IN SENATE.
FRIDAY, March 11, 1881--10 a. m.Rev. G. F. Culmer offered prayer.
Leaves of absence were asked and obtained for a number of Senators from noon till Wednesday morning.
ROOMS FOR COMMITTEES.
The Special Committee appointed heretofore to secure rooms for the use of Senate Committees during the special session reported that it had contracted with the proprietor of the Grand Hotel for the same rooms used during the regular session, at two-thirds of the amount paid for their use during said regular session.
The report was concurred in.
ASSESSMENT FOR TAXATION.
The consideration of the bill [H. R. 204] for assessment and collection of taxes was resumed, commencing at Section 113.
Mr. VIEHE moved to amend the bill by adding a section preceding the last section of the bill, as follows:
"Notwithstanding the provisions of any other laws of this State during the present year, the Assessors shall have all the authority and perform all the duties on and after the 15th of April, and before the 15th of June, which, without the provisions of this section, he would have or be required to discharge on and after the 1st day of April, and before the 1st day of June. All statements required to be deferred to him, or to the Assessor, before the 1st day of June may, during the present year, be delivered before the 15th day of June. The Board of Equalization in each County, in the present year, shall meet on the 16th day of June instead of the first Monday of June, and notice thereof shall be given as required in this act, and immediately on the adjournment of the Board of equalization the Board of Equalization shall meet, and at such meeting, or at any special session held in said month of June, shall determine the amount of tax to be charged on each poll and on each $100 worth of property for County expenditures, and do all acts in reference to taxation which it might do at the regular June session; and all officers not authorized to do any acts, or or required to discharge any duty in regard to the levying of taxes at the June session of the Board of Commissioners may do the same act and shall discharge the same duty at such meeting or session of the Commissioners herein provided for."
On motion by Mr. GRAHAM it was referred to a Special Committee of three, which the Chair made to consist of Messrs. Graham, Viehe and McCartney.
Mr. VIEHE proposed a substitute for Section 114 of the tax bill, providing that all tangible property of Building, Loan, Fund and Savings Associations shall be listed, assessed and taxed as the like proprty in other cases. The Secretary of any such Association shall, between the 1st day of April and the 1st day of June in each year, furnish to the Assessor a statement under oath, with reference to the 1st day of April of the current year, showing: (1) The amount of money on hand or on deposit. (2) The amount and value of debts due the Association. (3) The amount due from the Association, if any. The Assessor shall then assess the fair cash value of the intangible property of the Association. Should any Association fail to furnish the statement, the Assessor shall make the assessment from any information he deems reliable. The taxes shall be assessed against the Association and be paid and collected as in other cases, and any Director who shall consent to any loan of its funds or to making any other disposition thereof, when the taxes then assessed shall remain unpaid, shall be personally liable for the payment thereof, and the shareholders shall not be taxed.
Mr. KRAMER moved to strike out Section 114. It would levy a double tax upon such Association. They never have any money on hand, at least not more than $200 or $300. The members are taxed on their personal and real property, and for the amount they pay in. This feature is covered sufficiently by other features in the bill. The shares in such Associations must be given in under other sections of this bill. When enough accumulates in the Association in sufficient page: 27[View Page 27] amount it is loaned out to members. The capital stock ought not to be taxed like banks which have capital stock on hand.
Mr. VIEHE spoke in favor of his substitute for Section 116. The section as it is now is neither just nor practicable. It makes no provision for any reduction. These Associations are sometimes compelled to take property to save debts, then it would be easier to collect the tax from the corporation than from the individual members. These corporations divide no profits--their operation is the reverse from banks--this section contemplates the tax shall be paid from dividents or profits, which is impracticable.
Mr. COMSTOCK--In order to make it consistent with other portions the section should remain in the bill.
Mr. HENRY favored the substitute amendment, which makes the collection of taxes much more simple.
Mr. KRAMER opposed the substitute, because it contemplates the assessment of mortgages due, which would be a listing of the same property of poor men twice. These substitutions should be fostered and not crushed by unjust taxation, as they are a great benefit to persons of small means, furnishing a plan under which they can make savings of little sums at a time, which eventually enables them to possess homes.
Mr. WILSON regarded the substitute as proposing a good feature. If this class of corporations could be constitutionally exempt from taxation it ought to be done.
Mr. HENRY--Though looking fair on its face the substitute would really work an injustice, as he proceeded to show. It is not the poor man that pays in the money, but the poor man that borrows from these institutions.
The substitute was agreed to.
Mr. SHAFFER read a motion that the amendments proposed by the Senate Committee to the bill under consideration be concurred in; that the amendments made thereto by the Senate be ordered engrossed and that the bill be placed on the files for the third reading.
Mr. CHAPMAN and other Senators (in their seats): "We must have the yeas and nays on that motion." "Yeas and nays."
Mr. SHAFFER saw no necessity for spending any more time on this bill. The Committee recommendations are about all that will do any good or tend to improve the bill one particle more than if we go on and read the bill section by section. He believed it would be an advantage to the Senate--to the Senate and to the people--to cut short this bill in this way. He hoped that this motion would carry and that the bill will be now ordered engrossed for the third reading.
Mr. CHAPMAN--'Yeas and nays."
The LIEUTENANT GOVERNOR--Of course Senators understand that if the yeas and nays are called we will have to stop right here. Unanimous consent was given to read this bill by sections, and to change that order it will take a two-thirds vote.
Mr. SHAFFER--I will withdraw my motion if requires a two-thirds vote.
On motion by Mr. VIEHE, it was ordered that the further consideration of this tax bill be postponed from the adjournment of noon to'day till Tuesday afternoon.
Mr. CHAPMAN made an ineffectual motion to increase the per diem of Township Assessors from $2 to $2.50.
Mr. KRAMER moved to amend Section 115 by making the election of Assessors for a term of two years, and at the spring instead of the fall elections, when there is less party feeling. As the compensation fixed will not tend to get the best men, in case a poor man is selected two years is long enough, and too long to serve. At the spring election voters will not pay as much attention to politics as at the general election.
The amendment was rejected.
Mr. SAYRE moved to strike all after the word "thereto" in the following section:
Section 126. In making out his list, the Assessor shall place opposite to each tract of land or lot listed the value without improvements, and also in another column opposite the value of the improvements erected thereon or affixed thereto, and opposite to each city, town, or village, lot, or part of a lot, the value, without improvements, and the value of improvements erected thereon or affixed thereto.
The motion was agreed to.
On motion of Mr. WILSON, Section 125, which prescribes the rules to govern the Assessor in ascertaining or deterining the quantity of land in the several tracts in his County; and Section 127, in relation to the return Assesors shall make to County Auditors, were both referred to a select Committee consisting of Messrs. Viehe, Chapman and Menzies.
Messrs Kramer and Smith offered amendments which were referred to the same Committee without reading.
The Committee amendment to Section 138 being read--
Mr. BELL doubted the propriety of adopting this amendment. If adopted, the Board of Equalization will be constituted without the Assessors, and there is great propriety in having Township Assessors members of this Board. They know why a certain valuation is placed on property. The Board does not sit long anyhow.
Mr. MENZIES said the Committee had restored the law as it is in Section 277 of the present statute. The Committee's view was that to have a Board of Equalization, with every Township Assessor a member of it, would make it too cumbersome. It would be something in the nature of a Convention instead of a Board of Equalization. They they are, to a certain extent, an adverse party to the land-holder. They put a valuation on his land, and they have a private opinion, to say the least, of the value of the land. The land-holder appeals from the judgment of the Assessor to the Board of Equalization, and ought this interested party to be a member of the Board and have a vote to sustain his own judgment in case of such appeal?
Mr. COMSTOCK--The Assessor may be called in to consult with the Board in cases of dispute.
Mr. BELL--This is a matter of some considerable importance. I don't want to call the yeas and nays upon it. It had better be passed over for the present.
Mr. URMSTON--I will demand the yeas and nays.
Mr. CHAPMAN--I move to adjourn till 2 o'clock.
The motion was agreed to.
AFTERNOON SESSION.
ALLOWING SEINING OF FISH.
Mr. HENRY introduced a bill [S. 336] to amend Section 1 of an act for the protection of fish, approved February 21, 1871 [so as to allow seining in the month of November], which was read the first time and referred to the Committee on Agriculture.
PETITIONS AND MEMORIALS.
Mr. CHAPMAN offered the following:
Resolved, That petitions, memorials and remonstrances may be filed by any Senator, at any time, with the Secretary of the Senate, and referred to such Committee as the Senate may designate, and so entered upon the journal of the proceedings of the Senate.
Which was laid over one day under the rules.
POLICE JUDGE FOR INDIANAPOLIS.
On motion by Mr. VAN VORHIS, the bill [H. R. 34] to provide for the election of a Police Judge in cities of 60,000 or more inhabitants, was referred to a Special Committee, viz: Messrs. Van Vorhis, Marvin, Chapman, Kramer and Shaffer.
page: 28[View Page 28]REPORTS FROM COMMITTEES.
Unde a rule of the Senate, Committee reports are placed on the files to be considered when the bill comes up on the second reading.
Mr. SHAFFER, from the Committee on Rights and Privileges, returned Mr. Graham's bill [S. 258--see pages 135 and 183] to provide for orphan and abandoned children, with a report substituting new matter therefor.
Mr. WOOD, from the Cosmittee on Insurance, returned Mr. Coffey's bill [S. 304] to increase the taxes paid by foreign Insurance Companies, with a recommendation that it lie on the table.
On motion by Mr. COMSTOCK, his bill [S. 306] concerning the Richmond and Liberty Turnpike Company, was read the second time and ordered engrossed for the third reading.
BILLS READ THE SECOND TIME.
On motion by Mr. WOOD, his bill [S. 220--see page 114 of these reports] in relation to highways purchased by the State of Indiana, and legalizing sales of such to Street or Horse Car Railway Companies, was read the second time and ordered engrossed.
On motion by Mr. GRAHAM, his bill [S. 81--see page 51] defining the manner in which certain lands and other property within the limits of incorporated towns and cities may be taxed, etc., was read the second time and ordered engrossed.
On motion by Mr. WILSON, his bill S. 254 for the protection of fish, defining certain misdemeanors, and providing penalties for the viololation of this act, was read the second time.
The LIEUTENANT GOVERNOR was about to put the question, as usual, without waiting for a motion, to order the bill engrossed for a third reading when--
Mr. BROWN objected to ordering the engrossment of bills, thus placing them beyond the reach of amendments without a reconsideration of the vote, with so slim an attendance of Senators.
On motion by Mr. CHAPMAN, his bill [S. 164] to amend Sections 6 and 16 of the act of February 8, 1836, incorporating the Indianapolis Insurance Company, was read the second time. He said this bill refers to the Bank of Commerce, the successor of the Franklin Insurance Company, which was organized when the Senator from Johnson (Mr. Brown) and myself were boys. The only change in the charter this bill proposes to make is allowing the Directors to be elected by the stockholders on the same basis that prevails in all other corporations--each stockholder having one vote for each share of stock--in that respect changing the old law, which did not allow stockholders to vote the whole amount of their stock. Another change is, that instead of using the phraseology that every stockholder shall be liable equitably, the bill makes every siockholder liable in three times the amount of stock--in that respect making them liable once over again from what stockholders in National Banks are. National Bank stockholders are liable once over again more than the amount of stock held by them. These are the only changes, and they affect only the stockholders in the Bank of Commerce of this city.
Mr. BROWN was always glad to accommodate the Senator from Marion (Mr. Chapman) and on this occasion would not only refuse to object to passing an order for the engrossment of his bill, but if the Senator so desires would also move to suspend the constitutional rule. [Laughter.]
The bill was ordered engrossed.
On motion by Mr. KAHLO, his bill [S. 219] to protect freight and freight care, definng a felony and prescribing punishment therefor, was read the second time and ordered engrossed for the third reading.
On motion by Mr. GRUBBS, the bill [H. R. 340] to legalize ordinance No. 53, passed by the Trustees of Edinburg, Johnson County, was read the first time and referred to the Judiciary Committee.
Mr. YANCY--I insist that the business we have done this afternoon will all have to be done over again--
Mr. BROWN (interrupting)--I make the point of order that the Senator is not in his seat.
The LIEUTENANT GOVERNOR--The point is well taken.
VOLUNTARY ASSOCIATIONS
Mr. CHAPMAN moved that the House amendments to Senate bill No. 32, to amend Section 2 of the voluntary association act be read for information, and if there be no objection that the House amendments may be concurred in. He said the bill contemplated an amendment to the present law so as to admit the organization of Companies for the purpose of dredging and ditching of rivers and creeks and the improvement of harbors; and all the House did was to add clauses allowing the formation of Hotel Companies, and Companies for the purpose of dealing in real estate, limiting the capital to $100,000.
The motion was agreed to, and the House amendmendments being read--
On motion by Mr. LANGDON, the bill and the amendment were referred to the Judiciary Committee.
PURDUE UNIVERSITY.
On motion by Mr. LANGDON, his bill [S. 177] relating to the endowment fund of Purdue University and providing for the re-investment thereof, was read the second time.
The LIEUTENANT GOVERNOR was putting the question as to whether the bill should be engrossed, when--
Mr. YANCEY interrupted by saying: This is not a Senate proper, and I object to ordering the bill engrossed for a third reading.
Mr. LANGDON explained that this University was founded upon a grant of our Congress of land script which realized $212,000. The Trustees, by careful management, have increased that fund to $340,000. An act of Congress provides that these funds can be invested only in certain specified securities, drawing not less than 5 per cent. interest. This bill asks authority for the execution to the University of a non-negotiable bond for some moneys that will be returned to Trustees on the 1st of April. That is all there is in it.
Mr. YANCEY withdrew his objection.
The bill was ordered engrossed.
INTEREST ON JUDGMENTS.
On motion of Mr. WHITE, his bill (S. 94) to amend Sections 1 and 2 of an act concerning interest on money--to make judgment follow a contract for 8 per cent.--was taken up.
Mr. BROWN objected to reading this bill the second time, and made the point of order that two-thirds of the Senators present did not vote to take up the bill out of order, as the rules required.
The PRESIDING OFFICER (Mr. Henry in the Chair).--The bill was taken up by consent.
Mr. BROWN insisted that he was objecting the whole time.
The PRESIDING OFFICER--The Chair so decides.
Mr. BROWN--I appeal from the decision of the Chair.
Mr. YANCEY--I move to adjourn.
The motion was agreed to.
And so an adjournment was had under an order heretofore adopted until Tuesday at 2 o'clock p. m.
