THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE
IN SENATE.
FRIDAY, February 28, 1873.The Lieutenant Governor, at half-past nine o'clock, took the chair. The reading of yesterday's minutes was dispensed with.Mr. Scott's introduced a joint resolution [No. 12] authorizing the Governor, Attorney General, Secretary and Auditor of State, or a majority of them, to close the contract for purchasing the ground belonging to private parties lying in the State House square, and directing an appropriation of $19,500 for that purpose to be incorporated in the specific appropriation bill.The joint resolution parsed by yeas 34, nays 0, with the title "A joint resolution confirming the purchase of additional ground whereon to erect a new State House."Mr. Wadge introduced a joint resolution [S. 13] ordering the sale of swamp lands to be suspended, except south of the National road, which was passed the Senate by yeas 39, nays 0.On motion by Mr. Scott, the bill [H. R. 87] to amend several sections of the common school law of March 14, 1867, in relation to school trustees, and adding supplemental sections thereto, was read.Also the bill [H. R. 360] to appropriate $150 for the distribution of the report of the Superintendent of Public instruction. Also the bill [H. R. 493] to amend section 8 of the township business act of February 18, 1859. Also the bill [H. R. 416] to amend the act of March 9, 1867, to authorize township school trustees and trustees of towns and cities to levy taxes for school purposes, &c. Also the bill [H. R. 55] to amend the common school law of March 6, 1865, and adding supplemental sections. Also the bill [H. R. 382] relative to the salary of the Superintendent of Public Instructionit shall be $2,000; were severally read the first time and referred to the Committee on Education, and made the special order for ten o'clock to-morrow.
SENATE BILLS PASSED.
Mr. Daggy's bill [S. 203] for an act authorizing the appointment of resident trustees to receive and manage trust funds held in other States for persons residing in this State, was read the third time and passed the Senate by yeas 36, nays 0.
Mr. Gregg's bill [S. 169] authorizing the organization of voluntary associations and prescribing their object and powers, was read the third time.
Mr. Gregg explained that this bill is to add to the act authorizing voluntary associations power to create what is known as building associations, in which men can lay a foundation for homes, which societies are very beneficial in their results.
The bill passed the Senate by yeas 39, nays 1.
Mr. Steele's bill [S. 188] to enable executors and administrators to enforce partition of decedents real estate in certain cases, and declaring an emergency, was read the third time and passed the Senate by yeas 41, nays 0.
Mr. Dittemore's bill [S. 173] to authorize school trustees of incorporated towns and cities to sell school property within its limits, was read the third time, and passed the Senate by yeas 38, nays 0.
Mr. Scott's bill [S. 187] to amend section 1 of an amendment act regulating weights and measures, same as the present law except that seventy pounds of coal shall be a bushel, was read the third time.
On motion by Mr. Carnahan, and by consent, the bill was amended so as make forty-five pounds of green apples constitute one bushel.
The bill passed by yeas, 32; nays, 7.
Mr. Orr's bill [S. 193] supplemental to the plank, McAdam and gravel road act of May 12, 1852, was read the third time.
Mr. Orr explained that this bill was to authorize the purchasers of plank, McAdam or gravel roads sold on execution, to form themselves into a corporation.
The bill passed by yeas, 28; nays, 10.
Mr. Daggy's bill [S. 204] to amend section 15 of the act of May 31, '52, prescribing the manner of compelling officers to give new bonds, etc., was read the third time.
Mr. Daggy explained the only change to be to cover the examination of bonds filed in the auditor's office, and compel good bonds to be filed in all cases in the county.
It was passed by yeas 36, nays 0.
Mr. Smith's bill [S. 223] to amend section 16 of the act of May 6, '52, concerning real property and the alienation thereof, was read the third time.
page: 215[View Page 215]The bill passed the Senate by yeas 28, nays 11.
Mr. Rhodes' bill [S. 218[ to encourage the destruction of foxes, was read the third time and passed the Senate by yeas 30, nays 14.
Mr. Boone's bill [S. 217] to authorize the satisfaction of mortgages in certain eases, was read the third time.
Mr. Boone explained that where the surviving husband or wife is the sole legatee and all debts are paid off the surviving party may enter satisfaction of record of any mortgage, when the same has been paid.
The bill passed the Senate by yeas 41, nays 0.
Mr. Friedley's of Lawrence, bill [S. 223] to legalise certain acts of Notaries Public, after the expiration of their commissions, was read the third time, and passed the Senate by yeas 40, nays 0.
Mr. Steele's bill [S. 289] to fix the salaries of Judges of the Supreme Court (at $4,000 from January 1, 1873) was read the third time.
The bill passed by yeas 38, nays 10.The Senate took a recess till two o'clock.
AFTERNOON SESSION.
Mr. Friedley, of Scott, introduced a bill [S. 338] for an act to amend section 40 of the act dividing the State into counties, etc., approved June 17, 1852, concerning the boundary line of Jennings county. It was referred to the Committee on County and Township Business.
On motion by Mr. Brown, the bill [H. R, 36] to amend sections 1 and 6, of the act of February 13, 1851, to incorporate the Franklin Insurance Company, was read the second time.
Mr. Sleeth moved to amend by reserving to the Legislature the right to repeal or amend any section of this act.
It was agreed to and the bill was passed to the third reading by consent.
Mr. Fuller's bill [S. 258] for an act to prevent betting on elections, was read the third time, and passed the Senate by yeas 28, nays 17.
PUBLIC PRINTING.
Mr. Beardsley's bill [S. 245] to provide for the letting of the State Printing to the lowest bidder was read the third time.
Mr. Dwiggins moved to recommit the bill with instructions to so amend as that contractors shall furnish all material, and strike out all that refers to a Superintendent of Public Printing. He desired that when the public printing is let the contractor shall furnish the material to do the work.
Mr. Brown moved to instruct the committee to strike out from the enacting clause and insert a substitute in lieu[being the bill H. R. 526.]Mr. Slater moved to lay both amendments on the table.
Mr. Brown demanding a division of the question -
The Senate laid the amendment [Mr. Brown's] on the table by yeas 32, nays 14.
The amendment instructions [Mr. Dwiggins'] was also laid on the table by yeas 34, nays 12.
On motion by Mr. Brown, and by unanimous consent, the bill was amended so that the contract shall not be let to non-residents of the State nor the work done outside of the State.
Mr. Brown moved to refer the bill to the judiciary Committee with instructions to provide that the contractor shall furnish all materials.
Mr. Dwiggins moved further instructions to report in thirty minutes the amendment providing that the Superintendent of Printing shall receive $6 a day for such time as he shall be necessarily and actually employed.
Mr. Fuller demanded the previous question.
The Senate seconded the demand, and under the operation of the previous question, Mr, Dwiggins' motion to recommit was rejected by yeas 19, nays 26.
The motion to refer [Mr, Brown's] was also rejected by yeas 11, nays 35.
The question then recurring on the passage of the bill, it was passed the Senate bv yeas 36, nays 10.
REORGANIZATION OF COURTS.
Mr. Brown moved to suspend the order of business so that the House amendments to the Joint Committee's bill [S. 238] redistricting the State for judicial purposes, abolishing the Court of Common Pleas, etc., may be taken up. The motion was agreed to by yeas 26, nays 17.
Mr. Dwiggins moved that the Senate concur in the amendments made by the House, and on that motion he demanded the previous question.
The demand for the previous question was seconded - affirmative 24, negative 19.
The House amendments were now read and concurred in by yeas 25, nays 19, as follows:
Yeas - Armstrong Beardsley, Beeson, Bowman, Brown, Carnahan, Chapman, Daggy, Dittemore, Dwiggins, Francisco, Friedley of Scott, Glessner, Gooding, Gregg, Howard, Hubbard, Miller, Neff, Oliver, Orr, Ringo, Rosebrough, Wage, Williams - 25.
Nays - Bird, Boone, Bunyan, Cave, Collett, Daughery, Fuller, Hall, Harney, Hough, Rhodes, Sarnighausen, Scott, Slater, Smith, Steele, Stroud, Taylor, Winterbotham - 19.
Mr. Brown moved to reconsider the vote, and lay this latter motion on the table.
The latter motion was agreed to.
Mr. Williams raised the point of order that the bill has to have 26 votes.
The Lieutenant Governor overruled the point of order, stating that on concurrence twenty-six votes are not required.
BREVIER REPORTS.
Mr. Gooding ottered the following:
Resolved, That the Secretary of State be, and he is hereby, directed to place on the desk of each Senator, the Lieutenant Governor, elective officers, and reporters three copies of the Brevier Legislative Reports of the recent special session of the General Assembly.
On motion by Mr. Wadge, the resolution was amended by including the laws and journals of the last session.
The resolution, as amended, was adopted.
NEW STATE HOUSE.
The Lieutenant Governor announced the committee on the part of the Senate to prepare a bill for the building of a new State House, viz: Messrs. Scott, Hall, and Chapman,
TERRE HAUTE AND INDIANAPOLIS RAILROAD.
Mr. Smith offered a joint resolution [S. 15] directing the Attorney General to bring suit against the Terre Haute and Indianapolis Railroad Company, and for other purposes connected therewith, in the Superior Court of Marion county, for the recovery of whatsoever sum of money may be due from said company to the State for the use of the common schools, and to prosecute the same to final judgment without delay. It also directs the prosecutor of the Sixth Judicial circuit to dismiss the proceedings in quo waranto now pending in the Owen Circuit Court against the Terre Haute and Indianapolis Railroad Company as soon as the suit herein provided for has been instituted.
On motion by Mr. Glessner, it was laid on the table by yeas 25, nays 20. Messrs. Brown, Collet, Daggy, Dittemore, Dwiggins, Gooding, Glessner, Gregg, Hall, Harney, Hough, Scott, Slater, Steel, Thompson and Ringo making explanations, which will appear in the Appendix to volume XIV of the Brevier Legislative Reports.
The Senate then adjourned till half-past nine o'clock to-morrow.
