THE BREVIER LEGISLATIVE REPORTS.
VOLUME EIGHTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, March 28,1879-- 9 o'clock a. m.As usual, the minutes were not read.
Mr. WINTERBOTHAM, from the committee on finance, reported a concurrent resolution for pay to Marion county of $1,118 for coal, gas, water, etc., used by the House and Senate during the regular and special session.
Mr. BURRELL regarded this claim as unjust and improper.
Mr. WOOD was surprised to see this bill brought in at this time of the session. He thought the sum too great.
Mr. HEFRON was willing to trust the justness and fairness of the people of the State in this matter. The Legislature has had the use of these rooms, consumed the gas, water and coal, and it is only right that the people at large should pay for it.
Mr. LANGDON did not think the opponents of this resolution knew what they were talking about. All the county of Marion offered the State was two rooms. It is as little as the State can do to pay for the gas, coal and water, as she would have to do if she occupied her own building.
Mr. WINTERBOTHAM said there was no reason in asking Marion county to furnish coal, gas and water for the Legislature without cost to the State.
Under the operations of the previous question, demanded by Mr. TRUSLER, the resolution was adopted by yeas 36, nays 8.
Mr. SHIRK asked leave to change his vote from. "no" to "aye," on the adoption of the report of the conference committee yesterday on the fee and salary bill.
Objection being made--
Mr. KENT moved that the Senator have leave to change his vote.
Mr. LEEPER said if leave be granted the senator, he also would change his vote from "aye" to "no."
The yeas and nays on the motion for leave to change the vote, were demanded by Messrs, TRAYLOR and SHAFFER, and being ordered they were taken. [The tallies showed yeas 32, nays 10.]
Pending the roll call--
Mr. SHIRK in explanation, when his name was called said, the Senate was required to vote upon the report of the conference committee on the fee and salary bill without members knowing what was in it. At the time, he desired the report should be laid on the table that opportunity might be afforded to examine it. Since then he was more favorably disposed toward it, and while it does nec suit him in many particulars, still he desired to change his vote from "no" to "aye."
Mr. TAYLOR, when his name was called, in explanation of his vote said, he came up here very desirous to help enact a fee and salary bill. This bill reported by the conference committee was thrust upon the Senate without giving an opportunity to investigate its provisions, but as far as he can learn if there had been an opportunity to investigate it, he should have voted as he did vote against it believing it will not meet the expectations of the people.
When the roll-call was completed--
The LIEUTEANT GOVEROR ruled, inasmuch as objection was made to the proposed change in the vote cast yesterday by the senator from Henry, [Mr. Shirk] he can not have it altered upon the record.
Mr. LEEPER, rising to a personal explanation, said he voted on yesterday in favor of concurring in the report of the joint conference committee on the fee and salary bill under a misapprehension of its character. He asked for unanimous consent to change his vote from "aye" to "no," because he now understands the bill as adopted by the committee of conference and concurred in by the Senate increases the fees of officers in the larger counties, while it diminishes them in the smaller counties, which is just the very thing he did not want to do.
Mr. TRAYLOR and others objected.
On motion by Mr. MENZIES the Senate proceeded to the consideration of House bills on the third reading, Mr. REEVES making an ineffectual motion to substitute Senate bills on second reading.
The bill [H. R. 467] to amend section 18 of the act regulating descents and the apportionment of estates was read the third time.
page: 81[View Page 81]Mr. MENZIES explained this bill as he did yesterday.
Mr. TRAYLOR believed this bill would provoke litigation between brothers and sisters.
Mr. REEVE suggested if widows would make conveyance of the realty before a subsequent marriage there would be no need for the bill.
Mr. HARRIS regarded this as a wholesome measure, and believed it ought to prevail.
Mr. OLDS thought it would but tend to make confusion, and ought not to pass.
The bill was passed by ayes 30, nays 9.
The bill [H. R. 549] to amend section 5 of an act to provide for the more speedy trial of causes, with reference to the compensation of called judges, was read the third time.
Mr. REEVE pointed out objections to the bill. He could not conceive of any possible state of facts that would render such a bill necessary.
Mr. BURRELL said the object of the bill was to deduct the per diem of a special judge from the salary of the regular judge. While not satisfied with the bill in some particulars, he favored it as being the best that could be passed this session.
The bill finally passed by yeas 32. nays 5.
The bill [H. R. 608] for the relief of Aaron Coombs and others, security on the bond of a defaulting township trustee in Center township, Greene county, was read the third time and passed by yeas 28, nays 11.
Mr. HEFRON, explaining: The tax payers of the township are asking that the bill be passed.
The bill [H. R. 589] to authorize a township trustee of Union township, Union county, to pay certain indebtedness incurred by a former trustee, was read the third time and passed, by yeas 35, nays 3.
Mr. TRUSLER explaining its provisions and urging its passage in a short speech.
The bill [H. R. 310] to allow sheriffs and constables to follow defendants with a State warrant into an adjoining county and make arrest was read the third time and passed, by yeas 37, nays 0.
The bill [H. R. 560] for the relief of John J. Justice and others, securities on the bond of a defaulting trustee of Madison county, being read the third time--
Mr. SMITH explained the bill. The money was deposited in a bank which failed, though previous to depositing it the trustee had tried to loan it. It belonged to the township, and almost every tax payer in that township has petitioned this Legislature for relief in the matter, and he hoped the bill would pass.
The bill finally passed by yeas 31, nays 6.
Mr. TRAYLOR, when his name was called, addressing the chair as "your honor," and senators as 'gentlemen of the jury," voted "no," with the suggestion that if every senator represented a defaulting trustee who should be relieved in this way, what would become of the State of Indiana?
The bill [H. R. 115] to amend section 1 of an act for the protection of the Sabbath--so as to allow barbers to shave customers on the Lord's day--being read a third time--
Mr. SHAFFER opposed the bill, not believing there should be special legislation in favor of barbers as a class, any more than for any other particular business.
Mr. FOWLER could see no impropriety in passing the bill. It will not interfere with the Sabbath, or any one desiring to attend public worship. It is almost an absolute necessity that the bill should pass.
Mr. KAHLO hoped the bill would not pass.
Mr. SHIRK also hoped the bill would not pass. There is no more reason why a barber should pursue his usual avocation on Sunday than any other class. It would be granting a special privilege that is denied to others.
Mr. FOSTER favored the bill. Under the present law a great many barber shops keep open. Those able to pay fines keep open, while the poorer barbers do not.
Mr. REEVE made a humorous speech in support of the bill.
Mr. KRAMER thought this bill ought to pass. The principal result of the present law is to bring about malicious prosecutions. For this and other reasons it should be amended.
Mr. WINTERBOTHAM was born in the old State of Connecticut, where they once had the blue laws. Yet in that State they have never got close enough to prevent a barber shop from being open on Sunday.
Mr. VIEHE thought this bill ought to pass.
Mr. WIER saw no more impropriety in allowing barber shops to be kept open than allowing livery stable owners to keep their stock running on Sunday.
The bill failed to pass by yeas 22, nays 23.
Mr. GARRIGUS introduced a bill [S. 460] relating to tax sales where the sale is illegal or void--purchaser to have only 10 per cent. damages and legal interest--which was read the first time. He moved for a dispensation of the constitutional provision, that the bill may be pressed forward to its passage, pending, which--
On motion of Mr. VIEHE it was referred to the judiciary committee.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. SARNIGHAUSEN his bill [S.460] in relation to laying out, vacating and widening of streets, alleys, etc., introduced yesterday and referred to a committee without reading, was now read the first time, and under a dispensation, the second time by title only for the second reading.
On motion by Mr. THAYLOR the bill [H. R. 115] to regulate the practice of dentistry in the State of Indiana, was read the second time.
Mr. GRUBBS, from the second committee of conference on the disagreements between the two Houses on the bill [H. R. 22] for an exemption law, submitted a report making the amount of exemption $600 instead of $1,00O, as in the original bill. The report was concurred in.
On motion of Mr DICE the bill [H. R. 630] regulating the presentation of claims before county commissioners, was read the second time.
Mr. REEVE, from the judiciary committee, returned the bill introduced this morning [S. 460] relating to tax sales where the same is illegal or void, and on his motion the constitutional rule was dispensed with and the bill was passed through the several readings, but was lost on the final vote--yeas 19, nays 21.
On motion by Mr. MOORE, the Senate proceeded to the consideration of House bills on the third reading.
The bill [H. R. 158] in relation to settlements made between county commissioners and county, township or school officers, was read the third time, and, under the operations of the previous question, demanded by Mr. MOORE, it was passed by--yeas 28, nays 16.
The bill [H. R. 477] defining burglary, burglarious trespass and house breaking was read the third tune,
Mr. REEVE explained: This bill is substantially as it came from the House, although a substitute therefor, House breaking in the night time is declared to be burglary; in the day time burglarious trespass.
The bill was passed by yeas 38, nays 0.
The bill [H. R. 192] to legalize the incorporation and each and every official act of each page: 82[View Page 82] and every officer of Butler, DeKalb county, was read the third, tune and passed by yeas 34, nays 2.
The bill [H. R. 621] to localize the assesment and levy of taxes made by the city of Kendallville, was read the third time and passed by yeas 32, nays 2.
The bill [H. R. 290] to amend section one of the act concerning the running at large of animals in townships, was read the third time.
Mr. DICE thought this bill would be impracticable ia its operations, as it admits of stock on one side of a railroad running at large and will not admit of that, on the other side of the track.
Mr. BURRELL regarded this as drawing it down pretty line. If there is a stream cutting off one corner of a township it, would allow those on one side to enjoy certain rights, those on the other side may not.
Mr. WOOD explained: The county commissioners, under this bill, may grant privileges to a part of a township, divided by a railroad or a river--it simply extends the power of county commissioners to regulate the running at large of stock in a part of a township, instead of in a whole township, as now.
Mr. REEVE spoke in favor of the bill.
It failed to pass by yeas 23, nays 18.
On motion by Mr. HEFRON the vote by which the specific appropriation bill was passed was reconsidered, and, on motion by Mr. Traylor, it was referred to a select committee of three, which the lieutenant governor made to consist of Messrs. Leeper and Traylor. The committee reported instanter an amendment to the bill--section 35, an emergency clause--the report was concurred in, and the bill. again finally passed the Senate by yeas 31, nays 1.
The bill [H. R. 32] in relation to prosecutions of felonies by affidavits and information, in certain cases, was read the third time and passed by--yeas 28, nays 12.
The bill [H. R. 420] for the relief of Alex. V. Ingalls, a defaulting trustee in Madison county, was read the third time.
Mr. SMITH stated that this bill is of the same character as the bill he explained ear Her in the day. It is a meritorious measure, and he trusted it would pass the Senate.
It was finally passed by--yeas 26, nays 11.
The bill [H. R. 286] to amend an amendatory act concerning coroners--to abolish coroner's juries--was read the third time and passed by--yeas 29, nays 8.
On motion by Mr. VIEHE, the bill [H. R. 527] for the relief of John W. Starner and others, sureties for a defaulting trustee, was read the first time.
Mr. VIEHE explained its provisions, and on his motion the constitutional rule was set aside, the bill read the second time by title only, the third time by sections, and passed by yeas 35, nays 1.
Mr. REEVE moved to take up Senate bills on the second reading.
Mr. BRISCOE moved to amend by taking up the bill [H. R. 58] concerning attorney's fees in notes, etc., which motion was laid on the table by yeas 28, nays 9.
The motion [Mr. Reeve's] was agreed to.
The bill [S. 91--Mr. Moore's] to amend section 456 of the general practice act, the plaintiff as often as he direct may have a reappraisement at any time before the return of execution, was read the second time, and under a dispensation of the constitutional restriction the third time, and passed by--yeas 28, nays 9.
The bill [S. 147--Mr. Grubbs'] to amend sec. 3 of the act to provide for the inspection of petroleum oil for illuminating purposes, was read the second time, and under a dispensation the third time, and passed by yeas 41, nays 1.
Mr. BRISCOE moved again to take up the bill H. R. 58, but the presiding officer [Mr. Kent in the chair] decided the motion out of order, it having been laid on the table but a few minutes ago.
Mr. STREIGHT introduced a bill [S. 461] to amend sec. 1 of the act touching foreign corporations, restricting their bringing suits against citizens of Indiana, which was read the first time.
On motion by Mr. DICE, the bill was rejected--yeas 29, nays 11.
Mr. MENZIES moved to reconsider the vote just taken, and lay that motion on the table.
The latter motion was agreed to.
The bill [S. 262--Mr. Wilson's] to amend sec. 2 of the act in relation to county auditors--concerning their bond--was read the second time.
Mr. WILSON urged the necessity of the immediate passage of this bill. The present bond required of county auditors is insufficient. He moved for a dispensation of the constitutional restriction that the bill may be pressed to its final passage now.
Mr. TAYLOR also thought this a measure that ought to be pressed, as the bond of $2,000 is uniform in the largest as well as in the smallest county of the State.
Mr. KRAMER could see no necessity for requiring a heavy bond of the county auditor--there should be no bond higher than $15,000.
Mr. REEVE explained the bond under this bill should be only equal to the largest amount of money in the hands of the treasurer at one time.
Mr. STREIGHT favored the passage of the bill.
It was passed by yeas 36, nays 5.
On motion by Mr. SARNIGHAUSEN the message from the House relating to the bill [H. R. 620] to provide for a general system of common schools was taken up.
The House concurs in the Senate amendment making county superintendents elective by the county commissioners.
Mr. MENZlES moved that the Senate do recede from all amendments in which the House of Representatives refuses to concur.
Mr. URMSTON urged the Senate to adhere to its amendment allowing the patrons of a school to select its own teacher.
The motion to recede was agreed to by yeas 35, nays 5.
And then the Senate adjourned.
