THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Jan. 24; 1879-- 10 o'clock a, m.After prayers were said by Rev. Or J. H. BAYLISS, pastor of Roberts Park M. E. Church, of this city--
Three or four dozen committee reports were submitted, and placed on the files without reading, under an order of the presiding officer of the Senate made several days ago. And then
Mr. OLDS offered the following:
Whereas, It has been charged by the public press that the Trustees of the Indiana Soldiers' Home, and the trustees and officers of the other benevolent institutions of the State, have been guilty of mismanagement and misappropriation of funds, and believing it to be the duty of the Senate to investigate the management of the benevolent institutions of the State, and to prevent, as far as in their power, all mismanagement of said institutions, and all misappropriation of moneys by the trustees and officers of the same,
Therefore, Be it Resolved, by the Senate, That a special committee of five senators be appointed by the president of the Senate to investigate the management of the Indiana Soldiers' Home, and the management of all the other benevolent and reformatory institutions, and to investigate in regard to the charges made by the public press against the trustees of the Indiana Soldiers' Home in regard to charging and receiving for their services an amount in excess of the amount to which they were entitled by law, and to further investigate and ascertain whether any trustee or officer of any of the benevolent institutions of the State have charged or received for their services any amount in excess of the amount to which they are entitled by law; and that such committee shall have power to send for and compel the attendance before them of any person to testify in relation to the matters contained in this resolution, and to compel the production or inspection of any paper or book that may be deemed necessary by them to be produced and inspected in making such investigation; that said committee make a detailed report of the result of their investigation to the Senate at as early a period as practicable.
Mr OLDS made an ineffectual demand for the previous question, which was defeated by a tie vote on a division of the Senate.
Mr. WOOLLEN offered as a substitute the following:
Whereas it has been charged in the columns of the papers in this city that the various state benevolent institutions are managed in an extravagant and corrupt manner, therefore, be it
Resolved, That a committee of three senators be appointed by the president the Senate, whose duty it shall be to investigate the management of the hospital for the insane, the institutions for the education of the deaf and dumb and blind and the soldiers' home at Knightstown, and report the results of their investigation to the Senate at least six days before the close of the regular session. And for the purpose of aiding such committee in a full investigation, they are hereby authorized to employ an expert, provided the said expert shall not be paid more than three dollars per day for the time he is actually engaged in such duty. And said committee is hereby authorized to send for persons, papers, and examine witnesses under oath.
Mr. BURRELL thought this substitute a good amendment. A special committee as provided for in the original resolution would take away several senators, while the standing committee can discharge the duty in connection with its other business.
Mr. OLDS: The substitute ought not to be adopted, because it embraces institutions under the charge of two of the standing committees of the Senate.
Mr. FOSTER preferred the substitute because it is better to employ an expert at 93 a day to do the proposed work than to send a committee of five or six members of the Senate.
Mr. HEILMAN did not believe it good policy to adopt the substitute. How can you hire a man for $3 a day who will not sell out for $5 a day to somebody else? He thought the special committee should be appointed.
Mr. WOOLLEN had greater confidence in page: 64[View Page 64]men than to believe they would sell out for $5 a day. The demands of the times are for economy, and there are now so many bookkeepers and accountants at leisure we can find one for $3 a day, no doubt. Anything else than an investigation that goes to the bottom of affairs is a farce. What we want is to get a complete and thorough investigation without favor to anybody.
Mr. STREIGHT. It has not been charged that the books of these institutions have been improperly kept. What we want to know is whether extra salaries have been drawn, or whether extra charges have been made for labor or materials furnished or in the general expenditures on account of those institutions. It would take no expert to find that out.
Mr. BURRELL. The regular standing committee of the Senate should investigate whatever appears to be irregular and wrong about these institutions.
Mr. COMSTOCK favored the substitute.
Mr. FOWLER, as a usual thing, would favor the regular committees doing this kind of work, but the substitute covers too much ground. If it is expected of the reformatory committee and examine each one of the committee to visit and examine each of these institutions the members might as well vacate their seats and commence the work now. If an expert could be set to work, and one or two members of the committee by turns accompany him, Mr. F. would favor the substitute, otherwise he should oppose it.
Mr. DICE. This investigation should be made thorough and complete, and to do this we ought to have a special committee whose duty it shall be to devote its time and attention to this business until it gets at the bottom facts. As to whether it should employ an expert that question may come up hereafter and need not be decided now.
This substitute was rejected.
The original resolution was adopted.
Mr. SARNIGHOUSEN offered a resolution " which was adopted, that the auditor of State be requested to inform the Senate of the amount of money drawn from the State treasury for the Normal School of Terre Haute, the State University at Bloomington, and the Purdue University at Lafayette, during the last year.
NEW PROPOSITIONS.
Bills for acts were introduced, read thy first time and severally referred to appropriate committees as follows:
By Mr. FOWLER, [S. 222] providing that certain misrepresentations in life or fire policies shall not affect, the policy or defeat the collection of the claim.
By Mr. WlLSON, by request,[S. 223] to extend the time for the completion of certain unfinished macadamized turn pikes or gravel roads.
By Mr. GARRIGUS, [S. 224] providing for giving notice by publication to defendants who are not residents of the State, in actions pending in the circuit courts and other inferior courts in this State, and to cure defects that are believed to exist in notices given defendants who are not residents of this State in actions that have heretofore been tried and determined in courts of this State.
By Mr. GRUBBS, [S. 222] giving Justices of the peace jurisdiction in proceedings supplementary to executions.
By Mr. FOSTER, [S. 226] amending section 159 of the general practice act of June, 1852. so that persons sending claims against laboring men for collection outside of the State by attachment or garnishment must swear that the property attached is not exempt from execution--the same as if action were brought in this State.
By Mr. WINTERBOTHAM, [S. 227] to authorise township trustees to transfer money from one special fund in their hands to another in certain cases.
By Mr. POINDEXTER, [S. 228] to suppress intemperance, panperism and crime, and providing for the recovery of damages for injuries growing out of the sale, barter or giving away of intoxicating liquors--against the party from whom the liquor came and that owner of the building having knowledge that liquor can be obtained therein.
By Mr. GRUBBS, by request, [S. 229] in relation to settlements made by county commissioners with county, township or school officers.
By Mr. VIEHE, [S. 230] enabling married women between eighteen and twenty-one years of age to convey real estate when their husbands join with them in the deed, and to legalize conveyances heretofore made in that way.
By Mr. FOWLER, [S. 231,] to amend section 1 of the act of February 7, 1855, providing that no justice shall hear or determine any State prosecution for an assault and battery, or assault unless the injured party be present or being summoned refuse to attend, or when the summons for him is returned " not found " and that no trial shall be had in cases of affray, unless a witness thereof be present and testify upon such trial, or being summoned, refuses to attend.
By Mr. MOORE,[S. 232], to amend section 8 of the act regulating and granting divorces, by striking therefrom the words " for a period of two years", so the failure of the husband to make reasonable provision for his family becomes a just cause for granting a divorce to the wife.
By Mr. BURRELL, [S. 233] to authorize county commissioners to purchase books, stationery and other articles for the several county officers for the conduct of public business; and providing how claims against counties shall be settled.
By Mr. VIEHE, [S. 234] to amend section 524 of the general practice act of June,1852, so that in proceedings supplementary to execution, if the defendant has transferred his property to defraud creditors, the assignee or grantee of the property may be made a party and the question of fraud be tried in the proceeding.
By Mr. Harris, [S. 235] concerning payment of salaries of judges of the Superior courts--to be paid in the same manner and at the same time as salaries of judges of the Circuit courts.
By Mr. TRUSLER, by request of the Indiana State Horticulture Society, [S. 236] to amend the act for the protection of game, to-wit: It shall be unlawful in any way to kill or destroy quail for four years from the taking effect of this act. Nor pheasants from the 1st day of January to the 1st day of November in each year.
Pending the second reading of the bill, [S. 88--Mr. Comstock's]to establish a Probate Court in each county of this State.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The reading of bill [S. 88] was finished. A committee report thereon recommending the passage of a substitute bill--striking out from the enacting clause and inserting new matter, was also read.
The whole subject was made the special order for next Wednesday at 2 o'clock p. m., and 150 copies of the substitute ordered printed.
The bill [S. 155] [Mr. Grubb's), to prevent carrying concealed weapons, was read the second time, with a committee report recommending passage with amendments.
Mr. MENZIES thought this was taking a serious departure to allow peace officers to page: 65[View Page 65] carry concealed weapons. It is an open question whether they are proper custodians for such privilege. We are likely to establish a very dangerous precedent.
Mr. GRUBBS: The trouble is with a construction of the words "on duty." Our peace officers now when they go around, do so in violation of law, even when in discharge of their duty. The exception ought to be extended to peace officers.
Mr. MENZIES: When are peace officers on duty, if not continuously? They should not have a wholesale permission to make walking arsenals of themselves. The law now keeps them somewhat in restraint, and the present 'law, as it is, is not strict enough. This practice of carrying concealed weapons has sent more men to the penitentiary than anything else.
The Senate refused to concur in the committee report--yeas 13, nays 30.
On motion by Mr. DICE, the bill was laid on the table.
The bill [S. 119--Mr. Kahlos] to abolish the Superior Court of Cass County, was read the second time, with amendments reported by a committee, which were concurred in, and the bill ordered engrossed for the third reading.
The bill [S. 192--Mr. Grubbs] amending sec. 468 of the general practice act was read the second time with a committee amendment, which was concurred in, and the bill ordered engrossed.
The bill [S. 58--Mr. Harris] to work prisoners in jail, was read the second time and ordered engrossed.
The bill [S. 80--Mr. Kramer's] abolishing town assessors and treasurers, was read the second time with a committee report ordering the printing of the bill, which was concurred in.
The bill [S. 101--Mr. Sarnighausen] to repeal the act authorizing formation of water-works companies, was read the second time.
Mr. SARNIGHAUSEN: It leaves with a bare majority of the council the power to authorize water-works companies.
The bill was ordered engrossed for the third reading.
The bill [S. 174--Mr.Viehe's] to provide for trial of accounts by jury or referee, was read the second time with committee amendments, which were concurred in.
Mr. VIEHE: The object is to remedy great evils now existing. The object of the bill is not to try all accounts before a referee, but only such accounts as are intricate and complicated. Manufacturers' and other difficult accounts are not proper to be tried before a jury--they can not deal out justice between man and man. The jury can not remember it all. They are frequently composed of men who do not understand bookkeeping and accounts.
Mr. COFFEY: This bill is surely in conflict with section 20 of the bill of rights, which provides that in all civil cases the right of trial by jury shall remain inviolate. This bill deprives citizens of this right.
Mr. VIEHE: The right of trial by jury did not exist when the constitution was framed, and the provision referred to only applies to the class of cases existing at the time of the adoption of the organic law. It is only by provision of the statutes that a jury in such cases can be had at all. The class of cases referred to by this bill had never been tried by jury till after that time.
Mr. OLDS: If the bill refers to civil cases, as he believes they are, then it is in conflict with the constitutional provision referred to by the senator from Brown [Mr. Coffey,] and it is wrong to deprive any citizen of the right of trial by jury. The committee's amendments to this bill were certainly not understood by senators or the report would not have been concurred in.
Mr. MENZIES favored the passage of the bill. Under the interpretation of the Supreme Court, in 27th Indiana, the General Assembly has the right to pass such a measure as this.
Mr. BURRELL urged another objection to this bill. That it permits the jury to take the papers and books to its room. The case is presented to a class of twelve judges instead of one, which will be productive of much confusion in courts of justice. When this comes under the head of class legislation.
Mr. STREIGHT favored engrossment of the bill. Business men feel the lack of fair hearing in the adjustment of intricate accounts in courts of justice where juries take such cases.
Mr. DICE: The remedy sought for in this bill is already provided for by the statute. This bill ought not to be engrossed. Who is to determine upon the qualifications of the special juries referred to in the bill? This provision would cause delay.
Mr. 0LDS moved to reconsider the vote by which tho committee amendments were concurred in.
This motion was rejected on a division--affirmative 12, negative 16--and the question recurring on ordering the bill engrossed for a third reading--
Messrs. OLDS and MENZIES demanded the yeas and nays: Pending which several motions to adjourn over till Monday were rejected.
And then the Senate adjourned.
