THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
SENATE.
Monday, March 3, 1873.The President [Hon. Geo. W. Friedley] took the chair at nine o'clock A. M.
The reading of the Secretary's minutes of Saturday's proceedings was dispensed with.
Mr. Daugherty presented a claim which was referred to the Joint Committee on Claims without reading.
On motion by Mr. Banyan, House bills on the first reading were taken up.
WORK FOR COMMITTEES.
The bill [H. R. 380] legalizing summonses, executions, and other writs of law issued by justices directed to marshals of any incorporated cities in this State, was read the first time and referred to the Judiciary.
The bill [H. R. 376] to authorize tax trustees to levy an additional tax not exceeding twenty-five per cent. on the hundred dollars worth of taxable property, for the purpose of liquidating debts incurred on account of school houses etc., was read the first time and referred to the Committee on Education.
The bill [H. R. 411] to amend section forty-four of the common school law of March 6, 1855, was read the first time and referred to the Committee on Education.
The bill [H. R. 434] supplemental to the act of June 15, 1852, concerning licenses, to vend foreign merchandise, etc., was read the first time and referred to the Committee on Agriculture.
The bill [H. R. 377] declaratory of the law as to the eligibility of women to certain offices therein mentioned - elective by the general assembly or appointed by the Governor, was read the first time and referred to the Committee on Rights and Privileges of the inhabitants of the State.
The bill [H. R. 334] to repeal section 224 of the general practice act of June 18, 1852, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 415] to amend section 23, 24, 26, 36, 37 and 43 of the city incorporation law of March 14, 1867, was read the first time and referred to to the Committee on Finance.
The bill [H. R. 68] to amend the seventh clause of section 22 of the act of June 11, 1852, for the incorporation of towns, defining their powers, etc., was read the first time and referred to the Committee on Corporations.
Mr. Wadge offered a resolution directing the State Librarian to furnish the clerks and doorkeepers with sets of Adjutant General Terrill's report.
It was adopted.
The bill [H. R. 444[ relating to the sale of the county jail and court house of Perry county, was read the first time and referred to a select committee, viz: Messrs. Fuller, Ringo, Bird, Cave and Straud.
The bill [H. R. 272] to regulate the sale of mineral oil and other illuminating purposes, was read the first time and referred to the Committee on Rights and Privileges.
The bill [H. R. 473] for the incorporation of companies formed for the construction of bridges over any river or stream forming the boundary of this State or any part thereof, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 416] granting the consent of Indiana for the purchase by the United States of certain lands in Evansville, upon which to erect public buildings, was read the first time and referred to the Committee on Federal Relations.
The bill [H. R. 395] relating to service of summons and publication of notice in civil actions, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 424] to amend section 120 of the general criminal practice act of June 17,1852, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 465] fixing the time, of holding courts in the Tenth Judicial Circuit, was read the first time and referred to the Committee on Organization of Courts of Justice.
The bill [H. R. 344] in relation to the terms of the Circuit and Common Pleas Courts in Gibson county, was read the first time and referred to the Committee on Organization of Courts.
The bill [H. R. 356] concerning cemeteries, was read the first time and referred to the Committee on County and Township Business.
The bill [H. R. 275] to provide for the acquisition and enjoyment by the United States of lands in this State for public purposes, was read the page: 225[View Page 225] first time and referred to the Committee on Federal Relations.
The bill [H. R. 504] supplemental to the assessment of property act, approved December 21, 1872, was read the first time and referred to the Committee on Finance.
The bill [H. R. 333] concerning the granting of divorces, was read the first time and referred to the Committee on Rights and Privileges.
The bill [H. R. 422] fixing the terms of the courts of common pleas in Dearborn county, was read the first time and referred to the Committee on Courts of Justice.
The bill [H. R. 421] fixing the terms of the circuit court in Dearborn county, was read the first time, and referred to the Committee on Organization of Courts.
The bill [H. R. 270] to provide for the service of summons before justices of the peace, where the defendants reside in adjoining counties, was read the first time and referred to the Judiciary Committee.
The bill [H. R. 282] to fix the times of holding courts in the Twentieth Common Pleas District, was read the first time and referred to the Committee on the Organization of Courts of Justice.
The bill [ H. R. 311] fixing the time of holding courts in the Fifth Judicial Circuit, was read the first time and referred to the Committee on Courts.
At the suggestion of Mr. Williams and Mr. Daggy, the presiding officer (Mr. Beardsley in the chair), other court bills from the House of Representatives were passed over informally, as superceded by the passage of the bill reorganizing courts of this State.
The bill [H. R. 341] supplemental to the act for the relief of the State University, of March 2, 1859, so that university lands may be sold, etc, was read the first time and referred to the Committee on Education.
The bill [H. R. 201] exempting city property from sale on execution, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 191] defining misdemeanors and prescribing punishment therefor - the unlawful cutting of timber - was read the first time and referred to the Committee on Agriculture.
The bill [H. R. 271] to amend section 652 of the general practice act of June 18, 1852, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 266] to amend the highway act of June 17, 1852, was read the first time and referred to the Committee on County and Township Business.
The bill [H. R. 303] to amend sections 2 and 6 of the act of March 6, 1869, providing for a geological survey, the appointment of a State Geologist, etc., was read the first time and referred to the Committee on Agriculture.
The bill [H. R. 236] providing for taking the snese of voters on the question of calling a Constitutional Convention, was read the first time and referred to the Committee on Elections.
The bill [H. R. 376] concerning cemeteries, was read the first time and referred to the Committee on County and Township Business.
The bill [H. R. 235] to prevent township trustees from levying a tax for road purposes on real and personal property in any town or city, was read the first time and referred to the Committee on County and Township Business.
The bill [H. R. 339] defining certain felonies and prescribing punishment therefore, was read the first time and referred to the Committee on the Judiciary.
The bill H. R. 408] to amend section 311 of the civil practice act, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 390] to amend section 447 of the civil practice act, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 186] to amend the act declaring the having a knowledge of an insane woman in certain cases to be a felony, approved March 5, 1859, was read the first time and referred to the Committee on the Judiciary.
The bill [H. R. 354] to consolidate certain school funds lands, etc., into non-negotiable bonds etc., was read the first time and referred to the Committee on Finance.
The bill [H. R. 456] to amend the charter of the town of Clinton, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 319] defining the crime of embezzlement by certain officers, was read the first fime and referred to the Committee on the Judiciary.
The bill [H. R. 368] regulating Legislative practice as to the allowance of claims against the State of Indiana, was read the first time and referred to the Committee on Claims.
The bill [H. R. 288] supplemental to the act of May 12, 1852, concerning plank, gravel or McAdams Road Company, was referred to the Committee on Corporations.
The bill [H. R. 430] to amend Sec. 5 and 6 of an act authorizing County Boards to declare water courses navigable, was read the first time and referred to the Committe on County and Township Business.
The bill [H. R. 453] to legalize in corporation of the town of Kentland and the acts of their Board of Trustees, was react the first time and referred to the Committee on Corporation.
The bill [H. R. 362] to amend Sec. 3 of the act concerning owners of animals killed by cars, etc., of March 1, 1853, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 447] to amend Sec. 1 of the Highway Act of March 11, 1867, was read the first time and referred to the Committee on Agriculture.
The bill [H. R. 312] to provide against intoxication on the part of the public officers, was read the first time and referred to the Committee on Temperance.
The bill [H. R. 335] authorizing the Auditor of Scott county to correct the report made to the Superintendant of Public Institutions, was read the first time and referred to the Committee on County and Township Business.
The bill [H. R. 534] legalizing amendments and collection of municipal taxes of Lawrenceburg, for the year 1871-2 was read the first time and referred to the Committee on Corporations.
The bill [H. R. 489] to amend, section five of the act incorporating the town of Huntington, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 495] to amend section one of an amended act of the act incorporating the town of Vernon, was read the first time and referred to the Committee on Corporations.
The bill [H. R. 526] to provide for the public printing and binding, was read the first time and referred to the Committee on Printing.
Pending the reading of the above described bills -
Mr. Taylor, by request, introduced a bill ]S. 340] for an act in relation to Purdue University and for a reorganization of the board of trustees thereof, which was read the first time and referred to the Committee on Education.
Mr. Oliver submitted a resolution with regard to a claim for days work, which was referred to the Committee on Claims without reading.
THE INSANE.
When the files were cleared of House bills on the first reading -
On motion of Mr. Dittemore, the reports from the special committee on the bill S. 290 were read. The majority of the committee recommend amendments to to the bill [S. 290], suspending the active operations of the act providing a Female Reformatory Institute, and changes its uses to the care and comfort and treatment of the insane of the State. The minority of the committee dissents from the majority, protesting against the conversion of the building from the uses to which it was designed.
page: 226[View Page 226]On motion of Mr. Dwiggins, the bill and reports were made the special order for three o'clock to-day.
Mr. Oliver introduced a bill [S. 241] to amend the act authorizing horse car railway companies to use public highways, etc. In asking for leave to submit this bill -
Mr. Oliver said: The bill handed me for introduction simply extends section fifteen of the general railroad law to street railway companies that is, where a street railway company desires to extend its line beyond the corporate limits, and can not, by compromise with the land owner, obtain the right of way. Such company may proceed, under the same section, to condemn the land, assess and pay the damage, and then secure the right of way, as railway companies generally may do.
On motion of Mr. Hough, his bill [S. 34] to amend sections ninety and one hundred and three of the criminal practice act of June 17, 1852, with reference to witnesses, was read the second time and ordered to be engrossed.
On motion of Mr. Harney, his bill [S. 300] authorizing counties to aid drainage companies was made the special order for four o'clock today.
Mr. Gregg introduced a joint resolution [S. 16] in relation to railroad corporations, directing the Attorney General to take charge of all suits instituted in the name of the State against any and all railroads in quo warranto proceedings er otherwise, and moved that it be made the special order for half past four o'clock this afternoon.
Mr. Brown moved to amend this motion by referring this resolution to the Judiciary Committee in order that the whole matter may be investigated.
Pending which came a recess till two o'clock.
AFTERNOON SESSION.
President Friedley took the chair at 2 P. M.
On motion of Mr. Brown, the bill [H. R. 36] to amend the charter of the Franklin Insurance Company was taken up, and he moved to reconsider the vote adopting an amendment reserving the right of the Legislature to exercise control over the length of time the charter may run.
Mr. Gooding and Mr. Brown insisted that the amendment was very unjust, and would in a great measure destroy the usefulness of the company.
Mr Hubbard believed if any enlargement of this charter is made, the General Assembly should hold the reins, and not forever put it out of the power of the people of the State to control these corporations in the future.
Mr. Brown explained that this bill simply changes the name of this company, asks that stockholders shall vote as in other corporations, and provides for an extension of time-perpetual. Mr. Scott objected to the amendment.
Mr. Dwiggins doubted the propriety of authorizing the organization of a corporation and then allowing the legislature to repeal the entire charter.
Mr. Hubbard believed it better for the people, to keep all corporations within the power of the people's representatives,as in England the power of Parliament over all corporations is unlimited.
Mr. Hall made an ineffectual motion to lay on the table the motion to reconsider. The motion to reconsider was agreed to by yeas 29, nays 11.
On motion by Mr. Brown the amendment was laid on the table.
Mr. Hall moved to strike out the word perpetual.
On motion by Mr. Brown - yeas 32, nays 9 - the bill was read the third time.
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 then passed the Senate by yeas 30, nays 12, without amendment.
COUNTY SCHOOL SUPERINTENDENTS.
The bill [H. R. 25] to amend the School Law of March 6, 1865, being the special order, was now called up.
Mr. Dwiggins moved to amend section two, by making the first meeting of the township trustees to elect a county superintendent in "1874" instead of "1873," and bi-ennially" thereafter, instead of "tri-ennially."
Mr. Steel moved to lay the amendment on the table.
Mr. Dwiggins demanded a division of the question. The Senate refused to lay the first clause of the amendment on the table, yeas 18, nays 21.
Mr. Dwiggins obtained leave to withdraw that part of his amendment.
The Senate refused to lay on the table the second clause of the amendment.
The amendment striking out "tri-ennially" and substituting "bi-nnially" in lieu, was agreed to.
Mr. Dwiggins moved to further amend by striking out the words "and an experienced and successful teacher" where they refer to the qualification of the County Superintendent.
Mr. Scott doubted the expediency of this amendment.
Mr. Rosebrough, Mr. Harney, Mr. Dwiggins and Mr. Brown favored the amendment. Agreed to.
Mr. Dwiggins moved to amend section four by striking out the words "and as much oftener as he may deem it necessary" he shall visit each school in the county - agreed to.
Mr. Dwiggins moved to further amend section 4 by providing that nothing in this act shall abridge legal rights in cases arising in the courts under the school law.
It was agreed to.
Mr. Dwiggins moved to amend section 9 by adding thereto "unless such absence [from the Teachers' Institute] shall be occasioned by sickness."Mr. Rosebrough moved to amend action 2 by investing the election or appointment of County Examiners in the Board of Commissioners instead of Township Trustees.
Mr. Scott hoped the Senate would not make this change. The township trustees are more directly from the people, and more interested in this matter.
Mr. Dwiggins also opposed the amendment, for the township trustees now employ teachers, and are well acquainted with the wants of their several neighborhoods.
The amendment was rejected by yeas 18, nays 22.Mr. Scott moved to add to section 2 a provision that whenever a vacancy occurs the trustees must assemble and fill the vacancy. The Auditor to give the casting vote in case of a tie, and keep a record.
It was agreed to.
The bill was then read the third time and passed the Senate by yeas 26, nays 15. An amendment being made by Mr. Dwiggins, by consent, that the County Examiners shall continue to discharge their duties till the County Superintendents be elected and qualified.
The bill [H. R. 410] to amend the act of March 9, 1867, authorizing and directing trustees to levy a school tax, not to exceed 25 per cent., so as to maintain the common schools six months In every year - being part of the special order for this afternoon - was read the third time and failed to pass - yeas 22 nays 19two-thirds not voting in the affirmative.
Mr. Dwiggins and Mr. Howard explaining their negative votethe tax will bear more heavily on the weaker counties under this bill.
The bill [H. R. 87] to amend the common school law of March 6, 1865, and adding supplemental page: 227[View Page 227] sections - another bill belonging to the special order for this afternoon - was read the third time.
Mr. Hough asked and obtained unanimous consent to amend section eleven by allowing $5 per day and five cents mileage, so as to make it correspond with a bill heretofore reported.
Mr. Haworth moved ineffectually for unanimous consent to amend section twenty-nine so that the people of the district may choose the teacher.
Mr. Friedley, of Scott, asked but failed to obtain consent to amend so the school term shall commence the first Monday in September instead of July, as the bill reads.
The bill finally passed by yeas 26, nays 16.
Mr. Dittemore called up the special order, being reports from the Special Committee on the bill [S. 290] in relation to converting the Women and Girls' Reformatory into a Hospital for the Insane - the question being on the minority report against the proposed change, submitted just before the recess for dinner, by Mr. Thompson.
It was laid on the table, on motion by Mr. Dittemore.
Mr. Thompson spoke against the passage of the bill.
Mr. Dittemore supported the proposition of the committee, believing that it would only require an additional appropriation of $8,000 to put the building in order for the reception of the insane.
Mr. Harney stated that this building has been standing for two years unused; it is plastered, heating apparatus is there, the gas pipes are in, and it is in easy reach of water work pipes. The only question is which claims are the most pressing, the insane or a class needing a reformatory institution. As a temporary measure, he favored the report of the committee.
Mr. Hall said the result of the passage of this bill would be to deprive the insane of what really should be done for them. Instead of providing for two hundred, as this temporary plan would, there should be provision made for fifteen hundred.
The report of the majority was concurred in by yeas 37, nays 6, and the amendment was ordered to be engrossed.
Mr. Friedley, of Lawrence, moved that the constitutional restriction be dispensed with, that the bill may be put on its passage now.
The motion was agreed toyeas 38, nays 4the bill read the third time and passed the Senate by yeas 36, nays 6.Mr. Smith suggested that the salaries of the officials of this institution should be set out in the bill.
On motion of Mr. Collett, his bill [S. 273] in relation to the construction of railroads was read the third time, Mr. C. explaining that its intention is to apply only to two short roads in his part of the State.
Mr. Carnahan opposed the passage of the bill, fearing it may effect other cases than the ones intended. He was tired of these kind of railroad bills. He moved this one be indefinitely postponed.
Mr. Collett said there could be no injustice in requiring people to comply with the bargains they may make in exact terms; and that is the main principle running through this bill.
Mr. Brown was satisfied this bill would not affect the roads of this State injuriously.
Mr. Smith insisted that a minority opposing railroad taxes in any shape, should not be cutoff from their day in court.
Mr. Hubbard believed this bill would effect a case now in the St, Joseph Court, and thought the minority should have the right to make a defense material.
The passage of the bill was also opposed by Mr. Rhodes and Mr. Dwiggins.
Mr. Carnahan withdrew his motion to indefinitely postpone, that the vote may be taken directly on the passage of the bill. He opposed granting powers to corporations that are refused individuals.
The bill failed to pass for want of the Constitutional majority of twenty-six Senators - the vote resulting, yeas, 20; nays, 15.
Adjourned.
