THE BREVIER LEGISLATIVE REPORTS.
VOLUME EIGHTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, March 25, 1879-- 9 o'clock a. m.Yesterday's minutes were not read.
On motion by Mr. LEEPER the bill [H. R. 264], to provide for the securing of payments due laboring men, was read the second time with amendments by a committee, which were concurred in.
Mr. HARRIS, explaining: The amendments would secure a preferred claim of $50 for laborers where wages are earned and due from insolvents.
On motion by Mr. LEEPER the constitutional restriction was dispensed with, the bill considered as en grossed, read the third time, and passed the Senate by yeas 45, nays 0.
Mr. HEFRON presented a petition against the repeal of the railroad aid law.
Mr. LANGDON moved that the House of Representatives be requested to return to the Senate the specific appropriation bill [H. R. 640], desiring that tills motion should supersede and make void all proceedings relating to it since it was perfected by the House of Representatives.
Mr. KRAMEK objected to the motion, as the joint committee of conference on this bill are ready to report.
Mr. COMSTOCK said but little in this Senate had been done regularly and in order, and as this was simply a waver of the form, he thought it unimportant.
The LIEUTENANT GOVERNOR stated his appointment of the conference committee was made only with a view to facilitate business.
The motion was rejected by yeas 45, nays 0.
Mr. HART had a bill [S. 459] to legalize a certain organization in Gibson county. Referred to the committee on corporations without reading.
On motion by Mr. REEVE his bill [S. 458] to provide for a revision, codification and publication of the laws of this State, was read the second time, with a committee substitute reducing the number of revisers from five to three, extending the time for its completion to September, 1880, and providing only for a revision to be submitted to the next General Assembly.
On motion by Mr. VIEHE this subject was made the special order for 3 o'clock p. m.
On motion of Mr. KAHLO the Senate proceeded to the consideration of House bills on the second reading:.
The bill [H. R. 20], providing for the establishment of a State Bureau of statistics and geology--the governor to appoint bi-annually a chief who is an expert in the science of geology and chemistry at a salary of $1,500, was read the second time with committee amendments, reducing the salary to $1,200 and the annual expense from $3.000 to $2,000. The amendments were concurred in, and ordered engrossed.
The bill [H. R. 38] to amend sec. 6 of the act concerning enclosures,trespassing animals and partition fences, was indefinitely postponed.
The bill [H. R. 361] authorizing sheriffs to administer oaths in all matters pretaining to the duties of their office, was also indefinitely postponed.
The bill [H. R. 390] to legalize elections of township trustees in the April election of 1878 was read the second time, with a majority report recommending passage, and a minority report recommending indefinite postponement.
Mr. HEFRON thought this bill ought to pass, in order to settit vexed questions, and prevent litigation.
Mr. MENZlES said the supreme court has decided that the township trustees elected in 1878 were not eligible, if they had held two terms before, and this was a bold attempt to upset that decision.
Mr. VIEHE also opposed the bill.
Mr. REEVE insisted the bill was only intended to legalize the election of those trustees qualified to hold the office, and he desired an opportunity to so amend it.
Mr. LANGDON coincided with the opinion of the minority of the judiciary committee that this bill ought to be indefinitely postponed, and with the views expressed by the senators from Posey and Vanderburg [Messrs. Menzies and Viehe] which he amplified.
Mr. KENT: On account of the seeming discrepency between the acts of 1877 on this subject there is a difference of opinion between page: 66[View Page 66] lawyers, though the decision of the supreme court is undoubtedly correct according to the statutes; yet this bill is right; it can do no harm to anybody, and should be passed.
Mr. REEVE held if this bill becomes a law it will not affect cases already filed, as the courts can not be ousted of jurisdiction by a curative statute. It is unjust to indefinitely postpone this bill, without putting in it the provision he referred to a few minutes ago.
Mr. OLDS thought this proposition should be kicked out as soon as possible.
The minority report was concurred in by--yeas 25, nays 20.
The bill [H. R. 385] to exempt growing crops from sale on execution until the same shall have fully matured, was indefinitely postponed.
The bill [H. R. 455] to transfer to the United States the title of the State of Indiana to the Antietam National Cemetery, was read the second time.
The bill [H. R. 59] providing for appeals from County Commissioners in cases of annexation of Territory, and cities and towns against the will of the owner, was read the second time.
On motion by Mr. URMSTON, under a suspension of the constitutional rule, the bill was read the third time, and passed by--yeas 40, nays 0.
The bill [H. R. 642] to legalize the incorporation of the town or Walton, Cass county, was read the second time.
The bill [H. R. 368] for the relief of George N. Winchell and other sureties of a defaulting Township Trustee, was read the second time.
The bill [H. R. 497] to amend section 466 of of the general practice act of June, 1852, was indefinitely postponed.
The bill [H. R. 498] to amend an amendatory act in relation to decedents' estates--sections 65 and 66--was read the second time, with committee amendments thereto.
Mr. REEVE said this was a bill to avoid difficulties under the present law and to facilitate the adjustment of claims against estates, and he argued in favor of its propriety and necessity.
On motion by Mr. Harris the bill and report were indefinitely postponed.
The bill [H. R. 263] to amend an act amending the fish law was read the second time.
On motion by Mr. BURRELL the joint resolution [S. 45] directing the transfer of all papers concerning the Morgan Bald claims to the adjutant general's office, etc , introduced yesterday by Mr. Benz,) was taken up, read and passed the Senate by yeas 37, nays 2.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. SHAFFER offered a long, facetious preamble to a resolution for a sine die adjournment next Saturday noon.
On motion by Mr. OLDS the preamble was strickent out.
Mr. REEVE made an ineffectual motion--yeas 8, nays 39--to lay the resolution on the table.
Mr. FOWLER made an ineffectual motion--yeas 36, nays 14--to substitute Monday.
The resolution was then adopted without a division.
The bill [H. R. 583] to authorize towns to levy a tax to pay for lighting the streets with gas was read the second time.
The bill [H. R. 82] in relation to foreign express companies was read the second time.
Mr. BURRELL explained the objest of the bill to be to place express companies in a position where they can punish embezzling employes, etc.
Mr. MENZIES moved to take up the bill [S. 456] for the government of the State prisons, that the Legislature may do its duty to the people of the State by quieting threatened litigation with reference to the management of these institutions.
Mr. WOOD said this thing had got to be an outrageous scandal in his part of the State, and he was surprised to see so many senators unwilling to remove that scandal.
Mr. FOWLER thought this bill ought to be taken up and discussed.
On motion by Mr. OLDS, the motion to take up this bill was laid on the table by yeas 25, nays 19.
On motion by Mr. REEVE, the Senate proceeded to the consideration of the special order, being the committee's substitute for his bill [S. 458] for a revision of the statute laws of the State of Indiana. The report of the committee was concurred in.
Mr. REEVE said this substitute bill was similar to the law under which the revision was made in 1843, except there was but one commissioner then, while this bill provides for three. On his further motion the constitutional rule was dispensed with--yeas 34, nays 12--and the bill read the third time.
Mr. LANGDON regretted that he would have to vote against this bill, because it proposes no compensation to the revisors. The State has been cursed with an inadequate revision of her laws since 1852. The bill ought to set forth a specific and liberal compensation for the revisors; otherwise there will be three gentlemen pursuing the next Legislature, and probably many following, with a claim for maybe $5,000 or $6,000 apiece on account of this work.
Mr. HARRIS said every one admitted there should be a revision of the statutes that can be relied on. Indiana needs such a work. The objection raised by the senator [Mr. Langdon] is an unusual one. He favored the passage of this measure, and if $500 is not enough for them they ought to be allowed more. The poorest paymasters in the world pays beforehand.
The bill passed the Senate by yeas 33, nays 10.
The bill [H. R. 271] to amend sections 1, 2, 4 and 5, of the act authorizing street railways to use public highways, streets, etc., was read the second time.
The bill [H. R. 453] to amend section 2 of the supervisor of highways'act of March 5,1877.
Mr. TRUSLER stating that a similar bill has already passed and received the signature of the governor, on his motion it was indefinitely postponed.
The bill [H. R. 377] to regulate the practice of medicine, midwifery and surgery, was read the second time with committee amendments.
Mr. WILSON moved that the bill and report be indefinitely postponed.
Mr. SHAFFER, hoped the motion would not prevail.
Mr. FOSTER offered a bill on this subject two years ago, and also at this session, and being in favor of legislation on this subject, while this one does not fully meet his notion, he was willing to accept it rather than none.
Mr. REEVE had a few serious objections to this bill. It is in the interest of only one school. It allows quacks that have been run into this out of other States to continue in practice, etc, etc.
Mr. HEFRON did not expect a perfect bill at once, but as the people are expecting legislation on this subject this bill proposes a liberal and fair enactment.
Mr. STREIGHT thought one of the most foolish of the many foolish things done by this Legislature would be to pass a medical bill at this stage of the session when we have neither the time nor inclination to give such page: 67[View Page 67] a measure proper consideration. Certainly we should not throw the control of the medical profession into the hands of any one school. It is a great deal better to make haste slowly in this direction.
Mr. TRUSLER thought the Senate has occupied time enough in the discussion of medical bills. He demanded the previous question.
Mr. WILSON made an ineffectual motion yeas 18, nays 23-to indefinitely postpone the bill and committee report.
Mr. REEVE moved to amend the report of the committee by substituting his bill S. 278 for the bill H. R. 377.
On motion by Mr. F0STER this motion was laid on the table by yeas 24, nays 17.
The report of the committee was concurred in.
Mr. LEEPER, from the committee of conference on the disagreements between the two Houses on the specific appropriation bill [H. R. 640], submitted a report thereon, which was concurred in.
Mr. SHAFFER moved for another vote on the passage of the bill [S. 278--Mr. Reeve's] providing who may practice medicine and surgery and carry on the business of apothecary and pharmaceutist, which heretofore failed to pass for want of a constitutional majority.
Mr. WILSON moved ineffectually--yeas 18, nays 19--to lay this motion on the table. The motion for another vote was rejected by yeas 15, nays 25.
Mr. REEVE, when casting his negative vote, expressed himself against the propriety of taking up his bill at this time.
The bill [H. R. 179] to prevent the manufacture and sale of adulterated commercial fertilizers was read the second time.
The bill [H. R. 414] for the relief of Patrick Hollegan was read the second time.
The bill [H. R. 132] to provide for issuing letters testamentary and letters of administration was read the second time.
The bill [H. R. 383] to legalize the Kokomo Gaslight and Coke company was read the second time.
Mr. REEVE objected to this bill, because it proposes to legalize everything the company has done, as he understood the reading.
The bill [H. R. 131] to amend sec. 77 of the general practice act, was read the second time.
Mr. OLDS did not believe in passing bills overturning and unsettling practices so long established. He moved to indefinitely postpone this bill.
Mr. HARRIS said justice could be barred for an indefinite length of time owing to the crowded state of the docket under the present practice. Such a practice is not known in many other States. He favored the passage of this bill.
Mr. REEVE said the bill would, afford great relief to the practice of the State, and he trusted it would not be treated cavalierly.
Mr. DICE pronounced this as a most iniquitous bill, and he was surprised attorneys would sneak in favor of it.
The motion to indefinitely postpone was agreed to.
The bill [H. R. 174] for the repeal of the provoke law, was read the second time, with a committee report recommending its indefinite postponement.
Mr. HARRIS moved, to concur in the report.
Mr. STREIGHT hoped the report would not be concurred in. He considered the law a disgrace to the statute book.
Mr. TRUSLER heartily concurred in the remarks of the senior senator from Marion [Mr. Streight]. This provoke law furnishes a large amount of work for lawyers: It multiplies litigation, and takes bread from the mouths of hungry children. No State in the Union has a like odious law on the statute books.
Mr. HEFRON conceded there is an obnoxious feature in this law--the part which refers to the attempt to provoke. Where an assault is made the assaulting party should be punished. He knew of small boys and women being prosecuted for attempting to provoke full-grown men. He hoped the law would be modified as to correct this abuse.
Mr. MENZ1ES recognized the fact that thia was a mean, cowardly law, and offered a premium on cowardice. He hoped the Senate would join the House in repealing it.
Mr. OLDS moved to amend the report by changing the recommendation to a favorable one.
Mr. REEVE thought the provoke law had done more good in preventing assaults than any other one on the statute books. He had no doubt it prevents over 2,000 breaches of the peace in the State every year. There has been no libel law, and good men bad no protection except this. Senators, when calling this a coward's law do not reflect that it is the only law we hays for the protection of brave men from the foul months of scallawags, poltroons and cowards. Brave men obey the law in its smallest elements as well as in the greatest. Only cowards violate law. The law will tolerate no breach of the peace; it regards no words as a provocation for a blow. A brave man may stand by and hear his wife or daughter insulted by the veriest scoundrel that walks the street, and if he should knock the black-guard down or be guilty of the slightest infraction of the peace and be prosecuted therefor he has only the sympathy of the jury to rely on for protection--they must violate their oaths or find him guilty. Without this law on the statute books men who are law-abiding have no protection against the foulest insults of those who are utterly irresponsible, and who the law can reach in no way under the provisions of the statute, which is sought by this bill to be repealed.
And then the Senate adjourned.
