THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA
LEGISLATURE.
IN SENATE.
SATURDAY, Jan. 25,1879, 10 o'clock a. in.The Senate met pursuant to adjournment Wider the rules, the Lieutenant Governor, [Hon. ISAAC P. GRAY, of Randolph county,] in the chair.
Rev. Dr. J. H. BAYLISS, of the Roberts Parks Methodist church, of this city, opened the session with prayer.
The secretary's minutes of yesterday's proceedings were read, corrected and approved.
The LIEUTENANT GOVERNOR laid before the Senate the following communication from his Excellency the Governor:
Gentlemen of the Senate:
BARNABAS C. HOBBS, a trustee of the Indiana State Normal school, resigned his office November 6,1877. I appointed TIMOTHY NICHOLSON to fill the vacancy, to serve as such trustee for the residue of the term ending December 20, 1879. I respectfully ask that the Senate approve and confirm that appointment.
I nominate JOHN T. SCOTT; of Vigo county, and MURRAY BRIGGS, of Sullivan county, to the office of trustee of the State Normal school aforesaid, each to serve as such trustee for the residue of the term of four years from December 20,1877, and I respectfully ask that the Senate do advise and consent their appointment by me.
JAMES D. WILLIAMS. Governor's Office, Jan 24, 1879.
The LIEUTENANT GOVERNOR also laid before the Senate the following:
Hon. 1, P. Gray, President of the Senate:
SIR--The Board of State House commissioners respectfully invite all of the members of the Legislature to inspect the plans for the new State House and the specimens of stone designed for its construction sst any time that suits their convenience. The office of the board is in Fletcher & Sharpe's building, rooms 54 and 55. The commissioners will be pleased to exhibit the plans and give any information in regard to the building that may be desired.
Respectfully, T. D. WILLIAMS, President.
The LIEUTENANT GOVERNOR announced the special committee authorized by a resolution adopted yesterday for investigation into the management of the benevolent institutions of the State, viz: Messrs. Olds, Woollen, Treat, Foster and Kramer.
MR. HART, by request, presented a petition from Warrick; county praying, in view of the alarming increase in the sale of intoxicating liquors, for the enactment of a local option law allowing citizens to declare by ballot whether they shall have intoxicating liquors sold in their town, township or ward,
It was referred to the committee on temperance.
Mr. RAGAN offered the following:
Whereas, House Bill No. 1, known as the legislative appropriation bill, requires all resolutions appropriating money under its provisions to be concurrent resolutions; and,
Whereas, The Senate resolution authorizing the purchase by the State Librarian of the statutes, for the use of members of the Senate was passed prior to the passage of House Bill No. 1; and
Whereas, The Auditor of State, in compliance with the provisions of House Bill No. 1, declines to issue his warrant on the State Treasury for the purchase of the statutes by the State Librarian; therefore, be it
Resolved by the Senate, the House of Representatives concurring, that the Auditor of State be and is hereby authorized to issue bis warrant on the Treasurer of State in compliance with bill of purchase by the State Librarian, for the payment of the bill above referred to.
The resolution was adopted.
Mr. WINTERBOTHAM, from the special committee to which was referred his concurrent resolution for instruction and request of Indiana congressman to procure a modification of the patent law, which will prohibit the issue of any patent not involving new and original principles, and at the same time prevent an imposition on the public, reported the same back, with a recommendation that it do pass in the following words:
Whereas, in the execution of the patent laws of the United States their enforcement tends to flood the country with artices of no great use or importance, and involving no new
page: 69[View Page 69]principle, but operating disadvantageously to the judgement of the greater portion of the people, and under which laws vast frauds are imposed on the public; therefore--
Be it resolved by the Senate, the House concurring, that our senators in Congress be requested and our representatives be instructed to procure such a wise and judicious modification of the patent laws, which in its operations will prohibit the issue of any patent not involving new and original principles, and at the same time prevent fraud and imposition on the people.
The report was concurred in.
Subsequently on motion by Mr. BURRELL this concurrent resolution was taken up and adopted.
BREVIER LEGISLATIVE REPORTS.
Mr. DICE offered the following:
Resolved, That the Secretary of State be requested to lay on the desk of senators one copy each of the Brevier Legislative reports belonging to the State, now in the document room in the basement of the State building.
The resolution was adopted.
Mr. WOOLLEN offered the following:
Resolved, That the Committee on the Judiciary be instructed to inquire into and. report to the Senate whether or not the passage of a stay law to delay the collection of debts now existing as judgments be constitutional, and report at their earliest convenience.
Mr. WOOLLEN explained that some of his constituents desired a bill introduced for a stay on the collection of debts where judgment has been obtained, which he thought unconstitutional; but if the judiciary committee would so report it would be satisfactory to all parties.
Mr. HARRIS, believing such a measure unconstitutional, moved to lay the resolution on the table.
The motion was agreed to.
Mr. LEEPER offered the following, which was adopted:
Resolved, That the Committee on Public Printing be and they are hereby instructed to inquire into the expediency of printing, in the order of their enactment, and as soon thereafter as practicable, a sufficient number of copies of the acts of the present General Assembly to supply each county clerk's office and bar association of the State with a copy of the same; and to report the result of this inquiry to this Senate as early as practicable, by bill or otherwise.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally referred to appropriate committees as follows:
Mr. BENZ, [S. 237] to amend section 402 of the general practice act of June 18, 1852, by striking out the non-resident clause--so every plaintiff shall file undertaking for costs in suit.
By Mr. SHIRK, [S. 238] to amend section 8 of the act of' February 28, 1875, authorizing the construction of plank, M'Adamized and grave1 roads and to empower the same to make sale of a portion of their roads--so as to with hold the benefits of said act from the Central plank road company unless it passes free of toll all persons and teams connected with the public asylums of the State.
By Mr. FOWLER, [S. 239] providing for and requiring children, from eight to fourteen years of age to attend school or to be instructed at home, at least 14 weeks in each year.
By Mr. WILSON, [S. 240] to amend sect ion 2 of the act of March 5, 1877, for the protection of wild game. It shall be unlawful to net, trap or snare quails at any time, or shoot, trap or destroy quails or pheasants during the years 1879 and 1880, from December 1 to November 1, and thereafter from October 25 to December 25.
By Mr. BURRELL, [S. 241] to amend section 5 of an act of March 7, 1877, to provide for the more speedy trial of causes and facilitate the transaction of business in courts, special judge's pay to be deducted from salary of the regular judge.
By Mr. WOOLLEN,[S. 242] requiring boards of county commissioners, school trustees and township trustees to publish a statement of allowances made by them, once in every three months, in newspaper having largest circulation.
By Mr. SMITH, [S. 243] to amend sections 2 and 4 of act supplementary and amendatory of the property assessment and taxation law approved March 8, 1873, so taxes on tax duplicate may be paid in full before the third Monday in July, or one half before the first Monday in January following.
By Mr. FOWLER, [S. 244] declaring the title to real estate in the vendee where, at the time of conveyance, the vendor had no title, but who afterwards acquired title to real estate so conveyed.
By Mr. HART, by request, to provide that the mortgageor of real estate or any other grantee, holder or owner of such mortgaged property shall not be liable on execution for any deficiency in case the mortgaged property does not sell for a sufficient amount to pay the principal, interest and costs; and that a return of execution showing sale of such mortgaged premises shall be a release of any further liability on account of such debt, judgment and execution.
By Mr. BURRELL, by request, [S. 246] to provide for the appointment [by the governor] of a board of railroad commissioner, [three] and to define their powers, duties, and fixing their compensation.
Pending the introduction of bills, Mr. Menzies offered the following:
Resolved, That hereafter the reading clerk of the Senate in reading bills, resolutions, reports and any other matter pertaining to business before the Senate, shall occupy a position in front of the reporter's desk.
The resolution was adopted.
On motion by Mr. VIEHE, 200 copies of his bill. [S. 174] for trial of accounts by jury or referee, with the committee's report thereon, were ordered printed.
On motion by Mr. KRAMER, his bill [S. 80] to abolish the office of assessor and treasurer in cities and towns, was made the special; order for next Wednesday afternoon at 2 o'clock.
The Senate then adjourned till Monday morning at 10 o'clock.
