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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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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.

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