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of such an act is rendered necessary by the passage of the drainage law of 1879, which, perhaps, through oversight, repealed all existing laws providing for building and maintaining dykes, levees, etc.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.
