THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, Feb. 12,1879-- 10 o'clock a. m.Prayer by Rev. Mr. Jones, of the Sixth Street M. E. church of this city.
Mr. FOWLER introduced a bill [S. 382] to provide for the government of the Hospital for the Insane, and providing for the admission of persons thereto, both curable and incurable, which was referred to the committee on benevolent institutions.
The order of business for Wednesday, under the rules, being the consideration of bills on the third and last reading in the Senate--
The bill [S. 6, Mr. Sarnighausen's] legalizing acts of ex-notaries public, was read the third time, and finally passed the Senate by yeas 43, nays 2.
On motion by Mr. SARNIGHAUSEN the bill [S. 136, Mr. Dice's] in relation to the use of human bodies for the purpose of dissection was read the third time and finally passed the Senate.
The bill [S. 9, Mr. Sarnighausen's fully described in these reports of Feb. 4.] to promote the success of medicine and surgery by furnishing subjects for anatomical dissection, was read the third time.
Mr. TRUSLER was conscientiously opposed to the passage of this bill, and he believed nine out of every ten of the voters of this State will be opposed to it. He would vote against it for the further reason that it proposes to furnish subjects for the dissecting knife from the poor and unfortunate class of our fellow-citizens. These poor creatures, so unfortunate as to have to live and die in the poor house is enough of sorrow for them without the addition of a statute who will say that when they die their bodies shall become public property and turned over to the tender mercies of the dissecting knife. Then he opposed the bill be cause it would establish a dissecting room in every county in the State. If this bill should pass he would favor the passage of another doing away with all burying grounds attached to poor asylums, for thereafter there will be no use for them. A man to-day may be surrounded with all the comforts of life, but to-morrow may bring about a reverse of fortune and he may become as poor as the poorest; and by voting for this bill how does any senator know but that indirectly he may be voting as public property the bodies of his own or his neighbors' children, who may, by the vicissitudes of life, find a death-bed in a poor asylum.
Mr. STREIGHT spoke in favor of the passage of the bill. He would not favor a measure that would turn over to physicians for dissection all the bodies of those who may die in charitable institutions, but this bill, by an amendment proposed by himself, saves such from the dissecting knife as may express such a wish.
Mr TREAT characterized the bill as anti-Christian, anti civilization, and odious in the sight of God and man. It is one of the most injudicious measures ever presented to a legislative body. No man familiar with the history of the world will call in question the fact that a respect for the human body as the temple of the soul, and a regard for the sacredness of human life, marks the development of science, of civilization and of religion. The respect manifested for the poor and the unfortunate is also a test of advancement in civilization. This bill proposes to make such a disposition of the bodies of the poor and the unfortunate as but very few of us or our friends are willing to make of theirs. We should not make such a disposition of the bodies of the poor that we would not make of our own or those of our friends.
Mr. WOOLLEN referred to the well known fact that prejudices are deep-seated, and in many instances set the better of the judgment. Physicians engaged in the active duties of their profession must have material with which to refresh their memories on the subject of anatomy and add to their knowledge of surgery. The Senate has just passed a stringent law against grave robbing, and now will it say we shall be estopped from learning anatomy and physiology and still hold us responsible in person and property for malpractice? That would be the grossest inconsistency. He had as deep sympathy as any one for the poor and the unfortunate, but under this bill no man on account of poverty will be put to any page: 136[View Page 136] disadvantage. If worthy, his kin folk to the sixth degree of consanguinity can claim the body. It is a well known fact that a great many die in alms houses whose relatives even disown them, and their bodies will become material which we can use under this bill. It is a class of persons without friends, which nobody cares for, that is made use of for anotomical purposes. Were the people made acquainted with the provisions of this bill, no doubt a majority would be in favor of it.
Mr. W. appealed to the Senate, in behalf of his profession, to pass this bill. Anatomy is a science that depends upon the memory, the minute details of which will fail from the memory in the routine of business life, and we must dissect and redissect in order to understand how to replace a dislocation or reduce a fracture in the human body; and yet there is an unwillingness on the part of some senators to pass a law that will furnish the necessary subjects. Is it right and just?
Messrs. Riley. Sarnighausen and Reeve spoke in favor of the bill.
It was finally passed the Senate by--yeas 28: nays 18.
The bill [S. 12--Mr. Morris'] described early in yesterday's proceedings concerning the trial of civil causes in circuit and superior courts, was read the third time and passed the Senate by--yeas 38, nays 6.
The bill [S. 16-Mr. Dice's] but for one change of venue on preliminary examinations in cases of felony, was also finally passed by--yeas 44, nays 0.
The bill [S. 22--Mr. Foster's] legalizing certain acts of the trustee of the town or New Haven, was also finally passed in the Senate by--yeas 36, nays 6.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
The bill [S. 23--Mr. Shaffer's] legalizing acts of the trustees of the town of Huntington, was read the third time, and finally passed the Senate by yeas--31, nays 8.
The court bill [S. 60-Mr. Wilson's] making an exchange of the counties of Switzerland and Scott in judicial districting.
Mr. HARRIS regarded the exchange as unwise, and as probably sought for on account of political reasons more than anything else.
Mr. WOOLLEN desired the passage of the bill principally because the contiguity of territory is far better if the proposed exchange is made.
The bill passed the Senate by yeas 30; nays 14.
Mr. WILSON, when his name was called, asked but failed to obtain an excuse from voting.
The bill [S. 80--Mr. Kramer's, fully described in these reports of Feb. 7] to abolish assessors and treasurers in towns and cities.
Messrs. HARRIS and SARNIGHAU5EN were not willing to have the bill passed without an effort to so amend it that cities may not be compelled to do away with these officers. They were willing to leave it discretionary.
Mr. FOSTER moved to recommit.
Mr. HEFRON favored the abolishment of the office of assessor, but was opposed to the election of marshals by the people, as they were necessarily thrown with the rowdy elements of society, and in nine cases out of ten fail to prosecute that class of individuals to whom they look for support at the polls. He favored the motion to recommit in the hope that that portion of the bill will be stricken out.
Mr. KRAMER opposed the motion to recommit. He was willing to except from the provisions of the bill the cities of Indianapolis and Fort Wayne, so it may be left optional with these cities whet lier they abolish these offices or not. There are always a number of candidates for marshal who will favor unqualified men for the office of trustee in order that they may get the place of Marshal. Now, which is worse--to have Trustees who are incompetent, elected to an important office where they control great financial and other interests or to have a town marshal elective, though he may occasionally jail to prosecute offenders against the law?
Mr. BURRELL moved to recommit the bill with instructions to so amend it as to exclude all towns and cities from the operations of the bill.
Mr. REEVE offered a substitute so as to make it optional with all cities and towns whether they come under the operation of the provisions of the bill.
Mr. DICE thought the question was settled the other day that the bill should pass with the amendment suggested by the Senator from Marion (Mr. Harris). He opposed any further amendment.
Mr. URMSTON would not favor any proposition to disturb the bill, where it refers to the office of marshal. There is no necessity for cities and towns to have an assessor, or to make separate assessments. If the word "may" be inserted before the word "marshal," who is to determine the question? He desired the bill in this case to be imperative.
Mr HARRIS proposed, as a substitute, to re-commit the bill to a committee of one, with instructions to amend the bill, so that cities "may" and towns "shall" abolish the office of assessor, and report at 4 o'clock.
Mr. BURRELL favored his own proposition in preference to this.
Mr. KRAMER desired immediate action, under the operations of the previous question, demanded by Mr. GARRIGUS. The substitute [Mr Harris'] was adopted by--yeas 28, nays 17. Thereupon the LIEUTENANT GOVERNOR appointed Mr. Harris as said committee.
Subsequently Mr. HARRIS returned the bill [S. 80] with a report in accordance with the instructions above set forth. The report was concurred in.
Mr. TAYLOR has some experience and knowledge of town business and knew that the better class of men would not accept the place of marshal as a rule, and consequently second rate men are generally put in that position. He preferred the proposition submitted by the senator from Jackson [Mr. Burrell].
Mr LEEPER had heard expressions from his constituents in opposit on to this bill, and consequently should vote against it.
The bill finally passed the Senate by--yeas 37, nays 9.
The bill [H. R. 140] to legalize certain proceedings of the trustees of the city of Terre Haute and the board of commissioners of Vigo county in the matter of annexation of land to Terre Haute was read the third time and finally passed by--yeas 40, nays 5--Messrs. MENZIES,VIEHE and DONHAM explaining its provisions.
The bill [S. 158--Mr. Harris'] to remove legal disabilities from married women, was read the third time and finally passed the Senate by-- yeas 42,nays 4.
The bin [S. 280--Mr. Comstock's] in relation to libraries the trustee of the township may levy a tax annually of not more than two cents on the $100 valuation--was read the third time and finally passed the Senate by--yeas 45, nays 1,
The bill [S. 303--Mr. Leeper's] authorizing the formation by farmers of associations for protection against fire or lightning, was read the third time and passed by--yeas 42, nays 3.
Mr. LEEPER explaining that the bill is to enable such companies as may desire to insure page: 137[View Page 137] buildings against damage by lightning also, whether fire follow or not.
NEW PROPOSITIONS.
The following described bills for acts were introduced, read the first time and severally referred to appropriate committees:
By Mr. TRAYLOR, [S. 381] to provide for the publication of legal and official matters in newspapers.
By Mr. DAVIS, [S. 382] amending an amendatory of an act authorizing aid by counties and townships to railroads, so as to fix terms for freight rates, location of machine shops, depots, etc, and making it the duty of county commissioners to contract, and enforce the performance of the same. by
Mr. BURRELL, [S. 383] to regulate insurance companies--amount insured to be deemed the true value.
By Mr. MENZIES, [S. 384] creating a board for settlement of claims due the State [$350,000 from 52 counties] from counties for arms, munitions of war and ordnance stores--the governor to appoint three commissioners--the adjutant general to be one of the three.
By Mr. FOWLER [S. 385] to establish a board of State charities--the governor to appoint four to serve without compensation, two of which shall be women, one of whom at least once in each year shall visit and examine the management of a public charitable, penal or reformatory institutions.
By Mr. STREIGHT, [S. 386] to provide for the care and custody of orphan or abandoned children in any benevolent institution open for their reception.
Then the Senate adjourned.
