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

THURSDAY, April 14--9:30 a. m.

PUBLIC OFFENSES.

Mr. HENRY, from the Committee on Free Conference, on the disagreements between the two Houses on the bill [H. R. 393], concerning public offenses, submitted a report referring to numerous disagreements by sections. Substantially the amendments the Senate are to recede from relating to disfranchising clause, and the law will remain as it now is.

The report was concurred in.

Mr. Henry introduced a bill [S. 379] relating to the loaning of the Common School and Congressional Township fund--so worded as to apply only to Madison County--which was pressed through the third reading--twice by title only--and passed.

ELECTIONS AND CONTESTS.

The Lieutenant Governor directed the Clerk to call the roll on the passage of the bill [H. R. 225] concerning elections and the contest thereof, which he said was read the third time last night, and it was passed.

RECLAMATION OF WET LANDS.

He also made the same order and the same statement with reference to the bill [H. R. 147] to enable owners of wet lands to drain and reclaim the same.

Mr. BELL could not vote for a bill that has never been read here, and which affects a large portion of the State. A long and well digested drainage bill has already passed this General Assembly, and he hoped the Senate will not pass another and confuse this subject, which he hoped had been forever settled.

Mr. HENRY regarded this as greatly inferior to the act passed by this Legislature, though he would regret to see it defeated because so many members of the House are wedded to it.

Mr. WHITE favored this bill as being far superior to the one passed, which was framed by the Revision Committee.

Mr. KRAMER also spoke in favor of this bill. There is a clause in the bill passed which refers to this one, and neither repeals the drainage act of 1875.

The bill passed by--yeas, 28; nays, 12.

WITNESS FEES.

On motion by Mr. CHAPMAN, the bill [H. R. 489] increasing witnesses' per diem to $2, was pressed through two readings and passed the final vote.

ARGOS TOWN.

Mr. DAVIDSON moved to suspend the constitutional rule that the bill {H. R. 283] to legalize certain acts of the Trustees of the town of Argos may be read the second time by title, the third time by section, and pass on its passage. He said it only concerns the little town of Argos. There is some dispute there about the collection of taxes, and they desire the passage of this bill to settle it.

The motion was agreed to, and the bill was pressed to the final vote and passed the Senate.

COMMERCIAL FERTILIZERS.

On motion by Mr. WOLLEN, the bill [H. R. 307] to regulate the manufacture and sale of commercial fertilizers was pressed to the final vote through three readings and pased without a dissenting vote.

INSANITY INQUESTS.

On motion by Mr. URMSTON, the bill [H. R. 205] to regulate insanity inquests was read the second time by title and third time by sections, with a favorable majority and unfavorable minority report. He said: "This bill is prepared by Dr. Rogers, of the Insane Asylum. It changes the regulating of inquests, and compilates the whole law concerning admission into the Hospital."

Mr. VAN VOHRIS regarded it as unnecessary to pass this bill, believing it secures no more guards than the present law; and it would be a calamity to the State to put on the statute book such a law. He moved to substitute the minority for the majority report.

Under the operation of the previous question, demanded by Mr. GRAHAM--

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The motion to substitute was rejected--yeas, 14; nays, 24.

The majority report was concurred in.

Mr. SPANN (in his seat)--This is a most obnoxious bill, being passed under the gag of the previous question.

Mr. FOSTER--The previous question should never be demanded on important questions.

The bill was read the third time and passed by yeas, 30; nays, 14.

GRAND AND PETIT JURORS.

On motion by Mr. GARRIGUS, the bill [H. R. 686] concerning Grand and Petit Jurors, was read the third time and passed--yeas, 29; nays, 14.

INSURANCE PARTNERSHIPS.

On motion by Mr. BUSKIRK, the bill [H. R. 525] to amend the limited partnership act of March 5, 1859, so as to prohibit partnerships for the carrying on of insurance business, was pressed through the three readings and passed by yeas, 42; nays, 2.

WEIGHTS AND MEASURES.

On motion by Mr. BENZ, the House amendments adding cranberries, flaxseed, etc., to his weights and measures bill [S. 78] were concurred in.

The Senate adhered to its amendments to the city incorporation repealing amendments act [H. R. 378] and asked for a Committee of Free Conference on the disagreements between the two Houses. This Committee subsequently submitted a report which was concurred in.

The Senate also adhered to its amendments to the House bill providing for the publication of the Revised Statutes of 1881, and asked for a Committee of Free Conference.

FEES AND SALARIES.

An ineffectual motion was made--yeas, 18; nays 30--to take up the bill concerning offices and officers to which was attached by the House of Representatives, yesterday, a fee and salary bill similar to the Sayre bill, pending in the Senate.

The following was the vote in detail.

Yeas--Bischowsky, Bundy, Champan, Comstock, Garrigus, Graham, Grubbs, Henry, Keiser, Langdon, Lockridge, Owen, Ristine, Sayre, Schaffer, Smith, Van Vohris and White--18.

Nays--Bell, Benz, Briscoe, Brown, Compton, Davidson, Davis, Foster, Hart, Hefron, Hostetter, Howard, Hutchison, Kramer, Leeper, McCartney, Majors, Marvin, Menzies, Poindexter, Rahm, Spann, Traylor, Urmston, Viehe, Voyles, Wilson, Wood, Woollen, Yancy--30.

So the motion was defeated.

AFTERNOON SESSION.

On motion by Mr. BISCHOWSKY, the bill [H. R. 241] to amend the act of November 11, 1875, concerning the legazation of assessments for taxation, etc., was read three times under a dispensation of the constitutional restriction.

Mr. BISCHOWSKY said this bill provides that the general law governing State and County taxation, so far as the same provides for the manner and time of making assessments and collecting taxes, shall apply to incorporated cities and towns, and legalizes former acts.

The bill passed, with a Senate amendment leaving it discretionary with cities to adopt the assessments made by the County.

UNSIGNED COURT RECORDS.

Mr. TRAYLOR obtained a vote on the passage of the bill [H. R. 414] to legalize all unsigned Court records, read three times yesterday.

The bill finally passed by yeas, 30; nays, 6.

THE NEW STATE HOUSE.

On motion by Mr. GRUBBS, the Senate took up the bill [H. R. 407] to provide a fund to complete the State Capitol, pending at the adjournment yesterday afternoon--the question being on Mr. Langdon's amendment proposing to strike out the appropriation recommended in the Committee report.

Mr. HEFRON opposed the amendment, but advocated striking out the sum proposed to be raised by taxation in 1882, so it will leave the appropriation about as it stands in the bill as it came from the House of Representatives.

Mr. GRUBBS spoke in favor of the Committee report.

Mr. VAN VORHIS insisted the report should be concurred in as a matter of economy. Otherwise there will be one year's delay in the roofing of the building.

Mr. BUNDY relied on the estimates and statements made by the Commissioners; was willing to give them what they ask and hold them responsible.

The amendment was rejected--yeas, 16; nays, 31.

The report of the Committee of the Whole Senate was concurred in.

The bill was read the third time and passed by yeas 28; nays, 17.

On motion by Mr. BUNDY, the bill [H. R. 469] concerning the town of Spiceland, was read three times, under a suspension of the constitutional rule, and finally passed.

FEES AND SALARIES.

Mr. CHAPMAN at the opening of the afternoon session moved to take up the bill [H. R. 325] concerning offices and officers, with a House amendment attaching a fee and salary bill similar to the bill [S. 369] introduced by Mr. Sayre. He entered the motion, and proposed to let it pass over till 2:30 o'clock, when it might be discussed for thirty minutes.

Mr. FOSTER objected to fixing thirty minutes as the time for discussion. He desired every Senator so desiring, may have from three to five minutes.

Mr. CHAPMAN called up his motion at 2:30 o'clock.

After discussion thereon--

The House amendments to the bill were concurred in excepting the fee and salary features, Section 394 1/2, and the emergency clause, by yeas, 47; nays, 2.

The Senate refused to concur in the emergency clause amendment by the House without a division.

The Senate also refused to concur in the fee and salary amendments made by the House--yeas, 20; nays, 27--as follows:

Yeas--Messrs. Benz, Brown, Davidson, Davis, Foster, Hefron, Henry, Howard, Kramer, Major, Morrison, Menzies, Owen, Rahm, Sayre, Shaffer, Smith, Traylor and Wood--20.

Nays--Messrs. Bell, Bischowski, Briscoe, Bundy, Chapman, Compton, Comstock, Garrigus, Johnson, Grubbs, Hostetter, Hutchison, Kahlo, Keiser, Langdon, Leper, Lockridge, Macartney, Poindexter, Ristine, Urmston, Van Vohris, Viehe, White, Wilson, Woollen and Yancy--27.

The House amendment in section 394 1/2 extending the term of certain county officers beyond the constitutional limit, was also rejected.

The Senate took a recess till 8 o'clock.

NIGHT SESSION.

The LIEUTENANT GOVERNOR said: The question is, shall the bill [H. R. 91] to authorize aliens to hold real estate in this State?

Mr. HEFRON didn't believe it right to allow this bill to pass without entering his protest against it. Since this bill was up the other day he had been reliably informed it had its origin in a real estate firm in this city, whose agent visited Scotland, and who lend the money of Scottish chiefs or corporations; and it is to permit these foreign capitalists to invest their money in Indiana land and hold the same till surrounding improvements enhance the value. It is for speculative purposes, and for no other. It is wrong page: 179[View Page 179] policy and detrimental to the people of Indiana.

Mr. COMSTOCK said there were large bodies of lands in this State which should be reclaimed, but individual effort is not equal to the task of making them productive. Whether the means for such reclamation comes from within the States or from foreign countries makes not so much difference, as it is supposed all the real estate of the country changes hands every thirty years on average. We can control corporations, whether foreign or domestic. The question presented is: Whether a foreging corporation is greate than the citizens of Indiana or the Legislature of the State? He had confidence in the abilities of the Legislature to cope with any corporation, whether foreign or domestic. One result of this bill becomes a law and will induce a desirable class of people to come to Indiana.

Mr. BRISCOE said he voted agains this bill when on its passage before, and now, not attempting to discuss the bill, he would content himself with saygin that he believed it best to defeat the bill, but being willing to bow humbly to the sentiment and will of the people who have intrusted him to vote for this measure in the event of its reconsideration by the Senate, he would now cast his vote in favor of its passage.

Mr. Menzies supposed this bill applied to alien individuals, and now hears for the first time it applies to foreign corporations and permits them to buy large tracts of lands. As individuals, natural persons, this bill could do no harm, for they can not tie up large tracts of lands for generations; but it is different with foreign corporations, for they can hold lands in perpetuity--can enact a law entail in Indiana. He had been voting for this bill under a different apprehension.

Mr. BELL thought a more dangerous measure has not been before this Assembly. We have prohibited the law of entail. We want no landed aristocracy such as would be inaugurated by this bill. We allow our own corporations to hold no more land than is necessary for their business purposes. How jealous have our law-makers been of this kind of thing? He was opposed to allowing aliens, individuals or corporations from holding lands in this State, for we may bring unwittingly upon us the evils that afflict Ireland. He ventured the assertion every one voting for this bill would regret the day and hour, if permitted to live many years.

On motion by Mr. MENZIES, the bill was referred to a Special Committee with instructions to amend so as to make it apply only to individuals, which the Committee subsequently reprted as instructed.

The bill then passed--yeas, 30; nays, 13.

On motion by Mr. SHAFFER, the bill [H. R. 140] to authorize the election of women to school offices, was passed--yeas, 33; nays, 9.

On motion by Mr. Compton, the bill [H. R. 520] to amend the act of March 4, 1873, for the assessment and collection of taxes on bank stock for municipal purposes, was read the third time.

Mr. COMPTON explained it amends the tax law passed by this General Assembly.

It passed the Senate--yeas, 42; nays 2.

On motion by Mr. MENZIES, the bill [H. R. 487] concerning the Supreme Court, was read the second time, the constitutional rule dispensed with, read the third time--with many dilatory motions and votes intervening--and passed by yeas, 34; nays, 12.

On motion by Mr. Bundy, the bill [H. R. 439] making specific appropriations was taken up, after 11:00 o'clock p. m., and read the first and second time by title only, under a dispensation of the constitutional rule, on motion by Mr. Brown.

On motion by Mr. YANCY, the appropriation of $1,924.12 for provisions furnished the Southern Prison, was stricken out.

The town-clock struck 12--midnight at this point in the proceedings.

On motion by Mr. LANGDON, the bill [H. R. 531] to fix the meetings of the County Board of Equalization after the present year, was read the first, second and third times, and passed under a dispensation of the constitutional restriction. He said it was to correct a fatal omission in the tax act.

On motion by Mr. FOSTER, the bill [H. R. 421] to relieve Grand Jurors in certain cases, (a bill much needed in Allen County) was pressed through the three readings and passed.

On motion by Mr. KEIZER the bill [H. R. 474] to prevent the pollution of streams from which water is drawn to supply cities with water for drinking purposes was read the third time and passed.

And then, at 12:20 o'clock a. m., the Senate adjourned till 10:30 o'clock.

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