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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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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.

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