THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
THURSDAY, March 6, 1873The Lieutenant Governor took the Chair at 9 o'clock A. M.
On motion by Mr. Glessner, the Court bills [H. R.'s 476, 503 and 256], were made the special order at 2 o'clock this afternoon.
On motion by Mr. Miller, the bill [H. R. 534] legalizing the assessment of taxes for 1871 in Somerset, Wabash County, was taken up under a dispensation of the Constitutional rule which requires that "every bill shall be read by sections on three several days in each House," read by title only for the second reading, and by sections for the third reading, and passed the Senate by yeas 37, nays none.
Mr. Ringo offered a Joint Resolution [S. 18] authorizing the Auditor of Clay County to sell certain land adjoining Brazil, in Clay County, belonging to the State, which was referred to the Judiciary Committee.
On motion by Mr. Stroud, the Constitutional restriction was suspended, and the bill [H. R. 444] relating to the sale of the Court House in Rome, Perry County, Indiana, was placed on the last reading and passed by yeas 40, nays 2 - Mr. Stroud presenting a petition in favor of the bill from parties interested, and Mr. Hough a remonstrance.
On motion by Mr. Williams, the Constitutional rule was again dispensed with, and the bill [H. R. 203] in relation to a geological survey and a State Geologist, was advanced to the third reading.
Mr. Friedley, of Lawrence, not noticing its hurried reading by title only for the second time, moved to recommit the bill with instructions to strike out $3,000 as the salary of the State Geologist, and insert $2,500 in lieu.
Mr. Collett said the State Geologist has held the office for several years past at a sacrifice pecuniary and personal, and that the service of that office has been of great advantage to the State, increasing the taxables thereof and bringing large wealth into it from abroad.
Mr. Ringo could never think of cutting down the salary of the State Geologist, knowing how much that office has done for the development of his county and district.
On motion of Mr. Williams, the motion to refer was laid on the table by yeas 30, nays 13.The bill passed the Senate by yeas 35, nays 8.
On motion of Mr. Hough, the Senate agreed to proceed with the consideration of Senate bills on the third reading.
On motion by Mr. Brown the bill [H. R. 61] was taken up, considered, read and referred to a select committee of three, viz.: Messrs. Brown, Neff and Gregg.
Mr. Scott, from the Joint Committee, appointed to prepare an act for plans and specifications of a new State House building, introduced a bill [S. 343] therefor, which provides that the house is to cost not to exceed two millions of dollars, which was read the first time and referred to the Committee on Public Printing.
On motion by Mr. Glessner the bill [H. R. 411] to amend section 44 of the school law,was pressed to the final vote under a dispensation of the Constitutional rule, and passed the Senate by - yeas 36, nays 0, with a clerical amendment.
Mr. Taylor, Chairman of the Committee on Finance, returned the bill [H. R. 504] amending the assessment act of December 21, '72, with amendments which were concurred in without reading, subsequently, on his motion, the bill was pressed to the last reading, under a dispensation. Mr. Steele made a motion to recommit, which was laid on the table. The bill passed by - yeas 30, nays 13.
Mr. Steele, Chairman of the Judiciary Committee, returned the joint resolution providing for the payment of a lost five per cent State bond, with a recommendation that the claim bo disallowed, for reasons set forth. The report was concurred in.
Mr. Sleeth, from the Committee on Claims, returned a large number of claims in the contested case of Burson, in 1871, with favorable reports.
On motion by Mr. Steele, under a constitutional dispensation, the bill [H. R. 528] concerning the employment of short-hand reporters, and providing that the original long-hand manuscript of evidence taken by the short-hand reporter shall be certified up in cases of appeal, was pressed to the final vote, and passed by yeas 43, nays 0.
page: 243[View Page 243]The Senate then proceeded to carry out the order made early this morning, to consider Senate bills on the third reading.
Mr. O'Brien's bill [S. 229] to legalize the official acts of the trustees of the town of- Cicero, was read the third time. The bill was rejected by yeas 20, nays 22.
The Senate then took a recess till two o'clock
AFTERNOON SESSION.
On motion of Mr. Bird, the constitutional rule was dispensed with and the bill [S. 263] to vest the inchoate claim of a wife in the real estate of her husband in certain cases and denning the rights in the same; was advanced to the final reading, and after debate by Messrs. Daggy, Steele, Rhodes, Boone and Hubbard, it was passed the Senate by yeas 27, nays 11.
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [S. 336] to fix the boundary line between Indiana and Kentucky, near Evansville with a substitute containing new matter from and after the enacting clause.
The Lieutenant Govenor announced the special order, viz: The bill [H. R. 503] regulating the convening and adjournment of grand juries.
On motion of Mr. Glessner, a dispensation of the constitutional restriction was had and the bill read by the title for the first and second reading.
On motion by Mr. Brown the bill was amended so that grand juries shall meet twice a year instead of once.
The bill then passed the Senate by yeas 29, nays 1.
On motion by Mr. Glessner, the bill [H. R. 256] in relation to the order of business in the circuit courts, and giving the court power to empannel special juries in certain cases, was read the first time, and, under a dispensation, the second time by title, the third time by sections, and passed, by yeas 37, nays 0.
The Lieutenant Governor announced another special order, the bill [H. R. 475] relating to prosecutions by affidavit and information, which was read the first time,
On motion by Mr. Glessner, under a dispensation, the bill was advanced to a final reading.
Mr. Brown moved to amend section one by striking out the words "all offenses," and inserting "misdemeanors" in lieu, so as to restrict the application of the bill to cases of misdemeanors only.
After debate by Messrs. Brown and GlessnerMr. Glessner moved to amend the amendment so as to except only cases of murder.
On motion by Mr. Brown, this amendment was laid on the table.
On motion the amendment was agreed to.On motion by Mr. Brown the words "as felonies" in the latter part of the bill were stricken out.
Mr. Dwiggins moved to strike out the words "any information" in line six - leaving the trial to take place by affidavit alone.Mr. Glessner made an ineffectual motion to lay it on the table.
It was agreed to.
Mr. Brown moved to strike out the words ''but such prosecutions may be by indictment," &c.
It was agreed to.
The amendments were considered engrossed, the bill read the third time, and passed the Senate by yeas 36, nays 1, with amendment of title, viz.: a bill relating to prosecution by affidavit and indictment.
Mr. Oliver, from, the Committee on Public Buildings, returned the bill [S. 343] with a recommendation that the bill do pass.
Report concurred in.
Mr. Taylor, Chairman of the Committee on Finance, returned the revenue bill [H. R. 520] with a favorable recommendation.
It was concurred in.
On his further motion the bill was taken up, and on motion by Mr. Dittemore the Senate resolved itself into a Committee of the Whole [Mr. Dittemore in the chair] for the consideration thereof as required by a constitutional provision.
The bill having been read -
Mr. Chapman moved to amend by striking out fifteen and inserting ten wherever it occurs.
The amendment was lost after remarks by Messrs. Chapman, Taylor and Brown.
On motion by Mr. Williams the Committee rose, reported progress and asked to be discharged.
The report was concurred in.
The bill was read the second time.
Mr. Chapman moved to amend by striking out "fifteen" wherever it occurs and inserting in lieu "ten."
Mr. Taylor moved to lay the amendment on the table.
This motion was rejected by yeas 16, nays 25.
Mr. Brown moved to amend the amendment by striking out ten and inserting "eight."On motion by Mr. Chapman it was laid on the table, by yeas 27, nays 15.
Mr. Williams raised the point of order that laying the amendment to the amendment om the table carried the amendment with it.
The Lieutenant Governor sustained the point of order well taken.
Mr. Chapman moved to amend by striking out "fifteen" and inserting "eleven."Mr. Friedley, of Lawrence, moved to amend the amendment by striking out "eleven" and inserting "fourteen,"
Mr. Gooding made an ineffectual motion to lay the amendment to the amendment on the table - yeas 18, nays 25.
Mr. Chapman demanded the previous question on the amendments.
The Senate seconded the demand - 25 to 17.
The amendment to the amendment (Mr. Friedley's) was rejected by yeas 14, nays 29.
The amendment striking out "fifteen" and inserting in lieu "eleven" was rejected by yeas 21, nays 21.
The bill then passed to the third reading.
Mr. Sleeth introduced a bill [S. 344] to amend section 2 of the act providing for the election of Supreme Court Reporter and a speedy publication of the reports. He said there was enough MSS. on hand to make three volumes, that the Reporter was two years behind, and that this bill was to enforce the law.
On his further motion, the bill was advanced through the several readings, and passed the Senate by yeas 43, nays, none.
Mr. Taylor presented claims for the attendance on and the funeral expenses of Mr. Lockhart, late doorkeeper of the House of Representatives, which were referred to the Committee on Finance, the specific appropriation bill having been already reported to the Senate from the House.
On motion by Mr. Daggy, the bill [H. R. 339] defining certain felonies, and prescribing punishment therefor, was read the second time, and pressed to its passage under a dispensation by yeas 29, nays 7.
On motion by Mr. Oliver, the bill [S. 343] providing for the procuring of plans, specifications and estimates for a new State House, and matters connected therewith, was pressed to the last reading, and finally passed the Senate by yeas 36, nays 1.
Mr. Carnahan introduced a bill [S. 345] to amend section 40 of the act dividing the State into circuits for judicial purposes, approved March 6, 1873, so as to give Posey county four terms a year, instead of three.
On motion by Mr. Brown, the bill was advanced under a dispensation, and finally passed the Senate. Yeas, 41; nays, none.
Mr. Sarnighausen introduced a bill [S. 346] to page: 244[View Page 244]fix the times of holding courts in the 38th judicial circuit, and continuing in force certain provisions of the law in reference thereto.
On motion by Mr. Chapman, it was passed through the three several readings, under a dispensation of the constitutional restriction, and passed the Senate by yeas, 38: nays, 0.
Mr. Beeson introduced a bill [S. 347] providing how the unused books, blank forms and stationery heretofore furnished for the use of common pleas courts shall be disposed of.
On motion by Mr. Brown, it was advanced, under a suspension of the restriction, to the final vote and passed the Senate by yeas, 37; nays, 0.
Mr. Cave offered a resolution, which was adopted, as follows:
Resolved, That the Board of Public Printing, or Secretary of State, be directed to have bound in sheep, and sent to each member of the Senate, the elective officers and reporters thereof, three copies each of the acts, Journals of the Senate and House, Brevier Reports and documentary journals of the regular session of the 48th General Assembly.
On motion by Mr. Fuller, the bill [S. 330] to fix and determine the boundary line between the States of Indiana and Kentucky above and near Evansville, and making the same evidence, was advanced to the final reading under a dispensation, and passed the Senate by yeas 38, nays 0.
On motion by Mr. Rhodes, the bill [H. R. 139] to place directors and other officers of McAdam and gravel road companies on the same footing with other creditors of the company in any and all suits for the collection of his debt, etc., was read the third time.
Mr. Bird moved, but tailed to obtain consent, to strike out the words "or others" after the word directors.
The bill passed by yeas 30, nays 11.
On motion by Mr. Neff, the bill [S. 267] requiring licenses for certain purposes - menageries, ventriloquism, concert, theatrical performances, etc., whisky sellers to pay $50 license - was read the third time.
The bill failed to pass - yeas 23, nays 15 - for want of the constitutional majority of 26.
On motion by Mr. Taylor, the bill [H. R. 531] making general appropriations for the years 1873 and 1874, and the bill [H. R. 535] making specific appropriations for the year 1873, were read the first time and referred to the Committee on Financ.
On motion by Mr. Rosebrough, the bill [H. R. 26] to amend section 9 of the justices act of June 9, 1857 so as to allow suits to be brought in the township where the debt was created, was advanced to the last reading under a dispensation. It having been read the third time -
Mr. Williams and Mr. Cave moved to indifinitely postpone the bill.
Mr. Glessner moved to lay this motion on the table.
The latter motion was agreed to by yeas 25, nays 12.The Senate then adjourned till 9:30 o'clock to-morrow.
