IN SENATE.
WEDNESDAY, February 2, 1881, 10 a. m.After prayer by Rev. G. H. Elgin, of the North Baptist Church, the reading of the Secretary's minutes of Monday's proceedings was dispensed with.
BILLS ON THE FINAL READING.
Mr. Garrigus' bill [S. 165]: To legalize the Greentown and Jerome Gravel Road, of Howard County, coming up in regular order, it was read the third time.
Mr. GARRIGUS explained that the bill had reference entirely to a local matter, This Gravel Road has been in existence about ten years, and has expended some $38,000. There is no litigation pending and there can be no trouble ensue from passing the bill.
It was passed by yeas, 45; nays. 0.
Mr. COFFEY's bill [S. 41] to amend Section 48 of the act to divide the State into Judicial Circuits, was read the third time.
Mr. COFFEY explained that in Bartholomew and Brown there are four terms in each County, as the law stands. In Bartholomew County each term is continued for eight weeks, and in Brown County for two weeks, Eight weeks is not required in Bartholomew to transact the business of that county. In two weeks in Brown County the business can not be transacted. This bill reduces the terms in Bartholomew County one week and increaser the terms in Brown County one week. It meets the approval of the Circuit Judge and of members of the Bar of both Bartholomew and Brown Counties.
The bill passed by yeas, 45; nays, 0.
Mr. Kahlo's bill [S. 108]: To amend Section 3 of the act touching the creating, laying out and plotting of town plots etc., approved May 20, 1862 and to legalize the acknowledgment of such plats and records of the same, was read the third time.
Mr. GRUBBS said: As the law now is plats of towns must be acknowledged before Justices of the Peace or Recorders, while this bill allows such acknowledgment to be made before any officer authorized to administer oaths. The second section legalizes all acknowledgements heretofore taken of plats before such officials.
The bill passed by yeas, 47; nays, 0.
Mr. Traylor's bill [S. 17] concerning parties to action, was read the third time.
Mr. TAYLOR stated the object of this bill to be to permit persons owning real estate, either in or out of possession, to convey the same, and gives grantees in all cases the right to bring suit and quiet title in their own names. Under a decision of the Supreme Court last November, a circuitous way has to be taken in such cases, which is not practicable, and will be avoided by the passage of this bill.
Mr. BELL, but for the decision referred to, would oppose the bill for fear it would produce lawsuits and useless litigation; but if a suit can be maintained in the name of one person for the use of another, he saw no reason why the person for whose benefit the suit is instituted should not be permitted to bring it in his own name. He hoped the bill would pass.
The bill passed by yeas, 43; nays, 2.
Mr. Van Vorhis' bill [S. 93], to establish a State Board of Health and presenting a system of registration and vital statistics, was read the third time, and failed to pass--yeas, 19: nays, 26.
Just before the final adjournment for the day, this vote was reconsidered, as was also the vote ordering the bill engrossed, and it was recommitted to the Committee on Public Health and Vital Statistics.
Mr. Henry's 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, being read the third time--
Mr. HENRY stated: The amendment proposes that the borrower may repay his loan by paying to the Association the full face of his loan, receiving a credit for all he has paid in for dues with 8 per cent. interest from the time it is paid, and a portion of the discount or premium ha has paid, which shall bear the same proportion to the entire premium paid that the unexpired time for which the loan was made bears to the entire time for which it was made, and then he goes out of the Association. The present law will break up all these Associations if allowed to stand as it is, and this bill should pass in justice to the members of these Associations.
The bill passed by yeas, 47; nays 1.
On motion by Mr. Hart, the consideration of his bill [S. 37], to amend Sections 49 and 53 of the as- page: 112[View Page 112] sessment law, heretofore made a special order for to-day, was postponed till to-morrow morning at 10:30 o'clock.
Mr. Coffey's joint resolution [S. 5], requesting Indiana Congressmen to favor the passage of some law of Congress for the pensioning of ex-soldiers who were prisoners in the late war, being read the third time--
Mr. CHAPMAN should vote against it, because he did not know what the Keifer bill is. While he is as warmly interested in those who served in the war of the Rebellion on the Union side as any man can be, he believed a great injustice to the country has been perpetrated under the cover of pension laws. He did not believe a wrong should be perpetrated against the country under the name of pension law, no matter how deserving to the gratitude of the country, or however much deserving of a pension those may be who served in the war of Rebellion on the Union side. Then, again, he believed those who represent us in Congress, and have a full opportunity to know what the provisions of the Keifer bill are, will act fairly and properly upon it when it comes before them. He should, therefore, be compelled to vote against this resolution.
Mr. COFFEY introduced this resolution by request. He was not the author. He could say with the Senator from Marion (Mr. Chapman) that he is not acquainted with the provisions of the Keifer bill. This resolution was drafted and handed in by an ex-prisoner of war, who stated that there is an organization of ex-prisoners of war, and through tha organization they were pressing the passage of the Keifer bill. Since the resolution was i troduced he had seen several ex- prisoners and he had seen several ex-soldiers, and all were in favor of the Keifer bill. He did not know whether the principle was right to pension all ex-soldiers, for many of them are stout, able-bodied men; but there are many who were confined in Southern Prisons during the war who are to-day disabled as a consequence, and under the laws, as they stand to-day, are not entitled to a pension, though many such are in indigent circumstances. If it is the design of the Keifer bill to pension such soldiers as have lost their health he would favor it. At the suggestion of several Senators, he moved that the resolution lie on the table, in order to give time for investigation into the subject.
The motion was agreed to.
Mr. Langdon's bill [S. 149] to amend Section 28 of the act of May 12, 1869, for the organization of Savings Banks, being read the third time--
Mr. LANGDON explained the bill requires that these Savings Banks shall reserve not less than one-half of 1 per cent. per annum of their deposits, and surplus fund until the sum equals 25 per cent. of the amount of the deposits so held. The present law provides a surplus of but 13 per cent,
The bill passed by yeas, 39; nays, none.
Mr. Urmston's bill [S. 58] to amend Section 74 of the Common School law of March 6, 1865, so that the principal of all school moneys shall be loaned at 6 per cent. per annum paid annually in advance, being read the third time--
Mr. URMSTON suggested that the bill was not correctly engrossed. The Committee recommended that all in the bill relating to the rate of interst the judgement should bear, stricken out.
Mr. BELL stated the purpose of the bill was to reduce loans from 8 to 6 per cent. of the school moneys; and this amendment is needed if the purpose is to keep the school moneys at interest all the time. He moved the bill be re-engrossed.
The motion was agreed to.
Mr WOODS offered the following concurrent resolution:
Whereas, The Kankakee River, in the State of Indiana, may be made a navigable stream through the counties of Lake, Newton, Porter, Jasper, Laporte, Starke and St. Joseph, a distance of eighty miles from the town of Momence, in the State of Illinois; and,
Whereas, the channel of the said river can be straightened and deepened for an expenditure of $100,000; therefore,
Resolved, By the Senate, the House concurring, that the Senators and Representatives of the State of Indiana, now in the Congress of the United States, are hereby requested to vote for an appropriation by the General Government of $100,000 to be applied in deepening, widening and straightening, wherever necessary, the Kankakee River, in the State of Indiana, and to use their best efforts to secure the passage of the same.
It was adopted.
Mr. Van Vorhis' bill [S. 162] to amend Section 3 of the act of February 20, 1867, relating to the Incorporation of voluntary Associations, was read the third time.
Mr. VAN VORHIS stated that this bill was intended to enable Literary and Scientific Associations in the various Counties of Indiana to form a State Association by means of delegates from the County bodies, there being now no law permitting such a State organization.
The bill passed by yeas, 37; nays, 0.
And then the Senate took a recess till 2 p. m.
AFTERNOON SESSION.
LICENSING OF ENGINEERS.
Mr. BENZ'S bill [S. 47] concerning the licensing of engineers of stationary engines, was read the third time. The bill provides that all but railroad employees managing engines must first obtain a license from the License Inspector in his Congressional District, which License Inspector of Engineers is to be appointed by the Governor, to serve four years. License fee, $3; each renewal, $2; the License Inspector to receive no other compensation. He shall examine at least once in two years all steam boilers in his District, for which he shall have a fee of $3.
Mr. HEFRON suggested the necessity for some such bill, in view of the great amount of machinery propelled by steam, and that the men who undertake to control this power should have the necessary qualifications. The object of the bill is to provide for the examination as to the capacity of the men who propose to manage this steam power. The public welfare demands that some measure of this kind be incorporated in a law.
Mr. CHAPMAN believed this bill ought not to become a law. It proposes to cover all steam engines, gas engines and every other engine that is stationary, without reference to the motive power. If the bill is passed, it ought to include portable steam engines also. A large per cent. of the steam engines now built are what is known as portable. Then, the power proposed to be given to this inspector is entirely too large. As there is no limit placed on his power, it might be used as an instrument of great wrong.
Mr. FOSTER did not like to oppose the Senator's bill, but there is a little engine in Fort Wayne, run by himself some time, and if this bill were passed it would work so mcuh as a hardship as to require a license to be issued to the one who might run that engine even for a day, though were it to explode it would not blow up a mosquito.
Mr. OWEN suggested a deficiency in the bill in that it makes no provision for the degree of proficiency the applications shall have. It surely should not be left so arbitrary as regards that clause.
Mr. HEFRON referred to a clause in the bill where the word "steam" is used. In addition to the judgement of the License Inspector the applicant must furnish a certificate from the competent engineers, that the applicant is qualified to run a steam engine. The bill provides that the Governor shall appoint a competent and skilled engineer. Objections made to the bill do not do away with the necssities for it. The man who runs an page: 113[View Page 113] engine propelled by gas should have the same skill and qualification as the man who runs a steam engine. Th object is to keep this power under control of skilled men, so as to prevent accident to life and property. If the engines are so weak and powerless as when they explode they will kill nobody, still they should be under control skillful management. There is a loud call enactment of some such a law.
Mr. SHAFFER had given the bill some consideration, and was not satisfied that it should become a law. It would work a great hardship on some poor and competent persons.
On motion by Mr. BROWN, the bill was recommitted to the Judiciary Committee, with instructions to amend so as to include portable engines.
THE CONSTITUTIONAL AMENDMENTS.
On motion by Mr. GRUBBS, the Constitutional restriction was dispensed with, and the bill [H. R. 16] to provide for re-submitting the Constitutional Amendments, heretofore submitted, to the people, was read the second time by title only. A report thereon from the Senate Judiciary Committee was submitted, proposing to substitute new matter for a large portion of the House bill numbered sixteen, which was also read.
Mr. BROWN preferred the substituted bill to the one from the House, not wishing to be understood as favoring either.
Mr. VIEHE moved postpone the further consideration of his bill and report and make them the special order with the bill [S. 3] provide for the calling of a Constitutional Convention, for Friday at 2 o'clock p. m.
The motion was agreed to.
ADOPTION OF HEIRS.
The bill, from the Committee on Revision [S. 176] to amend Section 5 of the act regulating the adoption of heirs, approved March 2, 1855.
Mr. HENRY explained that this bill provides an amendment so that a child can not be adopted where the father or mother do not appear without the consent in open Court of the Trustee of the Township where such child resides.
The bill passed by yeas, 49; nays, 0.
CITY AID TO BRIDGE BUILDING.
On motion by Mr. MENZIES his motion entered several days ago to reconsider the vote by which Mr Wilson's bill [S. 131] to amend Section 16 of the act approved March 2, 1885, so as to allow cities top indorse and guarantee the payment of bonds issued by any Bridge or Road Company, was taken up. He declared that there was granted to City Councils this bill extraordinary power to guarantee the bonds for one-fourth the entire cost of a bridge over the Ohio or Wabash River without the people having any choice in it, as to whether they will subscribe stock or vote aid thereto. A bridge over the Ohio is not likely to cost less than $1,000,000. Municipalities were not organized to build bridges or railroads and this bill seeks to enlarge the powers of the City Councils almost without limit. In order that this matter may be carefully considered he had entered a motion several days ago to reconsider the vote by which the bill referred to was ordered engrossed.
Mr. WILSON introduced this bill in order to benefit the people residing on the border of the State, where the rivers or streams are the dividing line. In his own city a bridge over the Ohio River would be a great advantage; but while the people do not wish to vote aid to a Bridge Company, or to subscribe stock thereto, they are willing to indorse bonds to the amount of one fourth of the cost, and this bill is to enable them to do so, inasmuch as there is now no law on our statute book authorizing such a thing to be done.
Mr. CHAPMAN, as he could understand this bill, regarded the question presented to be whether or not it is advisable to let Common Councils vote away the public money to private enterprises, on the ground that their construction is for the public good. It is no doubt for the public interest that in all cases where it is proposed to vote away the public funds, the body voting such aid should be first so instructed by the people themselves. He held that a body has no right to vote away public funds to advance private enterprises, even when so instructed by a majority vote of the people; but it is for each man to determine for himself whether he will give of his own means to aid in the construction of any enterprise or work. Taxation should be strictly confined to Government purposes.
Mr. BELL would vote for this motion with the understanding that the bill to be amended so as to require a majority vote. He believed a bridge used by railroads, and having a wagon way, would be a paying investment, and there would be little danger of liability in indorsing of the cost.
Mr. GRAHAM regarded it is reasonable to suppose a city on the opposite shore would have as much interest in the structure of a bridge as the city on this shore, and if such a city would indorse bonds to the same extent as the one on this side, there would be no difficulty in pushing the work to a speedy completion. Shall we authorize cities and Counties to subscribe to gravel and other roads to an almost unlimited amount, and then refuse to cities on the border what is asked in this bill? He opposed the motion on reconsider.
Mr. MENZIES reminded the Senators that the present law requires the consent of 60 per cent. of the people of Evansville to subscribe to such an enterprise, while this bill would repeal that law and place this vast power in the hands of a bare majority of the City Council. Forty per cent. have now an opportunity to protect themselves from one of these schemes where men are brought in by the car load to carry whenever an election is held. The community is almost invariable taken in, and not many years ago it was looked upon as the dream of a dreamer for any Legislator to get up and propose the guarantee of any such kind of paper by the people, much less by a simple majority of a City Council. The object of reconsidering is to hedge in this law, if you will have such a measure on the statute books. Let the people instruct their special agents on the Council whether or not they wish to aid in the building a bridge or other like structure.
The motion to reconsider was agreed to by yeas, 39; nays 7.
Mr. MENZIES moved to amend, by requiring a petition of majority of tax-payers before the city shall guarantee such bonds.
On motion by Mr. WILSON, the bill and pending amendment was referred to the Committee on Corporations.
NEW PROPOSITIONS.
Mr. HENERY, by leave, introduced a bill [S. 211] to provide against the consequences ensuing or likely to ensue from the destruction of the records in whole or in part of any Court of Record in this State. To provide for the reinstatement of such records as may have been or may hereafter be destroyed in whole or in part,and to quiet title to real estate, ect., which under a dispensation of the Constitutional restriction, was read the first time by title only. The emergency being the fact that the bill filled sixteen closely written foolscap pages.
By Mr. MENZIES, for the Joint Committee on the Revision of Laws [S. 212]: Concerning ferries. [Shall obtain license from the County Commissioners, etc.]
By Mr MENZIES, for the Joint Committee on the Revision [S. 213]: To provide for the incorporation of public libraries. [By any number not less then seven.]
By Mr. HENRY, for the Joint Committee on Revision [S. 216]: Concerning drainage. [Circuit page: 114[View Page 114] Court shall appoint two Commissioner on drainage, to serve three years.]
By Mr. COMSTOCK, for the Committee on Joint Revision [S. 215]; Concerning State Prisons. [Proposing a consolidation of the State Prisons. When next elected the Director shall serve, two for two years and two for four years, and thereafter for four years.]
By Mr. COMSTOCK, for the Joint Committee on Revision [S. 216]: Creating a Superior Court. [In such Counties as may be designated by law, and in Marion, Allen, Cass and Tippecanoe.]
The above described bills were read the first time and passed to the second reading. Those described below were referred to appropriate Committees.
By Mr. SHAFFER [S .217]: To amend Section 2 of the free turnpike road act of March 24, 1879. [So as to correct an omission by making the tax levy one mill on one dollar for every ten miles of free turnpike road completed in the County.
By Mr. WHITE[S.218]: To amend Section 33 of the Common School law of March 8, 1873. [So as to require County Superintendents to hold a State certificate, or recommendation of qualification from the State Board of Education at their election.]
By Mr. KAHLO [S. 219]: To protect freight and fright cars. [From breakage into railway cars.]
By Mr. WOOD [S. 220]: In relation to highways purchased by the State of Indian and legalizing the sale to Street or Horse-Car Railway Companies outside of any city or town.
By Mr. WOOLLEN [S. 221]. In relation to female witnesses. [May apply for an order to have her deposition taken at some convenient place near the Court House.]
By Mr. BUNDY [S. 222]: To exempt certain property from taxation--one-fifth of any timber land held by anyone person in this State.
By Mr. CHAPMAN [S. 228]: Concerning the right to transcribe and take from the office of Reporter of Supreme Court the decisions of the Supreme Court. [By parties to suits or here the Judges may permit.]
By Mr. COMPTON [S. 224]: To amend Section 3 of act to regulate street railways outside of cities, approved March 29, 1879. [Shall have right, on petition of a majority of land owners along the line of road, to use, as motive power to propel the rolling stock, the rear, pneumatic engines, or dummies, or noiseless engines, of any kind, in place of horse power.
Pending, the introduction of bills--
Leaves of absence were obtained for Mr Bundy (paired with Mr. Wood) and for Mr. Spann (paired with Mr. Menzies) till Friday at noon.
The joint resolution [H. R. 2], requesting Indiana Congressmen to procure the passage of a lw of congress to pension surviving Mexican soldiers who have accepted the results of the War and the Rebellion, and whose disabilities have been removed, being read the second time--
On motion by Mr. Chapman, it was amended by inserting appropriately the words "and seaman."
The joint resolution was passed to the third reading.
The Senate adjourned.
