THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE
SATURDAY, February 26, 1881--10 a. m.The LIEUTENANT GOVERNOR commanded attention while prayers were offered by Rev. George L. Curtiss, D. D., of Indianapolis.
PETITIONS AND MEMORIALS.
Mr. SAYRE presented a temperance petition, as did also Mr. FOSTER (for Mr. Hart, absent on account of sickness), which were severally referred to the Committee on Temperance without reading.
REINSTATEMENT OF BURNT RECORDS.
Mr. Henry's bill [S. 211--see page 113 of these Reports] to provide against the consequences ensuing or likely to ensue from the destruction of the records, in whole or in part, of any Court of record in this State, was reported back from a Standing Committee, with an amendment striking out all after the enacting clause and inserting new matter.
On motion by Mr. HENRY, the constitutional restriction was dispensed with --Yeas, 37; nays, none. This bill was read the second time by title only, and the report of the Committee concurred in, so adopting the substitute for the original bill. The bill was then read the third time and passed by yeas, 36; nays, none.
REPORTS FROM COMMITTEES.
The following described bills were returned from Standing Committees of the Senate with the recommendation that they be indefinitely postponed. The reports were severally placed on the files of the Senate, to be taken up and considered when the bills shall come up for the second reading:
The bill [H. R. 71] to provide for the speedy publication of certain laws.
The bill [S. 92] to regulate insanity inquests; [S. 123] to amend Section 6 of the Supervisor of Highways act; [S. 188] supplemental to the act of March 5, 1859, and amending Section 6 of said act concerning Road Masters; [S. 197] to appropriate $51 to John Hahn, of Floyd County, for services rendered in guarding a prisoner from mob violence; [S. 200--see page 94 of these reports] legalizing sales on execution when made without special order; [S. 201] to amend Section 78 of the general practice act, approved June 17, 1852; [S. 222] to exempt one-fifth of timber land in this State, held by any one person, from taxation; [S. 252--see page 135 of these reports] to amend Section 8 of the Gravel Road act of February 28, 1855; [S. 254] requiring judgment plaintiffs upon payment of judgments to enter satisfaction on all dockets where noted; [S. 297] requiring County Superintendents to be appointed by County Commissioners.
The following described bills were returned from standing Committees of the Senate with the recommendation that they lie on the table. The reports were severally placed on the files of the Senate to be taken up and considered when the bills shall come up for the second reading:
The bill [S. 91] [see page 51 of these Reports] providing for converting toll into free roads; [S. 109 see p. 54] appropriating $10,000 to erect a monument on the Tippecanoe Battle Ground; [S. 140] prohibiting the playing of all kinds of games of chance in any saloon; [S. 159] to stop advertising of foreign Insurance Companies in the newspapers; [S. 179] legalizing employment of persons to discover and ferret out unassessed property; [S. 226--see page 120 of these Reports] enabling owners of wet lands to drain and reclaim the same; [S. 248--see page 135] providing for a Board of Visitors for all State Institutions; [S. 250--see page 135] supplemental to the law concerning the organization and perpetuity of voluntary Associations; [S. 259--see page 139] to prevent the throwing of rubbish in public highays; [S. 293--see page 180] to amend Section 19 of the liquor law; and the joint resolution [S. 1] to authorize the survey of lands of the State on the Kankakee River.
APPOINTMENT CONFIRMED.
Mr. BUNDIY, from the Committee on Executive Appointments, reported favorably on the appointment by the Governor of Samuel Green, of Rush County, as Trustee of the Asylum for Feeble-Minded Children, to serve for four years, and to succeed J. F. Harney.
The report was concurred in, and so this nomination was confirmed by the Senate.
FOR FREE DISTRIBUTION.
On motion by Mr. GRAHAM, the House concurrent resolution authorizing the printing of 2,000 copies of a part of the report of the Bureau of Statistics, at a cost of thirty cents each, for free distribution among the Schools of the State, was taken up and adopted.
page: 235[View Page 235]NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees:
By Mr. KAHLO [S. 299]: to abolish the Superior Court in Cass County.
By the Committee on Canals, [S. 300]: Concerning the examination of large bodies of wet lands in the State of Indiana, and the selection of drainage routes, authorizing the appointment of a Commission therefor and matters properly connected therewith, and appropriating $5,000, or so much thereof as may be necessary to pay the expenses thereof.
[The Governor shall appoint a Commission of three to make such survey of the swamp lands of the State as they may deem proper.]
By Mr. BENZ, by request [S. 301]: To provide for paying the expenses of the Ohio River Commission. [Appropriating $1,500.]
By Mr. BROWN, at the request of the "Seymour Red Ribbon Club" [S. 302]: Authorizing the Seymour Reform Club to establish and conduct and carry on, in the State of Indiana, a gift concert enterprise on the plan of a lottery, for the purpose of raising $30,000 over and above the expenses of conducting such an enterprise, with which to erect a Concert Hall, and providing that all parties connected with the lottery shall not be liable to prosecution.
By Mr. CHAPMAN [S. 303]: To amend Section 2 of an act amending the railroad County and Township aid act, approved March 7, 1875. [The bill simply provides that before an election shall be ordered by the Board of Commissioners, upon an application to vote for making a subsidy to any Railroad Company, the petitioners shall furnish a good and sufficient undertaking for the payment of the expenses of such election.]
By Mr. COFFEY [S. 304]: o amend Section 8 of the act supplemental and amendatory of the uniform assessment of property act approved March 8, 1873. [Increasing the tax paid by foreign Insurance Companies by striking out the last words in the said section, viz: "Less losses actually paid within the State."]
Br Mr. COMPTON [S. 305]: To amend Section 14 of the fee and salary act of March 31, 1879, [so that all officers can be paid monthly, in place of quarterly, as now.]
By Mr. COMSTOCK [S. 306]: Concerning the Richmond and Libety Turnpike Company.
By Mr. GRAHAM [S. 307]: Regulating the taxation of the gross receipts of Telegraph and Telephone Companies in the State of Indiana. [Tax 2 per cent. on gross receipts of business, and requiring agents to report semi-annually to the Auditor of the County.]
By Mr. GRUBBS [S. 308]: To authorize the appointment of a Commissioner of Railroads by the Govenor, prescribing his powers and duties, and defining what reports shall be made to him by officers and employes of Railroad Companies. [Said Commissioner to serve for a term of four years, at a salary of $3,000 per annum, and $800 in addition for clerk hire.]
By Mr. HOSTETTER [309]: Regulating the districting of towns where the number of inhabitants does not exceed 2,500, and to authorize the election of three Trustees therein, with but one voting or election precinet.
By Mr. LANGDON [S. 310]: To provide for the filing of shorthand notes of testimony for their presentation and for a new trial in case of their loss.
By Mr. LEEPER [S. 311]: To amend Section 1 of an act amending an act for the incorporation of Manufacturing and Mining Companies, etc., approved March 9, 1875. [By appropriately inserting the words "with light."]
By Mr. MACARTNEY [S. 312]: To legalize the incororation of the town of Fremont, Steuben County, and all official acts of the Trustees and each and every officer thereof.
By Mr. LEEPER [S. 313]: To encourage the destruction of ground hogs.
By Mr. RISTINE [S. 314]: To amend Section 4 of the amendatory act for the organization of Horse Thief Detective Associations, of December 21, 1865. [It proposes to amend said Section 4 so it shall read: "Section 4. A majority of the members of such Assocation shall have power to adopt a constitution and by-laws for their government, to designate and appoint a Presiding Officer and such other officers as they may deem proper, who shall hold their offices during the time and shall perform the duties required of them by such constitution and by-laws, and such presiding officer is hereby authorized and empowered to administer oaths to members of such Association, in all matters wherein oaths are necessary administered by the rules and by-laws of the Association and such Association with the consent of the Board of Commissioners of the County in which such articles are recorded may designate any members of the Association, who in the pursuit and arrest of horse thieves and other offenses against the criminal laws of the State shall have all the power of Constables. And such Association shall furnish to the Board of Commissioners a list of the names of members so designated, and if consent is given, the Board shall enter upon its record an order reciting the names of such persons and that the consent of the Board has been given to much appointment and the record so made shall authorize and empower the County Auditor to issue to each member so designated certificate of his appointment.
By Mr. SAYRE [S. 315]: Providing for the preliminary examination of persons before Mayors and Justices of the Peace touching their knowledge of violations of the criminal laws of this State, prescribing certain duties of Prosecuting Attorneys, and of the Court before whom such examiation may be pending.
By Mr. SPANN [S. 316]: To amend the act of March 21, 1879, to enable farmers and citizens any County in the State to form Voluntary Associations for the purpose of of insuring their property against loss by fire or lightning. [The capital stock not to exceed $25,000].
By Mr. TRAYLOR [S. 317]: To amend Section 16 of the act of June 17, 1852, providing for the organization of County Boards. [So as to require the furnishing of a room for Circuit Court Judges in vacation].
By Mr. TRAYLOR [S. 318]: To provide against intoxication, and prescribing penalties therefor. [Every person who shall become intoxicated, or who shall be found in a state of intoxication, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $20, or may be imprisoned in the County Jail not exceeding sixty days].
By Mr. URMSTON [S. 319]: To amend Section 62 of the Justices election act of June 9, 1852.
By Mr. WHITE [S. 320]: To amend Sections 17, 18 and 29 of the general city repealing act of March 14, 1867. [To allow Marshals the same fees as Constables, and Mayors the same fees as Justices.]
And then, at 12:45 p. m., came the recess till 2 o'clock p. m.
AFTERNOON SESSION.
THE CIVIL CODE.
On motion by Mr. BROWN, in the absence of the Lieutenant Governor, Mr. Comstock took the Chair, and directed the Secretary to read the bill [S. 271] concerning procedure in civil cases, which was proceeded with and continued till Section eight hundred and twenty-six (826) was reached, when, at 4:12 o'clock--
Came an adjournment till Monday morniang at 10 o'clock.
page: 236[View Page 236]HOUSE OF REPRESENTATIVES.
SATURDAY, February 26, 1881--9 a. m.The session was opened with prayer by Rev. Rufus D. Flack, pastor of Pattison M. E. Church, of this city.
The reading of the Clerk's journal of the previous day's proceedings was dispensed with.
REPORTS FROM COMMITTEES.
The Judiciary Committee returned the bill [H. R. 317] relating to County Recorders, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, the bill [H. R. 341] abolishing capital punishment, recomending its passage.
The report concurred in, the bill was read the second time and ordered engrossed.
Also, the bill [H. R. 386] regulating marriages, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, the bill [H. R. 308] concerning married women, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, the bill [H. R. 381] in relation to Mayors of cities and voting for city officers, with the following amendment: Insert after the word "vote" the words "in case of a tie." When so amended recommending its passage.
The report was concurred in. The bill was read the second time and ordered engrossed.
Also, the bill [H. R. 271] concerning Clerks of the General Assembly, recommending its passage with the following amendment: Add to the first section "provided, that at any time, when the duties of the principal Clerk of the House or principal Secretary of the Senate may require it either of said officers may appoint one additional clerk, by and with the consent of the House, to perform any duties that may be assigned him."
The report was concurred in,. The bill was r ad the second time and ordered engrossed.
Also the bill [S. 176] in relation to the adoption of heirs, recommending its passage.
The report was concurred in, the bill was read the second time and passed to the third reading. Also the bill [H. R. 281] in relation to securing sub-contractors for work done on railroads, recommending that the bill lie on the table.
The report was concurred in.
Also the bill [H, R. 219] in relation to husband and wife, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
MECHANICS' LIENS.
Also the bill [H. R. 69] in relation to liens of laboring men, recommending its passage with the following amendment to Section 3: "Provided that the lien shall not have preference over any previous recorded lien, judgment or mortgage; provided such lien, judgment or mortgage is for value received; also provided that proper notice shall be given to protect innocent persons in the purchase of property subject to the lien.
The report was concurred in.
Mr. GIBSON moved to recommit the bill to the Judiciary Committee with instructions to amend so as to define what shall be a proper notice.
Mr. MITCHELL--If I understand the purport of the law as to a proper notice, it is that there shall be a record. If that be true, I am opposed to referring this bill any more. It has been referred a time or two, therefore I move to lay the motion on the table.
This motion was agreed to.
Mr. EDWINS moved to refer the bill to a Special Committee of Three with instructions to insert a section to define what constitutes a proper notice.
Mr. MOODY--I am opposed to this bill passing in its present condition. I think the bill a good one when it is amended so that all persons will be equally protected. This bill provides--in Section 1--that hereafter all property of any Company, corporation, firm or person engaged in any manufacturing, mechanical, mercantile or commercial business is liable for all debts contracted on account of work done, or services rendered by laborers, mechanics or employes which have accrued by reason of their labor or employment in and about the business of such Company, corporation, firm or person.
Section 2 provides that all claims growing out of the above causes are liens upon all stock on hand and all property which is employed by any such Company, corporation, etc.
Section 3 provides that such liens shall take preference of any claims of other creditors growing out of any other causes than those above enumerated, and of any claim because of the relation of wife or married women, and shall be enforced and collected as other liens are enforced and collected. Section 3 has been amended, by concurrence in the report of the Committee, so that it provides that proper notice shall be given to protect innocent purchasers of any property subject to any liens provided for in this bill.
Now, Mr. Speaker, I think this bill should be referred to a Special Committee with instructions to define what shall be a proper notice. If the act itself does not define and prescribe what shall be a proper notice, then the bill can have no effect at all and will only open a door for litigation in every case. The gentleman from Owen [Mr. Schweitzer] says that the statutes provide what shall be a proper notice. I think the gentleman on examination will find that it does not, and if he insists on a vote on this bill as it is, I am satisfied it will be defeated. I-am a friend to the bill and desire to see it passed when properly amended so that any man may know where to look for the evidence of liens and thereby enable him to protect himself if he be vigilant, and will not be left for some Court or Jury to say that his case is an exception and he has had no proper notice and he must lose his investment.
A motion to lay on the table the motion to recommit to a Special Committee was rejected by yeas, 28; nays, 47.
Mr. SCHWEITZER said the statute defines fully what constitutes a proper notice, and that it is unnecessary to refer this bill again.
Mr. FRAZER said every statute prescribes the time in which notice must be given. He thought this measure would be inoperative and amount to nothing if it passed.
The motion to refer to a Special Committee was agreed to, and the SPEAKER appointed Messrs. Edwins, Wilson of Morgan, and Roelker as said Committee.
PATERNITY OF REVENUE BILLS.
By consent, Mr. CAUTHORNE made the explanation to the House in regard to the tax bill introduced and referred to the Committee on Ways and Means, He said the bills go under the name of the gentlemen introducing them, but are virtually bills drafted by the Committee on Ways and Means. He cautioned the Members to consider well before they passed these measures.
SESSION HOURS.
Mr. BUSKIRK offered a resolution that when the House adjourn it shall be to meet again 10 a. m. February 28, 1881.
Mr. FALL moved to amend the resolution, making the hour for adjournment to-day at 4 p. m., to re-convene at 9 a. m. on Monday.
The amendment was rejected and the resolution was adopted.
EXTRA ALLOWANCE TO COMMITTEEMEN.
The Committee to which was referred the resolution requesting the allowance of expenses of the Prison Committee, reported that they are page: 237[View Page 237] unable to make any recommendation in regard to the matter knowing no rule of the House governing or allowing them to make such allowance. The Committee recommend that the House adopt one of the three following plans:
(1) That Committees that officially visit Public Institutions under order or leave of the House, be allowed the same mileage as members, and per diem equal to the ordinary charges of hotels; or
(2) That Committees which officially visit Public Institutions under order or leave of the House be allowed the amount of their actual traveling expenses, to be set forth in itemized bills; or
(3) Those visiting Public Institutions under order of the House, be allowed to do so and pay their own expenses.
The report was laid on the table.
THE CRIMINAL CODE.
On motion by Mr. RYAN, the consideration of the bill [H. R. 367] concerning criminal proceedings was resumed.
Mr. MOODY moved to amend Section 239 of the bill by striking out of the section all after the word "thereof," being these words: "The single evidence of the cashier of the bank purporting to have issued the same may be received as sufficient." He thought the amendment ought to be adopted for the reason that the single evidence of any person, even though he may be a cashier of a bank, ought not to be conclusive evidence to establish a fact that would deprive a man of his liberty; and for the further reason that this principle is susceptible of great abuse in the hands of designing men, who might avail themselves of this provision not only to prosecute an innocent man, but in many cases to relieve the criminal.
Mr. NEFF was of the opinion that if a party is charged with stealing a bank note or bill, you have got to show the fact that he did steal that property, also that the bill or note was genuine, and, in case of larceny, the Prosecuting Attorney ought not to be required to hunt up three cashiers, as is required in the preceding portion of this section; therefore, he opposed the motion to strike out this proviso.
Mr. BUSKIRK said when a cashier comes in and swears that a bill is genuine, a suspected criminal should never be convicted upon the evidence of a single individual.
Mr. MOODY--It makes no difference about this part of the evidence, beause the evidence required by the cashier is to make a prima facia case and put it to the Jury. The State rests there. That would be the case if this were stricken out. There is nothing to prevent the State's Attorney from introducing all the evidence at their command, but, on the contrary, it is his duty.
Mr. RYAN--This clause does not go to the question involved in case of forgery or crime, but to the question of value of the property alleged to have been stolen. Further, this rule is not obligatory in law, but in the absence of other testimony, in case where there is no other testimony that can be introduced to meet just such cases as would fail for the want of testimony of that kind. I think it is well that the testimony in such cases, that the testimony of one cashier may be taken as sufficient on the value of property.
Mr. MURRAY offered as a substitute for the amendment to Section 239, by adding to the section the words, "when not contradicted."
The substitute and the amendment were rejected.
Mr. STEWART moved to amend Section 259 [manner of procedure in criminal cases] by adding after the word "case" the following: "If the defendent or his counsel refuse to argue the case after the Prosecuting Attorney has made his argument, that shall be the only argument that shall be allowed in the case."
Mr. STEWART said it did not change the law any more than where the Prosecuting Attorney had made the opening argument and the opposing counsel refuses to come forward, that no other attorney shall be permitted to take his place. This amendment can not do any harm to the present text of the bill.
Mr. GIBSON said, under the operation of this amendment, advantage would be taken in cases where, by some mishap, the opposing counsel fails to respond. He moved to lay the amendment on the table.
This motion was rejected.
The amendment was adopted.
Mr. BUSKIRK moved to amend Section 239 by striking out at the close of the section the word "sufficient," (being in the sentence "the single evidence of the cashier of the bank purporting to have issued the same may be received as sufficient"), and insert the following words: "And admit prima facie evidence."
The amendment was adopted.
The reading of the bill [H. R. 367] by sections was finished, and the biil was passed to the third reading by yeas, 81; nays, 0.
ELECTION BOARDS.
The Committee on Elections, to whom was referred the bill [H. R. 403] concerning officers and Boards of Elections, reported on the same, recommending its passage with amendments.
The report was concurred in and the bill was read the second time.
GENERAL LEGALIZATION OF ELECTIONS.
Mr. WRIGHT moved to take up the bill [H. R. 280] for the general legalizing of city and town elections. He said several members of this body have been deterred from introducing bills on the subject, upon the presumption that this bill would be hurried through and become a law.
The motion was agreed to.
Mr. Wright's bill [H. R. 280] to legalize the election of officers of incorporated towns in this State, and the official acts and proceedings of Township Trustees and other officers, etc., was read the third time and passed--yeas, 78; nays, 0.
THE WORLD'S FAIR.
By consent, Mr. Furnas' bill [H. R. 346] to provide for a Superintendent and Board of Managers for this State at the World's Fair, to be held in the city of New York in 1883, being read the third time--
Mr. FURNAS said this is a bill to provide for Indiana's representation at the World's Fair. We have great mineral, agricultural and horticultural wealth, but we can not exhibit it, of course, without some expense. The object of this bill is to make our resources fully known to the world and induce a better class of immigration to settle in Indiana. The appropriation asked for is not as extravagant as those of our sister States. Kansas appropriated a great deal more money, also Illinois and Ohio. Indiana being situated right in a central location, with all its railroad facilities and resources yet to be developed, it would be a shame not to be represented at the World's Fair.
The bill failed to pass--yeas, 40; nays, 40--for the want of a constitutional majority.
COMMITTEE CLERK.
The concurrent resolution, providing for the appointment of a Clerk for the Special Committee to investigate the Indiana Soldiers' and Seamen's Home and Asylum for Feeble Minded Children, such Clerk to be allowed the same as other Clerks of the House, was adopted.
JUSTICES' JURISDICTION.
Mr. NEFF submitted a majority report from the Committee on Judiciary on the bill [H. R 260] to grant exclusive jurisdiction to Justices of the Peace in certain misdemeanors, recommending that the bill lie on the table.
Mr. TETER, of the same Committee, submitted a minority report on the bill [H. R. 260] to grant page: 238[View Page 238] exclusive jurdiction to Justices of the Peace, etc., recommending its passage.
Mr. WILSON, one of the minority of that Committee, thought a Justice of the Peace should have exclusive jurisdiction where the fine does not exceed $25. He appealed to the House for concurrence in the minority repot, as a large majority of charges brought before the Grand Jury are unimportant and expensive, and justice could be obtaied fully as well before a Justice of the Peace.
The minority report was rejected, and the majority report was concurred in.
Then the House adjourned to meet on Monday, at 10 a. m.
