THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, February 18, 1873 1872MORNING SESSION.
The Lieutenant-Governor took took the chair, and announced prayers by the Rev. Cyrus T. Nutt, President of the State University.
PETITIONS AND MEMORIALS.
Mr. Hough presented a petition from about 890 citizens of Hancock county, in favor of a temperance law.
Mr. Friedley of Lawrence, presented two petitions on the same subject, from citizens of Monroe county.
Mr. Hall presented a petition from citizens of Jeffersonville in favor of the House temperance bill.
Mr. Beeson presented a temperance petition.
Mr. Armstrong presented a similar petition signed by 300 citizens of Democrat township, Clinton county.
Mr. Friedley, of Lawrence, presented a remonstrance from the attorneys of his county against the passage of the Third Judicial court bill.
Mr. Friedley of Scott, presented a petition on the subject of temperance.
Mr. Orr presented a number of claims of the Burson contested election case of 1871.
These petitions were referred to the appropriate commitees, without reading, except the one introduced by Mr. Hall.
REPORTS FROM COMMITTEES.
Mr. Boone, from the Judiciary Committee, returned the bill [S. 233] to enable cities to aid manufacturing companies, with a recommendation that it lie on the table.
He also returned the bill [H R 114] to amend sec. 1 of the mill race way act of March 1, 1853, with amendments.
Mr. Beeson, from the Committee on Temperance, returned the bill [H R 50] to amend sec. 6 of the dog law, with favorable report thereon.
Mr. Hall, from the Committee on Rights and Privileges, returned the bill [H R 225] to amend sec. 2 of the wild game law of March 11,1867, with an amendment that the word "February" be substituted for the word "March"so that the time for destroying birds shall remain as now fixed by law.
Mr. Beardsley, from the same committee, returned the bill [S 246] for the suppression of the trade in obscene literature, with amendments. These reports were concurred in.
Mr. Hough, from the same committee, returned Mr. Harney's bill [S. 300] authorizing County Commissioners to aid drainage companies, with a recommendation that it lie on the table.
Mr. Harney explained that he believed the bill would have a special application to his county only, and he recited the circumstances. He moved to recommit the bill and report to the Judiciary Committee. The motion was agreed to.
Mr. O'Brien from the Committee on Rights returned the bill [s-247] with a recommendation that the bill be indefinitely postponed.
This report was concurred in.
ATTORNEY'S FEES IN NOTES.
He also returned the bill [S. 241] declaring all agreements to pay Attorneys fees in notes and written agreements, as illegal, with the same recommendation.
Mr. Harney said the bill is to meet a state of affairs recently grown up, which does great injury and which is founded upon a proposition that no man can go into court withoutan understanding that an attorney must be paid by the victim. It is simply usury, it is not founded upon equality, and can do no public good. It has grown up by custom and usage in contravention to law. You have the same right to say the maker of the note shall pay you five per cent in addition to the sum named. It is nothing but grinding usury.
Mr. Brown favored the passage of the bill being opposed to the principle that the borrower shall pay the expenses of the lender's litigation. It is a wrong and an injustice; and honest judges have invoked the Legislature to pass some such bill as this. He hoped the report of the Committee would not be concurred in.
Mr. Orr also opposed concurrence in the Committees report and favored the passage of the bill.
Mr. O'Brien. The bill belongs to a class of legislation that he is opposed to. The Committee are of opinion that it is not the business of the page: 174[View Page 174] Legislature to regulate contracts between men. Men will make foolish contracts, and they should fulfill their contracts; therefore, he hoped this bill and all bills of its class will fail to pass.
Mr. Steele, entered his protest against concurrence in this report. He thought it right to interpose obstacles to the making of improvident contracts. He characterized the Attorney fee clause as a decent way for stealing. This law should be stricken from the statute book.
Mr. Bunyan demanded the previous question, but there was no second.
The Senate refused to concur in the report of the Committee by yeas 17, nays 28.
Mr. O'Brien moved to refer the bill to the Judiciary Committee.
On motion of Mr. Slater this motion was laid on the table.
APPROPRIATIONS FOR SCHOOLS.
The Lieutenant Governor announced the special order being the bill [H. R. 5]6 appropriating money [$15,000 annually, additional to the amounts already appropriated,] to the State University at Bloomington. The bill was read the third time.
Mr. Scott demanded the previous question, the demand being seconded, by a majority of the Senate under its operations -
The bill passed by yeas 24, nays 9.
The Lieutenant Governor announced the other part of the special order for this hour, being Mr. Scott's bill [S. 163] appropriating $7,500 semi-annualiy in aid of the State normal school, and for indebtedness $3,200, and for current expenses not to exceed $2,000 annually. It was read the third time and passed by yeas 30, nays 14.
On motion by Mr. Dwiggins the vote indefinitely postponing his bill [S. 302] making indexes of deeds and mortgages prima facie evidences in courts where the records are destroyed, was reconsidered; he explaining that it would probably apply only in his county; and the bill was referred to the Committee on the Judiciary.
HOGS AT LARGE.
Mr. Orr, from the Committee on Counties and Townships' busines, returned the bill S. 234] to prevent hogs running at large, with an amendment allowing hogs with rings in their noses to run at large.
Mr. Fuller moved to indefinitely postpone the bill and the report of the committee.
Mr. Orr. moved to lay this motion on the table.
This motion was agreed to - yeas 22, nays 20.
Mr. Hall moved to lay the report of the committee on the table.
Mr. Fuller moved to lay the report and the bill on the table.
Mr. Rhodes demanded a division of the question - first on laying on the table the report of the committee.
The Senate refused to lay the report on the table yeas 18, nays 25.The Senate refused to lay the bill on the table yeas 14, nays 31.
Mr. O'Brien moved to amend the report of the committee by providing that owners of pigs known as "elm peelers" shall tie a knot in the pig's tails, to prevent their crawling through fences.
On motion of Mr. Glessner, it was laid on the table - yeas 35, nays 9.
On motion by Mr. Taylor, the amendment and the vote thereon were ordered to be omitted from the journal. He then desired to withdraw this motion, but Mr. Brown and other Senators objected.
Mr. Fuller moved to recommit the bill to the Committee on Rights and Privileges of the inhabitants of the State.
On motion by Mr. Glessner, this motion was laid on the table - yeas 27, nays 17.
Mr. Daggy demanded the previous question, pending which - Came the recess till two o'clock.
AFTERNOON SESSION.
The report of the committee on the bill, S. 234 was concurred in.
Mr. Rhodes, from the Committee on Fees and Salaries, returned the several Senate bills in relation to fees and salaries, and recommended as a substitute therefor the bill S. 292.
The report was concurred in.
Mr. Glessner, from the select committee thereon, returned the bill [S. 238] to divide the State into circuits for judicial purposes; to abolish the courts of the common pleas, etc, with amendments substituting new matter for the districts and the terms of the courts.
The districts are re-arranged so as to make thirty-nine instead of thirty-seven, as follows:
- Section 1. Be it enacted by the General Assembly of the State of Indiana, that the State for judicial purposes shall be divided into thirty-nine circuits, and shall be constituted and held as hereafter provided.
- Sec. 2. The counties of Vanderburgh, Perry and Crawford shall constitute the first circuit.
- Sec. 3. The counties of Warrick, Spencer and Posey shall constitute the second circuit.
- Sec. 4. The counties of Jackson, Harrison and Washington shall constitute the third circuit.
- Sec. 5. The counties of Floyd and Clarke shall constitute the fourth circuit.
- Sec. 6. The counties of Jefferson and Scott shall constitute the fifth circuit.
- Sec. 7. The counties of Jennings, Ripley and Switzerland shall constitute the sixth circuit.
- Sec. 8. The counties of Dearborn and Ohio shall constitute the seventh circuit.
- Sec. 9. The counties of Decatur, Fayette, Rush and Union shall constitute the eighth circuit.
- Sec. 10. The counties of Bartholomew and Brown shall constitute the ninth circuit.
- Sec. 11. The counties of Orange, Lawrence and Monroe shall constitute the tenth circuit.
- Sec. 12. The counties of Gibson, Pike and Dubois shall constitute the eleventh circuit.
- Sec. 13. The counties of Knox, Daviess and Martin, shall constitute the twelfth circuit.
- Sec. 14. The counties of Putnam, Clay and Hendricks shall constitute the thirteenth circuit.
- Sec. 15. The counties of Vigo and Sullivan shall constitute the fourteenth circuit.
- Sec. 16. The counties of Owen, Morgan and Greene shall constitute the fifteenth circuit.
- Sec. 17. The counties of Johnson and Shelby shall constitute the sixteenth circuit.
- Sec. 18. The counties of Wayne and Union shall constitute the seventeenth circuit.
- Sec. 19. The counties of Henry and Randolph shall constitute the eighteenth circuit.
- Sec. 20. The county of Marion shall constitute the nineteenth circuit.
- Sec. 21. The counties of Boone and Clinton shall constitute the twentieth circuit.
- Sec. 22. The counties of Warren, Vermillion and Fountain shall constitute the twenty-first circuit.
- Sec. 23. The counties of Montgomery and Parke shall constitute the twenty-second circuit.
- Sec. 24. The counties of Tippecanoe and White shall constitute the twenty-third circuit.
- Sec. 25. The counties of Hamilton and Tipton shall constitute the twenty-fourth circuit.
- Sec. 26. The counties of Delaware, Madison and Hancock shall constitute the twenty-fifth circuit.
- Sec. 27. The counties of Wells, Adams and Huntington shall constitute the twenty-sixth circuit.
- Sec. 28. The counties of Whitley and Wabash shall constitute the twenty-seventh circuit.
- Sec. 29. The counties of Grant, Blackford and Jay shall constitute the twenty-eighth circuit.
- Sec. 30. The counties of Cass and Carroll shall constitute the twenty-ninth circuit.
- Sec. 31. The counties of Benton, Jasper, New- page: 175[View Page 175] ton and Pulaski shall constitute the thirtieth circuit.Sec. 32. The counties of Lake, Porter and Starke shall constitute the thirty-first circuit.
- Sec. 33. The counties of Laporte and St. Joseph shall constitute the thirty-second circuit.
- Sec. 34. The counties of Marshall, Kosciusko and Fulton, shall constitute the thirty-third circuit.
- Sec. 35. The counties of Elkhart and Lagrange, shall constitute the thirty-fourth circuit.
- Sec. 36. The counties of Steuben, DeKalb and Noble, shall constitute the thirty-fifth circuit.
- Sec. 37. The counties of Miami and Howard shall constitute the thirty-sixth circuit.
- Sec. 38. The counties of Franklin and Decatur shall constitute the thirty-seventh circuit.
- Sec. 39. The county of Allen shall constitute the thirty-eighth circuit.
Mr. Williams desired to amend by making Knox and Gibson to constitute the Eleventh District, and Davies, Martin, Pike and Dubois to constitute the Twelfth District.
On motion by Mr. Glessner the report and bill were made the special order for to-morrow at half-past two o'clock.
Mr. Williams offered a resolution instructing the Committee on Finance to inquire whether clerks of the Supreme Courts have paid in all docket fees.
Mr. Gooding, from the select committee thereon, returned the bill [H. R.71] with amendments. On his motion the vote by which this bill passed the Ben ate was reconsidered. It is a bill providing for building bridges across the Ohio river. He moved to amend the bill by appropriately inserting the words, "and any city incorporated by special charter," and inserting the word, "public," etc., in accordance with the recommendation of the committee.
The Lieutenant Governor understood that there has been no communication from the Governor returning this bill in compliance with the resolution of the Senate, and therefore it is in possession of the Senate.
The Joint Committee on Enrolled Bills now made a report returning the bill [H. R. 71] to the Senate.
On motion by Mr. Brown, the vote of the Senate passing the bill was reconsidered.
Mr. Gooding asked unanimoffs consent to amend the bill in accordance with the recommendations of the Select Committee.
On motion by Mr. Taylor, the bill was recommitted to the Special Committee.
Mr. Bird introduced a joint resolution instructing our Congressmen to use all proper means to secure the establishment of a United States District Court for Northern Indiana at Fort Wayne, and a distributing Post office in that city.
It was referred to the Judiciary Committee.
PETITIONS.
Mr. Glessner presented a petition from Shelby county in favor of a a temperance law.
Mr. Sleeth presented a petition signed by about four hundred names, twenty-five feet long, on the same subject.
Mr. Slater presented a petition on the same subject from Morgan county.
They were referred to the Committee on Temperance without reading.
On motion by Mr. Steele, the Senate proceeded to consider bills from the House of Representatives on the third reading.
The bill [H. B. 213] defining cruelty to animals, defining it as misdemeanor, and prescribing punishment therefor - fine in any sum not exceeding $100, was read the third time and passed the Senate by yeas 37, nays 0.
The bill [H. R. 200] to authorize and empower Boards of County Commissioners to equalize local county bounty to soldiers, etc., was read the third time.
Mr. Steele supposed it would affect no county in the State but Delaware.
The bill passed by yeas 42, nays 0.
The bill [H. R. 188] to amend section 433 of the civil practice act of June 18, 1852concerning Sheriff's executions - was read the third time and passed by yeas 38, nays 0.
The bill [H. R. 6] creating the Indiana Centennial Association, was read the third time with the amendments made by the Committee heretofore adopted by the Senate, reducing the sum appropriated to $1,000 annually.
On motion by Mr. Bunyan, and by unanimous consent, the bill was further amended by substituting the "26th of March" for the "23d of February."
At the suggestion of the Lieutenant Governor, the bill was recommitted to the Committee on Federal Relations with instructions to amend the bill in accordance with their report heretofore concurred in.
The bill (H. R. 7] providing that justices of the peace shall have exclusive original jurisdiction in all cases of misdemeanors where the fine does not exceed twenty-five dollars, was read the third time.
On motion by Mr. Gregg, an enacting clause was inserted in tho proper place.
Mr. Williams moved to recommit the bill with instructions to perfect it.
Mr. Banyan moved to indefinitely postpone the bill.
Mr. Sleeth was satisfied that this bill in its present shape should not pass, as it will take away criminal jurisdiction of this character from mayors of cities.
Mr. Gregg thought the Senator from Rush [Mr. Sleeth] is mistaken, as mayors of cities have the same jurisdiction as justices of the peace. He insisted that such a bill should pass in order that this class of small misdemeanors may be taken out of the Circuit and Common Pleas Courts.
Mr. Brown, by reference to the report of the judiciary Committee, discovered that this bill was laid on the table by concurrence in the report.
The Lieutenant Governor then said there is no question before the Senate, as the bill is on the table. But he put the pending motion and
The bill was indefinitely postponed by yeas, 36; nays, 7.
The bill [H. R. 118] making parties competent witnesses in matters by an executor or administrator on contracts assigned to the decedent where the assignor is alive, was read the third time, and finally passed the Senate, by - yeas, 41; nays, 2.
The bill [H. R. 218] to amend section 208 of the civil practice act of June 28, 1852in reference to changes of venue - was read the third time.
Mr. Daggy moved to recommit the bill to the Judiciary Committee, with instructions to amend by adding these words: "Unless the same cause for change exists in the county to which such change was granted as existed in the county from which such change was taken."Mr. Brown opposed the motion to recommit, and moved to lay it on the table.
The latter motion was rejected, by - yeas, 21; nays, 22.
Mr. Brown thought this amendment was intended to apply to some case or class of cases. Where is the end to changes of venue if this amendment be agreed to?
Mr. Daggy desired to reach a large class of mining cases that are in the western part of the State. He regarded the amendment as right and proper, and would like the judgment of the committee on it.
Mr. Dwiggins opposed the proposed amendment.
Mr. O'Brien hoped this bill would not pass, in any shape. This amendment would allow a party to swear a prejudice and obtain a change of venue to any county in the State, and there is no discretion with the court in civil cases.
Mr. Rhodes thought this provision would be used by railroads and other parties for the pur- page: 176[View Page 176]pose of delay. He would not vote for a law that will give parties this chance for causing delay.
Mr. Slater moved that the bill be indefinitely postponed.
The motion was agreed to by yeas 29, nays 12.
Mr. Dwiggins moved to reconsider the vote just taken.
Mr. Brown moved to lay this motion on the table.
The latter motion was agreed to - yeas, 22; nays, 21.
The bill [H. R. 137] to amend section 103 of the criminal practice act of June 17, 1852, relating to the order of pleading, giving the State the right to open and close, was read the third time.
Mr. Steele knew of no good reason for a change in the present practice giving the defendant the closing argument. A majority of the Judiciary Committee were opposed to the bill as it now stands. He moved to lay the bill on the table.
The motion was rejected by yeas, 17; nays, 24.
Mr. Friedley, of Lawrence,moved to indefinitely postpone the bill. The State now generally has the close in the charge of the judge to the jury, and he was not willing to give her two closing arguments.
Mr. O'Brien saw no reason why the State, being the plaintiff in every criminal prosecution, should not have the closing argument; because her case has to be made out beyond any reasonable possibility of doubt. The idea that a judge shall argue the case is a new one to him. Criminals go unpunished because of the crippled condition in which the State goes into court. He favored the passage of the bill and opposed indefinite postponement.
Mr. Boone also opposed the indefinite postponement.
Mr. Glessner spoke against the passage of the bill, and thought the pending motion should be agreed to.
Mr. Harney and Mr. Brown favored the passage of the bill.
Mr. Gregg. Mr. Friedley, of Lawrence, and Mr. Steele, argued for the pending motion, their remarks will appear in the Brevier Legislative Reports.Mr. Slater demanded the previous question, and there being a second by a majority of the Senate -
The motion to indefinitely postpone the bill was rejected - yeas, 12; nays, 27.
Mr. O'Brien moved for the passage of the bill, and on that motion demanded the previous question. There was no second.
The bill finally passed the Senate byyeas, 30; nays, 13.
Mr. Friedley, of Lawrence, suggested an amendment to the title, viz: "An act for the organization in the State of Indiana of courts to convict."
The Senate then adjourned under the rules till half past nine o'clock to-morrow.
