IN SENATE.
THURSDAY, April 7, 1881--9:30 a. m.On motion by Mr. BROWN, the vote of yesterday accepting Mr. Wilson's resignation as Chairman of the Finance Committee was reconsidered, and the Senate refused to accept the resignation.
GREEN RIVER ISLAND.
On motion by Mr. Rahm, his bill [S. 281] to amend Section 2 of the act of March 14, 1877, authorizing the acquisition of Green River Island, was read the second time
Mr.RAHM--The effect of this bill would be to have clearly defined the boundary line between this State and Kentucky. This subject was before the Legislature in 1873, and an act passed. The matter was referred to in the Governor's message in 1877, and an act passed in that year, but no appropriation was made to carry the law into effect. There is trouble there because nobody knows where the line is. It is better to pass the bill, and be done with the matter. The money recommended to be expended is $3,000, or so much thereof as may be necessary to establish the line.
Mr. CHAPMAN insisted the State Attorney General should perform the duties required in this bill. He opposed passing an act appropriating $3,000 to be expended in this case. This bill should not be passed in this hasty manner. In all probability this will only be the beginning of the evil, and other claims for attorneys fees will follow.
Mr. VIEHE without advocating or opposing this bill made some statements concerning the tract of land referred to, and insisted the question of jurisdiction shou d be settled.
Mr. COMSTOCK moved to amend so as to instruct the Attorney General to institute proceedings, but making no appropriation of money.
Mr. GRUBBS believed the amendment proposed would render the bill useless, and besides it is in substance already provided for in the act of 1877. This matter cannot be proceeded without an appropriation.
Mr. BROWN understood counsel can be had in this case for their simple expenses, but money must also be had to obtain testimony of old river Captains and pilots.
Mr. CHAPMAN had no objection to the bill if amended so as to appropriate money only for expenses other than attorney's fees.
Mr. RAHM said the last Attorney General was requested to bring suit, but refused for want of means to procure testimony. The Governor had no money to appropriate for that purpose, and an appropriation was necessary.
The amendment was rejected.
Mr. OWEN moved to reduce the appropriation from $3,000 to $1,500.
The motion was agreed to.
On motion by Mr. CHAPMAN, authority to employ counsel was stricken out.
The bill was ordered engrossed.
ALIEN FREEHOLDERS.
On motion by Mr. OWEN, the bill [H. R. 91] to authorize aliens to hold real estate in Indiana, was taken up. It was read the third time yesterday.
Mr. HENRY demanded the previous question.
The demand was seconded, and under the operation of the previous question the bill failed to pass for want of a constitutional majority--yeas, 23; nays, 22--as follows:
Yeas-Bischowiski, Bundy, Comstock, Davidson, Davis, Garrigus, Graham, Grubbs, Henry, Hostetler, Hutchinson, Kahlo, Langdon, Lockridge, Major, Menzies, Owen, Sayre, Smith, Spann, Traylor, White--23.
Nays--Berry, Briscoe, Brown, Chapman, Coffey, Compton, Foster, Hart, Hefron, Keiser, Kramer, Leeper, Marvin, Rahm, Ristine, Shaffer, Urmston, Viehe, Voyles, Wood, Woollen, Yancy--22.
HUSBAND AND WIFE.
On motion by Mr. COMSTOCK, the bill [H. R. 219] concerning husband and wife--a Senate substitute therefor--was read the third time and passed.
TEMPERANCE LEGISLATION.
Mr. SPANN called up the special order, being the joint resolution [H. R. 7] proposing an amendment to the Constitution forever prohibiting the manufacture or sale of intoxicating liquors except for scientific, medical, mechanical and sacramental purposes. He moved for a suspeusion of the constitutional rule that the joint resolution page: 143[View Page 143] may be read the second time by title, the third time by sections, and put upon its passage.
Mr. MENZIES raised the point of order that the Constitution did not require joint resolutions to be read three times, and therefore this motion is out of order.
The LIEUTENANT GOVERNOR overruled the point of order.
Mr. MENZIES appealed from this decision, being joined by Messrs. Spann and Foster.
The LIEUTENANT GOVERNOR--As I understand it has been the custom of the Senate since the adoption of the Constitution to read joint resolutions three several times on three several days, certainly that has been the custom of the last and of the present Senate. My attention has been called to this question heretofore and I can see no reason for it except the precedent. If it is the desire of the Senate to change this rule of practice and have read but once measures proposing to change the fundamental laws of the State, as far as I am concerned I am willing to voice the majority of the Senate.
The decision of the Chair was sustained.
Mr. COFFEY demanded the previous question.
The demand was seconded by the Senate and under its operation the motion to suspend the constitutional rule failed--yeas, 33; nays, 13--for of two-third affirmative vote.
On motion by Mr. SHAFFER, after the joint resolution was read the second time, it was made a special order for 10 o'clock to-morrow, as were other proposed amendments to the Constitution pending in the Senate, extending the right of suffrage to women, etc.
On motion by Mr. KAHLO, the bill [H. R. 53] to amend the law requiring railroads to sound their whistles at crossings, was read the third and passed.
APPELLATE COURT.
Mr. COMSTOCK introduced a bill [S. 375] to create a Court of Appeals, and providing for the transfer to said Court of all appeals pending in Supreme Court in actions for the recovery of money in sums above $50. [One Judge to be elected from each of the five Supreme Court Districts, to serve four years, at a salary of $4,000] which was read the first time.
AFTERNOON SESSION.
MUNICIPAL TAXATION.
On motion by Mr. TRAYLOR, a vote was ordered on Mr. Graham's bill [S. 81] defining taxation of lands in cities and towns.
Mr. TRAYLOR said this bill only declares that property in town and cities, comprising five acres or over, used for agricultural purposes, shall be taxed only as other lands in the Township are taxed.
The bill passed by yeas, 36; nays, 0.
THE CRIMINAL CODE.
The Senate returned to the bill S. 367.
On motion by Mr. URMSTON, it was made imperative instead of discretionary upon the Court to grant new trials for the causes named in Section 278.
Mr. BRISCOE moved to insert for 331 the definition of "a public nuisance" found in the civil code bill.
Mr. TRAYLOR insisted that was not broad enough.
The motion was rejected.
The section was referred to a Select Committee.
Mr. BROWN desired to see the law stand correct on principle, and on his motion Section 16 was stricken from the bill, which makes a conviction or acquittal for an offense within jurisdiction of this as well as another State or Territory a bar to further prosecution.
The Special Committee thereon submitted amendments to Section 311, referring to a jury de inspeciendo.
Mr. BROWN opposed the report. There is such great uncertainty in ascertaining what the report requires.
Mr. BELL thought the amendment ought to prevail. The law ought to be right, though such an occasion might not occur in a thousand years.
The amendment was rejected.
Mr. KAHLO moved to strike out the word "men"and insert in lieu the word "women."
Mr. BROWN moved a substitute "six" for "twelve men."
Mr. BELL opposed the substitute and favored the amendment.
Mr. BROWN insisted on his substitute.
The substitute was adopted.
Mr. SAYRE moved to reconsider the vote by which the Committee report on Section 71 was concurred in. Under the section as it now stands although the police may make an arrest, yet the fines resulting go to the school fund instead of going into the City Treasury. The obection to this is that the corporation is compelled to maintain a police force at the expense of the city, and yet the fines assessed and collected in the City Court shall not belong to the city to help pay expenses of the city government.
Mr. BROWN thought the section ought to stand. The Constitution of the State declares the power to punish for crimes belongs to the State and not to a city. Every time a man is fined in a city for be in drunk, or selling liquor on Sunday, is but on a civil suit, and rules for trial of criminal cases do not prevail in City Courts. The State should have the power and right to enforce criminal laws, and it is unwise to trust the safety of human life and the protection of property to policemen of some city. Cities under municipal governments at times set aside the authority of the State and attempt to exercise that authority. Leave to te officers of the State the execution of the criminal law,and the public peace will be in a better condition than where the contrary is the case The reason gambling and that species of crime run riot in cities is because of the action of a certain class of policemen to be found in all large places.
Mr. LANGDON could not concur in the report, because under it there would be a failure to preserve the peace and quiet of a thickly populated place. If it be true that policemen would be stripped of power and depend upon Constables, there would be no adequate protection for the city.
Mr. HEFRON--The report would inhibit city authorities from taking cognizance of misdemeanor acts.
Mr. BELL insisted not; but that policemen would have power to take offenders before the Mayor.
Mr.HEFRON--If the point only is that the city shall have power to execute the laws of the State, and the fines be diverted from the school fund, that is a different thing. Every municipal corporation has the right to enforce its own police regulations for the protection of life and property, and the quiet and peace of society.
Mr. CHAPMAN said the only place where this touches the city would be that fines would go to the school fund if this were to become a law, and in the other case they would go into the city fund. As the law has been the cities may duplicate the acts of the statue book, and in that way inflict double punishment for the violation of a misdemeanor. Years ago he came to the conclusion that was radically wrong. When the State takes cognizance of a misdemeanor, no subordinate locality has a right to make that an offense against that lesser jurisdiction. It is not right, or just, or proper to permit the same act to be made a double offense. If the offense is just as grave outside of the limits of a city, then there is no reason that it should be made doubly punishable when created inside of the corporate limits of a town or city. If the punishment embraces a full punishment for the page: 144[View Page 144] offense, there is no reason to have it duplicated. The amendment is right and would cause a serious abuse.
Mr. BELL bore witness to abuses that have grown up by proceeding against the defendant in both a State and city suit for the same offense. We should not delegate the execution of criminal laws to municipal authorities.
On motion by Mr. BROWN, the motion to reconsider was laid on the table--yeas, 23; nays, 16.
EXECUTIVE APPOINTMENT.
A message from the Governor transmitted His Excellency's appointment of Mrs. Mary E. Burson, of Delaware County, as a member of Board of Managers of the Indianapolis Reformatory Institute for Women and Girls, to fill a vacancy occasioned by the resignation of Mrs. Rhoda M. Coffin.
On motion by Mr. BELL, this appointment was confirmed by the Senate.
COMMON SCHOOLS.
Mr. OWEN, from the Committee on Education, returned the bill [H. R 322] concerning common, schools, with numerous amendments, which was placed on the files without reading. On his further motion this bill was made the special order for Monday at 2 o'clock p. m.
PUBLIC OFFENSES.
On motion by Mr. COMSTOCK, the bill [H. R. 393] concerning public offenses, was taken up and read section by section, for the purpose of proposing amendments.
An amendment proposed by Mr. HENRY to Section 27, and Committee amendmeents to Sections 4, 13, 25, 26, 27, 28 and 29, were adopted.
The Senate took a recess until 7:30 o'clock.
NIGHT SESSION.
Committee amendments were concurred in to Sections 31 to 46 inclusive, except 37, 38 and 39, which were passed over till more Senators shall appear. An additional section, 56 1/2, was added. Sections 57, 59 1/2 and 60 were amended.
Mr. HEFRON moved to strike out Section 65 pending which--
Came an adjournment till to-morrow.
