THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
TUESDAY, February 25, 1873.The Lieutenant Governor took the chair at half-past nine o'clock A. M.
The reading of the minutes was dispensed with.
Mr. Williams presented a petition praying for the abandonment of the Southern State Prison, which was referred to the Committee on Prisons.
Mr. Taylor presented a claim of Baker, Hord and Hendricks for services as attorneys in the matter of the Garrett bonds, which was referred without reading to the Committee on Claims.
Mr. Boone introduced a bill [S. 330] for an act to amend an act entitled an act to prevent emigration, from one county or township to another, for the purpose of carrying elections, approved March 6, 1867, and prescribing punishment for the violation oi this act. It was referred to the Committee on Rights and Privileges.
On motion by Mr. Bird, the bill [S. 263] (title not announced), was taken from the table and referred to the Judiciary Committee.
On motion by Mr. Hall, the bill [S. 254] to amend section 60 of the city incorporation act, so as to allow counties and towns to take stock in rail-roan bridges crossing any stream within or bordering on this State, was read the second time. He moved to amend by appropriately inserting the words, "or to public improvements or public works," in several places.
The amendment was agreed to and the bill was ordered to be engrossed. Subsequently, on his motion, under a dispensation, the bill was read the third time and passed by yeas 41, nays 2.
Mr. Miller presented a petition from some six hundred citizens of Miami county, which was referred to the Committee on Benevolent Institutions without reading.
Mr. Dittemore entered a motion to reconsider the vote by which the reorganization of courts bill [S. 238] was passed the Senate.
Mr. Brown raised the point of order that the motion was made too late, the bill having gone to the House and action taken thereon.
Lieutenant Governor held the point of order to be well taken.
Mr. Fuller moved to suspend the regular Order and proceed to the consideration of Senate bills on the second reading.
Mr. Hough called attention to rule twenty-nine of the Senate, under which he insisted a motion to reconsider the vote passing the Court bill [S. 338] abolishing the Common Pleas is still in order.
The Lieutenant Governor held to his former ruling as tne bill has gone to the House, he knew of no way to get it back without a resolution recalling it.
Mr. Hubbard moved ineffectually to amend the motion for the suspension of the order of business so that Senate bills on the third reading may be taken up.
The motion to consider Senate bills on the second reading was agreed to.
Mr. Hough, from the Committee on Organisation of Courts of Justice, returned the bill [S. 36] to amend sections 90 and 103 of the criminal practice act of June 17, 1852, with amendments to the effect that if the defendant do not testify, his failure to do so shall not be commented upon by counsel or jury; and also to strike out the second section, and amend the title.
The report was concurred in.
THE CALENDAR - SENATE BILLS PASSED TO THE LAST READING.
Mr. Beardsley's bill [S. 236] concerning cemeteries - cemetery associations are authorised to invest and maintain a fund for the purpose of keeping in repair their grounds - was read the second time and ordered to be engrossed for the third reading, etc., to-morrow.
Mr. Fuller's bill [S. 258] to prevent betting on elections, and providing punishment for the same, was read the second time and ordered to be engrossed.
Mr. Boone's bill [S. 245] to amend section 156 of the common school law of March 6, 1865, was read the second time and ordered to be engrossed.
Mr. Thompson's bill [S. 248] to provide for exemption from sale on execution occupied burying lots in cemeteries which have been laid out and platted, was read the second time and ordered to be engrossed.
Mr. Fuller's bill [S. 255] to prevent the owners of hogs having the cholera to run at large was read the second time and entered to be engrossed.
page: 201[View Page 201]Mr. Carnahan's bill [S. 266] to require surviving partners to file inventories and appraisements in the county clerk's office, and report the liabilities of said firm, etc., was read the second time and ordered to be engrossed.
Mr. C. moved for a dispensation of the constitutional restriction, that the bill may be put upon its passage now. The motion was agreed to by yeas 40, nays 0. The bill was read the, third time, and passed the Senate by yeas 42, nays 2.
Mr. Thompson's bill [S. 270] to authorize cities of 4,000 and upward to purchase and use for certain purposes real estate, not exceeding 600 hundred acres, for pest house and hospital purposes, or upon which to locate such trades as are injurious to health, was read the second time and ordered to be engrossed.
Mr. Thompson's bill [S. 289] authorizing cities of 30,000 and upward to make loans and borrow money, not to exceed two per cent. of the taxable property of such city, was read the second time and ordered to be engrossed.
On motion by Mr. Steele, Mr. Harney's bill [S. 197] to increase the salaries of the Supreme Judges to $5,000, was read the second time.
Mr. Brown moved to refer the bill to the Judiciary Committee.
Mr. Slater moved that the bill be indefinitely postponed.
Mr. Harney, while aware that many say this is a wrong time to increase the salaries of officers, we are in a manner compelled to overlook that way of reasoning in this particular case, because it is necessary for the State to have a class of talent that command a just compensation for the services rendered. As a matter of policy, then, the State, in order to secure the very best legal talent for the Supreme Bench, must increase the salary now paid. As an agent of the State, acting for her best interests, he esteemed it to be his duty to bring in this bill and advocate its passage.
Mr. Brown was in favor of the increase of the salaries of Judges all the way through, and opposed the pending motion.
Mr. Gooding did not think $5,000 salary too much for the Judge of the Supreme Court.
On motion by Mr. Dittemore, the bill and pending motions were laid on the table.
On motion by Mr. Steele, his bill [S. 289] to fix salaries of Judges of the Supreme Court at $1,000 was read the second time and ordered to be engrossed.
Mr. Gooding moved that Mr. Thompson's bill [S. 9.] fixing the salaries of Judges be taken from the table.
The motion was agreed to by yeas 29, nays 17.
Mr. Steele moved for a dispensation of the constitutional restriction that his bill [S. 289] may be put upon its passage; pending which -
THE STATE PRINTING.
Mr. Dwiggins called up the special order for the hour, being Mr. Beardsley's bill [S. 245] to provide for the letting of the public printing to the lowest responsible bidder; that the Governor, Secretary and Auditor of State shall be ex-officio Commissioners of Public Printing, and for the the appointment of a Superintendent of Public Printing, was read the second time.
Mr. Brown moved to refer the bill to the Committee on the Judiciary.
After remarks by Messrs. Brown and Glessner -
On motion by Mr. Williams, the motion to refer was laid on the table by yeas 44, nays 5.
Mr. Gregg moved that the bill be ordered to be engrossed, and on that motion he demanded the previous question.
The Senate seconded the demand for the previous question, and under the operations thereof the bill was ordered to be engrossed for the third reading.
Mr. Brown moved that 200 copies of the bill be printed in the cheapest possible manner.
On motion by Mr. Hough the motion to print was laid on the table by yeas, 28; nays, 18.
Mr. Collett, in view of the fact that the vessel chartered to convey articles to the Vienna exposition will leave the port of New York on Wednesday of next week, moved to take up this bill [S. 310] to provide for the collection of agricultural, mineral and agricultural productions of Indiana, for exhibition at the Vienna Exposition,, suspend the Constitutional restrictions, read it the second time by title and the third time by sections, and put it upon its final vote.
The motion was agreed to by yeas, 38; nays, 1, and the bill appropriating $1,000 for expenses; appointing the State Geologist as Commissioner, and $3,000 additional, having been read the last time.
Mr. Collett advocated the passage of his bill. It was believed the State Geologist could induce heavy foreign manufacturers in steel to emigrate to this Stale, and take advantage of the mineral resources offered here in their line of business.
The bill passed the Senate by yeas 32, nays 6.
The Senate then took a recess till two o'clock.
AFTERNOON SESSION.
Mr. Scott offered a resolution for night sessions until otherwise ordered commencing at half past seven P. M.
It lies over for one day under the rules.
Mr. Dittemore offered a resolution which was adopted requiring the Warden of the State Prison south to furnish the Committee on Prisons with a copy of the contract with the Car Works at Jeffersonville.
RE-ORGANIZATION OF THE JUDICIARY.
Mr. Winterbotham offered a resolution requesting the House of Representatives to return to the Senate the bill [S. 138] for re-organization of the Judicial system, to abolish the Court of Common Pleas. &c.
Mr. Dwiggins demanded a call of the Senate, which was ordered, and being taken discovered 38 Senators present and answering to their names.
Mr. Sleeth demanded the previous question on his motion.
Mr. Dwiggins moved that the absentees be sent for.
Mr. Dittemore moved to amend that motion by by dispensing with further proceedings under the call.
This motion was agreed to by yeas 22, nays 19.
Mr. Brown moved to lay the resolution on the table.
This motion was rejected by yeas 22, nays 22.
The Lieutenant Governor giving the casting vote that the motion to lay on the table prevail.
SENATE BILLS PASSED.
On motion of Mr. Hough, the Senate proceeded to the consideration of Senate bills on the third reading.
Mr. Smith's bill [S. 327] to limit the time of bringing an action in law or in equity brought upon any judgment in any State of the United States - to ten years - being read the third and last time -
Mr. Boone opposed, and Mr. Gregg and My, Steele favored the passage of the bill.
Mr. Dougherty moved to recommit the bill, with instructions to amend so that it shall not apply to Judgments heretofore rendered.
On motion by Mr. Steele, this motion to refer was laid on the table.
The bill passed by yeas 28, nays 18.
Mr. Collett asked, but failed to obtain, consent to substitute an exact copy of a bill introduced by him at the special session for the original, which seems to have been lost.
Mr. Hubbard's bill [S. 176], supplemental to and repealing section 13 of the act of February 16, 1852, to establish public libraries - by a two-third vote of the Common Council, any city may levy a tax to aid public libraries - was read the third time.
page: 202[View Page 202]Mr. Hubbard explained the changes in the repealing section: to allow library associations to hold a lot for the erection of a building; and cities may assist such corporations, and if the city owns one-third of the stock when the association becomes disorganized, the city may hold the property.
The bill passed by yeas 43, nays 0.
Mr. Thompson's bill [S. 61] to protect society against dangerous consequences arising from setting at liberty persons who may have been acquitted of any murder, manslaughter, robbing, arson, rape, larceny, or other felony upon the plea and defense of insanity, was read the third time.
Mr. Thompson, in explaining the provisions of his bill, said that since it was introduced here, copies had been sent to live different States, and three of them have passed it.
The bill provides that, whenever any person shall be prosecuted for any murder, manslaughter, robbery, arson, rape, larceny, burglary, assault, or assault and battery with intent to commit any felony, or any other felony, and the plea of insanity shall be set up in defense, it shall be the duty of the court or jury trying the defendant to find specifically whether such defendant was or was not insane when the alleged offense was committed, and whether such insanity was impulsive, homicidal or moral, or not, and in case the court or jury shall find the defendant to have been insane when the offense was committed, he or she may be found not guilty thereof. Any person acquitted in any of the cases heretofore mentioned, shall be committed to some secure and strong ward of the hospital for the insane for the period of two years, and as much longer as may be necessary to complete the cure of such defendant, but such defendant shall be kept wholly separate and apart from all other patients in such hospital. It is expressly provided, further, that when any such person snail be acquitted of any charge of murder, manslaughter, robbery, or rape, by reason of the impulsive, homicidal, or moral insanity of such person, then such person upon his or her acquittal, shall be securely confined in such strong ward in said hospital for the insane during his or her natural life.
The bill passed the Senate by yeas 32, nays 12.
Mr. Smith's bill [S. 80] defining the offense of libel making the same a misdemeanor, and prescribing the punishment therefor, was read the third time.
Mr. Slater moved to indefinitely postpone the bill.
On motion by Mr. Steele it was laid on the table, the author being absent - yeas 34, nays 9.
Mr. Sleeth's bill [S. 90] to amend section 24 of the act of May 14, '52, regulating descents and the apportionment of estates, was read the third time.
Mr. Sleeth explained that this bill proposes to give the widow a life estate. The remainder going to the creditors of the deceased.
Mr. Brown opposed disturbing the laws of descent as they are pretty well understood now in this State.
The bill was rejected by yeas 18, nays 25.
Mr. Orr's bill [S.117] regulating the granting of divorces, nullification of marriages, and decrees and orders of court incident thereto, and repealing all laws conflicting with this act and declaring an emergency, was read the third time. It provides that the applicant must have been a bona fide resident of the State for two years, and fixes the following as the causes for which divorces may be granted: Adultery, willful abandonment for two years, cruel and barbarous treatment of either party by the other, impotency, habitual drunkenness of either party, or the failure of the husband to make reasonable provisions for his family.
Mr. Rosebrough spoke in favor of the passage of this bill.
Mr. Slater moved to indefinitely postpone the bill.
On motion by Mr. Hall, this motion was laid on the table by yeas 28, nays 18.
The bill passed by yeas 30, nays 15.
Mr. Smith's bill [S. 189] to amend section 648 of the civil practice act approved June 18, 1852, was read the third time.
The bill passed by yeas 38, nays 3.
Mr. Gregg, when his name was called, explain that the bill remedies the injurious effect of a late decision of the Supreme Court in regard to mechanics lien.
Mr. Dittemore's bill [S. 148] to provide for the re-location of county seats, and repealing all laws contravening the provisions of this act, and declaring an emergency, was read the third time.
Mr. Hall opposed and Mr. Rhodes favored the passage of the bill.
Mr. Dwiggins moved to recommit the bill with instructions to strike out 66 per cent and insert 60 per cent shall sign the petition, and also to strike out the tenth section, adding ten per cent to the vote.
On motion of Mr. Dittemore the motion to re-commit was laid on the table by yeas 27, nays 15.The bill passed by yeas 20, nays 10.
Mr. Neff's bill [S. 174] defining certain misdemeanors and prescribing punishment therefor - injuring any shrub, tree or property or ground used by agricultural, mechanical or horticultural societie - was read the third time.
On motion by Mr. Boone and Mr. Brown, and by unanimous consent, the word "unlawfully" was inserted before the word "injure."
Mr. Neff explained that this bill was for the protection of the property of agricultural, horticultural or mechanical associations.
The bill passed by yeas 41, nays 2.
Mr. Hubbard's bill [S. 185] to authorize Judges of Circuit Courts and Court of Common Pleas to grant injunctions in certain cases pending in counties adjoining such circuit or district wherein the Judges of the courts within such circuit or district are disqualified from hearing such motions, and to authorize clerks to issue restraining orders was read the third time.
The bill passed by yeas 40, nays 0; with an amendment of the title, viz: An act to regulate the granting of restraining orders and injunctions by clerks of the circuit courts and circuit and common pleas judges in certain cases.
Mr. Steele's bill [S. 192] to amend section 5 of the property exemption act of February 17, 1852, was read the third time.
Mr. Steele explained that where the two can not agree on the third appraiser, the officer holding the execution may select the third person.
The bill passed the Senate by yeas 41, nays 0.
Mr. Beeson's bill [S. 195] defining misdemeanors and declaring punishment thereof was read the third time.
Mr. Beeson explained the only alteration to be to make a misdemeanor for violation of the act of May 21,1852, which prohibits the running at large of any stock not designated by the county commissioners.
Mr. Brown was willing to see the bill pass if it only affected vicious animals; but this cumulates the liability of persons who may allow their stock to run at large.
Mr. Steele thought any busy body in a neighborhood might cause much unnecessary trouble under this bill, and thought such a measure ought not to pass. Then, in some counties, the Board of Commissioners have made no order and the law of 1852 remains a dead letter on the statute book.
Mr. Glessner spoke in favor of the bill and Mr. Dwiggins on the other side.
Mr. Gooding demanded the previous question.
The bill was rejected by yeas 14, nays 29.
Mr. Carnahan's bill [S. 202] to amend section 7 page: 203[View Page 203] and 9 of the common school law of March 6,1865, was read the third time.
Mr. Carnahan explained that the only change from the present law is as to the time the township trustee is to report to the County Commissioners - from the 1st of March to the 1st of September of each year.
The bill passed the Senate by yeas, 44; nays, 0.
Mr. Beardsley's bill [S. 219] to provide for the construction and maintenance of fish ladders, was read the third time.
Mr. Steele regarded this as an attempt to enforce a civil statute by a criminal action.
Mr. Gooding thought the bill belongs to a class of special legislation.
Mr. Gregg understood that by fish ladders the fish can run over a very high dam. Some of the ladders are constructed in a zig zag shape, and others in different ways.
Mr. Steele made an ineffectual motion to lay the bill on the table.
The bill passed the Senate by yeas, 26; nays, 8.
The Senate then adjourned till half-past nine o'clock to-morrow.
