THE
BREVIER LEGISLATIVE REPORTS
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
IN SENATE.
MONDAY, March 5, 1873.The Lieutenant Governor in the Chair.
Mr. Williams, from the Joint Committee on Claims, reported the claim of the Indianapolis Sentinel Company for $550 for papers, without recommendation. He moved that the bill be allowed and put in the specific bill.
Mr. Wadge moved to add the claim of the Indianapolis Journal Company for the same amount. Accepted, and the motion agreed to. Also the claim of $990 in favor of Owen Eddy, for extra services as Assistant Secretary of State, with a favorable report. Also the claim of E. McCoy, the late Clerk of the Supreme Court, for $3,000, with a recommendation that it be rejected. Also the claim of Rebecca Williamson, of $350, for claims for her husband's services as surgeon, with a similar report. Also claims of sundry persons for fees in the Burson election case, with favorable allowances. These reports were concurred in.
Mr. Hubbard, from a majority of the Committee on Corporations, returned the bill [H. R. 189] to place Directors of railroad companies on equal terms with other creditors, with a favorable report. The report was concurred in.
Mr. Williams from the joint committee on claims, returned the claim of James Cotheril for $150, for hauling done for the 142d Regiment of Indiana Volunteers, with an unfavorable report. The report was concurred in.
Mr. Glessner, from the Committee on Education, returned the bill [H. R. 414] to amend section 44 of the common school law with a favorable report. Mr. Howard, from the Committee on County and Township Business, returned the bill [S. 338] to amend section 40 of the act dividing the State into counties, with a favorable report. Mr. Sarnighausen, from the Committee on Rights and Privileges, returned the bill [H. R. 272] to regulate the sale of mineral oils, with a recommendation that it lie on the table. Mr. Gregg and Mr. Hall entered a motion for the reconsideration of this vote.Also, the bill [S. 307] amending the act regarding estrays, with a recommendation that it be indefinitely postponed. Also, the bill [S. 337] to amend section one of the act for the protection of the Sabbath, with a recommendation that it lie on the table. Mr. Beeson, from the Committee on Temperance, returned the bill [H. R. 312] to provide against intoxication on the part of public officers, and to provide for their removal from office therefor, without any recommendation. Mr. Sarnighausen, from the Committee on Emigration and Statistics, returned a petition in reference to emigration from the South Slavonic States, with a recommendation that it lie on the table. Mr. Daggy, from the Committee on Insurance, returned the bill [S- 129] relating to insurance companies, with amendments. Mr. Chapman, from the Committee on Swamp Land, returned the bill [H. R. 76] to amend the act to enable owners of wet lands to drain and reclaim them, with a favorable report.Mr. Scott, from the Committee on Education, returned the bill [S. 660] providing for the appointment of Trustees for the Purdue University, recommending that it be referred to the Judiciary Committee to inquire into the powers conferred on the trustees. Mr. Cave introduced a resolution similar to the one he offered early yesterday morning, except that instead of requiring the Secretary of the Senate to produce the missing bill [H. R. 446], this resolution requests the House of Representatives to furnish the Senate with a copy. Motion withdrawn. Mr. Hall offered a resolution, which was adopted, requesting the Committee on Public Buildings to report the amount of insurance on the State Library, and if insufficient, to take steps to fully insure everything of value in the library. Mr. Williams offered a resolution [S. 17] authorizing the payment of a lost five per cent certificate of State stock, No. 956 On motion it was referred to the Committee on the Judiciary. Mr. Friedly, of Lawrence, offered a joint resolution [S. 18] requesting and directing Indiana Congressmen to use their influence to prevent the passage of a law compelling newspaper publishers to pre-pay postage on their weekly publications to subscribers in the county where printed. It was adopted on the part of the Senate, by yeas 38, nays 2. Mr. Scott moved to suspend the special order that the savings bank bill [H. R, 198] be passed. Tabled.
The Senate proceeded to the consideration of the bill [H. R. 526] to provide for the public print- page: 237[View Page 237]ing and binding. It was read the third time and finally passed by yeas 40, nays 1. On motion by Mr. Beeson the bill [H. R. 539] to amend section 1 of the act creating the 19th, 20th and 21st Judicial Circuits, was read the first time and referred to a select committee of three - viz. Beeson, Gooding and , with instructions to inquire into the expediency of abolishing the Circuit Court in Clark county. The Senate then agreed to the consideration of Senate bills on the second reading. Mr. Dittemore called up the special order, viz: The bill [S. 333] for the relief of indigent cripples, authorizing County Boards to pay for their transportation to, and board at any Institute or Hospital where they may be materially benefitted. On his further motion the constitutional restriction was dispensed with, the bill read by title for the second reading, again by sections for the final reading, and passed the Senate by yeas 40; nays 1. Mr. Scott's bill [S. 274] to amend an act of February 20, 1867, relating to the capital stock of County, Agricultural and Horticultural Societies, with reference to real estate, was read the second time and ordered to be engrossed. Mr. Beardsley's bill [S. 139] to enable railroad Companies to alter their lines in certain cases, was read the second time and ordered to be engrossed. Mr. Taylor's bill [S. 242] to amend section seven and eight of the city incorporation act, was read the second time, and ordered to he engrossed. Mr. Beardsley's bill [S. 244] fixing the compensation of certain officers therein named - officers of the Benevolent Institutions - was read the second time Mr. Williams moved to amend by making the salary of the President of the Board $900 instead of $500. Tabled. The bill was ordered to be engrossed. Mr. Cave's bill [S. 251], in relation to donations by individuals to aid in the construction of any railroads, was read the second time and ordered to be engrossed. Mr. Gregg's bill [S. 256], to prohibit certain officers from using free passes over railroads, was read the second time. Mr. Dwiggins moved its indefinite postponement. The motion agreed to; yeas 24, nays 15. Mr. Hough's bill [S. 297], making it unlawful for minors to go in or loaf about any saloon where intoxicating liquors are sold, or kept for sale to be drank on the premises, was read the second time and ordered to be engrossed. Mr. Dwiggins' bill [S. 296], requiring railroad companies to pay an equal amount for keeping crossings in repair, coming up, on his motion it was laid on the table. Mr. Thompson's bill [S. 299] providing for the distribution of the proceeds of the sale of school house property in districts annexed to cities of 30,000 inhabitants or over, was read the second time and ordered to be engrossed. Mr. Dwiggins' bill [S. 304] to repeal section 37 of the act regulating the sale of swamp lands, was read the second time and ordered to be engrossed. Mr. Dwiggins' bill [S. 306] providing for the organization of companies to lay out and build towns, or additions to towns, in this State, was read the second time and ordered to be engrossed. Mr. Neff's bill [S. 267] requiring license for certain purposes therein specified - menageries, ventriloquists, etc - was read the second time and ordered to be engrossed. Mr. Gooding bill [S. 276] granting the consent of the State to the purchase by the United States of certain lands for the erection of public buildings, was read the second time and ordered to be engrossed. Mr. Thompson's bill [S. 276] repealing section 47 of the act prescribing felonies, was read the second time and ordered to be engrossed. Mr. Scott's bill [S. 277] to extend the jurisdiction of criminal court judges, in relation to writs of habeas corpus and restraining orders, was read the second time and ordered to be engrossed. Mr. Fuller's bill [S. 208], to amend Sec. 9 of the act defining felonies and the mode of procedure in criminal cases, was read the second time and ordered to be engrossed. The Judiciary Committee's bill [S. 230], to amend Sec. 397 of the general practice act of June 18, 1852, was read the second time and ordered to be engrossed. On motion by Mr. Chapman, the bill [H. R. 144] to provide for the keeping in repair of railroad crossings, was read the second time. Mr. Chapman moved to amend the second section by striking out all after the word act, and inserting new matter so that after the frog is once put in each road must keep up its own repair. It was agreed to. On his further motion, the Constitutional restriction was dispensed with, the bill read the third time and passed, by yeas 43, nays none. Mr. Sleeth introduced a bill [S. 342] to repeal Sec. 55 of the last specific appropriation bill, allowing $476 60 to the Daily Telegraph Company, the money yet remaining in the Treasury. On motion by Mr. Dwiggins, under a dispensation of the Constitutional restriction, the bill was advanced to the final vote, and passed the Senate by yeas 42, nays none. Recess.
AFTERNOON SESSION.
Mr. Glessner, from the select committee, thereon returned the bill [S. 186] to abolish Common Pleas and Circuit Courts and establish Surrogates, with a recommendation that it lie on the table. The report was concurred in. Mr. Beardsley offered a resolution authorizing the Secretary of State to sell the chairs, tables, desks, &c., used by the several committees of the Senate, at ten o'clock A. M., on Monday next. On motion by Mr. Taylor the resolution was amended so that the proceeds shall be paid in the State Treasury. The resolution as amended was adopted. The Lieutenant Governor announced the consideration of the special order, being Mr. Wadge's bill [S. 293] supplemental to the act of February 21, 1855, providing for the election of an Attorney General, and prescribing additional duties for County Clerks and Prosecuting Attorneys. It was read the second time. Mr. Steele moved a substitute for section 15, which will allow the Attorney General such clerks as the Governor, Auditor and Secretary of State may deem proper, &c., instead of leaving it to his discretion how many may be employed by him. Mr. Daggy preferred the wording as in the bill, with an amendment to section 17, that in no case shall the Attorney General's fees, perquisites and emoluments exceed ten thousand dollars a year, the excess to be paid in the treasury. Mr. Smith moved to amend the amendment by striking out all except what refers to the salary The bill has the appearance of an effort to make the Attorney General the great tycoon of the State. It was laid on the table on a division of 49 to 17. The Senate refused to lay the amendment [Mr. Steele's] on the table by yeas 14, nays 32, The amendment was agreed to. Mr. Scott moved to add to section 11 a proviso that the Attorney General shall not prosecute or assist in prosecuting any information in the nature of a quo warranto where the main object is to obtain a debt from a corporation, until a judgment shall have been obtained against said corporation. Laid on the table. Mr. Daggy moved the amendment he indicated above. Mr. Smith moved to amend the amendment by making the allowance not to exceed $5,000, and On motion by Mr. Wadge, the amendment to the amendment was laid on the table by yeas 23, nays 21. The amendment (Mr. Daggy's) was agreed to by yeas 35, nays 0. Mr. Dittemore moved to amend the bill by striking out twenty per cent wherever it occurs, and inserting five per cent in lieu; also, by striking out ten per cent wherever it occurs, and inserting five per cent in lieu. The Senate refused to lay the amendment on the table by yeas 17, nays 21. Mr. Brown moved to amend the amendment by striking out "five" and inserting "ten." Laid on the table by yeas 25, nays 18. Mr. Gooding mov- page: 238[View Page 238] ed to amend the amendment by allowing ten per cent on all sums less than $500 and five per cent on all sums above that amount. Mr. Dittemore accepted the amendment. Mr. Fuller demanded the previous question. It was seconded by the Senate.
The amendment, as modified, was agreed to. Mr. Rhodes moved to limit the expenditure of the Attorney General to $10,000 a year for clerk or deputy hire, which shall be paid out of the funds collected. Mr. Gooding made an ineffectual motion to lay it on the table. It was agreed to, and the bill was ordered to be engrossed. Mr. Wadge moved to dispense with the constitutional restriction, that the bill may be pressed to the final vote at once.
The motion was agreed to by yeas 39, nays 5. The bill was read the third time and passed by yeas 31, nays 11. The Lieutenant Governor announced another special order, viz: Mr. Armstrong's bill [S. 120] to protect the ballot-box, to procure a fair election, to define felonies and prescribe punishment therefor. It was read the third time, and the bill passed the Senate by yeas 44, nays 0. On motion by Mr. Brown, the House amendments to the fee bill [S. 292] were read, and on motion by Mr. Rhodes they were concurred in. Mr. Beeson, from the special committee thereon, returned the bill [H. R. 539] to amend section 1 of the act creating the 18th, 19th and 21st circuits, with a favorable report. The report was concurred in. On his further motion the Constitutional restriction was dispensed with, and the bill passed to the final vote. It abolishes the Criminal Court in Wayne county. The bill passed by - yeas 41, nays 0. On motion by Mr. Friedley, of Lawrence, the bill [H. R. 189] to place directors and other officers who may be creditors of plank, gravel or McAdam roads on the same terms with other creditors of roads, was read the second time, and ordered to be engrossed. On motion by Mr. Winterbotham, under a dispensation of the Constitutional rule requiring that "every bill shall be read by sections on three several days in each House," his bill [S. 326] to authorize the Governor to exchange with Peter Donnelly certain bonds therein describedso as to procure proper facilities for drainage and seweragewas pressed to the final vote, and passed the Senate by - yeas 36, nays 0. Mr. Beardsley moved that the constitutional rule be dispensed with that his bill [S. 244] to regulate the salaries of trustees of the benevolent institutions may be pressed to the final vote. The motion was agreed to, and the bill passed by yeas 41, nays 1. On motion by Mr. Steele, the bill [S. 27] to legalize the acts of certain corporations organized under the act of May 12,1852, and the acts supplemental thereto, or corporations that have attempted an organization under said acts, which said bill has heretofore failed to pass the Senate on the third reading, was taken up. Mr. Steele said this bill was intended only to affect some gravel road companies in Shelby county. It was passed by the Senate by yeas 26, nays 13. The Senate then agreed to return to the order of this morning for the consideration of Senate bills on the second reading. Mr. Neff s bill [S. 232] to regulate the sale of mineral oils and substances for illuminating purposes coming up, Mr. Gooding made an inffectual motion to lay it on the table. On motion by Mr. Howard, the bill [H. R. 272] in the same language was taken up and read the second time. Mr. Hall moved to amend so that this act shall not apply to any city where there is an inspector of oils. Mr. Daugherty renewed his motion to lay on the table. Agreed to. The bill was passed to the third reading. Mr. Steele offered a resolution, which was adopted, directing the Treasurer of State to insure the Law Library for two-thirds its value. On motion by Mr. Dittemore, the bill [H. R. 404] authorizing Cemetery Companies to own, purchase or construct horse railways or hold or own stock in horse Railway Companies, was read the first time andreferred to the Committee on Railroads. Mr. Dwiggins moved to suspend the order of business to take up his bill [S. 302] to make general indexes of deeds and mortgages evidence in certain cases. The motion was agreed to by yeas 26, nays 13. The bill was read the second time. Mr. Dwiggins moved for a dispensation of the constitutional provision that the bill may be read the third time now. The motion was agreed to by more than a two-thirds vote. The bill was read the third time and passed the Senate by yeas 35, nays 3. The bill [H. R. 26] was placed on the files on the motion of Mr. Hubbard. On motion by Mr. Scott the bill [H. R. 198] to amend 15, 19, 31 and 69th section of the act providing for the organization of Savings Bank, was read the third time. Mr Hubbard moved to strike out; the section that allows trustees to borrow money from the bank, stating that the committee so reported. Mr. Scott and Mr. Dwiggins corroborated the statement. Mr. Gooding said the committee having reported that amendment it is not now part of the bill. Mr. Hubbard then moved to recommit to a special committee of three, to strike out all that part of the bill which authorizes trustees to borrow from the banks. The motion was agreed to, and on motion by Mr. Dwiggins the committee was made to consist of Messrs. Scott, Hubbard, and Dittemore. On motion of Mr. Thompson his bill [S. 239] authorizing cities of 15,000 to make loans and prescribe the rules for borrowing money for such cities, not to exceed 2 per cent. of the taxable property, was read the third time and passed by yeas 31, nays 4. on motion by Mr Williams, the bill [H. R. 530] to raise revenue for State purposes, for the year 1873 and 1874fifteen cents on each, $100, and fifty cents on each poll for 1873 and 1874was read the first time and referred to the Committee on Finance. Mr. Collett moved for a dispensation of the constitutional restriction that the bill [H. R. 456] legalizing the acts of trustees of the town of Clinton, may be pressed to the final vote. The motion was agreed to and the bill was read by title and sections and passed the Senateyeas 35; nays 1. Mr. Hubbard, from the Special Committee thereon, returned the bill [H. R. 198] amending the saving's bank act with a report that the amendment excluding Trustees of said banks from borrowing its monies was overlooked by the Secretaries in the former report of a Committee. On his motion the final vote on the bill was ordered, resultingyeas 33; nays 4; so the bill passed. The Senate then adjourned till 9 o'clock to-morrow.
