HOUSE OF REPRESENTATIVES.
WEDNESDAY, April 6, 1881-9 a. m.AID TO AGRICULTURAL SOCIETIES.
Mr. Adrian's bill [H. R. 430] authorizing allowances to aid Agricultural Societies [making it optional with the County Commissioners to loan such Society money and take a lien on the grounds] was read the third time.
Mr. MEREDITH said this is a bill carefully guarded in such a way that the County can be properly protected with no chance of loss on the part of the County.
The bill failed to pass--yeas, 49; nays, 38--for want of a constitutional majority.
SHERIFF SALE NOTICES.
Mr. Baker's bill [H. R. 480] to regulate all Sheriff sales providing for written and printed notices in newspapers. [The parties to the suit to dictate the paper for such publicaton.]
Mr. BAKER--This bill should become a law. To leave this Sheriff's printing in the hands of men disposed to be honest is all right, but in the hands of men otherwise, it is a source of political corruption from one end of the State to the other. I claim that the men whose money and interest are involved should be the parties to control the Sheriff's printing. I can not see why an officer, who is well paid for all his services, should dictate in any form or manner, or have anything to say as to where these notices shall be published. Let the parties make their own contracts in their own way, and it certainly can be done cheaper than under the present system. There is no reason on earth why the plaintiff, who has recovered judgment when the orders to execute are issued, should not say in what paper he notice shall be inserted, or if the defendant happens to have a stay of execution to have the same privilege. I hope the bill will become a law.
Mr. FANCHER favored the bill, beause he knew of cases in his County where such publication cost $5 or $20, and the parties to the suit would or could have had the work done for $5 or $10. By giving the parties this privilege there will be created a competition which will reduce the price of publication at least one-half.
Mr. FRAZER said: This bill don't strike me as being what it ought to be. For instance, if one of the parties is a Democrat and the other a Republican, and each has his particular paper in which to publish this notice, now who is to decide and say where this publication shall be made? There is no provision in the bill to that effect. In that respect it is defective. There should be some provision, when the parties can not agree, that the Sheriff may publish where he pleases.
Mr. KENNER favored the bill, because it went upon the principle that the parties concerned and interested will always get better terms than a official who is merely performing his every-day duty.
Mr. THOMPSON was opposed to the bill. He considered the bill as it now stands a good one--authorizing the Sheriff to publish in a paper located nearest to the parties to the suit.
The bill failed--yeas, 37; nays, 41.
TOLL ROADS.
Mr. Hinton's bill [H. R. 449- see page 63, vol. 20] to regulate the toll charges on pikes, macadamized and gravel road-beds ceded by the United States to the State of Indiana, being read the third time--
Mr. FANCHER said that this same bill, or one containing the same provisions, had been before the Legislature in 1877 and again in 1879, and he had quite a distinct recollection of the object of the bill, and it seemed to be about as pernicious a bill as had been before this House during the present session. Under those provisions of this bill the owners of this road would receive only 10 per cent on what the road originally cost before the original owners had expended one cent, which you can see would be next to nothing. It is artfully drawn, and the object is to draw the wool over your eyes, and if passed would effectually confiscate this road to all intents and purposes. What would you think of a bill with provisions that you should be allowed just enough to pay the running expenses of your farms and 10 per page: 140[View Page 140] cent. on what your farm costs you originally--say four years ago. The bill is wrong and ought to pass.
Mr. FLOYD said these road were organized under the law, and they have a right to be protected by the law the same as any other organization. Although the stocks cost them only a nominal figure, they have been to a large expense keeping the road in repair. I am oppose to fixing the toll upon these roads.
Mr. CARTER--This law only applies to what is known as the National Road. It was ceded to the State by the United States. The State gave it to the County, and it was then known as the Central Pike Road Company. It existed until the year 1864. They collected toll. For some reason the Courts decided that the tax of the road had become forfeited; that decision was sustained by the Supreme Court. When that was sustained a new Company was organized which took possession of it under the general law. This Company organized, built a new road, expended money, and it would be nothing more than right to say that they shall charge toll as any other road. The Legislature, I believe has the right to regulate the amount of toll and charges of these roads the same as all other roads. It is the duty of this body to step in between the people and the Company, and say what shall be the toll--and give them a fair compensation. This bill provides that the road shall give an account of what the road cost the present Company, and they shall be allowed to charge a toll equal to 10 per cent. above the cost of operating the road, salon'es repairs, general expense plus 10 per cent. interest upon the cost of the road. It seems to me that this is just.
Mr. WILSON, of Montgomery, said: I shall vote against this bill, because it does not establish the toll of all the roads in the State. Being special legislation upon this subject, I think it would be unconstitutional.
Mr. SCHWEITZER was of the opinion that the Legislature had no right to say to any individual what toll he shall charge upon his road or what profit he shall have on anything else. These parties have a right to collect toll, and he thought the Legislature had no right to discriminate betwe n this particular road and others and say that they shall have a profit of 10 per cent It would be just as competent to say to the farmer, or legislate to that effect, that he shall only be allowed a profit of 10 per cent. upon a bushel of wheat, or any other article of produce.
Mr. BARTLETT said this bill has for its object the accomplishment of that which can never have my approval or support I am opposed to any measure that will take the property of another without giving proper equivalent for it The parties owning this road became possessed of it through honorable means. The title is in them, and being their absolute property, they are entitled to control it. This road belonged to the United States Government, and by them it was ceded to the State. From the State it was ceded to the Companies in the different Counties, the several corporations assuming to do work on the road, and to make certain improvements, all of which has been done. The friends of this bill claim that the stock has been watered but I say that it has been watered only by work done on the road. I hope the bill will not pass.
Mr. RYAN was opposed to the bill for the reason that he did not favor legislation upon the subject embraced in the bill, and did not think the Legislature had any right to regulate the charges upon private property. He thought if the Assembly recognized the corporation as a legal one in the eyes of the law, it should not take the stand as attempted in this bill, to regulate the charges upon such highway.
The bill failed to pass--yeas, 13; nays, 73.
HOSPITAL FOR INSANE FEMALES.
The SPEAKER announced the special order being the consideraton of Mr. Meredith's bill [H. R. 189] to establish a Female Hospital, and providing for the organization and government thereof, which was read the second time.
Mr. MEREDITH said this bill is to reform the present system of caring for the female insane by taking them out of the control men and putting them into the hands of women. This principle has been adopted in Pennsylvania, Iowa and Massachusetts, and it has worked well. In all these Institutions they have female physicians to treat the insane. Women are a great deal better adapted to treat and care for women--women being more sympathetic and peculiarly adapted to take care of the sick, and better informed as to the peculiar diseases with which her sex is afflicted. The inmates fare much better and are more successfully treated.
Mr. HAMILTON favored a measure of this kind, and thought the department ought to be under the care of women so far as possible.
The bill was ordered engrossed.
BENEVOLENT INSTITUTIONS.
Mr. Hamilton's bill [H. R. 206] to provide for the qualification, election and government of the Trustees, Superintendent and other officers and employes of the Indiana Asylums for the blind, deaf and dumb and Hospital for the Insane, their management, etc., was read the third time.
Mr. HAMILTON--This bill is simple, plain, and can easily be comprehended. The crowning feature of it is that it takes these Institutions out of the hands of political parties and provides that they shall be governed by persons chosen from both political parties. You can easily see what can be gained by that. I have seen more or less of the Legislature for the last sixteen years, and I have always heard complaint of these Institutions, it matters not whether they are under the supervision of Democratic or Republican managers, and by passing this bill, we shall avoid all this political gaugle. The Superinendent can not assume control of the Institution without the consent and confirmation of the Governor. The growing demand for what isknown as a Female Department is supplied by this bill. It provides that as far as possible that Department shall be under the charge of women. What more can we expect. If it is possible to put them under the treatment of a lady physician, that will be done. This is a wise measure, and every member ought to vote for it.
The bill failed--yeas, 43; nays, 44.
HOUSE BILLS PASSED.
Mr. Bartlett's bill [H. R. 469] to legalize the town of Spiceland, the election of the Board of Trustees, and matters pertaining to their offical acts, was read the third time and passed--yeas, 74; nays, 1.
Mr. BEATTY called up the bill [H. R. 120] appropriating money for the benefit of the former employes of the Orphans' Home for loss sustained by fire.
By unanimous consent, Mr. WALKER amended the bill by striking out $1,050, claim of Rev. R. F. Brewington, and insert instead $600, the difference, $450, being the estimated value of his private library.
The bill passed--yeas, 74; nays, 11.
MUTUAL RELIEF ASSOCIATIONS.
Mr. Benham's bill [H. R. 4] to authorize railway and other employes to organize Associations for mutual relief, and legalizing existing Associations, was read the third time.
Mr. Benham said: We have no law on this subject in operation in the State of Indiana, and there is no law authorizing organizations of that kind. The bill is carefully drawn. It gives an opportunity to form Mutual Benefit Societies; that each member may pay in a certain specified amount and receive so much in case of injury, accident or death. It is a matter of very great importance, and I hope the bill will pass.
The bill passed--yeas, 82; nays, 1.
page: 141[View Page 141]AFTERNOON SESSION.
Mr. WILSON, of Morgan, introduced a bill [H. R. 519] to provide officers' salaries in certain Counties therein named, prescribing their duties, etc., which was read the first time.
TEMPERANCE LEGISLATION.
The special Committee raised to consider the bill [H. R. 505] regulating the sale of liquors recommended its passage with amendments.
The report was concurred in, the bill was read the second time and ordered engrossed.
The Special Committee reported on the bill [H. R. 502] requiring persons to secure individual license for the purpose of drinking intoxicating liquors, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
CITY TAXES.
Mr. KENNER introduced a bill [H. R. 520] to amend Sections 2 and 3 of an act to provide for the collection of taxes for municipal purposes on shares of stock owned in banks doing business in this State, approved March 4, 1873.
Mr. KENNER moved to suspend the constitutional rule, that the bill just read may be read a second time by title, the third time by sections and put on its passage.
The motion was agreed to--yeas, 78; nays, 0.
The bill passed--yeas, 77; nays, 0.
THE NEW STATE HOUSE.
On motion by Mr. Cauthorne, the regular order of business was suspended and the bill [H. R. 407--see page 75 of these Reports, Vol. 20] to provide a revenue to complete the State House building, authorizing money to be borrowed to meet any casual deficiency, appropriating such revenue to the completion of the State House and other matters pertaining thereto, was read third time.
Mr. RYAN said it has been suggested to me that the limitaton in the bill of the appropriation of $100,000 of the cash balance to the general fund, may possibly defeat the bill. That ought to be changed to "any fund not otherwise appropriated." The Treasurer of State might avoid the purposes of the bill by transferring and changing the fund in such a way as to defeat the appopriation. A little verbal change would avoid it.
Mr. CAUTHORNE said: I have no objection to the amendment.
Mr. RYAN, by unanimous consent, offered the following amendment, which was adopted: By striking out the words "of the general fund" and insert in lieu thereof "in the treasury not otherwise approprated."
The bill passed--yeas, 69; nays, 6.
SUPREME COURT COMMISSIONERS.
Mr. RYAN called up his bill [H. R. 489--see page 115 of these Reports] concerning the Supreme Court for the appointment of five Commissioners, which failed for the want of a constitutionl majority.
The bill passed--yeas, 62; nays, 23.
OFFICES AND OFFICERS.
The regular order--the bill [S. 325] concerning officers and offices--was resumed, commencing with Section 60.
Mr. KENNER moved to amend Section 101 by adding the following: "And a certified copy of the printed acts of each session of the General Assembly." He said, in setting forth what the Secretary of State shall preserve, it is also necessary that he preserve a copy of the printed acts. That is the purpose of the amendment.
The amendment was adopted.
SESSION HOUR.
Mr. Hinton's resolution, to change the rule of the House so as to meet two night of each week (Wednesday and Thursday nights) was taken from the table and adopted.
THIRTY-NINTH JUDICIAL CIRCUIT.
On motion by Mr. FANCHER, the constitutional rule was suspended and the bill [H. R. 521] to define the Thirty-ninth Judicial Circuit, and fixing the time for holding Courts, was read the first and second times by title, the third time by sections.
Mr. CAUTHORNE said he had something to do with changing the Circuit up there, and he felt satisfied that the business of the Circuit could all be done if Pulaski County were added. He had no objection to this change.
Mr. CARR, of White--The Judge says emphatically, "No;" that he don't want the County attached to ours (White), as he has already thirty-six weeks occupied, and if he takes Pulaski, it gives him forty-eight weeks, more than any man on earth ought to expect. I am decidedly opposed to the annexation of Pulaski County to our District.
The bill passed--yeas, 53; nays, 23.
FOREIGN INSURANCE COMPANIES.
The Committee on Insurance reported on the bill [H. R. 494--see page 102 of these Reports, vol., 20] to regulate foreign Insurance Companies doing business in this State, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Mr. BUSKIRK said this was a very important bill, and moved to suspend the constitutional rule, that the bill be read a third time by sections and put upon its passage.
The motion was agreed to--yeas, 68; nays, 6--and the bill was read the third time.
Mr. KENNER--There is a simple amendment that I would like to get into this bill. I will you why. Under our present laws are is a discrimination against one Insurance Company known as the Underwriter's Agency. It is composed of two Companies, the Germania and Hanover, both of New York, both doing business under the Underwriter's Agency. The Auditor of State construes this combination and says there are two Companies, and increases the expense just double to that of one Company. They only issue one policy in one State, and it is unjust discrimination against them. It would save them several thousand dollars. I want to insert after the word "Companies" the words "Or Insurance Organizations." That lets them out.
The amendment was agreed to and considered engrossed.
Mr. BUSKIRK said this to meet a class of cases that I know of where the Company did business, took risks and then left the State. In one instance the judgment was out, but they could not be reached. One case where a widow woman was kept out of a large amount of money due her, and we could not get service because the Company closed to have officers in this State, and there was nothing upon which we would get services, and the only thing to do was to take an attachment, which is troublesome. One of the principal objects of the bill is to meet cases of this kind. I hope the bill will pass.
The bill passed--yeas 58; nays, 13.
BILLS PASSED.
Senator Smith's bill [S. 16] to amend Section 79 of an act for the incorporation of cities, was read the third time and passed--yeas 69; nays, 1.
Mr. GARDNER called up his bill [H. R. 418--see page 225 of these Reports] to amend Section 54 of an act to repeal all general laws now in force for the incorporation of cities, prescribing powers, duties and the manner in which it shall be done, approved March 5, 1867, was read the third time and passed--yeas, 76; nays, 1.
Then the House took a recess until 7;30 p. m.
EVENING SESSION.
An evening session was held to continue the reading of Senate bill 325, and after the reading of about 100 sections, the House at 9 p. m. adjourned.
