THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
NDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
THURSDAY, February 27,1873.Lieutenant Governor took the chair at half past nine o'clock. The reading of yesterday's minutes was dispensed with.
Mr. Scott called up his resolution for night sessions.
Mr. Dwigging moved to amend the resolution so that House bills on the first reading only shall be considered, unless otherwise ordered by the Senate during the day session previous.
Mr. Dittemore made an ineffectual motion - yeas 15, nays 24 - to lay the resolution on the table.
The resolution, as amended, was adopted.
Mr. Hall offered a resolution authorizing the appointment of a special committee of five to select bills to be first acted upon, which was laid on the table.
REPORTS FROM COMMITTEES.
Mr. Beardsley, from the Committee on Benevolent Institutions, returned the bill S. 138 (title not set forth), with a favorable report.
Mr. Wadge, from the Committee on State Prisons, returned Mr. Winterbotham's bill [S. 325] to authorize the Governor to exchange certain lands therein described, with a favorable report.
Also, the bill [H. R. 245] to provide for paroling of prisoners for non-payment of fine, with a favorable report.
Mr. Sarnighausen, from the Committee on Rights and Privileges, returned Mr. Scott's bill [S. 282] to amend the act for the organization of County Boards, with amendments, requiring appraisers to make oath, &c.
Mr. Gregg, from the Judiciary Committee, returned his bill [S. 224] for the relief of Nicholas Moreback, Francis Joseph Wetzler and another, with a recommendation that it pass.These reports were severally concurred in.
Mr. Gooding, from the Judiciary Committee, returned Mr. Carnahan's bill [S. 297] to amend the title of an act of June 15, 1852, concerning license to vend foreign merchandise, &c., with a substitute therefor, [S. 332] concerning licenses to keep a ferry, exhibit caravans, ventriloquism, &c. Concurred in.
Mr. Brown introduced a bill [S. 333] for an act for the relief of indigent cripples of the State of Indiana. County Commissioners are authorized to pay board and transportation of such to hospitals. It was referred to the Committee on Benevolent Institutions.
On motion by Messrs. Dittemore and Gregg,the bill [S. 224] for the relief of Nicholas Moreback and Joseph E. Lange and Francis Joseph Wetzler in the sum of $2,500 principal and interest on account of monies taken from the former while Township Trustee. Passed - Yeas 32; nays 8.
Mr. Hall, from the Committee on Corporations, returned Mr. Gooding's bill [S. 264] amending the charter of the city of Evansville, with amendments. Concurred in.
Mr. Dittemore entered a motion to reconsider the vote recommitting the supplemental assessment bill [S, 294], with instructions to extend time to appraisers to do their work till the first of August.
Mr. Howard said the old law gave four months and fifteen days' time to the Auditor to complete his duplicate - precisely the same time that the committee are instructed to report as an amendment to this bill; and we should not undertake to relieve the Auditor forgetting the Assessor, who will have more labor to perform under the new law than under the old.
Mr. Brown moved to lay the motion to reconsider on the table. Agreed to by yeas 23, nays 20.
Mr. Steele asked and obtained leave of absence for the Judiciary Committee to consider this bill, though he thought, under the special instructions, its action would amount to nothing.
Mr. Rhodes suggested that the committee be be authorized to make such additional amendments as it may see proper. So ordered.
Mr. Sleeth, from the Committee on Claims, returned the claim of Theo. McCoy, late Clerk of the Supreme Court, for $3,200 for extra clerk hire, recommending its reference to the Joint Committee on Claims. Concurred in.
Mr. O'Brien's bill [S. 229] to legalize the official acts of the Trustees of the town of Cicero, in Hamilton county, was taken up on motion by Mr. Rhodes, and the minority report from the Judiciary Committee adverse to its passage, and page: 211[View Page 211] the report from the majority recommending its passage being read -
Mr. Boone and Mr. Ditternore favored the minority report, and Mr. Daggy, Mr. Steele and Mr. Dwiggins favored the majority report.
On motion of Mr. Hubbard, the minority report was laid on the table by - yeas, 22; nays, 20.
The majority report was then concurred in, and the bill ordered to be engrossed.
FEES AND SALARIES.
The Lieutenant Governor announced the order to be the consideration of the fee and salary bill.
Mr. Sleeth moved to amend section 12 by striking out all that authorizes the using by recorders of printed forms in which to record any deed, mortgage or other instrument, except such as are on hand or now in use.
Mr. Daugherty made an ineffectual motion to lay it on the table.
The amendment was agreed to.
Mr. Glessner moved to amend the bill by reducing the fee for surveying a town lot from $3 to $2 - the present law allowing $1 only.
An ineffectual motion was made to lay it on the table.
It was agreed to.
Mr. Taylor moved to amend the bill so as to allow County Commissioners $5 a day instead $4.
An ineffectual motion - 10 to 22 - was made to lay it on the table. The amendment was agreed to. Recess.
AFTERNOON SESSION.
Mr. Orr, from the Committee on County and Township Business, returned the resolution concerning distribution of the setts of AdjutantGeneral Terrell's report, with amendments distributing one set of eight volumes each to Senators and elective officers.
The report was concurred in, and so the resolution was adopted.
Mr. Glessner introduced a bill [S. 334] for an act relating to evidence and bills of exceptions in cases of appeal. [The original MSS. of the evidence taken by a short-hand reporter may be incorporated in bills of exceptions.] It was referred to the Judiciary Committee.
Mr. Hubbard entered a motion to reconsider the vote by which Mr. Glessner's bill [S. 27] authorizing directors of plank macadam and gravel road companies to amend their articles of association, was lost.
It was agreed to and the bill was referred to the Judiciary Committee.
Mr. Williams introduced a bill [S. 335] concerning deeds to school, saline and sinking fund lands, and legalizing, it was referred to the Judiciary Committee.
Mr. Gooding introduced a bill [S. 336] to fix the boundary line between the States of Indiana and Kentucky, near Evansviile. It was referred to the Judiciary Committee.
Mr. Orr introduced a bill [S. 337] for an act to amend section 1 of the act for the protection of the Sabbath, approved February 28, 1855.Mr. Slater moved to reject it.
Mr. Orr explained that the bill proposes to stop the running of Railroad cars in this State on the first day of the week.
The motion to reject was itself rejected by - yeas, 11; nays, 23.
The bill was referred to the Committee on Rights and Privileges.
Mr. Hough, from the Committee on the State Library, returned the concurrent resolution of inquiry concerning certain stationery purchased for the General Assembly by the State Librarian with a recommendation that it so pass. Report concurred in and resolution was adopted.
FEES AND SALARIES.
The Senate returned to the consideration of the Joint Committee's bill [S. 292] regulating the fees and salaries of officers.
Mr. Cave moved ineffectually to reduce the per diem of road viewers from $2 50 to $2.
On motion by Mr. Dwiggins, the words "including expenses," were stricken out, so the road viewers and reviewers shall have $2 50 a day exclusive of expenses.
Mr. Slater moved to amend by reducing the docket fee of Prosecuting Attorneys on plea of guilty in misdemeanor from $5 to $3. Tabledyeas 19, nays 18.
Mr. Dwiggins moved to amend so as to increase the per diem of township trustees from $2 50 to $3. Agreed to - yeas 27, nays 15.
On motion by Mr. Dwiggins, the clerks of counties were required to keep a cash hook in which shall be entered all fees received by him, the date of such receipt, etc., which shall be open for public inspection.
Mr. Hall moved, ineffectually (yeas 19, nays 24), for a new section embodying a system by which the financial situation of county treasurers may be ascertained at any time.
On motion by Mr. Rhodes, the word "treasurer" was inserted wherever the word "clerk" occurs in section forty.
Mr. Rosebrugh moved to amend the bill by making the coroner ex officio bailiff of the grand jury, at a per diem for such service of $250.
It was laid on the table; yeas 26, nays 14.
Mr. Dwiggins moved for an amendment to the bill allowing clerks whose, fees do not exceed $1,000 a year, not to exceed $300 a year, at the option of the county commissioners.
It was agreed to.
Mr. Williams offered a substitute for section 19, embracing a fee bill for constables, which was agreed to.
Mr. Daggy moved an amendment to section 23, authorizing coroners to employ a clerk to take down the evidence, and compel the attendance of jurors by attachment, which was agreed to.
Mr. Dwiggins moved a substitute section, increasing the fee of the Secretary of State, which was agreed to.
Mr. Armstrong moved to add to section 41, a proviso that this act shall not repeal the act of March 1, 1855, relating to the defalcation of officers, which was agreed to.
Mr. Rhodes moved that the report of the committee, as amended, be concurred in, and that the bill be ordered to be engrossed for a third reading on to-morrow, at half-past two o'clock P. M.
It was so ordered.
NEW STATE HOUSE.
On motion by Mr. Scott, the House concurrent resolution for the appointment of a joint committee of seven - four from the House and three from the Senate - which shall prepare a bill providing for the plan and estimates of the cost of a new State House, the same to be submitted to the next Legislature.
Mr. Daggy moved to amend so that the committee shall also decide on the site.
Mr. Thompson understood the Legislature has decided that question already in accepting the donation from the city of the adjoining square, and in the authority to purchase the ground adjoining this block.
Mr. Smith was decidedly in favor of a new State House, and it was the first duty of both Houses to take steps to build one, but he did not like this resolution.
Mr. Brown hoped some decisive action will be taken so as to construct and complete a new State House at the earliest possible moment; but as the resolution was vague and ambiguous, he moved to refer it to a special committee of three, with instructions to report at ten o'clock to-morrow. He desired the bill to be proposed and submitted to this General Assembly.
Mr. Scott also wanted the bill submitted to this General Assembly, and moved to amend the res- page: 212[View Page 212] olution so the committee shall report the bill to this General Assembly. Agreed to. The resolution as amended was adopted by yeas 44, nays 2.
The Presiding officer laid before the Senate a communication from the Governor embracing a report of the commission appointed to consider matters relating to the enlargement of the State House grounds, stating that said commission have contracted with the owners of the ground referred to in the act authorizing this commission by which the State is to allow the owners $300 per foot, amounting to $19,500; the State to have a fee simple title and immediate possession.
On motion by Mr. Gregg the communication was referred to the Joint Committee provided for in the House concurrent resolution just adopted.
On motion by Mr. Winterbotham, the constitutional restriction was dispensed with - yeas 43, nays 0 - and his bill [S. 273], to amend section 53 of the city incorporation act of March 14, 1867, so as to enable cities to construct wharves, dikes, piers and basins, fix the rates of wharfage, etc., was read by title only for the second reading, read by sections for the third reading, and passed the Senate by yeas 42, nays 2.
Mr. Winterbotham and Mr. Hubbard explaining that the intention of this bill is to legalize a similar one passed by the last Legislature; the words ''and public landing" being the only ones added.
Mr. Thompson moved to suspend the constitutional rule and take up the bill [H. R. 417] governing costs in the superior courts of this State, as the superior court is now collecting its cost without authority of law.
The motion was agreed to and the bill was passed to the final reading, and passed the Senate by yeas 41, nays 0.On motion of Mr. Gooding, his bill [S. 264] for an act to amend the charter of the city of Evansville so that councilmen may be elected alternately, was read the second time by title, the third time by sections, and passed the Senate under a dispensation of the constitutional restriction, by yeas 40, nays 0.
Adjourned.
