THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, March 6, 1873.The Lieutenant Governor took the chair at half-past nine o'clock A. M.
The reading of the Secretary's minutes were were dispensed with.
On motion by Mr. Scott the bill [H. R. 224] to amend section one of the act for the incorporation of the Seminary of St. Mary of the Woods, was read the first time and referred to the Committee on Corporations.
Also the bill [H. R. 195] to amend the first section of the act to incorporate the University of Notre Dame Du Lac at South Bend, Indiana, was read the first time and referred to the Committee on Corporations.
On motion by Mr. Dwiggins the bill [A. R. 226] to amend section 453 of the general practice act of June 17, 1852, was read the first time and referred to the Committee on the Judiciary.
Mr. Cave introduced the following:
WHEREAS, House bill No. 446 being an act entitled an act to repeal section fifty-five of an act entitled an acted to authorize and regulate the business of general banking, approved March 3, 1855, which passed the House on the 19th day of February, 1873, and was reported to the Senate on the same day, has disappeared from the files of the Senate; therefore,
Resolved, That the Secretary of the Senate be and he is hereby directed to produce said House bill No. 446 to this Senate at once.
On motion of Mr. Dittemore it was laid on the table.
Mr. Hough, from the Committee on Printing, returned the bill [H. R. 526] in relation to the State printing and binding, with an amendment.
The report was concurred in, and the reading was regarded as the second reading of the bill. The amendments were ordered to be engrossed.
Mr. Dwiggins, from the Committee on Corporations, returned the bill [H. R. 453] [title not named] with a favorable report.
Mr. Hubbard, from the same committee, returned the bill [H. R. 226] to amend section 1 of the act to incorporate the Female Seminary of St. Mary's, and H. R. 195, to amend the charter of the Notre Dame University, with favorable reports. Also the bill [H. R. 68] to amend section 22 of the town incorporation act. Also the bill [H. R. 473[ for the incorporation of bridge companies. Also the bill [H. R. 495] to amend the act incorporating the town of Vernon. Also the bill [H. R. 534] to legalize assessments made by the trustees of the town of Somerset. Also the bill [H. R. 456] to amend the charter of Clinton, with favorable reports.
They were concurred in by one vote, which proceeding being objected to by Mr. Steele, the Lieutenant Governor said the Secretary's minutes would show that concurrence was had on each separately.
Mr. Fuller, from the special committee on the bill ]R. R. 444] for the sale of the court-house of Perry county, returned the same with a favorable report.
Mr. Taylor, from the Committee on Finance, returned the bill ]H. R. 354] to consolidate certain mortgage loans from the school fund into non-negotiable bonds, with a favorable report.
Mr. Bunyan, from the Committee on County and Township Business, returned the bill [H. R. 426] to amend sections 5 and 6 of the act authorizing boards to declare water courses navigable, with a favorable report.
Also the bill [H. R. 355] to authorize the Auditor of Scott county to correct his report to the Superintendent of Public Instruction, with a favorable report.
Mr. Chapman, from the Committee on Military Affairs, returned the bill [S. 260] fixing the salary of the Adjutant General, with a recommendation that it lie on the table.
Mr. Fuller, from the Committee on County and Township business, returned the bill [H. R. 356] concerning cemeteries, with a favorable report.
Mr. Daggy, from the Committee on the Judiciary, returned the bill [H. R. 339] defining certain felonies, with amendment - clerical.
Also the bill [H. R. 339] to amend section 6 of the Divorce Law, with a recommendation that it lie on the table.
Also the bill [H. R. 271] to amend section 652 of the general practice act of June 18, 1852, with a recommendation that it lie on the table.
Mr. Fuller, from the Committee on County and page: 231[View Page 231] Township Business, returned the bill [H. R. 376] concerning cemeteries, with a favorale report.
These reports were severally concurred in.
Mr. Sleeth moved that the committees be called in order. It was so ordered by the Senate.
Mr. Daggy, from the Committee on the Judiciary, returned the bill [S. 341] to authorize street railroads to use highways for their tracks, with a recommendation that it lie on the table.
Mr. Gooding, from the Judiciary Committee, returned the bill [H. R. 408] to amend section 311 of the practice act, with a similar report.
Mr. Gooding, from the same committee, returned the bill [H. R. 186] to amend the act declaring carnal knowledge of an insane woman in certain cases, with a similar report.
He also returned the bill [H. R. 465] fixing court terms in the Tenth Circuit, with recommendation that it lie on the table.
Mr. Boone. from the same committee, returned the bill [H. R. 384] to repeal section 226 of the practice act in civil cases, with a similar report.
Also the bill [H. R. 380] legalizing summonses to the process issued by justices to city marshals, with the recommendation that it be passed, with an amendment.
Also the bill [H. R. 270] to provide for service of summons in suits before justices, where defendants reside in adjoining counties, with a recommendation that it lie on the table.
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [H. R. 421] to amend Sec. 120 of the practice act in criminal actions, with a favorable report.
Mr. Steele, from the Judiciary Committee, returned the bill [H. R. 319] defining embezzlement by officers, with a favorable report.
Also the bill [H. R. 390] to amend Sec. 447 of the civil practice act with a favorable report.
Also the bill [H. R. 395] relating to publication of notice in civil actions, with a favorable report.
Mr. Armstrong, from the Committee on Education, returned the bill [S. 315] providing for sale of bonds by Legislature to pay debts on school buildings, with a recommendation that it lie on the table.
Mr. Carnahan, from the Committee on Corporations, returned the bill [H. R. 288] supplemental to the gravel road law of May 12, 1352, with a favorable report.
Also the bill [H. R. 489] to amend section nine of the Huntington town charter, with a favorable report.
Also the bill [H. R. 362] to amend section of the act to provide compensation to the owners of animals killed by the cars, with a favorable report.
Also the bill [H. R. 201] exempting town and city property from sale in certain cases, with a favorable report.
Mr. Miller, from, the Committee on Roads, returned the bill [H. R. 266] to amend the highway act of June 17,1852, with a favorable report.
Mr. Collett, from the Committee on Agriculture, returned the bill [H. R. 191] defining misdemeanors, with a favorable report.
Mr. Williams, from the Joint Committee on Claims, returned the claim of Osborn & Calkins for $500, with a recommendation that they be allowed $400. Also the claim of Julius Boetticher for the Volksblatt (German paper) for $60. Also the claim of Gen. W. H. H. Terrill for services rendered the State, with a recommendation that he be allowed $200. These reports were concurred in. Also the claim of O. M. Wilson for preparing a calendar of Senate bills for the session of 1871, for $150, with a recommendation that he be allowed $50.
Mr. Friedley, of Lawrence, moved to make the allowance $100.
Mr. Sleeth, from the Committee on Claims, held in his hand a report from that committee disallowing this same claim. How the claim comes to be before two committees he could not see. This claim has been disallowed at a former session.
Mr. Slater moved to lay the bill and amendment on the table.
Mr. Williams demanding a division of the question -
The amendment was laid on the table.
The Senate refused to lay the report of the committee on the table.
The report of the committee allowing $50 for the service was concurred in by yeas 29, nays 13.The Committee on Claims returned the claim of O. M. Wilson for $150, the same as the above, with a recommendation that it be not allowed.
It was laid on the table.
Mr. Beeson, from the same committee, returned sundry claims of sundry witnesses in the Burson contested election case of 1871, with favorable reports thereon.
Mr. Orr, from the Committee on Agriculture, returned the bill [H. R. 447] to amend section one of the highway change act, with a recommendation that it lie on the table.
Mr. Gooding, from the Committee on Federal Relations, returned the bill [S. 275] to provide for the acquisition by the United States of lands in this State for public purposes, with favorable report thereon.
Mr. Brown, from the Committee on County and Township Business returned the bill [H. R. 353] to prohibit Township Trustees from levying a road tax on property in towns with a similar report.
Mr. Daggy, from the Committee on Organization of Courts, returned the bill [S. 193] limiting the number of jurors, etc., with a recommendation that it be indefinitely postponed.
Also the bill [S. 194] in relation to the meeting of County Boards, with a favorable report.
Mr. Howard, Chairman of the Committee on Rights and Privileges of the inhabitants of the State, returned the bill [S. 26] amending section 18 of the act regulating assessments and the apportionment of estates, with a recommendation that it lie on the table.
Mr. Hough, from the same Committee, returned the bill [S. 330] to amend the act to prevent emigration from one county to another, with a recommendation that it lie on the table for the reason that the provisions are contained in the bill [S. 120].
Mr. Howard, from the same committee, returned the bill [H. R. 377] as to the eligibility of married women, with a favorable report.
Mr. Chapman, from the Committee on Elections, returned the bill [H. R. 236] providing for taking the sense of voters on a constitutional convention, with a favorable report.
The above reports were severally concurred in.
HUNTING ON ENCLOSED LANDS.
Mr. Rhodes called up the special order, being the bill [H. R. 8], to prevent hunting and shooting on enclosed lands without the consent of the owner or occupant thereof.
Mr. Daggy moved that the bill be read the third time, and upon that motion he demanded the previous question.
The Senate seconded the demand for the previous question, and under its operation the bill was read the third time -
Mr. Taylor demanding, in vain, that his constituents be heard by petitionone in favor of the law, signed by something less than one hundred, and a remonstrance against it, signed by about one thousand.
The bill passed the Senate by yeas 26, nays 20.
DEPENDANTS TO TESTIFY IN CRIMINAL CASES.
Mr. Hough moved to take up the bill [S. 34] allowing defendants in criminal cases the right to testify.
Mr. Bunyan moved to amend by substituting Senate bills on the third reading.
Mr. Dwiggins moved to amend the amend- page: 232[View Page 232] ment by substituting the bill S. 9, fixing the salaries of Judges.
Mr. Orr moved to lay the amendments on the table.
Mr. Dwiggins demanded a division of the question, and his motion to amend was laid on the table, as was also the amendment to the amendment.
The original motion was agreed to.
Mr. Hough's bill [S. 34] to amend sec. 10 of the general criminal practice act of June 17, 1872, was read the third time.
Its passage was opposed by Mr. Brown and favored by Mr. Hough.
Mr. Sleeth demanded the previous question, but by common consent the vote was taken.
The bill passed the Senate by yeas 26; nays 19.On motion by Mr. Friedley, of Lawrence, the bill [H. R. 138] to legalize certain bonds issued by Township Trustees to aid in building and repairing school houses, was read the third time.
Mr. Hubbard explained that this was substantially the same bill which passed the Senate at the recent session.
The bill passed by yeas 37; nays 8, with an amended title, viz., to authorize cities and towns to negotiate and sell bonds with which to procure means to erect school houses etc.
On motion of Mr. Collett the bill [S. 273]title not named - was taken up.
Mr. Brown moved to recommit the bill with Instructions to amend so that the bill shall apply only to railroads that are completed.
The motion was agreed to and the committee requested by Mr. Dwiggins to return the bill this afternoon.
On motion by Mr. Chapman the House amendments to his drainage bill S. 88 were taken up and read.
Mr. Dwiggins hoped the Senate would not concur in the amendments - one of them being intended to legalize illegal acts heretofore done by ditching companies.
The Senate took a recess till two P. M.
AFTERNOON SESSION.
The Lieutenant Governor announced the special order Mr. Beardsley's bill [S. 318] to make further provision for the care of the Insane of this State. To provide for a female department on the Hospital farm - appropriating $500,000 therefor. It was read the second time.
Mr. Chapman moved to fill the blank in section 12 with $150,000.
The amendment was agreed to.
Mr. Beardsley moved for a dispensation of the Constitutional restriction that the bill may be read the third time now and put upon its passage.
The motion was agreed to by yeas 39, nays 2.
The bill was read the third time, and passed the Senate by yeas 41, nays 0.
Mr. Gregg called up his joint resolution [S. 16], introduced yesterday, empowering and directing the Attorney General to take charge of, manage, prosecute, discontinue or dismiss, and have the control of any and all suits and proceedings now pending, or which may hereafter be instituted in the name of the State on the relation of any prosecuting attorney against all railroad companies or other corporations in the nature of a quo warranto, or otherwise, and to adjust, settle or compromise any and all claims the State may have against such company or corporation, in such manner and on such terms as he may think proper, and receive payment of such claim in money, bonds, stocks or mortgages, which shall by said company be paid over to the Treasurer of State under the direction of the Attorney General, provided that no suitor the suits now pending, or which may hereafter be brought, shall be dismissed, adjusted, settled or compromised, without the assent in writing of the Governor and Lieutenant Governor. There being a pending motion to refer the resolution to the Judiciary Committee.
Mr. Steele moved to strike out all the names after the Governor and Lieut. Governor.
On motion by Mr. the motion to refer was laid on the table.
The amendment was adopted.
Mr. Smith moved to strike out that part which authorized the compromise of any debt.
On motion by Mr. Williams this amendment was laid on the table.
The first resolution passed the Senate. Yeas, 84; nays, 7.
On motion by Mr, Harney his bill [S. 300] authorizing County Boards to make allowances of money to organize drainage companies, was taken up, and under a dispensation of the constitutional restriction - yeas 63, nays 0passed to the final vote and passed the Senate by yeas 45, nays 0, with an amendment of title.
Mr. Bird called up his concurrent resolution looking to the establishment of a United States District Court for North Indiana, and a distributing postoffice at Fort Wayne.
Mr. Steele moved to strike from the resolution all that relates to a distributing postoffice.
The motion was agreed to.
The resolution was adopted by yeas 30, nays 13.On motion by Mr. Gooding his bill [S. 250] to further prescribe the duties of Secretary of State and provide the necessary clerks, etc., was read the third time.
The bill was passed the Senate - yeas 26 nays 22 - Mr. Gooding and Mr. Sleeth explaining their votes in the affirmative, regarding this measure as necessary to the proper indexing, care and custody of the papers in the Secretary's office.
After debate by Messrs. Brown, Dwiggins, Williams and Scott in favor of the bill, and Messrs. Rhodes, Hubbard, Sleeth and Steele In opposition, -
Mr. Slater demanded the previous question.
The Senate seconded the demand, and under the operations of the previous question the bill passed by yeas 28, nays 19.
On motion by Mr. Chapman, the House amendments to his drainage bill [S. 88] was taken up.
Mr. Beardsley demanded the previous question which was seconded by consent.
Mr. Dwiggins demanded a division of the question.
The House amendment striking out "one-third" and inserting "a majority," was concurred in by consent.
The House amendment adding section 30, which authorizes a reorganization of companies that have failed or suspended work, to go on and complete the work, provided it shall not apply to work the main line of which shall exceed sixteen miles in length, being now read, -
The Senate refused to concur in this amendment by yeas 161, nays 29.
Mr. Chapman now moved to reconsider the vote concurring in the first amendment.
The motion to reconsider was rejected, by yeas 13, nays 29.
On motion by Mr. Friedley, of Scott, the Constitutional resolution was suspended - yeas 39, nays 1 - and the bill [H. R. 355] authorizing the Auditor of Scott County to correct his report made to the Superintendent of Public Instruction in relation to school funds, was read by title only for the second reading, and then read by sections for the third reading.
Mr. Beeson moved for and obtained unanimous consent to amend by adding after the word "Scott," the words "and the Auditor of the county of Wayne."
The bill, as amended, passed the Senate by yeas 42, nays 1, with an amended title so as to Include Wayne County.
On motion by Mr. Sleeth, the constitutional rule was dispensed with - yeas 64, nays 6 - and Ms bill [S. 305] to incorporate the trustees of any religious or benevolent society, and authorizing page: 233[View Page 233] them to hold real estate, etc., was read by title and again by sections, and passed the Senate by yeas 41, nays 0.
On motion by Mr. Haugh, the printing bill [H. R. 526] was made the special order for ten o'clock to-morrow.
On motion by Mr. Friedley of Scott, the constitutional rule was suspended - yeas 42, nays 0 and his bill [S. 306] to encourage agriculture and agricultural fairs by the purchase and improvement of fair grounds, was read by title for the second reading.
Mr. Smith moved to amend so that grantees shall first procure an abstract of title.
The amendment was agreed to.
The bill was then read the third time and passed by yeas 29, nays 14.
On motion by Mr. Gooding his bill [s. 231] to prevent gerrymandering in the wards of the city of Evansville just before an election, was read the third time, and passed the Senate by, yeas 25, Nays 4.
On motion, by Mr. Dougherty, the constitutional rule was dispensed with and the bill [H. R. 489] to amend the charter of Huntington town was passed to the final reading, and passed the Senate by, yeas 36, nays 3.
On motion, by Mr. Slater, the bill [S. 126] to amend sec. 1 of the Highway Supervisor act of March 5, '59, so that supervisors shall be elected in their own district, were read the third time and passed by, yeas 30, nays 9.
Mr. Taylor, Chairman of the Finance Committee, reported that in connection with the Committee on Ways and Means, of the House, certain bonds, etc., had been examined and destroyed, representing over $3,000,000.The Senate then adjourned till 9:30 o'clock to-morrow.
