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.
