THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE.
TUESDAY, March 15, 1881--2 p. m.The Senate met pursuant to adjournment--Lieutenant Governor Hanna in the Chair.
The reading of the Secretary's minutes was dispensed with, and the Clerk proceeded with the reading of the bill [H. R. 204] concerning taxation--commencing at Section 139.
Mr. MENZIES called attention to the fact that the pending question was on concurring in a Committee amendment to Section 128 but inasmuch as there was a slim attendance of Senators, at his suggestion, it was informally passed over.
Mr. CHAPMAN offered a substitute for Sections 139, 140 and 141. He stated to the Senate that his substitute contains every provision in the three sections, except one feature which is found in the next section succeeding. The substitute contains every provision in the three, and is shorter than either one of the three for which it is offered as a substitute.
The substitute was adopted relating to the County Boards of Equalization, as follows:
SECTION 139. It shall be the duty of such Boards at such meeting to inquire as to the valuation of the various classes of personal property in the respective Townships and divisions of the County, and to make such changes, whether by way of increase or decrease in such valuation, as may be necessary to equalize the same as between the Townships, or divisions of Townships, and to determine the rate per cent. to be added or deducted in order to make a just and equitable equalization. In the year in which real estate is assessed it shall be the further duties of the Board to make in like manner an equalization as to the value of the real property in the respective Townships and divisions, so as to conform throughout the County to a just and equitable standard reference being had to the natural and artificial characteristics and surroundings and other elements of value. Such Board shall also have power in proper cases to reduce or increase the valuation of any particular tract or lot upon complaint being made to them; provided, that no increase shall be made upon complaints of another without notice to the owner or his agent, if a resident of the County. Any general changes in the valuation of personal or real property in any Townships or divisions shall be subject to the limitation contained in the next succeeding section.
Mr. CHAPMAN offered a substitute for Section 142, covering the same ground, but transposing the first two features and eliminating the County feature, to correspond with several amendments which have been made to the bill heretofore.
The substitute was adopted as follows:
Sec. 142. Such board may consider lands, town lots and city lots as separate classes if necessary for the purposes of equalization and determine a per cent. of addition or reduction for each or any of said classes within the respective Townships or as between the several Townships or other divisions. The Board shall have no power to reduce the aggregate valuation of all the Townships below the aggregate valuation as made by the Assessors, nor increase the same beyond the amount actually necessary for a proper and just equalization. If the Board shall find the aggregate assessment is too high or too low or as generally so unequal as to render it impracticable to equalize the same, it may set aside the assessment of the whole County, or of any Township or Townships therein, and order a new assessment, with instructions to the Assessor to increase or diminish the aggregate assessment of their respective Townships in such amount as the Board may deem right and consistent with law.
Mr. BELL noticing that Section 144 requires the State Board of Equalization to meet on the third Monday in July of each year, and regarding that as a very unpleasant time of the year for such meeting--moved to substitute the word "June" for the word "July."
The motion was agreed to.
Section 149, concerning the abstract of assessment, County Auditor's are required to transmit to the Auditor of State, being read--
On motion by Mr. BELL it was amended by making the time for the report on or before the 10th of "June," instead of "July," in each year.
page: 33[View Page 33]Mr. CHAPMAN moved to amend Section 159 by getting rid of six or eight lines of verbiage which adds nothing to the proposition in the section.
Mr. GRAHAM inquired if the amendment would admit of the pernicious practice of employing what is known as "ferretts" by the County authorities?
Mr. CHAPMAN--The amendment does not bear upon that one way or the other--it does not change the purport or scope of the section.
Mr. GARRIGUS suggested to make section more complete there ought to be a proviso added that every one passing through the County should visit the Auditor, take off his hat and make a profound bow to that official.
On motion by Mr. VIEHE, the amendment was amended and then adopted.
[The LIEUTENANT GOVERNOR appointed the same Joint Standing Committees as last session, except that Mr. Urmston is put on the Committee on Enrolled Bills in place of Mr. Foster, excused at his own request.
Mr. GRAHAM moved to amend Section 159 by adding to it the following: "Provided that no person shall be employed or authorized to discover and list omitted taxable property, except the County Auditor, as in this section provided." He said the effect of this amendment will be to cut out these "ferrets." Under this system a great deal of abuse has grown up. The Board of Commissioners should be prohibited from making a contract with such persons.
Mr. URMSTON submitted it would not be right to put that kind of an amendment in that section, or the reason that it does not allow the County Auditor to employ any one to assist him. While it may be true that abuses have sprung up through parties employed by the County Commissioners to look after property failed to be listed, there is a way of reaching those parties, if there is any warrant of law for that kind of work. He did not think there is any law authorizing that kind of employment, and did not think that kind of an amendment ought to be inserted in this section.
Mr. GRAHAM referred to cases where property has been purposely omitted so that these ferrets might discover it, and collect from the County Treasury the 25 per cent. they are usually allowed for discovery. That is the abuse the amendment seeks to strike at. Such cases are numerous--it is a system of fraud and larceny that ought to be cut off, and this amendment will do that. The County Auditor is the person who should make these assessments--being a responsible party.
Mr. HEFRON--Whenever the Auditor has reason to believe that property has been omitted in whole, or in part, he has the right to summon the party before him to show cause why that particular property has not been placed on the tax duplicate. And he may in various ways make a search. He may make examinaton of records for judgment or mortgages, or search the premises for tangible property; but under this amendment it is proposed to put this labor on the County Auditor without compensation.
Mr. GRAHAM--Is not this labor imposed upon that officer in the section without the amendment?
Mr. HEFRON--The authority and license is given him--that is all. It is left optionable with him. The County Auditor is not going out of his way to hunt up sequestered property without extra pay. He must first discover the property before he can place it on the duplicate, and he should have some 1ittle authority to have that done.
Mr. CHAPMAN believed sufficient machinery should be set to work to carry into execution the laws without employing persons under special contract. It is bad policy to employ persons for such purposes on special contract. It is inharmonious with our system of Government, and tends to make officials derelict in duty. He moved to add to the section the following, as a substitute for the amendment: "Provided that no person other than officials provided for in this law shall be employed by the County Commissioners to discover omitted property."
Mr. GRAHAM withdrew his amendment, preferring this substitute.
The amendment (Mr. Chapman's proviso) was agreed to.
On motion by Mr. VIEHE, the following words were added to the fourth clause of section 160: "But when personal property is required to be listed in a Township different from that of the owner's residence, it shall be taxed in the Township where listed."
On the further motion of Mr. VIEHE, Section 170 was changed in phraseology so as to make it consistent.
On motion by Mr. BELL, Section 162 was amended so as not to change the idea, but improve the phrsseology.
Mr. Foster made an ineffectual motion to strike out Section 171 He thought it wrong to make the County Auditor hunt up taxes all over the County, and leave his office to gather up facts required of him in this section without extra pay.
On motion by Mr. GRUBBS, the following was substituted for Section 172: "County Auditors shall not be authorized to credit the Treasurer with any uncollected delinquency for which he claims credit, unless such Treasurer shall show by proper returns, as above provided, that he has diligently sought for and has been unable to find any personal property from which to collect such taxes; or that having made a levy he was enjoined or otherwise prevented from making sale or collection by a Court of competent jurisdiction; and in all cases where he has failed to make demand upon residents who are delinquent, or to levy and sell when personal property can be found in the County, out of which to make the tax, he shall be liable on his official bond for such uncollected delinquency, and 10 per cent. damages thereon."
Mr. CHAPMAN could see no reason for the feature in Section 176 which provides that at sales by the County Treasurer for delinquent taxes due it shall not be necessary to offer the property in parcels. He could see no reason why the prperty should not be offered in the usual way--by articles. Great fraud could be perpetrated against the owner by offering the property in bulk, and no hardship could come by offering it in parcels. He moved to strike from the section that portion of it.
This motion was agreed to.
On motion by Mr. FOSTER, Section 178, allowing redemption of property sold by the County Treasurer for non-payment of taxes, was stricken out.
On motion by Mr. SPANN, Section 179, also relating to redemption, was stricken out.
On motion by Mr. VIEHE, the words "and expenses for taking care of property levied" were added to Section 180, providing fees to the Treasurer for making sales.
Mr. CHAPMAN moved to strike from Section 191 the clause authorizing collection by distress and sale from administrators, guardians and trustees all penalties for delinquency in payment of taxes on trust property when there is money enough on hand to pay the same.
Mr. BELL--We ought not to provide for collection by distraint from anyone acting in a fiduciary capicity. This ought not to apply to executors, administrators or guardians. Why should the old law be re-enacted? If any such officer has money in his hands and allows penalty to accrue for non-payment of taxes, he is liable under existing laws, for it is a violation of his official duty.
The motion to strike out was agreed to.
Mr. BUNDY moved to increase the printer's fee for printing the delinquent tax list in Section 206 from fifteen cents per description to twenty-five cents.
page: 34[View Page 34]Mr. BROWN made an ineffectual motion to make the fee "fifty" cents.
Mr. FOSTER moved to fix the price at thirty-five cents. He did not like to place this price too high nor too low. He was trying to raise the price that exact justice may be meted out, not only to all printers in the State but to a rival also. He never printed a delinquent list in his life. In a County the size of his the printer must keep on hand some $250 or $300 worth of type used for no other purposes, and pay from sixty to eighty cents per 1,000 ems for setting up type for delinquent lists.
Mr. SPANN favored the amendment--whatever may be a fair fee--and accepted the statement of the Senator from Allen (Mr. Foster) as correct.
Mr. BROWN referred to the fact that past legislatures had placed this fee at sixty to seventy cents, and his proposition a few minutes ago was not as high as that. The Brownstown paper says this work can not be done for less than forty-five cents. As long as his amendment was rejected, let the price be not placed less than thirty-five cents per description.
The amendment (Mr. Foster's) was adopted, and the Committee report as amended was concurred in. Mr. URMSTON moved to amend by adding to Section 206 the words; "And the same to include the heading and the Auditor's certificate."
Mr. KEISER had no objection to this amendment, for it is seldom any publisher claims that now The Attorney General has decided that the publisher can not charge for the heading or the Auditor's certificate to the delinquent list--that is all included in the price paid for each description.
Mr. SPANN thought the amendment ought not be adopted. The printer ought to be paid for this at a fair rate--perhaps a dollar a square. The County is more able to pay than an individual.
Mr. FOSTER stated that years ago in some of the Counties, editors were in the habit of leading the heading and certificate so as to run up a considerable bill, when the Legislature cut that off by refusing to pay for the heading or certificate. If an amendment were offered to prevent that kind of leading or slugging, it would be right and proper to pay for the printing of the heading and the certificate. The editor should not be compelled to give any space in his paper without compensation, for that is his bread and butter. I wrong, radically wrong, to require these publications without pay.
Mr. CHAPMAN regarded the publication of delinquent lists as of no use except to the newspapers that print them and the fellows who buy tax titles. The tax-payer knows whether his taxes are paid or not. Thirty-five cents per description is a fair compensation--just to the smaller Counties.
Mr. GRUBBS moved as a substitute these words: "And no additional fee shall be charged for the headings or Auditor's certifcate."
Mr. URMSTON accepted this substitute and withdrew his amendment.
Mr. KEISER had published several delinquent lists, but had never charged for the headings or the certificates; but, as the Senator from Rush (Mr. Spann) very pertinently said, it is unfair to make publishers do this work for nothing. Set the headings and the certificates in as small type as you can and they will take up the space of from forty to fifty descriptions, and it is hardly fair to ask this of publishers without any compensation. In Marion County, where the printing of the delinquent list amounts to $2,000 or $3000, the printer can afford to do the work for fifteen cents a description, but in Counties were there are only 200 or 300 it is not a big job.
Mr. CHAPMAN called the attention of the Senators to the fact that it is the poor tax-payer you are burdening this tax with for the benefit of the printer. Fifteen cents, the price fixed by the House of Representatives, is too low. That price was fixed upon after consultation with various publishers. It was found that the list could be, and would be, published in the larger Counties for fifteen cents a description, but that is too low for the smaller Counties. Now the Senate has fixed the price at thirty-five cents, which is more than double what the evidence shows the list would be printed for in this County.
Mr. BROWN could see no reason why this work should be required of the printer without pay. He moved, as a substitute, "that for the publication of the headng and Auditor's certificate to such list there shall be allowed the same compensation paid for legal advertising, which is set solid."
On a motion to adjourn, the yeas and nays were demanded, and, being ordered and taken, resulted--yeas, 12; nays, 26.
No quorum voting--
Another motion to adjourn was made agreed to without a division.
HOUSE OF REPRESENTATIVES.
TUESDAY, March 15, 1881--2 p. m.The session was opened with prayer by Rev. Halloch Floyd, Member from Wayne County.
The reading of the Clerk's journal of Friday's proceedings was dispensed with.
OTHER CONSTITUTIONAL AMENDMENTS.
Mr. HUSTON offered a joint resolution that an amendment be proposed to the Constitution, to be submitted to the electors of the State. Amend by adding sections: (1) Prohibiting the manufacture, sale, keeping for sale, of spirituous, vinous, malt or other liquors, except for medical purposes; (2) the General Assembly shall provide by law in what manner and what place such liquor shall be sold for such purposes.
The joint resolution was referred to the Temperance Committee,
DRUGGISTS--LIQUOR SELLERS.
The SPEAKER announced the special order, viz.: The consideration of the bill [H. R. 420] licensing persons carrying on the business of druggist and apothecary to deal in spirituous, malt and vinous liquors, prescribing penalties, etc., which was read the second time.
Mr. COLE moved to amend the bill by striking out all of Sections 2 and 3, Section 1 being: "Every person carrying on the business of drugstore and apothecary shall pay to the Treasurer of the County $5 as a license for one year, etc., which sum shall be paid into the school fund." Section 2 being: "Upon the presentation of such receipt to the Auditor of the County he shall execute to the person a certificate stating to him the delivery to him of the receipt, and that such person is licensed to carry on the business for one year from date of the receipt."
Mr. SCHWEITZER was of the opinion that druggists had no more right to sell whisky than dry goods stores.
Mr. FRAZER--I move that this bill be referred back to the Committee on Temperance for amendments so it will pass. It will never pass this way.
The amendment was withdrawn and the motion to refer was agreed to.
BENEVOLENT INSTITUTIONS.
The SPEAKER announced the special order, being the bill [H. R. 255] concerning the organization of the Benevolent Institutions--providing for the appointment of Trustees thereof, etc. A majority of the Committee on affairs of the city of Indianapolis recommending its passage, and a minority of the same Committee recommending that the bill lie on the table, for the reason that it would complicate and make difficult the management of the Institutions; and for the futher reason that the object to be accomplished is a political one, the page: 35[View Page 35] Republicans seeking to oust the Democrats in the control of said Institutions.
Mr. McSHEEHY, in view of the fact that some members are not here to-day, moved that action upon the reports be deferred until one week from to-day.
Mr. MEREDITH moved to amend, by making the subject a special order for Thursday at 10 o'clock a. m.
The latter motion was agreed to.
PARTITION FENCES.
On motion by Mr. MEREDITH, the bill [H. R. 48] concerning inclosures and trespassing animals was made a special order for to-morrow (Wednesday) at 10 o'clock a. m.
REVENUE FOR PUBLIC LIBRARIES.
A majority of the Committee on Temperence reported on the bill [H. R. 89] concerning revenue from the sale of intoxicating liquors [to be appropriated to Public Libraries] recommending that the bill lie on the table.
A minority of the same Committee recommended the passage of the bill.
Mr. RYAN--It is only necessary for the House to understand the terms of that bill in order to concur in the report of minority. For the information of the House I ask that the bill be read.
Mr. Ryan's bill [H. R. 89] to authorize and empower Boards of County Commissioners or Common Councils of cities and Boards of Trustees of incorporated towns to appropriate to the support of Public Lbraries, organized by law, revenues derived by license for the saleof intoxicating liquors, being read--
Mr. RYAN--The purpose of this bill is to empower Boards of Commissioners, Common Councils of cities, Boards of Trustees, etc., to exact a license from every person selling intoxicating liquors, and under certain circumstances they may appropriate a certain portion of the revenue to the maintenance of the Public Libraries on condition that they shall be made absolutely free to all citizens in the locality. It seems to me there can be no two views of the feasibility of this measure. It is certainly in the interest of the people, the dissemination of useful information, and it is dividing the revenue, thus releasing the people from taxation for the support of Libraries. It is levying a contribution upon the whisky sellers for the benefit of education, and the dissemination of useful intelligence. It seems to me that the House ought to concur in the minority report and so recommend the passage of this bill. There could be no better use made of the funds derived from this source than the appropriation of all or nearly all of it to the maintenance of these Libraries. It does not affect the school fund materially because it is not a permanent fund; it is likely to be changed or disposed of by any session of Legislature. I hope the minority report will prevail.
Mr. BUSKIRK--I hope the minority report will not prevail, because it would be bad policy to take the license from the schoo1 fund, where it now goes, and put it in public libraries. My experience is that public libraries do not do a great deal of good. I think the present manner of disposing of that fund is better than the one proposed by the bill.
The majority report was concurred in.
REPORTS FROM THE COMMITTEE ON ROADS.
The Committee on Roads reported on the bill [H. R. 5] in relation to Supervisors of Highways, recommending that it lie on the table, the subject matter being contained in another bill reported favorably.
Report was concurred in.
The same Committee reported on the bill [H. R. 274] concerning gravel roads and other corporations, recommending its passage after amendment by substituting new matter after the enacting clause.
The report was concurred in and the bi11 was ordered engrossed.
The Committee on Roads reported on the bill [H. R. 348] concerning gravel and macadamized roads, recommending that it lie on the table, for the reason that the same matter is contained in another bill.
The report was concurred in.
The Committee on Roads reported on the bill [H. R. 188] to abolish the office of Supervisor, recommending that the bill lie on the table.
The report was concurred in.
Also on the bill [H. R. 230] concerning the working and improvement of roads and highways, recommending that it lie on the table.
The report was concurred in.
Also on the bill [H. R. 92] providing for bonds in th construction of gravel and macadamized roads, recommending that it lie on the table.
The report was concurred in.
Also, on the bill [H. R. 118] for the working of public highways by taxation, recommending that it lie on the table, as the same matter is included in another bill.
The report was concurred in.
Also, on the bill [H. R. 151] making Township Trustees Superintendents of Highways, recommending that the bill lie on the table.
The report was concurred in.
GRAVEL ROAD ASSESSMENTS.
Also, on the bill [H. R. 215] for the relief of plank, macadamized and gravel roads, recommending that it lie on the table.
Mr. RYAN--The report of the Committee should not be concurred in. This bill provides for the completion and approval of the assessments to extent of enabling owners of this class of roads to collect the pay for liabilities that have been incurred for the benefit of the community. There certainly can be no objection to this measure. Many roads were built in anticipation of this assessment under the then existing law, when the Legislature came along and wiped it out, and left these men bankrupts, growing out of the repeal of this law. It is right, it seems to me, that some such law should be passed to reimburse these men for their means invested.
Mr. FLOYD thought if this measure passed it would lay the foundation for extensive litigation.
On motion by Mr. RYAN, the bill was recommitted to the Judiciary Committee.
ROOMS FOR COMMITTEES.
The Special Committee on Rooms reported that in pursuance of the order of the House, they contracted for the two cottage rooms at the Grand Hotel at the prices directed; also that the office of Major Carter for the use of the Judiciary Committee was contracted for, and asking for a discharge of the Committee.
The report was concurred in.
REPORTS FROM THE INSURANCE COMMITTEE.
The Insurance Committee reported on the bill [H. R. 95] regulating Fire Insurance Companies, etc., recommending that the bill lie on the table.
The report was concurred in.
It also reported on the bill [H. R. 94] to regulate Fire Insurance Companies, recommending that the bill lie on the table.
The report was concurred in.
It also reported on the bill [H. R. 419] in relation to Tontine Insurance Companies, recommending its indefinite postponement.
On motion by Mr. BUSKIRK, action upon this report was deferred, awaiting the presence of the author of the bill.
The Committee on Insurance reported on the bill [H. R. 335] concerning foreign Insurance Companies, recommending indefinite postponement.
On motion by Mr. M'INTOSCH, action was deferred until the author of the bill is present.
The Committee on Insurance, reported on the page: 36[View Page 36] bill (H. R. 426] concerning corporations, recommending the passage of the bill with amendments.
On motion by Mr. HUSTON, the bill was recommitted to the Judiciary Committee.
FOREIGN INSURANCE COMPANIES.
The Committee on Insurance reported on the Revision Committee's bill [H. R. 344] concerning insurance, recommeding its passage with amendments.
On motion by Mr. CARTER, the bill was laid on the table and 200 copies ordered printed.
Mr. SCHWEITZER moved to amend the bill [H. R. 344] by adding the following section:
"All Insurance Companies organized pursuant to the laws of this State, before there is any business done in any County in this State, shall be required to procure from the Auditor of State a condensed statement of their condition--each shall contain such itemized statements of liabilities as the Auditor may deem it necessary to show the public the true condition of such Company, and they shall, before taking any risks or do any business in this State, cause such statements to be published in a newspaper in said County."
Mr. McSHEEHY, by request, offered the following amendment:
"And such Company shall cause such semi-annual statement to be published in one paper of general circulation in each County of the State of Indiana in which such Company transacts business, and shall file with the Auditor of State a copy of each publication, together with the certificate of each publisher attesting such publication, and the date thereof; provided that such semi-annual statement shall be set solid withont unnecessary display. Furthermore, such Company, for the fuller information and protection of the insured, shall attach to each policy when issued a true copy of the last preceding semi-annual statementof such Company."
Mr. BUSKIRK moved that the amendments offered to-day on this bill lie on the table and be incorporated in the motion to print.
Mr. MEREDITH made an ineffectual effort to lay this motion on the table.
The motion was agreed to.
STREET COMMISSIONERS.
The Committee on Cities and Towns reported on the bill [H. R. 228] concerning streets and alleys, recommending its passage with amendments.
On motion, the bill was referred to the Judiciary Committee.
ANOTHER CONSTITUTIONAL AMENDMENT.
Mr. FURNAS offered a concurrent resolution for a proposed amendment to the Constitution, providing that, in all elections not otherwise provided for by this Constitution, every citizen of the United States of the age of twenty-one years and upward who shall have resided in the State six months and in the Township sixty days, the Ward or Precinct thirty days immediately preceding such election, and every person of foreign birth of the age of twenty-one years and upward who shall have resided in the United States one year and in the State six months, and Township sixty days immediately preceding such election, and shall have declared his intention to become a citizen of the United States, comformable to the law on the subject of naturalization, shall be entitled to vote in the Township, Ward or Precinct where he shall reside continually, and was duly registered according to law.
Resolved, that this amendment, when voted upon, shall be designated No. 1.
The resolution was referred to the Committee on Female Suffrage.
COMMISSIONER OF FISHERIES.
The bill [S. 24], authorizing the appointment of a Commissioner of Fisheries for the State of Indiana, defining the duties and making appropriation to defray the expenses thereof [amount, $2,000], was read the first time and referred to a Special Committee.
FEES AND SALARIES.
The bill [H. R. 311], to amend Section 26 of the fee and salary act, was read the second time.
On motion by Mr. BARNETT, the bill was ordered engrossed.
SENATE BILLS READ THE SECOND TIME.
On motion by Mr. MEREDITH, Senator Comstock's bill [S. 192] to legalize the proceedings of School Trustees of Milton, Wayne County, was read the second time.
On motion by Mr. LINDSAY, the House took up Senate bills on second reading.
Senator Comstock's bill [S. 169] amending an act defining who are persons of unsound mind, and authorizing the appointment of guardians for such persons, powers, duties, was read the second time.
Senator Compton's bill [S. 40] amending Section 3 of an act of March 5, 1877, providing for Township elections, was read the second time.
Senator Van Vorhis' bill [S. 27] amending Section 1 of an act concerning the election of Justices of the Peace was read the second time.
Senator Langdon's bill [S. 157] amending Section 4 of the act concerning guardian and ward, approved June 9, 1854 was read the second time.
Senator Henry's bill [S. 151] amending Section 7 of the act for the incorporation and continuance of Building Fund and Saving Fund Association was read the second time.
Senator Langdon's bill [S. 149] to amend Section 28 of the act providing for the organization of Savings Banks and the proper management of their affairs, was read the second time.
Senator Viehe's bill [S. 153] to amend Section 1 of an act to provide for voluntary assignments--for personal and real property--was read the second time.
On motion by Mr. FRAZER, the bill [H. R. 138], regulating charges of railroads, was ordered engrossed.
Then came an adjournment till to-morrow.
