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Brevier Legislative Reports, Volume XVII & XVIII, 1879, 360 pp.
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THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.

INDIANA LEGISLATURE.

IN SENATE.

THURSDAY, Jan. 23, 1879-- 10 o'clock a. m.

The session was opened, with prayer by Dr. LEA W. MUNLALL, of this city, of the M. E. church.

The LIEUTENANT GOVERNOR announced the standing committee on reapportionment of the State for senatorial and representative purposes, viz.: Messrs. Viehe, Moore, Sarnighausen, Grubbs, Reeve, Langdon, Davis, Urmston, Hellman, Winterbotham, Garrigus, Tarlton and Coffey; also, the standing committee on reapportionment of the State for congressional purposes: Messrs Burrell, Taylor, Menzies, Olds, Fowler, Harris, Kent, Comstock, Hefron, Mercer, Wood, Smith and Reiley.

Several of the standing committees of the Senate returned a number of Senate bills--a dozen and a half or two dozen--with a report on each embracing the judgment and recommendation of the committee returning it which reports, at the suggestion of the lieutenant governor, were placed on the files without reading, this order to be continued unless set aside by the action of the Senate.

Mr. BRISCOE offered the following resolution, which was adopted:

Resolved, That the auditor of State is hereby required to request of each and every county auditor, treasurer, sheriff and clerk in the State of Indiana, under oath, a full and complete exhibit of his salary, fees, emoluments and perquisites received, by him or his predecessor for the year 1878, and also a full statement, under oath, of all expenditures of every kind and nature--the name and number of clerks or assistants employed by each, with the true amount paid to each and for what service rendered, for and during the year 1878, showing the net proceeds or profits accruing from said respective office; said information to be furnished to the State auditor before the 15th day of February, 1879.

Mr. VIEHE declared the purport of the resolution to be all right, but in order to obtain this information if; would be necessary to pass an act requiring these questions to be answered; and because of that he opposed passage of the resolution.

Mr. GRUBBS--If there is anything needed by members of this Assembly it is information in regard to fees and salaries of county officers, Senators know nothing of the fees and salaries of county officers other than what they may have picked up in their own counties or districts. If this resolution is adopted, and officers do not respond, and in acting upon the best information we are able to obtain, we do them injustice, it is not our fault, but theirs, because we have called upon them to give us information we desire, and which we need, and if they do not give it to us the responsibility will rest with them. Therefore this is a resolution in the right direction. It is not mandatory. If these officials shall choose to give the information asked for, they can; if they don't we should act as best, we can without it.

Mr. REEVE offered a concurrent resolution, which was adopted, instructing senators and requesting Indiana's representatives in Congress to procure the enactment of a law requiring plaintiffs in all cases where judgment is rendered in Federal courts against residents in this State, to cause a brief memoranda of the judgment to be sent to the clerk of the circuit court in which defendant resides, to be entered on the judgment docket.

Mr. WILSON offered a resolution instructing the judiciary committee to ascertain whether the assessment laws are conflicting, and if so report a bill to secure the proper assessment and collection of taxes.

It was adopted.

Mr. TRUSLER offered a resolution requesting the judiciary committee to report a bill, reducing the interest on money, at its earliest convenience. He said: It looks as though the object is to defer action on this interest matter as long as possible. The committee has had time to consider the question of interest. The whole ground has been traveled over in debate in this Senate, and now a test question might be taken on this resolution, whether we are willing or not in any reasonable length of time to have a bill reported to reduce the rate of interest. page: 59[View Page 59]

Mr. VIEHE: The Senator (Mr. Trusler) is mistaken when he intimates the object is delay. The Judiciary Committee has considered all the bills on the subject of interest that have been referred to it, and has determined to have a new bill in lieu of them all, which has already been drafted in pencil. The Judiciary Committee has been at work almost every night.

Mr. OLDS: This resolution ought not to pass. The Judiciary Committee has determined upon a report. If the Senate chooses to take the matter out of the hands of this committee, and refer it to some other committee, of course it can do so.

Mr. REEVE would submit at no time and in no place to an open charge of corruption in the discharge of duty. If this Senate adopts a resolution, the import of which declares, as its author has said, to censure the Judiciary Committee, including the chairman (Mr. Reeve), for corruptly failing to discharge its duty, it is at liberty to find some other chairman and some other member of the committee.

On motion of Mr. STREIGHT the resolution was laid on the table.

Mr. RAGAN offered a resolution that speeches be limited to five minutes.

On motion of Mr. HARRIS it was laid on the table.

Mr. GARRIGUS offered the following:

Resolved by the Senate of the State of Indiana, That in accordance with rule 53, and to make the same more useful and effective, that the senator introducing a bill shall be notified when his bill will be considered by such committee, and no bill shall be adversely passed upon by such committee unless its author be so notified. It shall be the duty of the chairman of each committee to cause such notice to be given.

On motion by Mr. BURRELL it was laid on the table.

NEW PROPOSITIONS.

The following described bills for acts were introduced, read the first time and referred to appropriate committees:

By Mr. SARNIGHAUSEN, [S. 207] to provide for the determination and allowance of claims against the State.

By Mr. KRAMER, [S. 208] supplementary and amendatory of valuation and assessment and property taxation acts.

By Mr. BENZ, [S. 209] to provide for appeals from boards of county commissioners.

By Mr. TARLETON, [S. 210] to prevent swine from running at large.

By Mr. WlNTERBOTHAM, [S. 211] interest on money to be at any rate on which parties may agree.

By Mr. MAJOR, [S. 212] declaring agreements to waive valuation and appraisement laws in any written or printed evidence of indebtedness to be illegal, null and void.

By Mr. POINDEXTER, by request, [S. 213] to divide the state into congressional districts.

By Mr. WILSON, [S. 214] supplementary to acts prescribing the duties and qualifications of coroners.

By Mr. BRISCOE, [S. 215] to Increase the exemption of property from sale on executions to $600.

By Mr. TRAYLOR [S. 216] to amend section 1 of the act of December 21,1865, defining the crime of embezzlement.

By Mr. HART, [S. 217] to amend section 467 of the general practice act--thirty day's notice shall be given of all sales on execution by the posting of written notices only.

By Mr. POINDEXTER, by request, [S. 218] to amend section 8 of the general act for the incorporation of cities--common council may appoint marshals.

By Mr. TAYLOR, [S. 219] to amend section 529 of the general practice act--to provide for the manner of enforcing liens.

By Mr. URMSTON, [S. 220] to fix the number of senators and representatives to the General Assembly--50 senators and 100 representatives.

By Mr. TREAT, [S. 221] granting the privilege of remonstrance by citizens of cities, towns, townships and wards against the sale of intoxicating liquors therein.

Pending the introduction of bills--

On motion, and for the purpose of giving the several standing committees an opportunity to meet and consider the mass of matter referred for their action, it was ordered that when the Senate adjourns it be till to-morrow morning.

Mr. LANGDON offered a resolution, which was adopted, that all bills on legislative and congressional apportionment be printed upon the first reading.

And then the Senate adjourned till 10 o'clock to-morrow, under the order above set forth.

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