THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Jan. 31,1879-- 10 o'clock a. m.The Senate met pursuant, to adjournment--Lieutenant Governor GRAY in the chair.
The session was opened with prayer by Rev. Jacob Rothwilder, of the German M. E. church, of this city.
Several dozen reports were made from the standing committees, which were placed on the files without, reading, under an order by the presiding o nicer.
Mr. SARNlGHAUSEN,from the committee on education, returned a resolution of the Senate for request of the superintendent of public instruction to furnish information as to what extent local school levies, now authorized by law, can be reduced without injury to the public schools, with a recommendation that it be adopted: and on his motion there port was concurred in. So the resolution was adopted.
Mr. FOSTER, from the committee on printing, returned a resolution looking to the early printing of the laws passed, recommending the adoption of the following:
Be it resolved by the Senate, the House concurring, that all laws in the order of their enactment, and as soon thereafter as practicable, be printed at the lowest possible cost, and in sufficient numbers to supply each clerk, auditor's office and bar association of this State with a copy thereof.
Mr. HARRIS moved to substitute for the words "lowest, possible cost" these words: "In the cheapest manner possible."
On motion the resolution was recommitted with instructions to amend so as to provide only for the printing of such laws as contained an emergency clause.
Mr. FOWLER offered the following:
Resolved, That the judiciary committee be and they are hereby instructed to prepare and report a bill for the submission to the qualified electors of the State the constitutional amendments which have been ratified by both branches of the General Assembly.
It was referred to the judicial committee.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally referred to appropriate committees, as follows:
By Mr. SARNIGHAUSEN, [S. 300] to amend section 26 and 61 of the general city incorporation law of March 14,1867, so City Councils may take the county appraisement for taxes or order a special appraisement for one year or a number of years, not exceeding five years, and may order that the road labor tax not be worked out, but paid in cash.
By Mr. DONHAM [S. 301] to abolish the office of supervisor of highways--the county commissioners to appoint an overseer of roads from the county.
By Mr. WINTERBOTHAM, [S. 302] to divide the state into congressional districts,
By Mr. LEEPER, [S. 303] to amend section 1 of the voluntary fire or life association act of March 14, 1874.
By Mr. STREIGHT, [S. 304] providing for the appointment of a railroad commissioner by the governor.
By Mr. SHAFFER, [S. 305] to provide for the construction of fish ladders over dams, and the maintenance of the same. The bill is accompanied by a petition signed by over 1,000 citizens favoring its passage.
By Mr. STREIGHT, [S. 306] for the better protection of sheep, and to discourage the keeping of sheep-killing dogs.
By MENZIES, [S. 307] to amend section 784 of the general practice act of June, 1852; suit to commence within two years, damages not to exceed $10,000.
By Mr. KRAMER, [S. 308] to fix the rate for the annual publication of the delinquent tax lists.
By Mr. COMSTOCK,[S. 309] to allow admissions under eighteen years of age to the house of refuge.
By Mr FOWLER, [S. 310] to regulate conditional sales of personal property, and to provide for recording the terms of the conditions.
By Mr. POINDEXTEB, by request, [S. 311] to abolish the state normal school.
page: 92[View Page 92]By Mr. WILSON, [S. 312] to authorize the appointment of a commissioner of fisheries for the state of Indiana, by the governor.
And then came the recess till 2 o'clock p. m.
AFTERNOON SESSION.
By Mr. TRAYLOR, [S. 313] to legalize sheriff's, administrator's, guardian's and commissioners'sales, made in pursuance of notice having been printed in the English language in newspapers published in the German language.
By Mr. LANGDON, [S. 314] by request, to amend section 28 of the plank macadamized road act of May 12,1852.
RIGHTS OF MARRIED WOMEN.
The LIEUTENANT GOVERNOR announced the special order for this hour being the consideration of the bill [S. 158--Mr. Harris'] concerning married women--removing all legal disabilities--the same as if she were single.
Mr. REEVE moved to amend section 7 so that the husband shall not make repairs or improvements upon the property of his wife without her consent in writing, delivered to the contractor or person making the improvements. Unless there be some way to preserve her objection it will be impossible for her to show that objection. Sooner or later we must come to the principles embodied in this bill, and the sooner the better.
Mr. HARRIS: The amendment will have to be written to meet the object of its author. There are men in this city who think whatever they may acquire, if not in direct violation of the criminal code. Is all right; and they have wives who aid and abet them in the way of getting improvements on the property of the wife and never paying for them. Usually the wife will protect her own interest; but in the interest of even handed justice this provision ought to stand as it is in the bill. It she don't want the improvement she can say so to the workmen, and then her property will not be chargeable.
Mr. LANGDON: How far we shall go in advancing the separate interests of married women is a serious question. There is no justice or common sense in some of the provisions of this bill. It would start a controversy at the hearthstone, where it is the policy of law to keep peace and quiet. Would you go into the courts of justice with a controversy between husband and wife? Unless the husband has her authority he ought not to bind his wife's property; and to preclude controversy the authority ought to be put down in writing.
Mr. REEVE: If senators can find a laboring man, that, during life time, is deserving of more pity or commiseration than the average wife, they can find what he has not yet dis- covered. If Use balance of the bill be of any consequence, moist certainly this amendment should be made. It is an easy matter for a laboring man to ask for the written consent of the wife before making improvements on her property.
Mr. BURRELL cited reasons why the amendment should be adopted. He would favor such an agency as would be a matter of record.
Mr. OLDS moved to amend section one by inserting after the words "personal property" the words 'in certain cases,' with a view to follow this amendment with others to carry his idea through the bill.
Mr. HARRIS--The amendment would make nonsense of the section.
The amendment was rejected.
Mr. COMSTOCK moved to amend section two so it will read as follows:
A married woman may carry on any trade or business and perform any labor or service on her sole and separate account. The earnings and profits of any married woman accruing from her trade, business, services or labor, other than labor for her husband or family, shall be her sole and separate property.
Mr. MENZIES favored this amendment because the language in the bill is capable of different interpretations. Every law should be free From any ambiguity or doubt.
Mr. BURRELL moved to amend by striking out the words "other than labor for her husband and family."
Mr. REEVE: The amendment would make the wife a femme sole to all intents and purposes. Every movement towards separating husband and wife is attended with danger. They will adopt themselves to the inevitable. He urged senators to make no innovation that will tend to the destruction of the marital relation, but to make laws consistent and dignified.
The amendment, was rejected.
Mr. REEVE made a motion to reconsider the vote adopting the amendment [Mr. Comstock's.]
On motion by Mr. VIEHE this motion was laid on the table--yeas 36, nays 10.
Mr. OLDS offered a substitute for section 3, which was rejected.
Mr. HEFRON moved to amend section 3 by inserting the words "in writing" in lieu of the word "affirmatively." We are treading upon holy ground in attempting to define the legal rights of husband and wife.
It was agreed to upon a division--affirmative 24, negative 15.
Mr. BRISCOE moved to strike from section 3 these words; "And unless her husband con- sent thereto affirmatively and make use of such property and its proceeds, he shall in no wise be held liable for any debt so contracted by her.'7
The motion was agreed to upon a division--affirmative 24, negative 14.
Mr. COMSTOCK moved the following as a substitute for section 7: "Whenever The husband causes repairs or improvements to be made on the real property of the wife with her knowledge and consent thereto in writing delivered to the contractor or person performing the labor or furnishing the material, she shall alone be liable for material furnished or labor performed."
It was adopted.
Mr. REEVE proposed an additional section declaring all transfers of property made by the husband to the wife, when he is indebted to any other person, he being otherwise insolvent, to be null and void.
It was rejected.
The nine sections, as amended, were adopted as a whole, and the bill ordered engrossed for the third reading.
And then the Senate adjourned.
