IN SENATE.
TUESDAY, February 15, 1881--10 a.m.The joint resolution [H. R. 1] requesting Indiana Congressmen to use their influence for securing the passage of a law for the reconstruction by the Federal Government of the Wabash and Erie Canal being read the third time--
Mr. CHAPMAN thought the resolution out not to pass. He did not think the General Assembly should commit itself to any such scheme of public improvement.
Mr. MENZIES remembered two years ago a number of such resolutions were passed by the General Assembly, and knew not of any good results therefrom. If any of this kind of bread has been returned, after being cast upon the waters, he had seen none of it. He opposed forwarding such resolutions to Congressmen as long as they do not receive the slightest consideration.
On motion by Mr. COMSTOCK, the resolution was laid on the table.
The joint resolution [H. R. 2] requesting Congressmen to favor a law grantning pensions to surviving soldiers and seamen of the Mexican War, was read the third time and passed by yeas, 34; nays, 0.
The bill [H. R. 23] to enable foreign Manufacturing and Mining Companies to purchase, hold, etc., real estate in this State, was read the second time and passed to the third reading.
Mr. Hefron's bill [S. 83] to make notes payable to bearer governed by the same law as ordinary promissory notes, was read a second time with a majority report, recommending indefinite postponement, and a minority report favoring passage.
Mr. HEFRON moved to substitute the minority for the majority report. This is a short bill and a matter of some importance. He did not wish to take up time now in discussing its merits, but desired the minority report be substituted, so that when the bill comes up on the third reading, if its friends are not able to show it is a proper measure, then let it die an honest and natural death.
Mr. CHAPMAN thought the request ought not to be granted. The provisions of this bill can be known at a glance. It simply proposes to wipe out what is known as commercial paper. It proposes to revolutionize the business of the country and is in on respect a revoluntionary measure. By reason of the brevity of the bill and plainness of the proposition, as has been said, it can be easily understood and it ought not to be passed to the third reading unless the Senate thinks it ought to be finally passed.
Mr. HEFRON stated as another reason why he thought the bill should not now be considered, a great number of Senators are absent to-day--some fourteen on Committees, by leave, and he would prefer a fuller Senate; but as there seems to be a disposition to antagonize this measure, he was ready to present his side of the case now. He thought upon a careful reading of the bill, Senators will find its purpose and extent relate only to notes payable in banks in this State--to only one class of paper, and a class that has been the instrument by which swindlers have been cheating honest men for years. He read a resolution adopted by the Republican State Convention in 1880--the fifth plank--for the purpose of showing the importance of this question, and to show that it attracted so much public attention that legislation was demanded thereon by a great party in this State, whic pledged itself to favor legislation of this kind. The opportunity is now afforded its representatives here to carry out that pledge. There is a natural objection to striking at any law of long standing in commercial circles, but the only class of people the bill strikes at is that class of persons who go among the farming communities selling lightning rods or patents of some kind. It cannont affect the banking interests of Indiana, because no reputable bank deals in that class of paper.
Mr. BROWN said this bill substantially proposes to repeal the sixth section of the act of March 11, 1861, concerning promissory notes , bills of exchange, etc. The bill is open to objection, and he favored the report of the majority of the the Judiciary Committee. The Legislature is not called upon to legislate with a view that the great mass of people are ignorant. The time has passed when these brag barkers and churn knockers can go around the State and swindle the farming community. The law upon this subject is settled; if a man exercises ordinary diligence page: 183[View Page 183] oand is swindled, it is held he is not legally liable for the payment of paper so obtained from him. Then there is a statute that takes care of this class of swindlers. The law as it stands to-day is sufficient to guard the people against these practices.
The minority report was concurred in--yeas, 24; nays, 12; and the bill ordered engrossed.
BILLS READ THE SECOND TIME
Mr. Viehe's bill [S. 180] to amend the Sunday law by legalizing notes executed on that day after passing into innocent hands.
Mr. Henry's [S. 103] to protect the property of Public Libraries.
Mr. Grubbs' [S. 82] in relation to change of investment of property of wards.
Mr. Lockridge's [S. 183] to provide for issuing sums to Colleges and Universities.
Mr. Bundy's [S. 97] to provide for appropriation of real estate for common school purposes.
Mr. Hostetter's [S. 84] for but one voting Precinet in towns of 3,000.
Mr. Chapman's [S. 174] limiting the time for redemption by prior incumbrance from foreclosure of mortgage sales.
Mr. Hostetter's [S. 200] to legalize acts of Notaries Public, were severally passed to the third reading; and---
Mr. Rahm's bill [S. 170] to authorize partial release of mortgages by Auditors; Mr. Poindexter's [S. 105] concerning County Libraries were indefinitely postponed.
Mr. Kramer's bill [S. 126] to amend Sections 103 and 104 of the common school law, was laid on the table.
AID TO ROADS AND BRIDGES
Mr. Wilson's bill [S. 131] to allow cities to guarantee payment of bonds issued by any Bridge or Road Company for construction, was read the third time.
Mr. MENZIES moved to amend the bill so that any railroad can obtain the right to cross any bridge constructed under the provisions of this act.
The amendment was agreed to, and the bill ordered engrossed.
REMOVAL OF THE FEMALE PRISON
On motion by Mr. VAN VORHIS, the House concurrent resolution for the appointment of a Joint Committee to report on the question of sewerage for the Female Reformatory, and selling the grounds with a view to rebuilding at some distance from Indianapolis, was taken up and adopted.
The LIEUTENANT GOVERNOR subsequently made this Committee, on the part of the Senate, to consist of Messrs. Chapman, Veihe and Lockridge.
MARRIED WOMEN'S DISABILITIES
Mr. Comstock's bill [S. 62] to remove disabilities of coverture (see pages 58, 65, and 66 of these reports) was read the second time, the question being on a pending amendment (see p. 124.)
Mr HENRY thought Section 2 should stand as in the bill.
Mr. MENZIES considered this bill more far-reaching than any one before the Senate this session, and it is beind considered with a beggarly show of empty benches. He moved to make it the special order for Tuesday, at 2 p. m., to be considered with Mr. Bell's bill [S. 134] concerning married women.
The motion was agreed to.
ABANDONED CHILDREN
Mr. Graham's bill [S. 258] to provide for the care of orphan and abandoned children (see page 135 of these reports) was read the second time, with a Committee recommendation that it lie on the table.
Mr. CHAPMAN would be glad to hear any objection to any proposition in this bill, 258. Its only purpose is to declare what shall be considered legally as abandoned children, and he could see no reason why it should not become a law. He urged reasons and cited illustrations.
Mr. SPANN also favored the bill, and gave credit to the author for taking a step in the right direction.
Then came a recess till 2 o'clock.
AFTERNOON SESSION
Mr. VAN VORHIS and Mr. COMSTOCK opposed the passage of the bill and favored concurrence in the report of the Committee.
Mr. CHAPMAN could see no objection to the bill that goes to its merits.
Mr. SPANN understood both gentlemen speaking against this bill are members of the Committee submitting the unfavorable report, and are conscious that the general features of the bill are correct on principles of justice and right.
Mr. COMSTOCK said when an attorney fails in a suit he has two remedies--he can go down to the tavern and curse the Court or take an appeal. This bill is bad in its provisions, though the framer of the bill no doubt had a good object in view. Reduced to a simple proposition, the only question contained in the third section of this bill is whether there shall be an absolute divorcement between the parent and child because of abandonment for one year. That is what he objected to. In many instances it would be an absolute outrage to carry out the provisions of this bill, which contains elements of outrage not embraced in any bill yet presented to this body.
Mr. BROWN believed this bill ought not to pass. He opposed any species of legislation that looks after the natural and domestic rights of people. He thought it dangerous by legislation to prohibit either parent from association with their offspring.
Mr. GRAHAM believed the Members of the House had not given the bill proper consideration. It provides for the care of children abandoned, which implies actual suffering for want of care. The bill does not go as far as the law on the subject of divorce does in reference to the custody of children under wich the Court can actually forbid visits from the parent to the child.
Mr. VAN VORHIS thought it unnecessary to discuss the question as to whether these children should be provided for; but the question is simply will the bill accomplish the purpose for which it is intended?
Mr. CHAPMAN insisted there would be no difficulty in eliminating any injudicious provisions in the bill. He moved to amend the report of the Committee by subsistuting a recommendation that the bill do pass.
The motion was rejected--yeas, 12; nays, 25--and then the report of the Committee was concurred in.
STATE PRISON MANAGEMENT.
The LIEUTENENT GOVERNOR announced the special order, being Mr. Chapman's bill [S. 4] for the government of the State Prisons.
On motion by Mr. COFFEY--yeas, 19; nays, 17--the enacting clause was stricken out.
Mr. MENZIES moved to reconsider the vote just taken and to lay this motion on the table.
The latter motion was agreed to by yeas, 20; nays, 18.
CORNER STONE OF THE NEW CAPITOL.
Mr. Spann's concurrent resolution for a memorial in the new Capitol building to the memory of the services of the soldiers of the State, in the late war, coming up with a Committee report, substituting new matter therefor--
Mr. SPANN offered the following as a substitute for the resolution reported by the Committee:
Resolved, By the Senate, the House concurring therein, that justice to the memory of those who gave their services and lives, and a fair and
page: 184[View Page 184]just recognition of the services of the soldiers of this State demands that in some way a memento be placed in said building. Therefore the State House Commissioners are hereby instructed to remove the present corner-stone of the new State House, and after depositing therein some suitable record or memorial, to commemmorate the part taken by the State of Indiana in the late War and the Mexican War, and a suitable record of the various regiments which went from this State in aid and defense of their country in said wars, then to re-lay the same with such appropriate ceremonies as would be fitting to the memory of these brave men.
On Motion by Mr. GRUBBS, the further consideration of this subject was postponed and made a special order for Wednesday week at 2 o'clock p. m.
BILLS READ THE SECOND TIME
Mr. Foster's bill [S. 139] to allow Supervisors $1.00 a day, was read the second time and ordered engrossed.
Mr. Wilson's bill [S. 185] unless Prosecuting or District Attorneys be informed, no proceedings before Justices shall be valid, was read the second time with a Committee report recommending that the bill be indefinitely postponed.
Mr. WILSON did not draft the bill, but introduced it at the instance of some attorneys in his District, its object being to require notice to be given the District or Prosecuting Attorney that such a suit has been instituted. He was not prepared to say he favored its entire provision, but would prefer to see it lie on the table, and moved to so amend the Committee report.
The motion was agreed to.
Mr. Van Vorhis' bill [S. 18] supplemental to the general city incorporation law, being read the second time---
Mr. VAN VORHIS explained this bill so arranges that as soon as the number of votes in any Ward becomes 800, the Ward must be divided, the terms of Councilmen are extended two years, the election to be held in the off year between the general elections. It applies to no other city in the State except Indianapolis, by reason of the limit fixed as regards population.
The bill was ordered engrossed.
Mr. Yancy's bill [S. 74] to regulate the practice of medicine--the Governor to appoint a Board of Examiners from each School of Medicine in nine Districts--was read the second time.
Mr. YANCY moved the consideration of this bill be made the special order for Monday at 2 o'clock.
The motion was agreed to.
Mr. Coffey's bill [S. 206] to amend Section 22 of the divorce law (see page 106 of these reports) was read the second time.
Mr. COFFEY did not know whether it is worth while to attack the deliberations of the Judiciary Committee, nor did he feel disposed so to do. One objection urged against the bill in Committee was it gave the Court discretionary power to devote proceeds of the judgment from the natural channel under the law of descent. If that objection be tenable, the bill might have been so amended that the Court could have no discretion in this matter. Injuries have resulted from the operation of the law as it now stands. The object of alimony is to give the divorced wife a means of support. He feared the Committee had not given the bill the attention its importance demands. He moved it e referred to the Committee on Organization of Courts.
The motion was agreed to.
Mr. Compton's bill [S. 5] to amend Section 17 and 18 of the mining act--concerning the inspection of mines--was read the second time and ordered engrossed.
And then the Senate adjourned.
