THE BREVIER LEGISLATIVE REPORTS.
VOLUME EIGHTEEN.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, March 15,1879-- 9 o'clock a. m.The secretary's minutes of yesterday's proceedings were not read. Mr. FOWLER offered a concurrent resolution that this session of the General Assembly adjourn sine die on Tuesday the 25th inst.
Mr. MENZIES moved to amend by substituting next Saturday.
On motion by Mr. REEVE--yeas 23, nays 22--the resolution and amendment were indefinitely postponed.
Mr. REEVE introduced a bill (S. 455] to provide for insuring property belonging to the State of Indiana, which was read the first time. He made an ineffectual motion for a dispensation of the constitutional restriction that, the bill might be pressed to the final vote on its passage.
On motion by Mr HARRIS, the Senate resumed the consideration of the general appropriation bill.
Mr. STREIGHT moved to amend the bill by reducing the pay of the adjutant general from $1,250 to $500.
Mr. COMSTOCK moved to amend the amendment by making the pay $800, which was accepted by Mr. Streight, but rejected by the Senate--yeas 18, nays 21.
On motion by Mr. WINTERBOTHAM, the the appropriation to the prison North was increased from $70,000 to $75,000, by yeas 32, nays 6.
Mr. LEEPER moved to add a night watchman for the Library rooms at a salary of $590, which was agreed to by yeas 30, nays 10.
Mr. STREIGHT moved, ineffectually--yeas 9, nays 29--to reduce the pay of adjutant general from $1,250 to $700.
Mr. MENZIES moved to adopt the bill, as amended, as a whole, and on that motion demanded the previous question, which was seconded by yeas 28, nays 9, and under its operations the motion was agreed to and the Senate amendments to the bill were ordered engrossed for the third reading.
Leaves of absence were severally asked and obtained for seven or eight senators, whereupon--
Mr. LEEPER offered a resolution that when the Senate adjourn it be till Monday.
Mr. HARRIS, without wishing to reflect on members, deprecated the granting of leaves of absences, opposed the resolution, and urged dispatch of business in order that the session may speedily be brought to a close.
Mr. MENZIES thought it hardly generous for the senator who has the privilege of going home from this chamber to his household and family at all hours of the day, and who has never been removed from his house one night this year, to reflect upon others who can not enjoy those privileges. It being evident, since last night when senators commenced going away, and this morning while others are making preparations to go, that there would be nothing done Monday morning, he had accepted an invitation to visit with a gentleman outside of Indianapolis over Sunday, bat he would not stand in the way of finishing the work of this session, and so withdrew his request for leave of absence. Several other senators who were granted the same also withdrew their leaves of absence.
Mr. LEEPER asked and obtained leave to withdraw his resolution, saying that he offer- ed it. because so many leaves of absence were being granted it was evident the Senate would be left without a quorum this after- noon,
On motion by Mr. KENT the Senate agreed to proceed to the consideration of House bills now on the files of the Senate, which passed both Houses last session, but failed to become laws because not presented to the governor for his signature within the time prescribed by the constitution.
The bill [H. R. 661] to legalize certain acts of commissioners of Clinton county in the purchase of a certain tract of land at sheriff's sale (similar to the bill H. R. 55), was read the first time.
On motion by Mr. Kent the constitutional restriction was dispensed with--yeas 40, nays 1--the bill read the second and third times, and passed the Senate by yeas 39, nays 2.
The bill [H. R. 662] to legalize the incorporation of Auburn, DeKalb county, and annexa-[tions] page: 27[View Page 27] [annexa]-tions thereto (similar to the bill H. R. 231) was read the first time.
On motion by Mr. MERCER, the constitutional rule being suspended for that purpose--yeas 38, nays 1--the bill was read the second time by title only, the third time by sections, and passed the Senate by yeas 37, nays 1.
The bill [H. R. 664] for 'the relief of the estate of John T. Bishop, deceased, and other sureties on the official bond of a defaulting township trustee of Cass county (similar to a bill passed last session by both Houses) was read the first time.
On motion by Mr. REEVE the constitutional rule was suspended--yeas 35, nays 1--and the bill read the second time by title only, the third time by sections, and passed by yeas 34, nays 7. He said the bill should have been drawn so as to permit the County Commissioners to settle these accounts, but since the decease of the principal the only other recourse is by way of this bill; no money relief being involved, it is right, and should be passed.
The bill [H. R. 663] to amend the charter of Evansville so as to admit of a change to the name of Lamasco (similar to a bill which passed both Houses last session), was read for the first reading.
On motion by Mr. FOWLER. the constitional rule was dispensed with--yeas 39, nays 1--and the bill was read by title only for the second time.
Mr. FOWLER moved to amend by reducing the time for publication of notice to voters from "30 to "six" days.
The amendment was agreed to.
On motion by Mr. FOWLER, the constitutional rule was suspended--yeas 38, nays 1--the bill read the third time, and passed by yeas 37, nays 1.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
The bill [H. R. 660] to legalize an election held. In Edinburgh, Johnson county, was read the first time.
Mr. TARLTON said this was a bill which passed both Houses at the last session, but failed to become a law because not presented to the governor in time; he therefore moved that the constitutional rules be suspended in order that the bill may be read the second and third times now and put upon its passage.
The motion was agreed to by--yeas 35, nays 0. The bill was read the second time, by title only, the third time by sections, and passed by yeas 37, nays 1.
The bill [H. R. 665] for the relief of John R. Robinson, a former trustee of a township in Montgomery county, (similar to the bill H. R. 578) was read the first time.
Mr. PETERSON said this is another of those bills passed both Houses last session, but which failed to receive the governor's signature. He moved that the constitutional rule be suspended in order that the bill may be read the second and third times now.
The motion was agreed to by yeas--34, nays 3. The bill read by title only for the second reading, the third time by sections, and passed by yeas 32, nays 3.
The bill [H. R. 667] supplemental to the act allowing cities and towns to issue bonds to pay indebtedness incurred for school purposes, (similar to bill [H. R. 122] which passed both Houses last session) was read the first time.
On motion by Mr. SARNIGHAUSEN the constitutional restriction was dispensed with--yeas 39, nays 0. The bill read the second time by title only, the third time by sections, and passed by yeas 38, nays 2.
The bill [H. R. 666] to amend section 1 of the private cemetery incorporation act of March. 9, 1875, (similar to a bill passed both Houses last session), was read the first time.
On motion by Mr. HARRIS the constitutional rule was dispensed with--yeas 37, nays 1. The bill read the second time by title only, the third time by sections, and passed the Senate by--yeas 39, nays 0.
The House concurrent resolution for paying expenses of witnesses, etc., in the matter of the State House Investigating Committee, amounting to $515.64, with a favorable report from the Finance Committee, was read.
Mr. STREIGHT moved to strike out the names of the parties who instigated this prosecution.
Mr. WINTERBOTHAM understood this investigation was instigated by the House of Representatives.
Mr. TAYLOR: This being a matter brought about, by the House of Representatives, he opposed any change in the resolution. He would vote against any cutting down by one House of any expense incurred by the other.
Mr. REEVE opposed the resolution. While believing it to be the duty of this branch to concur with the other in all legitimate business of legislation, no expense should be incurred in following up street rumors, for that is beneath the dignity of a deliberative body.
Mr. TAYLOR thought the fact that the State House Commissioners came out of the investigation fully sustained, was worth ten times more money than it has cost. The people will have more confidence in the future acts of these gentlemen than they would otherwise have had.
Mr. STREIGHT insisted there never was any reasonable cause for this investigation.
Mr. MENZIES thought the adoption of the amendment would be making a very bad precedent. The amendment was rejected, and the resolution was adopted.
The House concurrent resolution allowing expenses of the House committee when visiting the State Prison South was adopted.
The House concurrent resolution appropriating $69.65 for incidental expenses of the House of Representatives was adopted.
The House concurrent resolution for the renting of a committee room at the Occidental Hotel, and allowing $1 a day for the doorkeeper thereof, was read.
Mr. FOSTER moved so strike out all that refers to renting a room.
On motion by Mr. TAYLOR the resolution was laid on the table. The joint resolution [H. R. 35] for the publication of the new interest law--2,000 copies to be distributed in each county then the governor to proclaim the act in full force and effect, was read.
On motion of Mr. LANGDON it was laid on the table.
On motion by Mr. TRAYLOR the bill [H. R. 610] to legalize elections in and all the official acts of the trustees of the town of Paoli, Orange county, was read the second time. On his further motion the constitutional rule was dispensed with--yeas 34, nays 0--the bill read the third time and passed by--yeas 34, nays 1.
On motion by Mr. FOSTER the Senate proceeded to the consideration of Senate bills on the second reading.
The bill [S. 53--Mr. Woollen's] to amend section 94 of the property assessment act of December 21, 1872, was read the second time.
Mr. HARRIS favored its passage.
It was ordered engrossed for the third reading. The bill [S. 89--Mr. Winterbotham's] for the repeal of the savings bank law coming up with a committee report recommending indefinite postponement
page: 28[View Page 28]Mr. WINTERBOTHAM hoped the report would not be concurred in. Under the present law the poor may be robbed of their hard earnings, and it ought not to remain on the statute books, for there is no protection under it to the depositors. He moved to amend the report by appropriately insert the words "that the bill do pass" instead of the recommendation for indefinite postponement.
Mr. BRISCOE also hoped that the report would not be concurred in. He regarded these savings bank and national banks as a curse to the earth, and things that ought to be wiped out of existence.
Mr. COFFEY favored indefinite postponement. Gentlemen in favor of national banks desire this law repealed, and wished to see saving banks stricken down. If this were passed into a law, what will be the result? In every county where there is a savings bank that institution would proceed to wind up its affairs and collect their outstanding claims, institute suit against perhaps one-half of the citizens, foreclose mortgages upon their real estate, and thus result in injury to these localities by bringing distress to many. If they are forced to proceed to collect their paper through process of law, judgments will be obtained, executions will issue, lands will be levied upon and sold at a sacrifice, and in many instances the property of the debtors will not sell for enough to satisfy the debt, and as a result depositors will have to lose their money.
Mr. REEVE: The history of savings banks in the past few years in the United States justifies the statement that there should be either an unconditional prohibition of all savings banks, or else that kind of legislation enacted for the protection of depositors which it is almost impossible to enforce. Shall we permit these things to stand without further protection? The metropolitan press have been burdened with cries for the protection of the people from these savings banks for years, and to-day ninteen-twentieths of such institutions are in the hands of receivers. As soon as savings banks are wiped out the general Government will afford facilities for the poor to save their money in small sums where the security is undoubted.
Mr. BRISCOE thought every man who had the good of the people at heart at least should approve the amendment. How many thousand times have the confidence of the people been betrayed by these savings banks? If this act be repealed much weeping and wailing will be saved to the poor people of the State. He characterized national banks as a great political swindle, and spoke in favor of the pending amendment.
Mr. WINTERBOTHAM said not one of the savings banks known to him confines itself to the law. When aid and comfort is given to such a law as is not on our statute book we enable these men to take money from the poor and divert it to their own use. Their managers are not responsible for a dollar. This bill gives them ample time to close up their business, and it should speedily become a law.
Mr. LEEPER made an ineffectual motion--yeas 12, nays 23--to lay the bill and amendment on the table
Mr. REEVE called attention to the fact that all except two of the savings banks in this State have violated the provisions of their charters, if not in some other way, at least in the one things of loaning money outside of the county in which the institutions is located.
Mr. LEEPER referred to the fact that savings banks have been a success in the East; and in the State of New York, where they are operated under a law almost precisely like the one in Indiana. If our law is weak in any particular, it ought to be amended. As for his county, not a single man, woman, child or newspaper is in favor of winding up these banks, as far as he had heard; and he would oppose this bill.
Mr. STREIGHT insisted the savings bank system has been beneficial as well as injurious. It has taught many to be saving: but, having come upon too troublesome times, losses had to follow, on account of shrinkage. It has been utterly impossible to handle large or small sums with safety. The worst thing this Legislature can do is pour out arguments of distrust in the ears of the people; and to pass a law to wipe these institutions out of existence would be a mistake. Instead of tending to break down confidence, the effort should be to build it up.
Mr. LEEPER said the banks in his town are managed by responsible men who have the confidence of the citizens there, and he was well satisfied not one dollar would be lost by any depositor so long as they are in the hands of the present managers; and he objected to such banks as these being made scape goats for others in other places which have been badly managed.
Mr. COFFEY was not special advocate of savings banks, but he thought it impolitic and unwise at this time to repeal this law, as it would result in great evil to many localities in this State. In most of these banks depositors are not likely to lose much if any money by their mismanagement.
The Senate then adjourned.
