THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE
SATURDAY, April 9, 1881--9:30 a. m.THE CRIMINAL CODE.
The bill [H. R. 367--see pages 123 and 132 of these Reports] concerning proceedings in criminal cases passed the final vote, with numerous Senate amendments heretofore made, by yeas, 37; nays, 5.
RELEASE OF BONDSMEN.
The bill [H. R. 316] for the relief of a Trustee in Scott County, who lost $900 of the public funds by the failure of a bank in Kentucky, was read the third time and passed--yeas, 36; nays, 5.
POLICE JUDGE FOR INDIANAPOLIS.
The bill [H. R. 34--see pages 70 and 83] to provide for the election of a Police Judge in cities having a population of 60,000 and over, being read the third time--
Mr. MENZIES could see no reason for having a Police Judge, since the jurisdiction of the Mayor had been cut down one-half.
Mr. VAN VORHIS did not understand that any jurisdiction had been taken away from our Mayors. He thought the city ought to be able to call to its Mayoralty a business man, and not be compelled, as now, to call a lawyer to that chair, so he may be qualified to act as Police Judge.
The bill failed to pass for want of a constitutional majority--yeas, 19; nays, 18--as follows:
Yeas--Benz, Chapman, Comstock, Garrigus, Graham, Grubs, Henry, Hostetter, Kahlo, Keiser, Langdon, Lockridge, Owen, Ristine, Sayre, Van Vorhis, White, Wilson and Yancey--19.
Nays--Briscoe, Brown, Bundy, Coffey, Compton, Davidson, Davis, Vaster, Hart, Hefron, Hutchinson, Kramer, Marvin, Menzies, Traylor, Marston, Voyles and Wood--18.
CARE OF PAUPER CHILDREN.
The bill [H. R. 119] amending an act concerning the organization of voluntary associations being read the third time--
Mr. SPANN belived a bill passed the Senate covers the same ground.
Mr. VAN VORHIS explained that this bill provides the per diem for keeping the child can be paid at once without waiting for one year under the present law. The bill passed the Senate is not a mandatory act, while this is an amendment to an existing statute.
The bill was rejected--yeas, 15; nays, 21.
PUBLIC OFFENSES.
On motion by Mr. COMSTOCK, the Senate returned to the consideration of the bill [H. R. 393--see page 17] conoerning public offenses, commencing where it left off yesterday, at Section 165.
On motion of Mr. URMSTON, the minimum fine for selling intoxicating liquor to an intoxicated person was reduced from fifty to five dollars.
Mr. HENRY made an ineffectual motion to make it ten dollars.
On motion by Mr. COFFEY, all was stricken out, proposing a fine for the second, and a fine and imprisonment for the third conviction of being found is a a public place in a state of intoxication; so the section stands with a simple fine of five dollars for that offense.
Mr. BROWN moved to strike out all in reference to imprisonment for the sale of spirituous liquor to an intoxicated person. It is too much of a punishment for so trivial an offense; it is out of all reason. This section does not confine the punishment to confirmed drunkards, and would be placing in the power of some malicious person to jail one whom the State has licensed to sell liquors. The enormity of the penalty will in many instances defeat the object of the section.
Mr. HENRY thought the punishment should be left discretionary, and so moved to amend.
Mr. COFFEY opposed the motion to strike out. The talk about non-execution of the law is bosh. The penalty should be such as to deter men from violating laws. Is it wrong for a person engaged in the sale of intoxicating liquors to sell such to persons in a state of intoxication? The law declares it is a public offense, and unless sufficint penalties are imposed men engaged in the traffic will not be deterred from so doing. If a small fine is imposed they care but little for it, but if in addition they are to be imprisoned, that punishment will be a deterrent. Unless this page: 156[View Page 156] clause is left in the bill, the whole section might as well be stricken out.
Mr. SPANN also opposed the motion to strike out. There should be such a penalty affixed that such a crime will not be repeated. The penalty we have is not sufficient. This section is not harmful to the man selling the liquor, because it requires proof to be made that the seller had direct knowledge of the fact that the buyer was intoxicated.
Mr. FOSTER believed the motion to strike out is right, and opposed the adoption of the section as it stands. It unfair and unjust.
Mr. HENRY withdrew his motion.
Mr. BROWN said there would scarcely ever be a conviction under this section. Encouraging prosecutions of this kind would be to encourage prosecutions of some poor unfortunates unable to defend themselves. The more wealthy and highly connected would almost invariably avoid the penalty.
The motion to strike ont was agreed to.
Mr. Henry reoffered his amendment, leaving imprisonment in the discretion of the Court or Jury trying the case.
Mr. BROWN believed the same evil, in many instances, would occur, and hoped the amendment would not prevail.
The amendment was rejected.
The PRESIDING OFFICER decided the bill is before the Senate for commitment or amendment, after which the question will be: Shall the Senate amendments be ordered engrossed?
AFTERNOON SESSION.
On motion by Mr. DAVIDSON, the bill [H. R. 283] to legalize the corporation of the town of Argos, Marshall County, was read the first time and passed over because so few Senators were present.
The Committee amendment striking out the disfranchising clause was concurred in.
Mr. TRAYLOR moved to strike out the imprisonment clause for selling to intoxicated persons.
Mr. WILSON hoped the section would remain just as it stands.
Mr. WOOD insisted this bill was too savage in its character. He would be willing to see a reasonable law passed.
Mr. GARRIGUS insisted no man should have license another moment after violating a notice forbidding the sale to any son, father or relative.
Mr. GRAHAM could not describe the enormity of the offense. It ought to be punished with imprisonment for a long term.
Mr. BRISCOE said liquor-sellers knew their customers and are well aware of their habits, and should not be permitted to sell, to the class who are in the habit of getting intoxicated. He opposed the clause allowing notice to be given by any citizen of the Township or Ward, because it would productive of mischief. No man has the right to interfere with the domestic relations of another. He desired such notice to come directly from some member of the immediate family. And he opposed striking out a cent of the penalty. The punishment can not be too severe, after notification in writing. If a fine would prevent this evil, though it be $5OO, he would vote for it. He would do anything in reason to stop that kind of business.
Mr. FOSTER was surprised to notice the position of the Senator from Blackford [Mr. Briscoe], in asmuch as that Senator voted against the joint resolution for a prohibitory amendment to the Constitution.
Mr. BRISCOE regarded his vote against local option as something to be proud of. The present law was much better than a local option measure.
The motion to strike out was rejected.
On motion by Mr. GRUBBS, the imprisonment was made discretionary with the Court or Jury trying the cause.
Mr, KRAMER made an ineffectual motion to substitute $50 for $100 as the maximum fine.
Mr. BRISCOE made an ineffectual motion to strike out the words, "any citizen of the Township or Ward wherein such person resides," and insert in lieu thereof "any member of his family" after the words, "notice shall have been given him in writing by."
Mr. BELL, from the Special Committee thereon, returned Section 169, with an amendment which would not prevent betting on races, but would prohibit such at Agricultural Fairs.
Mr. GARRIGUS saw no reason for making a distinction in this matter. The proposition of this Committee is to say betting is illegal at State and County Fairs, but is legalized everywhere else. He opposted making that kind of an amendment.
Mr. FOSTER would vote as he believed a majority of the better class of his constituents desire. He did not believe anybody ought to be allowed to gamble, and did not believe the people were demanding any such an amendment as this. It has been thoroughly tested and found to be true that a larger number would attend Agricultural Fairs and such meetings where there is no betting than where betting is allowed.
By consent the vote on concurring in the Committee report was deferred till more Senators are present.
Thirteen Senate Committee and eight other amendments were adopted.
SHEEP PROTECTION.
On motion by Mr. VAN VORHIS, the Senate reconsidered the vote by which the report of the Committee of Free Conference was concurred in on the bill [H. R. 36] to protect sheep husbandry, and the Senate consented to another meeting of said Committee to consider the disagreements between the two Houses on this bill.
SURPLUS TAX FUND.
On motion by Mr. SAYRE, the bill [H. R. 390] to amend the act of March 14, 1877, concerning the distribution of the surplus tax fund, was read the first time and passed to the second reading.
GOVERNOR'S VETO.
A message from the Governor was laid before the Senate, transmitting his Excellency's veto of the bill [S. 176] to amend an act of February 22, 1875, amending the act regulating the adoption of heirs, approved March 2, 1855.
The Governor sets forth his reasons for the veto at length, and states the belief that "the bill has been passed without due consideration."
The message is in the following words:
GENTLEMEN OF THE SENATE-
I respectfully return to the Senate, with my objections thereto, Senate bill numbered 176, entitled "An act to amend the first section of an act entitled 'An act to amend an act regulating the adoption of heirs approved March 2, 1855,' approved February 27, 1875."
The act of 1872, with respect to the adoption of heirs, as amended by an act of 1875, provides that any person who shall desire to adopt a child shall file his petition therefor in the Circuit Court of the County in which the child resides. It requires that the petition, besides giving the name of the petitioner and the child, and stating it has property, shall also state whether the child has father or mother living, and if so, where they reside; and the fifth section of the act, which is referred to in the above title as the first section of the act of 1875, provides that the Court shall not order the adoption of a child if it have father or mother living, unless the father or mother appear in open Court and give consent thereto. Provision, however, is made that if the petitioner shall show by two competent witnesses that the residence of the father or mother is unknown, or if the childe be in the House of Refuge for Juvenile Offenders or
page: 157[View Page 157]the Reformatory Institution for Women and Girls, committed to these Institutions by law for other reasons than the conviction of crime or incorrigibility, the Court may order the adoption upon terms therein provided, notwithstanding the consent of the father or mother may not have been obtained.
In the bill under consideration the clause of the existing law is ommitted, which provides in substance that in case where the child is not an inmate of the House of Refuge or of the Reformatory Institution for Women and Girls, it shall not be adopted when neither father or mother appears in Court, unless it is shown by two competent witnesses that the residence of the father or mother is unknown, and it substitutes for that clause these words:
"Provided, that where the father or mother do not appear, the child shall not be adopted without the consent in open Court of the Trustee of the Township where such child resides."
The rules concerning adoption, prescribed by the bill now returned, is in the following terms:
"Such persons shall not adopt such child if it have a father or mother living, unless such consent thereto; provided, that in all cases where the father or mother do not appear, the child shall not be adopted without the consent in open Court, of the Trusteee of the Township where such child resides; and, provided, further, that if such child be, at the time of filing and hearing such petition an inmate of the House of Refuge for Juveline Offenders, or of the Indiana Reformatory Institution for Women and Girls, committed therto by law for other reason that the conviction for crime or incorrigibility, such petition may be filed in any Circuit Court or Superior Court of the Sate, and upon tbe failing of the written consent of the Board of Control of the Board of Managers of such Institution to such adoption, then such Court may adopt such child."
It seems to me that under the provisions of this bill it would be competent for the Court to order the adoption of a child upon the application of a petition, if the Trustee of the Township should consent in open Court, notwithstanding the parents of the child might well be known, might be able to support it, might be ignorant of the pending of the application for adoption, and might be within easy reach of the process of the Court.
It is believed that the bill has been passed without due consideration, and that no member of either House would be willing to confer a power so dangerous upon any tribunal.
ALBERT G. PORTER.
Mr. HENRY said he introduced the bill at the suggestion of the Revision Committee, but until he showed the members of that Committee the original bill they would not admit they had gotten it up.
Mr. BROWN made an ineffectual motion to have the veto message made a special order for Monday at 9 1/2 o'clock a. m
REVISED STATUTES OF 1881.
On motion by Mr. LANGDON, 100 copies of the bill [H. R. 437] concerning the publication of the Revised Statutes of 1881, were ordered printed.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees.
By Mr. KEISER [S. 377]: Supplemental to the act approved April 8, 1881, defining the Thirty-first Judicial Circuit, by declaring that the same shall take effect immediately.
By Mr. WILSON [S. 378]: Concerning the organization and business of the two Houses of the General Assembly and matters properly connected therewith. (For the purpose of organizing the Senate: the Lieutenant Governor, or, in his absence, the oldest member of the Senate holding over. The Speaker of the last House to organize the House of Representatives, or, if he be not present, the Chief Clerk of the last House, or, if he be not present, some member elect, to be designated by the Governor.)
PUBLIC OFFENSES.
The consideration of the bill [H. R. 393] concerning public offenses and their punishment was resumed.
Mr. BROWN moved to postpone its further consideration.
The yeas and nays were demanded, and being taken showed no quorum present.
The came an adjournment till Monday at 9:30 a. m.
HOUSE OF REPRESENTATIVES.
SATURDAY, April 9, 1881--9 a. m.The session was opened with prayer by Rev. R. Halstead, of the Methodist Church of this city.
The reading of the Clerk's journal of yesterday's proceedings was dispensed with.
PERSONAL PRIVILEGE.
The SPEAKER [Mr. Ridpath] who was assailed by the Woman's Temperence Union for interfering with the interests of temperence legislation, denies that he has done anything by his ruling or otherwise to retard the progress of the cause. As the House Temperence Committee has also come in for a share of the displeasures of the Union, the Speaker says it was formed upon the direct suggestions of the leading spirits of the Union. He insist that he is thoroughly a temperence man in his own life, has strong views upon the subject, and has never failed to accord the temperance people the fairest hearing upon the floor of the House. He declares the resolution of the Union condemning him and the Temperence Committee as unjust, and inspired by evil disposed politicians who have worked themselves into the favor of the Union.
WEIGHTS AND MEASURES.
Senator Benz's bill [S. 73] to regulate weights and measures, approved June 9, 1852, by declaring that eleven pounds of sorghum molasses shall make a gallon, was read the third time and passed--yeas, 60; nays, 10.
TITLE TO REAL ESTATE.
Mr. HARGROVE called up Mr. Walker's bill [H. R. 317--see page 101 of these Reports] prescribing the duties of Clerks of Circuit Courts and County Recorders in certain cases, providing further compensation, etc., from the table, and it failed to pass--yeas, 33; nays, 47.
CONCERNING MARRIAGES.
Mr. Hottell's bill [H. R. 455] amending Sections 4, 8 and 11 of an act approved March 5, 1852, to regulate marriages and enforcing its provisions, was read the second time and ordered engrossed.
CONCERNING INSURANCE COMPANIES.
The Committee on Judiciary reported on the bill [H. R. 344]--See page 36 of these Reports] concerning Insurance Companies, recommending its passage with amendments.
The report was concurred in.
Mr. MILES moved to indefinitely postpone the bill.
Mr. BUSKIRK thought this should not be done, because the Revision Committee prepared it carefully, spending much time and money, and he favored treating the bill in a respectable manner by taking a vote upon it.
Mr. FULLER said: I am opposed to this sitting down on bills by indefinite postponement. When they come up upon their final passage, vote them down upon their merits or demerits. In the condition the bill is in now, I am opposed to it myself, but I have some amendments to offer which will probably improve the bill so that the House page: 158[View Page 158] will vote for it, an I hope the bill will have its course in the calendar.
The motion to indefinitely postpone was withdrawn.
Mr. CARTER moved to amend section 93 by adding to the end thereof the following:
"Or to Insurance Companies organized under special charters granted in this State prior to the adoption of the present Constitution."
He said there are threee or four Companies in the State of Indiana doing business under charters granted before th adoption of the present Constitution. The amendment to Section 93 excepts from the operation of the bill all Insurance Companies organized under special charters granted previous to the adoption of the present Constitution. Such Companies being governed by the provisions of the special acts under which they were organized, the Legislature has no power to subject them to the provisions of the general law on the subject of insurance. Consequently, this amendment should be adopted.
It was agreed to by the House.
Mr. HUSTON moved to amend line 64 by inserting after the word "State" the words "so far as the same requires such Society or Association to have assets in any stated amount."
The amendment was rejected.
Mr. RYAN moved to amend the bill by removing the discrimination between foreign and domestic Insurance Companies, and that the bill be recommitted with instruction to incorporate such amendments as shall put all Insurance Companies on an equality as to furnishing statements and the publication of the same in newspapers.
Mr. MILES--I am very anxious to see the time when we will have good Insurance Companies organized in the State of Indiana. I am satisfied from my observation that we will never have such a state of affairs until the discrimination between home and foreign Insurance Companies is dispensed with. If we would require home Companies to publish as other Companies do, then the people would have confidence in them.
Mr. FULLER-The rcommittal of this bill at this time only means the death-knell of the bill, from the fact that we have not time at this stage of the session to refer such a bill back and get it through both Houses. I think the bill can be amended right here and voted upon. Either pass the bill or defeat it. I move that the motion lie on the table.
The motion to table was rejected, and the motion to recommit the bill prevailed.
POISONOUS DRUGS.
Mr. Hunter's bill [H. R. 509] tp prohibit the sale or barter of poisonous drug or medicines to persons under the age of fourteen years was read the thirst time and passed--yeas, 60; nays, 13.
DECEDENTS' ESTATES.
Mr. CAUTHORNE moved to suspend the constitutional rule, and that the bill [S. 351--see pages 117 and 122 of this volume] to provide for the settlement and distribution of decedent estates be read the first and second times by title and the third time by sections, to-night.
Mr. RYAN moved to amend by saying that the bill be read the first and second times by title and the third time on Monday.
The amendment was agreed to--yeas, 74; nays, 6--and the bill was read by title the first and second times.
REORGANIZATION OF THE BENEVOLENT INSTITUTIONS.
Mr. KENNER moved to reconsider the vote by which the House refused to pass the bill [H. R. 206] to provide for the election, qualification and government of the Trustees, Superintendent and other officers and employes of the Indiana Asylums for the Blind, Institutions for the Deaf and Dumb, Insane Hospital, and Women's Reformatory, their management, etc. [This bill contemplates putting the management of these Institutions in the hands of the dominant political party, and gives the Governor the appointing power. The bill has an emergency clause.]
The motion was agreed to, and the bill passed--yeas, 54; nays, 30.
REDUCTION OF CITY LIMITS.
Mr. Sulzer's bill [H. R. 428] to authorize and empower cities and towns to disannex certain jurisdiction over to territory included within their corporate limits, was read the third time.
Mr. SULZER said the object of this bill is to enable towns to surrender a part of their corporate limits. There is no law upon the statute books which cover this ground.
The bill passed--yeas, 68; nays, 7.
Mr. Huston's bill [H. R. 380], to amend Section 6 of an act to authorize cities and towns to construct, maintain and operate Water Works, issue bonds to pay for such construction, abolishing the Board of Trustees of Water Works in cities having a population of over 10,000, was read the third time.
Mr. HUSTON moved to amend by striking out "ten thousand" and inserting the words "four thousand five hundred."
The amendment was adopted and the bill passed--yeas, 71; nays, 2.
SHEEP PROTECTION.
Mr. CAUTHORNE offered a resolution that His Excellency Albert G. Porter be requested to return to this House enrolled act No. 36 [see pages 49 and 127 of this volume], to protect sheep husbandry, which act originated in this House. He said it is necessary to ask a return of that baill as it is found defective, and if the law goes into force there will be a double tax on dogs. The bill was introduced by my friend from Marion (Mr. Cotton).
ENDOWMENT FUND--EXEMPTION.
The Committee on Ways and Means reported on the bill [S. 199--see page 174, volume 19] to amend the general assessment law of 1877 to exempt from taxation endowment funds of charitable institutions, recommending its passage.
The report was concurred in--the bill was read the second time.
SESSION HOURS.
Mr. EDWINS offered a resolution that when the House adjourn it be to meet at 2 p. m. on Monday.
Mr. WALZ said: I am opposed to this resolution. We are coming to the close of the session. There should be no adjournment made until we adjourn sine die.
Mr. THOMPSON moved to lay the resolution on the table.
The motion was agreed to.
COMMERCIAL FERTILIZERS.
Mr. Jackson's bill [H. R. 307] to regulate the manufacture and sale of commercial fertilizers, was called up and passed--yeas, 74; nays, 1.
TERRE HAUTE ADDITIONS.
Mr. Melrath's bill [H. R. 375] to authorize the plotting of additions and subdivisions to the city of Terre Haute, etc., to enforce liens for taxes against the same, was read the third time and passed--yeas, 72; nays, 4.
STREET CARS TO THE INSANE ASYLUM.
The bill [S. 373] to empower the Trustees for the Insane Hospital to confer upon any corporation, city or Street Railroad Company the privilege to enter upon and costruct and maintain tracks upon the land owned by the Hospital, was read the first time.
STATE SEWERS.
Senator Chapman's bill [S. 326] to make a con- page: 159[View Page 159] tract with the city of Indianapolis to construct sewers from the Deaf and Dumb and Reformatory Institutions, was read the second time
FREE TURNPIKES.
Senator Shaffer's bill [S. 217--see page 260, volume 19] amending Section 2 of an act for the repair of free turnpike roads in the various Counties of the State, to be controlled by the County Commissioners, was read the third time.
Mr. KENNER said this bill is simply to correct the errors of the Enrolled Clerk made two years ago.
The bill passed--yeas, 65; nays, 2.
LEGAL SALES NOTICE.
Mr. Chandler's bill [H. R. 465] to amend Section 4 of an act to regulate the sale of County property, etc., coming up--
Mr. KENNER said this bill was introduced by the gentleman from Hancock (Mr. Chandler). The only change is that property of a less value than $200 may be sold without giving notice. As the law now stands a notice of sixty days must be given. I think the proviso is right and ought to pass.
Mr. FRAZER--In the bill [S. 325] concerning officers and officers that ground is all gone over.
By unanimous consent, the bill was passed over.
FOR RELEASE OF BONDSMEN.
Mr. Mason's bill [H. R. 221] for the relief of Messrs. Wade, Smith, Kell and others, was read the second time.
Mr. MASON spoke in favor of the bill.
Mr. CAUTHORNE thought the bill should pass as the judgment against these parties, by decision of a similar nature, have since been reversed. The bill does not release the defaulter, but simply security.
The bill passed--yeas, 70; nays, 0.
AFTERNOON SESSION.
BILLS PASSED TO THE THIRD READING.
Mr. Carter's bill [H. R. 525] to amend Sections 1 and 7 of an act to authorize the formation of limited partnerships, fixing the liability of the partners, was read the second time.
The Committee on Affairs of Indianapolis reported on the bill [H. R. 492] amending an act authorizing cities and towns to change and reform their boundaries, so as to exclude suburban lots, etc., recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
The bill [S. 246] to authorize Indianapolis to create sewer districts, was read the second time.
The Committee on Agriculture reported on the bill [S. R. 512] for the destruction of burrs, etc., recommending its passage.
The report was concurred in. The bill was read the second time and ordered engrossed.
The bill [S. 317] to amend Section 16 of an act for the organization of County Boards, etc., was read a second time.
AN OLD SWAMP LAND CLAIM.
The Committee on Claims reported on the claim of William Watts, for swamp land ditching in Lake County, stating that the work was well done, and recommending that the sum of $311.66 be allowed.
Mr. FANCHER said: This is a claim that the Committee on Claims examined carefully and they recommend that the amount be allowed. It is in favor of an old gentleman living in my County who performed this labor a number of years ago. Other parties who did similar work there were all paid, but this old man did not receive anything, as the report shows, because he did not get a certificate from the Commissioners, from the fact that shortly after the work was done the Commissioners were removed by some proceeding of the Court, and the result was he could not get a certificate from the Commissioners themselves.
The report was concurred in.
LOANING OF CITY FUNDS.
The Judiciary Committee reported on the bill [H. R. 524] concerning the loaning of city and town sinking fund, recommending its passage.
The report was concurred in, the bill read the second time and ordered engrossed.
OLD CLAIMS.
The Committee on Claims reported on the claim of Issac Taylor for services as architect of the Soldiers' and Orphans' Home, for $1,000. The Committee recommend that $200 be allowed.
Mr. MILES said he was opposed to making the Legislature a Court of Claims to allow such debts as that, that being a matter for the Trustees of the Institution to settle.
Mr. CARTER--The Trustees absolutely rsfused to make any allowance to this claimant. In that case there was no other remedy than to come before the General Assembly for them to say whether or not there shall be anything more allowed. The claim is for about $1,100, but the Committee concluded that he ought to have at least $200.
The report was concurred in.
The Committee on Claims reported on the claims of Messrs. Eppinghausen, Myers, Johnson and Cooper, State House contractors, all of which ask from $8,000 to $12,000.
The Committee recommend that there be allowed to Mr. Myers $2,000, Mr. Johnson $1,200, and Mr. Cooper $1,000.
Mr. SCHWEITZER said this claim was before the House two years ago. I say it is a humbug and a swindle. I would like to see a man vote for that measure. If they do, they get their foot in it. I am opposed to it.
Mr. THOMPSON gave the circumstances connected with affair: That these plans were submitted to the State House Commissioners from which to select a model, but the Commissioners selected a different plan, yet continued to use these in the preparation and arrangement of the other plan, thereby deriving much benefit from these specifications.
On motion by Mr. BUSKIRK, the matter was made a special order for next Tuesday at 2 p. m.
NEW PROPOSITIONS
The following described bills were introduced, read the first time and severally referred to appropriate Committees:
By Mr. KERR [H. 527]: Concerning school books for the Common Schools for the State of Indiana--to provide for a Commission to make contracts and aid in the publication of the same. [The Governor to appoint five Commissioners who shall arrange and agree upon books to be used.]
By Mr. WALKER [H. R. 528]: For the relief of Members of the General Assembly who have expended their salary, contracted debts impossible for them to pay by reason of a want of means. [That they be relieved of such payment.]
By Mr. HUSTON [H. R. 530]: Concerning the transfer of convicts from one State Prison to the other.
BILLS PASSED TO THE THIRD READING.
The Committee on Couty and Township Business reported on the bill [H. R. 504] authorizing cities and towns to construct bridges, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
The same Committee reported on the bill [H. R. 500] to relieve H. S. Hazzard, Trustee of Vienna Township, Scott County, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
page: 160[View Page 160]The Committee on Roads reported on the bill [H. R. 231] in relation to highways purchased by the State, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Also, on the bill [H. R. 498] to authorize Macadamized and Gravel Road Companies to enter upon condemned land and take therefrom stone and gravel, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
The bill [H. R. 522] to legalize the acts of Trustees of Hartford, Blackford County, was read the second time.
The bill [S. 274] to legalize acts of Incorporated Voluntary Associations of Gibson County was read the second time.
HEDGE TRIMMING.
The Committee on Agriculture reported on the bill [H. R. 514] requiring owners of osage orange and hedge fence to trim the same, recommending its passage.
The report was concurred in, and the bill was read the second time.
Mr. THOMPSON said: I doubt the propriety of passing this bill. We have a great many hedge fences, which the people let grow as high as fifteen and twenty feet, to protect their grain, and I think we would be tresspassing upon the people by requiring them to to cut them down to eight feet. I think the bill is wrong.
Mr. FANCHER--In my section of the State, where we have prairies, the people put out these hedge fences along the road. In many places they are from fifteen to twenty feet high, so that the road is nearly filled with hedge, making it almost impenetrable, especially with a load of hay. Besides it is very bad in hot weather, as it obstructs the air in its motion. It is no benefit to the farmer. It shadows much of his ground, which tends to make it unfit for cultivation.
Mr. CARR was in favor of the bill, because fences beyond the specified height (eight feet0 in the bill is injurious to the farmer and beneficial to nobody.
The bill was ordered engrossed.
SUNDAY RAILROAD TRAINS.
The bill [H. R. 517] to prohibit the running of railroad trains on Sunday, was read the third time and ordered engrossed.
ORDER OF BUSINESS.
Mr. CAUTTHORNE offered a resolution that a Committee of Seven be appointed for the purpose of examining the House calander to select what bills are of general interest to the people of the State and of the most importance, and report to the House on Tuesday morning, and such order shall be observed, and the rules in contravention thereof shall be rescinded.
It was laid on the table, to be taken up on Monday.
BILLS READ THE SECOND TIME.
The bill [S. 81] defning taxation of lands in cities and towns, was read the second time.
The bill [H. R. 519] to provide fees and salaries for certain County officers was read the second time.
GREEN RIVER ISLAND.
The bill [S. 281] to amend Section 2 of an act in regard to the acquisition of Green River Island was read the first time.
Then the House adjourned till Monday at 9 o'clock a. m.
