THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 13, 1881-10 a. m.The Lieutenant Governor in the Chair Prayer by Rev. J. H. Talbott, of Meridian Street M, E. Church.
The Lieutenant Governor obtained consent of the Senate to appoint another page, and there- upon named Kay Robinson, of Marion County.
The first petition of the session was presented by Senator Poindexter, from the Board of Commissioners of Floyd County, praying for law limiting the terms of the offices of Sheriffs and Treasurers to four years, and ineligible for a second term.
Mr. Marvin offered a resolution requesting the Judiciary Committee to inquire into the constitutionality of prohibiting by law the circulation of the trade dollar in Indiana.
Mr. Kahlo offered a resolution of inquiry into the expediency of reducing the number of Senators to thirty and Representatives to sixty, with a fixed salary.
These two resolutions were laid on the table till the appointment of the Standing Committees.
Mr. Rahm offered the following joint resolution which was read the first time:
Resolved by the General Assembly of the State of Indiana, That our Senators and Congressmen be, and are hereby, instructed to use their influence to secure the passage of a law pensioning the remaining survivors of the Mexican and Florida Wars as a matter of justice to brave men, who, by their heroism, aided the Government to acquire territory of incalculable value to the country and preserved the honor of the Nation.
The following described bills were introduced:
By Mr. Bischowsky [S. 48]: To provide for the schools of the State a uniform series of text books better and cheaper than those in use, authorizing the Governor to appoint five of the best teachers in the State, to be called a State Board on School Books. It recommends that the Board select the school books, and when no books can be ad for specific purposes, to employ competent persons to prepare them. It also provides against a change in text books more frequently than once in ten years.
By Mr. Briscoe [S. 49]; To promote the general health and secure better drainage.
By Mr. Bundy [S. 50]: Legalizing the incorporation of the town of Newcastle, Henry County.
By Mr. Foster [S.51]: Concerning interest an money-making the rate 6 percent, in all cases.
By Mr. Leeper [S. 52]: To amend Section 34 the common school law. To license teachers with specific reference to their qualification to teach particular grades. As the law now is,teachers primary grades must stand an equal examination with those in high grades, and the result is that the former grow rusty in the higher branches.
By Mr. Rahm [S. 53]: To amend Evansville city charter.
By Mr. Ristine [5. 54]: To amend the gravel road act of March 3, 1877.
By Mr. Smith [S. 55]: To authorize County Boards to purchase and make free gravel an macadamized roads in their Counties.
By Mr. Poindexter [S. 56]: To regulate the transportation of freight on railroads in this State.
By Mr. Spann [S. 57] To authorize incorporaed towns to contract for water with Water Works Companies.
By Mr. Urmston [S. 58] : To amend Section 74 of the school law.
By Mr. Van Vorhis [S. 59]: To provide for election of a Police Judge in cities of 60,000 and more inhabitants.
By Mr. Viehe [S. 60]: To provide for submission to the electors of Indiana for ratification the amendments to the Constitution proposed by sessions of 1877 and 1879, on the blank day of February, 1881.
AFTERNOON SESSION.
By Mr. Wilson [S. 61]: Defining the Sixth Forty-second Circuits, and fixing the times holding Courts therein.
By Mr. Comstock [S. 62]: To remove disabilities in coverture- provided that married women shall not have power to incumber her real estate except by deed, in which her husband shall join.
By Mr. Sayre [S. 63]: To amend Section 26 of the fee and salary bill, approved March 31, 18 relating to Sheriffs.
By Mr. Owen [S. 64]: To amend Section 1 of city and town bond-issue act for the purpose of reducing indebtedness, approved March 24, 187 page: 43[View Page 43] so that towns having a less indebtedness than $100,000 may take advantage of the provisions of te act which now is limited to $30,000.
By Mr. Urmston [S.35] To amend Section 766 of the general practice act, approved June 18, 1852.
By Mr. Brown [S. 66]:To amend Section 1 of an act to amend Section 20 of the general practice approved June 17 1852, approved March 10, 1873--the Section concerning competent witnesses.
By Mr. Kramer [S. 67]; To extend the term of office of Town Trustees to two years; one-half the number to go out of office annually.
Mr. Shaffer, by consent, offered a resolution, which was adopted, for a Committee of three to draft suitable resolutions upon the life and death of B. O. Davenport, who died while a member of this body. The Lieutenant Governor subsequently made this Committee to consist of Messrs. Shaffer, Hefron and White.
By Mr. Langdon [S. 68] To provide for determining, allowing and paying claims against the State and constituting the Auditor, Secretary and Treasurer of State a Board of Claims.
Mr. Owen moved that his bill [S. 64] be taken up, the constitutional restriction requiring bills to be read through on three several days dispensed with, the bill read by title only for the second reading, considered engrossed, read the third time by sections, and put on its passage. He explained that the present law confines the benefits therein to towns having an indebtedness not exceeding $30,000. His own town of Covington has an indebtedness of $80,000, and an opportunity is presented to fund it at a less rate of interest than she is at present paying. With the amendment proposed, increasing the $30,000 to $100,000, Covington can have the advantages of the law.
The motion was agreed to by a two-thirds standing votes. The bill was pressed to its final reading and passed by yeas 37,nays 1.
Mr. Foster offered a concurrent resolution to authorize the printing of all laws containing an emergency clause, in the order of enactment,as soon as possible thereafter, in sufficient numbers to supply all Clerks' and Auditors' offices and Bar Associations of the State.
Mr. Van Vorhis objected to the resolution, on the score of expense.
Mr. Foster insisted the expense would be trifling, if any, as the laws have to be put in type any how, and that can be done as they are passed, the Printing Bureau sending out proof sheets, the to remain standing until printed off for the acts as published in book form.
On motion by Mr. Van Vorhis, the resolution laid on the table--yeas,25; nays, 14.
The following described bills were introduced and read the first time:
By Mr. Foster: A bill [S. 69] to regulate the practice of medicine in Indiana.
By Mr. Rahm [S. 70]: To enable Dr. D. C. Doig, of Evansville, to change his name to James Herbert Egan.
By Mr. Menzies [S. 71]: To amend Section 784 of general practice act of June 18, 1852.
By Mr. Voyles [S. 72]: Authorizing the distribution of unexpended 3 per cent. funds by Commissioners to Trustees of the several Townships.
On motion by Mr. Bundy, his bill [S. 50],to legalize acts of the incorporation of the town of New Castle, was taken up. He desired to press it the third reading and put it on its passage today.
Mr. Langdon objected to the passing of such bills--not knowing anything about the facts in the case. This bill may be right, but in most of this kind there is controversy, and sometimes serious difficulties arise. He insisted such bills ought to be referred and considered by the proper Committee.
Mr. Bundy stated that the bill is offered at the request of the Board of Town Trustees, and he had never heard of any opposition to it. For several years there have been questions as to the validity of some taxes assessed. but the bill is drawn more broadly to cover other questions connected with acts done under the acts of incorporation, in the annexation of contiguous lands, etc.
Mr. Urmston remembered a portion of last session was taken up in passing legalizing bills. He did not like to encourage negligence and carelessness in acting under city and town incorporations and other laws. A bill like this, covering every defective act of such a Board, is entirely too sweeping. If the author will confine the terms of his bill to certain acts, it might be unobjectionable.
Mr. Menzies required whether the Board had the power to do what they have attempted and failed through some informality.
Mr. Bundy did not really believe it was such an informality as would invalidate the collection of taxes, but there is doubt about it. He thought the main trouble in the levying of taxes, and he desired to have the annexation of contiguous territory legalized.
Mr. Brown saw no objection to the provisions of the bill, as far as the Senator from Henry, (Mr. Bundy) has referred to them.
Mr. Van Vorhis could not see any harm to come from allowing this bill to go through the scrutiny of a Committee. It is too early in the session to commence passing legalizing acts.
Mr. Bundy withdrew his motion.
Mr. Benz introduced a bill [S. 73] to amend Section 3 of an act of June 9, 1852, for the regulation of weights and measures, which was read the first time.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 13, 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 reading of the Journal of yesterday's proceedings was pursued until, on motion the further reading was dispensed with.
The Speaker announced that he had fixed his signature to the bill [H. R. 1.] providing an appropriation for the current expenses of this Assembly, and ordered the Clerk to inform the Senate thereof.
The Speaker laid before the House a communication from the State House Commissioners inviting the Members of the House to inspect the work on the new State House.
Mr. Edwins asked to be relieved from duty on the Insurance Committee.
A message from the Senate announced the concurrence by that body in the Joint Rules adopted by the House.
On motion by Mr. Cauthorne, the resolution providing for the printing of 200 copies of the Joint Rules was taken from the table and adopted.
Mr. Meredith, from the Committee appointed to investigate charges of cruelty in the Woman's Reformatory, saying that the Committee wished to make a thorough investigtion, asked that said Committee be empowered to send for persons and papers and employ a clerk, which requests were granted.
The following described bill were introduced, read the first time, and passed to the second reading:
By Mr. Cotton [H. R. 351]: To provide for the more uniform working of public highways.
Also [H. R. 36]: To protect sheep husbandry; Trustee to register and number all dogs.
By Mr. Hinton [H. R. 37]: To establish a Female Insane Hospital; [providing that the new part of the Insane Asylum shall be for females, and that the Board of Directors shall consist of three ladies who shall be paid $300 a year.]
By Mr. Furnas [H. R. 38]: To protect sheep husbandry and regulate dogs.
page: 44[View Page 44]By Mr. Berryman [H. R. 39]: To authorize the purchasers of rail and other roads to organize as incorporated Companies.
By Mr. Carter [H. R. 40]: Providing for the submission of the constitutional amendments (as prepared by the State Bar Association.) Also [H. R. 41]: Describing the duties of persons employed to examine records, and to furnish abstracts of title.
By Mr. Walker [H. R. 42]: To amend the homestead law, reducing exemption from execution to $300.
By Mr. Cole [H.R. 43]: Fixing rate of interest on public funds at 6 per cent.
By Mr. Buskirk [H. R. .44]; Exempting from taxes indebtedness to the amount of $10,000.
Also, [H. R. 45]; Declaring who shall not be eligible to the office of Township Trustee, excluding residents of cities and towns.
Also [H. R. 46]: Providing for the consolidation of the Township Congressional fund, for the purpose of loaning the same.
Also, [H. 47]: To amend the law regulating pleading and practice.
By Mr. Wilson, of Morgan County [H. R. 48]: To amend the law concerning inclosures, in reference to partition fences.
By Mr. Hammond [H. R.49] : To amend the law in relation to the loan of Common School funds.
By Mr. Sweitzer [H. R. 50]: To require keepers of hotels and lodging houses to provide means of escape in case of fire.
AFTERNOON SESSION.
On motion by Mr. Cauthorne the House resolved itself into a Committee of the Whole (Mr. Kenner in the Chair) to consider the message of the Governor Gray, and the inaugural address of the present governor.
Mr. Cauthorne offered a resolution to refer the different parts of the Governor's message and the inaugural address to appropriate Committees, which was adopted, and the Committee rose.
Mr. Kenner, Chairman, submitted the resolution of Mr. Cauthorne as the report of the Committee of the Whole, which was adopted.
Mr. Mason offered a resolution, which was laid on the table, that a Committee of five be appointed to deposit in the corner-stone of the new State House a record of the services of Indiana soldiers in the late war.
Mr. Buskirk offered a resolution, which was adopted, that upon the call of Counties for the introduction of bills, after the present call is completed, each member be allowed to introduced but one bill for each County represented by him.
By Mr. Sweitzer [H. R. 51]: To authorize Trustees to purchase school books.
Also [H. R. 52]: To amend an act for the assessment of property, and the collection and return of taxes.
Also [H.R. 53]: Amending the law requiring railroads to sound their whistle at crossings.
Also [H. R. 54]: To amend the common school law so as to require the County School Superintendent to charge a fee for examining teachers, and limiting his time for visiting schools to ninety days.
By Mr. Gillum [H R. 55]: Authorizing the issue of bonds to build gravel roads.
Also, [H. R. 56]: To amend the law for the assessment of property. Also, [H. R. 57]: to legalize certain acts of County officers in relation to the collection of taxes.
My Mr. Sulzer [H. R. 58]: To provide for the election of Town Attorneys in towns of 4.000 or more inhabitants.
By Mr. Skinner ]H. R. 50]: Authorizing the sale of certain lands belonging to the State in Porter County.
By Mr. Walz [H. R. 60]: Making Township Trustees Supervisors of the roads with authority to let the repairing of roads to the lowest bidder.
By Mr. Murray [H. R. 61]: Authorizing the organization of Companies for the Construction of telephones. Also [H. R. 62]: To amend the law in relation to Justices of Peace. Also [H. R. 63]: To prohibit the sale of opium, morphine or other poisonous drug and spirituous or malt liquors, except on certain conditions.
By Mr. Wolfe [H. R. 64]: Amending Common School law; prescribing rules for the County Examiner in issuing teachers' licenses.
By Mr. Akin [H. R.65]: Legalizing the corporation of Merom College.
By Mr. Westfall [H. R. 66]: To legalize the acts of the Board of the town of Chauncy.
By Mr. Ham (H. R. 67]: Amending the homestead law.
By Mr. Huston [H. R. 68]: To amend the law relating to interest and usury.
By Mr. Roelker [H. R. 69]: Securing to working men pay for their labor, by lien on property. Also [H. R. 70]: Amending Common School law so as to require County Superintendents to hold State certificates, and providing for their election by the County Commissioners.
By Mr. Fall [H. R. 71]: Providing for a speedy publication of certain laws.
By Mr. Cabbage [H. R.72]: To legalize the acts of the officers of the town of Newburg.
By Mr. Mitchell [H. R. 73]; Regulating certain elections, requiring the payment of poll tax to entitle a voter to a vote. Also [H. R. 74]: Amending the Common School law so as to allow joint institutes of four Townships, and allowing pay to teachers for attending. Also [H. R. 75]: In relation to the issuing of marriage licenses, and prohibiting the issuing of the same to habitual drunkards or persons convicted of felony, etc.
And then the House adjourned.
