THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
TWENTY.
INDIANA LEGISLATURE.
SPECIAL SESSION.
IN SENATE.
FRIDAY, April 15, 1881--10:30 a. m.PRESIDENT PRO TEM.
On motion by Mr. BUNDY, it was
Resolved, That Senator G. H. Chapman, of Marion County, be and be is hereby declared elected President pro tem of the Senate from the close of the present session.
RESOLUTIONS OF THANKS.
Mr. HEFRON offered the following:
Be it resolved, That the thanks of the Senate are hereby extended to Lieutenant Governor Hanna for his fairness, impartality and uniform courtesy, as well as ability, in presiding over the deliberations of the Senate during the regular and special sessions of the Fifty-second General Assembly.
It was adopted by a rising vote.
Mr. Spann offered a resolution of thanks to the Secretary and Assistant Secretary and to employes of the Senate.
INDIANA'S NAVY.
Mr. VIEHE offered the following:
Whereas, The late Governor, and also the present incumbent, have each, in obedience to the requirements of the Constitution, given to the General Assembly Information touching the condition of the State, but neither of them has given this Assembly any information on the subject of the military and naval forces of the State, of which the Governor is commander-in-chief; and
Whereas, This session is about to come to a close, and legislative action could not be had even if that information were now given; therefore,
Resolved, That His Excellency the Governor be requested to fully inform the next General Assembly especially as to the condition of the navy.
On his further motion, it was referred to a Special Committee--Messrs. Menzies and Chapman.
EXTRA PAY TO EMPLOYES.
On motion by Mr. BUNDY, James T. Darnell and Charles F. Robbins, Journal Clerks, were allowed $40 each for completing and copying of the journal after adjournment, etc., and the President of the Senate was authorized to draw his warrant for the same.
RENT--REVISED STATUTES, ETC.
Mr. SPANN offered a resolution, which was adopted, directing the Lieutenant Governor to draw a warrant for $333.35 for Committee Rooms rent in the Grand Hotel.
Mr. CHAPMAN offered a resolution,which was adopted, allowing Bingham & Co. $408 for Revised Statutes furnished the Senate, and over $180 of other claims.
On motion by Mr. WILSON, the vote adopting this resolution was reconsidered. He pointed out allowances therein which he thought ought not to be made.
Mr. CHAPMAN and Mr. RISTINE said they had all passed the Committee on Claims favorably.
Pending the discussion--
Came a recess till 2 o'clock.
AFTERNOON SESSION.
The resolution pending at the time of taking the recess for dinner was adopted item by item.
VETO MESSAGE.
The following communication was received from His Excellency the Governor:
INDIANAPOLIS, Ind., April 15, 1881.
Gentlemen of the Senate:
I respectfully return to the Senate with my objections Senate bill No. 142, entitled an act to amend Section 3 of an act entitled an act regulating the adoption of heirs, approved March 21, 1855.
Section 3 of the act of which the bill returned is amendatory, provides that an adopted child "shall take the name in which it is adopted and be entitled to and receive all the rights and interest in the estate of such adopted father mother, by descent or otherwise, that such child would if the natural heir of such adopted father and mother."
The amendment, contained in the present bill, adds, that 'If such adopted child shall receive an inheritance from its adopted father or mother
page: 185[View Page 185]either by devise or descent, and shall die intestate, without lawful issue or their descendants alive seized of such inheritance, or any part thereof, the property so inherited shall descend to the heirs of such adopted father or mother the same as though it had never been inherited by such adopted child.
It is evident that if this amendment should prevail, a surviving wife of an intestate adopted child would receive no part of the lands of which her husband deed seized which he had inherited from his adopted father or mother. I can perceive no good reason why a widow should not receive a third of her husband's land inherited from an adopting father, in like manner as if the lands had been inherited by the husband from her father or mother by consanguinity.
ALBERT G. PORTER.
EPTRA PAY TO SECRETARIES.
A Committee reported in favor of allowing the Principal Secretary $100 for making calendar of bills, reading of the argument, etc., and $300 to the Assistant Secretary for indexing the journals of the Senate.
The report was concurred in.
CIVIL CRIMINAL CODE.
The House concurrent resolution to print 1,500 copies of the Civil and Criminal Code in pamphlet form, was rejected,
JUDGES OF THE SUPREME COURT.
On motion by Mr. LANGDON, the motion heretofore entered to reconsider the vote rejecting the joint resolution [S. 15] for a proposed amendment to the Constitution for the election of not more than nine Supreme Judges was agreed to.
Mr. LANGDON made this motion in view of the fact that the Supreme Court has 1,500 cases on its docket and is three years behind hand. To his mind this appears of greater importance to the people than any amendment that has been proposed. We proceeded last night to pass a bill of questionable constitutionality, so eager was the General Assembly and so imperative was the duty to be discharged that by indirection it is proposed under that bill to relieve the Supreme Court of duties it can not fully discharge.
Mr. BROWN hoped the Senate would not reconsider the action it took upon that resolution. He favored the resolution at the time, but did not think it ought to be passed now, as it is of importance equal to a bill, and no bill can be passed to-day. The bill the Senator [Mr. Langdon] refers to may, perhaps, come to the relief of the Supreme Court, so that two years hence there may be no necessity for the passage of such a resolution as this.
Mr. COMSTOCK believed the people should have an opportunity to express themselves upon this subject. It is understood that the five men to be appointed Commissioners by the Judges of the Supreme Court, under the bill passed last night. are to hold two years, with the tacit understanding that the term of office is to be for but two years. At the end of two years there will probably be an attempt made to continue these Comissioners in office. This resolution does not create any new office, but is simply expressing an opinion of the General Assembly that this question should be submitted to the people. It looks reasonable and just in view of the action taken last night, and he saw no reasonable objection to the passage of the joint resolution.
The Senate again refued to pass the joint resolution: but subsequently another vote being taken it finally passed by yeas, 33; nays, 7.
Mr. BROWN called from the file the report of the Judiciary Committee in favor of passing a resolution authorizing the publication of the Brevier Legislative Reports at the same price and the same number of copies furnished by the compiler to the General Assembly for seventeen consecutive years.
Mr. GRUBBS moved to add a proviso that such Reports shall not exceed 750 in number.
Mr. BROWN moved to amend by substituting 1,500 for 750, to make the number conform to the past history of the State for fifteen or twenty years.
Pending which--
The Senate adjourned till 10:30 a. m. to-morrow, in pursuance of a motion heretofore adopted.
HOUSE OF REPRESENTATIVES.
FRIDAY, April 15, 1881--10 a. m.The session was opened with prayer by Rev. Mr. Kain, member from Adams County.
POSTMASTER OF THE HOUSE.
Mr. MORGAN offered a resolution, which was adopted, that the Postmaster of the House, Wm. N. Jackson, has shown himself a competent and worthy officer, entitled to the highest respect and good will of the members; that the House has explicit confidence in his honesty and integrity, and recommend his appointment to any postal service position for which he may apply.
REVISED STATUTES.
A majority of the Special Committee reported on the resolution relative to the purchase of the Revised Statutes for the House of Representatives, recommending its indefinite postponement.
A minority of the same Commtttee recommended that the resolution be concurred in.
Mr. Gibson said although the Committee raised a point of law--that the House is not liable for the payment of these statutes under the law--yet the Librarian (Mrs. Peelle) acted in good faith in the purchase of these books, and it would be morally wrong for this body to leave this woman with these books on her hands, to pay for them after the House had the use of them. He hoped the minority report would be concurred in.
Mr. CARTER said he thought, as a legal proposition, the State was not liable for the payment of these statutes.
Mr. STEWART moved to lay the minority report on the table.
The motion was agreed to--yeas, 45; nays, 28.
The majority report was then adopted.
SCHOOL BOOKS.
The Committee on Education reported on the bill [H. R. 527] concerning the preparation and publication of school books, recommending that the bill lie on the table.
The report was concurred in.
SALARIES OF JUDGES.
A majority of the Committee on Fees and Salaries reported on the bill [H. R. 506] concerning the salaries of Judges, fixing it at $1,500 a year, recommending its passage.
A minority of the same Committee recommended indefinite postponement.
Mr. SINCLAIR said that the bill is to cut down the salaries of the Judges from what it is now to $1,500. I believe it to be impolitic and unjust to the said Judges, therefore I filed that minority report and move that it be concurred in.
Mr. LINDSAY spoke in favor of the majority report, because a measure of this kind is highly necessary on the subject of fees and salaries.
The majority report was concurred in.
ANOTHER EXTRA SESSION.
Mr. RYAN offered a resolution declaring it as the sense of the members thereof that the Legislature should be reconvened, in order to dispose of and preserve the work already done from substantial failure. He said the responsibility or the failure of this General Assembly must and will rest some where. The responsibility, in judgment, should not rest on this body. I believe there never has been convened in this State a page: 186[View Page 186] like body that more conscientiously and diligently performed its duty, and it should not be allowed to go before the people with any stain resting upon the record or with any reason or justification on the part of the people, to complain against the failure to pass necessary laws. The responsibility should rest where it legitimately and rightly belongs. I think this resolution ought to pass as an expression of our wishes and judgment upon this subject.
Mr. LINDSAY was willing that the country should know that he indorsed every word uttered in the resolution and would vote for its adoption.
Mr. McINTOSCH thought it was the Governor's own business to decide for himself whether or not this Assembly should be re-convened. He was of the opinion that the members of this body would not commit themselves upon the record to say that they want to be returned for a special session.
Mr. GIBSON thought the General Assembly has been here long enough; that bad bills as well as good ones have passed, and he favored an adjournment sine die.
Mr. BUSKIRK was opposed to a continuance of the session and would vote against the resolution.
Mr. KENNER quoted from the Constitution that it was the Governor's business if, in his judgment the public welfare of the State required it, to call a special session, and he would not vote for any resolution that has a tendency of bidding for an extension of $6 a day. It is beneath the dignity of this body, or ought to be.
Mr. CARTER, although he disliked to stay here much longer, yet was in favor of the resolution because it would help to influence the Governor to order an extra session--a thing highly necessary to the common welfare of the State.
Mr. FRAZER--The figures show that it is not the fault of the House that the Legislature is in this condition. There were seventy-two bills introduced by the Revision Committee: twenty-four wer introduced in the Senate; four failed to pass in the Senate, and the House passed every one. Forty-eight bills from the Revision Committee were introduced in the House, forty-five of them passed the House, went to the Senate, and thirty-five of them sleep there to-day. We passed every Senate bill sent here, and I am informed that about eighty House bills sleep the sleep of death at the other end of the Capitol, and I want the people to understand that it is not the fault of the House that this legislation is not carried into effect.
On motion by Mr. CARTER, a Special Committee of Three was appointed to consider this resolution and report at 2 p. m.
AFTERNOON SESSION.
Mr. RYAN offered a resolution that thanks be extended to the Commissioners of Marion County for their courtesy in giving the use of the most elegant room in the Court House for the meetings of the House of Representatives.
The resolution was adopted.
Mr. KENNER offered a resolution that Messrs. Hay, Aborn, Taylor and Riley shall receive $100 for faithful and efficient services rendered during the regular and special sessions.
Mr. MEREDITH was opposed to the resolution, and thought he would not be doing his duty as a public servant by voting for the resolution.
Mr. GIBSON said--It has always been the case in past Legislatures, and it is expected, I believe, that these Clerks ought to have something extra.
The resolution was adopted--yeas, 39; nays, 35.
Mr. THOMPSON offered a resolution that the Speaker draw his warrant in favor of Marion County for gas, fuel, etc., used during the regular and special sessions for $750.
The resolution was adopted.
Mr. CAUTHORNE offered a resolution that the thanks of this House be tendered to Hon. W. W. Curry, clerk of the Committee on Ways and Means, for the faithful and efficient manner in which he discharged his duty--that the people of the State have been greatly benefited by his labors. He said: "No man has none better srvice than Mr. Curry. He has worked faithfully, and I hope the resolution will pass."
The resolution was adopted.
Mr. TAYLOR, of Lagrange, offered a concurrent resolution authorizing the Secretary of State to direct and send each Senator and Representative a copy of the journal of each House and the acts of the regular and special session of 1881 as soon as practicable.
The resolution was adopted.
The Committee of Three appointed to consider the resolution of Mr. Ryan reportd that they deem it to the best interest of this body and the people that the State should be informed of the facts stated therein. They also recommended that a copy be entered on the journal of the House.
The report was concurred in and the resolution was rejected--yeas, 29; nays, 40.
The SPEAKER announced the special order to be the joint resolution [S. 6] to amend Section 1, article 6 of the Constitution fixing the length of time four years that the Secretary, Auditor and Treasurer of State shall hold their office, also that they shall not serve two terms in succession.
The resolution passed--yeas, 56; nays, 12.
The SPEAKER announced the special order to be the consideration of the joint resolution [S. 7] amending Section 2, article 6 of the Constitution providing that there shall be elected in County, by the voters thereof, at the time of holding general eletions, a Clerk of the Circuit Court, Auditor, Coroner, Treasurer and Surveyor, who shall severally hold their offices for four years and no person shall be eligible to either office more than four years in a period of eight years.
The resolution passed--yeas, 57; nays. 10.
Mr. CARTER offered a resolution that the Auditor of State be authorized to refund to Benjamin F. Riley the sum of $391.71 on account of moneys overpaid him in making the settlement with the State Auditor, who required him (Mr. Riley) to pay 5 per cent. on the collections of delinquent taxes, which he did under protest, and the Supreme Court afterward decided that only 1 per cent. was necessary.
The resolution was rejected--yeas, 21; nays, 35.
The House adjourned till to-morrow.
