THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
WEDNESDAY, February 19, 1873.The Lieutenant Governor directed the reading of the minutes of yesterday's proceedings, but on motion of Mr. Steele it was dispensed with.
PETITIONS.
Mr. Beeson presented a number of temperance petitions.
Mr. Daugherty and Mr. Miller, Mr. Howard, Mr. Ringo, and Mr. Thompson, (with 1387 signers) presented similar petitions, which were severally referred to the committee without reading, except the last one.
REPORTS FROM COMMITTEES.
Mr. Steele, from the Judiciary Committee, returned Mr. Glessner's bill [S. 27] to legalize certain plank and gravel road corporations, with amendments. He also returned the bill [S. 302] to make general indexes of deeds and mortgages, valid testimony in certain cases, with amendments, so they shall have as much weight as the court and jury may deem they are entitled to.
Mr. Boone, from the same committee, returned Mr. Taylor's bill [S. 191] to enable securities to be released from an appeal bond, with amendments, inserting "after a new bond shall be given.
These reports were concurred in.
Mr. Beeson said the Committee on Temperance were ready to report, and he moved to make their report the special order for ten and a half o'clock this morning. As chairman of the committee he returned the new temperance bill [H. R. 327] with a recommendation that it pass without amendment.
The motion was agreed to and the report was concurred in.
Mr. Daggy, from the Judiciary Committee, returned the bill [S. 250] to suspend the act establishing the women and girls' reformatory, and that it be used for an insane hospital, with a recommendation that it be referred to a select committee of five, viz: Messrs. Thompson, Steele, Boone, Harney and Taylor.
On motion by Mr. Steele, Mr. Dittemore was substituted for himself on this committee.
The report was concurred in.
MEMORIALS AND REMONSTRANCES.
The Lieutenant Governor laid before the Senate, a communication from the Secretary of State enclosing a memorial from the National Board of Trade, praying for enactment of laws to prevent the circulation of spurious warehouse receipts; the issuing of scrip dividends, the watering of stock of companies, etc., etc. Referred to the Committee on Finance.
Mr. Rhodes presented a remonstrance from the Fountain County Bar against the abolishment of the common plea courts. It was laid on the table the bill having been reported to the Senate from the committee yesterday.
NEW PROPOSITIONS.
Mr. Winterbotham introduced a bill [S. 325] for an act to authorize the Governor of the State to exchange with Peter Donnelly certain lands therein described - so as to secure proper damage for the State Prison north. It was referred to the Committee on Prisons.
Mr. Beeson introduced a bill [S. 326) for an act to authorize cities and towns which have issued and sold bonds to erect school buildings to erect new bonds to redeem those past due, and unpaid. It was referred to the Committee on Corporations.
Mr. Smith introduced a bill [S. 327] for an act to limit the time for bringing an action of law or inequity brought upon any judgment recovered in any other State, to ten years. It was referred to the Judiciary Committee.
Mr. Dougherty introduced a bill [S. 328] for an act to authorize railroad companies to change their termini in certain cases. It was referred to the Committee on Railroads.
Mr. Carnahan introduced a bill [S. 329] for an act to amend the title of an act of June 15, 1852, concerning license to vend foreign merchandise, to exhibit caravans, etc. It was referred to the Judiciary Committee.
RAILROADS.
Mr. Dwiggins, from the Committee on Railroads, returned the bill [S. 309] declaratory of the true interest and meaning of the act of May 12, 1869, concerning county arid township aid to rail- page: 181[View Page 181]roads, with an amendment inserting new matter for the first section, so the bill shall not apply to any railroad whose line does not extend into more than two counties, etc., etc.
Mr. Scott moved to strike out the part of the amendment printed above.
Mr. Dwiggins resisted this motion to amend the report of the committee and recited the circumstances which influenced the committee in making the report. In answer to a question by Mr. Smith, he said this amendment was inserted so the provisions of the bill will affect but one road in the State, to wit: a road in Vigo and Sullivan counties.
Mr. Scott thought his amendment should be adopted, because there are other roads beside the one this bill is intended to apply to which should be entitled to the provisions of this bill.
Mr. Daugherty did not like the provisions of this bill because it proposes to affect but one road. He favored the amendment proposed, and moved to further amend the report by making it apply to all roads running east and west.
On motion by Mr. Smith, this motion to amend was laid on the table.
Mr. Brown sustained the committee report.
Mr. Daugherty desired only what is fair in this matter.
Mr. Harney favored the pending amendment, citing reasons why it should be incorporated in the bill. When he had concluded -
INTOXICATING LIQUORS.
The Lieutenant Governor announced the special order for this hour - being the favorable report of the Committee on Temperance, submitted this morning on the bill [H. R. 327] to regulate the sale of intoxicating liquors, etc.
Mr. Sarnighausen declared that no Senator would go for a just temperance bill more cheerfully than he, and that all laws, measures and efforts to prevent intoxication will always receive his most hearty support, but this bill is not such a measure. In his opinion it would be better to find out the reasons why the present law is not enforced than to attempt to legislate as this bill proposes. This bill provides a fine of not less than five dollars where liquor is sold to an intoxicated person. While Mr. Sarnighausen would say let such an one be fined not only five dollars or fifty dollars, but five hundred dollars, and if possible five thousand dollars, because the seller has helped to make a man a dog and a hog. He pointed out numerous objections to the passage of this bill.
The report of the committee now being read -
Mr. Friedley, of Lawrence, moved to refer the bill, together with the report from, the Committee on Temperance, to the Judiciary Committee, not wishing it to be understood that he was opposing the bill by making this motion, for he is probably as much of a friend to the cause of temperance, and will go as far to secure the passage of a just law for the suppression of intemperance as any Senator upon the floor. He believed there are some features in this bill that will not stand the test of the courts, and if it is passed, instead of having a law for the suppression of intemperance, we will be left without any law upon that subject. The temperance people of the State of Indiana are asking this Legislature for a law that can and will be enforced by the courts. This bill has not been examined either by the Judiciary Committee of the House nor of the Senate. It is a very important bill, and should receive a very strict and most careful exam!nation at the hands of the best lawyers of this body; and if it is defective, whatever its defects are they ought to be corrected, so that when a temperance bill is passed it will be such an one as is demanded by the temperance people of the State of Indiana.
Mr. Sleeth moved to amend the motion to refer by instructing the Judiciary Committee to report back the bill day after to-morrow.
Mr. Friedley, of Lawrence, accepted the amendment.
Mr. Sleeth believed that this bill would not suffer in the hands of the Judiciary Committee, for it is well known that a majority of that committee are friends of this bill, and every member of that committee are friendly to the cause of temperance. Just now, at the very time the courts of Ohio are striking down certain provisions of a law from which this bill is copied, a proper judgment would dictate a reference of this bill to the law committee of the Senate.
Mr. Dwiggins contended that this bill could not be amended by the Judiciary Committee in any way to make it better.
Mr. Brown cautioned the friends of this bill to make haste very slowly. If it is one that can be sustained by the laws and constitution of his country, he should vote for it gladly, because some legislation should be had on the temperance question.
Mr. Steele was a friend to the bill and a friend to it as it stands. He did not know any good that could come to the bill nor did he apprehend it will acquire any additional force by being referred to the Judiciary Committee.
Mr. Daggy also opposed the motion to refer.
Mr. Boone was in favor of the proposed reference of the bill. The fact that it has been delayed to this late hour of the session is not the fault of its enemies, for it has been in the hands of its friends.
Mr. Hough regarded the motion to refer as uncalled for.
The hour of twelve o'clock having arrived, an ineffectual motion was made for a recess till two o'clock.
Mr. Friedley, of Lawrence, after inquiry as to whether any other Senator desired to speak, proceeded to close the debate (which will appear in the Brevier Legislative Reports) on this subject.
Mr. Slater made an ineffectual demand for the previous question.
Mr. Steele again spoke in opposition to the motion pending.
On motion of Mr. Hall the motion to refer was laid on the table by - yeas, 26; nays, 22 - as follows:
Yeas - Messrs. Armstrong, Beardsley, Beeson, Bunyan, Chapman, Daggy, Daugherty, Dwiggins, Fuller, Friedley, of Scott, Hall, Harney, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Ringo, Scott, Steele, and Taylor - 26.
Nays - Messrs. Bird, Boone, Bowman, Brown, Carnahan, Cave, Collett, Dittemore, Francisco, Friedley, of Lawrence, Glessner, Gooding, Gregg, Sarnighausen, Slater, Sleeth, Smith, Stroud, Thompson, Williams, and Winterbotham - 22.
Another ineffectual motion was made to adjourn till two o'clock.
The report of the committee recommending the passage of the new temperance bill [H. R. 327] was then concurred in by yeas 27, nays 21, as follows:
Yeas - Messrs. Armstrong, Beardsley, Besson, Brown, Bunyan, Chapman, Daggy, Daugherty, Dwiggins, Friedley of Scott, Hall, Harney, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Ringo, Scott, Sleeth, Steele, and Taylor - 27.
Nays - Messrs. Beggs, Bird, Boone, Bowman, Carnahan, Cave, Collett, Dittemore, Fuller, Francisco, Friedley of Lawrence, Glessner, Gooding, Gregg, Sarnighausen, Slater, Smith, Stroud, Thompson, Williams, and Winterbotham 21.
Recess.
AFTERNOON SESSION.
The Lieutenant-Governor directed the reading of the new temperance bill, [H. R. 327] and it was read the second time.
Mr. Fuller moved to amend by declaring that page: 182[View Page 182] the provisions of this bill shall not apply to the sale of wine and beer.
Mr. Brown moved to include cider.
Mr. Fuller accepted the amendment.
On motion by Mr. Steele - yeas, 25; nays, 22 - the amendment wan laid on the table.
Mr. Brown moved to amend the sixth section by inserting; the word "knowingly" before the word "sell," and before the word "by," in the seventeenth section, so the seller may not "knowingly" sell to any minor or habitual drunkard.
Mr. Hubbard thought the bill, just as well without it.
On motion of Mr. Hough, this amendment was laid on the table, by - yeas, 25; nays, 21.
Mr. Gregg moved, to strike out the emergency clause.
On motion of Mr. Dwiggins, this motion was laid on the table, by - yeas, 26; nays, 20.
Mr. Boone moved to amend the bill by striking out of section nine all after the word "dollars, to-wit: "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 line above mentioned, and 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."
Mr. Brown asked the Senator to include in his amendment a motion to strike out the eighteenth section. Mr. Boone did not acquiesce in the suggestion.
On motion of Mr. Hubbard this amendment was laid on the table by yeas, 26; nays, 20.
Mr. Friedley, of Lawrence, moved to amend by striking out the word "gain" in section one of the table.
On motion of Mr. Steele this amendment was laid on the table by yeas, 27; nays, 19.Mr. Brown moved to amend by striking out the 18th section.
Section 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 thereto.
Mr. Steele was sure there was nothing in this objection to the bill. He moved to lay the amendment on the table.
This motion was agreed to by yeas, 26; nays, 21.
Mr. Winterbotham moved to amend so as to prohibit the employment of minors in all places where intoxicating liquors are manufactured or sold.
On motion of Mr. Dwiggins this amendment was also laid on the table by yeas, 25; nays, 22.
Mr. Slater moved to amend by excepting from the provisions of this bill mint juleps, whisky cocktails, sherry cobblers and claret punches.
On motion of Mr. Steele this amendment was rejected.
Mr. Hall moved that the bill pass to the third reading, and upon that motion he demanded the previous question.
The demand for the previous question was seconded by yeas 25, nays 22.
The previous question was ordered and the bill was passed to the third reading on to-morrow.
On motion, the Senate then took a recess of ten minutes, that the crowd of spectators might have an opportunity to retire without disturbing the deliberations of the Senate.
When the ten minutes had expired the Lieutenant Governor took the chair, and - On motion the Senate adjourned, under the rule, till 9 o'clock to-morrow.
