IN SENATE
THURSDAY, March 24, 1881--10 a. m.Mr. VOYLES, from the Joint Committee thereon, returned the bills [S. 84--see page 252 of these Reports; and H. R. 122--see page 119] relating to town elections--less than 3,000 population shall have but one voting precinct--with a favorable recommendation of the House bill after amendment.
The report was concurred in.
Subsequently, on motion of Mr. VOYLES, the bill [H. R. 122] was read the second and third times (under a suspension of the rules) and passed the Senate.
SURVEY OF SWAMP LANDS.
On motion by Mr. GARRIGUS, the bill [S. 300] appropriating $5,000 for the survey of wet lands by an engineer, to be appointed by the Governor, was read the second time the title only, the third time by sections (under a supension of the constitutional rule on Mr. BRISCOE'S motion), and passed the Senate by yeas, 31; nays.4.
A LEGALIZING ACT.
On motion, by Mr. HART, his bill [S. 274] to legalize the incorporation of a Baptist Association in Gibson County was read the second and third times and passed the Senate under a suspension of the constitutional restriction.
BANK OF COMMERCE.
Mr. Chapman's bill [S. 164--see page 28, vol. 20, of these Reports] to amend the act incorporating the Indianapolis Insurance Company (now the Bank of Commerce), making stockholders liable for three times the amount of stock, was read the third time and passed--yeas, 33; nays 3.
LANDS IN TOWNS AND CITIES.
Mr. Graham's bill [S. 81] to define the manner in which lands in town and city limits may be taxed for municipal purposes being read the third time--
Mr. GRAHAM explained the provisions of the bill: That parcels of land greater than five acres inside the corporate limits of cities and towns, used for agricultural purposes, may not be taxed for other than Township purposes. Its purpose is to stop abuses where large bodies of lands within corporate limits, used entirely for agricultural purposes, are taxed by municipalities.
Mr. HEFRON opposed the passage of the bill.
It was passed over informally, with the consent of the author.
PURDUE UNIVERSITY FUND.
Mr. Langdon's bill [S. 177. See page 28, vol xx], providing for re-investment of Purdue University funds in 5 per cent. twenty-year State bonds, being read the third time--
Mr. LANGDON explained: Its only purpose is to authorize the Trustees to pay the money of the University now in hand--$15,000--in the State Treasury; the State officers to issue to the Trustees a non-negotiable bond for $340,000, drawing 5 per cent. interest, taking up the bonds now held by that Institution for $125,000 and for $200,000, which have only some two year longer to run.
The bill passed by yeas, 38; nays, 1.
MEROM CHRISTIAN COLLEGE.
The bill [H. R. 65] to legalize the incorporation of the Union Christian College of Merom, heretofore read the third time, was passed--yeas, 34; nays, 0.
HOUSE BILLS READ THE SECOND TIME.
The bill [H. R. 119] requiring County Commissioners to furnish homes to homeless children, was read the second time.
The bill [H. R. 196] to abolish the office of Township and County Assessors, was read the second time with a Committee report recommending its indefinite postponement.
On motion by Mr. FOSTER this Committee report was concurred in.
POLICE JUDGE FOR INDIANAPOLIS.
The bill [H. R. 34] to provide for the election of a Police Judge in cities of 60,000 inhabitants and page: 77[View Page 77] over, being read the second time, with a Committee report recommending amendments--
Mr. VAN VORHIS said if the fees of a Police Judge were turned to the Police Judge, the Mayor of Indianapolis would receive a salary of $1,800. The Committee reported favorable to limiting the salary to $2,000.
Mr. FOSTER did not like to array himself against the Senators from this County, if they are both in favor of this bill, but the people of Indianapolis, in his judgment, do not desire the passage of this bill.
Mr. VAN VORHIS--There is not a member of the Board of Aldermen or Common Council of the city, either Democrat or Republican, but recognizes the necessity for this bill, and advocates its passage. A few oppose it, but as a general rule the people favor it.
Mr. FOSTER had seen a list in the hands of a gentleman of the highest integrity, showing that out of 120, 108 of the legal profession in this city have signed a remonstrance against the passage of this bill. That fact alone should go a great way in influencing Senators in voting upon the bill. It is simply a bill to create a new office for another party man to step into at the expense of the people. If he did not honestly believe the people of Indianapolis were opposed to this bill he would not take a stand against it. The merchants of this city also have largely signed a petition against this bill.
Mr. VAN VORHIS said he had a petition signed by a large number of business men in favor of this bill. The Committee to which this bill was referred had before it both petitions and remonstrances, and on the petition will be found a number of names which were signed to the remonstrance under a misapprehension. A good many lawyers signed the remonstrance also under a misapprehension--the misapprehension being that there would be a considerable increase in expenses because of the creation of this office. The bill provides that the Police Judge shall get nothing but fees, and if a salary is given it shall not exceed $1,800, and that is about what the fees would be It would be to the interest of the tax-payer to fix the salary as the pay of the Police Judge, for the fees have amounted to more than $2,500 per annum for the two years past. It is utterly impossible, in a city so large as this, for the Mayor to perform the duties of Police Judge, and at the same time perform the executive duties of a Mayor.
Pending the consideration of this bill came a recess until 2 o'clock p. m. .
AFTERNOON SESSION.
OFFICERS AND OFFICES.
The Senate resumed the consideration of the bill [S. 325] concerning offices and officers, beginning at Section 329.
Mr. HEFRON moved to reduce the bond of County Clerks from $25,000 to $10,000. The former is an unnecesary amount, and imposes too great a burden on that office.
Mr. BUNDY opposed the motion. A bond of $10,000 is totally insufficient in a large County.
Mr. FOSTER proposed as a substitute $15,000; $25,000 is a bond larger than ought to be required.
Mr. COMSCOCK knew of many Counties where the sum of $25,000 is frequently in possession of the Clerk. The section should stand as it is.
Mr. BELL thought the bond ought to be large. New railroads are being built, lands condemned, and money placed in that officer's hands in various ways.
The amendment was rejected.
The substitute was also rejected.
Mr. CHAPMAN made an ineffectual motion to reduce the bond of Prosecuting Attorneys from "five" to $2,000.
On motion by Mr. MARVIN, Section 378 was amended--yeas, 20; nays, 14--by reducing the rate of interest tobe charged on moneys loaned by the Treasurer from 7 to 6 per cent.
Mr. BROWN moved to strike out the section abolishing Coroner's Juries. Nineteen-twentieths of inquests held in Indiana are not within law Still, the safety of the citizen suspected of a crime ought not to be taken away and his right to liberty left in the hands of but one man rather than a Jury of his peers.
The motion was rejected--yeas, 17; nays, 19.
Mr. GRAHAM moved to amend so that no Coroner's quest shall be held in any case where a person shall die in the presence of his family
Mr. COMSTOCK thought that should be left to the sense of propriety of the Coroner.
Mr. BROWN thought it not unfrequently the case that relatives are the cause of the death.
Mr. GRAHAM'S intention was to cut off abuses of Coroners in holding many unnecessary and useless inquests. He would not have an inquest held without consent of the family.
Mr. BROWN said almost every case of poisoning is first discovered by virtue of the Coroner's inquest; and if the amendment is passed, and relatives are the cause of death, the guilty party can never be found.
Mr. BELL knew Coroners often abuse their powers. He moved to refer the Section 371 and pending amendment to a Specal Committee of three.
The motion was agreed to.
Subsequently Mr. BELL, from a majority of the Special Committee, returned a substitute for Section 371--a minority recommending that the section stand as it is:--being the present law.
Mr. MENZIES did not join in the report, believing it a dangerous thing to remove the power from the Coroner to investigate what took place in the household concerning a death of a member of the family, though there are abuses under the present law.
The minority report was adopted by yeas, 28; nays, 11.
Mr. BELL moved to change the word "removal" in Section 408 to "suspended." He thought it wrong to remove an officer when a suit is commenced against him.
Mr. BROWN insisted the commencement of a suit does not fix the delinquency--the officer is not delinquent until after the charges have been made and the delinquency ascertained. After delinquency is found and suit commenced on the bond, of course the Commissioners should have the right to remove the delinquent.
The motion to amend was rejected.
Mr. MACARTNEY moved to strike out of Section 400, the clause prohibiting erasures and pencil entries in the County Treasurer's book.
On motion by Mr. WOOD, a substitute for the amendment was adopted, adding a fine of $10 for violation of this provision.
Mr. MENZIES opposed the plan of putting misdemeanors and crimes in a statute of this kind; he therefore moved to reject the substitute and amendments.
This motion was rejected.
On motion by Mr. HENRY, the penalty was increased from "$10," to "$50.'
Mr. BROWN believed this so absolutely ridiculous, and so full of nonsense, that any Prosecutor drawing up an indictment under it, would be drummed out of town.
The substitute as amended, was rejected.
Mr. WOOD moved to amend Section 408 by affixing a penalty of $50 for willful violation of any provision of this act. Why make a requirement and not affix a penalty for violation? There are over 100 requirements madeof the County Treasurer in this act, and there is no penalty attached whatever, in case the Treasurer refuses to comply with them. Suppose he will not comply with half of the requirement of the statute, what are you going to do abou it? There is no penalty in the bill save one exception. You enact a law for the government of County Treasurers and say to page: 78[View Page 78] him, you shall not be troubled if you disregard it. A law without a penalty is a useless thing. It is child's play to enact any law without some kind of a penalty. Let us compel respect for the law by a penalty or let us enact none.
Mr. URMSTON opposed such an amendment to this section.
The motion was rejected.
Mr. VAN VORHIS offered an amendment requiring County offices to be opened at 7:30 o'clock a. m.
Mr. BUNDY moved to amend by fixing the hour at 8.
Mr. OWEN favored a amendment that will compel these men who get anywhere from $2,000 to $15,000 a year to get up in time to wait on those who pay them these salaries.
The amendent was agreed to.
The amendment as amended was adopted.
Mr. VAN VORHIS offered an amendment looking to reduce the number of books in the Recorder's office.
Mr. BELL said the Miscellaneous Record is already too large; it required such a voluminous index.
The amendment was rejected.
Mr. RISTINE moved to reduce the bond of the Recorder from $10,000 to $5,000, inasmuch as the present law requires but a $2,000 bond.
Mr. BUNDY remembered a Recorder recorded a mortgage given for $5,000 as a $500, by which there was a loss to the mortgagee, who took a second-mortgage, of several hundred dollars. Ten thousand dollars is not too large a bond to require of this officer.
The amendment was rejected.
Mr. HEFRON of Daviess co. offered an amendment to the section requiring the index to be in the name of the original owner of the land where the deed is made by a Trustee or other official.
The amendment was agreed to.
Mr. TRAYLOR moved an amendment, requiring Recorder's to keep a book to be called "The Mechanic's Lien Book," in which all mechanics and material men's liens shall be recorded. The Supreme Court has decided that notice of a mechanic's lien recorded in a "Miscellaneous Record Book" is no notice.
The amendment was agreed to.
Mr. COMSTOCK offered an amendment, which was rejected, prohibiting Recorders from using books containing printed forms.
Pending the above proceeding--
On motion by Mr. Brown, the bill [H. R. 36] to protect sheep husbandry, requiring Trustee to register and number all dogs, was read the first time and referred to the Committee on County and Township Business.
On motion by Mr. CHAPMAN, the bill [H. R. 117] concerning witnesses subpenaed on the part of the State outside of the County in criminal cases, was read the first time and referred to the Committee on Fees and Salaries.
The Senate adjourned till to-morrow.
DEFERRED, MARCH 22.
Mr. MARVIN offered a resolution that the special session adjourn sine die, Monday, April 4, at noon.
It was laid on the table--yeas, 26; nays, 14.
OMITTED, MARCH 23.
Mr. COMSTOCK offered a concurrent resolution for the appointment of a Joint Committee of twelve to recommend bills deserving priority of consideration.
Mr. BRISCOE offered a substitute limiting speeches to five minutes, and that the Senate consider only bills reported from the Revision Committee.
The whole subject was laid on the table.
