IN SENATE.
TUESDAY, January 18, 1881--10 a. m.The session was opened with prayer by Rev. Wm. A. Bartlett, pastor of the Second Presbyterian Church.
The Lieutenant Governor appointed Messrs. Van Vorhis, Kramer, Shaffer, Chapman and Marvin a Special Committee on the bills introduced by Mr. Van Vorhis [S. 18] changing the time of holding elections in Indianapolis, and [S. 59] to provide for the election of a Police Judge in Indianapolis.
Albert W. Fullerton was announced as duly appointed Clerk of the Judiciary Committee.
Mr. Lockridge offered a joint resolution [S. 9] requesting Indiana Congressmen to use their influence for the enactment of a law for the suppression of contagious diseases among domestic animals, which was read the first time, and passed to the second reading.
Mr. Spann offered a concurrent resolution concerning the re-laying of the corner-stone of the new State House, prefaced with a preamble similar to the one adopted by a number of the Posts of the Grand Army of the Republic. The resolution commenced with the words: "We of different political faiths, but being of one mind on what is due the memory of dead soldiers and those living, justice to their memory demands that a memorial be placed in the State Capitol," etc., etc.
Mr. Brown reminded the Senate of the fact that, as a general thing, a very imperfect understanding is had of all bills, preambles and resolutions and other lengthy papers on the first reading: therefore this paper ought to be postponed for a day or two. He understood the resolution to state it was an intentional slight of Indiana soldiers by those having in charge the laying of the corner-stone, that no war record was placed therein. He though that was a mistake. For one he would rather not cast a vote of censure on those who laid the corner-stone by charging them with a willful and intentional omission to mention the acts of soldiers in the late war, unless he knew such to be the fact. This resolution should go to the Committee most appropriately organized for its consideration, and for once, he was willing the author of the resolution should name the committee. It is said the ceremonies at the laying of the corner-stone were strictly in accordance with the programme adopted for some time previous. Some persons in high authority have taken occasion to the criticise the action of Governor Hendricks on that occasion, and if it deserved such criticism he had no apology to offer.
On motion by Mr. Brown, the resolution was referred to the Committee on Military Affairs with instructions to report it back not later than day after to-morrow.
The Lieutenant Governor laid before the Senate similarly worded resolutions passed by Posts of the Grand Army of the Republic at several towns in this State, which were severally read.
Mr. Brown moved their reference to the same Committee inasmuch as the papers just read are very much like the preamble and resolution offered by the Senator from Rush (Mr. Spann) a few moments ago. [Laughter.]
Mr. Spann--It is almost an exact copy, but being better reading than Democrats usually have, he thought he would give them a chance to listen to it.
The motion to refer was agreed to.
When the Clerk was reading the resolutions adopted by the Ellsworth Post of the Grand Army of the Republic, in the town of Seymour, Jackson County--
Mr. Chapman interrupted the reading by say there was no necessity for taking up the time of the Senate in reading his paper or any other similar petition.
Mr. Brown had listened attentively to the reading of similar words in the resolution offered by the Senator from Rush (Mr. Span),and also gave respectful attention to a re-reading of the same matter when laid before the Senate in the way of a petition by the presiding officer; and now, as the Senator from Jack on, holding his seat in part by a goodly number of Republican votes (strange as it may seem the Senators on the left), he protested against the Senator from Marion (Mr. Chapman), showing, disrespect to his constituents by having a petition from his County of Jackson set aside without reading.
Mr. Chapman has not the good fortune to know the constituents of the Senator, from Jackson (Mr. Brown), and therefore has the most profound respect for them, which he might not have page: 54[View Page 54] did he know them as well as the Senator from Jackson. Mr. C. has not been betrayed into saying anything as yet of a partisan character to relation to the laying of the corner-stone of the new State House, and he did not propose to be betrayed into so doing at any time in the future. He desired to meet this question in a dignified Senatorial and Judicial manner, if he could. His only object in arresting the reading was to save time, and to call the attention of Chair to what he thought is the rule on the subject. As gentlemen desire the reading shall proceed he would yield the point.
On motion by Mr. Brown, the paper took the same reference as the others.
Indefinite leaves of absence were asked and obtained for Messrs. Owen, and Bischowsky on account of sickness.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees, unless otherwise stated:
By Mr. Hart [S. 101]: To amend Section 315 of the general practice act, approved June 18, 1852, so as to provide that when a complaint is filed, whether before or on the seventh day, the plaintiff may fix the day on which the defendant may appear.
By Mr. Grubbs [S. 102] Requiring foreign Insurance Companies to pay judgement rendered against them in this State, appeal from said judgment or forfeit their right to do business in this State; to compel the payment of judgments against foreign Insurance Companies within one year after the are rendered, with forfeiture of right to do business in the State if not paid at the end of that time, and imposing heavy penalties upon any agent, attorney or other representative of the Company which shall undertake to transact business after such forfeiture by failure to satisfy judgement.
By Mr. Henry [S. 103]: To protect books, magazines, papers, manuscripts, maps, charts, plans, paintings, engravings photographs and other property of Public Libraries and Libraries of Incorporated Educational Institutions, against mutilation, defacement and the like.
By Mr. Kramer, [S. 104,] to amend Sections 2 and 4 of the Common School law. It provides that annual settlements by Township Trustees shall be made on the first Monday after the first Tuesday in April and Town Treasurers at the June term instead of in October: and also provides that enumerations for school purpose shall be made every two years instead of annually. In smaller Counties this provision will do away with the October meeting of the Boards of Commissioners.
By Mr. Poindexter [S. 105]: Concerning County Libraries--authorizing County Courts to appropriate from $20 to $75.
By Mr. Sayre [S. 106]: Legalizing a conveyance of land made by the County Commissioners of Wabash County, which, on his motion was pressed through the three readings, and passed the Senate without an opposing vote under a dispensation of the Constitutional restriction.
By Mr. Smith [5, 107]: To discourage the keeping of worthless dogs and to provide for the registration and licensing of dogs.
By Mr. Kahlo [5, 108]: To amend Section 2 of the act touching the laying out of towns and cities.
On motion by Mr. Comstock, the bill [H. R. 120] to provide for two Clerks to the Joint Committee on the Revision of the Laws, was taken up and pressed to its third reading by the setting aside of the Constitutional restriction, and passed by yeas, 40; nays, 5, with an amendment of title.
By Mr. Langdon [S. 109] : Concerning the Battle Ground in Tippecanoe County. The Governor, Auditor and Secretary of State shall constitute the Battle Ground Commission, and cause the construction of a suitable monument commemorating the battle there fought; appropriating $10,000 to erect a monument on Tippecanoe battle ground.
Mr. Menzies offered a concurrent resolution authorizing the printing of 200 copies of the report of the codification of the insurance laws authorized by a concurrent resolution of the last General Assembly.
The adoption of the resolution was rested on the ground that but one of the three members of the Committee reports a bill, one other member dissenting, and a third has prepared an opinion differing from the other two. The resolution was referred to the Committee on Insurance.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. Briscoe offered a concurrent resolution which was adobted, for a Joint committee of three Senators and five Representatives, to report appropriate resolutions on the death of th late Governor James D. Williams.
The Lieutenant Governor subsequently made this Committee on the part of the Senate to consist of Messr. Briscoe, Hostetter and Sayer.
NEW PROPOSITIONS.
By Mr. Van Vorhis [S.110.]: Granting Boards of Aldermen and Common Councils of cities power to regulate and license pawnbrokers.
By Mr. Van Voyles [S. 111] Conferring upon Boards of Trustees of incorporated towns additional power--may take possession of uninclosed public commons.
By Mr. Woods [S. 112]: To provide for the appointment by the Governor of Boards of Trustees for the Hospitals for the Insane, for the Blind and for the Deaf and Dumb--terms of office to expire with the Gubernatorial term and the officers to be of different political parties according to the last State vote.
By Mr. Yancey [S. 113]: To amend Section 3 of the act of may 29, 1852, prescribing the duties of Justices of the Peace in this State.
By Mr. Bell [S. 114]: Permitting amendment of bonds, when defective or void for want of substance.
By Mr. Benz [S. 115]: Prohibiting the issue of County warrants in certain cases. [Before being allowed.]
By Mr. Chapman [S. 116]: In relation to the formation of Water Works Companies by the purchasers of Water Works sold by decree of Court.
Mr. Chapman, explaining the emergency there for in a few remarks, moved for a dispensation of the Constitutional restrictions that the bill may be read the second time by title, considered as engrossed, read the third time by sections, and put upon its passage.
Pending this motion--
The Lieutenant Governor announced the consideration of the special order for this hour, being a vote for a person to represent Indians in the United States for six years from the 4th of March next, and declared nominations be in order.
Mr. Grubbs--I place in nomination for Senator, General Harrison. Acting upon suggestions satisfactory to the other side, and, I believe, to this side, more formal presentation will be deferred until the joint session to-morrow.
Mr. Bell--Upon the part of the Democracy of Indiana, I desire to place in nomination Hon. Isaac P. Gray,of Randolph County, and,acting upon the statement made by the Senator who just taken his seat, will defer any more formal nominations until the Joint Convention to-morrow.
Mr. Poindexter-I nominate Hon. Gilbert De La Matyr.
Mr. Chapman--As one of the Senators from Marion County, I desire to second the nomination of Benjamin Harrison for United States Senator, and following the example set by the page: 55[View Page 55] gentlemen who have preceded me, I will reserve my rhetoric for to-morrow. [Laughter.]
No further nominations being made, the vote was taken with the following result:
| For Benjamin Harrison | 22 |
| For Isaac P. Gray | 23 |
| For Gilbert De La Matyr | 1. |
Those voting for General Harrison were Bundy, Chapman, Comstock, Garrigus, Graham, Grubbs, Henry, Hostetler, Kahlo, Keiser, Langdon, Lockridge, Macartney, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, White, Wilson and Yancey--22.
Those voting for Governor Gray were Senators Benz, Briscoe, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Majors, Marvin, Menzies, Rahm, Traylor, Urmston, Viehe, Voyles, Woods and Woollen--23.
Those voting for De La Matyr were Senators Poindexter-1.
The Senate returning to the business interrupted by the special order just disposed of--
Mr. Bell favored the immediate passage of the bill just introduced by the Senator from Marion (Mr. Chapman).
Mr. Urmston and Mr. Hefron opposed the setting aside of the Constitutional safeguard requiring bills to be read on three several days, as a general rule and would not depart from the custom in this case.
Mr. Brown regarded this bill as a piece of unnecessary legislation, for reasons which he set forth.
The pending motion for a suspension of the Constitutional restrictions was rejected--yeas, 30; nays, 14--two-thirds of the Senate not voting affirmatively.
By Mr. Coffey [S. 117]: To pay Matthew M. Campbell, or his executors, for service as teacher in the State University--two years regular and fifteen years extra work--$9,060.
By Mr. Davis [S. 118]: To restrain certain animals from running at large--horses, mules, cattle, sheep, goats, swine and geese.
By Mr. Foster [S. 119]: To legalize acts of the Board of Trustees of Monroeville, Allen County, since the incorporation of the town.
By Mr. Comstock [S. 120]: To amend Section 274 of the assessment of property act, approved December 21, 1872.
Petitions in favor of a Constitutional Amendment prohibiting the manufacture or sale of intoxicating liquor as a beverage; and pending the voice of the people praying the enactment of a law that will protect the people from the dire evils of intemperance, were presented by Messrs. Graham, Wilson, Spann (with 447 signers), Kahlo, Menzies, Benz, Coffeey, Yancey, Lockridge, Woollen, White, Hostetter, Howard, Shaffer with 924 names; Marvin with 431 names; Viehe, Langdon, Brown, Briscoe, from Democratic Jay county, which has no licensed saloon; Grubbs, Shaffer (for Mr. Owen who is sick), with 284 votes; Smith with 369 names; Poindexter, Woollen, Urmston, Keiser with 442 signers and Ristine. Which were severally referred to the Committee on Temperance without reading.
When these petitions began to come in rapidly, Mr. Brown remarked that he was glad to see them starting from the Republican side, and gave notice that when they bring forward a temperance bill, there will be Democrats enough to vote for it to pass it. [Cheers.]
Committee clerks were announced, to-wit: For the second group, E. A. Cox; for the third group-O. P. M. Hubbard.
The bill [S. 43]: To amend Section 12 in relation to decedents' estates, coming up on the second reading with a Committee report recommending indefinite postponement.
Mr. Urmston opposed concurrence therein. The bill provides that parties may be brought into court at any time after ten days' service and when served personally or by copy left at last place of residence, shall answer cross-complaints. Every attorney will recognize the importance of that provision. Other desirable features were referred to. He moved that the bill be recommitted.
Messrs. Graham and Bell favored concurrence in the Committee report.
Mr. Menzies favored the motion to recommit.
Mr. Traylor feared the bill would open up fraud largely.
Mr. Brown thought the bill had merit, though perhaps subject to some of the objections urged against it. The present system is not the most beneficial. Legislation should now favor lazy litigants. The present law seems to be in favor of the Sheriff.
Mr. Bell undertook to say the bill is in the interest of lawyers.
Mr. Brown favored the largest simplification of the practice of law. The object of this bill is to get rid of some of the cumbersome processes.
On motion by Mr. Urmston the bill was referred to the Committee on Organization of Courts.
And then the Senate adjourned.
