THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, Jan. 20,1879-- 10 o'clock a. m.The LIEUTENANT GOVERNOR took the chair at the appointed hour, and the secretary's minutes of Saturday's proceedings were read and approved.
Mr. COMSTOCK presented a number of petitions, numerously signed by citizens and taxpayers of Wayne County, praying for the abolishment of the Wayne County Superior Court. Also, a petition from the same source praying for a reduction in fees and salaries of State and county officers, and to otherwise reduce the burdens of taxation.
Mr. RAGAN presented a petition similar to the last one described, from citizens of Hendricks County.
They were severally referred to appropriate committees.
Mr. WOOD offered a concurrent resolution, which was adopted, providing for the appointment of a joint committee to prepare a railroad tariff and freight bill, establishing a uniform system of rates throughout the State.
Mr. FOWLER offered a resolution that at the hour of 12 m. to-morrow this body will, in pursuance of an act of Congress approved July 25,1866, proceed to vote for a Senator in Congress for the term of six years from March 4,1879, in the place of Hon. D. W. Voorhees, the present incumbent.
Mr. HARRIS thought the resolution unnecessary, as the federal statute requires the action contemplated in the resolution.
The LIEUTENANT GOVERNOR did not suppose there was anything improper in the resolution, and would hold it to be in order, as advisory merely.
Mr. REEVE: The resolution proposes to elect a man in the place of Mr. Voorhees, and I don't know that I will agree to that yet. [Laughter.] I move to lay the resolution on the table.
The motion was agreed to.
Mr. FOWLER offered a resolution similar to the one above, for an election to fill out the unexpired term of the late Senator O. P. Morton.
It was rejected.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally referred to appropriate committees, as follows:
By Mr. WIER, [S. 166] to amend the assessment laws so as to authorize a penalty where the second installment of taxes become delinquent, and to regulate some other duties of county treasurers.
By Mr. FOWLER, [S. 167] defining the rights and liabilities of married women, removing legal disabilities.
By Mr. Sarnighausen, [S. 168] to establish a bureau of statistics in the Secretary of State's office, concerning agriculture, mining, manufactures, education, crime, public taxes and expenditures, corporations, immigration, and vital and social statistics.
By Mr. HART, [S. 169] to prevent persons, who are the mortgagors of goods and chattels, and who retain possession of the same, from running off, hiding, secreting, selling, exchanging, or otherwise disposing of the same in violation of the terms of the mortgage.
By Mr. LANGDON, [S. 170] amending secs. 19 and 20 of the decedents estates, act of May 14, 1852. When the estate of a decedent does not exceed $1,000, it rests, without administration and free from demands of creditors, first, in surviving wife or husband if no children; second, to surviving parent in trust for self and children, if any, during infancy and unmarried: third, to children, if no surviving parent. The provisions in case of insolvency, or estate is less the 81,000 after paying debts.
By Mr. FOSTER, [S. 171] to amend see. 17 of the felony act of June 10,1852, making a housebreaker guilty of burglary. Penalty, imprisonment from 2 to 14 years.
By Mr. MOORE, [S. 172] to legalize certain sales made under voluntary assignments of real and personal property in trust for the benefit of creditors.
By Mr. FOWLER, [S. 173] providing for notice by publication to be given to defendants in a weekly newspaper in certain cases to defendants of bastardy suits in cases where they are concealed or have left the State.
By Mr. VIEHE,[S. 174] to provide for the mode page: 43[View Page 43] of trial of certain issues of facts in civil cases--intricate accounts by a jury or referee by the consent of the parties, otherwise by the court.
By Mr. SARNIGHAUSEN, [S. 175] for the appointment of county superintendents--by township trustees.
By Mr. TRAYLOR, [S. 176] to legalize the official acts of the board of trustees of the town of Jasper.
By Mr. COFFEY, [S. 177] to repeal sec. six of an act concerning promissory notes, bills of exchange, etc., approved March 11,1861.
By Mr. SARNIGHAUSEN, [S.178] amending" sections 16 and 34 of the common school law--transfer for school purposes at request at the time of the school enumeration, and in relation to teachers' license.
By Mr. HARRIS, [S. 179] by request,a bill for an act to establish a State Board of Health, to provide for a system of registration and report of vital statistics, to define the duties of certain State and county officers, and to punish neglect, that the Indiana Health Commission as authorized by the State Medical Society, is hereby constituted a State Board of Health, the governor to add two physicians thereto, with the advice and consent of the Senate.
By Mr. BURRELL, [S. 180] for amendment of section 12 of the divorce law of March 10, 1873, by striking out the proviso authorizing publication in daily papers, of notice to non-resident defendant.
By Mr. GRUBBS, [S. 181] to amend section 18 of an act regulating descents and the apportionment of estates, approved May 14,1852.
By Mr. COMSTOCK, [S. 182] concerning real estate devised and apportionment of guardian in estate cases.
By Mr. WOOLLEN, [S. 183] amending sec. 9 of the act of June 9,1852, touching the relation of guardian and ward, so guardian shall file inventory within one month after appointment, render an account to court every year, with statement as to moneys, securities, etc.
By Mr. FOSTER, [S. 184] to prevent the practice of resorting to distant courts to oppress the citizens of Indiana--by sending out of the State claims for debt to be collected by proceedings in attachment.
By Mr. RAGAN, [S. 185] to provide for the purchase by the State librarian of 150 sets of the Be vised Statutes for the use of members of the General Assembly, and providing how the same shall be preserved for the use of succeeding members of the General Assembly.
On motion by Mr. REEVE, it was ordered that in all cases where a bill shall be reported from. a committee with a recommendation that it so pass, that as a matter of course 100 copies of such bill shall be printed for the use of the Senate and be laid on the desks of members.
Then came the recess till 2 o'clock, p. m.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR makes the standing committee on sanitary affairs to consist of Messrs. Sarnighausen, Mercer, Moore, Dice. Menzies, Woollen and Shaffer.
By Mr. OLDS, [S. 186] to amend section 3 of the act to provide for the election and certain of the duties of prosecuting and district attorneys, approved June 11, 1852, and to provide certain duties of justices of the peace and other courts having jurisdiction, for issuing of process for the apprehension of persons charged with felonies or misdemeanors, and providing for the attendance of witnesses to testify in relation to the commission of felonies and misdemeanors.
By Mr. FOWLER, [S.187] amending sections 1,2 and 20 of the supervisor at highways act of March 5,1877, so as to strike out the freehold qualification, and also all that relates to taxing acres of land.
By Mr. TRAYLOR, [S. 188] to amend section 1 of an act providing for township elections, approved March 3, 1877--all township officers shall be elected at the biennial election in October, 1880, and every second year there-after.
By Mr. HARRIS, [S. 189] to amend section 6 of an act to provide for the sale of property held in trust in certain cases, approved February 4,1875.
By Mr. GRUBBS, [S. 190] to amend the exemption law of February 17,1852, so as to exempt $600 from sale or any process of any court.
By Mr. GRUBBS, [S. 191] to amend the interest law so it shall be six per cent--in writing eight per cent--nothing in this act to prevent renewals of loans made previously, at original rate of interest.
By Mr. GRUBBS, [S. 192 ] to amend section 468 of the general practice act of June 18,1852, by adding that the plaintiff shall be notified by mail or otherwise of the time and place of sale of such personal property on execution.
By Mr. KAGAN, [S. 193] relating to the penal ordinances of incorporated towns and cities. It shall be a sufficient defense it shown that for the same act defendant has been tried before by the State.
By Mr. COMSTOCK, [S. 194] to amend section 20 of the competent witness act, approved March 11,1867--striking out all in relation to husband and wife but these words, "and except also that in suits by the husband for the seduction of the wife."
Mr. REEVE offered a concurrent resolution that inasmuch as important public works have been commenced by towns and cities for the supplying of public necessities, the suspension of which for want of funds or of ability to issue bonds would result in loss and injury, and the Immediate approval of the proposed constitutional amendment No. 9, limiting taxation to 2 per cent., may work such injury, therefore, if said amendment shall be submitted to a vote of the people it shall not be till the general election in 1880, without regard to the time when any other proposed amendments shall be submitted.
Mr. VIEHE thought the resolution ought not to be adopted.
Mr. REEVE: The improvements referred to are going on now, and the only object of the resolution is to get some kind of intimation of what the sense of the Legislature is upon the subject. If any of these works have to be suspended they had better be suspended at once. The House of Representatives may be dilatory in the passage of the amendments, and a large sum of money may be expended on these works in the meantime, which would be unfortunate if the adoption of the constitutional amendments should force suspension.
Mr. LANGDON, thinking this matter ought to receive considerable consideration, and that this resolution ought not to be voted on now, as the judgment of the Senate might be forestalled, moved to lay the resolution on the table.
The motion was agreed to.
The bill [S. 4--Mr. Comstock's] to abolish the superior court of Wayne county coming up, with a favorable committee report thereon, the report was concurred in, the bill read the second time and ordered engrossed for the third reading.
The bill [S. 29--Mr. Shirk's] to loan school funds at six per cent. coming up, with a committee report recommending indefinite postponement, the report was concurred in, and so the bill was indefinitely postponed.
The bill [S. 50--Mr. Viehe's] to amend section 30 of the justices' act coming up, with a com-[mittee] page: 44[View Page 44] [comm]-ittee amendment, the amendment was concurred in, the bill read the second time and massed to the third reading.
The bill [S. 52--Mr. Coffey's] for abolishing struck juries, coming up on the second reading with a committee report recommending indefinite posponement, the report was concurred in.
The bill [S. 73--Mr. Moore's] that aliens may take property by device or descent, the same as natives, coming up with a committee report recommending indefinite postponement, the report was concurred in.
The bill [S. 76--Mr. Foster's] increasing the number of peremptory challenge of jurors coming up with a committee report recommending indefinite postponement, it was concurred in.
The protest presented by Mr. Harris on Friday last and ordered spread upon the Senate journal of that day without reading at his instance, but which was expunged therefrom on Saturday morning in order that the lieutenant governor might have an opportunity to examine It and be satisfied that it states the truth, was submitted for record on the Senate Journal of to day. Mr. Harris' protest sets out the proceedings in the organization of the Senate to which he objects, and closes in the following words:
Believing 'It is the duty of every person clothed with the power of office to observe the law as heretofore interpreted and understood" (S. J. 1877, p. 54), and believing said rulings were contrary to the constitution and parliamentary law. I hereby protest against the same.
- Because it is the right of every Senator to appeal from any decision of the chair to the Senate on the construction of the constitution or on a point of order, or on the refusal of the chair to entertain the point of order; and then At is for the Senate to construe the constitution and declare its effect.
- Because when the previous question is pending, that does not cut off the right to question the order or regularity of the main proceeding; and when that is questioned by any Senator rising to a point of order, which being overruled or denied by the chair, and an appeal Ls taken to the Senate and seconded, such appeal must be decided by the Senate before proceeding with any other business This right of appeal being one which belongs to every senator, and of which he may not be rightfully deprived. I hereby record my protest against the foregoing action and practice, lest at some other time it might, be cited as a precedent.
ADDISON O. HARRIS, GEORGE W. GRUBBS,
We, the undersigned senators, hereby join the above protest for the reasons herein stated: Wm. Heilman, B. Shirk, Milton Trusler, Francis M. Dice, D. W. Comstock, M. Garrigus, A. D. Streight, W. H. Ragan, S. M. Taylor, W. M. Mercer, E. W. Weir, N. Cadwallader, B. L. Davenport, Walter Olds, M. C. Smith, W. B. F. Treat, A. H. Shaffer, E. R. Wilson, W. A. Moore, B. H, Langdon, Chas. Kahlo, Moses Poindexter.
The calendar of business having been exhausted--
The Senate adjourned.
