AFTERNOON SESSION.
The SPEAKER resumed at 2 o' clock and pursued the order of business at the close of the morning session.
REPORTS FROM COMMITTEES
were submitted on the following described bills, the recommendations being concurred in by the House, unless otherwise stated:
On Mr. Lehman's bill, [H. R. 77] to prescribe the power of justices of the peace.
On Mr. DALTON' bill [H. R. 289] for the election of justice of the peace and prescribing jurisdiction: lie on the table.
On Mr. OVERMEYER' bill [H. R. 13] to amend section 172 of an act prescribing the manner of impanelling petit jurors--with amendments.
Mr. OVERMEYER explaining said it simply reduces the number of jurors in the circuit, criminal and superior courts from 12 to 6.
Mr. BRIGGS cited the 20th section of article 1 of the constitution, " In all civil cases the right of trial by jury shall remain inviolate.".He insisted this matter should be carefully investigated.
Mr. OVERMEYER did not believe that after we had enacted such a law the supreme court would every say that the Legislation had not right to decide how many men should constitute a jury. The expense of our judicial system is more than it should be. If you reduce the number of jurors to 6 in every case, you save $200,000 a year to the people. Six jurymen can try a case as well as 12.
Mr. GORDON (interrupting): If it is economy you are after solely, give but one juryman.
Mr. OVERMEYER (continuing): Let us concur in the report, order the bill engrossed, and if the House think best, then we can pass it.
Mr. SHANKS: When the framers of our courts said the General Assembly may modify or abolish the grand jury system, they did not intend we should reduce the number of petit jurors, or they would have said so. Ever since man was put upon trial for his life, 12 men have constituted a jury.
Mr. SLEETH regarded this as one of the most important measures that will come before this legislature, and was willing it shall lie upon the table that members may have an opportunity to examine it. Since the adoption of our constitution, and for 1,000 years before, juries have been composed of twelve men. He insisted where the word "jury" occurs in the constitution it mean 12 men.
Mr. OSBORNE of Elkhart, would favor changing the number of jurors in certain cases. Civil cases might as well be tried by 6 jurors, and it is in the power of the Legislature to make such a provision.
The Supreme Court has decided that a criminal jury can not be composed of less than 12 men. No criminal can be denied his right of trial by jury of 12 men.
Mr. MARCH had a great respect for the Constitution, but no respect for the divinity of numbers. On his motion the bill was referred to the Judicial Committee
On Mr. Allen' bill, [H. R. 122] to authorize cities and towns to sell bonds to build school houses: That the bill pass. It was ordered engrossed for the third reading.
On Mr. Taylor of Warrick' bill [H. R. 44] to amend sec. 2 of the common school law; laid on the table.
On Mr. Schwitzer' bill [H. R. 250] for compulsory education; indefinitely postponed.
On Mr. Davidson' bill [H. R. 277] to amend the common school law; indefinitely postponed.
On Mr. Perry' bill [H. R. 136] for the protection of fish; laid on the table.
On Mr. Compton' bill [H. R. 271] concerning street railways. With amendments that it pass.
Mr. COMPTON explained: It provides that street railways may be run on streets or public roads by first getting permission of the county commissioners on such terms as they may agree.
The bill was ordered engrossed.
On Mr. Mitchell' bill [H. R. 46] to amend section 1 of the township election act of March 3, 1877, with an amendment, that is so pass.
It was ordered engrossed.
On Mr. Garroutte' bill [H. R. 138] requiring township trustees to appropriate any surplus funds now on hand to the benefit of the road fund, that the bill so pass.
Mr. GARROUTTE said: The object of the bill is to transfer the surplus township fund now on hand in the hands of township trustees to the road fund and to be used for that purpose and to legalize such transfer where heretofore made by said trustees. In many townships this fund has accumulated to large amounts and should be used in the improvement of the road. Many trustees have use this fund for road purposes, contrary to law. This bill legalizes such acts of trustees. This is all that there is in the bill. This bill is of importance, and I hope it will pass this House.
Mr. BAKER reported this as an act legalizing what has already been done by some township trustees.
Mr. HARLAN favored and Mr. FAULKNER opposed the bill.
On motion by Mr. LINDLEY, the bill was amended by striking out all that legalizes the transfer of one fund to that of another.
On Mr. HEROD'S bill, [H. R. 96] regulating the inspection of petroleum: That it pass. It was ordered engrossed.
On Mr. Van Valzah' bill, [H. R. 140] to legalize the annexation of lands to cities and towns with amendments. It was ordered engrossed.
On Mr. Briggs' bill, [H. R. 135] to legalize the acts of the board of the town of Shelbourne. It was finally passed by the House by yeas 74, nays 4.
On Mr. Taylor's, of Warrick, bill [H. R. 141] legalizing the act of the board of the town of Boonville.
On the motion of Mr. HEROD, the bill was considered engrossed, read the third time and page: 85[View Page 85] passed the House of Representatives by yeas 77, nays 6.
Mr. FAULKNER explaining when his name was called that he was opposed to legalizing the acts of officials when they had the law before them. He voted "no."
On the motion of Mr. DALTON, his bill [H. R. 17] was taken from the table, amended by Mr. Shanks, and ordered engrossed upon a division--affirmative, 28; negative, 27.
On Mr. Osborne's, of Elkhart, bill, [H. R. 252] defining fornication. It was ordered engrossed.
NEW PROPOSITIONS.
The following bills for acts were introduced, read the first time, and passed to the second reading:
By Mr. GORDON, [H. R. 380] to amend the act regulating foreign insurance companies.
By Mr. NAVE, [H. R. 381] to amend section 58 of an act to repeal all laws now in force for the organization of towns and cities, etc.
By Mr. REED, [H. R. 382] to amend section 9 an act for a general system of common schools.
By Mr. KIRKPATRICK, [H. R. 383] to legalize the Kokomo Gaslight and Coke Company.
By Mr. MAJOR, [H. R. 384] for the protection of fish.
By Mr. MIERS, [H. R. 385] to exempt growing crops from sale on execution until the same shall have fully matured.
By Mr. RODMAN, [H. R. 387] to amend section 635 of the general practice act.
By Mr. RODMAN, [H. R. 388] to divide the public highways among the owners of land, and to create the office of road commissioner.
The House then adjourned until 10 o'clock to-morrow.
