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.
