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.
