THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 23, 1873 - ten o'clock A.M.The session was opened with prayer by the Rev. Dr. Bayliss, of the M. E. Church; and on motion by Mr. Bunyan, the reading of the journal was dispensed with.
WORK FOR COMMITTEES.
On motion by Mr. Orr the order of business was dispensed with and the following described bills from the House of Representatives were taken up and read by title for the second reading and referred to appropriate committees:
The bill [H. R. 198] to amend the fifteenth, nineteenth, thirty-first and sixty-ninth sections of the savings banks acts, was read by title. Referred to the Committee on Corporations.
The bill [H. R. 1152] to amend the railroad corporation act of May 11, 1852. Referred to the Committee on Railroads.
The bill [H. R. 3] to repeal the levee, dyke and drain acts. Referred to the Committee on Corporations.
The bill [H. R. 15] to repeal the act negotiating the sale of patent rights. Referred to the Judiciary Committee.
The bill [H. R. 151] to amend the act declaring abandoned certain, unfinished railroads. Referred to the Committee on Railroads.
The bill [H. R. 26] to amend section nine of the justices' act of June 9,1852. Referred to the Committee on the Judiciary.
The bill [H. R. 50] to amend section five of the dog law. Referred to the Committee on Rights and Privileges.
The bill [H. R. 69] in relation to the settlement of supervisors. Referred to the Committee on Township and County Business.
The bill [H. R. 35] to amend the general criminal practice act. Referred to the Judiciary Committee.
The bill [H. R. 59] to amend section 6 of the act amending the supervisor's act of December 20, 18S5. Referred to the Committee on County and Township Business.
The bill [H. R. 14] to amend section 1 of the milldam and raceway act. Referred to the Committee on Rights and Privileges.
The bill [H. R. 71] to amend section 60 of the act for the repeal of the city incorporation act of March 14,1867. Referred to the Committee on Corporations.
The bill [H. R. 162] to authorize cities to correct erroneous assessment. Referred to the Committee on Finance.
The bill [H. R. 155] providing for a general system of common schools in cities of 8,000 inhabitants. Referred to the Committee on Education.
The bill [H. R. 36] to amend sections 1 and 6 of the act incorporating the Franklin Insurance Company. Referred to the Committee on Insurance.
The bill [H. R. 144] to provide for the crossing of railroads. Referred to the Committee on Railroads.
The bill [H. R. 2] to fix court limits in the Third Judicial Circuit. Referred to the Committee on Organization of Courts.
The bill [H. R. 258] to amend section 1 of the Fifteenth Judicial Circuit act. Referred to the Committee on Organization of Courts.
The bill [H. R. 113] to amend section 2 of the amended act in relation to the Attorney-General. Referred to the Committee on the Judiciary.
The bill [H. R. 241] to give security to persons laboring on railroads. Referred to the Committee on Railroads.
The bill [H. R. 56] authorizing the appropriation of money to the State University. Referred the Committee on Education.
The bill [H. R. 112] to render wives competent to testify injuries done to them. Referred to the Judiciary Committee.
The bill [H. R. 123] prescribing time for transaction of road business. Referred to the Committee on Roads.
The bill [H. R. 118] making parties competent witnesses in executions. Referred to the Judiciary Committee.
The bill [H. R. 128] empowering Boards of Trustees to compel the planting of shade trees in towns. Referred to the Committee on Corporations.
The bill [H. R. 130] to render uniform interest on school funds. Referred to the Judiciary Committee.
The bill [H. R. 136] to amend section 647 of the page: 070[View Page 070] practice act of June 18, 1852. Referred to the Judiciary Committee.
The bill [H. R. 138] to amend section three of the city bond sale act of March 11, 1867. Referred to the Committee on Education.
The bill [H. R. 167] to preserve the original Mss. Journals of the Senate and House. Referred to the Judiciary Committee.
The bill [H. R. 170] to amend the 157th and 54th sections of the Practice Act of June, 18,1852. Referred to the Judiciary Committee.
The bill [ H. R. 171] prescribing the manner of selecting petit jurors. Referred to the Judiciary Committee.
The bill [H. R. 174] to amend the 52d section of the City Incorporation Act. Referred to the Committee on Corporations.
The bill [H. R. 177]fixing the court terms in the First Circuit. Referred to the Committee on Organization of Courts.
The bill [H. R. 178] to amend section 1 of the Amendatory Act of the Criminal Practice Act. Referred to the Judiciary Committee.
The bill [H. R. 188] to amend section 438 of the Practice Act of June 18, 1852. Referred to the Judiciary Committee.
The bill [H. R. 210] to amend section 20 of the act establishing Female Reformatory Institutions. Referred to the Committee on Reformatory Institutions.
The bill [H. R. 914] to amend sections 25 and 20 of the descents act. Referred to the Judiciary Committee.
The bill [H. R. 218] to amend section 258 of the general practice act of June 18, 1852. Referred to the Judiciary Committee.
The bill [H. R. 200] to authorize Boards of Commissioners to equalize bounty to soldiers. Referred to the Committee on the Judiciary.
The bill ill. R. 219] to regulate the sale of drugs and medicines. Referred to the Committee on Rights mid Privileges.
The bill [H. R. 215] defining professional prostitution. Referred to the Judiciary Committee.
The bill [H. R. 212] defining the misdemeanor of keeping houses of ill fame. Referred to the Committee on Reformatory Institutions.
The bill [H. R. 302] fixing court terms in Bartholomew county. Referred to a select committee, viz: Messrs. Glessner, Slater and Ringo.
The bill [H. R. 301] to change court terms in Bartholomew county. Referred to same committee.
The bill [H. R. 76] to amend the wet land drain act of March 11, 1867. Referred to the Committee on Corporations.
The bill [H. R. 291] defining the Third Judicial circuit. Referred to Committee on Organization of Courts of Justice.
On motion by Mr. Bunyan, the bill [H. R. 6] in relation to Centennial Association. Referred to Committee on Federal Relations.
PUBLIC PRINTING.
Mr. Friedley, of Lawrence moved to take up the House amendment to this Senate joint resolution [S. 5] passed yesterday in relation to the public printing.
The motion was agreed to and the Senate concurred in the House amendment.
On motion of Mr. Brown the bill [H. R. 137] to amend section of the general Criminal Practice Act was referred to the select committee of five. The Lieutenant Governor subsequently appointed Messrs. Hubbard, Hough, Rhodes, Boone and Smith.
On motion by Mr. Carnahan, seconded by Mr. Haworth, the vote of yesterday laying on the table the Pouting Lane bill [S. 123] was reconsidered, and the bill [S. 123] was referred to the Committee on Agriculture.
THE OLD STATE HOUSE.
Mr. Dwiggins offered a resolution, which was adopted, calling upon the State Librarian for a report of the sums of money expended by him in each month for repairs on the State House and State House grounds and on account of the State Library.
SENATE BILLS PASSED.
On motion by Mr. Harney the Senate proceeded to the consideration of Senate bills on the final reading.
Mr. Hough's bill [S. 127] to amend section 9 of the Act of May 20, 1852, providing for the election of electors for President and Vice-President of the United States - to make the statute of the State conform to the law of Congress on the subjectwas read the third time.
On motion by Mr. Dwiggins the emergency clause was stricken out.
The bill passed by yeas 41, nays 0.
Mr. Cave's bill [S. 24], to amend section 30 of the Supervisor Act, approved Dec. 20,1865, being read the third time. -
Mr. Cave explained that the bill requires the Supervisor to make his annual report to the Township Trustee on the last Saturday in September, instead of the last Saturday in March.
It passed the Senate by yeas, 44; nays, 0.
PRESIDENT PRO TEM. OF THE SENATE.
Mr. Brown moved that the Senate proceed to the election of a President, pro tem.
The Lieutenant Governor stated that when he accepted the office, he had some business on hand that no person but himself can attend to, and not being sure that he would be able to be here next week, or perhaps the week after, it makes it necessary that the Senate should have a President pro tem.
Mr. Chapman called attention to a clause in article 5, section 11, of the Constitution, under which provision a presiding officer can be elected to serve only for the occasion, during the temporary absence of the Lieut. Governor.
Mr Brown presented the name of Capt. George W. Friedley, of Lawrence county.
Mr. Cave nominated the Hon. Oliver J. Glessner, of Shelby county.
No other nominations being made, the vote resulted -
For Mr. Freidley, 25 votes; for Mr. Glessner, 19 votes.
The presiding officer (Mr. Beeson in the chair) announced that Mr. Freidley, having received a majority of all the votes cast, was duly elected President pro tem, of the Senate.
Mr. Glessner, from the select committee returned the Bartholomew County Court bills [H. R. 301 and 302] with a favorable report thereon.The report was concurred in.
On motion by Mr. Glessuer, the constitutional restriction was dispensed with - yeas, 42; nays, 1. The bill [H. R. 301.] to change the time of holding the summer term, of the courts in Bartholomew county, was read by title for the secord the third time by sections, and passed by yeas, 48; nays, 0.
On motion by Mr. Brown, the same course was taken with the bill [H. R. 302.] to fix the time of holding the Bartholomew Common Pleas Court, and the bill finally passed by yeas, 42; nays, 0.
Mr. Smith's bill [S. 14.] to amend section 5 of the act of May 4,1852, concerning mortgages, was read the third time.
It requires satisfaction of mortgages to be entered of record within thirty days after payment of the same has been made:failure to do so after written notice, is made a criminal offence.
The bill was rejected by yeas, 21; nays, 23.Mr. Dwiggins, when his name was called, declaring the bill should not pass, as record of the fact of satisfaction of a mortgage can be compelled under the civil statue as it now stands.
Recess
page: 71[View Page 71]AFTERNOON SESSION.
The President pro tem. [Hon. George W. Friedley] took the chair at two o'clock P. M.
Mr. Harney's bill [S. 122.] to legalize in certain cases and under certain conditions appropriations made by Boards of County Commissioners to aid in building railroads previous to the 12th day of May 1869, and when the appropriations were made without authority of law, and declaring an emergency, was read the third time.
Mr. Harney explained that this bill was drawn up in reference to some cases that have occurred previous to the passage of the County and Township Railroad Act of May 12,1869, where without authority, such aid had been granted; the bill is also intended to allow the donations so made to be considered as subscriptions to the capital stock of such railroads.
After debate by Messrs. Scott, Chapman, O'Brien, Daggy, Dwiggins, Hough and Harney, which will appear in the Brevier Legislative reports, the bill passed the Senate - yeas, 32, nays 12.
AID TO RAILROADS.
On motion by Mr. Brown, the bill [H. R. 297] providing that when a tax has been placed on a duplicate in aid of a railroad, the collection of the tax shall be suspended until the road shall be permanently located, was read the first time.
He then moved for a dispensation of the constitutional restriction, that the bill may be read by title only for the purpose of reference to a select committee.
Mr. Dwiggins resisted the attempt to refer bills to a select committee - he desired them referred to the proper standing committees of the Senate.
Mr. Brown explained that the bill provides for a case where counties along the line have voted large sums of money to aid a railroad. (The officers say the road is permanently located, but in his county not a spade full of earth has been moved, and the object of this bill is to restrain the collection of the tax until a sufficient amount of money is expended upon the road that will justifying the paying over of the money in so large sums.)
Mr. Carnahan indorsed what was just said, and stated he would go so far as to vote for a bill withholding the money until trains have passed through the county.
Mr. Steele was of opinion that this bill would ruin the prospects of many counties in this direction.
Mr. Glessner gave a case in point to show the necessity of perfecting this bill and passing it as easily as possible.
Mr. Sleeth joined in asking that the constitutional restriction be suspended that this bill may be advanced on the calendar. He cited cases where taxes are levied and are being collected where the road missed the county altogether.
Mr. Smith also desired this bill perfected as speedily as possible.
Mr. Cave referred, to a case in his own county where taxes have been collected in aid of a railroad that will, never be run through the township. He, too, hoped to see this bill passed with amendments desirable.
The motion to dispense with the Constitutional restriction was agreed to, ayes40; nays - 5.Mr. Brown now moved that the bill be read through by sections for the second reading.
Mr. Dwiggins declared the constitutional rules were suspended for no such purpose, and accordingly resisted this motion.
Mr. Brown withdrew his motion.
The bill was read by title.
Mr. Brown moved that the bill be referred to the Committee on Railroads.
Mr. Hall moved to amend by referring the bill to the Judiciary Committee.
On motion by Mr. Glessner, this amendment was laid on the table.
The bill was then referred to the Committee on Railroads.
THE STATE PRINTER.
On motion by Mr. O'Brien, the joint resolution [H. R. 11] just reported from the House of Representatives, directing a settlement with the State Printer, was taken up.
Mr. Williams understood the resolution to require the turning over of unfinished printing, and if it does so read, that it should be so amended as not to stop the printing of reports, etc. He moved to amend the resolution by adding these words: "Nothing in this resolution shall be so construed as to require said State Printer to turn over any work that has been commenced until said work is completed."
On motion by Mr. O'Brien, it was laid on the table - yeas, 24; nays, 19.
The joint resolution was adopted - yeas, 32; nays, 11.
Mr. O'Brien, by leave, introduced a bill [S. 229] for an act to legalize the official acts of the Board of Trustees of the town of Cicero, Hamilton county, which was read the first time.
On his motion the constitutional restriction was dispensed with - yeas, 37; nays, 5. The bill was read by title only, and referred to the Committee on Corporations.
AID TO CANALS.
On motion of Mr. Bird, his bill [S. 23] to authorize County Commissioners of the several counties of this State to appropriate money to aid in putting or keeping in repair any canal running in, through or along such counties, was read the third time.
Mr. Daugherty explained that the bill did not make it compulsory on county commissioners, and it only affected those counties through which a canal runs.
The bill passed - yeas 42, nays 1.
Mr. Taylor, when his name was called, stated that the Wabash canal has been virtually abandoned by the trustees, and the counties on its line ask the privilege of maintaining it. He had consulted, he said, Governor Baker on the subject, and that eminent lawyer has expressed the opinion that no State liability whatever could accrue under this bill.
INTEREST ON JUDGMENTS.
On motion of Mr. Sleeth, the bill [H. R. 27] to make interests on judgments the same as expressed on the face of the contract, was read the second time.
Mr. Sleeth moved to amend by adding a section, declaring an emergency.
The amendment was agreed to.
Mr. Steele opposed the passage of the bill.
Mr. Hall moved to amend the bill by adding a proviso, "that any condition of rates which demands payment of attorneys' fees shall be void."
Mr. Gregg hoped this amendment would be adopted. He believed it would meet with the approbation of the bar of his and of the whole country.
On motion of Mr. Beardsley, it was laid on the table - yeas, 28; nays, 17.
Mr. Steele moved to amend the bill by appropriately adding these words: "Provided further that no greater rate of interest than six per cent shall be allowed on any judgment rendered by any court in this State." He argued in favor of the adoption of this provision, alleging that legislation should favor the unfortunate debtor, and declared that the bill would affect injuriously this class unless an amendment similar to the one he offers shall be adopted. Six per cent, he said, was as much as the poor man can bear; if he agrees to pay more let him live up to his contract, but when it comes to a judgment the contract is closed and the law should protect him against a greater rate of interest than six per cent.
Mr. Orr opposed the amendment because custom has placed the rate of interest at ten per cent.
page: 72[View Page 72]Mr. Sleeth, in order that this matter might be fully discussed, moved the subject be made the special order for half-past ten o'clock to-morrow morning.
The motion was agreed to.
Mr. Brown, Chairman of the Committee on Railroads returned the railroad aid bill [H. R. 297] with amendment, adding to section 2 the words, "in the county or towns making the donation," and authorizing the suspension of the tax until the railroad has expended an amount of money on such road equal to the amount of aid granted, etc.
Mr. Dwiggins insisted that the tax should be carried forward from year to year, but not returned delinquent.
Mr. Brown so corrected the report.
The report of the committee was concurred in.
Mr. Brown moved that the bill be read the third time now and put on its passage.
The motion was agreed to and the bill read the third time.
Mr. Hall called attention to the fact that the constitutional restriction was suspended only for the purpose of reading the bill by title for the purpose of reference.
Mr. Brown, for the purpose of clearing all doubt about it, moved a further dispensation of the constitutional restriction that the bill may be pot on its passage now. The motion was agreed to - yeas 35, nays 9. The bill was then read the third time.
Mr. Scott said the bill recites unconstitutional and illegal things, for the Constitution expressly declared that no stock can be subscribed by county commissioners until the money is in the treasury; said the bill was too imperfect in its details to be passed into a law, arid it attempts to change the original contract already made between the people and railroad companies, by saying that the tax shall not be put on a duplicate until certain other things are done, and were it not a corporation on the other side, this bill would fail to pass by a very large vote. The bill passed by yeas 30, nays 9.
The Senate adjourned.
