THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
WEDNESDAY, February 26, 1873.The Lieutenant Governor directed the reading of the minutes of yesterday's proceedings at half-past nine o'clock; but on motion the reading was dispensed with.
The Lieutenant Governor laid before the Senate a communication from the Trustees of the Wabash and Erie canal, which was referred to the Committee on Finance without reading.
Mr. Doggy's bill [S. 222] making it unlawful for owners or proprietors or billiard tables to suffer or permit minors to play thereon, or congregate about billiard tables or places where such pigeon hole, bagatelle or billiard table shall be kept for public use, without the consent of the parent or guardian; was read the third time. Penalty fine not less than $5, nor more than $500. Passed yeas 30, nays 7.
Mr. Gregg's bill [S. 35] to amend section 23 of the general city incorporation act of March 14, 1867, having reference to the powers of the City Marshal, was read the third time.
Mr. Gregg said that all the change from the present law is that where a marshal makes an arrest on sight and without warrant he is permitted to hold the prisoner thirty-six hours when Sunday intervenes. Passed - yeas, 38; nays, 1.
Mr. Steele's bill [S. 143] to restrain all persons from hiring or employing minors to vend or in any manner assist in making any intoxicating or spirituous liquor was read the third time.
Mr. Steele said this bill was to prevent minors being taken into liquor sellers' establishments to assist in the manufacture or sale in any wray of any spirituous or intoxicating liquor.
Mr. Gregg did not like the feature of this bill that prohibits the employment of minors about distilleries, as under the present United States law no liquor can be obtained in such places by man or boy.
Mr. Slater regarded the provisions of this bill as right and just, so far as it refers to retail establishments, and if the reference to the whole-sale or manufacturing trade be stricken out, he would vote for the bill. He asked, but failed to obtain, unanimous consent to so amend the bill.
Mr. Rosebrough, understanding this bill would interfere with the manufacture of native wine, would have to vote against it. Passed - yeas 39, nays 12.
Mr. Hubbard's bill [S. 156] to authorize cities constructing water works to issue bonds and dispose of the same to aid in the construction of such water works, was read the third time.
Mr. Hubbard explained that the city of South Bend was deeply interested in this bill, and citizens there were very anxious for its early passage.
Mr. Beardsley believed this would prove a dangerous law, as it gives this power into the hands of two-thirds of the members of the Common Council.
Mr. Winterbotham suggested that there was no limit to the price these bonds would be sold for.
Mr. Hubbard asked, and obtained unanimous consent, to insert a proviso that the bonds shall not be sold for less than ninety-seven cents on the dollar, nor bear more than ten per cent interest.
Mr. Hall asked but failed to obtain unanimous consent to further amend the bill so that the Common Council shall not take action until a majority of the voters shall so petition. Passed - yeas 37, nays 7.
FEES AND SALARIES.
Mr. Rhodes called up the special order for this hour - the bill [S. 292] - from the Committee on Fees and Salaries, for an act regulating the few of officers, and providing penalties for its violation, repealing certain acts therein named, and declaring an emergency. The question being on amendments reported by the committee -
Mr. Glessner moved that the report be concurred in, and that the bill lie on the table and be printed.
On motion by Mr. Hall, this motion was laid on the table.
Mr. Brown opposed delay, as this bill would have to pass the House before it became a law. The public demand some system of fees and salaries that will be uniform in practice throughout the State. Some county officers are acting under the new law and some under the old law.
page: 205[View Page 205]Mr. Rhodes hoped the mover would not insist on his motion. The committee have done as near right as possible, and if time is fritted away we will come to the day of adjournment without the passage of any bill on this subject at all.
On motion of Mr. Williams, it was ordered that the bill be considered by clauses and that the committee amendments be agreed to or rejected as they are come to.
Mr. Hall moved a substitute for fees of the Secretary of State, a salary of $5,000.
On motion of Mr. Slater it was laid on the table with but one dissenting voice.
Mr. Howard moved to strike from the third action the proviso that prohibits the Secretary of State from collecting fees for services rendered States or counties or officers thereof, or for commissions issued to elective officers in this State. Mr. Dwiggins offered a substitute for section 3, increasing the fees of the Secretary of State.
Mr. Brown favored the section as in the bill, with perhaps a little modification. Tabled.
On motion by Mr. Brown, the motion (Mr. Howard's was laid on the table.
Mr. Hough moved to reduce the price for copying 100 words from fifteen to ten cents, in section 4. It was laid on the table.
Mr. Glessner moved to strike out the allowance to the clerk for bringing a record into court, was laid on the table.
Mr. Dittemore moved to allow for entering every motion in writing ten cents. It was laid the table.
Mr. Daugherty moved to strike out fees for searching records. Agreed to. Mr. Williams moved to reduce the fee for issuing marriage licenses from $2 to $1. It was laid on the table.
On motion, by Mr. Rosebrough, the $1 fee for bills, etc., is to "include all of said service." Mr. Dittemore moved to make this fee $2. Tabled.
Mr. Dittemore moved to make an allowance of $3 a day instead of $2 to clerks for attending courts.
Mr. Glessner objected to appropriating out of the pockets of the people $3 a day to both clerks and sheriffs after they are fully and fairly compensated by the fee bills.
The Senate refused to lay the amendment on the table: yeas 22, nays 23.
Mr. Bird believed the clerk was entitled to $3a day if the sheriff is to be allowed that sum because the sheriff can hire a deputy for a less sum than the clerk, the latter requiring a man of more ability than the former.
The amendment to give clerks $3 a day for attendance on courts was then agreed to by ayes 24, nays 22.
Mr. Rosebrough and Mr. Sarnighausen voting"aye," desiring to put the clerks and sheriffs on the same footing in this regard,
Mr. Dwiggins offered a substitute for section 4, relating to fees of county clerks, so as to increase their fees in the smaller counties - pending the reading of which,
The Senate took a recess.
AFTERNOON SESSION.
Mr. Dittemore introduced a bill [S. 331] for an act fixing the times of holding commissioner's courts in counties having a population of 30,000 and upwardsone sitting each month. It was referred to the Committee on the Judiciary.
Mr. Haworth offered a concurrent resolution directing the State Librarian to procure a full set of English and American herd books at a price not exceeding $200. Adopted.
Mr. Bird, from the special committee thereon, returned the joint resolution [S. 11] instructing Indiana Congressmen, looking to the establishment of a district court for Northern Indiana at Fort Wayne, and for a distributing postoffice at said city, with amendments changing it to a concurrent resolution. Concurred in.
Mr. Thompson offered a joint resolution [S. 11] concerning certain stationery purchased by the Librarian for the use of the General Assembly. Because the Auditor of State has refused to draw his warrant to pay for the same. The Joint Committee on the State Library is directed to examine into and report the facts in relation thereto.
It was referred to the Joint Committee on Public Libraries.
Mr. Brown, from the Committee on Railroads, returned the bill [S. 328] to authorize railroad companies to change their termini in certain cases, with a favorable report thereon. Concurred in.
Mr. Dwiggins presented six claims in the Burson contested election case of 1871, which were referred to the Committee on Claims, without reading.
ASSESSMENT FOR TAXATION.
Mr. Boone, from the Judiciary Committee, returned the bill [S. 294] to amend the assessment act of December 21, 1872, with amendments repealing section 255, 256 and 257.
Mr. Harney opposed concurrence in this report.
Mr. Boone said the rules laid down in these sections would not be sustained in cases of sales on execution much less to a sale for taxes.
The report was concurred in.
Mr. Howard moved to recommit the bill with instructions to amend so as to allow the assessor till August 1st of each year to complete and make out his returns, giving four months instead of two.
Mr. Rhodes said that under the new bill the assessor's work will be much more than ever before, and therefore this amendment is very necessary.
Mr. Williams was of opinion the amendment would give the auditor too short a time to make out the duplicates.
Mr. Harney hoped the bill would not pass.
Mr. Howard reminded Senators that under the old law these assessments were returned on the first of June, and the auditor had one more month in which to make out his duplicate than he will have under the new law. Two months is not a sufficient time to make assessments under the new law; it will require at least three months.
The friends of the bill, when it passed last session, assured us its defects should be remedied by supplemental law, and now when this is proposed to be done it is met at the threshhold with opposition. Upon a close examination of this law in the mode and manner of its execution it will cast upon this Legislature more stigma than any law it has passed.
Mr. Williams suggested that County Commissioners could adjourn over in order to give the Assessors further time to complete their lists.
The Senate refused to lay the motion to refer on the table.
It was then agreed to by yeas 25, nays 44.
Mr. Daugherty moved to further instruct the committee to reinstate sections 255, 256 and 257 of the original law.
Mr. Bunyan moved that these instructions be laid on the table. Agreed to.
Mr. Dwiggins moved to further instruct the committee to amend by striking out sections 8 and 9 requiring insurance companies to pay a tax of two per cent. of their gross earnings.
Mr. Slater raised the point of order that the matter was not in order, which point of order was sustained by the Chair.
Mr. Dwiggins moved to reconsider the vote by which the amendment to the bill was adopted. Mr. Slater moved to lay the motion on the table.
This motion was agreed to by yeas 30, nays 14.
Mr. Sleeth moved, ineffectually, to further instruct the committee to investigate the propriety page: 206[View Page 206] of repealing section 57 and striking out the word "banking" in the first line of section 59.
FEES AND SALARIES.
The Senate now returned to the consideration of the fee and salary bill [S. 292] pending at the time of the recess. The reading of the substitute for section 4, proposed by Mr. Dwiggins was resumed and completed.
Mr. Dwiggins spoke in favor of adopting his substitute and Mr. Rhodes against it.
On motion by Mr. Dittemore it was laid on the table by yeas 24, nays 14.
Mr. Brown moved to amend by allowing county Treasurers for each mile traveled in going to Indianapolis, each way, ten cents.
It was agreed to.
Mr. Cave offered a substitute increasing the fees of County Treasurers. Under which his county Treasurer will not make more than $15.It was laid on the table.
Mr. Sleeth proposed an amendment, which was agreed to, that, the Treasurer shall not receive more than one per cent for receiving and disbursing county monies.
Mr. Haworth moved to amend by way of substitute, allowing treasurers eight per cent on the first $1,000, seven per cent on the second thousand, six per cent on the third thousand, five per cent of the fourth thousand, four per cent on from four to fourteen thousand, three per cent on from fourteen to twenty-five thousand, two per cent on from twenty-five to seventy-five thousand and one per cent on all over seventy-live thousand dollars.
It was laid on the table.
Mr. Brown moved, ineffectually, to substitute $5 for $1 as the fee for a plat of subdivisions of townships. He also moved to increase the fee to $2 50. It was laid on the table.
On motion of Mr. Rhodes, the fee for disbursement of school revenue was fixed at one-fourth of one per cent.
Mr. Glessner made an ineffectual motion to strike out the twenty-five cent fee for searching records.
Mr. Brown moved to increase the fee for issuing notice to viewers of roads from fifty cents to $1.
Mr. Haugh made an ineffectual motion - yeas 18, nays 22 - to lay the amendment on the table.
It was rejected by yeas 17, nays 24.
Mr. Glessner moved to reduce the per diem for attendance on Commissioners Courts from $3 to $2. It was laid on the table.
Mr. Rhodes moved to allow the Auditor for making footings of tax duplicates, settlement sheets with the county boards, etc., not to exceed $3, at the discretion of the Board of Commissioners.
It was agreed to.
Mr. Cave moved ineffectually to increase the sheriff's fee for serving a writ and taking into custody from fifty cents to one dollar.
Mr. Scott moved to make the fee for taking prisoners to the Suite prison fifteen cents per mile.
It was agreed to.
Mr. Rhodes moved to allow the sheriff five baliffs, at a per diem of $3 for riding baliffs and $2 for the others.
It was laid on the table by yeas, 25; nays, 15.
Mr. Chapman moved ineffectually to make the fee for keeping prisoners seventy-five cents instead of sixty cents.
On motion by Mr. Ringo, the words "to be paid by the county requiring the service" were added to the clause for taking prisoners from one county to another, or to State prison.
Mr. Scott moved an amendment allowing the appointment by the Sheriff, of as many bailiffs as are necessary, with the knowledge and consent of the court.
On motion of Mr. Rhodes, the per diem of riding bailiffs was fixed at $3, and other bailiff at $2.Mr. Cave moved to make the per diem of each fifty cents a day higher. This amendment to the amendment was agreed to.
The amendment [Mr. Scott's] as amended was agreed to.
Mr. Howard moved an amendment providing that fees taxed for services performed by bailiffs shall go into the county treasury.
Mr. Dwiggins did not think the amendment would amount to any thing, because bailiffs would not be sent to perform such service.
The amendment was agreed to.
Mr. Slater moved to amend by reducing the printers fee for first insertion, brevier measure, from $2 to $1 75, and each additional insertion from $1 to 75 cents. Agreed to; substituting 250 ems for a square. Adjourned.
