that county officers shall make out and swear to an itemized statement of the amount of stationery required, and after the purchase affidavit has to be made that it was bought on the best terms. The right of officers purchasing stationery now is much abused. In one county, in a bill of some $7,000, it is said that about $2,000 of that sum went into the pockets of the officers as commissions on the purchase. This stationery item is a large one in this State running up to from $125,000 to $175,000.
Mr. Neff had in his mind a county officer who gets a regular commission of twenty-five per cent from a house in this city, and other officers get presents from stationers of whom they purchase supplies for the county. This bill will not hurt honest officers.
Mr. Brown regarded this bill as an insult to every county officer, and he opposed its passage.
Mr. Dwiggins moved to recommit the bill with instructions to amend, by inserting a clause directing the publication of a condensed statement of the stationery purchased, once every quarter.
The motion was agreed to.
Mr. Williams' bill [S. 13] requiring railroad companies organized under any law of page: 158[View Page 158] this State to keep their principal office of business within this State and to have a majority of their board of directors resident within this State and along the line of the railroad, even though a railroad have been leased to an individual or foreign corporation, was read the third time.
Mr. Steele thought this bill ought not to pass, objecting particularly to the clause requiring the principal office to be kept in this State.
The bill failed to pass - yeas 19, nays 18.
Mr. Taylor's bill [S. 170] making an appropriation (of $60,000) to the Purdue University, was read the third time, and passed the Senate by yeas 26, nays 11.
PETITIONS AND MEMORIALS.
Messrs. Daugherty and Friedley of Lawrence, presented petitions in favor of the bill [H. R. 327] on the subject of temperance.
Mr. Steele presented a petition, signed by "1,001," praying for the passage of a law prohibiting the sale and use of intoxicating liquors.
Mr. Cave presented a petition from eighty-one ladies of Pike county in favor of a strict temperance law, requiring a majority petition of the voters of the neighborhood, and the seller to be responsible for damage done by the person drinking his liquor. He presented other petitions from the same county.
Messrs. Beardsley, Sarnighausen and Boone presented petitions in favor of suppressing the traffic in intoxicating liquors. These petitions were referred to the Committee on Temperance.
On motion by Mr. Beeson the bill [H. R. 327] to regulate the sale of intoxicating liquors, and to provide against evils resulting from any sale thereof, to furnish remedies for damages suffered in consequence of such sale, prescribing penalties, to repeal all laws contravening the provisions of this act, and declaring an emergency, was read the first time.
Mr. Dwiggins moved to refer the bill to the Committee on Temperance.
Mr. Brown moved to amend by referring the bill to a special committee of one from each Congressional District, believing the bill would have a better show and a larger representation of the people.
Mr. Steele moved to lay this amendment on the table.
Agreed to; yeas, 23; nays, 20.
The bill was then referred to the Committee on Temperance.
On motion by Mr. Scott, the University bill [H. R. 56] and the Normal School bill [S. 153] were made the special for Friday at half past ten o'clock A. M.
WORK FOR COMMITTEES.
On motion by Mr. Scott, the following described Senate bills were read by title for reference to committees:
Mr. Orr's bill [S. 291] to amend section 47 of the felony act was read by title and referred to the Judiciary Committee.
Mr. Scott's bill [S. 274] to amend the act of February 20, 1867, relating to mechanical and horticultural societies, was referred to theCommittee on Agriculture.
Mr. Gooding's bill [S. 275] with relation to the erection of United States custom houses was referred to the Committee on the Judiciary.
Mr. Thompson's bill [S. 276] repealing section 47 of the felony act of June 10, 1852, was referred to the Judiciary Committee.
Mr. Harney's bill [S. 300] authorizing counties to allow moneys to drainage companies.
Mr. Scott's bill [S. 277] extending jurisdiction of judges with relation to habeas corpus writs.
Mr. Gregg's bill [S. 279] with relation to the stoppage of railroad trains.
Mr. Scott's bill [S. 282] in relation to the organisation of county boards.
Mr. Stroud's bill [S. 283] authorizing agricultural societies to hold real estate.
Mr. Slater's bill [S. 288] relating to interest on moneys.
Mr. Steele's bill [S. 289] fixing the salaries of supreme judges.
Mr. Scott's bill [S. 285], concerning liens on buildings.
Mr. Hough's bill [S. 297], making it unlawful for minors to loaf about saloons, was referred to the Committee on Rights and Privileges.
Mr. Hough's bill [S. 298], to amend section 186 of the civil practice act, was referred to the Judiciary Committee.
Mr. Wadge presented a petition on the subject of temperance.
Mr. Taylor also presented a petition on the subject of temperance.
They were referred to the Committee on Temperance.
NEW PROPOSITIONS.
Mr. Collett introduced a bill [S. 311], for an act to amend the charter of the town of Clinton, which was read the first time.
Mr. Bird introduced a bill [S. 312], for an act to fix the salary of the Governor's Private Secretary$2,200 per annum - which was referred to the Judiciary Committee.
Mr. Dwiggins introduced a bill [S. 313], for an act to amend section 195 of the act to provide for the uniform assessment of property. It was read the first time and referred to the Committee on Printing.
Mr. Gooding introduced a bill [S. 314] for an act to fix the number of jurors necessary to find a verdict in civil cases. (Two-thirds of the jury may agree on a verdict.
Referred to the Judiciary Committee.
REPORTS FROM COMMITTEES.
Mr. Harney, from the Committee on Finance, returned Mr. Rhodes' bill [S. 249] supplemental to the assessment act of December 12, 1872, with a recommendation that it be indefinitely postponed.
Mr. Rhodes explained that the bill proposes to extend the time for making returns of apprais-ments for one month - to the first Monday in July. He hoped the report of the committee would not be concurred in.
The report was concurred in.
Mr. Harney also returned the bill [S. 294] to amend the same assessment act with an amend-ment.
Mr. Steele, from the Judiciary Committee, returned the bill [S. ] concerning the incorporation of bridge companies, with a favorable report thereon. Also the bill [S. 302] to make general indexes of deeds and mortgages evidence, with a recommendation that it lie on the table.
Mr. Gregg, from the same committee, returned the bill [S. 299] concerning the borrowing of money by cities of 40,000 inhabitants, with an amendment making it 30,000 instead of 40,000.
Mr. Scott moved to amend the report by making the number of inhabitants 15,000 instead of 30,000.
Mr. Slater made an ineffectual motion to strike out the number of population, so that the bill may apply to all cities.
The amendment (Mr. Scott's) was agreed to.
Mr. Slater made an ineffectual motion to indefinitely postpone the report of the bill.
The report of the committee, as amended, was concurred in.
Mr. Gooding, from the Judiciary Committee, returned the bill [S. 42] to repeal section 15 of the act concerning notes or instruments in writing, approved March 11, 1861, and to repeal the real property redemption act of June 4, 1861, with a recommendation that it lie on the table.
Mr. Boone, from the same committee, returned the bill [S. 295] to amend the act to enable bordering cities to aid railroads, etc., with a favorable report.
He also returned the bill [S. 303] defining certain felonies, with amendments.
page: 159[View Page 159]Mr. Armstrong, from the Committee on Education, returned the bill [S. 284] authorizing county treasurers to purchase Nowland's Reminiscenses for county libraries, with a recommendation that it lie on the table.
On motion by Mr. Daugherty, the vote concurring in the report of the Finance Committee, on the bill [S. 294] was reconsidered, and he presented a minority report amending the majority report by adding a clause to the committee's amendment to the bill that banks shall not be taxed for deposits.
Mr. Fuller favored the minority report.
Mr. Williams raised the question that the minority report is not in order.
The Senate sustained this point of order.
Mr. Taylor moved to refer the bill to the Committee on Finance.
Mr. Neff made an ineffectual motion to lay this motion on the table.
The motion to recommit was agreed to.
Mr. Glessner, by request, introduced a bill [S. 315,] providing for the issue and sale of bonds by townships to pay debts for, or to purchase ground or buildings, or for the erection of school buildings. It was referred to the Committee on Education.
Mr. Brown introduced a bill [S. 316] for an act to extend the time for the completion of certain railroads, and to legalize the acts of their directors. It was referred to the Committee on Railroads.
On motion by Mr. Harney, the bill, [S. 180], with the pending amendment, was taken from the table and referred to the Committee on Roads.
Mr. Boone introduced a bill [S. 317] to amend section 1 of an act of December 20, 1865, to enable railroads to alter their lines in certain cases.
The Senate then adjourned till half-past nine o'clock to-morrow morning.
