THE BREVIER LEGISLATIVE REPORTS.
VOLUME EIGHTEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, March 19,1879-- 9 o'clock a. m.The minutes were not read.
Mr. BENZ, by request, introduced a bill [S. 457] to fix the time of holding courts in the Second Judical district--the counties of Warrick, Spencer and Perry--which was read the first time and referred to the committee on organization of courts.
On motion of Mr. LEEPER his bill [S. 253] to declare that town plats less than 10 acres used for agricultural purposes shall not be taxed for town or city purposes at a greater rate than in the civil townships, was read the third time.
Mr. SARNIGHAUSEN hoped this bill would pass.
Mr. MENZ1ES explained: This bill is similar to the present law, except it fixes the rate of percentage according to the rate in the township. It will make plain the ambiguity of the statutes,
Mr. LEEPER also said this bill is simply explanatory of the law of 1877. It provides that lands inside of the corporation shall be taxed just as if they were not taken in.
The bill passed the Senate by yeas 39, nays 0.
On motion by Mr. BRISCOE the bill [H. R. 466]; authorizing county commissioners to make appropriations to certain citizens therein named--to liquidate any indebtedness or liability on the 25th of May, 1874, in aid of the construction of any railroad now completed and operated through such county--was read the second time. He explained its reference to a road built through the county of Grant, and made an appeal in behalf of the bill, declaring it nothing more than right and just that these parties should be relieved.
Mr. BURRELL thought this bill was carrying the matter a little too far. It is unfair to tax the people of the whole county for the benefit of one or two townships.
Mr. GRUBBS regarded the bill as just and right.
Mr. WINTERBOTHAM, while usually opposed to such bills, regarded this as right.
On motion by Mr. BRISCOE, the constitutional restriction was dispensed with, the bill read the third time, and passed the Senate by--yeas 31, nays 9.
Mr. HEFRON offered a concurrent resolulution for the distribution of the State geological reports, which was adopted.
On motion by Mr. KRAMER-yeas 23, nays 21--the Senate proceeded to the consideration of the committee's substitute for the fee and salary bill [H. R. 344].
Mr. SARNIGHAUSEN moved to increase the pay of the governor from $5,000 to $6,000.
Mr. SHIRK opposed this amendment.
Mr. WILSON moved $4,000 as a substitute.
Mr. WOOLLEN said this substitute would be manifestly unjust.
Mr. FOWLER referred to the faat that only about half a dozen States in the union pay their governors over $5,000, and he thought that enough.
The substitute was rejected by yeas 34, nays 12.
The amendment (Mr. Sarnighausen's) was also rejected by yeas 12, nays 35.
Mr. DICE moved to increase the pay of the governor's private secretary from $1,500 to $2,000.
Mr. TAYLOR moved to vote ample compensation for every officer, but he opposed this increase.
Mr. DICE referred to the fact that in the general appropriation bill the governor's clerk was stricken out, and consequently the Secretary will have extra duties to perform.
This motion for increase was rejected.
On motion by Mr. WINTERBOTHAM the salary of deputy secretary of state was increased from $1,280 to $1,500--yeas 24, nays 22.
Mr. WOOLLEN, the chairman of the special committee reporting this bill, explained that section 5 requiring the clerk of the printing bureau to fully and properly index and prepare the Senate and House journals and superintend their printing and proof-reading, would insure this work being done in a far better manner than ever before and save to the State the $600 usually voted to the two principal clerks of the Senate and the House for performing that service, which has never yet been done in a proper and satisfactory manner.
page: 41[View Page 41]Mr. WOOD moved to increase the salary of auditor of state from $1,500 to $2,000.
Mr. HARRIS made an ineffectual motion--yeas 25, nays 23--to suspend the consideration of this bill that final action may be taken on the specific appropriation bill.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. LEEPER the House amend merit to his land plat-taxation-for municipal-purposes bill [S. 253--described first in to-day's reports] reducing the number of acres from 10 to five, was read and concurred in.
The Senate resumed the consideration of the substitute for the fee and salary bill [H. R. 344].
On motion by Mr. HART the pending amendment [Mr. Wood's] was rejected by yeas 27, nays 17.
Mr. HART moved to resume the pay of the Adjutant General from $1,200 to $1,000.
Mr. STREIGHT moved to substitute $800, which was rejected by yeas 26, nays 20.
The motion [Mr. Hart's] was agreed to by yeas 29, nays 19.
Mr. OLDS made an ineffectual motion to reduce the salary of Q. M. General from $300 to $100.
Mr. SHIRK moved to reduce the salary of Treasurer of State from $3,000 to $2,500.
Messrs. KENT and WOOLLEN opposed the motion.--This is such a responsible position that the incumbent has to give a bond for $200,000.
Messrs. OLDS and COMSTOCK thought $3,000 a small compensation for this responsible position.
Mr. FOWLER could not vote to reduce the pay of an officer who has charge of from $2,000,000 to $3,000,O00 of the people's money.
Mr. STREIGHT believed this officer received more than $10,000 a year wherefore be favored the amendment. It was rejected by yeas 8, nays 40.
Mr. OLD moved ineffectually--yeas 7, nays 36--to increase the pay of the deputy treasurer of State from $1,500 to $2,000.
Mr. SARNIGHAUSEN believee $2,000 not too much.
Mr. BENZ moved ineffectually--yeas 6, nays 35--to increase the pay of the clerk of the Attorney General from $600 to $900.
Mr. FOSTER moved ineffectually--yeas 9, nays 32--to reduce the Attorney General's salary from $3,000 to $2,500.
Mr. FOWLER opposed this motion.
Mr. LANGDON moved ineffectually--yeas 18, nays 24--to increase the pay of Supt. of Public Instruction from $2,000 to $2,500.
Mr. BENZ moved to reduce the salary of superintendent's clerks from $900 to $600, which was agreed to by yeas 23, nays 21.
Mr. SHIRK made an ineffectual motion to reduce the salary of law librarian from $1,000 to $600.
Mr. TAYLOR moved to increase the clerk's fee for issuing marriage license from $1 to $2.
Mr. STREIGHT moved to reduce it to 50 cents, which was rejected.
The motion [Mr. Taylor's] was agreed to.
On motion by Mr. STREIGHT the clerk's fees for every writ or process under seal was reduced from 50 to 40 cents.
Mr. OLDS moved to strike out the clerk's fee of $1 from the losing party in each civil cause, to be paid into the county treasury.
Mr. DICE favored this motion.
Mr. HARRIS opposed reducing the docket lees.
Mr. KENT understood this fee is in direct opposition to the spirit of the constitution, and he doubted the propriety of taxing the unsuccessful litigant by the State. The payment of regular costs of the suit should be enough to demand of the losing party.
Mr. WOOD regarded this as a direct; tax for the purpose of raising revenue, and saw no constitutional objection to it.
Mr. COMSTOCK thought the law would justify such a tax.
Mr. FOWLER, regarded this taxing of docket fees all wrong in principle, and it is time Indiana should strike it down.
The motion to strike out was rejected by yeas 17, nays 29.
Subsequently Mr Harris made an ineffectual motion to increase this fee from $1 to $2.
Mr. KENT moved to increase the fee for issuing executions from 75 cents to $1. This is a work of considerable importance. Responsibilities attach to it, and sometimes the sheriff's return covers several pages. One dollar is not enough,but the fee ought to be at east that sum. Let the reduction come on unimportant work.
Mr. SARNIGHAUSEN thought 75 cents is not enough enough for this work.
Mr. SHIRK said the clerk receives large fees for the greater portion of the service, and the course pursued here will not bring about; any reduction in a clerk's fees, taken as a whole.
Mr. WOOLLEN explained the committee did not reduce on all the fees, but the intention was to make the reduction average from 10 to 15 per cent.
The motion [Mr. Kent's] was agreed to.
Mr. Coffey moved ineffectually--yeas 19, nays 25--to increase the pay for making a record for each 100 words, lour figures counting as a word from eight to 10 cents. He believed this bill would reduce the clerk's fees from 25 to 20 per cent., which was too great a decrease for the smaller counties
On motion by Mr. BURRELL, the words "for entering action on docket 10 cents" were stricken out and the following inserted in lieu: "For entering action on allot the dockets used by the clerk 10 cents each, not including bar docket."
On motion by Mr. COMSTOCK, the following fees of the clerk are to be paid out of the County Treasury upon the order of the Judge of the proper court: "For issuing and filing: each subpena for the grand jury, including all witnesses; for administering the oath to the grand jury; and for the certificate of allowances made by the court at each term." On his further motion, the clerk's fees for attending the Board of Canvassers are to be paid out of the County Treasury on the order of the Board of Commisioners.
The item "For entering on the order book: each order and minute of the proceedings of the court during term, and reading the same including the title of the cause, 10 cents," having been read--on motion by Mr. WINTERBOTHAM the following words were added thereto: 'For each 100 words thereof, four figures counting as one word: provided, that it the words in any entry be less than 200 words, for such entry 20 cents.1' On his further motion the item "For entering satisfaction of record of any judgment against a party to be made upon the judgment docket, 5 cts.," was changed so as to read: "For entering satisfaction of record, 5 cents."
On motion by Mr. LANGDON, the item "for filing, docketing and recording a transcript of a judgment to become a lien on real estate, and entering satisfaction of same, $1," was changed so as to read: "For recording a transcript of a judgment to become a lien on real estate, 10 cents for each 100 words, four figures counting as one word; for filing said transcript, 10 cents: for docketing the same, 10 cents, and for entering satisfaction thereof, 10 cents."
page: 42[View Page 42]On motion by Mr. KENT, the fee for docketing each cause, for each docket, was increased from five to 10 cents.
On motion by Mr. FOWLER, a proviso was added, "that in all cases where suits are dismissed no docket fees shall be taxed."
Mr. TAYLOR moved to strike out the section (numbered 20) allowing the clerk 82 a day for attendance on court in person or by deputy, because that official gets paid by fees for every stroke of the pen and every act performed while in or out of court.
Mr. GARRIGUS thought in justice this section ought to be stricken out, as the clerk gets fees for every specific act.
The motion to strike out was agreed to by yeas 26, nays 14.
Mr. BURRELL moved an additional section (to be numbered 22 1/2) viz: "The clerks shall index all of the order "books, judgment dockets fee books records of all wills, probate records and all other records in his office, for which he shall be allowed two cents for each entry, to be paid out of the county treasury, upon an allowance made by the board of commissioners."
Mr. GARRIGUS had carefully compared this bill with the present law and declared it would increase the fees rather than decrease them as the people desire.
The motion [Mr. Burrell's]to add another section was rejected by yeas 14, nays 22.
Then the Senate adjourned.
