IN SENATE.
THURSDAY, March 17, 1881, 10 a. m.FEES AND SALARIES
Mr. COMSTOCK offered the following:
Resolved, By the Senate, the House of Representatives concurring, That the Committee on Fees and Salaries of the two Houses are hereby instructed to draft and report at the earliest day practical a bill fixing the fees and salaries of public officers.
The resolution was adopted.
ORDER OF BUSINESS.
Mr. CHAPMAN offered a resolution--which was adopted--that so soon as the bill [H. R. 204] concerning taxation is passed to the third reading, the Senate will proceed to the regular order of transacting business, under rule 54, except that afternoon sittings shall be exclusively given to the consideration of bills reported from the Committee on Revision, in such order as between such bills as the Senate shall order.
ASSESSMENT FOR TAXATION.
The Senate resumed the consideration of the bill [H. R. 204]--a codification of existing laws concerning taxation, with the addition of twenty-five sections of new matter. The question pending at the adjournment yesterday being a motion [Mr. Rahm's] to reconsider the vote adopting a substitute for Section 206 which does away with future publication of delinquent tax lists in each County.
The motion to reconsider was agreed to by yeas, 23; nays, 20--
Mr. RAHM stating, when his name was called, that he voted for the substitute on yesterday because he was in favor of keeping down the County expenses. He made the motion at the request of another, and should vote against his own motion.
The question recurring on the substitute it was again adopted by yeas, 23; nays, 22--as follows:
Yeas--Briscoe, Chapman Compton, Comstock, Davidson, Davis, Garrigus, Grubbs, Hart, Henry, Kahlo, Kramer, Lockridge, Majors, Menzies, Owen, Poindexter, Rahm, Shaffer, Viehe, Voyles, Wilson and Yancy--23.
Nays--Bell, Berry, Bischowsky, Brown, Bundy, Foster, Heffron, Hostetter, Hutchinson, Keiser, Langdon, Leeper, Macartney, Marvin, Ristine, Sayre, Smith, Urmston, Van Vorhis, White, Wood, Woollen--22.
Mr. HEFRON moved to amend the bill so as to require the Assessor and Deputy to administer the proper oath to every person assessed, so that every one shall be on an equal footing--to do justice to all tax-payers, and to meet that class of persons who will not give a proper value to their property. The amendment prescribes a penalty for failing to administer the oath.
Mr. GARRIGUS thought there should be a proviso, in case some other person gives in the list.
The amendment was agreed to.
Mr. KRAMER offered a substitute for five sections, concerning lands returned delinquent for successive years. The Auditor shall bring suit in Court and have the lands sold as other lands are sold by the Sheriff. These sections, as in the bill, would fill the Courts with suits to force the collection of taxes, and will bring about an unnecessary amount of costs resulting therefrom. Under the present system, nearly all lands advertised for taxes have been brought up by speculators. This amendment practically re-enacts the law under which we have been acting for years.
Mr. MENZIES--The sections proposed to be stricken out were carefully considered by the Board of Revision. He hoped the substitute would fail and the bill remain as is.
Mr. KRAMER insisted the sections, if allowed to remain, would make the bill odious. The only reason for retaining them is to make enormous fees for the Prosecuting Attorneys in every County in the State.
The substitute was rejected--yeas, 12; nays, 25.
Mr. COMSTOCK moved that the Senate amendments to this bill be considered engrossed and read the third time now.
Mr. BROWN resisted the motion. The Senate has made a great many amendments to this bill page: 44[View Page 44] since it came from the House, and they ought to be engrossed in fact before the bill is read the third time, so that Senators can compare the amendments with the printed bill, and see that they are properly engrossed.
Mr. COMSTOCK withdrew his motion except as to ordering the bill engrossed.
Mr. HEFRON had an amendment he would like to submit to the Senate as a substitute providing for the compensation of the Assessor.
Mr. COMSTOCK withdrew his motion.
Mr. VAN VORHIS considered Fast Freight Companies should be taxed if Express Companies are taxed, and he offered an amendment for that purpose.
The amendment was agreed to.
Mr. HEFRON moved to amend the bill by making the pay of Assessors ten cents for each person properly listed and assessed in cities, and fifteen cents in Townships, and $2 a day and no extra allowance in years when real estate is listed. Taking an average County in gross when real estate is not appraised, the cost of assessing personal property is about $2,700 in average Counties where the per diem of Assessors is $2.50 a day. The purpose of the amendment is to allow Assessors to work as they please. If paid by the day it makes but little difference to the Assessor whether he is diligent in business, or whether he stops to chat with every one he meets.
Mr. MENZIES favored the amendment, and would like to see it tried for two years, at least, and if it does not work well it can be repealed in two years. The amendment would be an inducement to hunt up tax-payers. In New Albany, the other day, in getting up a list of tax-payers on a petition, some 900 were found whose names were not on the Assessor's list.
Mr. CHAPMAN thought the amendment should prevail. It will be an inducement to bring in all the property subject to taxation, and it will enable the Assessor to earn over two dollars a day if he be diligent. For these two reasons the amendment should commend itself to the judgment of the Senate.
Mr. KRAMER thought 7 1/2 cents would be enough to allow the Assessors in towns per list, but double that amount should be allowed in Counties, and moved to so amend the substitute. The Assessor is necessarily compelled to travel a great distance in Townships to make assessments, while in cities and towns it is comparatively little labor. Where a man has to travel two or three miles, as is frequently the case in Townships, it is worth much more than in cities where the Assessor steps from door to door.
This amendment was rejected and the substitute adopted.
Mr. SHAFFER moved to reconsider the vote this morning by which the substitute adopted yesterday to Section 206 [to repeal the law requiring the publication of delinquent tax lists] was re-adopted.
Mr. VOYLES raised a question of order that this motion is not again admissable under the rules of the Senate. This substitute was adopted yesterday by a yea and nay vote of the Senate, and to-day it was re-adopted in a similar manner.
Mr. BELL insisted that rule refers to cases where the motion to reconsider was lost. These are two different votes we are now moving to reconsider.
Mr. CHAPMEN did not think it desirable to break down our rules for the purpose of taking a third vote on this question, which has twice been decided in the affirmative by a yea and nay vote. We might go on from now to the end of the session passing and reconsidering this substitute, ad infinitum, were it not for the rule that such a motion shall be entertained but once. The rule is laid down in Roberts that no question can be twice reconsidered.
Mr. SHAFFER would not insist on his motion, but would leave it to the decision of the Chair without argument.
The LIEUTENANT GOVERNOR was in some doubt.
Mr. BROWN referred to his motion by which the substitute was amended, (with unanimous consent) and that lets the Senate out of the trouble so well put by the Senator from Marion (Mr. Chapman).
Mr. VOYLES contended the amendment referred to was made by consent. If allowed, this might follow one motion upon the heels of another, till it would take up the entire session.
The LIEUTENANT GOVERNOR did not think the vote can be reconsidered a second time, judging from the authorities.
Mr. SHAFFER being satisfied that this motion is not in order, withdrew it.
Mr. BELL objected.
The LIEUTENANT GQVERNOR--The Senator has the right to withdraw his amendment.
AFTERNOON SESSION.
WORK FOR COMMITTEES.
The bill [H. R. 50] requiring hotels and lodging houses to provide means of escape in case of fire; [H. R. 112] amendatory of the act providing for the election and qualification of Justices; [H. R. 205] for the regulation of insanity inquests; [H. R. 194] to fix the ownership of property held for school purposes; [H. R. 191] to amend Section 120 of the Justice's act of June 9, 1852; [H. R. 122] to amend the act prescribing certain duties of Commissioners and other officers; [H. H. 192] to amend the Justice's act of June 9,1852; [H. R. 198] to amend Section 8 of the act of June 17, 1852, relating to trustees of voluntary associations; [H. R. 69] to provide for security and payment of laboring men, etc., and giving them liens; [H. R. 201] concerning County Prisons; [H. R. 271] relating to Clerks of the General Assembly; [H. R. 200] to amend the act of May 14, 1852, relating to decedents and the apportionment of estates; [H. R. 7] concerning quails and pheasants; [H. R. 65] legalizing the Christian College at Merom; [H. R. 141] regulating the sale of scrap metals; [H. R. 199] to amend Section 45 of the act of May 31, 1852, prescribing wo may make a will, etc.; [H. R. 48] to amend the act of June 16, 1852, concerning inclosures, etc.; [H. R. 17] to establish a Superior Court in Vigo County; [H. R. 435] to repeal an act providing for the payment of sundry bonds and stocks of Indiana issue prior to 1841; [H. R. 53] relating to the sounding of locomotive whistles; [H. R. 101] to amend Section 19 of the act establishing a Female Prison; [H. R. 102] to amend an act establishing a House of Refuge; [H. R. 81] to refund to Benton County extraordinary expenses incurred in a murder trial; [H. R. 88] to authorize execution sales of plank and other roads, and empowering purchasers to reorganize; [H. R. 340] to legalize ordinance 63, passed by the town of Edinburgh, etc.; [H. R. 126] requiring railroads to remove rubbish along their lines; [H. R. 134] concerning the employment of shorthand reporters; [H. R. 196] to abolish the office of Assessor in cities and towns; [H. R. 124] relating to sales of property by infants; [H. R. 202] to amend Section 126 of the Justices' act of June 9, 1852; [H. R. 46] to consolidate the Congressional Township fund for the purpose of loaning; [H. R. 197] to amend the act of June 9, 1852, concerning guardian and ward; [H. R. 172] requiring railroads to destroy Canada thistles and other noxious weeds on their right-of-way; [H. R. 193] to amend Section 10 of the decedent estates act of June 17, 1852, and repeal Section 70; [H. R. 195] to provide for the consolidation of two or more Agricultural Societies; [H. R. 227] to amend Sections 3, 8 and 11, and repeal 5, 6 and 7, of the Presidential Electors act; [H. R. 140] to authorize the election of women to school offices; [H. R. 237] concerning landlord and tenant; the House concurrent resolution requesting Congressmen to favor passage of an act making Treasury notes taxable; the House concurrent resolu page: 45[View Page 45] tion relating to the State's indebtedness to the Common School fund.
The above described bills and resolutions were read the first time and referred to appropriate Committees.
OFFICES AND OFFICERS.
On motion by Mr. FOSTER, the bill [S. 325], a compilation and revision of the existing laws concerning officers and offices, prepared by the Board of Revsion and the Joint Committee upon Revision of the Law, was taken up it having been heretofore read twice by title only.
Mr. VAN VORHIS thought this bill should not be proceeded with so slim a Senate--it s too important a measure. There are a number of other bills from the House that can be taken up.
Mr. KRAMER thought prncipals and sureties should have the benefit of a stay on execution. He moved to so amend Section 10 by striking out the last few words.
Mr. GARRIGUS favored the amendment.
The amendment was agreed to.
Mr. FOSTER moved to amend Section 13 by requiring two or more freehold sureties on official bonds.
Mr. CHAPMAN thought this bill provides sufficiently for sureties on bonds. He opposed the amendment, not seeing any reason to multiply number when it does not follow that it multiplies security.
The amendment was rejected.
When the Clerk reached Section 59--
Mr. CHAPMAN thought the reading of the bill should be suspended, that members may have an opportunity to examine the printed copy.
Mr. VIEHE said the bill has just been distributed, and he thought the suggestion a good one.
NEW PROPOSITIONS.
Mr. KEISER introduced a bill [S. 337] to authorize and empower Railroad Companies to construct, acquire, maintain and operate telegraph lines for commercial, mercantile and other purposes, which was read the first time and referred to the Committee on Railroads.
Mr. VIEHE introduced a bill [S. 388] prescribing the duties of Coroners in certain cases [shall perform the duty of Sheriff where the latter is incapacitated] which was read the first time and referred to the Judiciary Committee.
And then the Senate, adjourned till to-morrow.
