THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE,
FRIDAY, January 14, 1881-10 a. m.The Lieutenant Governor took the Chair at 10 o'clock.
Prayers were said by Rev. Jacob Rothweiler of the First German M. E. Church.
The Lieutenant Governor then announced the standing Committes of the Senate ,as follows:
- Elections- Sayre, Viehe, Spann, Keiser, Kramer, Lockridge and Hefron.
- Finance--Wilson,Langdon, Leeper, Davis, Smith, Owens and Foster.
- Judiciary--Grubbs, Bell, Brown, Chapman, Comstock, Graham and Traylor.
- Organization of Courts--Langdon, Coffey, Van Vohris, Grubbs, Bischowsky, Compton and Shaffer.
- Education--Owen, Leeper, White, Davis, Smith, Sayre, and Traylor.
- Corporations--Garrigus, Hefron, Spann, Wood, Yancey, Graham and Rahm.
- Roads--Poindexter, Hostetter, Hart, Macartney, Majors, Lockridge and Marvin.
- Benevolent and Reformatory Institutions--Van Vorhis, White, Comstock, Ristine, Bell, Kahlo and Urmston.
- Agriculture- Lockridge, Smith, Leeper, Poindexter, Davis, Macartney and Marvin.
- Banks--Macartney, Rahm, Yancey, Coffee, Bischowsky, Sayre and Compton.
- Public Printing--Keiser, Foster, Bundy, Yancey, Howard, Henry and Briscoe.
- Public Buildings and State Library--Kahlo, Menzies, Garrigus, Bell, Shaffer, Comstock and Woollen.
- State Prisons--Chapman, Menzies, Ristine, Hutchinson, Shaffer, Bundy and Benz.
- Canals, Internal Improvements and Swamp Lands--Bischowsky, Woods, Garrigus, Majors, Bundy, Poindexter and Hutchinson.
- Fees and Salaries--Smith. Bell, Langdon, Henry, Urmston, Owen and Marvin.
- Claims and Expenditures--Ristine, Urmston, Wilson, Hostetter, Davidson, Grubbs and Briscoe.
- Military Affairs--Hostetter, Howard, Grubbs, Henry, Kramer, Van Vorhis and Hart.
- Phraseology, Title, Arrangement of Bills and Unfinished Business--Henry, Brown, Langdon, Wilson, Traylor, Keiser and Woollen.
- Federal Relations, Rights and Privileges of the Inhabitants of the State--Shaffer, Davidson, Chapman, Coffey, Compton, Lockridge and Benz.
- Temperance--Ristine, Hefron, Kahlo, Shaffer, Briscoe ,Bischowsky and Urmston.
- County and Township Business--White, Voyles, Hostetter, Hart, Poindexter, Rahm and Ristine.
- Public Health and Vital Statistics--Yancy, Woollen, Howard, Shaffer, McCartney, Sayre, Majors (and Van Vorhis, added by vote of the Senate in the afternoon.)
- Insurance--Spann, Woollen, Wilson, Graham, Wood. White and Voyles.
- Railroads--Graham, Brown, Kahlo, Foster, Spann, Garigus and Voyles.
- Mines, Mining and Manufactures--Bundy, Compton, Keiser, Owen, Viehe, Chapman and Menzies.
- Congressional Apportionment--Grubbs, Viehe, Comstock, Compton, Langdon, Poindexter, Rahm, Garrigus, Wood, Macartney, White, Van Vorhis and Howard.
- Legislative Apportionment--Shaffer, Brown, Spann, Kramer, Keiser, Coffey, Owen, Woollen, Yancey, Graham, Hostetter, White and Traylor.
- Supervision and Inspection of the Journal of the Senate--Bischowsky, Briscoe, Davidson, Lockridge, Van Vorhis, Hutchinson and Sayre.
- Executive Appointments--Bundy,Brown, Chapman, Yancey, Voyles, Graham and Hutchinson.
JOINT STANDING COMMITTEES ON THE PART
OF
THE SENATE.
- On Enrolled Bills--Smith, Foster and Wilson.
- Public Buildings--Garrigus, Leeper and Lockridge.
- State Library--Kahlo, Marvin and Van Vorhis.
- Canal Funds--Bischowsky, Davidson and Owen, Claims--Wilson, Heffron and Yancey.
- Revision of Statutes--Comstock, Viehe,Langdon, Menzies and Henry.
The Special Committee on selecting Committee Rooms reported a proposition from the Grand Hotel to let five rooms--one exclusively and the others till 11 o'clock p. m.--for $200 for the session.
Mr. Van Vorhis and Mr. Langdon insisted that Committee Rooms should be for the sole use of the Committees at all hours and at all times.
Mr. Foster regarded the proposition as a favorable one, and the price very low.
page: 46[View Page 46]Mr. Comstock understood the rooms were subject to Committee use at any time during the day and until between 11 and 12 o'clock at night; but he desired the understanding should be put in more definite form. He moved that the Committee get from the proprietor a written statement as to specific rooms and the keeping of papers.
Mr. Smith, as one of the Committee, would see all of the requirements of the Senate complied with.
Mr. Brown declared this report did not comply with the demands of the Senate.
Mr. Urmston desired the Committee to get propositions from other quarters than the Grand Hotel.
Messrs. Comstock, Traylor, and others, desired the proposition to be signed by the parties themselves- the proposition heretofore from the Grand having been sent in, one with the signature of "J. J. Rice," and the other signed simple "Rice."
The motion to recommit was agreed to.
Mr. Chapman offered a concurrent resolution. which was adopted, that at the Joint Convention of the two Houses, to be convened on Wednesday next, according to the terms of an act of Congress, after the election of United States Senator, the General Assembly will proceed to the election of a State Librarian.
The four joint resolutions and the first forty-five bills heretofore introduced in the Senate, were taken from the table and, upon being identified by reading the number and a few words in the title, were severally referred to the appropriate standing Committees of the Senate.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
The order of reading bills by number and portions of title for reference were continued and pursued till the entire seventy-three bills heretofore introduced this session had been parceled out to the several standing Committees.
Mr. Briscoe, from thee Special Committee thereon, reported a proposition from the Grand Hotel to furnish five rooms for use of Senate Committees from 8 a.m. till 11 p.m. and one at all hours, the five rooms for the sum of $200 for the session.
Mr. Bell moved that the Committee be directed to make a contract on the basis of that proposition.
Mr. Brown opposed contracting on so meager information as to the surroundings and furnishings of the rooms referred to.
Mr. Bell imagined these Committee Rooms would not be needed after 11 o'clock p.m., nor before 8 o'clock a. m.; had heard of no propositions as good. The rooms are needed, and it is better to contract at once.
Mr. Smith asked to be excused from serving on the Committee any longer.
Mr. Briscoe desired the Committee should have further time; if given till Monday morning, and the Senate so desire, he would have twenty propositions in here.
Mr. Chapman thought it would be a foolish thing to close a contract with the Grand Hotel. The Chairman of the Committee himself states that he has not even seen the rooms, and we have nothing more than speculation as to where the rooms are, or what they are. He did not believe Committee Rooms should be engaged at a hotel, if as comfortable quarters can be obtained elsewhere.
Mr. Urmston--On three several occasions the Senate has attempted to instruct the Committee on the Selection of Committee Rooms, but as yet the Committee has submitted no regular report. Until this Committee has reported, after diligent search, that they can recommend the acceptance of a certain proposition, he should oppose instructing them to accept any offer that has crept into the Senate.
Mr. Wilson stated that the Committee desired to obtain rooms that would suit the convenience of members. As a member of the Committee he had done what he could, and now asked unanimous consent to be retired from further service thereon.
The pending motion (Mr. Bell's) was agreed to--yeas, 27; nays, 17.
On motion, it was ordered that when the Senate adjourn it be till Monday afternoon, at 2 o'clock.
NEW PROPOSITIONS.
The following described bills were introduced read the first time, and severally referred to appropriate Committee:
By Mr. Yancy [S. 74]: To regulate and improve the practice of medicine in Indiana. Divides the State into nine Districts, the Governor to appoint Board of Examiners in each from each school of medicine.
By Mr. Bell [S. 75]: To enable owners of lands subject to overflow by any stream or river to reclaim and protect such lands by a system of levees, with proper dikes, water-gates and breakwaters.
It provided for petition by a majority of such land owners, along any river or water course, to the Board of Commissioners; for the appointment of appraisers for the assessment of benefits and damages; for making such assessment a lien upon the lands; for an appeal by the land owner to the Circuit Court, etc. The bill is lengthy and provides full safeguards and defines the method of procedure in detail.
By Mr. Woods [S. 76]: To permit all patents issued by the United States and by the State of Indiana conveying real estate in said State, and the record of all patents aforesaid, legal evidence in the Courts thereof, and to provide for recording all patents aforesaid for said purpose.
By Mr. Brown [S. 77]: To provide for exemption from sale or execution or other processes issuing upon demands arising out of contract, express or implied, certain property, and exempting from sale a homestead, and to prevent the same from being mortgaged to secure debts or demands, and preventing the same from being conveys without the consent of the wife. [Every householder having a family dependent on him may hold exempt from execution a house, outbuilding and grounds not exceeding in value $1,500.]
By Mr. Chapman [S. 78]: To create a State Board of Charities for the various Charitable and Benevolent Institutions of the State, and of the respective Counties thereof, providing for the appointment of such Board, defining its powers and duties, etc.
By Mr.Comstock [S. 79]: Concerning the purchase of toll roads and their management as free roads.
By Mr. Foster [S. 80]: For the preservation of life and limb of railroad employes. [It requires all Railroad Companies doing business in Indiana to change freight cars within sixty days to a uniform height, so a coupling can be devised rendering it less liable to cause accidents.]
Pending the introduction of bills--
The Lieutenant Governor announced the Special Committee of one from each Congressional District, to which was referred the bill [S. 1] providing for calling a Constitutional Convention, viz.: Messrs. Brown, Hart, Hefron, Wilson, Lockridge, Spann, Chapman, Compton, Langdon, Woods, Sayre, White and Foster.
The Lieutenant Governor laid before the Senate the following list of appointees, arranged by the officers of the Senate, which was ordered spread upon the journal.
Appointments by the Principle Secretary:
- Reading Clerk--Peter C. Canary, of Marion county.
- Registry Clerk--William F. A. Bernhamer, of Marion County.
- File Clerk- J. L. Leach, of Floyd County.
- Engrossing Clerks--W. W. Woollen, Jr., of Marion County; C. L. Speer, of Marion County; William W. Buchanan, of Marion County.
- Enrolling Clerks--Peter H. Pernot, of Allen County; H. S. Mintle, of St. Joseph County.
Appointments by the Assistant Secretary:
- Minute Clerk--W. H. Drapier, of Marion County.
- Principal Journal Clerk--J. T. Darnell, of Putnam County.
- Copying Clerk--C. F. Robbins, of Marion County.
- Copying Clerk--Aaron P. Harrell, of Warren County.
- Copying Clerk--Edward E. Davis, of Vermillion County.
Appointments by the Doorkeeper:
- First Assistant--Walter Poindexter, of Clark County.
- Second Assistant--Frank H. Pillet, of Marion County.
- Third Assistant--John W. Marian, of Rush County.
- Postmaster--A. W. Monroe, Jr., of Floyd County.
- Paper-folder--W. H. Padgett, of Scott County.
- Sweeper--John Campbell, of Vermillion County.
- Spittoon Cleaner--J. T. Owen, of Putnam County.
Pages appointed by President pro tem. Viehe and the Lieutenant Governor:
- Harry Bouser, of Marion County.
- George Price, of Marion County.
- Ralph J. Pendledon, of Marion County.
- Harry Richardson, of Putnam County.
- Kay Robinson, of Marion County.
On motion by Mr. Yancey, Senator Van Vorhis was added to the Standing Committee on Public Health and Vital Statistics.
A yea and nay vote discovering no quorum present--
The Senate adjourned (under a previous order) till Monday 2 o'clock p. m.
HOUSE OF REPRESENTATIVES.
Friday January, 14, 1881-1:30 p. m.The session was opened with prayer by Rev. Mr. Chamberlain, of the Eleventh Presbyterian Church.
The reading of the Journal of yesterday was concluded, after two motions to dispense with it had been rejected.
Mr Cauthorne moved to take up the bill [H. R. 34] providing for the election of Police Judges in cities of more than 60,000 inhabitants, and upon objections being made with drew his motion till the completion of the call of Counties for the introduction of bills.
The following bills were introduced, read the first time and passed to the second reading:
By Mr. Meredith [H. R. 76]: Supplemental to an act establishing a Female Reformatory--authorizing the construction of a sewer from said institution.
By Mr. Floyd [H. R. 77]: To provide for the purchase of toll roads and the construction of free gravel roads by County Commissioners.
By Mr. Meredith [H.R. 78]: Providing for the organization and government of State Prisons, and repealing all conflicting laws. It consolidates the management of both Prisons into the hands of five Directors, to be chosen from both political parties, by nomination by the Governor, instead of separating the Prisons and giving their directions to each as under the present system. This Board shall have an office in Indianapolis, and shall choose a Secretary and the Wardens, the latter to have the appointment of guards, etc. It provides, also, that any improvement or experiment may be made by order of the Directors without cost to the State.
Mr. Cummins [H. R. 79]: Amending the act relating to attorney's fees, declaring all agreements in written instruments to pay such fees null and void.
Also [H. R. 80]: Extending the jurisdiction of the Criminal Circuit of the County of Vigo.
By Mr. Carr, of White and Benton [H. R. 81]; Making an appropriation to pay the County of Benton $1,400 for the extraordinary expenses incurred in the arrest, trial and conviction of J. L. McCalloch for murder.
By Mr. Carr, of Whitley [H. R. 82]: Amending Section 2 of the divorce law, requiring applicant to give bond for costs.
Mr. Cauthorne again moved to suspend the rules so as to take up the Police Judge bill [H. R. 34], but the motion failed to obtain the constitional majority of two-thirds--yeas, 63; nays, 25.
Mr. Buskirk called up his resolution of yesterday, to allow each member under the call of Counties to introduce but one bill for each County represented by him, which was amended so as to read "two" instead of "one."
Mr. Carter said that the proposed change would consume more time than the rule as it now stands. The change only effects a few Counties, and Marion County especially. It is not the fault of Representatives from Marion County that it is a large County. A good many people live there and their Representatives should be allowed to introduce bills for whatever legislation the people require. When the time comes she always rolls up a good Republican majority.
Mr. Mitchell thought the proposed change would not consume any more time than the rule as it now stands.
Mr. Miles moved to lay the resolution on the table. The motion was rejected--yeas 39; nays, 51.
Mr. Cauthorne opposed the resolution for a change, because the present rule works well.
Mr. Lindlay thought the change would work unequally, giving members representing more than one County advantage over other members.
Mr. Kenner read from the rules of the House showing that the call would not hereafter be frequent.
Messrs Thompson, Hamilton, Floyd, and Moody spoke in opposition to the resolution.
Mr. Buskirk disclaimed any intention to bring poltics into this matter. He had considerable respect for Marion County,although it gives a large Republican vote.
The resolution was adopted--yeas 46; nays 43.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
The following described bills were introduced, read the first time, and passed to the second reading:
By Mr. Thompson [H. R. 83]: To repeal an act authorizing Township aid to railroads. Also,[H. R. 84]: To secure purity in elections, requiring Inspectors and Judges of Election to write their names on each ballot.
By Mr. Teter [H. R. 85]: To establish a uniform method of computing interest when partial payments have been made.
By Mr. McIntosh [H. R. 86]: To regulate the practice of medicine, surgery and obstetrics.
By Mr. Cooper [H.R. 87]: To repeal Section 414 of the act regulating pleading and practice, approved June 18, 1852.
By Mr. Berryman [H. R. 88]: To authorize the sale on execution of any plank, McAdamized or gravel road.
By Mr. Ryan [H. R. 89]: To authorize Boards of cities and towns to appropriate the revenues derived from liquor licenses to the sustaining of Public Libraries.
By Mr. Taylor [H. R. 90]: To repeal an act regulating the inspection of petroleum.
By Mr. Meredith [H. R. 91]: To encourage immigration.
By Mr. Bryant [H. R. 92]: To amend Sections 7 and 9 of the law authorizing the construction of gravel roads, limiting cash to $30,000. Also, [H. R. 93]: For the relief of John B. Hance recent Treasurer page: 48[View Page 48] of Clinton County, the loss of public money by robbery.
By Mr. McCormick [H. R. 94]: Regulating foreign Life Insurance Companies; Providing that in the absence of an agent a policy-holder may deposit his payment in bank and notify the Company of such deposit, which shall constitute a valid payment. Also, [H. R. 95]: Regulating fire Insurance Companies: Providing that in case of total loss by fire the amount of the policy shall be considered the amount of damages, and that the Company may rebuild by allowing the owner a reasonable rental fort he property for the time he is deprived of its use.
By Mr. Lindlay [H. R. 96]: To establish a State Publid School for dependent children; also [H. R. 97], to prevent the playing of cards and other games in places where liquor is sold.
By Mr. Moody [H. R. 98]: For the relief of Silas J. Brandon, Township Trustee of DeKalb County, for public money stolen.
By Mr. Hinton [H. R. 99]: To provide for the call of a Constitutional Convention.
By Mr. Gibson [H. R. 100]: To amend Section 1 of an act fixing the pay and mileage of members of the General Assembly--the Speaker to receive ten dollars and the other members six dollars per day, and mileage at the rate of five dollars or every twenty-five miles traveled in coming to and returning from the Capital.
Mr. Kenner offered a resolution, which was adopted. that the House inquire into the expediency of re-laying the corner-stone of the new State House, so as to insert therein a record of the part taken by Indians in the late war.
Mr. Sinclair offered a resolution,which adopted, that the Clerk enter upon the journal of to-day's proceedings the rules adopted on the 12th instant.
A message from the Senate announced the passage, by that body, of a concurrent resolution that, on next Wednesday, after the election of a United States Senator, the two Houses proceed to elect a State Librarian ; and subsequently--
On motion of Mr. Fall, this concurrent resolution was concurred in.
Mr. Cauthorne, from the Committee to which was referred so much of the message of Governor Gray and the inaugural address of the present Governor as related to the deceased Governor, Jomes D. Williams, submitted a report,which which was made the special order for next Thursday at 2 o'clock.
Mr. Fall offered a resolution, which was adopted, that the Committee on Mileage and Account be requested to report at their earliest convenience.
Mr. Fancher offered a resolution, which was adopted, that the Clerk of the House be ordered to supply lithograph letter-heads for use of the Committees.
Mr. Gillam offered a resolution, which was adopted, that the State Librarian be requested to furnish the House with such copies of the Statutes as are now in the Library.
The House adjourned till 10 o'clock to-morrow.
