THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE.
SATURDAY, March 26, 1881--10 a. m.The LIEUTENANT GOVERNOR commanded attention while Parson T. A. Goodwin offered prayers.
The reading of the Secretary's minutes of yesterday's proceedings was dispensed with, conforming to the usual practice.
BRIDGES ON STATE LINE.
On motion by Mr. RAHM, the bill [H. R. 370] supplementary to the act providing for the incorportion of Companies formed for the purpose of constructing bridges for railway or common roadway purposes, or both, over rivers and streams forming the boundaries of the State of Indiana, or a part thereof, approved March 2, 1875, was taken up, read the first time, and referred to a Special Committee of three.
The LIEUTENANT GOVERNOR makes said Committee to consist of Messrs. Rahm, Grubbs and Wilson.
SALE OF STATE LANDS.
The bill [H. R. 59-see page 170 of these Reports] authorizing the sale and conveyance of a half section of land in Porter County, belonging to the State of Indiana, was read the second time, with a Committee report recommending an amendment.
The report was concurred in and the bill passed to the third reading.
HOUSE BILLS READ THE SECOND TIME.
The bills [H R. 197] to amend the act of June 9, 1852, touching the relation of guardian and ward, with Senate Committee amendments thereto; [H. R. 98--see page 166 of these Reports] for the relief of a Trustee of Dek1ab County, who had Township money stolen from him: [H. R. 200] to amend the act of May 14, 1852, relating to decedents and apportionment of estates; [H. R. 237] changing eight sections of the law concerning landlords and tenants, with a Committee amendment which was concurred in--
Were severally read the second time and passed to the third reading.
APPOINTMENT BY THE GOVERNOR.
A message from the Governor, by the hands of the Executive Messenger announced His Excellency's appointment of Thomas Wilson, Jr., of Daviess County, Mine Inspector, subject to the advice and consent of the Senate.
Mr. HEFRON moved to take up the message and confirm this appointment at once.
Mr. COMPTON objected. He preferred to have the matter referred to the regular Standing Committee on Executive Appointments.
Mr. HEFRON withdrew that part of his motion embracing confirmation, consenting to the reference.
It was so ordered by consent.
SENATE BILLS READ THE SECOND TIME.
On motion by Mr. CHAPMAN, the Senate proeeeded to the consideration of Senate bills on the second reading.
Mr. BELL'S bill [S. 200] to legalize sales on executions issued within ten years from entry of judgment, without leave of Court or revision, was read the second time and referred to the Judiciary Committee.
Mr. CHAPMAN'S bill [S. 42] to repeal an act of May 15, 1879, touching foreign Insurance Companies, with an amendment proposed by a Committee, which was concurred in. This bill was made a special order for Tuesday at 11 o'clock a. m.
On motion of Mr. HOSTETTER, his bill [S. 340] to amend Section 2 of the act of March 3, 1881 touching the laying out and location of towns, streets, alleys, etc. was read the second time.
Mr. Kramer's bill [S. 229] to legalize sales made to enforce the collection of municipal taxes from 1872 to 1881.
Mr. Macartney's bill [S. 230] legalizing the incorporation of Augusta.
Mr. Graham's bill [S. 258--see pages 135 and 183 of these Reports] to provide for the care of orphans and abandoned children. [Amended by concurring in a Committee report.]
Mr. Viehe's bill [S. 327] regulating the redemption of lands from sale on execution or decrees of Court--amended by concurrence in a Committee report.
page: 88[View Page 88]Mr. Poindexter's [S. 56] to regulate the transportation of freights on railroads.
Mr. Bell's bills [S. 289] authorizing cities to collect benefits assessed for opening streets as delinquent taxes are collected; and [S. 290] and levy and collect road labor tax, and reducing the price of keeping city prisoners to fifty cents a day.
Mr. Comstock's bill [S. 198--see page 94, vol. xix.] to legalize certain acts of gravel and toll roads purchased at Sheriff's sale, etc.
The Revision Committee's bill [S. 276] concerning Criminal Courts--
Were severally read the second time and ordered engrossed for the third reading.
BILLS INDEFINITELY POSTPONED.
The bill [H. R. 71] for the speedy publication and distribution to County Clerks of all laws passed containing an emergency clause.
Mr.Woolen's bill [S. 221] to allow depositions of female witnesses to be taken at some convenient place near the Court House.
Mr. Hutchinson's bill [S. 195--see page 94, vol. xix]: To amend Section 634 of the general practice act of June 18, 1852.
Mr. Yancey's bill [S. 235] to require notice to judgment defendant before issuance of execution.
Mr. Kahlo's bill [S. 35] limiting railroad charge for transportation of passenger to three cents per mile.
Mr. Fosters' bill [S. 51] for 6 per cent. interest law.
Were severally indefinitely postponed by concurrence in Committee reports.
LAID ON THE TABLE.
Mr. Rahm's bill [S. 143] to amend Sections 197, 204, 229, 230 and 281 of the assessment act of December 21, 1872, and
Mr. Graham's bill [S. 307] providing for the taxation of Telegraph and Telephone Companies,
Were severally laid on the table by concurrence in Committee reports.
MEMBERS, OFFICERS AND EMPLOYES.
The Committee on Fees and Salaries reported a substitute for the bill [H. R. 271] concerning Clerks of the General Assembly, so as to make it apply to members, officers and employes, which report goes to the files, to be acted upon when House bills on the second reading shall come up in the regular order of business.
SHEEP PROTECTION.
On motion by Mr. BROWN, the bill [H. R. 36] to require Trustees to register and number all dogs in the Township, was read the second time, with Senate Committee amendments thereto, which were concurred in.
Mr. VOYLES said that every dog not securing a tag will be deemed an outlaw under this bill, should it become the law. The owners of good dogs are in favor of this bill, and he did not think a bad dog ought to be allowed to live at all.
Mr. FOSTER said the author of the bill tells Senators that he is in favor of protecting Mary's little lamb.
The bill was passed to the third reading.
SAND BAR IN CALUMET RIVER.
On motion by Mr. WOOD, his bill [S. 132--see pages 178 and 274 of these Reports] to appropriate $6,000 for the removal of a sand bar in the Calumet River was referred to a Special Committee of three.
On motion by Mr. CHAPMAN, the Committee was instructed to amend the bill so that no money shall be paid out of the State Treasury until there shall be filed with the Auditor of State a verified statement of the County Surveyor of Lake County, showing that the work of removing the work has been performed. The LIEUTENANT GOVERNOR makes this Committee to consist of Messrs. Wood, Chapman and Compton.
HOUSE BILLS ON FIRST READING.
The bills [H. R. 486] concerning Grand and Petit Juries; (H. R. 207] concerning articles adrift or wrecked; [H. R. 220] relating to mechanics and material men's liens; [H. R. 238] concerning land purchased by the State at judicial and other sales.
Were read the first time and severally referred to appropriate Committees.
ELEVENTH JUDICIAL CIRCUIT.
On motion by Mr. TRAYLOR, the House amendments to his Circuit Court term bill [S. 331] were concurred in.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred:
By Mr. GRUBBS [S. 353]: To provide for the registry of votes, to declare their residence, punishing fraudulent practices touching elections, defining the duties of certain officers therein named, and providing compensation for services of such officers.
By Mr. HOWARD [S. 354]: Concerning the Decatur County cemetery at Greensburg.
Then the Senate adjourned till 10 o'clock Monday.
HOUSE OF REPRESENTATIVES.
SATURDAY, March 26, 1881--9 a. m.The session was opened with prayer by Rev. Henry Day, of the Baptist Church, this city.
The reading of the Clerk's journal, as usual, was dispensed with.
REPORTS FROM COMMITTEES.
The Committee on Rights and Privileges reported on the bill [H. R. 285] exempting certain pensioners from poll tax, recommending that the bill lie on the table.
The report was concurred in.
Also, on the bill [H. R. 359] relating to the operation of the United States Coast and Geological Survey, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, on the bill [H. R. 174] to amend the act in relation to the inspection of mineral and petroleum oils, recommending that it be referred to the Special Committee on Coal Oil.
The report was concurred in.
The Committee on County and Township Business reported on the bill [H. R. 108] regulating the advertising and letting of bridge contracts, recommending its passage, with amendments.
The report was concurred in and the bill was ordered engrossed.
Also, on the bill [H. R. 467] providing for the custody, care and protection of children whose parents are deceased, recommending that the same be referred to the Judiciary Committee.
It was so referred.
Also, on the bill [H. R. 465] regulating the sale of County property and letting bridges, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, on the bill [H. R. 469] to legalize act for the incorporation of Spiceland, Ind., recommending its passage.
The report was concurred in and the bill was read the second time and ordered engrossed.
Also, on the bill [S. 119] legaliing the act for the incorporation of Monroeville, Allen County, recommending its passage.
The report was concurred in and the bill was read the second time.
SPECIFIC APPROPRIATION BILL.
On motion by Mr. NEFF, the bill [H. R. 425] making specific appropriations to officers therein named, was taken from the table and referred to the Committee on Ways and Means.
page: 89[View Page 89]POLLUTION OF STREAMS.
Mr. CARTER offered a substitute for the bill [474] to prevent the pollution of water in streams and canals, which was adopted.
PUBLIC LIBRARIES.
The Committee on Education reported on the bill [S. 213] to provide for the incorporation of Public Libraries, recommending its passage.
The report was concurred in and the bill was read the second time.
DRAINS AND DYKES.
Pursuant to a motion, which was adopted by the House several days ago, the Speaker made the Committee to consider House and Senate bills on the subject of drains and dykes, to consist of Messrs. Taylor, of Lagrange, Frazer, Carr, of White, Ham and Davis.
INSPECTOR OF ILLUMINATING OILS.
The Special Committee on Mineral Oils reported on the bill [S. 25--see pages 227 and 241 of these Reports] for the inspection of all kinds of mtineral and petroleum oils, recommending its passage.
The report was concurred in, and, on motion by Mr. THOMPSON, the bill was made a special order for the next Tuesday at 2 p. m.
CITIES AND TOWNS.
The Committee on Cities and Towns reported on the bill [H. R. 457] amending Section 14 of an act for the incorporation of towns, recommending its passage with amendments.
The report was concurred in, the bill was read the second time and ordered engrossed.
SESSION HOURS.
Mr. JOHNSON called up his resolution to change the hours of meeting after Monday, March 28, 1881, so as to meet at 8 a. m. to 12 m., meet at 2 p. m. till 6 p. m., and so continue until the session is completed.
Mr. CARTER moved a substitute by meeting at 9 a. m. to 12 m., from 2 p. m. to 5 p. m., and on Tuesday and Wednesday evenings from 7:30 p. m. to 9:30 p. m.
The resolution and substitute were laid on the table.
FINES AND FORFEITURES.
Mr. Linsday's bill [H. R. 224] to provide for the collection of fines and forfeitures, etc., prescribing duties of Clerks and Constables in relation thereto, was read the third time.
Mr. LINSDAY--This bill was prepared by the Attorney General. He says that the State is now, and has been for some time passed, losing annually about $10,000 or more, owing to the lax manner in which the officers mentioned in the bill have been discharging their duties. It makes no material change in the law as it now is, except that it requires prompt and strict discharge of duties by the officers, whose duty it is to collect fines and forfeitures in State prosecutions. It provides further for the arrest and imprisonment of a defendant should he fail or refuse to pay or replevy a fine when required to do so. The bill also provides that Clerks of the Courts and Justices of the Peace shall promptly issue execution on all judgments, and place the same in the hands of the proper officer, who shall proceed to execute.
Some opposition being made to the bill, its further consideration was postponed until Tuesday next at 10 o'clock a. m.
CORNER-STONE OF THE NEW CAPITOL.
On motion by Mr. COMPTON, the Senate concurrent resolution--see page 182 of these Reports--relative to the relaying of the corner-stone of the State House, was made a special order for next Wednesday at 10 a. m.
SOLDIERS' ORPHANS' HOME.
Mr. Teter's bill [H, R. 129], to appropriate certain moneys for the benefit and relief of the former employes of the Orphans' Home at Knightstown, Ind., [amount $3,953.00 to reimburse them for los sustained by the burning of the Institution] was read the third time.
He said his health would not permit him to make a detailed explanation of the facts, and thought it unnecessary, as every member was familiar with them. He considered the claim a just one.
Mr. THOMPSON said several years ago this Institution burned. The employes rescued these orphan children from the flames, and by so doing lost all their clothing and other valuables, and now they ask the Indiana Legislature to reimburse them partially for that loss. It was an act of charity on their part to save these children. It will be no more than an act of charity for the Legislature to reimburse them for saving the lives of those children at the peril of their own lives and property.
Mr. BUSKIRK considered this a meritorious claim, and one that should be allowed.
Mr. SMELZER was in favor of allowing the amount asked for.
Mr. CARTER said this bill was investigated by the Committee on Claims, and the facts are simply as they have been stated. The fire occurred there and all the teachers lost all they had. They succeeded in getting every one of those children out of the building without one being injured, and none of them were able to save any of their property. They performed a noble deed, and this act of reward goes no further than simply to remunerate them for a part of their actual loss occasioned by virtue of their self-sacrifice in saving those children. For that reason the Committee recommended the passage of the bill.
Mr. BARTLETT--The neglect of their own property for the purpose of saving the lives of those children was a heroic act, and one that should reflect credit to Indiana, and we should reimburse them for the heroism displayed on that occasion.
Mr. MARSHALL--These teachers thought nothing of their own interests and proceeded to rescue the children from the burning building. In addition to rescuing the inmates, they also saved all the valuable papers of the Institution. I think we would not be doing right in opposing this bill.
Mr. AKIN-I desire to say in explanation of the vote I am going to cast, that I was not present with the Committee on Claims when it was passed upon or I should have voted against it. So far as the women are concerned, I have no objection to reimbursing them; but you will notice a claim of one man for over $1,000 for a private library. I do not think the State of Indiana ought to establish an Insurance Company for private libraries for men to take them into public buildings. I think that gentlemen ought to stand the loss of that private library. While I am satisfied that these employes did nobly, it is nothing more than their bounden duty to save the life of those children: therefore I shall vote against the bill.
Mr. MOODY--It seems to me that self-preservation is the first law of nature. The gentleman says these officers did not do anything more than their duty required. I understand that these parties, instead of looking after their own personal effects, on the contrary, looked after the interest and lives of those children. By their exertion they saved to the State five or six times as much as they are asking for in the way of insurance. I believe this amount should be allowed.
Mr. CAUTHORNE--The gentleman says these employes saved the policies of insurance. I would like to know how that came to pass. These employes do not insure that property; the State does that, and if these employes had done the same with their private effects, they would not be in the Legislature asking for $3,000 or $4,000 of the people's money. I hope there are not enough members in this Legislature to give away between page: 90[View Page 90] $3,000 or $4,000 to persons who are not entitled to it.
Mr. MITCHELL said--When these employes accepted these positions they accepted them with all the surrounding circumstances. It was their duty to save the lives of these children, and they accepted the obligation when they accepted the position.
The bill failed to pass--yeas, 43; nays, 26--for the want of a majority.
ELEVENTH JUDICIAL CIRCUIT.
Senator Traylor's bill [S. 331] to define the Eleventh Judicial Circuit of the State of Indiana, was read for information and passed; yeas 68, nays 0.
DYKES AND LEVEES.
The Committee on Drains and Dykes reported on the bill [S. 75--see page 173 of these Reports] to enable the owners of wet lands to drain the same, recommending its passage.
The report was concurred in, and the bill was read the second time.
BANK OF COMMERCE.
Mr. CARTER moved to suspend the constitutional rule, which was agreed to; yeas 68, nays 0, and that the bill [S. 164] to amend the charter of the Bank of Commerce, formerly the Indianapolis Insurance Company, be read the first and second times by title, the third time by sections, and put upon its passage.
Mr. CARTER said: This bill is to amend Section 2 of the charter of the Bank of Commerce, in which it changes the section so as to allow each stockholder to vote one vote for each share of stock owned by him. Under the old charter no stockholder could vote more than one vote without regard to the number of shares owned. In this way it was found the stock could be manipulated so that one-fourth of the stock could control the Company. Another provision makes the stockholders liable personally for three times the amount of their stock.
The bill passed--yeas, 67; nays, 0.
Mr. FLOYD moved that when the House adjourn it be till 2 p. m. Monday, March 28, 1881.
Mr. TAYLOR moved to amend by fixing the time at 10 a. m.
The amendment was rejected and the motion was adopted.
Then the House adjourned.
