IN SENATE.
WEDNESDAY, March 23, 1881--10 a. m.SOLDIERS' ORPHANS' HOME.
The report of the Investigating Committee proposing to depose the Superintendent of the Soldiers' Orphans' Home and the Asylum for Feeble Minded Children, was concurred in, by yeas, 29; nays, 14; under the operation of the previous question holding over from the adjournment of Saturday.
Mr. Spann moved to reconsider the vote adopting the report, and to lay that motion on the table. The latter motion was agreed to, by yeas, 23; nays, 17.
CASS SUPERIOR COURT.
Another vote was taken on Mr. Kahlo's bill to abolish the Superior Court in Cass County--it having failed to pass February 28--the result being--yeas, 31; nays, 6; so the bill passed.
BANK CAPITAL STOCK.
Mr. Kramer's bill [S. 278] to amend Section 8 of this act regulating banks of discount and deposit in this State, approved February 7, 1873, so that the capital stock may be reduced, was read the third time and passed, by yeas, 35; nays, 1.
A TURNPIKE COMPANY.
Mr. Comstock's bill [S. 206], concerning the Richmond and Liberty Turnpike Company, was also passed--yeas, 35; nays, 0.
SALE OF STATE PROPERTY.
On motion by Mr. MENZIES, the bill [H. R. 175] to authorize the Auditor of State to sell to Wm. N. McCoy lot No. 77, in Jeffersonville, was passed through the three readings, and finally passed the Senate.
NOTES PAYABLE IN BANK.
Mr. Hefron's bill [S. 83--see page 182 of these Reports] in relation to notes payable in bank in this State, repealing all laws in conflict therewith, and declaring an emergency, was read the third time.
Mr. CHAPMAN said this bill would strike a serious blow at the commercial interest of Indiana. The Judiciary Committee made a recommendation that it be indefinitely postponed. It proposes to let in all defenses aganst a note payable in bank--such a propositfion as we can not afford to make part of the statute law of the State.
Mr. VIEIHE--In this State the law is not as in some others on this subject. In 1818 the law was passed which is substantially the present statute. He did not think the bill would answer the purpose intended, because it can be so easily evaded and opposed its passage for other reasons.
Mr. HEFRON could see no branch of business this bill could injure, were it to become a law. If such fact can be pointed out he was willing to ask leave to withdraw the bill. Its only purpose is to place notes payable in bank on the same footing with ordinary promissory notes. It can only affect the class of persons who go over the country for the purpose of swindling.
Mr. MENZIE--Bank notes perform the office of money only so far as they are kept in vaults or other reserve places till due. This class of paper has been made the cloak for frauds innumerable in this State; and the theory that they perform the office of money has been exploded long ago. If this bill will have but a little tendency to stop the mischief so loudly complained of all over the State following the making and negotiation of bankable notes, let it be passed.
Mr. SPANN opposed the bill, not on the ground of protecting a few verdant greenhorns, for there is plenty of law to punish those who go around forging the names of farmers on such class of paper. He believed every man has the right to make a contract and sign a bankable note, if he wants to do so. We ought not to strike down this class of commercial paper unless some better reason can be shown than to protect persons frequently as dishonest as the sharpers who get the notes.
The bill failed to pass--yeas 22; nays, 17.
AFTERNOON SESSION.
HOUSE BILLS READ THE FIRST TIME.
On motion by Mr. URMSTON, the bill [H. R. 462] to enable railroads to erect and maintain Telegraph Companies, etc., and--
page: 72[View Page 72]On motion by Mr. BUNDY, the bill [H. R. 176] to legalize the incorporation of New Pittsburg and Hoover Turnpike Company
Were severally read the first time and referred to appropriate Committees,
STATIONERY.
Mr. VAN VORHIS offered a concurrent resolution, which was adopted, requiring a report of the value of stationery used during the regular session by the Committees and officers of each House.
ASSESSMENT FOR TAXATION.
Mr. SPANN moved to concur in the report of the Committee of Free Conference on the bill [H. R. 204] concerning assessment for taxation.
Mr. CHAPMAN demanded the previous question, which was seconded, and under its operations the Senate concurred in the report.
OFFICES AND OFFICERS.
Mr. VAN VORHIS, from the Special Committee thereon, returned Section 250 of the bill [H. R. 325] concerning officers and offices, recommending a substitute section concerning County Physicians to prisoners and paupers.
Mr. SPANN believed this substitute section would make the Health Officer physician of the County, under pay, establishing and creating a new office in each Township. With the Board of Public Health act passed by this Legislature, under th section there will be no end to these kind officers, and no limit to their pay.
Mr. VAN VORHIS explained the substitute simply changed the original section by connecting the Health Officer with the duties of physicians to the poor. It will be a very great addition to the efficiency of the Board of Health act if this section be passed. On moton by Mr. OWEN, the substitute was amended so thaat the County physician shall receive no pay as health officer.
The substitute section was then adopted.
Section 258 authorizing the publicatlon in a newspaper of the largest circulation in each County a list of allowances made at each session of the county Board, being read--
Mr. FOSTER said the rule from time immemorial has been to give public printing to newspapers of general circulation. He moved to insert the word "general" instead of the word "largest" If the section remains as it is it would be productive of strife, which might frequently get into the Courts.
Mr. CHAPMAN said the day has gone by when newspapers having a large circulation desire to conceal it. The paper in accord with the Auditor would be the one selected under the proposed amendment without reference to the question whether the paper has the greatest circulation.
Mr KEISER thought it immaterial which word was used. This printing does not put much money in the printer's pocket--the pay is nominal. This statement ought to be published in two papers in each County. Every County can afford to pay for such publication at the price named.
On motion by Mr. HENRY, a substitute was adopted, providing for the publication in two papers having the largest general circulation representing the two leading parties in the County.
Mr. BROWN, from the special Committee there on, reported a substitute for Section 251, concerning County Attorneys, which was adopted.
Mr. FOSTER made an ineffectual motion to increase the pay for printing from five to eight cents per each allowance.
Mr. FOSTER moved to amend Section 260 so that the publication of uncalled for allowances shall be made in two papers representing the two principal political parties.
Mr. CHAPMAN--The question presenting itself is, if we are to go on and have all public printing done by two papers repreenting the two principal political parties?
The motion was rejected by yeas, 16; nays, 18.
Mr. BUNDY offered an amendment to Section 267 in the interest of temperance, so that no change of venue shall be taken from an order refusing to grant a license to sell intoxicating liquors.
Mr. BROWN thought the amendment ought not to prevail. There is no question in which public opinion will take such strong sides as in cases where resistance is made to an application for license to sell spirituous liquors.
Mr. SPANN favored the amendment. The only question on which Commissioners refuse to grant license generally is on moral character. There is right of appeal to Circuit Court. Then if change of venue is taken, the people in another County have not so much interest in the matter, and wrong may be done to the locality where the license may be issued.
Mr. FOSTER thought the liquor seller should have the same right to change of venue as other citizens.
Mr. MENZIES suggested the inadvisability of adopting this amendment, as it is in conflict with the civil code.
Mr. BELL said the Court would overthrow such an amendment--it would not be valid.
The amendment was rejected by--yeas, 12; nays, 27.
Mr. URMSTON made an ineffectual motion to amend Section 269, so that suits for claims shall be brought directly in the Circuit Court,
Mr. KRAMER moved to strike out Section 273 and 274, authorizing County Boards to contract for stationery. He thought it unwise. These supply firms will go into a collusion, one sending its solicitors in one part of the State, and another in another part.
Mr. FOSTER opposed the motion. It is better to advertise for proposals to furnish stationary needed for the County. Whoever bids the lowest is likely to furnish the articles needed.
The motion to strike out was rejected.
Mr. WOOD moved to amend Section 277 by authorizing County Boards to purchase the Statutes for Justices of the Peace.
Mr. MENZIES opposed authorizing Boards of Commissioners to furnish the Justices with the Statutes. If the bill authorizing the State to furnish them is ever to be heard from again that will cover the case if passed. It has been in Committee a long time, and seems to be asleep. Some one has chloroformed it probably.
Mr. HENRY (in his seat)--We will certainly hear from that bill some time soon in some way.
The motion was rejected.
Mr. BELL moved to amend Section 287 by striking out the word "bridge." This, is an old section, and this word has been the source of much trouble. This will make the Commissioners, in effect, select specifications before hand.
Mr. CHAPMAN said there ought to be a clause providing there shall be bidding for some certain character of structure.
On motion by Mr. HENRY, Sections 287, 288, 289 and 290, relating to contracts, were referred to a select Committee, viz: Messrs. Bell and Chapman.
The Senate adjourned till to-morrow.
