THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE
THURSDAY, February 17, 1881--10 a. m.The LIEUTENANT GOVERNOR called the Senate to order pursuant to adjournment under the rules.
LOCAL OPTION LIQUOR LICENSE.
On motion by Mr. SHAFFER, his bill [S. 30] to regulate the license and sale of intoxicating liquors (similar to the once celebrated "Baxter bill") was made the special order for the consideration of the Senate next Thursday at 10 o'clock a. m.
ILLUMINATING OIL INSPECTION.
On motion by Mr. WHITE, his bill [S. 25] to remodel the law of 1879 for the inspection of mineral or petroleum oil for illuminating purposes, was made the special order for Tuesday at l0 o'clock a. m.
THE CIVIL CODE.
The LIEUTENANT GOVERNOR announced the consideration of the business pending at the adjournment last evening, being the consideration of the Committee on Revisions bill [S. 271] concerning procedure in civil cases: The following sections of the act of June 18, 1852, commonly called the "Civil Code," are, by this bill, proposed to be amended, viz.: 1, 782, 784, 8, 224, 36, 37, 38, 392, 53, 54, 64, 67, 75, 156, 186, 208, 231, 253, 284, 320, 323, 325, 328, 341, 346, 354, 397, 408, 434, 454, 455, 466, 518, 523, 555, 559, 566, 569, 598, 601, 602, 612, 617, 625, 633, 719, 798. The following sections are, by this bill, proposed to be repealed, viz,: 9, 228, 77, 239, 300, 301, 302, 294, 359, 554, 645, 646, 794, 796, 802. The following sections of the bill are proposed as new matter, viz.: 117, 118, 279, 455, 456, 626, 721, 857, 858, 859, 860, 861.
WOMAN SUFFRAGE.
Mr. SPANN moved to postpone the consideration of the Civil Code bill and take up the special order set for this hour, being the bill [S. 186] to extend the elective franchise in the election for choice of Electors for President and Vice President of the United States to every female having the same qualification that would entitle her to vote as if she were a male.
The motion was agreed to by yeas, 30; nays, 18.
On motion by Mr. WILSON, the Senate took a recess for one hour, in order to give ladies representing the Woman's Suffrage Association of Indiana an opportunity to address Senators.
Mrs. Dr. Haggart was first introduced, and her remarks were of similar purport to those delivered by her in the House yesterday. In the course of her dissertation upon the rights of women she took occasion to say that there were more women employed in the manufactory of cotton goods and clothing, and in teaching; that there were more boys than girls in the Reformatories, more men than women in the Penitentiaries, and more men than women addicted to chewing tobacco and drinking whisky.
Mrs. Haggart was followed by Mrs. Helen M. Gougar, and Mrs. Mary Thomas, the latter urging that in view of the fact of the women having their petitions for the ballot before the Legislatures of eleven States this winter, the Indiana General Assembly had a great and glorious opportunity to be the first in the field for the recognition of the rights of women.
A PROTEST.
Mr. BELL submitted the following:
The special order of business on Wednesday, February 16, 1881, being Senate Bill No. 271 being the Civil Code, and the same not being concluded, but being under consideration at adjournment on said day, and after the meeting of the Senate on Thursday morning, February 17, 1881, and the reading of the journal, it was moved and seconded that the order of business be suspended and Senate Bill No. 186 be taken up and at once considered. A majority of the Senate only, and not two-thirds of the Senators present voting in favor of said motion as required by Rule 54, the President declared said motion carried and the order of business suspended over the objection of Senators made. The undersigned do hereby protest against said ruling and action, and ask that this, their protest, be spread upon the journals of the Senate.
G. V. MENZIES,
Senator from Gibson
and Posey.
R. C. BELL,
Senator from Allen
and Whitley.
GEORGE H. CHAPMAN,
Senator
from Marion.
Mr. BELL stated that this protest was filed in order to prevent the decision of the Chair being regarded as a precedent for future action.
page: 195[View Page 195]The LIEUTENANT GOVERNOR sustainted his decision by the simple statement that the motion made by the Senator from Rush (Mr. Spann) was to postpone the consideration of one subject and take up another, and was not a motion to suspend the order of business, which latter motion, under Rule 54 of the Senate, requires a two-thirds vote of the Senators present.
WOMEN'S SUFFRAGE
Mr. COMSTOCK moved to postpone the further consideration of the women's suffrage bill [S. 186], and proceed with the consideration of the civil code bill [S. 271].
Mr. OWENS hoped this motion would not prevail as several Committees have postponed a contemplated visit to State Institutions in order to be present to-day when a vote was expected on the woman's suffrage bill.
Mr. CHAPMAN, not particularly desiring to postpone the vote, would prefer the consideration of this bill should be set aside for a time, as he desired to heard on the question, and was not fully prepared to speak, though would do so to-day if the bill was pressed. There seems to be a wonderful degree of zeal on the part of some gallant Senators to push this bill forward just at this time. It involves a grave constitutional question which, it is altogether probable, some of them have not looked into, and if there be a conscientious question in it, it would be well for them to consider it. This question, if meritorious, will not suffer by delay.
The motion to postpone was agreed to by yeas, 28; nays, 21--as follows:
Yeas--Messr. Benz, Bell, Bischowsky, Briscoe, Chapman, Coffey, Compton, Comstock, Davidson, Davis, Garrigus, Hart, Heffron, Henry, Howard, Kramer, Langdon, Leeper, Lockridge, McCartney, Majors, Menzies, Ristine, Shaffer, Urmston, Viehe, Woods and Woollen--28.
Nays--Messrs. Bundy, Foster, Graham, Grubbs, Hostetter, Hutchinson, Kahlo, Keiser, Marvin, Owne, Poindexter, Rahm, Sayre, Smith, Spann, Traylor, Van Vorhis, Voyles, White, Wilson and Yancey--21.
So the motion to postpone was agreed to.
Subsequently, on motion by Mr. Spann, the woman's suffrage bill [S. 186] was made a special order for Friday week at 10 o'clock a. m.
THE CIVIL CODE.
The Senate resumed the consideration of the bill [S. 171], concerning procedure in civil cases, the Clerk reading as on yesterday only such sections are proposedto be amended by the Committee on Revision in its report.
Mr. URMSTON moved to amend Section 328 relating to a jury view, by striking out the words "with the consentof all parties." He cited instances in which these words would be productive of mischief.
Mr. VIEHE favored the amendment.
Mr. HENRY opposed the amendment, thinking the section, as in the bill, proposes a proper and just amendment to the present law.
Mr. TRAYLOR referred to cases where the amendment would work hardship. He hoped it would not be adopted.
Mr. URMSTON considered the Senator last upon the floor did not have justice given to the case he described. The party that has committed the trespass will always object, and it is better to leave it with the Court to decide, as has been the custom for many years. Observation will teach more in five minutes than three hours of testimony.
The amendment was agreed to--yeas, 30; nays, 10.
GREEN HILL SEMINARY.
On motion by Mr. OWEN, he obtained leave to return the bill (H. R. 295] to legalize the incorporation of Green Hill Seminary, in Warren County, from the Committee on Corporations.
Mr. OWEN explained it only legalizes the incorporation of this Institution, which is imperfect on account of a failure to strictly comply with the provisions of existing laws.
On his further motion the bill was read the second time by title only; the third time by sections, and under a dispensation of the constitutional restriction--yeas, 45; nays, 0--finally passed the Senate by yeas, 45; nays, 0.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
THE CVIL CODE.
When Section 1 of the acts of 1853, p. 92, was read, authorizing the appointment of Master Commissioners in each County--
Mr. URMSTON entered his protest against the adoption of this section. The work we are now engaged in is one proposed to take the place of the old practice act, so that we may have in force a practice act codified and revised in such a form that the people may know exactly what the statute is. This practice act should cover every emergency made necessary by the statutes. This bill leaves out many features that should be embraced.
Mr. COMSTOCK assured the Senator the law of 1853 was in this bill, and this section is one proposed to be amended by the Revision Committee.
Mr. URMSTON insisted the proper officer to apply for restraining orders and injunctions was the Judge and not the Master Commissionres. Cases where such writs are desired where the Judge is absent or unable to attend to business are rare, and there would be less expense attending an application to the Judge of an adjoining County than to appoint a member of the Bar in every County seat, clothed with such power. Competent attorneys will not accept the appointment under the surrounding circumstances.
On motion by Mr. SPANN the section was amended so as to require that the Master Commissioner shall be a resident of the County seat.
Mr. GARRIGUS moved to further amend by leaving it discretionary with the Judge, whether to appoint or not.
Mr. VIEHE preferred it should remain mandatory as in the section.
The amendment was rejected.
Mr. VIEHE moved to insert at the beginning of Section 8 the words "when the office of Judge shall be vacant or absent, the Master Commissioner shall possess power to grant restraining orders, etc."
Mr. WILSON moved to strike out Section 8, believing that there is too much of the spirit of jealousy among members of the Bar to place such power in the hands of any one of them.
Mr. VIEHE insisted upon the importance of this provision--it only grants temporary power.
Mr. URMSTON was sure this section does not meet with the consideration it deserves. He referred to a difficulty which would arise in a County where there are Judges of Superior Courts.
Mr. VIEHE replied the whole controversy would end in a few days, on the arrival of the Judge. Or the Judge has it in his power to dissolve injunctions.
The motion to strike out was rejected.
The amendment [Mr. Viehe's] was adopted.
Sections 538, in relation to validity of executors' or guardians' sales, being read--
Mr. BUNDY moved to amend by adding to the second subdivision these words: "Or has accounted for the proceeds of such sale." Whether he gave bond or not the sale ought not to be invalid, he said.
Mr. LANGDON opposed the amndment.
Mr. VIEHE could see no harm to arise from it, if he understood the amendment.
Mr. MENZIES reminded the Senators that the Supreme Court has decided as the amendment proposes, so why cumber the statute with it?
page: 196[View Page 196]The amendment was agreed to.
When Section 565, relating to orders for supercedeas was being read--
Mr. HENRY preferred the section as in the present law and moved to substitute the words, "a certified copy," for the words, "a certificate."
Mr. WILSON reminded the Senators that the present law simply lncreases the expense that would be obviated by the amendment proposed by the Revision Committee.
When Section 1, acts of 1879, relating to instructions of the Court and Jury trials, was read--
Mr. VOYLES moved to sitrke out the proviso allowing the Court to give other instructions at the close of the argument. The section seems to be sufficient without the proviso. It goes far enough after giving opportunity to attorneys the right to present their case. To let the Court give other instructions would defeat the instructions upon which the argument was based. The law should be left as it was submitted to the attorneys.
Mr. CHAPMAN was in accord with the amendment. But there is a limit to endurance, and inasmauch as some members of this body have to give their time to night work on Committees--it was nearly 12 o'clock last night when the Judiciary Committee adjourned--and inasmuch as the Senate is not in a fit condition to consider these matters as they should be considered, he moved that the Senate do now adjourn.
The motion was agreed to.
And so the Senate adjourned.
HOUSE OF REPRESENTATIVES.
THURSDAY, February 17, 1881--9 a. m.The session was opened with prayer by Rev. H. M. Morey, of the Third Presbyterian Church, this city.
The reading of the Clerk's Journal was dispensed with.
SESSION HOURS.
Mr. THOMPSON called up a resolution lying on the table since a previous day, changing the hours of meeting to 9 a. m. and 2 p. m.
Mr. HUSTON said if the House knew what was to the best interest of this body, it would not change the hour of meeting, as Committees now meet in the afternoon which fully absorbs the time.
Mr. MEREDITH thought this body was spending a great deal of the people's time uselessly by meeting as at present, and so he favored the change.
Mr. CARTER thought the Committee work could be done at odd hours, and at night; and he also favored the change of the hour of meeting.
The resolution to change the hour of meeting to 9 a. m. and 2 p. m. was adopted--yeas, 73; nays, 4.
On motion by Mr. WRIGHT, the hill [S. 64] refunding city indebtedness, was ordered taken from the table and referred to a Special Committee of Five.
ASSESSMENT FOR TAXATION.
The report of the Codification Committee on the bill [H. R. 204] concerning taxation was adopted, and the bill was ordered engrossed. The rule of the House was temporarily suspended and amendments admitted on the third reading of the bill.
Then the bill [H. R. 204] concerning taxation, as prepared by the Codification Committee, was read the third time by sections.
Mr. WALZ moved to amend Section 7 by "exempting from taxation County Agricultural Societies."
Mr. THOMPSON opposed the amendment because Argricultural Grounds are owned by joint stock Companies and rented to Agricultural Societies. It would, be exempting from taxation property from which private individuals derive an income.
Mr. WRIGHT thought taxation should be the rule and not the exception. He thought such exemptions would be a square violation of the Constitution.
Mr. WALZ believed there was a special act exempting the State Board from taxation, and wanted to know why that ground is not taxed. The Legislature is voting money to keep up the State Board annually. He was not in favor of supporting the State Board unlees the Agricultural Societies of the State are exempted also.
The amedment was laid on the table.
Mr. CAUTHORNE moved to amend Section 18 [listing of moneys, bonds, stocks, annuities, royalties, etc.], so as to insert after the word "royalty" the word "patent rights" He said there were many Patent Right throughout the state which should be taxed, and by inserting this word the clause would include all such patents.
The amendment was adopted.
Mr. MILES moved to amend Section 20 [the personal property of a deceased person shall by his executor or administrator] so as to insert after the word "administrator" the words "in the name of the decedent."
The amendmennt was adopted.
Mr. MILES moved to strike out in Section 17 [the owner of tangible personal property in any County, "may personally" list the same etc.,] the words "may personally" and insert the word "shall."
The amendment was adopted.
The time--11 a. m.--having arrived for the consideration of the bill [H. R. 77], for the purchase of roads, Mr. Floyd called up the special order.
Mr. NEFF said the House was doing good work and moved to defer the consideration of the bill [H. R. 77] till Friday afternoon, February 18.
Mr. MEREDITH moved to amend by making the time next Monday at 2 p. m.
The amendment was agreed to, and the amendment as amended adopted.
Mr. HAMILTON moved to amend division 7 of Section 8 [exempting from taxation buildings for religious worship and land not to exceed ten acres; a1so, every cemetery, by annexing after the word "cemtery the words "parsonages and parsonage property."]
The amendment was agreed to.
Mr. BENHAM moved to strike out from interrogatory 3, Section 41, [the list of questions to be asked by the Assessor] the words: "The second and third interrogatories only are to be put to the President or other accounting officers of corporations."
Mr. BENHAM said he could see no reason why this provision should apply to corporations and not to individuals as it is well known that there are individuals who take advantage of this section; men in his own County avoid taxation by this means, and he for one was in favor of all property and persons paying according to their worth; therefore, he hoped the motion would prevail.
The amendment was adopted.
Mr. BUSKIRK moved to amend Section 73 by striking out all after the word "contribute," in line 25, and insert the following:
"Provided, That if it shall appear from the schedule or list required by this act to be made out, that the indebtedness of the tax-payer making such schedule or list exceeds his credits, the County Auditor shall give such tax-payer credit on his total taxable property, the credit, however, in no case to exceed $10,000, and the tax-payer shall be liable for taxes on the remainder only after giving said credit, if any there be."
Mr. BUSKIRIK said the object of the amendment was, if a man is not worth anything that he shall not pay any taxes. If a man owns $10,000 worth of property and owes $10,000 he is just in the same condition as if he had not any property at all. He thought it unjust that a man page: 197[View Page 197] owning nothing should be taxed. It has been said that property could not be exempted from taxation, but this very bill exempts a species of property from taxation, and this amendment is only carrying the idea little further. The different feature between this bill and the law now in existence is that it extends to real estate as well as personal property. He hoped the amendment would pass.
Mr. CAUTHORNE said such a law is vicious and would be unconstitutional. He moved to lay the amendment on the table.
The motion was agreed to.
Then the House took a recess until 2 p. m.
AFTERNOON SESSION.
Mr. ROBINSON moved to amend Section 20 of the tax bill, adding at the end of the section:"Provided that the personal property of decedent shall be listed in the Township, town or city wherein the decedent resided at the time of his death.
The amendment was agreed to.
Mr. KENNER moved to amend by inserting between items 68 and 69 in the schedule of unlisted property the item "feet of lumber and value;" also insert after the word "sorghum," in item 67 in the schedule, the words "or maple," and number the inserted sections in their proper order.
The amendment was agreed to.
Mr. FULLER moved to change Section 80 as follows: After the word "sworn," in line 4 (referring to taking oath when asessed), insert the words "or affirm;" also, in line 5, after the word "sworn" insert "or affirmed."
The amendment was agreed to.
Mr. FULLER moved to amend Section 119 (pertaining to the appointment of Deputies) by inserting: "Such number of Deputies to be determined by the County Commissioners at the preceeding March term."
Mr. FULLER--It seems to me as the bill now stands it allows the Township Assessor to appoint just as many deputies as he may want, whether there is a real necessity for them or not. This amendment will confine such Assessor to the consent of the County Commissioners to see that he does not appoint any more than are actually required.
The amendment was laid on the table.
Mr. TETER moved to amend Section 116, after the word "deputies," by inserting these words: "First having made and filed an affidavit with the Justice of the Peace of his Township of his inability to complete his duties within the time designated by law."
Mr. TETER said without that amendment the Assessor might employ a number of Deputy Assessors,and each one be entitled to $2.50 per day. By requiring such Assessor to file an affidavit, it would obviate this tendency.
The amendment was laid on the table.
Mr. COLE offered an amendment making the compensation of Assessor $2.25 per day.
The amendment was laid on the table.
The SPEAKER (Mr.----in the chair) offered the following amendments: "In valueing any real property on which there is a coal or other mine, or stone quarry, when the land and the mine or quarry, are owned by the same person, it shall be valued at such price on such property including the mine or quarry, as it would sell for at a voluntary sale for cash. Where the mine or the quarry is owned or leased by a person other than the owner of the land, such land shall be valued exclusive of the mine or quarry, as other lands are valued, and the mine or quarry and all the improvements and leasehold and appurtenances shall bevalued separately from the land according to a fair cash value.
Mr. COLE moved to amend Section 108 (giving the length of railroad tracks, etc., and showing the proportions in each County) by insertinga after the word "County" the words "and Township."
The amendment was agreed to.
Mr. KENNER moved to amend Sections 144 and 146 as follows: "The State Board of Equalization shall consist of the Governor, Auditor, Treasurer and Attorney General of State, who shall annually convene in the office of the Auditor of State on the third Monday of July in each year for the purpose of assessing railroad property in the manner prescribed in this act, to equalize the same as provided in this act. The Board shall organize by selecting one of its members as President and the Deputy Auditor of State, or one of the clerks in the office, shall act as Secretary."
The amendment was agreed to.
The House took a recess till 7 p.m.
NIGHT SESSION.
Mr. WALKER demanded a call of the House, which being ordered and taken, discovered no quorum present.
On motion by Mr. CAUTHORNE, the House adjourned.
