THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 27, 1881--10 a. m.The LIEUTENANT GOVERNOR commanded attention while the service of prayers was conducted by Rev. Thomas H. Lynch, Pastor of the Third Street M.E. Church.
The Secretary's Journal of yesterday's proceedings was read until--
On motion by Mr LEEPER, the further reading thereof was dispensed with.
RECORD OF PATENTS.
Mr. Wood's bill [S.76] to permit all patents issued by the United States and by the State of Indiana, conveying real estate in said State and the record of all patents aforesaid, legal evidence in the Courts thereof, and to provide for recording all patents aforesaid for said purpose-coming up in regular order, it was read the third time.
Mr. WOODS explained that the bill allows swamp land patents to be recorded,and the General Government legalizes the recording of all heretofore recorded, and provide that the record evidence shall be received in the Courts of this State. It is of the same import as the law of 1879 in reference to canal land patents. As the law now stands, these patents can not be record because not acknowledged, as existing laws admit to record no paper unacknowledged. The Supreme Court has decided that such records are not evidence. In the northern part of the State are thousands of acres of this condition, and such a bill as this is measure greatly desired in that section by the people at large.
The question being, shall the bill pass? a constitutional provision requiring the yeas and nays to be recorded on the passage of every bill, they were ordered, and being taken, resulted yeas 44; nays 1; two-thirds of all members elected to the Senate voting therefor.
The LIEUTENANT GOVERNOR made that declaration, and announced the passage of the bill.
The LIEUTENANT GOVERNOR laid before the Senate the following communication from the Governor:
EXECUTIVE DEPARTMENT. INDIANAPOLIS, Ind. January, 26 1881.
GENTLEMEN OF THE SENATE-
I have had the honor to receive a letter dated the 25th inst. from a Committee composed of Moses Fowler, W. De Witt Wallace, Albert Henderson, John R. Colfroth, W.S. Lingle and S. Voter, appointed by and representing the citizens of Lafayette requesting me to state that the hospitalities of that city will be extended to Members of the Senate and House of Representatives and their wives during the contemplated visit of the Members of the General Assembly to Purdue University. It gives me pleasure in this manner to comply with the request of said Committee.
A. G. Porter.
REVISION OF THE LAWS.
Mr. LANGDON offered the following:
Resolved, That the Joint Committee on the vision of the Laws be and they are hereby authorized to print 300 copies of the amendments and new matter contained in the civil and criminal codes and recommended by the Committee, for the use of the General Assembly.
It was adopted.
POOL SELLING.
Mr. Spann's bill [S. 28] to prohibit pool selling and providing penalties therefor, coming up in regular order, it was read the third time and passed the Senate by yeas, 44; nays, 0.
It provides that whosoever shall keep any room or building, or portion of any room or building, or occupy any place upon public or private ground, anywhere within the State of Indiana, with apparatus books or other device for recording or registering bets, or wagers, or selling pools, and any person who shall record or register bets or wagers, or sell pools upon the result of any trial or contest of skill or speed or power of endurance of man or beast, or upon the result of any special or general election, or being the owner, lessee or occupant of any building or grounds or any part thereof who shall knowingly permit the same to be used or occupied for any of the same to be used or occupied for any of the purposes aforesaid, or shall therein keep or exhibit, or employ any device or apparatus for the purpose of registering or recording such bets or wagers, or for pool selling, or shall become the custodian or depository, for hire or reward, or any money, property, or other thing of value, staked, or wagered or pledged as aforesaid on any such results, such person or persons shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not page: #[View Page #] more than $500, nor less than $10, or imprisoned in the County Jail for not more than six months, nor less than ten days,or by both fine and imprisonment, at the discretion of the Court or Jury trying the cause.
JUSTICE OF THE PEACE.
Mr. Van Vorhis's bill [S. 27] to amend Section 1 of the act providing for the election and qualification of Justices of the Peace, and defining their jurisdiction, powers and duties in civil cases, approved June 9 1852, coming up in regular order, it was read the third time.
Mr. VAN VORHIS explained that his bill was drafted particularly with a view to this(Center) Township, in Marion County. Under existing laws seven, eight or nine Justices may be elected in this county. this bill changes Section 1 so that no Justice of the Peace shall be elected in any Township for any incorporated town of 20,000 population. it limits the number to three for all Townships, allowing one in addition for each incorporated town containing 20,000 or more inhabitants.
It passed the Senate by yeas, 37; nays, 7.
FOREIGN CORPORATIONS.
The bill [H. R. 23] to enable Manufacturing and Mining Companies of other States to purchase, hold and convey or mortgage real estate in this State, was read the first time and referred to the Committee on Corporations.
THE LIQUOR TRAFFIC.
Mr. COFFEY presented a petition, to-wit:
Recognizing the fundamental principles of our free Government to be, that all laws are for the people and of the people, do most respectfully and earnestly ask and petition your honorable body, the Senate and House of Representatives of the State of Indiana, to take such immediate action as will secure the early submission to a vote of the people, for their ratification or rejection, of an amendment to our State Constitution, providing therein that no person shall manufacture for sale, sell or keep for sale, as a beverage, any intoxicating liquor whatever within the State, and pending the voice of the people on a question of constitutional prohibition, we ask and petition your honorable body to enact an efficient law that will protect the people from the dire evils of intemperance, with such pains and penalties thereunto attached as will insure its strict observance.
Similar petitions were presented by Messrs. Huchinson, Urmston, Shaffer and Davis.
They were severally referred to the Committee on Temperance without reading.
WOMAN'S SUFFRAGE.
Messrs. YANCEY,COMSTOCK, DAVIDSON and DAVIS presented petitions, praying for a constitutional amendment extending to women the right of suffrage, which were referred to the Special Committee on Woman's Suffrage without reading.
MR. KAHLO presented a petition in relation to legislative apportionment, which was referred to the standing Committee on that subject without reading.
Quite a number of Committees returned bills of the Senate to the files thereof, with recommendations, which were placed on the calendar to be called up in the orders of the day for bills on the second reading.
PRISON DIRECTORS.
Mr. COMSTOCK offered the following:
Resolved by the Senate and the House of Representatives concurring, That the Senate and House of Representatives will, on Wednesday, the 2d day of February, 1888, meet in Join Convention of the two Houses in the Hall of the House of Representatives, at 2:30 p.m., and proceed to the election of the following officers, to-wit: One Director of the prison South, three Directors of the Prison North.
Mr. LANGDON moved to refer the resolution to the Committee on Prisons: inasmuch as that Committee is seriously considering several propositions in the shape of bills providing for a reorganization of the Prison system.
Mr. COMSTOCK opposed the reference, thinking the Committee was not so competent to act upon the resolution as the Senate. He favored a consolidation of the two Prisons under one management, and thought the proposed election of Directors would not embarrass that or any other legislation on the subject.
Mr. LANGDON thought the Senator had suggested enough to convince the Senate that this resolution should not be passed. If this proposed election takes place, in a few days or weeks the Senator himself says he is willing to declare the offices vacant. It seems like a stulification, unless gentlemen are in favor of continuing the old system. There no practical business sense in adopting this resolution at this time. There has been a little rascality all along under the present Prison system, and it ought to be reconstructed.
Mr. SPANN insisted the question of consolidation of the prisons was not connected with the matter before the Senate. As a matter of justice to gentlemen who have come here and made a canvass for these positions, and succeeded in obtaining the nominations, he favored the resolution.
The motion to refer was agreed to.
MUSTER ROLLS.
Mr. SMITH offered the following:
Whereas, the muster rolls of eleven Indiana Regiments of the war of 1861 are now kept in the Adjutant General's office on sheet paper in a torn and disordered condition, and are liable to be totally destroyed; therefore
Be it resolved by the Senate, the House of Representatives concurring therein, That the Adjutant General is hereby authorized to purchase the necessary book or books in which to make a registration of said rolls, and shall have said record made as soon as possible.
On motion by Mr. BROWN, it was referred to the Committee on Military Affairs.
On motion by Mr. SPANN, Mr. Bundy's bill [S. 50] to legalize the incorporation of the town of New Castle, in Henry County, was read the second time.
On motion by Mr. BUNDY, the Constitutional restriction was suspended, by yeas, 39; nays, 2, and his bill [S. 50] was considered as engrossed, read the third time, and passed by the Senate by yeas, 39; nays, 4.
On motion, it was ordered that when the Senate adjourns it adjourn till to-morrow at 10 o'clock.
On motion by Mr. COFFEY, his bill [S. 41] changing the time of holding Courts in Bartholomew and Brown Counties, was read the second time, the Committee report concurred in, and ordered engrossed for the third reading.
On motion by Mr. GARRIGUS, his bill [S. 165] to legalize the Kokomo, Greentown and Jerome Gravel Road Company, was read the second time, the Committee report concurred in, and ordered engrossed for the third reading.
On motion by Mr. HENRY his bill [S. 151] to amend Section 7 of the act providing for the incorporation of Building and Loan Associations so that the loan may be repaid at any time, was read the second time, the report of the Committee concurred in and the bill ordered engrossed for the third reading.
On motion by Mr. HART, his bill [S. 37].to amend Sections 49 and 53 of the property amendment act of December 21, 1872, was made the special order for to-morrow at 10 o'clock.
On motion of Mr. SPANN, Mr. WILSON'S bill[S. 131] to amend Section 16 of an act providing for the incorporation of Companies for the purpose of constructing bridges for railway or common roadway purposes, or both, over rivers and page: 90[View Page 90] streams forming the boundaries of the State or a part thereof, approved March 2, 1875, so as to enable cities to indorse and guarantee the bonds of such Bridge Companies, etc., was read the second time, the Committee report concurred in and ordered engrossed.
On motion by Mr. KAHLO, his bill [S. 108] to amend Section 3 of an act touching the laying out and vacating towns, streets, alleys, public squares and grounds, or any part thereof, the making out and recording of plots, etc., approved May 20, 1852, and to legalize the acknowledgement of plots of cities and town plots, and of additions thereto and the records of the same, was read the second time, and the report of the Committee thereon concurred in.
Mr.GRUBBS explained that the present law requires plots to be acknowledged before Justices of the Peace or Recorders, while this bill proposes simply to change so that these plots can be acknowledged before any officer authorized to take acknowledgement of deeds; and in addition it proposes to legalize the record of certain tracts or plots acknowledged before notaries public.
The bill was ordered engrossed.
Mr. MENZIES moved to reconsider the road by which Mr. Wilson's bridge bond city guarantee bill [S. 131] was ordered to be engrossed for the third reading. He thought the Senate was going at too much of a break-neck speed with important legislation. This bill may grant extraordinary powers to cities, and its provisions should be carefully scrutinized before it is put beyond the reach of amendment by ordering its engrossment.
Messrs. Spann and Garrigus demanded the yeas and nays on this motion, which, being ordered and taken, resulted--yeas, 27; nays, 4.
No quorum voting--
On motion, the Senate adjourned till to-morrow at 10 o'clock, under an order adopted heretofore.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 27, 1881--9 a. m.The House was called to order at the usual hour and prayer was offered by Rev. T. M. Hamilton, a Member of this body from Boone County, after which--
The reading of the journal was commenced, when--
On motion by Mr. FULLER, the further reading was dispensed with.
Call was then made by Counties for the report of Committees.
Mr. CARTER, from the Committee on Elections, returned the bill -[H. R. 45] concerning Trustees, recommending its indefinite postponement, which was concurred in.
Mr. BARTLETT from the Committee on Elections, returned the bill [H. R. 84] to promote purity in elections, recommending indefinite postponement, which was concurred in.
Mr.---, from the Committee on the Judiciary, returned the bill [H. R. 59] for sale of certain land in Porter County, with amendments, which were concurred in, and the bill ordered engrossed for the third reading.
BENTON COUNTY CLAIMS.
The Committee on Claims returned the bill [H. R. 81], providing for the payment of $973.70 to parties in Benton County, for expenses incurred In the prosecution of a murder trial.
Mr. NEFF said the bill provided for extraordinary expenses incurred in the prosecution of some murder trial in Benton County. If we vote a precedent of that kind, half the Counties in the State will bring claims of a similar character, and our special appropriation bill will be loaded down with thousands of dollars. It seems, without further information as to the peculiar circumstances under which this matter has been brought before the House, it is a little dangerous to approve of this report without any further evidence. It is simply appropriating 900 and so many dollars out of State Treasury to go to Benton County for doing what was perhaps the duty of the County officers. There is nothing said about how much went to the Sheriff, whose duty it was to comply with the law without extra charge. I tell you, this matter ought not to be so summarily disposed of. He thought the House was not sufficiently informed to adopt the report.
Mr. CAUTHORNE--In answer to my friend (Mr. Neff), I would direct his attention to a statement published in pamphlet form in regard to that affair. The man who was murdered was not a citizen of Benton County, and expenses were incurred in prosecuting a man who, while traveling through the County, committed the crime. They prosecuted and convicted him, and he is now in the Penitentiary, and, inasmuch as he was not a citizen of it and they have been compelled to prosecute and convict him, they ought to be reimbursed by the State. That is the ground upon which they bring the charge against the State. It presents no claim at all against the State either in law or equity. There is no County in the State but what is compelled to prosecute just such cases as this. There has not been a murder committed in our own town (Vincennes) by our own citizens, but generally by persons traveling through from St. Louis or Cincinnati. We have the same claim against the State that Benton county has to be reimbursed. There is one allowance in this matter of $500 to the attorney. This claim has been time and time again. I do not know if the Commissioners of the County are asking for this appropriation or not, but I do know that heretofore in the history of the State there has been lobbying about this House, and I have heard of such men being here now, and I think it is time for the members of this House to stand on their rights and protect the people and tell those men to go home, and not open the Treasury for their benefit. It would be laying down a precedent that would be dangerous. It has been said that the last Legislature asked the advice of the Governor or some other officer of the Administrative Department. It was a bad precedent that the Legislature of 1879 laid down.
This session we have been trying to fish out the idea from the Supreme Court and Attorney General as to what we should do here. There are three departments of this Government, the Executive, the Legislative and the Judicial. We ought to stand by our rights and investigate these things for ourselves, and not fish for opinions from other people. I think, gentlemen, it is opening a broad door for men to get into the Treasury and get money; therefore I do not think the report ought to be concurred in.
Mr. KENNER thought it wrong to discuss the merits of the case on the report of the Committee, as this was a matter that ought to have a fuller investigation.
The report was rejected.
LIABILITY OF EMPLOYERS.
Mr. COOPER, from the Committee on Rights and Privileges reported that they had under consideration the bill [H. R. 29] fixing the liability of employers for injuries to employees, and recommend its indefinite postponement.
Mr. CARTER thought it a very important bill, and moved that it be referred to the Judiciary Committee for their consideration.
Mr. COOPER said the bill had been before their Committee at two meetings, and they considered the bill one that should not pass. It is peculiar in its provisions. It is a bill which, If it should become a law, would be unfair to the employer and unfair to the employe. There is a provision in the bill which implies that a party who employs an agent shall be liable for the negligence of the agent, without any knowledge on his part. page: 91[View Page 91] Such legislation would be injurious to the manufacturer, and I trust that the bill will not be again referred.
Mr. SWEITZER said he was in business himself, and though if such a law passed it would squelch the manufacturing interests of the State, for the reason that when an employe receives an injury in any way, the penalty provided in this law is so heavy as to bankrupt the manufacturer. He hoped the bill would never pass.
Mr. MOODY concurred in the report as read. In case a servant is injured by reason of negligence of the employer, the responsibility is limited. The employer is liable to this extent: To three times the amount of wages paid to the employee. He was satisfied there are bad features in the bill but would favor its reference to the Judiciary Committee.
Mr. CARTER did not desire to injure the manufacturing interests of the State, but, on the contrary, would do what he could to encourage that interest. There is a simple act of justice in this bill.
Mr. COLE hoped the bill would not be summarily disposed of,as he believed the bill has many good points that ought to be considered. It seems an act of simple justice to require an employer to be responsible for injuries to his employes.
Mr. DAVIS thought it would be well to have this bill recommitted, though not in favor of the bill or any of its provisions.
Mr. NEFF had as much regard for the manufacturing interests as anybody, and would be the last man to throw obstructions in its way: but after having heard remarks thereon, believed there are some good features in the bill. There ought to be some remedy in certain cases, whether this bill is looking in that direction or not. He opposed indefinite postponement.
On motion by Mr. CAUTHORNE, the bill was referred to the Judiciary Committee.
ILLUMINATING OILS.
Mr. COOPER, from a majority of the Committee on Rights and Privileges, returned the bill [H. R. 90] to repeal an act for the inspection of petroleum and illuminating oils, recommending that the bill be indefinitely postponed.
Mr. TAYLOR, of Lagrange, from the same Committee, submitted a minority recommending that the bill do pass.
Mr. COOPER favored an amendment rather than the repeal of this law. There should be laws regulating the purity of many things.
Mr. KENNER never heard any complaint of this law. If there is any thing that can be done to relieve the people, we ought to do so. He favored the majority report.
The minority report was rejected by yeas, 32; nays, 63.
The majority report was concurred in.
SURVEY OF INDIANA.
Mr. O'NEAL, from the Committee on Statistics, returned the communication from the Governor, transmitting a letter from Mr. Campbell with reference to the survey of Indiana by the United States Corps, with a recommendation that the survey be speedily prosecuted with reference to the feasibility of the drainage of swamp lands in the Northern part of the State.
On motion by Mr. CAUTHORNE, the report was concurred in.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally passed to the second reading:
By Mr. ROBINSON [H. R. 211]: To enable County Commissioners to contract for the publication, printing and advertising, including the delinquent list, and providing when the publication of the same in the newspapers may be dispensed with. [County Boards must give public notice at least three weeks previous that they will receive bids for the publication of all notices and advertisements.]
By Mr. MOODY [H. R. 212] To amend Section 343 of an act to revise, simplify and abridge the rules practiced and pleadings, etc.--the general practice act, approved June 18 1852.
By Mr. MOODY [H. R. 213]: To provide for the filing of short- hand notes of testimony, for their preservation, and for a new trial in case of their loss. [The reporter shall file his notes in the County Clerk's office,and obtain an order of the Court in order to get them for transcription.]
By Mr. RYAN [H. R. 214]: To amend an act to provide for the election of a Reporter of the Supreme Court. [The Judge ,at the time of making decision, shall prepare a syllabus of proceedings. The compensation of such Reporter shall be $2,000 per year.]
By Mr. RYAN [H. R. 215]: A bill for the relief of gravel and macadamized roads and the directory of said Companies, and the collection of assessments that have been made on the land, pursuant to an act of 1869, authorizing the assessment for such purposes, and prescribing the manner of collection of the same.
By Mr. THOMPSON [H.R. 216]: To amend Section 3 of an act providing for more speedy trial of causes and facilitate the transaction of business of Courts, and provide for Court Judges to try causes and fixing their compensation in cases therein named, providing adjournment, term of Courts, and enlargement of jurisdiction in certain specified cases approved March 7,1877. [If a Judge fail to attend, or is kept from presiding, the County officials shall meet in the Court House and elect some competent attorney to act as Judge.]
By Mr. MARSHALL [H. R. 217]: An act to legalize the acts of Notaries Public and Justices of the Peace. [All acts administered by a Justice of the Peace, such as acknowledgement of deed, mortgages, etc., after the expiration of the Justice's commission, are declared legalized and effectual to all intents and purposes.
By Mr. MARSHALL [H. R. 218]: To amend Section 2 of an act amending an act to discourage the keeping of useless and sheep-killing dogs. Approved June 15, 1852, and March 2, 1865.
By Mr. KERR [H. R. 219]: An act concerning husband and wife. [No real or personal property of a married woman shall be liable for the debts of her husband ; a married woman can not enter into partnership in business without the written consent of her husband thereto].
By Mr. MARSHALL [H. R. 220]: Concerning liens of mechanical laborers and material men.
Mr. ROBINSON, of Ripley, offered the following resolution, which was adopted:
That the Attorney General of the State of Indiana be invited and requested to meet with the Committee on Claims at the meeting of the Committee to investigate the validity of the swamp land claims of the parties from Tipton County.
By Mr. MASON [H. R. 221]: For the relief of Francis Wade, Richard Smyth, James Kell, William F. Kendle and Samuel D. McCormick, bondsmen of a late Township Trustee.
Mr. MASON offered a resolution, which was adopted, that a Special Committee of Three be appointed to inquire into the charges made against the Asylum for the Deaf and Dumb, with power to send for persons and papers to investigate these charges and report to the House at an early day.
The SPEAKER made the Committee to consist of Messrs. Mason, Gilman and Hargrove.
By Mr. LINDLAY [H. R. 222]: Providing for the appraisement and sale of lands forfeited to the State.
By Mr. LINDLAY [H. R. 223]: Defining the duties of County Auditors as pertaining to school lands.
By Mr. LINDSAY, of Howard, [H. R. 224]: Providing for the collection of judgment for fees, page: 92[View Page 92] forfeitures, recognizances, and prescribing the duties of Clerks, Sheriffs and Constables in relation thereto.
The SPEAKER, laid before the house a message from the Governor transmitting a copy of the proceedings of a meeting of the citizens of Marion County, held at Indianapolis on November 22, regarding the death of Governor Williams.
On motion by Mr. CARTER, it was made a part of the special order set for to-morrow at 2 o'clock p. m.
Then the House adjourned until to-morrow morning at 9 o'clock.
