THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE
SENATE.
TUESDAY, January 21 26 26, 1872 ten o'clock A.M.The Lieutenant Governor directed the reading of the Journal of yesterday's proceedings.
THE DIVORCE LAW.
Mr. Steele, Chairman of the Judiciary Committee, returned. Mr. Orr's bill [S. 117] regulating the granting of divorces, with a recommendation that it be indefinitely postponed.
Mr. Orr explained that the bill requires a three years' residence before a divorce shall be granted, and not then even except for causes named in God's Word. He desired to wipe out the reproach now resting upon, the State because of our loose divorce laws, and moved to amend the report by requiring that the bill shall lay on the table for the present.
Mr. Daggy, being liberal in his views on the question of divorce, favored the general clause in the present law, which leaves much to the discretion of the court. A man and woman when tied together, not as man and wife, but as two distinct persons in constant conflict, all moral and social good requires that they should be separated, and forever, he opposed the motion to lay this bill on the table, and argued in favor of its indefinite postponement. Before he had concluded -
Mr. Gregg called up the special order for this hour, being his bill [S. 4] for the assessment and collection of taxes for municipal purposes, on shares of banks or banking associations in this State - an exact copy of the bill [H. R. 6] of the Forty-seventh General Assembly which passed the House at that session - the question being on the minority report from the Committee on Banks and Banking, in opposition to the majority report, which recommends a substitute taxing the shares where the owner resides and not where the bank is located.
Mr. Gregg argued in favor of the passage of his bill, which he regarded as correct in theory and perfect in all its provisions.
Mr. Brown was not very much in favor of the provisions embodied in the bill recommended by the minority of the Committee on Banks, neither did he believe the right to tax the stocks of national banks for city purposes was clear. And he was not in favor of the idea of taxing men who live out in the country and own a few shares of bank stock for the purpose of helping to keep up a city government, and for this reason he preferred to support the substitute bill the majority of the committee had proposed, if he supports any. In conclusion he moved that this bill be referred to the Judiciary Committee, with instructions to inquire whether any further legislation on this subject is required.
Mr. Dwiggins favored the substitute bill because the law of last session provides that bank stock shall be taxed for municipal purposes at the place where the bank is located; while he insisted the tax should be levied and paid where the stockholder resides, and that there is no rule of right that would tax it in any other way.
Mr. Winterbotham believing the bill to be in clear violation of the law of Congress on the subject, should vote for the motion to refer to the Committee on the Judiciary. Recess.
AFTERNOON SESSION.
The Senate met at two o'clock.
Mr. Hough argued in favor of the taxation of stock in the place where the bank is located.
Mr. Friedley, of Lawrence, opposed the motion to refer.
On motion by Mr. Fuller, the motion to refer was laid on the table.
Mr. Brown moved the reference of the bill to the Committee on Corporations.
Mr. Sleeth had serious doubts as to whether the assessment law enacted last session did not repeal all municipal laws for taxation.
Mr. Steele was of a similar opinion.
Mr. Gregg opposed the motion to refer.
Mr. Orr favored a city tax on bank shares.
Mr. Boone desired a vote on this bill.
On motion of Mr. Gooding, the vote by which the Senate refused to refer the bill to the Judiciary Committee was reconsidered.
The question recurring on the motion (Mr. Brown's) made before the recess, to refer the bill to the Judiciary Committee, with instructions to inquire into the expediency of further legislation on this subject, it was agreed to, by yeas 25, nays 19,
page: 60[View Page 60]THE DIVORCE LAW.
The Lieutenant Governor now recurred to the order pending at the time the special order was called up - it being the consideration of Mr. Orr's bill [S. 117] for an amendment of the divorce laws.
Mr. Daggy, in looking at the bill, believed a change such as is proposed would work a greater evil to the State than the present law.
Mr. Dwiggins, as a substitute for the pending motion, moved to recommit the bill to the Judiciary Committee, with instructions to amend by adding the words "or consent" before the word "connivance," and by substituting "one" for "two" years wilful abandonment, and adding as causes impotency and a conviction of felony subsequent to marriage. Under the present law one Judge will decide one way and another a different way. He favored a residence of three years, as the bill provides.
Mr. Gooding made an ineffectual motion to have the whole subject laid on the table, yeas 20, nays 22.
Mr. Glessner moved to amend the instructions so as to allow parties in divorce cases to testify therein.
Mr. Dittemore moved to lay the amendments offered by Messrs. Dwiggins and Glessner on the table.
The motion was rejected by yeas 20, nays 22.
Mr. Brown moved to lay Mr. Glessner's amendment on the table.
Mr. Dittemore moved ineffectually to lay the whole subject on the table; yeas 19, nays 23.
The question recurring on Mr. Brown's motion to lay Mr. Glessner's amendment on the table, it was agreed to by yeas 32, nays 12.
Mr. Brown moved to refer the whole matter to a select committee, to consist of Messrs. Orr, Neff and Glessner.
Mr. Dittemore moved to amend the motion by indefinitely postponing the bill.
On motion by Mr. Brown, this motion was laid on the table by yeas, 32; nays, 13.
Mr. Scott moved to instruct the committee to provide that divorces in this State shall only operate as a separation from bed and board, and shall not permit parties divorced to remarry within the life time of the opposite party; and all laws in conflict with this provision are hereby repealed.
The presiding officer (Mr. Friedley of Lawrence, in the chair) decided this motion out of order.
Mr. Harney moved to change the reference to the Committee on Rights and Privileges, and on this motion demanded the previous question.
The Senate seconded the demand for the previous question, and under the operation thereof, the motion to commit the bill to the Committee on Rights and Privileges was agreed to.
REPORTS FROM COMMITTEES.
Mr. Steele, Chairman of the Committee on the Judiciary, returned the bill [S. 162] to authorize transcripts of deeds to be read in evidence, with a favorable report thereon.
Mr. Daggy, from the same committee, returned the bill [S. 116] to amend the decedent estates act of June 17,1852, with a favorable report.
Mr. Gooding, from the same committee, returned Mr. Brown's bill [S. 106] to prescribe the qualifications of petit jurors, with a favorable report.
Mr. Daggy, from the same committee, returned a petition in favor of repealing or modifying the law in relation to granting aid to railroads, recommending that it lie on the table, for the reason that the subject matter is being considered by a Senate committee.
Mr. Gooding, from the same committee, returned the bill [S. 132] to amend section 20 of the Female Reformatory act with a favorable recommendation.
Also the bill [S. 160] to amend the will act of May 31,1852, with a recommendation that it pass.
These reports were severally concurred in.
Mr. Steele, Chairman of the Judiciary Committee, returned Mr. Daggy's bill [S. 110] to repeal section 18 and amend section 24 of the act regulating descents, with a recommendation from the majority that it lie on the table.
Mr. Daggy, from a minority of said committee, recognizing the rights of married women to the property of their husbands at death, and to relieve the statute of the odious distinction in sections 18 and 24, recommended the passage of the bill.
Mr. Daggy stated the object of the bill was to strike down the law allowing the widow only a life interest in the real estate of her deceased husband. Then the bill leaves off the proviso "If a man marry a subsequent time," etc. He thought the wife was entitled to one-third of her husband's real estate - not dependent upon whether or not she marries a second husband. He favored enlarging the rights of married women; and, although in conflict with a majority of the committee, desired the Senate to take action upon the question as brought up by the minority report.
Mr. Steele combatted the minority report, and a debate, participated in by Messrs. Neff, Glessner, Harney, Brown and Daggy, continued till a late hour, when -
On motion by Mr. Brown, the minority report was laid on the table.
The report of the majority was concurred in.
Mr. Boone, from the Judiciary Committee, returned the bill [S. 152] to amend section 26 of the descent act, with the recommendation for indefinite postponement. Concurred in.
CLERK FOR COMMITTEES.
Mr. Brown, by leave, offered a resolution, which was adopted, for the employment of Dr. W. F. Sherrod as a clerk for the special committees of the Senate.
Mr. Orr, by leave, offered a resolution instructing the Librarian to procure a new flag to float from the dome of the Capitol.
Mr. Williams made an ineffectual motion to lay the resolution on the table. It was adopted.
Mr. Dwiggins moved that the Senate concur in the amendment made by the House of Representatives to the bill, [S. 159] providing for the vote of the people on the constitutional amendment restricting the Legislature from ever paying or assuming any indebtedness on account of the Wabash and Erie Canal, changing the election day from the 28th of January to the 18th of February. The motion was agreed to.
Adjourned.
