IN SENATE.
SATURDAY, Feb. 5, 1881--10 a. m.The LIEUTENANT GOVERNOR commanded attention while Rev. L N. Clark, of the South Baptist Church, offered prayers.
SHALL UNIVERSITY PARK BE SOLD?
After reception of a few petitions and a large number of Committee reports--
Mr. BELL offered the following:
Resolved, by the Senate, the House concurring. That a Committee consisting of two on the part of the Senate and three on the part of the House be appointed to inquire into and report upon the propriety and advisability of selling, or offering for sale, at the present time, or within a short period hereafter, the unoccupied, unimproved and unproductive real estate owned by the State of Indiana and situated in the city of Indianapolis, known as University Park, together with the probable value of the same, and, that such Committee be directed to report by bill or otherwise.
Mr. VAN VORHIS would prefer to see the resolution referred to a Committee.
Mr. BELL expected Indianapolis would be heard from at once; but I would say to the Honorable Senator that the resolution is not directory--it is simply one of inquiry.
It was adopted.
The LIEUTENANT GOVERNOR makes the Committee on the part of the Senate to consist of Messrs. Bell and Bundy.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and referred to appropriate Committees:
By Mr. HENRY, for the Committee on Revision of Laws [S. 141]: Fixing the compensation of the Speaker of the House of Representatives [at the rate of $10 per day.]
By Mr. COMSTOCK [S. 242]: To amend Section 21 of the act of March 13, 1869, to provide for the organization of a Female Prison, approved May 13, 1869, [requiring the Courts to send girls under sixteen years of age to the Reformary Institution instead of sending them to the County Jail.]
By Mr. LANGDON, by request [S. 243]: To amend Section 6 of an act amendatory of the act dividing the State into Judicial Circuits, approved March 6, 1863, concerning the Thirty-ninth Circuit.
By Mr. LEEPER [S. 244]: Concerning election tickets and ballots, and to preserve the secresy of the ballot [It provides that election tickets shall be of paper uniform in size, color, weight, texture and appearance, such paper to be furnished by the Secretary of State to persons applying therefor, upon the payment of the cost and 10 per cent. profit, and after the making and filing with such officer an affidavit that such paper is to be used for tickets at the election next to ensue. Proceeds to be be paid into the State Treasury. All tickets to written or printed on paper thus furnished, or on paper in every respect like such paper. Tickets to be folded in a certain manner, so as not to be distinguised from other legal ballots. No ballot to have any mark on back, or to be folded or unfolded, or exhibited in any manner by the person intending to vote the same, or given or delivered to or received by any person except the Inspector, or a Judge acting as Inspector, on the day of election, within 100 feet of the polling-place. Election Boards are empowered to refuse ballots not in the form and appearance prescribed, and also to reject ballots designed to violate the provisions of this act, the reasons for such rejection to be indorsed on the ballot, and the indorsement signed by a majority of the Board.]
By Mr. MENZIES [S. 245]: For the Committee on Revision to enlarge the powers of incorporated cities. [To grant rights to lay down pipes for the supply of steam, gas or water for heating or motive power, in streets, lanes, alleys and public grounds.]
By Mr. VAN VORHIS [S. 246]: To authorize the Common Council and Board of Aldermen, in all cities of this State having a population of 60,000 or more inhabitants, to divide such cities in sewer Districts, and provide for the payment of the cost of constructing sewers and drains in such Districts by levying a special tax upon real estate situate in each of said Districts.
By Mr. VOYLES [S. 247]: To amend Section 1 of the act supplemental to the voluntary association act of February 26, 1875. [So that, instead of making it mandatory upon the Board of Commissioners of the Counties to allow to Orphan Asylums, on account of each orphan per day, twenty page: 135[View Page 135] five cents, that they may allow any sum not in excess of twenty cents per capita for each day.]
By Mr. YANCEY [S. 248]: To provide for a Board of Inspectors for the Benevolent Institutions State Prisons, [(of thirty), representing the two leading political parties--one-third women--to be appointed by the Governor; one-half to serve two and one-half three years, without compensation, except necessary expenses.]
By Mr. BELL [S. 249]: For the incorporation of Telephone Exchange Companies. [Among other things it provides that Telephone Companies may lease or attach other telephone lines, and Railroad Companies may become stockholders. Companies shall not be liable for errors in messages unless there has been a special contract, nor are they to be liable for damages sustained by the failure of instruments to work, beyond a pro rata rebate of the rent charged, for the instrument may have been out of order.]
By Mr. BISCHOWSKY [S. 250]: Concerning the organization and perpetuity of voluntary Associations. [Voluntry Associations for the care of orphans and homeless children are required to file with the County Auditor the number of their inmates, and the County Commissioners shall allow the officers not less than twenty-five nor more than thirty cents a day for the care of such children. The law is not to apply to religious institutions; and no distinction is to be made on account of color or political or religious connections. It will be the duty of the officers to take charge of all children under sixteen sent to them.]
Mr. BRISCOE, by request of the Committee on Military Affairs, [S. 251]: To regulate the preaching of the Gospel in the State of Indiana. [It is a travesty on the measures to regulate medicine. Ministers shall present their diplomas to the Circuit Court Clerks, who shall issue them licenses. The Court shall decide the questions affecting the moral characters of clergymen. For the first violation of the law clergymen may be fined not less than $10 nor more than $100.]
By Mr. BUNDY [S. 252]: To amend Section 8 of the Grave Road act of February 28, 1855. [Exempts certain persons from paying toll-soldiers in actual service, persons going to and from funerals,and ministers. The law at present only applies to plank roads. The amendment includes all macadamized and gravel roads in the State.]
By Mr. CHAPMAN [S. 253]: In relation to the official bond of County Treasurers. [Shall have thereon four freehold securities; penalty, one- third of the aggregate sum on the face of tax duplicate.]
By Mr. COMPTON [S. 254]: Requiring judgment plaintiffs or their assignees upon payments of judgements to enter satisfaction on the several judgement dockets, including docket where transcripts have been filed.
By Mr. LANGDON [S. 255]: Making appropriations to Purdue University, $20,000 annually.
By Mr. KRAMER [S. 256] Amending Section 6 of the act of May 20, 1852, concerning landlords tenants. [Giving landlords a lien for damages and rents on property of tenants.]
By Mr. GARRIGUS [S. 257]: To amend Section 79 of the Common School act of March 6, 1865. [The bill only changes the present law by requiring the School Trustees of Townships, towns and cities to report their receipts and expenditures and settle with the County Commissioners on the second Monday of April annually, instead of reporting in October, as now. The reasons are, that the terms of Trustees end in April now, and each should report his proceedings for his own term, and not leave it over for his successor to close up.]
By MR. GRAHAM [S 258]: To provide for the care of orphan and abandoned children. In a child is abandoned by either parent, it may be sent to an asylums and an agreement made that the child remain in the custody of the asylum for any number of years,-within eighteen years of age for a girl, and twenty-one years for a boy. It should be lawful for the officers of the asylum in the meantime to find homes for such children. In actions of habeas corpus it shall be a valid defense for the asylum to show that an agreement for the custody of the child has been entered into with the parent.
Pending the introduction of bills, it was ordered that when the Senate adjourns it be till Monday afternoon at 2 o'clock.
GRAVEL, PLANK AND OTHER ROADS.
Mr. RISTINE called up his motion, entered sev. eral days ago, to reconsider the vote rejecting Mr. Marvin's amendment proposed to the bill [S. 54] to amend the gavel road act of March 3,1877, which amendment was to increase the amount of outstanding construction bonds allowed at any one time to $100,000, exclusive of interest.
The LIEUTENANT GOVERNOR stated the first question to be on an amendment pending (proposed by Mr. Garrigus), declaring that the County shall not be liable for the payment of said bonds. [See proceedings of January 25, just before adjournment of Senate.]
Mr. GARRIGUS gave considerations in favor of his amendment, and hoped it would be attached to the bill.
Mr. GRUBBS regarded the effect of the pending amendment would be to nullify the entire law. When any legal corporation issues a bond it is liable for the payment of such bond, the same as an individual is liable on a personal bond. So there can be no question in the world as to the liability of the Counties to pay the bonds issued by Boards of Commissioners. Of course the law requires the money shall be made, if it can be made out of the assessment. The liability of the County is not secondary but original; and it resolves itself into a question whether the County shall be allowed to make a guarantee or not.
Mr. BUNDY offered the following by way of substitute:
"Provided further, That in no case shall the County pay any part of said bonds, except out of money realized from tax or assessment upon the lands assessed for the construction of said road, and that the real estate assessed for the construction of said road shall in all cases be liable for the payment of said bonds."
Mr. GARRIGUS withdrew his amendment, accepting this in lieu.
Mr. GRAHAM thought the fund derived from assessments for the construction of the work should be required to pay the bonds issued to aid the work, and no other fund should be called upon to pay them. If the road itself were a necessary improvement, then surely the history of plank roads generally will prove the assessment itself is sufficient to pay the last dollar of bonds issued to aid in their construction. There is little doubt but that the assessment for any road that should be constructed will be sufficient to pay its bonds, and if so there should be no liability on the part of the County to pay such bonds. It is a power that is dangerous to place in the hands of the County Boards. It is one that may be abused, and that has been abused largely.
Mr. BUNDY recited the provisions of his substitute-amendment as printed above, and urged its adoption,
Mr. CHAPMAN understood there would be no way of enforcing the payment of these bonds should the pending amendment prevail, except through the County, indeed there is really no payer of the bonds. The amendment would render it absolutely impossible to negotiate such a bond at par, as required by the existing law. Unless the whole law as it stands is to go out of existence, this amendment ought to be defeated; though the limitation proposed the other day ought to be attached to the bill.
Mr. URMSTON--The question is now on the substitute offered by the Senator from Henry [Mr. Bundy].
page: 136[View Page 136]The PRESIDENT pro tem [Mr. Viehe in the Chair]--The original amendment being with drawn, it now stands in the relation of an amendment.
Mr. URMSTON--Every provision of the amendment is already provided for in the law; where the County is as well guarded as this amendment would. The only amendment proposed by this bill is in the proviso at the close of the section. He was satisfied if the pending amendment is voted down. The motion to reconsider the amendment [Mr. Marvin's] will prevail, and that proposition to limit the outstanding bonds to $100,000 will be attached to the bill.
The amendment was rejected--yeas, 8; nays, 33.
The motion to reconsider was agreed to, and the amendment [Mr. Marvin's] allowing bonds to the amount $100,000 to be issued, was adopted.
Mr. TRAYLOR moved to strike out of the bill the emergency clause.
Mr. MARVIN opposed this motion, because many roads already commenced have had to stop work for want of money to finish them; and by allowing them to issue an increased number of bonds, as the bill now does, they can go on and finish the work already commenced.
Mr. TRAYLOR--Is there any litigation pending relating to them?
Mr. MARVIN--None that I know of.
The motion to strike out was then rejected.
The bill was ordered engrossed for the third reading.
The Senate adjourned till Monday at 10 o'clock, under an order adopted heretofore.
