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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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IN SENATE.

MONDAY, April 11, 1881--9:30 a. m.

PUBLIC OFFENSES.

The consideration of the bill [H. R. 393] concerning public offenses and their punishment, was resumed, commencing at Section 376.

On motion by Mr. CHAPMAN, an additional section was adopted in these words: "Every person undergoing imprisonment in any Prison or Jail upon a conviction for any public offense shall be disfranchised during the period of such imprisonment.

Mr. VAN VORHIS offered an amendment, which was adopted, fixing severe penalties for the sale of diseased meats or for any article of food or drink when sold for something other than than it really may be. The object of the amendment is to check the sale of oleomargarine.

Mr. WILSON offered an amendment, which was adopted, fixing a fine of not less than $50 nor more than $500 for attendance upon prize fights The amendment does not admit the attendance of newspaper reporters.

On motion by Mr. CHAPMAN, an amendment was added to protect the property of Public Libraries.

Mr. WOOD offered an amendment which was adopted, imposing a fine not less than $10 nor more than $29 on anyone letting or loaning a seine for the purpose of fishing in any lake or stream in this State in violation of the provisions of this act.

Mr. VAN VORHIS offered an amendment, that whoever shall knowingly sell to any person or deliver to any cheese or butter manufactory any milk diluted with water or in any way adulterated, or milk from which any cream has been taken, or milk, commonly known as "skimmed milk," or shall keep back any part of the milk known as "strippings," with intent to defraud, or shall knowingly sell milk from any diseased cow, or cow fed upon the refuse of distilleries or breweries, or shall knowingly use any poisonous or deleterious material in the manufacture of cheese or butter, shall be fined not less than $50 nor more than $500.

The amendment was adopted.

On motion by Mr. GARRIGUS, the words "grown within this State" were stricken out of the prohibition against adulterating "any wine made from grapes grown within this State."

A vote on the report of a Special Committee on the section permitting pool selling at horse races--which was postponed on Saturday morning till a quorum shall appear--was now taken by yeas and nays, but no quorum voting, the roll-call was laid aside by unanimous consent till other Senators shall come in. Subsequently, after a sufficient number of Senators had appeared the vote was completed and the result announced--yeas, 13; nays, 24.

So the report was not concurred in.

Eleven Committee and eleven other amendments were adopted.

SOLDIERS' ORPHANS' HOME.

Mr. URMSTON, from the Committee thereon, returned the bill [H. R. 129--see page 89 of this volume] to appropriate certain money's [$3,953] to reimburse employes for losses sustained by the burning of that Institution several years ago, with a favorable report thereon.

The question being on concurring in the report--

Mr. VOYLES--Opposed the passage of this bill.

Mr. SPANN and Mr. VAN VORHIS thought it an equitable measure.

Mr. BROWN opposed this class of claims--proposing making the State a guarantor for losses to employes occasioned by casualty.

Mr. COMSTOCK also thought it wrong as a general thing, but in this particular instance these employes showed they regarded the trust confided to them as a sacred one; and on that ground it is proper to reward fidelity.

Mr. URMBTON stated the only parties claiming are teachers and employees--all but three women, and the most of them widows and orphans. Two years ago this matter passed one Honse, but failed to pass the other.

Mr. VOYLES did not believe this is a right thing to do. There is no law that would allow one citizen to demand extraordinary pay of another for services at a fire. It is a duty one citizen owes to another to assist in such cases, and not ask afterward a reward.

Mr. WOOD was sorry to see opposition to this page: 162[View Page 162] bill. These claimnts saved hundreds of helpless children in this Institution, and in so doing lost their own personal property.

Mr. BUNDY favored the bill and hoped the favorable report of the Committee would be concurred in. The items are none of them large, and consist principally of clothing, as he understood it. If this bill was rejected it would be regarded as an instruction to persons in charge of the State Institutions to hereafter take charge of their own personal effects and let the State's go.

The report was concurred in--yeas, 29; nays, 6.

The roll-call of the vote commenced some time ago--on the Committee report on the section concerning pool selling, legalized betting at horse races, was now completed and resulted--yeas, 13; nays, 24.

So the report was not concurred in.

WOMEN LAWYERS.

Mr.VIEHE, from the Special Senate Committee to which was referred the joint resolution [S. 14] proposing to amend the Constitution so that women may be allowed to practice law in the State, reported that the resolution be so amended that it should read: "Amend the Constitution by striking out the twenty-first section of article seven thereof." This was a more direct method of getting at the same result contemplated in the original resolution.

FEE AND SALARIES.

Mr. CHAPMAN presented the petition of a number of leading property holders of the city of Indianapolis praying the Legislature to pass the fee and salary bill, as it will relieve the tax account of many thousand dollars.

REDUCTION OF CITY LIMITS.

On motion by Mr. HOWARD, the bill [H. R. 428] authorizing cities and town to disannex territory from corporate limits, was passed the three readings under a dispensation of the constitutional restriction.

AFTERNOON SESSION.

FEES AND SALARIES.

Mr. GRAHAM called up the special order, being the fee and salary bill [S. 369].

DRAINAGE OF WET LANDS.

On motion by Mr. KRAMER, the bill [H. R. 147--see page 124 of this volume] to enable owners of wet lands to drain and reclaim them. when the same can not be done without affecting the lands of others, was read the second time by title only, under a dispensation of the constitutional restriction, with a report of a Senate Committee proposing amendments, which were adopted.

Mr. HOSTETTER offered an amendment that will require the County Surveyor to go out and inspect the work instead of the three provided for in the bill, who would have to employ a regular surveyor to do the work anyhow. He said the House Committee consent to this amendment, and he hoped it would prevail.

The amendment was agreed to.

The Senate amendments were ordered engrossed.

INSPECTOR OF ELECTIONS.

On motion by Mr. MENZIES, the bill [H. R. 457--see page 133 of this volume] to amend Section 14 of the bill for the incorporation of towns was read the second time by title only under a dispensation of the constitutional rule, and passed to the final vote. It passed the Senate by yeas, 37; nays, 0.

COMMON SCHOOLS--COUNTY SEATS.

Mr. OWEN said the bill [H. R. 322-see pages 47 and 52 of this volume] concerning Common Schools was referred to the Committee before it was read, and it would be better to have the new matter pointed out by a Committee, and he would be willing to wait an hour to have that done. He moved to suspend the constitutional rule that the school bill [H. R. 322] may be taken up and read the first and second times by title.

Mr. BROWN moved to substitute the bill [S. 298] concerning the re-location of County Seats, and as a speech in support of this motion sent to the Clerk's desk and had read a petition signed he said, by many prominent citizens of Seymour, praying for the passage of this bill.

The substitute was rejected, as was also the motion to suspend the constitutional rule.

FEES AND SALARIES.

On motion by Mr. SAYRE, under the operations of the previous question, the bill [S. 369] to provide fees and salaries for County officers, was made the special order for to-morrow at 9:30 o'clock.

ELECTIONS AND ELECTION CONTESTS

On motion by Mr. CHAPMAN, the constitutional rule was suspended and the bill [H. R. 225--see page 39 of this volume] concerning elections and the contest thereof, being a compilation and revision of existing laws on subject, was read the second time by title only.

The Committee substitute for Section 1, changing the day of the general election to conform with the recently ratified Constitutional Amendments, was adopted.

The Committee amendment to Section 17 being read--

Mr. CHAPMAN stated, in case any authorities see fit to adopt such a box as is referred to in the bill, the Committee amendment provides that no ballot should be counted except such as is stamped, and strikes out all else in reference to the patent ballot-box.

Mr. TRAYLOR did not think the section ought to be adopted as it is. He moved the section be referred to a Select Committee of three, which he named.

The motion was rejected.

Mr. MARVIN moved to strike out all in reference to a ballot-box.

The motion was agreed to.

Ten or a dozen Committee amendments were adopted.

Mr. LANGDON moved to reconsider the vote by which the Committee report was concurred in, making the voting Precincts to consist of 500 instead of 350 voters. He was satisfied one of the greatest safeties of the ballot-box is in making Precincts so small that respectable citizens may know every one entitled to vote in the Precincts. The greatest frauds are perpetrated in Precicts where there are so many voters it is impossible to know them all. There will be no need of devices in patent ballot-boxes where the Precints are small.

Mr. GRUBBS thought substantially the same guards can be thrown around Precincts of 500 as around Precincts of 350.

Mr. BELL--While it may be contended that it is more trouble and more expense, yet he hoped the motion would prevail.

The motion to reconsider was agreed to.

The question occuring on the Committe report making voting Precincts to consist of "500" instead of "350" voters--

The report was rejected by yeas, 15; nays, 21.

Some seventeen other Committee amendments were adopted.

Only such sections of the bill as are proposed to be amended by the Committee report were read.

The amendments were ordered engrossed.

SHERIFF'S FEES.

Mr. SAYRE, from the Committee thereon, returned the bill [R. R. 311] cutting off constructive mileage fees by Sheriffs, with a favorable report thereon.

The report was concurred in and the bill was read the second time.

page: 163[View Page 163]

Mr. HENRY moved to amend by cutting off a constructive fee by the Clerks.

The amendment was adopted.

On motion by Mr. HENRY, the constitutional rule was dispensed with, the Senate amendments engrossed, the bill read the third time and passed the Senate.

SHORT-HAND REPORTERS.

On motion by Mr. RISTINE, the bill [H. R. 134] to amend Section 1 of the act for the appointment of short-hand reporters, so as to render females eligible to appointment, was read the third time and passed.

REVISED STATUTES OF 1881.

On motion by Mr. LANGDON, the constitutional rule was dispensed with, and the bill [H. R. 437] concerning the publication of the Revised Statutes of 1881, was read the first and second times by title only, with a Senate Committee substitute therefor.

Mr.MENZIES moved to increase the number of Commissioners to be appointed by the Governor to perform the duties prescribed in the bill, from two to all of the Members of the Board of Revision of the Laws.

Mr. COMSTOCK thought the work of a character that could not well be divided. He moved a substitute to reduce the number to one.

Mr. BELL opposed the substitute. This sort of work can properly be subdivided--let one Commissioner take one portion of the code and another Commissioner another. It should be done speedily. No one or two men can do the work properly in eight months. These persons can go on with this work rapidly now.

Mr. GRUBBS should stand by the report of the Committee believing two sufficient to do the work. The work can be better done by two than by three.

The substitute was rejected.

Mr. RROWN would favor the reduction did he suppose it could be done more economically; but there is just so much work to be done, and it is important this publication should be made as soon as possible. Court Judges will doubt and hesitate to decide cases, awaiting for the revision to be published. He favored the amendment rather than the report of the Committee.

Mr. LANGDON also favored the amendnment, beliveing this labor will require all three of the Board of Revision, and three gentlemen are better prepared to do this work that two. The bill provides the work shall be completed in six months, and the three Commissioners should be retained, an odd number being desirable in case of a difference of opinion.

The amendment was agreed to.

On motion by Mr. CHAPMAN, the words "and such Commissioners shall hold the position until the 1st day of November,1881" were added to Section 1.

Mr. BUNDY made an ineffectual to have the advertisement for bids for the publication of the Revised Statutes of 1881 in "three" papers in Indianapolis instead of "two" as the bill provides.

Mr. WILSON made an ineffectual motion to reduce the number of papers to "one."

The the Senate took a recess till 7:30 o'cl ck p. m. for the sole purpose of reading the bill [H. R. 393] concerning public offenses.

NIGHT SESSION.

Mr. VIEHE took the Chair and directed the Clerk to read the bill H. R. 393. After some time--

An adjournment took place till to-morow.

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