THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE
SATURDAY, April 2, 1881--9 a. m.The Lieutenant Governor, ex-officio, President of the Senate, took the chair at 9 o'clock.
The reading of the Secretary's journal of yesterday's proceedings was dispensed with.
Leaves of absence were obtained for several Senators till Monday noon, till Tuesday, and later.
DECEDENTS' ESTATES.
Mr. COMPTON from the Special Committee thereon, returned Section 177 of the bill [S. 351] concerning the settlement and distribution of decedents' estates, recommending a substitute therefor.
"The Court may make allowance to such executor or administrator when he makes his report in partial or final statement for his services as the Court thinks just and reasonable, including expenses in the discharge of his duties, and a reasonable attorney's fee when he employs an attorney, but in no case shall such attorneys' fees be included in the allowance to such executor or administrator for his personal services."
The substitute was adopted.
Mr. COMPTON moved to amend Section 159 by adding thereto among preferred claims, as item 6, these words: "A sum not exceeding $50 for wages due any employe for work and labor performed for decedent within two months prior to his death."
Mr. BELL favored the amendment. The bankrupt law in this country and in England always preferred this class of claims.
Mr. TRAYLOR is satisfied the emergency to apply this provision would not occur in one case out of 500.
Mr. CHAPMAN insisted there was no right to administer the estate of a decedent so as to change the character of the obligations made during the lifetime of the deceased. Presumably a man's life is of more value to him than anything else, and so the claims for medicine and medical attendance are always preferred claims.
Mr. VAN VORHIS thought under this amendment laboring men will get their money earlier than otherwise, and with that view would favor the amendment.
Mr. HENRY had no objection to its being made the sixth item, but objected to its being made fifth. He made a motion to that effect.
Mr. COMPTON so changed his amendment.
The amendment was agreed to.
Mr. BUNDY proposed to amend so as to allow the executor or administrator to pay a claim he knows is just and right without placing the same on the appearance docket.
Mr. MENZIES insisted the creditor should have the right to a record to avoid any after overhauling
Mr. TRAYLOR opposed the amendment. Claimants employ no attorney, usually, and the administrator sometimes without proper inquiry pays more than is just. For instance, payments made on notes and not credited. The creditor will accept all the administator will pay, as a general thing.
Mr. VIEHE believed all claims should be filed in the Clerk's office so they may be subjected to inspection by all parties interested.
Mr. HENRY reninded Senators that the administrator was responsible on his bond.
The amendment was rejected.
The bill was ordered engrossed for the third reading.
HOUSE BILLS READ THE FIRST TIME.
On motion by Mr. CHAPMAN, the bill [H. R. 247] in relation to satisfaction of mortgages was read the first time and referred to the Judiciary Committee.
On motion by Mr. VOYLES, the House amendments to his 3 per cent. fund distribution bill [S. 72] were concurred in.
On motion by Mr. KRAMER, the bill [H. R. 51] to authorize Trustees to purchase school books for their own Townships, towns or cities, was read the first time.
On motion by Mr. BUNDY, the bill [H. R. 273] to legalize the acts of officers of Ridgeville, Randolph County, was read the second time.
On motion by Mr. RISTINE, the bill [H. R. 359] to aid the United States coast and geological sur- page: 123[View Page 123] vey in the State of Indiana, was read the first time.
CRIMINAL PROCEDURE.
On motion by Mr. GRAHAM, the bill [H. R. 367--see pages 225, 232, and 237] concerning procedure in criminal cases was taken up. By direction of the Lieutenant Governor, the Clerk read only such sections as are amended or as embrace new matter.
The Committee amendment to Section 4, proposing to strike out the words "counsel or advice," the perpetration of an offense in another State, being read-
Mr. HENRY opposed the amendment.
Mr. COMSTOCK favored its adoption.
The report was concurred in.
On motion of Mr. BROWN, the bill was ordered to be read section by section, the Committee amendments as they occur to be first considered.
On motion of Mr. BROWN, Section 12, declaring that "When a public offense has been committed on the boundary of two or more Counties, or so near the same that it is uncertain on which side thereof the offense was committed, the jurisdiction is in either County,' was stricken out.
Section 14, allowing jurisdiction over any public offense committed on railway trains in any county through which the train passes, was also stricken out, on recommendation of the Committee.
Mr. CHAPMAN moved to strike out Section 13, authorizing prosecutions for carrying game in violation of law.
Mr. BROWN moved to refer the section to a Committee with instructions to amend so as to apply to game killed in this State, etc.
This motion was agreed to, and the Lieutenant Governor made the Committee to consist of Messrs. Brown, Chapman and Wilson.
On motion by Mr. MENZIES, Section 23 was amended so as to require prosecutions for the desecration of the Sabbath to be commenced within six months after the commission of the offense, instead of one year, as the present law stands.
A Committee amendment to Section 31, reducing the time a fugitive from justice shall be retained in custody awaiting the arrival of an officer from another State or Territory, from six months to ninety days, was concurred in.
Sections 26, 27 and 28 were referred to a special Committee, viz., Messrs. Viehe, Brown and Chapman.
The word "substantially" was stricken out of Line 1, Section 37: where it occurs twice in Section 51; in Line 1, of Section 52: in Line 1, of Section 57; in Line 1, of Section 58.
Mr. VIEHE moved to strike out Section 37, embracing a simple form of complaint.
Mr. HENRY objected--many such complaints are filed by persons but little acquainted with the forms of law.
Mr. URMSTON favored the motion to strike out. The results from following forms have frequently been productive of trouble, and many cases have failed in consequence.
Mr. GRUBBS opposed the motion to strike out.
Mr. WILSON gave considerations in favor of the motion.
Mr. BROWN cited authorities to sustain his position that this section was useless. The Legislature for twenty-five years has left it to the pettifogger or Justice of the Peace to define the form of complaint for sureties of the peace.
The motion to strike out was rejected.
On motion by Mr. BROWN, the word "substantially" in the first line of Section 37 was stricken out.
On motion by Mr. HENRY, Section 46, requiring Trustees to notify the Prosecuting Attorney to appear in all cases of surety of the peace, was stricken out.
Mr. MENZIES moved to strike out Section 60, requiring Justices to give the defendant an opportunity to employ counsel.
The motion was agreed to.
Mr. GRAHAM moved to amend Section 61, so it shall be optional with Justices to recognize witnesses in the same manner as criminals.
Mr. CHAPMAN opposed this motion. Witnesses may be neighbors to the Justice, and unless the law is imperative the people may suffer.
The motion to amend was rejected.
Mr. W1LSON moved to strike from the same section the clause requiring witnesses to be recognized for their appearance at the Circuit or other Courts.
Mr. MENZIES could see no harm from allowng the section to stand as is.
The amendment was rejected.
On motion by Mr. GRUBBS, the House amendments to Mr. Kahlo's Cass County Circuit Court bill [S. 366] were concurred in.
PROPERTY OF INFANTS.
Mr. GRUBBS moved to take up the bill [H. R. 124] concening the sales of property by infants.
Mr. MENZIES objected. That bill proposes a radical change in the law of infancy, and should not be considered except in a full Senate and after a full and fair discussion.
On motion by Mr. GRUBBS, it was made the special order for Monday at 10 o'clock a. m .
BEAVER LAKE LANDS.
On motion by Mr. MAJOR, his bill [S. 269] relinquishing the State's title to certain lands in Beaver Lake, Newton County, was made the special order for Tuesday at 10:30 o'clock a. m.
TEMPERANCE PETITIONS
were laid on the Secretary's table, under the rule, from Grant County by Mr. HENRY; from Allen and Whitley Counties by Mr. BELL, and from Warrick County by Mr. HART, which were severally referred to the Committee on Temperance.
Mr. KRAMER presented a petition in favor of woman's suffrage, which was referred to the Committee on Rights and Privileges.
Then came an adjournment till 10 o'clock Monday.
HOUSE OF REPRESENTATIVES.
SATURDAY, April 2, 1881--9 a. m.The session was opened with prayer by Rev. G. M. Coonbar.
FREE GRAVEL ROADS.
The reading of the Clerk's journal was dispensed with.
Senator Comstock's bill [S. 79--see page 178 of these Reports] for the purchase of toll roads and providing for the maintenance of free roads, was read the third time.
Mr. KENNER said the people of the State have come to the conclusion that they want free grael roads. Of all the bills introduced in this Assembly this bill is the most mild. It provides that if a majority of the voters of a Township declare that they wish to buy a toll road, the Board of County Cmmissioners may cause it to be appraised, and if in their discretion the appraisement is a fair one they may act upon it. If they deem it too high they may reject it, and have another appraisement, Then it is in their discretion whether they will purchase it or not. It also guards against the purchase of a road if the County is in debt for a road previously bought. This bill is of the utmost interest to the whole State and I hope it will pass.
Mr. CARR, of White, said: There are some things in this House that have been neglected during this session. With all the eloquence displayed, not one single man has ever raised his voice here in the interest of the tax-payer of the State of Indiana--not one single word has been heard. Because of the fact that the bill is well page: 124[View Page 124] guarded, is no evidence at all that it is right, This is almost like the law we had a few years ago, to allow Counties to vote taxes to aid railroad corporations. We soon saw where that we t to, and repealed the law, and now here are similar bills, for the voting of taxes to aid in the construction of gravel roads. It will lead the same thing. We have turnpikes running from our Township into the city of Lafayette. Under this bill we would have the power to tax all the balance of the County, where there is not a single gravel road, for the construction of a gravel road from our Township to Lafayette. I submit that this would work a great hardship. I hope the bill will not pass.
Mr. MEREDITH--This bill is in the interest of my people and I think in the interest of the people throughout the whole State, who like free roads. I have, as well as many others here, advocated the cuuse of the tax-payers and poor people of the State, and I think the assertion of the gentlemen [Mr. Carr] is a broad one to make--that there is no one here to advocate the interest of the tax-payer. There are plenty of us here who are standing between the people and these expenditures just as well as the gentleman from White. I think it would be carrying out the wish and desire of the people to pass this bill.
Mr. WILSON, of Montgomery, said his constituents were anxious to have some such legislation upon the subject of roads as is contained in this bill. He favored its passage.
Mr. EDWINS said personally he favored such a bill, but the people of his County being opposed to it because of the taxation upon people distant from the roads, he would vote against it on that account.
Mr. SINCLAIR--There are some toll roads that are not paying which must be sold. If that is the case--if these roads do not pay for the keeping of them--let the owners have the County take them and keep them up. It looks to me as though there was some job in this matter--that somebody wants to sell out their roads; therefore, I shall vote against the bill.
Mr. ROBERTS spoke in favor of the passage of the bill.
The bill passed--yeas, 53; nays, 29.
CIRCUIT COURTS.
Mr. CAUTHORNE moved to suspend the constitutonal rule, which was agreed to--yeas, 68; nays, 18--and the bill [S. 369] defining the Thirty-first Judicial Circuit and fixing the time for holding terms of Court therein was read the first and second times by title, and the third time by sections.
Mr. FANCHER said: This bill has not taken me by surprise. It was introduced in the Senate and rushed through under suspension of the consttiutional rules. Judge Field is opposed to the passage of this bill. By tacking Stark County to St. Joe and Laporte it makes it just as convenient for the Judge of those Counties to get to Stark County as it will our Judge. Judge Field has been opposing this bill all through, and many people are opposed to it. This matter is being rushed. through too hastily. Let's have a little time to consider the matter. If this bill can not be amended a new bill can be introduced, so as to tack Stark County to St. Joe and Laporte, thereby equalizing the work of the Judges of those two Districts. In all fairness between man and man that should be the case.
Mr CAUTHORNE--I call the gentleman's attention to the fact that this matter was thoroughly discussed in 1879, when both political parties resolved that the Superior Court of Cass County should be abolished [see pages 167 and 188, Vol 17 of these Reports], when the people there were almost united in the sentiment that it should be abolished on the ground of economy, and they came here and asked that it should be done. The Republican Members were almost universally in favor of abolishing the Court, and to-day they are proposing to make the same change. It was not a Democratic measure. It was fought by the Democrats and defeated because it would legislate a Democratic Judge out of office. I was ashamed that members of my party took the ground they did and not rise above party question, but simply because they had a Democratic Judge in the Superior Curt who would have been thrown out of office, they refused to accommodate the people and make this important change.
Mr. BEATTY said he never heard the Judge of his County (Stark), express any dissatisfaction in any shape or manner, in regard to the proposed change. He favored the passage of the bill,
The bill passed--yeas, 70; nays, 10.
On motion of Mr CAUTHORNE, the constitutional rule was suspended--yeas, 68; nays, 18--and the bill [S. 366] to create the Twenty-ninth Judicial Circuit of the State of Indiana, and providing for the transfer and completion of business pending in the Circuit Court, was read the first and second time by title.
Mr. CAUTHORNE moved an amendment, which was adopted, by appropriately isserting the following: "Provided that in 1881 the spring term shall be held the third Monday in April, and continue for twelve weeks."
The amendment was adopted.
The bill was read the third time and passed--yeas, 82; nays, 0.
Mr. Moody's bill [H. R. 397], fixing the time for holding Courts in the Thirty-fifth Judicial Circuits, was read the third time and passed--yeas, 79; nays, 1.
INSURANCE COMPANIES.
Senator Chapman's bill [S. 368] to amend Section 1 of an act regulating foreign Insurance Companies, was read the first time and referred to the Committee on Insurance, with instructions to report the same back as soon as possible.
DRAINAGE OF WET LANDS.
The SPEAKER announced the special order to be consideration of Mr. Taylor's [of Lagrange] bill [H. R. 147] to enable owners of wet lands to reclaim them when the same can not be done without affecting the land of others, which was read the third time.
Mr. KENNER said--We have two bills before the House upon the subject of wet lands. This bill, as I understand, is a remodeling of the law of 1875, which I think was the best ditch law we have had in the State of Indiana. While we must decide upon some law (and i believe we must have some relief upon this subject), from investigation of both these bills and testing the sense of the people, I have come to the conclusion that the bill just read is the one which ought to be passed by this House. This bill remedies the defects of the ditch law of 1875.
The bill passed--yeas, 78; nays, 0.
NEIGHBORHOOD ROAD IMPROVEMENT.
Mr. Kenner's bill [H. R. 305] to allow the owners of real estate to petition for the improvement of streets, highways, etc., by a majority land owners, was read the third time.
Mr. KENNER said--I introduced this bill upon the request of a large number of people. it is out of the line of gravel road bills. A great many people who live along roads would gradually like to gravel it, but they do not want to gravel a portion of it and then have some corporation come along and complete the work and charge toll.
This bill simply gives them the privilege to improve a road of their own accord gratuitously, and the Board of Commissioners must give them the right of way when they do that so that no corporation or Company can come along, complete the work and take it away from them. They make the road for their own convenience. There have been instances of that kind in our County, where in course of four or five years several miles were page: 125[View Page 125] graveled, after which corporations got control of the road and reaped the benefit of the work.
The bill passed--yeas, 68; nays, 0.
LEGALIZING TAX ASSESSMENTS.
Mr. MORGAN called up Mr. Johnson's bill [H. R. 241] amending Section 1 and 2 of an act legalizing the assessment, equalization, levy and collection of municipal taxes for the years 1873 and 1874. He said: "This is a law legalizing the assessment of taxes. It is a general law, but will affect to no great extent no city, so far as I am informed, except Terre Haute. The officers of that city are having trouble in collecting the municipal taxes, including the tax levied for school purposes, and it is feared that were the matters tested in the Supreme Court the party refusing to pay his just taxes might be successful. The bill simply is to provide that every man shall pay his just and fair taxes, and to prevent vexatious litigation. I hope no gentleman will vote against the bill.
The bill passed--yeas, 70; nays, 0.
Mr. CAUTHORNE made a motion, which was agreed to, that when the House adjourn it will be to meet again on Monday at 2 p. m.
Mr. HUSTON made an ineffectual motion to take up the bill [H. R. 380] amending Section 6 of Water Works act.
REPORTS FROM COMMITTEES.
The Committee on Banks reported on the bill [S. 149] amending Section 29 of the act concerning the organization of Saving Banks, recommending its passage.
The report was concurred in.
The Committee on Prisons reported on the bill [H. R. 471] in relation to good behavior of prisoners, recommending its passage.
The bill was read the second time and laid on the table.
The Committee on Claims reported on the bill [H. R. 363] to appropriate $3,800 to reimburse Adjutant General for the employment of a Deputy, recommending that the bill lie on the table, for reason that they could find no law authorizing the appointment of a Deputy.
The report was concurred in.
THE STATE PRISONS.
The Committee on Prisons report on the bill [H. R. 440] to lease and hire convict labor, recommending the indefinite postponement of the bill.
Mr. EDWINS--The Committee make this report thus from the fact that the subject matter is embodied in the other prison bill. They think the other bill ought to be brought before the House the early part of next week, and not take up the time of the House with side issue bills.
Mr. KENNER said: This is a bill to prohibit the Directors of the State Prisons from letting prison labor at a less compensation than so much. The State of Indiana may just as well have $125,000 from the Northern Prison as $78,000. We can just as well get sixty or seventy cents for each day's labor performed by prisoners as thirty or forty cents. This bill is a proper one, and I hope the House will lay the report on the table and let the bill be considered as any other bill; let it stand upon its merits. I want the House to go upon record and say whether the honest laboring men of the State shall be compelled to compete with prison labor at forty cents a day.
Mr. FANCHER--There is now a bill before this House which provides for the reorganization of our Prisons--prescribing that the Governor shall appoint five Directors, three of whom shall be Republicans and two Democrats, etc. I am opposed to this bill, and hope the report will be concurred in.
The House adjourned until Monday at 2 p. m.
