THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE
MONDAY, March 7, 1881--10:30 a. m.The LIEUTENANT GOVERNOR took the Chair, and, after the reading of the Secretary's minutes of Saturday's proceedings was dispensed with, announced the order of business to be the a consideration of the bill [H. R. 204] concerning taxation, it being pending at the time of the adjournment. The reading of the bill by sections was pursued until-
Mr. CHAPMAM moved to strike out clause 4, of Section 8, because fully covered by clause 2, and for the purpose of reducing the bulk of this long bill--
Mr. VIEHE moved to strike out the words "when belonging to any city or town" in said a sub-division.
Mr. Chapman accepted this amendment, and by consent of Mr. V., he so changed his motion.
This amendment was agreed to.
On motion by Mr. BUNDY, the vote adopting the amendment was reconsidered.
On motion by Mr. CHAPMAN, the fourth sub-division was stricken out--he withdrawing his amendment suggested by Mr. Viehe.
On motion by Mr. VIEHE, the words "'campus or" were struck out of the exemptions named in the sixth sub-division where these words refer to a tract of land on which an educational building is situate.
Mr. CHAPMAN moved to make the language in the seventh sub-division of Section 8 more clear, namely, by substituting the word 'devoted" for the word "used" for religious worship. etc.
Mr. VIEHE moved a substitute by inserting after the word "acres" the words "when used by a Church or Religious Society, or in trust for its use."
The substute was agreed to and adopted as part of the section.
Mr. LOCKRIDGE offered the following as a substitute for Section 10:
"In all cases where buildings or personal property shall be destroyed, in whole or in part, by unavoidable casualty, after being assessed for the year, and such loss is not covered by insurance, the County Auditor shall, upon sworn proof of such loss, allow a rebate of such proportion of the taxes for that year as that part of the year which shall have passed before such destruction bears to the whole year."
He said the object of the substitute is: Under the section as in the bill if a man's property is destroyed, say three months after an assessment is made, no tax can be collected at all, and there is no fairness in that. If a man has the use of his property three or six months after its assessment, he could pay a tax on it for that length of time. Under the section as it stands now, the whole of that is rebated.
Mr. CHAPMAN favored the substitute, because it eliminates useless words and because it is an equitable proposition. He suggested that the Senator from Morgan (Mr. Grubbs) accept the substitute.
Mr. TRAYLOR submitted the will the substitute leave tenants? He opposed its adoption.
The substitute was adopted as part of the section.
On motion by Mr. CHAPMAN, a substitute was adopted for Section 12, covering the same idea, but in different phraseology.
Mr. CHAPMAN saw no reason for the incorporation of the words "merchants or manufacturer shall state," in Section 15, or other words he named in same section, which he moved to strike out.
The motion was agreed to.
Mr. CHAPMAN thought Sections 16 and 17 could be embraced in one containing a less number of words. He submitted a substitute for these two sections.
Mr. MENZIES could not agree with the Senator this time, inasmuch as the sections refer to distinct subjects.
The substitute for Sections 16 and 17 was agreed to.
Mr. BELL offered a substitute for Section 18, changing in nowise the sense, purport or intent of the section, but making it more clear by substituting different phraseology.
It was adopted.
Mr. VIEHE submitted an amendment to Sec- page: 277[View Page 277] tion 20, not changing the sense of the section but as a matter of accuracy.
Mr. WILSON preferred the wording of the section, because the amendment would change the name in which property of the deceased would be listed.
The amendment was withdrawn by the author.
Mr. BELL moved to amend Section 21 by changing the phraseeology to accomplish the same purpose.
The amendment was agreed to.
[On motion by Mr. VAN VORHIS, the Governor was requested to return to the Senate the bill [S. 18] having reference to teh Wards and Precincts in the city of Indianapolis, for the purpose of correcting a clerical error.]
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. VIEHE offered an amendment to consolidate Section 24 and 27 on the same subject, which are now inconsistent.
On motion by Mr. SPANN, the word "County" in Section 30 was stricken out.
The section as amended was adopted.
Mr. BELL--While we are proceeding upon the principle that tangible property should be taxed in the Township, city or town where the owner resides, this vote would seem to be in conflict with that procedure. He entered a motion to reconsider the vote just taken.
Mr. CHAPMAN saw a sort of hodge-podge arrangement in coupling saloons and eating houses with bankers, stock jobbers and Insurance Companies, as Section 30 now stands.
Mr. MENZIES said Section 51 was aimed at book peddlers who come in and set up a book store for two or three or mor months, and then go off without paying license.
Mr. BROWN favored the peddler as being the only way the merchants of the country districts can be regulated. He moved to strike out the whole section.
Mr. LANGDON doubted not but the section was drawn to protect local merchants. He favored the motion to strike out.
Mr. HEFRON believed the purpose of this section was a correct and just one. It is aimed at itinerant peddlers of merchandise, who locate for a few months at a time in order to sell their cheap goods. The license imposed on them in towns and cities is a small tax. This class should bear their proportionate share of taxes.
Mr. BELL desired to see either this section be stricken out or entirely remodeled, as by its wording a man's property might be taxed half a dozen times in a year were he to move into different Counties so often. The principle is wrong. Cities and towns tax all these peripatetic individuals, and if they can come in and undersell merchants, let them do so and pay just such tax as other persons.
Pending the consideration of this see 51.
CLOSING COURTESIES.
Mr. BELL from the Committee thereon, reported verbally that His Excellency, the Governor, had no further communications to make to this session of the General Assembly.
A message from the House of Representatives announced that that body had no further communications to make to the Senate this session.
Mr. BROWN (Mr. Comstock in the Chair) offered the following:
Resolved, That the Senate of the State of Indiana hereby tender its thanks to Hon. Thomas Hanna, Lieutenant Governor, for the fairness and impartiality with which he has discharged the duties of his office during the present session of the General Assembly.
The resolution was adopted.
PAVING IN FRONT OF STATE PROPERTY.
Mr. MARVIN offered the following:
Whereas, There is an ordinance pending in the Common Council of the City of Indianapolis for the improvement of Meridan street in said city with wooden blocks; and
Whereas, The State is largely interested in the improvement of said street; and
Whereas, Petitions and remonstrances are being circulated among the owners of property on said street for and against sai proposed improvements; therefore
Resolved, By the Senate, the House concurring, that the General Assembly of the State is opposed to the improvement of said street, with any kind of wooden blocks.
Mr. MARVIN remembered several years ago the State was called upon to pay her share of paving that street. Good, clean, gravel or paving stone is much better than wooden blocks, which it is now proposed to pave that street with, and it would cost the State some $2,000 less. He desired immediate action, because this motion comes before the Common Council of the City of Indianapolis to-night.
Mr. CHAPMAN said it was sufficient to say the city can not compel the State to pay for this paving if she does not want to. He asked that the State take no part in this controversy.
Mr. VAN VORHIS was compelled to differ with his colleague again. There were petitions and remonstrances being circulated for and against the the proposed improvement of Meridan street with wooden blocks, and there is a good deal of feeling on this matter. The State is interested to the extent of 1,000 or 1,200 feet, and it is proper the General Assembly should express itself squarely one way or the other on this question. It is a question of considerable expense--probably not less than $2,500 or $4,000 on the part of the State.
Mr. SPANN opposed the resolution. It would be a mere matter of generosity on the part of the State to pay after the work is done. This General Assembly has no right in advance to determine what kind of improvement shall be made on the streets of Indianapolis by the Common Council.
On motion by Mr. BROWN, the resolution was referred to the special session.
PAY OF THE PAGES.
Mr. WOOD offered a resolution to increase the pay of Pages from $2 to $2.50 a day. He spoke in favor of is additional pay for the little boys.
Pending the consideration of this resolution--
REINSTATEMENT OF BURNT RECORDS.
On motion by Mr. COMSTOCK, the Governor was requested to return the bill [S. 211] to provide for the reinstatement of burnt records, as its provisions are now discovered to be broader than the Senate supposed at the time the bill was passed. On motion by Mr. BROWN, the vote by which the bill passed was reconsidered.
ADJOURNMENT SINE DIE.
Mr. LANGDON moved that the Senate adjourn sine die.
The motion was agreed to.
The LIEUTENANT GOVERNOR said: The Chair desires, before announcing that the Senate has adjourned sin die, to return his thanks to Senators for the kindness and courtesy that has been extended to him, and for the assistance each one of you has rendered the Chair in the discharge of his duties during the session. Trusting that nothing will occur in the future to mar the pleasant memories we have gathered here, I announce the Senate has adjourned sine die. [Applause.]
And so the Senate of the regular session of the Fifty-first General Assembly adjourned sine die.
HOUSE OF REPRESENTATIVES.
MONDAY, March 7, 1881--2 p. m.The session was opened with prayer by Rev. S. K. Hoshour, of the Christian Church of this city.
page: 278[View Page 278]The reading of the Clerk's journal of Saturday's proceeding was dispensed with.
CLOSING COURTESIES.
Mr. CAUTHORNE moved that a Joint Committee be appointed to wait on the Gov rnor to ascertain if he has any further communication to make to this session of the General Assembly. The motion was agreed to, and Messrs. Cauthorne and Vawter were appointed as such Committee on the part of the House.
Mr. CAUTHORNE offered a resolution that thanks are hereby tendered to Hon. Cyrus Nixon, principle Clerk, for the able and efficient manner he has discharged the duties of his position; also to Mr. Riley, Assistant Clerk; William Taylor, the Reading Clerk; Mr. Evans, the Door Keeper, and the several assistants, for the courteous manner that they discharged their duties.
The resolution was adopted.
A resolution was offered that the thanks of the House be tendered to the State Librarian, Mrs. Maggie Peelle, for the manner in which she has fitted the Hall, for her responsibility and courtesies to the members, officers and employees of the House.
The resolution was adopted.
THANKS TO THE SPEAKER.
Mr.CAUTHORNE (Mr. Thompson in the Chair) offered a resolution that the thanks of this House be tendered to Hon. William Ridpath for the dignified, marked and able manner he has discharged his duties as Speaker of this House durng the regular session.
On motion by Mr. WALKER, the resolution resolution was adopted.
ELEVENTH JUDICIAL CIRCUIT.
On motion by Mr. WALKER, Senator Traylor'se bill [S. 311] defining the Eleventh Judicial Circuit of the State of Indiana an defining the judicial years in said Circuit, and fixing the time of holding of Courts therein, was read the second time, and the bill laid on the table.
The Special Committee appointed to investigate the Insane Hospital reported that they had organized by electing Representative Berryman as Chairman. Not having time to complete the work, they recommend the Committee be continued through the special session.
Mr. NEFF moved to lay the report on the table.
Mr. BERRYMAN said in explanation at the recommendation of the Committee, that they could not attend to the requirements fully and be in attendance at the House during this term, therefore it would be necessary to continue the Committee during the extra session.
The motion to lay on the table was rejected.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees:
By Mr. CARTER [H. R. 446]: Concerning claims and promises [all claims and promises to pay runing over ten years shall be void.]
By Mr. CARTER [H. R. 447]: Concerning leases. [All leases running for a term of one year shall be in writing,]
THANKS TO A DOORKEEPER.
Mr. EDWINS offered a resolution that the thanks of the House be tendered James Woods, as Doorkeeper of the House, for his uniform kindness to members, friends and visitors during the General Assembly.
It was adopted.
REPORT FROM THE CLERK.
The principal Clerk (Mr. Nixon) reported to the House that upon the order of both Houses 7,000 copies of Governor Porter's message and Governor Gray's inaugural address were ordered printed; that the State Printer brought the copies here and placed them in the cloak room without notifying him (Nixon) of the fact, and a great many copies were carried away before he knew they were printed. The Clerk did not think the whole 7,000 copies, were printed, and under the circumstances he was not willing to give a receipt to the State Printer without instruction from the House. He recommended that the requisition be signed after affidavit is made to the effect that the required number of copies were printed.
Mr. NEFF moved that the Chief Clerk of the House be instructed to certify to the accounts of the State Printer for printing the Governor's message and Governor Gray's inaugural, whenever he may be satisfied by affidavit that the requisite number ordered by the House has been furnished.
The motion was agreed to.
CLOSING COURTESIES.
A communication was received from the Senate announcing the passage of a resolution for the appointment of two Senators and three Representatives as a Joint Committee to wait on the Governor for information as to whether His Excellency has any further communication to make to this session of the General Assembly.
Mr. NEFF moved to concur in the Senate resolution, and that the Senate be informed of the appointment of said Committee on the part of the House.
This motion was agreed to.
Mr. CAUTHORNE, from the Special Committee appointed to visit the Governor, reported that His Excellency had no more information to impart to this House during the regular session.
PAY OF EMPLOYES.
Mr. GARDNER offered a resolution that the extra employes of this House--Messrs. Armstrong, Reese, Snyder, Mitchell and Greenman--be allowed the sum of $5 per day for their services during this present session.
Mr. CARTER--This matter was referred to a Committee of this House early in the session, men in whose judgment we have the utmost confidence, and they reported that these extra employes should be allowed the sum of $3.50 per day. That report, as I understand it, was adopted by this House. These gentlemen who rendered the service do not expect to receive anything more, being perfectly contented with that amount. I think it is not the thing for us to do on the last day to pass a resolution increasing their pay $1.50 per day. It would make a very bad record to do anything of the kind now. I shall not vote for the resolution.
Mr. GARDNER said during the last session, at the close, the allowance was raised to $5. These men are poor, come here to work, and save nothing, and the most of them are crippled soldiers. He thought a small amount like that would be a mere pittance for the State and be a very important item for their support.
The resolution was rejected on a division--ayes, 23; nays, 35.
Mr. FANCHER offered a resolution that the principal and assistant Clerks be allowed $300 each for superintending the printing of the journal, reading proof, indexing, etc. He said such allowances have been made for about twnety years past for doing this work after adjournment of the Legislature. He considered it proper and right and wanted the resolution to pass.
Mr. CARTER thought the resolution a little premature, as there would be plenty of time to make such an appropriation at the end of the extra session.
Mr. THOMPSON moved to lay the resolution on the table.
The motion was agreed to.
Mr. CAUTHORNE moved that the House now adjourn sine die.
The motion was agreed to, and thereupon--
The SPEAKER declared the House adjourned sine die.
