IN SENATE.
MONDAX, January 11, 1875.The Senate met at 2 o'clock p. m., pursuant to adjournment - Lieutenant Governor SEXTON in the Chair.
The Secretary's minutes of Friday's proceedings were read and approved.
LEAVE OF ABSENCE.
Mr. PEED asked and obtained leave of absence for the Senator from St. Joseph, [Mr. Henderson,] for one week on account of sickness.
THE STANDING COMMITTEES.
The LIEUTENANT GOVERNOR. I would like to say to Senators now, that it has been customary on this day's session of the Senate to announce the standing committees. I have been absent two days on that duty and on my return find upon my table a number of communications from various persons on that subject. If I know myself I intend to do what is the SQUARE THING between Senators of all parties, and for that reason I will not announce the committees till to-morrow morning.
LEAVE OF ABSENCE.
Mr. STOCKSLAGER asked and obtained leave of absence for Mr. Smith till to-morrow at 2 o'clock p. m.
DOORKEEPER - EMPLOYEES.
Mr. FRIEDLEY of Scott. Mr. President: Dr. Menifee, the Doorkeeper of the Senate is present and ready to take the oath of office.
The LIEUTENANT GOVERNOR having directed the Doorkeeper to come forward, Dr. Menifee stood in front of the President's chair and was duly sworn into office by the President of the Senate.
Mr. FRIEDLEY of Scott, submitted the following:
Resolved, That if any employee of this House shall become intoxicated he shall be deemed unworthy of the position he filled, and he shall be dismissed by his employer and his place filled by a sober man.
It was adopted nem con.
SOLDIERS OF THE MEXICAN WAR.
Mr. THOMPSON presenting a petition therefor from a committee appointed at a meeting of soldiers of the Mexican war, held at the city of Indianapolis, on the 7th day of this month, introduced a Joint Resolution, [S. 1] as follows:
Be it resolved by the General Assembly of the State of Indiana, That our Senators in Congress be instructed, and our Representatives in Congress be requested to use all their influence to secure the passage of a law, granting without favor or discrimination to those who served in the Mexican War for a period of sixty days or more, and were honorably discharged, the small sum of eight dollars per month during their natural lives.
It was read the first time and passed to the second reading.
NEW PROPOSITIONS.
Mr. GIVAN introduced bill [S. 27] for an act to regulate and license the sale of intoxicating liquors, and to provide against the evils resulting from the sale thereof; to prohibit the adulteration of liquors and providing that it shall be unlawful for any person to furnish any minor or person intoxicated or in the habit of getting intoxicated, any intoxicating liquors, or for any person under the age of twenty-one years to purchase any intoxicating liquors, or for any person to purchase any intoxicating liquors on Sunday or on the day of any State, county or township municipal election, in township, town or city where said election may be held, to be drank as a beverage, or for page: 23[View Page 23] any person to get intoxicated and be found intoxicated in any public place, and prescribing penalties for the violation of said act, and repealing all laws coming in conflict with any of the provisions of this act, and declaring an emergency.
[It provides for a License Law - that any person desiring to sell in a town of over forty thousand inhabitants shall pay a fee of one hundred dollars; - between twenty and forty thousand, seventy-five dollars; - townships between three and twenty thousand, fifty dollars; - townships of three thousand and under, twenty-five dollars.
It declares it to be unlawful for any person to become intoxicated; or for any minor to purchase any intoxicating liquors to be drank by said minor; or for any person to adulterate or sell any adulterated intoxicating liquors.]
Mr. SLATER introduced a bill [S. 28,] for an act to amend section 58 of the general city incorporation act, approved March 7, 1873. [It provides that no more than five acres of farm land lying within the limits of any incorporated town or city shall be taxed for municipal purposes.]
Mr. RHODES introduced a bill [S. 29] for an act abolishing grand juries, and authorizing all criminal proceedings to be instituted by affidavit; compelling the attendance of witnesses and repealing all laws in conflict with this act.
Mr. SARNIGHAUSEN introduced a bill S. 30.] for an act creating a Department of Statistics, and prescribing rules and regulations for the government of the same [in the Secretary of State's office.]
Mr. BEARDSLEY introduced a bill [S. 31] for an act for the protection of wild game, and fixing the time in which the same may be killed, and declaring the penalty for the violation of this act, repealing laws conflicting herewith, and declaring an emergency.
Section 1 declares that it shall be unlawful to kill in any manner, any wild buck, or fawn, wild turkey, ruffed grouse, (commonly called pheasant) and quail, between the first day of January and the first day of October of every year, or any pinnated grouse (commonly called prairie chicken) between the first day of February and the fifteenth day of August of any year, or any wild goose, brant, mallard, woodduck, red-head, blue or green winged teal or other wild water fowl, snipe or plover, between the fifteenth day of April and the first day of September of each year, or any woodcock between the first day of February and the first day of July of each year.
Section 2 fixes the penalty for violations of this act.
Section 3 declares that it shall be unlawful for any person to net or trap, at any time, any of the animals or birds or fowls mentioned in section 1 of this act.
Section 4 declares that it shall be unlawful to purchase or sell, or offer for sale, any of the animals, birds or fowls mentioned in section 1, of this act, during the time when the killing of the same is made unlawful by this act.
Mr. WINTERBOTHAM introduced a bill [S. 32] for an act to limit the appointment to office in the Punitive, Reformatory, and Benevolent Institutions of the State.
Mr. DYKEMAN introduced a bill [S. 33] for an act appropriating $125,000 to defray the expenses of the 49th General Assembly of the State of Indiana.
Mr. DYKEMAN introduced a bill [S. 34] for an act relating to attorneys' fees. [It proposes to abolish all clauses in commercial papers for the payment of attorneys' fees.]
Mr. SLATER made an ineffectual motion for a dispensation of the Constitutional restriction, that this bill might be passed to the second reading to-day.
Mr. DYKEMAN introduced a bill [S. 35] for an act repealing an act entitled "An act relating to interests on judgments," approved February 5, 1873.
Mr. HOWARD introduced a bill [S. 36] for an act declaring illegal and void agreements to pay attorney's fees contained in any bill of exchange, acceptance, draft, promissory notes or other written evidence of indebtedness.
Mr. PEED introduced a bill [S. 37] for an act providing for the publication of official matter in German newspapers.
Mr. STOCKSLAGER introduced a bill [S. 38] for an act to repeal sections one, two, three, four and five, of "An act supplemental to an act to provide for uniform assessment of property and for the collection and return of taxes thereon," approved December 21, 1872; approved March 8, 1873.
Mr. BEARSS introduced a bill [S. 39] for an act repealing the first, second and third sections of "An act authorizing the assessments of all the lands within one and one-half miles on either side, or with or within one and one-half miles of the terminus of any plank, macadamized or gravel road, organized under and persuant to act of the General Assembly of the State of Indiana entitled "An act authorizing the construction of plank, macadamized or gravel roads," approved May 12, 1852, when the subscription to page: 24[View Page 24] such road amounts to, at least, $800 per mile, and is not sufficient for the completion of the same, and the collection of such assessments, provided, the lands are situated within the county, in which such road is located," approved March 11, 1867, and all other laws authorizing the assessment of any taxes or assessment for the construction of said roads, and declaring an emergency.
The bills were read the first time, and severally passed to the second reading.
PAY OF MEMBERS.
Mr. DYKEMAN moved that the constitutional restriction be dispensed with so that his bill [S. 33] for an act to defray the Expenses of the General Assembly may be advanced to its final reading.
A constitutional provision requiring the yeas and nays, they were ordered, and being taken resulted - yeas 42, nays 4.
So the motion was agreed to, and the bill [S. 33] was read the second time.
Mr. SARINGHAUSEN moved that the bill be considered as engrossed, read the third time, now, and put upon its passage.
The LIEUTENANT GOVERNOR ordered the Secretary to call the roll.
Mr. GIVAN. Will not one vote to suspend the constitutional rule, answer for both readings?
The LIEUTENANT GOVERNOR. That has been the practice in the other end of the capitol, but for my own part, I do not believe it is in compliance with the constitutional requirement. I think the constitutional restriction should be suspended by vote of yeas and nays every time a bill is read more than once on the same day. I know the contrary has been the practice in the other end of the capitol, but it is condemned by the best authorities.
Mr. SLATER. Even if that was the rule, it would not apply in this case, for the motion did not contemplate two readings.
The LIEUTENANT GOVERNOR. The way I put it, it did, but it requires just as much of a suspension of the constitutional rule now to read it the third time as it did to read it the second time. Call the roll.
The notion [Mr. Sarnighausen's] was agreed to - yeas, 45, nays, 2.
So the constitutional restriction was again dispensed with, the bill [S. 33] for an act appropriating $125,000 to defray the expenses of the forty-ninth General Assembly of the State of Indiana, was read the third time, and finally passed the Senate by yeas, 45, nays, 1.
NEW PROPOSITIONS.
Mr. LARUE introduced a bill [S. 40] for an act to enable employees of railroad companies to collect compensation for labor performed, and to make the stockholders of railroad companies liable for such labor, and to enable stockholders to enforce contribution against other stockholders, and declaring an emergency.
Mr. NEFF introduced a bill [S. 41] for an act to limit the number of Justices of the Peace, in each township, prescribing their jurisdiction, requiring them to use a seal, and repealing all laws in conflict with this act.
[It provides for one Justice of the Peace for each township, one in addition for each incorporated town, and two in addition for each incorporated city, their jurisdiction to be co-extensive with the county.]
Mr. PEED introduced a joint resolution [S. 2] instructing our Senators, and requesting our Representatives in Congress to use all proper means to secure an appropriation of money from the general Government for the improvement of the east fork of White river, between the mouth of said river, and the point where the New Albany and Saleni railroad crosses said river.
Mr. HUMPHREYS introduced a bill [S. 42] for an act to provide for the redemption of personal property sold for taxes. [Redemption may be made in thirty days by paying ten per cent, penalty.]
Mr. THOMPSON introduced a bill [S. 43] for an act to amend section 647 [Mechanic Lein] of the general practice act, approved June 18, 1852.
Mr. HUMPHREYS introduced a bill [S. 44] for an act to declare null and void parts of certain contracts, [the clause in any obligation for the payment of money or delivery of property for attorney's fees.]
Mr. BELL introduced a bill [S. 45] for an act in relation to the appointment of receivers, and to authorize appeals in certain cases. Mr. BOONE introduced a bill [S. 46] to amend the eighth section of an act concerning real property, and the alienation thereof approved May 6, 1862.
[This amendment will subject the moiety of the husband to his separate debts, and that of the wife to her separate debts in the manner as estates in common. In all other respects a conveyance to husband and wife will be construed to create estates in common, and not in joint tenancy.]
Mr. BOONE introduced a bill [S. 47] for an act to amend sections 3 to 18 inclusive of the fee and salary act, approved March 8, 1873. [It proposes to reduce the fees of the Supreme Court Clerk, the the Secretary of State, County Clerks, Treasurers, Auditors, Sheriffs, Surveyors, page: 25[View Page 25] Prosecuting Attorneys, and for legal advertising.]
Mr. BUNYAN introduced a bill [S. 48] for an act concerning the election and organization of Boards of School Trustees and to repeal all laws in conflict there with, and declaring an emergency. [The Common Council of cities and the Boards of Trustees of incorporated towns to elect.]
Mr. MAXWELL introduced a bill [S. 49] for an act requiring officers to account for interest. [Every public officer having the custody of any public moneys.]
Mr. HOWARD introduced a bill [S. 50] for an act to provide for the incorporation of any public or private cemetery already laid out and recorded, where any of the lots therein are occupied for the burial of the dead, to provide for its maintenance and improvement, and additions thereto, the collections of assessments made thereon and the election of officers for its government.
Mr. BOWMAN introduced a bill [S. 51] for an act to repeal section two of the common school law.
[The bill proposes to repeal the act for appointment of County Superintendent and thereby abolish the office.]
Mr. GROVE introduced a bill [S. 52] for an act to amend the fourth and ninth sections of an act for the incorporation of Building and Loan Fund and Saving Associations, approved March 5,1857, and to legalize certain contracts made by such Associations, and declaring an emergency
These bills were read the first time and severally passed to the second reading.
A MESSAGE FROM THE HOUSE
Announced the names of the members on the part of the House of Representatives of the Joint Standing Committees.
LEAVE OP ABSENCE.
Mr. FRIEDLEY, of Scott, asked and obtained indefinite leave of absence for Mr. Roe, on account of sickness.
PAPERS, BREVIER REPORTS, ETC.
Mr. DAGGY submitted the following:
Resolved, That the Postmaster of the Senate be requested to confer with the publishers of the daily Journal and Sentinel, and find out at what rate they will furnish their papers per copy, and also the same folded and stamped, to the several members of the Senate, to be delivered in the Senate Chamber.
It was adopted.
Mr. FRIEDLEY, of Scott, submitted a resolution requesting the Secretary of State to place on the desks of Senators the Journals, Acts, BREVIER REPORTS, and Annual Reports for 1872 and 1873.
It was adopted.
Mr. OLIVER submitted the following:
Resolved, That the doorkeeper of the Senate be instructed to procure for the benefit of the members thereof, one copy each of the following papers, viz: Sentinel, Journal, News, Sun, Telegraph, Volksblatt, Herald, People and Globe.
Mr. DAGGY. I offered a resolution a while ago to find out at what price the morning papers could be had, to accommodate members of the Senate. This resolution would make it obligatory upon us to pay for them. I think it better for each member to subscribe for the paper he wants.
Mr. GIVAN. I move to lay the resolution on the table.
The motion was agreed to.
Mr. FRIEDLEY, of Lawrence, submitted the following concurrent resolution:
Resolved, By the Senate, the House concurring, that the two Houses of the General Assembly of the State of Indiana, will meet in joint convention, in the Hall of the House of Representatives at 2 o'clock, p.m., on the 26th day of January, 1875, for the purpose of electing a State Librarian, three Directors of the Northern Prison, one Director for the State Prison, south, two Trustees of the Blind Asylum, one Trustee for the Deaf and Dumb Asylum, one Trustee for the Insane Asylum, and one Trustee for the Soldiers' Orphans' Home.
Mr. HARNEY. I move to lay the resolution on the table for the present.
Mr. FRIEDLEY. I got the list of offices to be filled from the Secretary of State, and I apprehend it will be found correct. I am willing, however, that the resolution shall lay over till to-morrow.
Mr. HARNEY acquiescing and withdrawing his motion -
It was so ordered by consent. And then the Senate adjourned till tomorrow morning till 10 o'clock.
