THE
BREVIER LEGISLATIVE REPORTS
VOLUME FOURTEEN
INDIANA
LEGISLATURE
SENATE.
THURSDAY, Feb. 12, 1873.MORNING SESSION.
The Lieutenant Governor directed the reading of the minutes. On motion it was dispensed with, and he announced the special order for yesterday afternoon, being the Select Committee's bill [S. 238] to divide the State into circuits for Judicial purposes, to abolish the Courts of Common Pleas, etc.
THE ASSESSMENT LAWS.
On motion by Mr. Williams, Mr. Sarnighausen's bill [S. 294] to amend sections 1, 15, 19 and 257 of the assessment of property act of December 31, 1872, was read the second time.
Mr. Slater moved to amend by adding a section requiring semi-annual reports of premium receipts from foreign insurance companies to State officers, and affixing a tax of three per cent. thereon, less losses actually paid in the State. It was agreed to.
Mr. Dwiggins moved for an additional section, amending section 195 by allowing printers sixty cents per description for the publication of delinquents.
Mr. Neff was satisfied that sixty cents would be too large, because three or four columns of figures are cut off from the former mode of describing the property.
Mr. Smith moved to amend the amendment by inserting fifty cents.
Mr. Dwiggins explained that printers in country offices have to keep several hundred dollars worth of material the year round that is used only for the purpose of publishing the delinquent list. Then this fee comes from the delinquent, and not from the county or State. He accepted Mr. Smith's amendment.
Mr. Glessner favored the amendment, believing it would be no more than fair.
Mr. Slater said fifty cents a description is not as much in proportion as store keepers and business men pay for local notices.
Mr. Steele believed the thirty cents now fixed by law sufficient, but he moved to amend the amendment by making it thirty-five cents.
Mr. Friedley, of Lawrence, believed our county newspapers are doing much to educate public sentiment in the proper channels, and in giving them a liberal compensation for the work they do.
On motion by Mr. Slater, the amendment was laid on the table.
Mr. Steele moved to amend the amendment by inserting a proviso, that the publication of the delinquent list of each county shall be let to the lowest responsible bidder at a price not to exceed fifty cents per description.
On motion of Mr. Slater, it was not laid on the table by yeas 19, nays 27.
Mr. Brown would rather vote for the amendment without the word "responsible" in it, because a great many writs of injunction arise from this qualification.
The amendment of Mr. Steele was agreed to by yeas 26, nays 23.
Mr. Beeson moved to suspend the order of business that the new temperance bill [H. R. 327] may be taken up now.
Mr. Wadge submitted the following.
WHEREAS, It was announced at a public meeting in this city, held on Sunday last, that, money was being used to influence Senators in their votes on the bill for the suppression of intemperance, and that the sum of $250,000 has been already raised for that purpose, and
WHEREAS, It is due to the dignity of this body or to such of its members as may vote against this bill from conscientious motives, therefore,
Be it Resolved, That a committee of five be appointed to investigate this matter, with instructions to send for persons and papers at the discretion, and to report to the Senate at the earliest possible moment.
Mr. Daggy moved to lay it on the table.
The motion was rejected by yeas 23, nays 26.
Mr. Brown moved to make this resolution the special order for to-morrow at half past ten o'clock.
Mr. Wadge moved ineffectually to lay the motion oil the table - yeas 23, nays 25.
The motion to make it a special order was agreed to.
INTOXICATING LIQUORS.
Mr. Beeson now renewed his motion to take up the new temperance bill [H. R. 327.]
The motion was agreed to y yeas 28; nays 21.
page: 188[View Page 188]Mr. Slater made an ineffectual motion to adjourn.
Mr. O'Brien moved that the bill be read a third time, and upon that he demanded the previous question.
Mr. Boone moved to recommit the bill to the Temperance Committee with instructions to amend in section 1, by inserting after the word liquors the words: "except for mechanical, medicinal and sacramental purposes, and all fermented liquors, wine and cider."
In section 2 strike out the words: "is in proper form and that it."
In faction 6 strike out all after the words "intoxicated"' including the words "or to persons who," etc.
Strike out all of section 8.
Strike out of section 9 all of said section after the word "dollars."
Strikeout all of section 12 after the word "person" beginning with the words: "and any person or persons renting, leasing," etc.
Strike out all of section thirteen.
Strike out all of section fourteen after the word "days" beginning with the words, "for violation of the provisions" etc.
Strike out all of the eighteenth section.
Strike out all of the fifteenth section.
Mr. Friedley, of Lawrence, and Mr. Hall and Mr. Brown addressing the chair, the latter demanding a division of the question [Mr. Chapman in the chair.] Mr. Hall being recognized, demanded the previous question.
The Senate seconded the demand and ordered the main question to be put, by yeas 27, nays 22.The presiding officer stated the first question to be on the motion to recommit.
Mr. Brown said that was the first last, and only question before the Senate.
Mr. Hubbard made the point of order that it takes a majority of the Senate to order a division of the question.
The presiding officer sustained the point of order on the ground that a demand for a division of the question can not be made after the previous question is ordered.
Mr. Brown appealed from this decision of the chair.
The motion to recommit the bill was rejected by yeas 24, nays 25.Mr. Dwiggins moved that the bill be read the third time and put upon its passage, and upon that motion demanded the previous question.
Mr. Brown now rose to a privileged question, and sent up his appeal from the decision of the chair.
The Presiding Officer. The appeal will be attended to at the proper time.
Mr. Brown asked the Chair to decide whether the sending up an appeal is not a privileged question.
The Presiding Officer. I belive not.
Mr. Brown desired to know what condition the appeal is in.
The Presiding Officer said the Chair demanded that it should be sent up in writing, but it was not sent up till now.
Mr. Brown. It is up now.
The Presiding Officer. It is too late now.
Mr. Brown was proceeding to reply, but the gavel of the Presiding Officer restrained him. He desired to make another point of order but was admonished by the chair to take his seat.
A motion was made to adjourn, out the Presiding Officer decided it out of order, because there was a motion pending for the previous question.
The demand for the previous question was seconded by the Senate.
Mr. Brown inquired to what extent the previous question goes.
The Presiding Officer replied that it went until the main question is put - that is the passage of the bill.
Another motion to adjourn was ruled out of order, because the previous question had been seconded.
The bill was then read the third time and passed by year 30, nays 19, as follows:
Yeas - Messrs. Armstrong, Beardsley, Beeson, Boone, Brown, Bunyan, Chapman, Collett, Daggy, Daugherty, Dwiggins, Friedley of Scott, Friedley of Lawrence, Hall, Harney, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Ringo, Scott, Sleeth, Steele and Taylor - 30.
Nays - Messrs. Beggs, Bird, Bowman, Carnahan, Cave, Dittemore, Fuller, Francisco, Glessner, Gooding, Gregg, Sarnighausen, Slater. Smith, Stroud, Thompson, Wadge, Williams and Winterbotham - 19.
Messrs. Bird, Brown, Collett, Gooding, Harney, Hough, Neff, Orr, Slater, Sleeth, Thompson, Wadge, Winterbotham, Friedley, of Lawrence and Boone, making explanations, which will appear in the Brevier Legislative Reports.
Mr. Slater moved to amend the bill, to wit: "An act to create drunkenness, to provide emergencies therefor, and to encourage litigation and benefit lawyers."
The Presiding officer decided it out of order.
Mr. Dwiggins moved to reconsider the vote just taken, and to lay this motion on the table.
Pending which -
On motion, the Senate took a recess till three o'clock P. M.
AFTERNOON SESSION.
The Lieutenant Governor announced the question to be on the motion to lay on the table the motion to reconsider the vote by which the temperance bill was passed the Senate.
Mr. Brown rose to the point of order that his appeal from the decision of the chair had precedence.
The Lieutenant Governor directed the reading of the appeal, to-wit.
The question being to commit House bill No. 237 with the instructions offered by the Senator from Boone to the Committee on Temperance, the Senator from Jackson, before the demand for the previous question was seconded, demanded a division of the question. The Senator from St. Joseph raised the point of order that the Senator from Jackson had no right to make such demand, which point of order was sustained by the President of the Senate [Mr. Chapman in the chair], and from which decision we, the undersigned appeal to the judgment of the Senate.
JASON B. BROWN,
M. R. SLATER,
B. GREGG.
Mr. Brown spoke in support of the appeal.
Mr. Chapman replied that the time was passed for the consideration of the appeal, that there is no power to get it in after business was done.
The Lieutenant Governor held that the rules of the Senate as well as parliamentary law allows a reasonable time for the Senator to prepare his appeal. He cannot be limited as to time. He must have the time necessary to prepare his appeal. According to the statement of Senators, upon which we must rely, the appeal in this case was prepared with at least reasonable dispatch. The chair decided that the appeal may be considered now.
Mr. Hall moved to lay the appeal on the table. The vote thereon resulted, yeas 23; nays 23.
The Lieutant Governor giving the casting vote that the appeal shall not lie on the table.
Mr. Brown, now having a decison in favor of the appeal, and not desiring to take up the time of the Senate further with its consideration, obtained the consent of the Senators signing it with him, and withdrew it.
The pending motion to lay on the table a motion to reconsider the vote, by which the temperance bill [H. R. 327] was finally passed, the Senate was agreed to by yeas 27; nays 21.
page: 189[View Page 189]ADJUTANT GENERAL TERRELL'S REPORT.
Mr. Orr offered a concurrent resolution authorizing a distribution of the Adjutant General's Reports - one set of eight volumes each to every Senator.
Mr. Friedley, of Scott, moved as a substitute that said reports be distributed one set to each member and employe of the General Assembly.
Mr. Orr accepted the substitute.
Mr. Dittemore moved to amend the substitute by directing their distribution to the several County Clerks, to bo placed in the county librarian, lie desired they should go into each county M a monument of the extravagance in printing them at a cost of $85,000.
On motion by Mr. Rhodes, it was laid on the table.
Mr. Sleeth moved to amend by authorizing the Librarian to retain 100 sets for the State; and, at the suggestion of Mr. Brown, added that one copy be went to each college in the State.
On motion by Mr. Williams, the whole matter was referred to the Committee on County and Township Business.
Mr. Gooding moved to take up the bill for re-districting the State for judicial purposes, to abolish the Court of Common Peas, etc. He withheld his motion for
THE ASSESSMENT LAW.
Mr. Williams, on whose motion the bill [S. 294] amending the assessment law of December 21, 1872.
Mr. Gregg moved to amend so that the publication of the delinquent list shall be let out by the Auditor and Treasurer of each county to the lowest bidder at not to exceed fifty cents per description.
Mr. Fuller moved to lay on the table all amendments to the bill.
This motion was agreed to.
Mr. Williams moved to dispense with the constitutional rule that the bill may be read the third time now and put upon its passage.
The motion was agreed to by yeas, 40, nays, 0, and the bill was read the third time.
Mr. Smith called attention to what he regarded as a great wrong in the section of the bill.
Mr. Hough moved to recommit with instructions to strike out and insert.
Mr. Boone moved to further instruct the committee to strike out the second section.
On motion of Mr. Bunyan, Mr. Hough's motion was laid on the table.
On motion by Mr. Gooding, the vote ordering the bill to the third reading was reconsidered and the bill was recommitted to the Judiciary Committee.
Mr. Friedley offered a resolution allowing O. M. Wilson $1.50, for preparing calendar of bills at the close of the session of 1869.
On motion by Mr. Fuller it was referred to the Joint Committee on Claims.
On motion by Mr. Dwiggings the bill [S. 215] was referred to the Committee on Reports.
On motion by Mr. Rhodes the bill [S. 299] was referred to the Committee on Fees and Salaries.
REORGANlZATION OF THE JUDICIARY.
Mr. Gooding called up the special order, the bill [S. 238] redistricting the State for judicial purposes, abolishing the Courts of Common Pleas, etc, the question being on concurring in the report of the committee, substituting new matter for the districts.
The report was concurred in.
Mr. Friedley, of Lawrence, moved to dispense with the constitutional restriction that the bill may be read by title only for the second reading.
This motion was agreed to by yeas 35, nays 5, and the bill was read by title only for the second reading.
Mr. Williams' amendment, reorganizing the Eleventh and Twelfth District, coming up,
Mr. Cave desired his dsstrict to remain just as it is, and he moved to lay the amendment on the table.
Mr. Gooding knew some of the Representatives from those counties were opposed to the amendment. Unless a redistricting bill is passed, the salaries of judges will not be raised in all probability. A great deal depends on the passage of this bill, and in order that it may pass, all the strength possible should be obtained for it.
Mr. Williams thought the Representatives were about equally divided in opinion about the change proposed in his amendment, and was willing now to let the Senate decide, and for that purpose demanded the yeas and nays.
Mr. Cave moved to lay the amendment on the table.
The motion was agreed to by yeas 22, nays 21.
Mr. Smith moved to amend section thirty-four by striking out "Marshall and Kosciusko" and inserting in lieu ''Miami," and substituting, in section seventy ''Miami" for "Marshall and Kosciusko;" and he also submitted memorials from the bar of Fulton and Miami counties asking that the counties of Fulton and Miami shall constitute a judicial district and another amendment adding a new section to the bill making a District of the counties of Marshall and Kosciusko.
Mr. Hubbard opposed this amendment because it leaves Howard county off by itself unprovided for.
Mr. Smith moved to refer the bill with amendments to the Committee on the Judiciary.
Mr. Gooding and Mr. Glessner opposed the motion to refer.
Mr. Winterbotham knew there was considerable opposition to this bill in his district among members of the bar, a number of whom would be here this evening desiring to be heard before some committee.
On motion by Mr. Fuller, the motion to refer was amended by changing its reference to a committee of the whole Senate, and making it a special order for ten o'clock to-morrow morning.
Mr. Steele moved ineffectually to change the time to Tuesday next at ten o'clock.
The amendment as amended was rejected.
Pending the amendment to the bill submitted by Mr. Smith -
The Senate adjourned till half-past nine o'clock to-morrow.
