THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, January 12, 1881.-10 a. m.The Lieutenant Governor commanded order, announced prayer by Rev. H. M. Morey, of the Third Presbyterian Church of Indianapolis.
The bill [H. R. 1] appropriating $125,000 for expenses of this General Assembly was pressed through three readings to a final vote under a dispensation of the constitutional restriction requiring bills to be read on three separate days, and finally passed by yeas, 44: nays, 4.
On motion of Mr. Langdon, the vote passing the bill was reconsidered, and it was referred to a Special Committee of three, with instructions to so amend that additional allowance may be made on the separate action of either branch of the General Assembly under the limitations of the acts of 1872. This amendment was subsequently reported back, and the bill again finally passed, as amended, by yeas, 42;,nays, 5.
Mr. Comstock, from the Special Committee thereon, returned his bill [S. 6] concerning the allowance of claims against decedents' estates, recommending its passage with an amendment.
Mr. Menzies suggested the Senate first consider the report of the Committee on Revision of the Laws of this State before passing amendments to existing laws. It would be the proper thing to set apart the first two or three weeks of this session to be devoted exclusively to the report of the Committee on Revision and Compilation of the Statutes. When that is concluded general legislation can be safely proceeded with. Otherwise we are liable to get into doubt and confusion, from which it will take much time to extricate ourselves. While favoring the bill under consideration it is certainly inexpedient to pass an act of so important a character until the report of the Committee on Revision shall be disposed of.
Mr. Bell supposed after the report of the Revision Committee shall be passed upon, a bill will be passed for an act repealing all laws inconsistent with the result of the work of the new compilation,
Mr. Comstock imagined that one duty of this Revision Committee would be not only to revise existing laws, but also such as may be passed this session, previous to final action on the report of the Committee on Compilation. To postpone action on every important bill till the compilation and revision existing laws shall a been completed, would procrastinate the duties of the session too long. The labors of that Commission can not be disposed of in a few days time; it represents the result of a year's work of three competent lawyers; and a careful examination of their work can not be made in a week or two. He thought it would be unwise to await action on the report referred to,and hoped, therefore, the Committee report will be concurred in.
The report was concurred in.
On motion by Mr. Comstock his bill [S.6] concerning the allowance of claims against decedents' estates, was read the second time.
Mr Bundy feared this bill was too sweeping in its terms, as it would take from the Statute Book the act of March 11, 1875; an this bill allows all claims of the executor or administrator without the intervention of scrutiny by the Court.
On motion by Mr. Comstock his bill [S.6] was considered as engrossed under a dispensation of the constitutional restriction-yeas, 34; nays, 11; read the third time and passed the Senate by yeas, 41; nays, 7.
AFTERNOON SESSION.
The Lieutenant Governor laid before the Senate a printed report of the Board of Revision of e the Statutes, which was laid an the table till the appointment of the standing Committees.
Mr. Wilson's bill, [S. 21], for the government of the State Prisons. introduced just before the adjournment last night, was read the first time. It a directs the Governor to appoint three Directors for each, of diverse politics, two in each Prison to serve two years and one for four years, and as their terms shall hereafter expire, all appointments shall be for four years. The compensation is to be $500 annually. The Warden is to receive $2,000, and give a bond for $30,000. Convicts are not to be let for less than fifty cents a day, an are to be allowed 5 per cent. of each day's labor. The "cat" is to be no longer used in the punishment of convicts.
NEW PROPOSITIONS.
The following described bills were Introduced and read the first time:
page: 40[View Page 40]By Mr. Yancy [S.22]: to provide for the examination of accounts of County Auditors, Treasurers, Clerks and Sheriffs by experts, to be appointed by County Commissioners every two years.
By Mr. Wollen [S. 23]: To protect the elective franchise.
By Mr. Wilson [S. 24]; Authorizing the appointment--by the Governor, for the term of two years--of a Commission of Fisheries. Appropriating $1,000 for expenses.
By Mr. White [S. 25]: To repeal the act inspection of mineral or petroleum oil for illumination purposes.
By Mr. Voyles [S. 26]: In relation to the issuing of marriage licenses. Shall be denied to habitual drunkards, or to any one guilty of two or more felonies, or to persons so weak-minded as to be incompetent to manage property.
By Mr. Van Vorhis [S. 27]: To amend Section 1 of the Justices' act of June 9, 1852.
By Mr. Spann [S. 28] To prohibit pool selling in this State.
By Mr. Smith [S. 29]: To provide for securing the muster rolls of the First, Second and Third Regimens of Indiana Volunteers (in the Mexican War) which have been lost, appropriating $1,000.
By Mr. Shaffr [S. 30]: To regulate the license and sale of intoxicating liquors. To sell in less quantities than a quart, applicant may b licensed by County Commissioners on petition of a majority of voters, with bond in the sum of $3,000 for a fee of $250.
By Mr. Ristine [S.31]: To establish a Superior Court in Montgomery County.
By Mr. Poindexter [S. 32]: To amend Section 2 on the Voluntary Association Act of February 12 1855; authorizing the formation of corporations to deepen and dredge rivers.
By Mr. Menzies [S. 33]: To prohibit the running at large of certain animals in this state--horse, cattle, mule, sheep, goats or swine.
By Mr. Keiser [S. 34]: For the relief of John P. Hance , a late Treasurer of Carroll County; $1,500 burglariously abstracted.
By Mr. Kahlo [S. 35]: Limiting the Charge of Railroad Companies for transportation of passengers to 3 cents per mile.
By Mr. Hefron [S. 36]: To amend Section 26 of the decedent's estate act.
By Mr. Hart [S. 37]: To amend Sections 49 and 53 of the property assessment act approved December 21, 1872.
By Mr Foster [S. 38]: To establish a State Public School for dependent children.
By Mr Comstock [S.39]: To authorize County Commissioners to Purchase suitable Asylums for Children proper charges on the County.
By Mr. Compton [S. 40]: To amend Section 3 of an act to provide for Township elections approved March 3, 1877.
By Mr. Coffey [S. 41]: To amend Section 48 of the act to divide the State into judicial circuits.
By Mr. Chapman [S. 42]: To repeal an act touching corporations, approved March 15, 1879.
By Mr. Bundy [S. 43]: To amend Section 12 of an act regulating descents and the apportionments of estates, approved May 14, 1852.
By Mr. Brown [S. 64]: To amend Section 10 of an act touching contempt of Court.
By Mr. Briscoe [S. 45]: To preserve the purity of elections--by punishing anything that can fairly be constructed as bribery of voters.
By Mr. Bischowsky [S. 46]: To establish a Superior Court in the County of Vigo.
By Mr. Benz [S. 47]: Concerning the licensing of engineers of stationary engines.
Pending the order the introduction of bills--
Mr. Grubbs, from the Special Committee thereon, reported the rules for the government of the Senate--some changes and additions to those of last session--which were ordered incorporated in the Senate Journal.
On motion by Mr. Brown, 200 copies were ordered printed in pamphlet form, together with the State Constitution, standing Committees of the Senate and the joint rules for both Houses.
On motion by Mr. Chapman, the House concurrent resolution for the appointment of a Joint Committee on Revision of the Laws was concurred in.
Mr. Woollen offered a joint resolution [S. -]: Authorizing the appointment of an Engrossing Clerk for the Board of Revision of Laws.
On motion by Mr. Langdon, it was laid on the table.
And then the Senate adjourned till 10 o'clock a. m. (under a rule of the Senate.)
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 12, 1881.-10 a.m.The Speaker called the House to order, and Rev. Halleck Floyd, a Representative from Wayne County, opened the session with prayer.
The Clerk's journal of yesterday's proceeding was read and approved.
A messenger from the Senate announced the passage by that body of a bill [S. 12] changing the times from June to August. Mr. Switzer from the Senate announced the passage of that body of a bill [S. 12] changing the times of holding Court in the County of Posey from June to August.
Mr. Switzer declined to serve on the Insurance Committee.
On motion by Mr. Merideth, the House concurred in the Senate joint resolution for the appointment of a Joint Committee to examine, with a view of purchasing library of the late Daniel Hough.
Mr. Edwins offered a resolution, which was adopted, that the Speaker appoint a Committee to consist of five members on Sanitary Affairs.
Mr. Switzer offered a concurrent resolution that our Senators and Representatives in Congress, be urged to use their influence for the passage of a bill pensioning the surviving soldiers of the Mexican War.
After a spirited discussion, in which Messrs. Meredith, Carter, Stewart and others opposed, and Messrs. Sweetzer and Teter favored the resolution.
On motion by Mr. Stewart, it was indefinitely postponed--yeas, 48; nays, 47.
On motion by Mr. Cauthorne, the Constitutional rule was suspended to allow the bill [S.12] to be put upon its passage, and it was accordingly pressed through three readings and finally passed--yeas, 91; nays, 0.
Mr. O'Brien, from the Committee appointed to confer with the State Librarian with reference to the purchase by her of Statutes for the use of the members of this House, reported that the Librarian had purchased of Messrs. J. J. Bingham & Co. sixty-three copies of the Statutes at $12 per copy.
After discussion by several members the report was re-commited, and two members added to the Committee.
AFTERNOON SESSION.
On motion, the House resolved itself into a Committee of the Whole (Mr. Kenner in the Chair) to consider the Governor's (Gray) message, and the inaugural address of Governor Porter. After some time spend therein the Committee rose, reported progress and obtained leave to sit again tomorrow at 2 o'clock p.m.
Mr. Fancher offered a resolution, which was referred to the Committee on Education, requiring the State Auditor to report the amounts of money drawn from the State Treasury for each of the years 1875, 1876, 1877, 1878, 1879, and 1880 on account of the State University, Purdue University and State Normal School, specifying the amount for each institution.
NEW PROPOSITIONS.
The following described bills were introduced, page: 41[View Page 41] read the first time and passed to the second reading:
By Mr. Davis [H. R. 20]: To fix the rate of interest on the school fund--6 per cent. Also [H.R. 21]: To amend Section 20 of an act relating to the election of Supervisors of public highways. Also, [H. R. 22]: To establish a Board of Fish Commissioners.
Mr. Gardner [H. R. 23]: To enable Manufacturing and Mining Companies of other States to hold real estate within this State.
By Mr. Edwins {H. R. 24]: To regulate the practice of medicine within this State. also, [H. R. 25], requiring railroads to sound a whistle at all road crossings.
By Mr.Hinton [H R.26]: Fixing fees of County Commissioners and Jurors.
By Mr. Carter [H. R. 26]: Providing for the submission of questions by the General Assembly to the Supreme Count; also, [H. R. 28]: To provide for entering satisfaction of judgments upon judgment docket; also, [H. R. 29]: Fixing the liability of employers for injury to employes; also, [H. R. 30]: For the uniform assessment of property for taxation; also, [H. R. 31]: Relating to voluntary associations for agricultural, literary and other purposes. also, [H. R. 32]: Defining cruelty to animals, and prescribing penalties therefor.
By Mr. McSheehy [H. R. 33]: To repeal the law requiring railroads to sound a whistle at crossings. Also, [H. R 34]: To provide for the election of a Political Judge in cities of 60,000 or more inhabitants.
Mr. Cabbage presented a petition from the citizens of Newburg asking the legalization of certain acts of the Board of Trustees of that town.
The Speaker announced a communication from the Auditor and Secretary of State with reference to certain claims for ditching in the County of Tipton, which was referred to the Committee on Claims.
Mr. Edwins offered a resolution, which was adopted, with reference to the copyright of a road system, and proposing questions relating there to the Attorney General for his opinion; also, a resolution that the Speaker appoint a Committee of five to investigate the charges of cruelty in the Woman's Reformatory Institution.
A message from the Senate announced the passage by that body of the bill [H.R. 1]: Appropriating $125,000 for expenses of this General Assembly, with certain amendments.
Mr. Thompson moved to suspend the rules and take up the bill H. R. 1, and act upon the Senate amendments were concurred in by the House of Representatives.
Mr. Merideth offered a resolution to reconsider the motion passed yesterday, with reference to re-seating the House, which was referred to a Special Committee of three, with instructions to report to-morrow at 2 o'clock.
Mr. Kenner offered a resolution, which was adopted, that all resolutions involving an expenditure of money shall be referred to the Committee on Claims.
Mr. Carter offered a resolution, which was adopted, that the codification of the school laws, as embraced in a bill which was before the last General Assembly, numbered H. R. 620, be referred to the Committee on Education. He also presented a claim of Burns & Denny, for legal services, of $1,800, which was referred to the Committee on Claims.
Mr. Cooper offered a resolution, which was adopted, that the Doorkeeper place another man in the cloak room.
Mr. Fuller offered a resolution, which was adopted, that the Doorkeeper appoint Mr. L. L. Dilly, a one-armed soldier, as one of his assistants.
And then the House adjourned till l0 o'clock to-morrow.
