THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, February 12, 1881--10 a. m.Mr. TRAYLOR was called to the Chair--the officer being a few minutes late.
The order of prayer by Rev. C. C. Herriott, of the Twelfth Presbyterian Church.
The reading of the 8ecretary's minutes was dispensed with, as usual.
PRINTING GOVERNOR'S MESSAGE.
On motion by Mr. CHAPMAN, the House concurrent resolution, providing for printing 10,000 copies of Governor Gray's Message and Governor Porter's Inaugural Address--3,000 in German and 7,000 in English--was taken up and concurred in.
BILLS ON THE SECOND READING.
On motion by Mr. COMSTOCK, the Senate proceeded to the consideration of bills on second reading:
Mr. Woods' bill [S. 132], to remove a sand bar in the Calumet River in Lake County, was read the second time, with a Committee report recommending that it lie on the table.
On motion by Mr. WOODS, it was made the special order for Monday at 2 o'clock p. m.
Mr. Macartney's bill [S. 142] concerning adoption of heirs [adding a proviso if such adopted child die seized of property the property shall descend to heirs of parent] was read the second time and ordered engrossed for the third reading.
Mr. Wood's bill [S. 148] to declare judgments collectable without relief from valuation and appraisement laws, was indefinitely postponed by concurrence in a Committee report so recommending.
THE KANKAKEE RIVER.
Mr. Wood's joint resolution [S. 1] authorizing the appointment of a surveyor to survey the line of the Kankakee River from Momence, Ill., over 100 miles in this State, being read the second time--
Mr. BUNDY moved to recommit the bill to the Committee on Canals and Internal Improvements and Swamp Lands, for the reason that there is a communication from Professor Campbell, transmitted to the Senate by the Governor, which has been referred to that Committee, and the Committee is about to report a bill containing very nearly the provisions of that resolution.
The motion was agreed to.
DYKES, LEVEES AND DRAINAGE.
Mr. Bell's bill [S. 75], to enable owners of land subject to overflow by any stream, or river, to reclaim and protect such lands, etc. [see page 46], was read the second time.
Mr. Bell says the enactment of such an act is rendered necessary by the passage of the drainage law of 1879, which, perhaps, through oversight, repealed all existing laws providing for building and maintaining dykes, levees, etc. The bill is of importance to a large number of land owners along the Wabash and other rivers which are subject to overflow. It is also important in a sanitary point of view.
The bill was ordered engrossed.
Mr. Comstock's bill [S. 192], to legalize acts of Trustees of Milton, Wayne County, was read the second time and ordered engrossed.
The LIEUTENANT GOVERNOR appointed Mr. Sayre a member of the Committee on Fees and Salaries, in place of Mr. Henry, who asked and obtained excuse from further service thereon.
MAYOR'S JURISDICTION.
Mr. Howard's bill [S. 85], to prescribe the jurisdiction of Police Judge's and Mayor's Courts in towns and cities, being read the second time with a favorable Committee report--
Mr. COMSTOCK doubted the propriety of limiting the jurisdiction of Mayors in such cases.
Mr. HOWARD stated the objects of the bill. It is designed to confine the original jurisdiction of Mayors and Police Courts to the corporate limits for which such Court was organized. It does not limit the powers of such Courts except in the matter of original jurisdiction. Persons from every part of his (Decatur) County have been taken before the Mayor at Greensburg, and many, for most trivial offenses, fined a dollar or two, which they unrighteously paid because unable to leave their business and go to the County seat at an expense of less than from $10 to $25. The present law works great hardship, and for reasons obvious to Senators this wrong should be remedied by the passage of this bill.
Mr. TRAYLOR--Parties who violate law should be arrested.
page: 174[View Page 174]Mr. HOWARD-This bill does not bar arrest in any part of the County if the offense were conmmitted within such jurisdiction as provided in the bill.
On motion by Mr. HENRY, the bill was indefinitely postponed.
Mr. Foster's bill [S. 119] to legalize acts of Trustees of Monroeville, Allen County, being read the second time--
Mr. FOSTER said this bill was exactly similar to a bill passed last session concerning New Haven, in the same County. There being no objection to this bill from any quarter, he hoped it would be passed.
The report of the Committee was concurred in, and the bill ordered engrossed for the third reading.
FOREIGN CORPORATIONS AND REAL ESTATE.
Mr Spann' bill [S. 90] to allow foreigners to hold real estate with the same effect as citizens, being read the second time--
Mr. CHAPMAN understood that this bill proposes to allow alien persons or corporations to acquire real estate by purchase, beside descent or devise, for a term of ten years.
Mr. SPANN said this bill was looking to the bringing into this State a number of Scotch immigrants. There has been a similar bill passed the House without the limitation. He moved that the bill be ordered engrossed for the third reading.
Mr. BELL opposed the motion. It is not well to call up any question that will cause a demand for the yeas and nays this morning, owing to the small attendance of members. He opposed this bill, even with the limitations, and moved to lay the bill and report on the table.
The motion was agreed to.
EXEMPTIONS--COLLEGES, ETC.
Mr. Ristine's bill [S. 199] to amend the assessment act of December 21, 1872, was read the second time. It amends the eighth and ninth subdivisions so they shall read: "(8) The campus of every University or College, not exceeding forty acres (and the buildings and improvements thereon) when such campus has for more than five years been used exclusively for a College or University campus," (9) No tax shall be collected for any past year or years on any property exempted by this amended section under the claim or pretense that such property was improperly omitted to be assessed and taxed for such former year or years under the law as it stood prior to the passage of this amendatory act.
On motion by Mr. RISTINE the bill was amended as follows: Add to subdivision fifth, in Section 7, these words: "Every building erected for the use of any literary, benevolent, charitable or scientific Institution, or by any individual or individuals' Association or Corporation erected for the same purpose by any town, Township or County, and the tract of land on which such building is situated not exceeding twenty acres; also, the personal property and endowment fund and income of such fund belonging to any Institution, town, Township, city or County, and connected with or set apart for any of the purposes aforesaid."
The amendment was agreed to and the bill ordered engrossed.
THE CALENDAR.
Mr. Comstock's bill [S. 79] concerning the pur- chase of toll roads and their management as free roads read the second time and made the special order for Monday at 2 p. m.
On motion, it was ordered that when the Senate adourned it adjourns till Monday at 2 p. m.
The Revision Committee's bill [S. 245] to enlarge the powers of incorporated cities, being read the second time--
Mr. MENZIES declared the bill simply authorizes incorporated cities and towns to contract with or allow the laying of pipes in streets, lanes, alleys, or public roads, where gas or water pipes are already laid, or otherwise for the purpose of conveying steam therein, or motive power, or for heating purposes.
It was ordered engrossed.
STATE LIENS.
Mr. Langdon's bill [S. 178] in relation priority of mortgage liens where the State of Indiana is judgment creditor, being read the second time, with a Committee report recommending that it be indefinitely postponed--
Mr. LANGDON said he introduced this bill by request, but believes there is merit in its provisions. It merely requires that the State shall take her place in line in the right of priority of liens. He could see no objection to the bill and hoped the report would not be concurred in.
Mr. TRAYLOR could see objections. It allows the Auditor to pass judicially upon questions which the Committee thought he ought not to. It would be a bad law, and if people have been doing business so loosely as the bill would seem to indicate, it would encourage that loose way of transacting business.
Mr. LANGDON thought the proper course would be, if the Committee were favorable to legislation in this direction, to have reported amendments to perfect the bill. These liens of the State are subsequent to prior liens, yet they stand there and incumber the land without any remedy. The State ought not to have any right other than a citizen should. The bill provides against any collusion. He opposed concurrence in the report of the Committee. The State could have a second lien in equity, he contended, in answer to a direct inquiry.
Mr. KRAMER--The State acquires a second lien, though not intended by the law. It may take place by collusion or mistake. The bill should be amended so as to make officers and bondsmen liable for losses occasioned by second liens, and and there ought to be some means provided by which second liens may be satisfied on the record.
Mr. BELL regarded this bill as too full of vicious provisions to be amended, and recommended the drafting of a new bill to remedy the evils complained of.
Mr. TRAYLOR questioned whether this bill would not relieve the Auditor from liability on his bond for mismanagement of the school fund.
Mr. BELL thought not.
Mr. LANGDON was willing the bill should lie on the table to enable more careful examination. All admit this bill refers to a wrong which ought to be remedied. It may be the terms of the bill are not sufficient, but he believed it contained a foundation upon which a proper enactment can be built. The State is losing thousands of dollars yearly because the statute of limitations is working against fines, etc., for the reason that officers are negligent in settling up the State's claims.
Mr. CHAPMAN favored the indefinite postponement of the bill. It ought to die here and now. Then if there is a need of any law providing for service upon any officer to answer for the State of Indiana, let such a measure be introduced. It is not necessary that this bill, which is thoroughly objectionable, should lie on the table. The files ought to be cleared as we go along.
On motion by Mr. LANGDON the bill and report were laid on the table.
PASSED TO THE THIRD READING.
ee The Committee on Revision's bill [S. 241] to raise the pay of Speaker of the House of Representatives and President of the Senate from $6 to $10 a day was read the second time and ordered engrossed for the third reading.
Mr. Van Vorhis' bill [S. 110] to authorize Common Councils and Boards of Aldermen to license and regulate pawnbrokers, was read the second time and ordered engrossed.
Mr. Spann's bill [S. 161] to authorize short-hand page: 175[View Page 175] reorters appointed by Counrts in Counties casting over 4,000 votes, and in Judicial Districts casting over 8,000 votes, being read the second time--
Mr. SPANN said the Committee evidently thought the main features of the bill would be a good thing, but the Committee, have sought to kill off the bill by reducing the pay of the men who are to act as short-hand reporters so low that no man in the State would work under it. Such a law would be inoperative and void. He moved to amend by making the pay $5 a day.
The amendment was agreed to, and the bill ordered engrossed for the third reading.
And then the Senate adjourned, under an order heretofore adopted, till Monday at 2 o'clock p. m.
HOUSE OF REPRESENTATIVES.
SATURDAY, February 12, 1881--9 a. mThe session was opened with prayer by Rev. T. H. Lynch, of the Methodist Church, this city.
On motion by Mr. TAYLOR, of Lagrange, the reading of theClerk's journal of yesterday's proceedings was dispensed with.
The SPEAKER announced the consideration of the bill [H. R. 3] concerning interest and usury, pending at the time of adjournment yesterday, as being in order at this time.
Mr. BUSKIRK moved that the further considation of this bill be deferred till 11 a. m.
It was agreed to.
REPORTS FROM COMMITTEES.
Mr. NEFF, from the Committee on the Judiciary submitted a report on the bill [H. R. 251] to legalize the acknowledgement of certain instruments in writing, recommending its passage.
The report was concurred in and the bill ordered engrossed for the third reading.
Mr. CARTER submitted a report from the Judiiary Committee on the bill [H. R. 248] in relation to the satisfaction of mortgages, etc., recommending its passage.
The report was concurred in and the bill ordered engrossed.
CAUSES FOR DIVORCE.
Mr. WRIGHT, from the Judiciary Committee, reportedd back the bill [H. R. 210] in relation to divorces, recommending its passage.
The report was concurred in.
Mr. RYAN moved to amend by adding as another cause for divorce, "permanent insanity of either party accruing subsequent to marriage."
Mr. CARTER said it would be very unjust to adopt that amendment, and he hoped the House would not concur.
Mr. RYAN did not consider there could be any unjustness in including insanity as one of the causes for which divorces can be granted. He knew of two cases where young women were bound to insane husbands, and thought it nothing more than justice and humanity that divorce should be granted in such cases.
Mr. LINDSAY said the subject of divorces was before the Revision Committee and the Codification Committee, and a bill has been prepared on this subject by those Committees, and for fear that there might be some conflicting clauses, he moved that the bill, with the pending amendment, lie on the table.
The motion was agreed to.
REPORTS FROM COMMITTEES.
Mr. CARTER, from the Judiciary Committee, reported on the bill [S. 32] in relation to voluntary associations, recommending its passage, with amendments.
The report was concurred in , and the bill passed to the third reading.
Mr. BUSKIRK reported from the Judiciary Committee on the bill [H. R. 158] in relation to actions against cities, recommending that the bill lie on the table.
The report was concurred in.
Mr. LINDSAY reported from the Judiciary Committee on the bill [H.R. 173] relating to fences, recommending that the bill be referred to the Agricultural Committee.
The report was concurred in.
Mr. LINDSAY reported from the Judiciary Committee on the bill [H. R. 217] concerning the relation of legalizing acts of Justices of the Peace, recommending its passage.
The report was concurred in and the bill ordered engrossed.
Mr. WILSON submitted a report from the Committee on Education, on the bill [H.R. 51] relating to buying books for poor children, recommending its passage with amendments.
The report was concurred in and the bill ordered engrossed.
Mr. HAM submitted a report from the Committee on Education on the bill [H.R. 178], providing for a general system of Common Schools, recommending that the bill do lie on the table.
The report was concurred in.
SELECTION OF SCHOOL TEACHERS.
Mr. MORGAN, from the Committee on Education, submitted a majority report on the bill [H. R. 275] regarding teachers and County Superintendents, recommending that the bill lie on the table.
A minority report was submitted on the same bill [H. R. 295], recommending its passage with certain amendments.
Mr. MORGAN hoped the House would not vote in favor of the minority, thereby striking out the best features of the bill. He was opposed to the election of teachers by the patrons, not because he wished to deprive the patrons of their rights, but because it is to the interests of the schools to deprive the patrons of the privilege of wrangling over the selection of a teacher. The Trustee was, generally, and by virtue of his office, the most competent person to judge of the proficiency of the teacher, thus avoiding the fight which almost invariably ensues at school meetings appointed for that purpose. Besides the Trustee's acquaintance with the teachers in the County gives him a better and wider opportunity to judge of a teacher's qualifications than the patrons. He hoped the House would not adopt the minority report, as it would destroy the very best feature of the bill.
On motion by Mr. COMPTON, the whole matter--bill and reports--was laid on the table.
STATE ADJUTANT GENERAL.
Mr. COMPTON, from the Committee of Military Affairs, submitted a report on the bill [H. R. 291] defining the duties and powers of the Adjutant General, recommending its passage with the following amendment: l'The Adjutant General is authorized, with the approval of the Governor, to make an exchange of any worthless or old arms of the State for a new and improved pattern, such as he may deem best for the State."
The report was concurred in.
Mr. NEFF moved to strike out the words "eighteen hundred dollars" (the salary to be allowed the Adjutant General) and insert "twelve hundred dollars" in lieu thereof.
Mr. COMPTON--I hope the amendment will not prevail. Tihe bill was prepared with great care by men who have examined the duties and responsibilities of the Adjutant General. I do not believe the gentleman would have offered his amendment had he taken pains to inquire, even of his friends or the outgoing Adjutant General, in regard to the duties of that office. The correspondence of that office is now from twelve to twenty letters a day, coming from soldiers throughout the West. There is no other way for these soldiers to procure title to the land on which they are located only by a certificate from page: 176[View Page 176] the Adjutant General. It is due to the Indiana soldiers, their families and the people of Indiana, that the Adjutant General's office should be put upon a footing equal to any similar office in the West. I hope the amendment will not prevail.
Mr. NEFF advocated the adoption of the amendment, and proceeded to show that $1200 was a large salary for a man performing the duties of this office.
The amendment was rejected.
On motion by Mr. COMPTON, the Committee report was concurred in and the bill ordered engrossed.
AN OLD CLAIM FOR LIGHTNING RODS.
Mr. CARTER, from the Committee on Claims, reported on the claim for $5,128.32, presented by David Munson, for lightning rods attached to the Insane Asylum. The Committee, after full investigation of all the facts, have unanimously agreed that this claim is strictly a just one, and recommend that the Committee on Ways and Means be instructed to include this amount in the specific appropriation bill.
Mr. NEFF said, if the report is concurred in, it would be absolutely necessary to place this amount in the specific appropriation bill. He was of the opinion that the House ought not to direct the Committee to insert that amount in the specific appropriation bill, as there was no law authorizing the putting up of these lightning rods for which the claim is made.
Mr. EDWINS said that the gentleman appointed on Legislative Committees heretofore to investi- gate this matter fully in all its details have re- peatedly refused to allow this claim. He did not believe it a proper and just claim.
Mr. CARTER--This House had a Committee appointed to consider the claims referred to them. They took the evidence and recommend its allowance. The Committee unanimously agreed that it was a just claim and should be paid. The judgment of the Committee ought to be respected, otherwise, the House should discharge them altogether. The Committee says there was a fair and square contract made by parties who had the lawful right so to do. The first part of this work was done three years ago. This work was done with the understanding that the money should be paid when the work was finished. This contract was a fair one. It was not an excessive price. The evidence shows that the price paid is a deduction of twenty cents on the foot from the regular price charged. The State is in honor bound to pay this now. The only reason that it was not paid then was that the appropriation was exhausted, and it is but just that we should stand by the honor of the State at this late day and pay the claim.
Mr. THOMPSON--According to the act of 1875, the State built a Female Hospital, where Dr. Evarts was appointed Superintendent. The question is, whether the contract of Dr. Everts is valid or not. These men put up these lightning rods under the direction of the Trustees and the Committee recommend it as an honest debt and one that should be paid.
Mr. EDWINS--Admitting that Dr. Everts was Superintendent of the Female Hospital, and he should make an expenditure of $1,500,000 on the Institution, would it be the duty of the State to pay for the expenditure? The claim had some demerit in it, or the Board would have allowed it long ago.
Mr. MOODY--The Committee, in accordance with their duty, have fully inquired into the circumstances and submitted a report to this House favoring the payment of this claim. It seems to me that unless a better reason can be given by the gentlemen opposing the adoption of this report than simply that some other legislative body has not seen fit to make this appropriation that it is a very poor reason. Another reason why I think this appropriation should be made is that this work was done with the knowledge of the Superintendent of this building, who was authority on this question. It is unquestionable this contract was made by the State of Indiana, and I would like to know why it ought not to be paid. Is there any question that the rods were not furnished--that the work was not done? It seems to me, gentlemen, that we ought to concur in this report at once, and without any further investigation.
Mr. BENHAM--The evidence shows that the men who consented to the putting up of those rods had different specimens laid before them to select from, and that the work was done under the direction of the architect. The evidence shows that the work was done to the entire satisfaction of the Investigation Committee sent to the Institute, except Governor Williams. Governor Williams seemed to have prejudice against lightning-rod men in general. While I do not recommend lightning-rods, I think, under the circumstances, this is an honest claim and I am not in favor of referring it to the Committee on Ways and Means except as the resolution directs. This question will come up again on its final passage, and then will be the proper time to discuss it.
Mr. EDWINS moved to lay the report of the Committee on the table.
The motion was rejected--yeas, 23; nays, 57.
The report of the Committee was concurred in.
On motion by Mr. BUSKIRK, the further consideration of the bill [H. R. 3] concerning interest and usury was postponed until Wednesday, February 16, at 9 a. m.
REPORTS FROM COMMITTEES.
Mr. KENNER submitted a report from the Committee on Claims, to which was referred the claim of Rosenthal & Co. of $280.73. The Committee is of the opinion that this claim is a just one, and recommend that provision be made for its payment in the specific appropriation bill.
The report of the Committee was concurred in.
Mr. AKIN, of the Committee on Claims, to whom was referred the claim of the Bowling Green Manufacturing Company, against the State Prison South, recommend that the claim be not allowed.
The report was concurred in.
Mr. LINDLAY submitted a report from the Committee on Trust Funds, on the bill [H. R. 223] defining the duties of County Auditors, recommending its passage with the following amendments: "The County Auditor shall receive for his services ten cents for each 100 words necessarily written."
The report was concurred in and the bill was ordered engrossed.
Mr. WILSON, from Morgan, submitted a report from the Committee on Fees and Salaries, on the bill [H. R. 272] in relation to emoluments of the Reporter of the Supreme Court, recommending its indefinite postponement
The report was concurred in.
Mr. WILSON, from Morgan, reported from the Committee on Fees and Salaries, on the bill [H. R. 117] concerning witnesses, recommending its passage, with the following amendments: "Any person subpenaed to testify in any case in a Court of record, except before a Justice of the Peace outside of the County in which he resides, shall be allowed five cents per mile for the distance traveled in going and returning, and $l per day for the time spent in attendance. These fees to be paid witness out of the County Treasury, as other claims are paid."
The report was concurred in and the bill ordered engrossed.
On motion by Mr. THOMPSON, it was agreed that when the House adjourns it adjourns to meet on Monday at 1 o'clock p. m.
A report from the Committee on Fees and Salaries was submitted on the bill [H. R. 262] concerning fees of County Clerks, recommending its indefinite postponement.
The report was concurred in.
page: 177[View Page 177]NEW PROPOSITIONS.
On motion, by Mr. FANCHER, the Constitutional rule was suspended--yeas, 71; nays, 2, and a bill was introduced--
By Mr. FANCHER, the bill [H. R. 322], an act concerning Common Schools, which was read the first and second time by title only, and referred to the Committee on Education. Three hundred copies of this bill were ordered printed.
Mr. WILSON submitted a report from the Committee on Fees and Salaries on the bill [H. R. 169]: To trasfer the issuing of marriage licenses from the Clerk of the County to the Auditor, recommending indefinite postponement.
The report was concurred in.
FEMALE PRISON AND DEAF AND DUMB ASYLUM.
Mr. MILES offered a resolution, the Senate concurring, authorizing the appointment of a Committee of seven, four from the House and three from the Senate, to consider the matter of sewerage of the Female Reformatory and Institution of the Deaf an Dumb, and report the best arrangements that can be made with the City Council, and further facts that will enable the General Assembly to act advisedly in the matter. Also, inquire into the expediency of selling the lands owned by the said Institutions and locate them some distance from Indianapolis.
The resolution was adopted.
The SPEAKER made the Committee to consist of Messrs. Miles, Stewart, Cauthorne and Cummings.
Mr. WILSON reported from the Committee on Fees and Salaries the bill [H. R. 183] in relation to milage of Members of the General Assembly, recommending its passage.
The bill was laid on the table.
THE WHIPPING-POST.
Mr.BERYMAN, from the Committee on Rights and Privileges, reported on the bill [H. R. 302] for the punishment of certain assaults and batteries, [by whipping-post] recommending its passage.
The report was concurred in.
Mr. LINDLAY moved to amend by providing that the penalty shall be inflicted by the wife.
Mr. CARTER was opposed to the bill and amendment. It provides that the husband shall be whipped on his back. He thought it unlawful to discriminate against the husband that the wise is not punished when she whips the husband. There being many small and weak men in this State who have double-fisted wives who sometimes whip them over the eyes, he thought this discrimination ought not to be made.
Mr. TETER moved to amend the first section by inserting appropriately the words "except in self-defense." [Laughter.]
The amendments were rejected and the bill ordered engrossed.
THE CALENDAR.
Mr. BERRYMAN submitted a report from the Committee on Rights and Privileges on the bill [H. R. 163] in relation to the powers and duties of Auditors of State, recommending the passage of the bill.
The report was concurred in, and the bill was ordered engrossed.
Mr. BERRYMAN from the same Committee reported on the bill [H. R. 245] defining libel and the publication thereof, recommending indefinite postponement.
The report was concurred in.
Mr. BERRYMAN, from the same Committee, submitted a report on the bill [H. R. 170] in relation to felonies, recommending that the bill do lie on the table.
The report was concurred in.
Mr. BERRYMAN, from the same Committee, submitted a report on the bill [H. R. 203] to amend an act regarding estrays and articles adrift, recommending its passage.
The report was concurred in and the bill ordered engrossed.
Mr. LINDSAY moved to take up the bill [H. R. 16, with Senate amendments] providing for the resubmission of the Constitutional Amendments and take action thereon.
Mr. SWITZER demanded a call of the House, which being taken discovered the number of members present, 73.
On motion by Mr. FANCHER, the House adjourned to meet on Monday, Feb. 14, at 1 p. m.
