HOUSE OF REPRESENTATIVES.
FRIDAY, April 8, 1881, 9 a. m.PLATE GLASS INSURANCE.
The bill [S. 368] supplemental to an act regulating foreign Insurance Companies, was read the second time.
Mr. FURNAS moved to amend the bill by adding to Section 1, Provided that nothing in this act shall effect or control the prosecutions for violation of law and of the provisions of the foreign insurance laws of the State prior to the passage of this act.
Mr. EDWINS was opposed to this amendment, for the reason that this Plate Glass Insurance Company about a year ago got a certificate from the officers of State, certifying that they could do business in the State with $100,000 capital. The Company is not strictly responsible, therefore he thought the amendment should not be adopted.
Mr. RYAN said this Insurance Company knew when they commenced doing business in this State that they were doing so in violation of law--a well-established, recognized statute of the State, and that they were seeking and willing to take its chances of slipping through, and transact business in the manner in which they did without proseution. It would be an unjust discrimination against other organizations were the page: 15[1][View Page 15[1]]Legislature to step in and legalize the acts after having been visited with the consequence of violation of law. These laws were supposed to have been instituted to protect the rights of the people, and if this Insurance Company takes its chances in the violation of the law, I say it is small business for this body to pass a law exempting them from the consequences of this penal offense. This amendment is one which ought to prevail. I am utterly opposed to this thing of legalized statutes, and this Legislature has run entirely mad upon that subject. Corporations, Insurance Companies, Notaries Public and officers of all kinds have been in here during the session with legalizing acts. The Legislature had better organize itself into a different sort of an Institution or stop legalizing any corporation or individual which has violated the law. Any horse thief has as good a right to come in here and say that the Auditor of the State gave him the priviledge to steal that horse, and that the Legislature should pass a law relieving him of the penalty. I hope the amendment will prevail.
Mr. FRAZIER--This bill, by its first section, changes the amount of capital required to be held by Plate Glass Insurance Companies from $200,000 to $100,000. This is as it should be. Life and Fire Insurance Companies are liable at any time to suffer large losses, even beyond the amount of the capital required; but the business of insuring plate glass is small. The loss liable to be sustained is small compared with the loss which may befall a Fire Insurance Company; and if $200,000 is sufficient for a Fire or Life Insurance Company, $100,000 is certainly sufficient for a Plate Glass Company. No Plate Glass Company in the country has more that $100,000 capital, and to require more is to exclude them from doing business in the State. The second section makes all associations and partnerships not incorporated under Indiana laws and engaged in the business of insuring plate glass foreign Insurance Companies within the meaning of the act, This is certainly right. We require incorporated Companies to have certain qualifications or they can not do business in the State, and yet a firm without capital can, under the law, do business here and pay no taxes, be governed by no laws, have no agent here upon whom summons can be served, pay their losses if they see fit, and if they fail our citizens are compelled to go out of the State to sue. I can not see the consistency of making certain requirements of a corporation and at the same time permitting partnerships to transact the same business without any of these requirements. The second section puts all, whether corporations, associations or partnerships, upon an equality, and makes the same requirements of all.
The amendment of the gentleman from Marion is for the purpose of permitting one of these partnerships, which is amenable to no law of the State, to persecute and harrass in the Courts a corporation which seeks to comply with the law, pays taxes, has the requisite capital, and can be sued in this State. The adoption of the amendment would be an injunction, and it should not be adopted.
Mr. KENNER--There is one fundamental section in the bill of rights which says the General Assembly shall not grant to any citizen previlege which shall not be extended to other citizens. If this Company has violated the law--if they have got into the State of Indiana and conducted their business with $100,000 or less capital, when the law says a Company of this kind shall have $200,000 capital, they have violated the law, and the question with us is: Shall we settle this matter here after the Court has held her amenable to the law for violation and say they are exonerated? I believe the law is unconstitutional on the merits of the bill itself. It says there is an Insurance Company which came into the State, issued policies, with a capital of only $100,000 capital when other Companies must have $200,000 capital, thus giving them a right which we deny every other Company in this broad land. I do not want to go that far. I say, let the amendment prevail.
Mr. MOODY--I insist it was no fault of the Company that they did business in this State with a capital of only $100,000 instead of $200,000, for the authority of our own State, issued under seal of the Auditor of State, said they might takes risks in this State with their capital stock, and now are we to say that the door shall stand open for these New York gentlemen to satisfy their malice by bringing a criminal prosecution against this Company for each and every policy they have issued in this State. If you gentlmen think this is just, then vote for the amendment; but if you think and I think, and I believe you do--that this would be an act of injustice on the part of the State of Indiana toward this Company--then vote the amendment down.
Mr. WRIGHT--I undertake to say that under the circumstances there is nothing done but what ought to be legalized. The question is, is $100,000 sufficient for a Company of this kind? A Life and Fire Insurance requireds $200,000 capital stock. The simple question for the members to decide is should this Plate Glass Company be required to have as much stock as Life and Fire Insurance Companies? I undertake to say not, because I believe the business of Life and Fire Insurance Companies may have ten times as much capital involved, and ten times as many losses as Plate Glass Companies. One hundred thousand dollars is ample security to every man who insures his plate glass in such a corporation.
Mr. FULLER--From what I understand of this amendment, I am in favor of it. The law knows nothing that excuses violation by a corporation or person on account of ignorance. If I violate a law, I am amenable to the law, whether the law is known to me or not, and a corporation has to abide by the law as an individual party. If there is nothing wrong, there is nothing to harm them. I do not think the Legislature ought to amend a law so as to excuse parties, and especially great corporations, governed by attorneys that are able to tell them what is lawful. We have no right to undo what the Courts have done.
Mr. MEREDITH thought it only a matter of good faith. They come in here and do business, as they thought, in a legitimate way. They have violated the law. It is a question whether we shall keep good faith with these officers and the persons doing business with them.
The amendment was rejected--yeas, 38; nays, 44--and the bill was ordered engrossed.
HOUSE BILLS PASSED.
The Committee reported on the bill [H. R. 291, see page 69 of these Reports] defining the rank, powers and duties of the Adjutant General, fixing his salary, recommending its passage.
The report was concurred; the bill passed--yeas, 56; nays, 26.
Mr. Cotton's bill [H. R. 345] to transfer the Center Township Library to Marion County was read the third time and passed--yeas, 66; nays, 5.
Mr. SHEILDS' bill [H. R. 383] to provide for the removal of drifts from streams other than those running between States was read the third time. He said the bill is one in which my people are very much interesteo. It can be demonstrated by the removal of drifts that we can reclaim at least 100 miles of overflowed land, thereby lessening the amount of disease vastly. I hope the bill will pass.
The bill passed--yeas, 68; nays, 1.
DRAINAGE OF THE KANKAKEE MARSH.
Senator Garrigus' bill [S. 300] to provide for the page: 152[View Page 152] survey and leveling up of wet and swamp lands and contemplated routes and outlay of watercourse of the Kankakee regions, appropriating $5,000 for that purpose, was read the third time.
Mr. GARDNER said this is a very important bill to the State of Indiana. There are nearly a million acres of wet lands that are comparatively worthless, that it is believed may be reclaimed by a simple system of drainage. This act contemplates a survey to ascertain what routes are practicable for the drainage of this land. A certain number of surveys have been made, under the authority of the United States, for the purpose of ascertaining whether the Kankakee is a stream that can be drained so as to render this land useful. It is very well known that some of the richest lands in the State of Indiana are located in this region, which only require a suitable system of drainage to make them among the best paying lands of the State, now wholly unprofitable. This bill is in the interest of economy to the whole State, as it will, if drained, bring in a large increase of revenue. I hope the bill will pass.
Mr. BEATTY said: I am very well acquainted with these lands. A larger portion of the land is owned by citizens of the adjoining Counties and of the State, but a small portion of it is owned by men outside of the State.
Mr. CARR was opposed to the bill upon the ground that it was unfair to tax the people of the State to survey lands owned by private individuals.
Mr. THOMPSON said there was a gigantic scheme gotten up for the purpose of draining this marsh. I understand this is only a modest way by which improvements can be made, and the next Legislature, after this $5,000 is expended, will be called upon to appropriate a much larger amount. It is only a gigantic scheme by which the people are taxed for this improvement which benefits only private individuals, and I think the Legislature ought to vote this measure down.
Mr. WOLF--I can not see why members should object to this bill. I live in a village within four miles of the Kankakee marsh, and I know there is a vast amount of lands there--the best in the State. This bill should become a law, or any other bill that tends to improve this large tract of land, so that it will be cultivated and become useful to the State.
The failed to pass--yeas, 41; nays, 26--for the want of a constitutional majority.
On motion by Mr. FALL, the bill [S. 349] to legalize the incorporation of the town of Lagro was read the second time by title, the third time by sections, and passed--yeas, 57; nays, 16.
CONSTITUTIONAL AMENDMENT.
The joint resolution [H. R. 9] to amend the Constitution of the State so that State and County officers shall hold for four years was read the third time, and passed--yeas, 57; nays, 16.
AFTERNOON SESSION.
The following described bills were introduced, read the first time and referred:
By Mr. CARTER [H. R. 525]: To amend Sections 1 and 7 of an act in relation to the formation of limited partnerships.
By Mr. McDOWELL [H. R. 526]: Requiring County Treasurers to account for interest received or promised to be given, and the disposition to be made of such interest. [Such interest to be paid into the County Treasury as a County fund to be used for the repair and construction of roads, bridges, etc.]
BUREAU OF STATISTICS.
Mr. Kenner's bill [H. R. 232] to establish a Bureau of Statistics for the collection and dissemination of facts concerning agriculture, manufacturing, mining, emigration, transportation, social and sanitary conditions, etc., was read the third time.
Mr. KENNER said--The Bureau of Statistics under this amendment will be of inestimable value to the State of Indiana.
The bill passed--yeas, 66; nays, 14.
INCORPORATIONS.
Mr. HUSTON's bill[H. R. 420] concerning corporations, was read for the third time.
Mr. FRAZIER said it merely corrects other acts on the subject of corporations for the purpose of getting it all together; the several laws on the subject of corporations is compiled in one. There is no radical change from the law as it now stands.
The bill passed--yeas, 68; nays, 8.
CRIMINAL COURTS.
Senator Comstock's bill [S. 276], concerning Criminal Courts, was read the third time.
Mr. MORGAN moved to amend the bill--Section 8--by adding the following: "Provided, however, that the said Criminal Court in Vigo County shall cease to exist after the third Monday in November, 1882."
Mr. MORGAN--The bill before the House was prepared by the Revision Commission, codifying in one law the various statutes creating Criminal Courts in Allen, Marion and Vigo Counties, and repealing the laws at just creating these Courts. The Governor has first approved the House bill 17, creating in Vigo County a Superior Court and abolishing the Criminal Court after the third Monday in November, 1882. If this bill be passed as it is now, being the latest statute, it will in effect repeal the clause in House Bill 17, abolishing the Vigo Criminal Court on and after November, 1882. In other words, it will give us three Court in Vigo County to continue indefinitely, while the law which we have just passed, and has been signed by the Governor, give us three Courts only until November, 1882. Therefore I hope no gentleman will vote against the amendment.
The amendment was adopted, considered as engrossed, and the bill passed--yeas, 69; nays, 2.
CLAIMS AGAINST THE STATE.
Mr. FLOOD'S bill [H. R. 377] regulating the presentation of claims to the General Assembly [to file an itemized statement verified by affidavit with the State Auditor] was read the third time. He said the object of this bill is simply to revise the methods by which these claims which are brought to the attention of the Legislature, may be put in shape, that this body may have the evidence necessary to form correct conclusions in the consideration of such claims.
The bill passed--yeas, 56; nays, 11.
L. S. SHULER AND T. R. JONES.
Mr. Carter's bill [H. R 479] for the relief of Lawrence S. Shuler and Thomas R. Jones was read the third time.
Mr. CARTER said some years ago a judgment was rendered in the Clarke Circuit Court, against Shuler and his bondsman, and in the absence of Shuler the other parties agreed to pay $1,500, and the further agreement was made that the remaining bondsmen, who were then still living, would make the amount $300 each. The two bondsmen who were there and made the agreement have paid theirs and the other one is not able to pay it. Mr. Shuler is himself absolutely paralyzed. It is also claimed if Shuler had been there that judgment would not have been rendered against them.
The SPEAKER (Mr. Ridpath)--This is a matter which affects one of my constituents. This bill is to release two gentlemen from the liability of a judgment. As a legal proposition, the credits on the bond have been already released, from the fact that two parties to the judgment have paid their part of the judgment by an agreement with page: 153[View Page 153] the Attorney General, and the other part of the judgment was not a part of the agreement. Old man Jones lives over in my District. He is old and unable to pay the judgment.
The bill passed--yeas, 71; nays, 1.
BILLS PASSED.
Mr. Frazer's bill [H. R. 443] to legalize the incorporation of the town of Syracuse, Kosciusko County, was read the third time and passed--yeas, 71; nays, 1.
The bill [S. 374] to legalize the proceedings of the Board of Trustees of the town of Bedford was read the second time by title, the third time by sections and passed--yeas, 76; nays, 0.
POLYGAMY.
Mr. Edwins offered a joint resolution that our Senators and Representatives in Congress be requested to use their influence to secure the passage of a law to prohibit polygamy in any of the States or Territories of the United States, as this body looks upon it, as not only unchristian, but grossly revolting in its tendency.
On motion by Mr. MEREDITH, the resolution was referred to the Committee on Federal Relations.
CITY MARSHALS.
On motion by Mr. GIBSON, the bill [S. 232] defining the jurisdiction and powers of allowing City Marshals certain fees in addition to their salary, was read the second time, the third time by sections and passed-yeas, 74; nays, 8.
COMMON CARRIERS.
Mr. Gillum's bill [H. R. 382 to regulate the carrying of baggage, packages, freight by railroads, steamboats, canal-boats, Express Companies, hack and stage lines and other common carriers, was read the third time and passed--yeas, 74; nays, 0.
BENEVOLENT INSTITUTIONS.
Mr. Gregory's bill [H. R. 387] to create a Board of Visitors for the Benevolent, Penal and Reformatory Institutions, to examine into management, conditions, etc., was read the third time and passed--yeas, 53; nays 35.
Then the House adjourned.
