THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
SATURDAY, MARCH 1, 1873.The Lieutenant Governor took the Chair at half-past nine o'clock A. M., and requested members and officers to stand while prayers were offered by Rev. S. S. Hunting, of the Unitarian church.
The reading of yesterday's minutes were dispensed with.
Mr. Dittemore offered a resolution, which was adopted, allowing the Secretaries of the Senate five hundred dollars for indexing the Senate journals, etc.
Mr. Fuller presented a petition looking to Federal action by which the time may be extended for filing applications for pensions by wounded soldiers. It was referred to the Committee on Federal Relations
Mr. Orr, from the Committee on County and Township Business, returned Mr. Thompson's bill [S. 243] appointing Commissioners to sell real estate, with a favorable report thereon.
He also returned from the Committee on Agriculture Mr. Friedley's, of Scott, bill [S. 206] to encourage agricultural fairs, with amendments adding "on petition of a majority of the votes of said county," etc.
These reports were severally concurred in.
Mr. Smith introduced a bill [S. 339] for an act to amend section six of the Divorce Law. It was read the first time and referred to the Committee on the Judiciary
REPORT FROM COMMITTEES.
Mr. Sleeth, from the Committee on Claims, returned several claims in the Burson contested election case of 1871, with favorable reports thereon, which were severally concurred in.
THE ASSESSMENT LAWS.
Mr. Boone, from the Judiciary Committee, returned Mr. Sarnighausen's bill [S. 294] to amend the assessment act of December 21, 1872, with amendments, striking out the word "June" and inserting in lieu the word "September," so that taxes may be levied at the September term of the Board of Commissioners, and adding new matter.
Mr. Taylor moved to amend the report by providing that the provisions of this act shall apply to cities and incorporated towns in this State.
It was agreed to.
Mr. Sleeth moved to further amend the report by inserting in section 57 and section 59, The words "or banks organized under the laws of this State," so that the property of all banking institutions shall be taxed.
Mr. Daugherty moved to lay this amendment on the table.
The motion was agreed to, by yeas, 26; nays, 14.
Mr. Harney said this bill has been so changed that its best friend would scarcely know it.
After further remarks by Messrs. Harney, Boone and Howard - Mr. Smith suggesting the point of order that if this is a bill for the purpose of raising revenue, the constitution provides that all such shall originate in the House of Representatives. The report of the committee was concurred in by yeas, 36, nays, 11.
The amendments were ordered to be engrossed.
Mr. Williams, though the bill is not such as he desires, moved that it be put on its passage now.
The Senate so ordered, and the bill was passed the Senate by yeas, 40; nays, 1it changes the time of making assessment returns to the Boards of Equalization from the first of April to the first of July, and repeals sections 247, 248 and 249 of the act of December 21, 1872, which gave the right to purchase at private sale delinquent lands that remain unsold from any cause.
REPORTS FROM COMMITTEES.
Mr. Carnahan, from the Committee on Claims, returned sundry claims in the Burson contested election case of 1871, with favorable reports thereon.
On motion by Mr. Taylor all these claims were ordered transferred to the Joint Committee on Claims, including all now in the hands of the Senate Committee on Claims
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [S. 335] concerning deeds to saline school and sinking fund lands, with a favorable report.
Mr. Boone, from the same committee, returned Mr. Bird's bill [S. 293] to authorize married women to sell and convey certain interest in real page: 200[View Page 200] estate, recommending the adoption of a substitute therefor, striking out from the enacting clause and inserting new matter.
He also returned the bill [S. 331[ fixing the times of holding Commissioners Courts in counties, of 30,000 inhabitants and over, with a favorable report.
Mr. Hall, from the Committee on Corporations, returned Mr. Beeson's bill [S. 326] to authorize cities and towns who have issued bonds to erect school buildings, to issue new bonds to redeem those past due, with a favorable report.
Mr. Boone, from the Judiciary Committee, returned the bill [S. 334] relating to evidence in bills of exceptions in certain cases of appeal with a favorable report.
He also, from the Committee on Railroads, returned Mr. Collett's bill [S. 273] relating to the construction of railroads, with an amendment, striking out from the enacting clause and inserting new matter, which, on motion of Mr. Dwiggins, was considered as the second reading of the bill.
Mr. Hough, from the Committee on Claims, reported favorably on several claims, a dozen or so, in the Burson contested election case of 1871.
Mr. Daugherty, from the Committee on Finance, returned Mr. Slater's bill [S. 288] regulating the legal rate of interest at 8 per cent, with a recommendation, that it be indefinitely postponed.
Mr. Slater moved to lay the report on the table.
Mr. Dittemore moved to lay both the report and bill on the table.
Mr. Slater demanded, a division of the question.
The Senate refused to lay the report on the table by yeas 3, nays 38.
Mr. Ditlemore now withdrew his motion.
COMMON SCHOOLS.
Mr. Scott called up the special order being the bills [H. R. 89, 369, 493, 410, 55 and 382] referring to school matters.
Mr. Armstrong, from the Committee on Education, returned the bill [H. R. 87] to amend the common school law of March 6, 1865, adding supplemental sections with amendments, striking out the word "July," and inserting in lieu the word ''April."
Mr. Glessner, from the same committee, returned the bill [H. R. 382] to fix the salary of Superintendent of Public Instruction at $2,000, with a favorable report.
Also the bill [H. R. 410] to amend the act authorizing township trustees of towns and cities to levy a tax for school purposes with a favorable recommendation.
Mr. Hough, from the same committee, returned the bill [H. R. 55] to amend the common school law of March 6,1865, and adding supplemental sections, with a recommendation that it pass.
Mr. Scott, from the same committee, returned the bill [H. R. 360] to appropriate $150 for the distribution of the report of the Superintendent of Public Instruction, with a similar report.
Also the bill [H. R. 493] to amend section 8 of the township business act of February 18, 1859, with a similar report.
These reports were severally concurred in.
Mr. Scott moved that the constitutional restrictions be dispensed with; that these bills be severally read the second time by title only, then by sections for the third reading, and put upon their passage.
Mr. Dittemore, Mr. Brown and others objecting, the former entering his solemn protest against this summary way of disposing of important bills.
Mr. Scott withdrew his motion.
The bill [H. R. 87] to amend the common school law of March 6, 1865, and adding supplemental sections, being read the second time,
Cave moved to amend by substituting"September" for "October" in section - .
Mr. Scott opposed making any material changes in the bill for fear of losing the whole thing.
Mr. Dwiggins opposed the amendment, the object of the bill being to have the old trustees make settlement and the new trustees qualify at the October session of the Board of Commissioners.
Mr. Cave desired these settlements or reports to be received at the September term instead of calling the board together in October for that special purpose.
Mr. Scott thought the only difficulty about the amendment is that it would require a settlement about six weeks before the terms of offices of these trustees expire.
The amendment was rejected by yeas 12, nays 30.The bill was thus passed to the third reading.
Mr. Gooding moved that a dispensation of the constitutional rules that the bill may be passed to the final vote.
On motion by Mr. Dwiggins the motion was laid on the table.
The bill [H. R. 360] to appropriate $150 for the distribution of the report of the Superintendent of Public Institution was read the second time, and passed to the third reading.
The bill [H. R. 493] to amend section eight of the act of February 18, 1859, to provide for a more uniform mode of doing township busines, was read the second time and passed to the third reading.
The bill [H. R. 410] to amend the act of March 9, 1867, authorizing school trustees of civil townships and towns and cities to levy taxes for school purposes, was read the second time and passed to the third reading.
The bill [H. R. 55] to amend the common school act of March 6, 1865, and adding supplemental sections thereto, was read the second time. It proposes to substitute a county superintendent for the county examiner, and enlarge the duties of said officer.
Mr. Fuller moved to amend section 6 by inserting after the word "shall," the words, "when ordered by the County Commissioners"shall examine the county records.
Mr. Scott thought the amendment a very plausible one, but it would almost destroy the usefulness of the County Superintendent.
The amendment was agreed to upon a division of the Senate.
Mr. Orr moved to amend section 9 by striking out the last clause of the section, which is in these words, "or forfeit one day's wages for each day's absence therefrom." [The Teachers' Institute.]
Mr. Scott thought there was no danger in leaving this clause in.
The amendment was rejected by a rising vote.
Mr. Dwiggins regarded this as a radical change in the law, and he moved that the bill lie on the table, and 100 copies of the bill be printed.
The motion was agreed to.
The bill [H. R. 382] relative to the salary of the Superintendent of Public Instruction - it shall be $2,000 - was read the second time and passed to the third reading.
Mr. Scott moved to dispense with the constitutional restriction, that all these House bills may be read the third time to-day and severally put upon their passage.
Mr. Brown raised the point of order that such a motion can not be made.
The Lieutenant Governor sustained the points of order.
Mr. Scott then moved for a dispensation that the bill read may be put upon its passage now, pending which the Senate took a recess till two o'clock.
page: 221[View Page 221]AFTERNOON SESSION.
Mr. Scott offered a resolution, which was adopted, allowing the Secretary to employ two additional clerks.
Mr. Fuller introduced a joint resolution [S. 15] Instructing and requesting Indiana Congressmen to use their influence to secure the passage of a law extending the time for the filing of applications for pensions by disabled soldiers.
It was passed the Senate by yeas 85, nays 0.
Mr. Thompson, from the Committee on Benevolent Institutions, returned the bill [S. 333] for the relief of indigent cripples, with a recommendation that it pass.
Mr. Rhodes, from the Committee on Fees and Salaries, returned the bill [H. R. 330] supplemental to the act fixing the per diem and mileage of members of the General Assembly, with an amendment striking out the second section - being the emergency clause.
Mr. Brown suggested that such a law would not be binding on any subsequent Legislature, and he would like to see it lay on the table. It is a waste of time to enact a law that can be repealed in a day by any future Legislature.
Mr. Wadge suggested that this bill might cut off the Brevier Reports, just being distributed on the desks of members, the acts, journals and other books.
Several members. Strike out the wrord "books."
A Senator. If that bill passes it will exclude members from receiving any Brevier Reports.
Mr. Brown moved to lay the bill on the table.
The motion was agreed to by yeas 23, nay 15.
Mr. Scott renewed his motion for a dispensation of the Constitutional rule so that the bill [H. R. 382] relative to the salary of the Superintendent of Public instruction may be put on its passage now.
The motion was agreed to by yeas, 37; nays, 5.
The bill was read the third time and passed by yeas, 27; nays, 13.
On the further motion by Mr. Scott, the Constitutional restriction was further suspended - yeas, 39; nays, 3 - and the bill [H. R. 360] appropriating $150 for the distribution of the reports of the Superintendent of Public Instruction, was read the third time and passed the Senate by yeas, 32; nays, 7.
Mr. Scott moved for a further dispensation that the bill [H. R. 410] to amend the law so as compel school trustees to levy a tax of 25 cents on the $100, in order that a school may be kept up for six months in the year in each township might be pressed to the final vote.
Mr. Cave believed this bill would compel a tax of 25 cents in addition to the 16 per cent, now authorized by law, which would make a tax of 41 cents.
Mr. Slater was in favor of voting every dollar for common school purposes that the people will ask. H> hoped the bill would pass.
Mr. Williams suggested Constitutional difficulty - here must be a school system alike in all the counties of the State.
Mr. Rhodes said the present law allows Township Trustees to levy a school fund not to exceed twenty per cent on the $100, and this bill proposes to make it imperative on the Township Trustees to levy such a tax, which added to the money he receives from other sources, will keep the school open six months. The trouble now is that some trustees levy no tax at all, and the result is that the school terms are now irregular in the several townships in the State.
Mr. Gooding hoped the motion would prevail, and that the bill may be passed.
The motion to suspend the constitutional rule was rejected by yeas 30, nays 10 - two-thirds not voting in the affirmative.
On motion by Mr. Scott, this bill was made the special order for Monday at two o'clock P. M.
On motion by Mr. Brown, the bill [H. R. 87] was made the special order for two o'clock P. M.
Mr. Scott moved for a further dispensation that the bill [H. R. 493] changing the time of settlement of Township Trustees from March to June, may be passed to the final vote now.
Mr. Cave hoped the motion would carry, as it was very necessary this bill should be passed.
The motion to dispense with the constitutional restriction was agreed to by yeas 39, nays 4.
The bill [H. R. 493] to amend section 8 of the act regulating township business, approved February 18, 1859, was read the third time and finally passed by yeas 41, nays 0.
FEES AND SALARIES.
On motion of Mr. Rhodes the fee and salary bill [S. 292] was read the third time.
Mr. Williams asked and failed to obtain unanimous consent to amend section 19 so that when constables shall call any one to their assistance, the assistants shall be paid the same fee as the officer.
Mr. Brown regarded it as impracticable to allow this power to constables who may be timid and may desire to put fees in the pockets of some friends or bystanders.
Mr. Williams asked but failed to obtain unanimous consent to amend section 10 by providing that the fee for recording a deed or mortgage shall include the certificate accompanying.
The bill passed the Senate by yeas 29, nays 14 as follows:
Yeas - Messrs. Armstrong, Bird, Boone, Bowman, Brown, Carnahan, Chapman, Collett, Daggy, Daugherty, Dittemore, Fuller, Francisco, Friedley of Scott, Gooding, Harney, Oliver, Orr, Rhodes, Sarnighausen, Scott, Smith, Steele, Stroud, Taylor, Thompson, Wadge, Williams and Winterbotham - 29.
Nays - Messrs. Beardsley, Bunyan, Cave, Dwiggins, Friedley of Lawrence, Gregg, Hall, Haworth, Hough, Howard, Hubbard, Miller, Neff and Slater - 14.
Pending the roll call -
Mr. Fuller, when his name was called, in explanation of his vote, said that this bill would create the highest salaries ever known in this State. In the county of Marion he believed some officers would make $30,000 a year. This is a much higher fee bill than the one passed two years ago, and he voted for it under protest only, because the present law is differently construed by different county officers, and because the people are demanding a change, and this is the only chance the present session.
Mr. Neff, in explanation of his vole, when his name was called, said he was a member of that joint Committee on Fees and Salaries which had reported this bill as a compromise, but since then it has been so changed by amendments, he could not vote for it. He had compared this bill with the fee and salary acts since 1855, and was constrained to say with the Senator from Warrick (Mr. Fuller) that we never have had so objectionable a fee bill on the statute book as this would be, and that the highest fees ever known in our State will be paid by this fee bill should it become a law. Having satisfied himself of this, he was compelled to vote "no."
Mr. Orr and Mr. Thompson voted "aye" under protest.
Mr. Friedley, of Scott, desiring his name to be called said he was not satified with the bill, but his people want a change from the present law, and if this bill were not passed there would be no change for two years to come, consequently, he felt compelled to vote "aye" under protest.
Mr. Gooding, directing his name to be called, said in explanation that this bill didn't suit him, but as his people were clamorous for a change from the present law be would vote "aye."
Mr. Boone, asking that his name be called, said he thought part of the bill right and part of it not right, but as there seems to be two fee bills now in Indiana, one in force in one county and another in another, in order to get the thing page: 222[View Page 222] regulated so that there may be uniformity throughout the State, he would vote aye.
The result was then announced as above recorded.
So the bill passed the Senate.
On motion by Mr. Scott, the title was amended by adding "and providing duties to be performed by State, county and township officers.
The Senate adjourned until Monday at nine o'clock A. M.
