THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE.
MONDAY, March 28, 1881--10 a. m.The following described bills were introduced, read the first time and referred to appropriate Committees:
Mr. LEEPER [S. 355]: To amend an act concerning Voluntary Associations for the purpose of insuring farm property, so they can transact business in three adjoining Counties instead of one, as now.
Mr. VAN VORHIS [S. 356]: To refund moneys erroneously paid into the County Treasuries of this State.
Mr. HUTCHINSON [S. 357]: To authorize the Board of Commissioners of any County owning real estate used for the purpose of Agricultural and Horticultural Fairs to purchase any improvements made thereon, etc.
Mr. WHITE [S. 358]: To appropriate $2,000 to test the validity of Nelson W. Greene's patent for driven wells in the United States Circuit Court in a suit in which H. B. Hine et al. are defendants.
Mr. COFFEY [S. 359]: To render valid records of the Court of Common Pleas in Indiana.
BILLS READ THE SECOND TIME.
The bills [S. 141] concerning delinquent taxes and the penalty thereon; [S. 176--see page 113 of these Reports]; [S. 270] to create the Forty-fourth Judicial Circuit; [S. 311] to insert the words "with light" in the act of March 9, 1875, for the incorporation of Mining and Manufacturing Companies; [S. 173] fixing terms of Courts in the Forty-second Circuit; [S. 191] in regard to railroads; [S. 117] to pay M. M. Campbell for extra services as teachers six years ago in the State University; [S. 317] to require Counties to furnish a room for Circuit Judges in vacation--
Were read the second time and severally ordered engrossed for the third reading.
On motion by Mr. BUNDY, the bill [H. R. 273] legalizing the incorporation of the town of Ridgeville was read the second time.
HOUSE BILLS ON FIRST READING.
The bills [H. R. 143--see page 181 of these Reports] to make Township Trustees Superintendents of Roads; [H. R. 311] to amend Section 26 of the fee and salary act of March 31, 1879; [H. R 267] to amend Section 1 of the act concerning bridges over streams forming County boundary lines, approved May 14, 1869--
Were read the first time and severally referred to appropriate Committees.
MEDICAL LEGISLATION.
On motion by Mr. YAANCEY, the House substitute for his bill [S. 74--see pages 208, 212, 216 and 259 of these Reports] to regulate the practice of medicine, was taken up.
Mr. YANCEY moved that the Senate refuse to concur in the House amendments to his bill; and he made the motion on the principal of honor. The bill that passed the Senate had for its purpose the enlightenment of the medical profession of this State. It was submitted by men engaged in the practice who thought it necessary that physicians should possess an education; that they should have some knowledge of anatomy, physiology, therapeautics, chemistry and other things that go to constitute a knowledge of disease and the application of remedies therefor. It is well known by men who are observing that one-fifth, yes three-fourths of the men and women who practice medicine in Indian are incompetent, and ought not to be allowed to practice. A bill passed the Senate requiring all persons entering into the practice of medicine to undergo an examination before those experienced and competent to examine them. That bill went into the House of Representatives, where there are aa number of gentlemen who, at home, are physicians, so called, each man of whom presumed to be most enlightened on the subject, and because thirteen doctors' bills couldn't pass all at once they got up a conglomeration of bills which simply mean nothing. It proposes that the County Clerk (who perhaps may know about as much concerning medicine as the gentlemen who formed the Committee reporting this bill to the House) shall issue a certificate of qualification to any one simply upon the exhibition of a diploma and swearing to a good moral page: 92[View Page 92] character. The practice of medicine is not like the pracice of the law; it is not a question of good moral charater; it is simply a question of nothing. We don't want any legislation unless we can get a better bill than this.
Mr. BELL did not know what the provisions of this bill are, and was free to confess he did not know very well what the provisions of the bill which passed the Senate were, but thought it well to give an opportunity for the Senate to inform itself what is in this bill before voting on concurrence in the House amendments. He was informed, among other things, that it has less machinery and is less expensive than the bill which passed the Senate, and that it does not create a medical aristocracy called a State Board. We all understand what little knowledge is gleaned of a bill from hearing bills read at the Clerk's table. There must be somthing to be said against the bill which passed the Senate, or the fourteen doctors in the House would not have agreed upon this substituted bill.
Mr. WILSON some time ago had brought himself to the conclusion that something would be done this session in the way of medical legislation; but when doctors disagree, what shall members do who are not versed in medicine?
Mr. VAN VORHIS--There is nothing in this bill worthy of consideration: it does not correct the evils desired to be reached as much as the dog law corrects dogs--except that one wears a tag and the other don't. Under this bill a forged diploma, or one of Buchanan's medical diplomas will be good evidence of qualification. If the yeas and nays are to be called upon this motion it had better be withdrawn, and let it come up at some other time when there are more Senators present. If any legislation is needed at all it is for the benefit of the people, and the question is how are we to benefit the people unless the standard of medical education is increased, and men put in the field qualified to practice medicine; and that class taken out who are not qualified. No rule can be made too stringent for the good of the people. Either apply the rule directly to every man who practices now, or make it apply at some definite time in the future.
Mr. SHAFFER--Thought the House substitute should be given respectful consideration by the Senate. He hoped it would go to a Conference Committee which might agree on some bill that would pass this General Assembly. It is well not to be too hasty in this matter.
Mr. BELL--Fourteen physicians in the other House agreed on this bill, while there are but four in this branch. He did not think the author of this bill was justified in saying the only reputable physicians in the State Assembly are in this branch.
A VOICE--"Yeas and nays."
The LIEUTENANT GOVERNOR--Suppose you let it stand over till 2 o'clock and take a vote then, without any further discussion.
Mr. YANCEY--Gentlemen having the love of their profession properly at heart, would not consent to such a bastard bill as the one sent here from the House. There are more than 20,000 bastard medical diplomas in the United States. Men not qualified to go through the simplest form of examination have purchased diplomas for $5 The House bill is a meaningless nothing, and if that is a reflection on the medical men of the House, he had nothing to take back. He withdrew his motion to non-concur, at the suggestion of those around him, and moved to make this bill the special order for 10:30 o'clock to-morrow.
The motion was agreed to.
RESTRICTING GARNISHEE.
On motion by Mr. VOYLES, his bill, [S 273--see page 163 of these Reports--wages not to be garnished by evasion of State law, etc.] was read the second time, with a favorable Committee report thereon.
Mr. MENZIES--The purpose of the bill is to make valid and of more force the exemption laws of this State.
Mr. CHAPMAN--This is an attempt to make our laws extend by indirection in another State as he understood by the reading. It is making a penal statute for the benefit of the defendant in an action in a foreign tribunal.
Mr. MENZIES--There being no constitutional objection, this bill should be passed to remedy an evil practiced against railroad employes.
Mr. CHAPMAN knew of no complaint on the part of railroad employes. This bill proposes to make penal an act which is a lawful act done under another sovereignty. Such a thing has not been known in legislation until a recent time. It is a violation of the fundamental forms of Government, and of the rights of governmental ethics.
Mr. BROWN--If a man leaves the State with the intention of doing an illegal act, he is still triable in this State for it; so there is no principal of criminal jurisprudence in this bill, so this objection is entirely void. The act of 1879 is authority in support of this measure. This bill ought to be passed.
Mr. VOYLES did not think the bill was understood by the Senator from Marion [Mr. Chapman.] It simply provides that the creditor shall pursue his remedy n this State--it proposes to protect a householder who goes temporarily out of the State in his right to our exemption law. The bill is surely in the right direction.
Mr. LANGDON favored the bill, thinking it a proper supplement to the exemption law and the exemption act of 1879. It has been the policy of the State to provide that some of the debtor's goods that shall be exempt from execution, which amount in 1879 was raise from $300 to $600. An evil has grown up, by having wages of our citizens garnished in another State--the citizen is robbed of a right he has in the Courts of Indiana. No crimes are attempted to be created by this bill.
AFTERNOON SESSION.
OFFICES AND OFFICERS.
The LIEUTENANT GOVERNOR declared the question to be on concurrence in the majority report of the Special Committee on Sections 77 and 78 of the bill [S. 325] concerning offices and officers, presented Friday afternoon.
Mr. BROWN moved to substitute the minority for the majority report.
Mr. HEFRON voted for the present law requiring foreign Insurance Companies to make and publish a semi-annual statement of resources and liabilities, and still regarded it as a beneficial measure. This law of 1877 has driven from the State every shaky and insolvent Insurance Company. There is certainly nothing wrong about that. The law does not point out the newspapers, but requires the Auditor of State to publish these statements in two leading daily newspapers of the State having the largest general circulation. He favored the minority report.
Mr. BELL had taken occasion to inquire, and found it frequently the case these Insurance Companies had their advertisements reprinted with more display, and paid for it an additional price. These advertisements ought to be so inserted as to attract the attention of the greatest number of persons, inasmuch as it is only printed once. He failed to find any good Insurance Company that did not occupy twice the space the State Auditor does when they advertise on their own account. Then there is not a single State, except Ohio where they are required to make such publications in which the price is not twice as much, and in some three times as much, as in this State. It is in bad taste to say that any one who favors this minority report does so in the interest of some newspaper; and, as far as he was concerned, he branded such statement as false. He was reliably informed page: 93[View Page 93] that the insurance agents representing the best Companies do not want this law changed, regarding it as advantageous to the Insurance Companies that these publications shall be made as they are now.
Mr. CHAPMAN only desired the Senate shall vote understandingly on this question. The law in regard to insurance is not under consideration now, but the provision in this bill a proposition in regard to legal advertising, as to what is legal advertising, and how it shall be made. Legal advertising is all one thing--it is all legal advertising, and the Committee reported as to legal advertising certain rules shall prevail--as to king of type to be used, the display to be given, etc.
Mr. BROWN spoke in favor of the minority report.
The motion to substitute the minority for the majority report was agreed to by yeas, 27; nays, 6--present but paired, 2.
Mr. TRAYLOR moved to strike out of Section 271 the words "under oath." Under the old law County officers would make a calculation of the books they think they will need, and the result is, many times, as in the case in his county, there are books some eight years old yet unsaved; and as blanks change form frequently, there are many unused often piled up in County offices. This amendment is to correct this unnecessary expenditure.
It was agreed to.
Mr. MENZIES (for Mr. Rahm, absent) offered an amendment to Section 261. Very exorbitant bills have been allowed, in some cases arbitrarily, by County Boards, and the purpose of this amendment is to allow the right of appeal and try the question in the Courts.
The amendment was agreed to.
Mr. VOYLES--In some Counties the terms of office will expire a few days before the November election. He offered an amendment to Section 508 authorizing such to hold over those few days till their successors are elected and qualified.
The amendment was agreed to.
The bill was ordered engrossed.
STATE SEWER.
On motion by Mr. CHAPMAN, his bill [S. 326] authorizing a contract with Indianapolis to construct a sewer from the Deaf and Dumb and Female Prison [appropriating $40,000], was read the second time.
On motion by Mr. BROWN, the constitutional rule was dispensed with, the bill considered as engrossed, and read the third time.
Mr. CHAPMAN explained the necessity for the bill--these institutions can not longer be carried on without sewerage, and no cheaper plan has been proposed, or possibly can be.
The bill passed by--yeas, 29; nays, 6.
EXECUTIVE APPOINTMENT.
Mr. BUNDY, from the Committee on Executive Appointments, recommended the confirmation of Thomas Wilson, Jr., as Mine Inspector.
The report was concurred in.
NEW PROPOSITIONS.
The following described bills and joint resolutions were introduced, read the first time and severally referred to appropriate Committees:
By Mr. SPANN [S. 360]: For the employment of convict labor in the Prisons of this State. [To labor eight hours for contractor at ninety cents a day.]
By Mr. HUTCHINSON [S. 361]: To provide for the imprisonment of convicts in the Northern and Southern Prisons, and directing from what Counties in the State convicts shall be sent to each of said Prisons.
By Mr. KAHLO, a joint resolution [S. 16]; Proposing an amendment to the Constitution of Indiana, that the Senate shall not exceed thirty or the House of Representatives sixty members.
By Mr. GRUBBS, a joint resolution [S. 17]: Proposing an amend to the Constitution so that no regular session shall extend beyond 100 or any special session beyond thirty days.
GENERAL APPROPRIATION BILL.
On motion by Mr. WILSON, the bill [H. R. 422] making appropriations for the State Government and its Institutions,
Mr. MENZIES thought the office ought to be dignified and moved to make the salary of the Governor's Private Secretary $2,000 instead of $1,500, as in the bill.
Mr. FOSTER believed the position of the Senator right and that the salary ought to be increased.
The motion was rejected.
Mr. WILSON thought it right if the Governor has officers that they should receive a salary. Some salaries are left to the wild chances of an appropriation bill, which is wrong. There is no law creating a Governor's clerk, messenger or janitor; and it is wrong to create offices in an appropriation bill. Two years ago the Senate refused to allow the Governor either a clerk or a messenger, and Governor Williams ran his office thereafter with only a private secretary alone.
Mr. KRAMER moved to strike out the item creating the office of the Governor's messenger.
Mr. OWEN insisted the Governor should have a messenger or janitor of his own, independent of the janitor for the State Building.
The Senate adjourned till to morrow.
HOUSE OF REPRESENTATIVES.
MONDAY, March 28, 1881--2 p. m.The seesion was opened with prayer by Rev. F. M. Hamilton, a Representative from Boone County.
The journal's reading was dispensed with.
THE CIVIL CODE.
The motion entered by Mr. LINDSDAY upon the journal to reconsider the vote on the amendment to Section 235 of the bill [S. 291. See pages 188, 194, 213, 218, 223, 239] concerning civil proceedings, was agreed to.
Mr. CAUTHORNE moved to strike ont the amendment to the section, and insert in lieu thereof the words, provided further, that when a change of venue has been granted in a civil or criminal cause, in any Circuit, Superior or Common Pleas Court, in this State, and the cause of such change is objected to the Judge on account of bias or prejudice, the parties to such cause and their attorneys, when the cause is regularly called for trial, may agree upon any attorney to try such cause, and the attorney shall be appointed by the Judge to try such cause, who shall preside without delay. A failure of the parties or their attorneys to agree upon an attorney, the Judge shall make out a list containing an odd number of attorneys practicing in such Court, which shall not contain less than three nor more than seven, and the Clerk shall present the list to the plaintiff, who shall strike out the name of one attorney, and the defendant shall strike out the name of one attorney, and so on until the name of one attorney remains, who shall act as Judge for the cause, and the trial shall proceed without delay, etc. The attorney so appointed shall receive $4 per day for such cause, paid out of the County Treasury, to be deducted from the salary of the Judge for whom such attorney presides, etc.
Mr. CAUTHORNE--The amendment provides that in case of a change of venue is taken on account of bias or prejudice of the Judge, the same shall be tried by an attorney of the Court. The object of the amendment is to confine trial of causes to Judges of their own jurisdiction, and not have a kind of itinerant Judges traveling over the State trying causes. It may just as well be tried by an attorney of the town or city. It would save the page: 94[View Page 94] State Treasury some $20,000 a year. After all the expenses are paid there is now some $9,000 deficit. There is no question but what there are lawyers at the Bar as able to try cases as the Judge himself, and this will do away with the necessity of getting another Judge. If this amendment prevails, there will be no delay in the trial of causes. It provides that when the cause is called for trial, the parties may agree upon the person, who may be a practicing attorney of their Court, and if they agree on him, he is sworn to try the cause without delay. If they fail to agree, the Judge of the Court makes out a list of not less than three nor more than seven, whose names are alternately stricken out by the plaintiff and defendant and the last name remaining shall be the Judge to try the cause. If the attorney refuses, of course you can not compel him to serve, and the cause goes to an adjoining Circuit, as if the change of venue had been granted. The amendment ought to prevail, as it is in the interest of economy and provides the means of a speedy trial of causes.
Mr. BUSKIRK said any lawyer will bear me out in the assertion that the practice of making Judges has proved a failure. As a lawyer, I have always protested against trials except by the regular Judge, and have refused to try causes unless it was by the consent of both parties. I do not think a lawyer ought to do it. It would be unconstitutional, and I think we had better leave the section as it is. The men who prepared this revision saw the workings of such a measure and left the section as it is.
Mr. RYAN said if this amendment prevails, every time such an attorney is appointed the regular Judge is deprived of his pay. The effect of it might be to absorb completely the salary of any one of the Judges of the State. I can see no particular objection to the amendment, but it amends the wrong part of the section. It leaves it in such a state that in all cases, of a change of venue the special Judge shall be paid out of the salary of the regular Judge. Therefore, I am opposed to it.
Mr. CAUTHORNE held that it was right and proper for a special Judge to draw the salary appropriated for that purpose. When the Judge is not on the bench he is engaged in other duties, and it would not be right for to draw his per diem as though he were performing his official duty.
Mr. STEWART said a man who is elected Judge generally looses his practice--has no other business; therefore it would not be right to deprive him of his seat as Judge and appropriate his per diem to a special Judge.
The amendment was adopted.
Mr. CARTER moved to amend Sec. 397 by adding to the section; Provided that if a motion for a new trial shall be filed in cause in which such decision, so excepted to, is assigned as a reason for a new trial, such motion shall carry such decision and exception forward to the time, of ruling on such motion, and time may be then given by a Court within which to reduce such exception to writing.
The amendment was adopted.
Mr. RYAN moved to amend Section 413 by adding thereto the following: "And for all such services as may be rendered by such Commissioners, the Judge of the Court of the County in which such Commissioner shall hold his office, shall make allowances for and fix the fees for services rendered by such Commissioners, and how the same shall be paid." He said this amendment puts it in the hands of the Circuit Court to allow the Commissioners for services done.
The amendment was adopted.
Mr. RYAN moved to amend Section 861 by striking out of line three the words "in case of appeal in such Court" and insert "except as to pleadings in cases from inferior Courts." He said: It occurred to me that that part should be amended for the reason that it repealed the section to such an extent as to interfere with the rules of the Circuit or Superior Courts. This amendment makes the section a little clearer. It does not interfere with the subject matter, but only makes the section more specific.
A number of amendments were laid over for future adoption or rejection.
On motion by Mr. MEREDITH, it was agreed that the amendments laying over be acted upon at 9 a. m. in the morning.
NEW PROPOSITION.
The following described bill was read the first time and referred:
By Mr. CARTER, [H. R. 492]: To amend Section 1 of an act authorizing cities and incorporated towns to change and re-form their boundaries, and exclude therefrom suburban lots or tracts of land not laid out in lots, approved February 7, 1877. [Upon petition of two-thirds of the Common Council.]
CRUELTY TO ANIMALS.
The bill [H. R. 470] defining cruelty to animals, providing for the destruction of the same, etc., was read the second time.
REPORTS FROM COMMITTEES.
The Committee on Cities and Towns reported on the bill [H. R. 443] to legalize the incorporation of Syracuse, Kosciusko County, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, on the bill [H. R. 444] to legalize the incorporation of Silver Lake, Kosiusko County, Indiana, recommending its passage.
The report was concurred in; the bill was read the second time and ordered engrossed.
The Committee on Drains and Dykes reported the bill [H. R. 13] to reclaim wet lands where others are interested, recommending that the bill lie on the table.
The report was concurred in.
Also, on the bill [H. R. 473] authorizing the County Surveyor of Jasper County to survey swamp lands in that County, etc., recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
On motion by Mr. JOHNSON, Mr. Barnett's bill [H. R. 108], concerning the listing and taxing of property, was read the second time.
The Committee on Rights and Privileges reported on the bill [S. 73] to amend Section 3 of an act on Weights and Measures, recommending its passage with amendments.
The report was concurred in, the bill was read the second time and ordered engrossed.
Mr. Cabbage's bill [H. R. 417] to encourage the destruction of such birds as prey upon poultry was taken from the table and ordered engrossed.
Mr. SHIELD'S bill [H. R. 384] amending Section 8 of an act of March 15, 1879, creating an Asylum for feeble minded children was read the second time and ordered engrossed.
The Judiciary Committee reported on the bill [H. R. 479] for the relief of Thomas Jones and Lawrence S. Shuler, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Mr. MASON moved that the sittings of this House hereafter be from 8:30 a. m. to 12 m., and from 2:00 p. m. to 5 p. m
Under the rule the motion lays over one day.
Then the House adjourned till to-morrow.
