THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
[Senate not in session.]
HOUSE OF REPRESENTATIVES.
SATURDAY, Feb, 19, 1881--9 a. m.The session was opened with prayer by Rev. J. B. Duncan, of Grace M. E. Church, this city.
The reading of the Clerk's journal of yesterday's proceedings was commenced, until--
On motion by Mr. HARGROVE, the further reading thereof was dispensed with.
LEAVES OF ABSENCE
were asked and obtained for Messrs. Moody and O'Brien till Tuesday, and Mr. Nutt till Monday evening.
LEGALIZING ACT.
Mr. BARTLETT called up the bill [S. 50] to legalize the incorporation of the town of New Castle, Henry County, Indiana, and to legalize all and every official act of the Board of Trustees of said town. The bill was read the first time and passed to the second reading.
STOCK IMPROVEMENT.
The following described bill was introduced by consent:
By Mr. MEREDITH [H. B. 400]: To encourage the improvement of live stock. [Any person keeping a stallion for the purpose of standing him shall pay a license of $25, and for a jack, $15, the license to contain the age and description of such animal, which was read the first time and referred to the Committee on Agriculture.]
ASSESSMENT FOR TAXATION.
The Committee on Revision's bill [H. R. 204] concerning taxation--a codification of all statutes on that subject--being under consideration at the time of adjournment last night was taken up.
Mr. SKINNER moved to defer the further consideration of the tax bill until Monday at 2 p. m.
The motion was agreed to.
COMPULSORY EDUCATION.
On motion by Mr. BUSKIRK, the special order the consideration of the compulsory educational bill [H. R. 8], fixed for Wednesday, was changed to Tuesday at 10 o'clock a. m.
NEW PROPOSITIONS.
The SPEAKER [Mr. COMPTON in the chair] announced the order for the introduction of bills.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees:
By Mr. AIKEN [H. R. 401]: To enable married women to convey their separate real estates by deed without their husbands joining them in such conveyance, in case where the husband has abandoned the wife or the wife has abandoned the husband for cause, and defining the power of Judges of the Circuit and Superior Courts in reference to said conveyance. [Such coveyance can be made with the approval of Circuit or Superior Judges, who shall first examine into the cause of the separation of the husband and wife, also into the necessity and justness of the conveyance, and if he finds such trade or conveyance beneficial to the married woman, shall take the acknowledgement of such deed or conveyance.]
By Mr. GILLUM [H. R. 402], to amend Sections 4, 5 and 10 of an act to regulate and license the sale of spirituous, vinous, and other intoxicating liquors; to limit the license fee to be charged by cities and towns, prescribing penalties for intoxication, providing for the recovery of damages for injuries growing out of unlawful sales of intoxicating liquors, and all laws and parts of laws coming in conflict with the provisions of this act; prescribing penalties for the violation thereof, and declaring an emergency, approved March 17, 1875: [The County Commissioners shall grant license upon the applicant giving bond for $2,000 with two freehold assureties, conditioned that such dealer shall keep an orderly and peaceable house, etc.]
ORDER OF BUSINESS.
On motion by Mr. THOMPSON, it was ordered that the House proceed to the consideration of bills on the third reading.
ADJOURNMENT TILL MONDAY.
Mr. FLOYD, by consent, introduced the following resolution--
Resolved, That when the House adjourn today it adjourns to meet on Monday at 2 p. m.
page: 205[View Page 205]Mr. MEREDITH moved to amend by making the time 10 a. m. Monday.
The amendment was laid on the table, and the resolution was adopted.
FIRE ESCAPES FOR HOTELS.
Mr. Schwetzer's bill [H. R. 50], for an act requiring the keepers of certain hotels or lodging houses to provide certain protections against fire (fire escapes, etc.,) declaring violations thereof misdemeanors, and prescibing penalties therefor, was read the third time. [The bill provides that the keepers and owners of hotels two or more stories high shall provide and keep in good order a fire escape in each room; also a watchman on duty to arouse the guests of the building in case of fire. The terms of the bill make it a misdemeanor for the violation of the act.]
On motion by Mr. NEFF, the emergency clause was stricken from the bill.
The bill then passed--yeas, 80; nays, 0.
ORDER OF BUSINESS.
Mr. SKINNER made an ineffectual effort to dispense with the order for the reading of bills the third time and take up the order of reports from Committees.
ATTORNEYS' FEES.
Mr. CUMMINGS' bill [H. R. 79], amendatory of an act declaring illegal agreements to pay attorneys' fees contained in any bill of exchange, acceptance, draft, promissory note or written evidence of indebtedness illegal and void, was read the third time and failed to pass for the want of a constitutional majority--yeas, 47; nays, 32.
LABORERS' LIEN.
Mr. ROELKER'S bill [H. R. 69] providing for security and payment of laboring men, mechanics and employes, and giving them a lien for the amount of their claim, having previously been read the third time--
Mr. ROELKER thought the House should do something for the working man. When a man has labored hard he ought to have a means of collecting his remuneration without exhausting the proceeds of his daily toil, therefore he favored the passage of this bill.
Mr. GIBSON said the objectionable feature of the bill was that it allowed a laborer to take a lien on a man's personal or real property without giving a notice to such proprietor. In case a third party purchased such property there may be a "mechanic's lien" on the same, and the purchaser be wholly ignorant of the fact, therefore he opposed the measure.
Mr. FULLER--A man who has worked for his day's wages should not be defrauded from his actual pay. One objecion seems to be urged, is, that an innocent purchaser has no means of knowing whether there is a mechanic's lien on property purchased or not. This lien acts just the same way that a mortgage would act. If there is a mortgage on a piece of property and an innocent party purchasing does not know it, of course the mortgage stands; and the laborer's lien should hold in the same manner. If a man buys property, it is his business to see that it is clear of indebtedness. I hope this bill will pass.
Mr. SWITZER was in favor of this bill for several reasons, which he stated in a few words. It is true the bill does not provide for giving public notice by the laborer filing a lien. The labored should not be compelled to employ a lawyer in order to get the claim for work put in shape for collection. It should be sufficient to file such claim with a Justice of the Peace, without expense to the claimant. He favored the passage of the bill as it stands.
Mr. CARTER though the gentleman did not understand the operation of the bill entirely--it giving the employe a lien which shall take precedence over any other lien. He considered the law passed in 1877 fair and just to all parties; as it protects laborers so far as it is in the power of enactments to protect them. He thought this bill went furter than the House could go under the Constitution, and for that reason he was opposed to the bill.
By consent, the emergency clause was stricken from the bill.
Mr. COLE agreed with the gentleman from Marion (Mr. Carter) in regard to the constitutionality of this bill. He thought it very unwise to pass a bill so vague and indefinite, which permits one class of claims to take precedence of any other matter, and took the position that the State had no right to make a law which gives one man a preference over another. Therefore, he opposed the measure.
Mr. HUSTON was opposed to the bill for the reason that it will affect the value of stocks of manufacturing enterprises of the State. He was in favor of giving such lien, if the mechanics were required to file their claims and not incur the risk upon a purchaser of finding a mechanics lien ona piece of property when there is no record to show for it.
He wanted the bill to pass in such a way as to protect the laboring man in all his rights and privileges, and at the same time, so it will not injuriously affect the interests of those who give employment. In order to change the provisions of this bill, he moved to recommit it to the Judiciary Committee.
On motion by Mr. FULLER, this motion was laid on the table.
Mr. LINSDAY moved to refer the bill to the Judiciary Committee, with instructions to amend by providing that the lien shall not have preference over any previously recorded lien, judgment or mortgage; provided such recorded lien, judgment or mortgage is for value received; also, provided that proper notice shall be given to protect innocent purchasers of any property submitted to any liens provided for in this bill.
The motion to recommit was agreed to.
ORDER OF BUSINESS.
Mr. EDWINS moved to suspend the order of business, in order to allow submission of reports from Committees.
The motion was rejected.
SHIPMENT OF WILD GAME.
Mr. Fancher's bill [H. R. 19] to repeal Section 12 of an act for the protection of wild game, defining the time and manner within the same may be taken, killed, sold or otherwise disposed of, prohibiting the shipment from the State of Indiana, and also providing for the protection of certain birds in this act named; and prohibiting the destruction of their nests or eggs; and also making it unlawful to go upon lands for the purpose of hunting without permission of the owner, and prescribing penalties for injuring the property of any such owner; and also prescribing penalties for the offenses and misdemeanors defined in this act, and repealing all acts inconsistent with this act, was read the third time. [The section, as it has heretofore stood, had not allowed railroads to transport game out of the State at any time, a law that was practically inoperative. Railroads will, if this bill passes the Senate, be allowed to transport game out of the State during the months when the law permits the game to be killed.]
Mr. JOHNSON opposed the proposed repeal because he thought the time had come when the State should protect wild game.
Mr. BUSKIRK thought the bill was unconstitutional. The idea of saying that it is unlawful for a man to kill game on his individual property, and that railroads shall not carry game out of the State, is an absurdity.
page: 206[View Page 206]Mr. FANCHER--I think Section 12 as it now stands is inoperative. It allows you to kill game but prohibits you making any use of it after it is killed. It is certainly very wrong and unconstitutional. Our market is Chicago--the only one we have. It being out of the State, we should have the right to ship our game to that point. As the statute now stands the people of Chicago come in and kill the game at night and early in the morning; while the citizens living in our County, if they kill game, when they return home with it are prosecuted for it. This game is migratory in its nature and it matters little how much of it is killed off; the next year there will appear about the same quantity of game; therefore, I think it nothing more than justice to the people of our County that they be allowed to kill game and ship it out of the State.
The bill passed--yeas, 62; nays, 13.
INSANITY INQUESTS.
Mr. Cauthorne's bill [H. R. 205] regulating insanity inquests, etc. and the committal of insane persons to Hospitals for the Insane and their discharge therefrom, was read the third time and put upon its passage.
Mr CAUTHORNE said the bill was drafted by Dr. Rogers, Superintendent of the Insane Hospital, who requested him to introduce it. The bill has been fully considered by experts and persons familiar with this business. The Committee on Benevolent Institutions also recommended its passage. Upon the strength of their concurrence in such a measure he thought the House would do well to pass the bill.
Mr. COLE moved that the further consideration of the bill be postponed until next Wednesday at 10 o'clock a:: m., and 200 copies be ordered printed.
Mr. NEFF said there were so many special orders coming on next week he thought it best not to pile them up now. The bill was fully passed upon by the Committee on Benevolent Institutions and he felt satisfied the proposed amendments would work well, and thought the House could come to a vote now as well as to postpone.
On motion by Mr. THOMPSON the motion to defer until next Wednesday was laid on the table.
The bill passed--yeas, 12; nays, 1.
PETITIONS AND MEMORIALS.
Mr. LINDLEY presented a petition from certain citizens of Hamilton County, praying for the submission to the people of an amendment to the Constitution givng the right of suffrage to women. It was referred to the Special Committee on Female Suffrage.
Mr. WILSON presented a petition from sundry citizens of Morgan County, praying for the enactment of a law abolishing capital punishment. It was referred to the Committee on Rights and privileges.
PROSECUTING ATTORNEYS.
Mr. CARTER, from the Judiciary Committee, submitted a report on the bill [H. R. 127] on the subject of Prosecuting Attorneys, recommending the passage of the bill with the following amendment:
"Provided that in Counties having Criminal Courts organized therein, said Circuit Prosecuting Attorney shall prosecute only pleas of the State of which said Circuit Court has jurisdiction, so long as the said Criminal Courts have separate Prosecuting Attorneys."
The report was concurred in and the amendment ordered engrossed.
ARTICLES ADRIFT.
On motion by Mr. GIBSON, his bill [H. R 207] concerning articles adrift, was amended by inserting an enacting clause (which was omitted), and the bill ordered placed on the files of the House.
JURISDICTION OF JUSTICES.
Mr. SHIELDS bill [H. R. 112] to amend Section 9 of a act providing for the election and qualification of Justices of the Peace and defining their jurisdiction, powers and duties in civil cases, approved June 9, 1852, was read the third time.
[It amends Section 9 so that the jurisdiction of Justices in suits commenced by attachment or replevin shall be be co-extensive in their respective Counties, and in other cases their jurisdiction is limited to their respective Townships.]
By consent Mr. Shield offered the following amendment: Insert after the word "Justices" words "Of the Peace."
It was agreed to.
The bill passed by yeas, 65; nays, 2.
STATE SURVEYOR GENERAL.
Mr. EDWINS moved thatthe bill [H.R. 153] authorizing County Commissioners to take charge of public highways, the County Surveyor to perform the duties of County Civil Engineer, and providing for the appointment of a State Surveyor-General, etc., (see pages 171 and 172 of these reports), be made a special order for next Wednesday at 10 o'clock, a. m,
It was agreed to.
Then the House adjourned to meet Monday at 2 o'clock, p. m., in pursuance of an order heretofore adopted.
