THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Jan. 17,1879 10 o'clock a. m.After prayer by Rev. Dr. BARTLETT, the secretary's minutes of yesterday's proceedings were read and approved.
Mr. HARRIS presented a protest, which, at his suggestion, was ordered placed upon the journal without reading. [It is a protest signed by Republican senators against the rulings of the lieutenant governor on the organization of the Senate.]
The Judiciary Committee returned bills [S. 44--Mr. Comstock's] to abolish the Superior Court of Wayne County; also, [S. 50--Mr. Viehe's] amending section 80 of the justice's act, with favorable reports, which were placed on the calendar, to be considered when the bills shall come up for the second reading.
The Judiciary Committee also returned the bill [S. 29--Mr Shirk 's] authorizing school moneys to be loaned at six per cent, with a recommendation that it be indefinitely postponed.
Mr. REEVE moved to concur in the report of the committee.
Mr. SHIRK, from the number of bills introduced here to reduce the legal rate of interest, was convinced that a reduction will be made at this session of the General Assembly, whether to six or eight per cent. is yet a question ; but it is evident there will be a reduction. It has been the policy of the Legislature to place the rate of interest on moneys belonging to the School fund a little below the legal rate of interest, because it is absolutely necessary to the welfare of the common school system that all moneys belonging to the school fund should be kept, out at interest continually. Our county auditors can not succeed in keeping the school fund out at interest as it ought to be unless they can loan it at a less rate of Interest than the legal rate. For these reasons he had introduced the bill, and hoped the bill would not be indefinitely postponed, but passed through the several readings and become a law.
Mr. REEVE could not remember the time when the rate of interest on the school fund was less than seven per cent, A loan from the school fund amounts to a perpetual loan as long as the borrower pays interest promptly, and where else can a man go and obtain a perpetual loan at six per cent.? At eight per cent. there are far more applicants than can be accommodated The legal rate of interest in this State is 6 per cent., and the General Assembly, in its wisdom and generosity, has given every man the privilege to exercise his own discretion as to his own wants and necessities in emergencies, and in the exercise of that discretion, if he thinks his interests, necessities or wants are such that by making a special contract in writing to pay a rate of interest not exceeding 10 per cent., he shall have that privilege; and any one who would deprive a business man or a poor man of the exercise of that discretion, carrying out the same principle, would deprive him of the discretion as to whether he shall own two horses or one, or two pups or one, or wear boots or shoes, or go barefoot. [Laughter.]
Mr. DICE: While the legal rate of interest is 6 per cent., and while the State has funds to loan to her people, it is inconsistent for her to charge 8 per cent., and it is wrong. This bill ought to pass in justice to the people.
On motion of Mr. LANGDON the motion to concur in the committee report was laid on the table.
The Judiciary Committee also returned bills [S. 30--Mr. Weir's] authorizing guardians to settle the estate of deceased wards; also [S. 52--Mr. Coffey's] to abolish struck juries; also [S. 73--Mr. Moore's] to declare that aliens may inherit property the same as natives; also [S. 76--Mr. Foster's] to increase the number of juror challengers, with recommendations for indefinite postponement. On motion by Mr. REEVE the last report on bill S. 76 was concurred in. The other reports were placed on the calendar to be considered when the bills shall severally come up for the second reading.
Mr. KRAMER offered a resolution, which was adopted, directing the clerks of the Senate committees not to employ a janitor.
Mr. WOOLLEN offered a resolution, which was adopted, directing the Judiciary Commit-[tee] page: 35[View Page 35] [Committee]-tee to inquire and report whether there is any law fixing the pay of officers and employes of the Senate. Mr. W. said the title of the statute referring to such compesation does not express the subject embraced in the act.
On motion by Mr. SARNIGHAUSEN it was adored that 1,000 copies of the governor's message, together with the accompanying communications on sanitary purposes, be printed in English and 500 copies in German, for the use of the Senate.
Mr. DAVENPORT, by request, offered a joint resolution [S. 3] instructing our senators and requesting our representatives in Congress to favor the passage of the arrears of pensions bill and the bill for the equalization of bounties to soldiers in the late war, which was adopted-- by yeas 47, nays 0.
Mr. WINTERBOTHAM offered a joint resolution [S. 4] for instruction and request to Indiana senators and representatives in Congress to use their influence to procure a modification of the patent laws.
Mr. WINTERBOTHAM introduces this resolution to prevent the people from being imposed upon by many men who claim and obtain patents where no real principle is involved and levy blackmail upon the people. The driven well principle has been known for centuries, and yet men get a patent on it and proceed to levy blackmail by claiming from five to ten dollars from persons not capable or willing to defend a patent law suit.
Mr. HARRIS: The injury arises where a patent right owner permits some one to manufacture and sell an infringement and then the law allows him to recover damages from the farmer or other persons using such a machine, not knowing it to bean infringement. The law should be that if the patentee allows an infringement to go upon the market innocent purchasers should not suffer.
The joint resolution, together with a substitute offered by Mr. REEVE, was referred to a select committee of three, which the LIEUTENANT GOVERNOR made to consist of Messrs, Winterbotham, Smith and Grubbs.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and referred to appropriate committees, viz;
By Mr. DICE, by request, [S. 108] to secure to inmates of insane hospitals the right to communicate with persons outside by letter or otherwise. Also [S. 109] to authorize inquisitions of insanity. ;
By Mr. CADWALLADER, [S.110] to amend section 1 of an act of March 10, 1875, declaring agreements to pay attorney's fees in any evidences of indebtedness void.
By Mr. VIEHE, [S. 111] to enable certain manufacturing and mining companies of other States to hold and convey real estats in this State.
By Mr SARNINGHAUSEN, by request, [S. 112] authorizing executors and administrators to convey real estate sold by decedent in his lifetime, but nor, conveyed by him.
By Mr. STREIGHT, [S. 113] to prohibit aid to railroads by any city, town, township or county.
By Mr. MAJOR, [S. 114] to allow a reasonable homestead exemption--householders, $1,000; other citizens, male or female, $500.
By Mr. FOWLER, [S. 115] providing for the trial of causes instituted in the State courts against foreign life and fire insurance companies doing business in this State, and to prevent the transfer of such causes to the Federal Courts.
By Mr. TAYLOR, [S. 116] to regulate the sale of spiritous liquors.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
The presiding officer [Mr. FOWLER in the chair laid before the Senate a message from the governor suggesting the propriety of selling the plat of ground in this city bounded by Meridian, New York, Pennsylvania and New York streets, known as "University Square," and devoting the proceeds thereof to the uses of the State University in lieu of the usual appropriations from the State treasury. [This message was referred to the Committee on Education.] Also a message recommending that courts be empowered to so modify the verdict of juries as to make a criminal judgment in each case express an opinion of the judge of the court upon his full review of all the facts developed before him. [This latter message was referred to the Judiciary Committee.]
The PRESIDING OFFICER announced the special order for this hour being the consideration of Mr. Streight's concurrent resolution for instructing our senators and requesting our representatives in congress to favor the passage of the bill now pending in that body to regulate traffic on railroads.
MR. STREIGHT had no interest in mis matter other than the interest of our common fellow citizens. When each of the transportation lines stood free and untrammeled, propared, each and every one, to bid on carrying freight independent of each other, then there could be little complaint, but, sir, they have thought it wise to pool their business so as to form one grand combination, and to-day a combination exists so powerful and overbearing, that if there was but one single transportation line from here to the sea shore it would be far better for the people. The people have created and encouraged these lines; some of them have received grants in lands and bonds to twice the cost of their construction; some of them have received territories of laud greater in extent than the whole State of Indiana, and now we find these corporations joining with each other in one grand combination, which will enable them to arbitrarily fix the price for transportation of every bushel of wheat, every bushel of corn, and every beef, as well as every article we produce for export, at every railroad station throughout the length and breadth of the land. Now that this state of things exists it is time for the people to speak out through their representatives and say to these railroad monopolists, "Thus far shalt then go, and no farther." A bill looking to the correction of this evil has passed the lower House of Congress, and is now before the senate. It may be said that our congressmen understand their business best, but it must be remembered that the people have no active paid lobby to work up their interests in Congress, and that can not be said of the railroad interests. Millions of dollars have been spent every year in the lobbies and about the halls of Congress, and millions will be spent this year, and for that reason there should be an expression from the Indiana Legislature on that subject. Hundreds of millions of dollars are practically managed to-day by a little board of five men who can get together and make figures that will break the fortunes of men here in the West It is the duty of the State to protect its citizens from extortion. The National Government has made it possible for this great combination to be formed, and as this is a subject which interests deeply every branch of industry throughout the length and breadth of our land it is a wise thing to stop it, as the bill now pending in Congress proposes to do, and commence protecting the people who have suffered so largely from this state of things. It may be said that the best way is to permit competition, but the very men who control these pools have made page: 36[View Page 36] competition impossible. They are not willing to let competition come in.
On motion by Mr. REEVE the pending resolution was referred to the Judiciary Committee.
Mr. WINTERBOTHAM, from the Finance Committee, returned the bill, [H. R. 1] appropriating $125,000 for expenses of this session of the General Assembly, with a recommendation that it do pass. On his motion the constitutional restriction was dispensed with, and the bill ordered pressed to its final passage. When it had been read the second time by title--
Mr. STREIGHT offered the following amendment:
Provided, that no money be appropriated to pay mileage to members who have received and used railroad passes going to and returning from the capital.
Mr. STREIGHT--If there has been no expense to members in traveling to the State capitol, the State ought not pay them mileage. It is taken for granted that no member is willing to draw more pay for his services here than every other member. This whole principle is wrong. Look back in the history of State Legislation and show where railroads have ever asked for anything they have not obtained; and it is equally true that nearly every measure the people have asked for to protect themselves from oppression by the railroads have been denied.
Mr. REEVE stood with the senator heart and soul, but saw no way to enforce the amendment.
Mr. MENZIES paid his way on the railroads. There had been a pass over the Vincennes Road put on his desk, but inside of sixty minutes thereafter he had mailed it back to the president of that company.
Mr. REEVE demanded the previous question, which was seconded by the Senate, and under its operation the amendment was rejected by--yeas 11, nays 33.
Mr. TREAT explaining: He did not believe any measure we could pass would prevent the payment of mileage to members, according to the statute. He had no passes.
Mr. VIEHE did not believe this amendment ought to pass; it was a kind of insinuation against members, and might bring about a kind of inquisition to find out who had passes. He had paid his way here, and should probably do the same thing when he goes home.
Mr. WOOLLEN, in explanation, had no pass, and should hot have during the session; and was opposed, to members using passes, but, believing this amendment should not be put in a bill coming from the House, would vote "no."
So the amendment was rejected.
The bill was then read the third time and finally passed, by--yeas 45, nays 2.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally referred to appropriate committees, as follows:
By Mr. BRISCOE, by request, [S. 117] to abolish the criminal court of Allen County.
By Mr. LANGDON, [S. 118] amending sections 199,201,202,203 and 205 of the general practice act of June 18,1852.
By Mr. KAHLO, [S. 119] repealing the act establishing a superior court in the county of Cass
By Mr. COFFEE, by request, [S. 120] providing for uniformity in the beginning and ending of the term of office of circuit judges, prosecuting attorneys and county officers and their successors.
By Mr. TRUSLER, by request, [S. 121] to repeal section 2 of the misdemeanor act of December 2,1865.
By Mr. SHAFFER, [S. 122] to provide for repairs on free turnpike roads in the various counties of Indiana.
By Mr. GRUBBS, [S. 123] defining the meaning of the first proviso of the second section of the act providing for the relocation of county seats, approved March 22,1855.
By Mr. SMITH, [S. 124] defining jurisdiction of justices of the peace and mayors of cities in certain cases.
By Mr FOSTER, by request, [S. 125] providing for the conviction or persons in possession of stolen property feloniously brought from other states o territory or any foreign country.
By Mr. BURRELL, [S. 126] for a general insurance act making general provisions for the organization, government and taxation and regulation of various classes of insurance companies.
By Mr COMSTOCK, [S. 127] to amend section 334 of the general practice act of June 18,1852.
By Mr. CADWALLADER, by request, [S. 128] for a homestead exemption--not to exceed 40 acres of land and dwelling thereon.
By Mr. MENZIES, [S. 129] providing for change of venue from mayors of cities and justices of the peace.
By Mr. VIEHE, [S. 130] to regulate the number of petit jurors in the several courts--six.
By Mr. HARRIS, [S. 131] to provide for the election of a police judge in cities having a voting population of 16,000, as shown by the votes cast for governor at the last election.
By Mr. REEVE, [S. 132] relating to the collection of debts.
By Mr. MOORE, [S. 133] in relation to plank, gravel or turnpike road companies, to prevent the opening of ways around toll gates, providing for the granting of right of way or extension of said roads over public highways or portions thereof.
By Mr.URMSTON, [S. 134] to divide the State into congressional districts.
By Mr.WOOD, [S. 135] to declare Government patents, and certified copies thereof, evidence.
By Mr. DICK, [S. 136] to regulate the use of human bulk's for the purpose of dissection.
By Mr. TAYLOR, [S. 137] providing for printing legal notices by the lowest bidder.
Then the Senate adjourned.
