THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 20, 1881--10 a.m.The Lieutenant Governor commanded attention Dr. Aaron Wood, Chaplain of the Soldiers' Orphans' Home and Home for Feeble-Minded Children, at Knightstown.
Mr. Menzies introduced a bill [S. 125] to amend Section 3 of the act for the protection of wild game [so as to shorten the time in which quails and pheasants may be killed one month], which was read the first time and referred to the Committee on Rights and Privileges.
The Lieutenant Governor announced the special order for this hour, being consideration of Mr. Comstock's bill [S. 62] to remove the disabilities of coverture. The question being on the pending amendment (Mr. Viehe's) offered yesterday morning--
Mr. Brown--If this bill passes and becomes part of the common law, a married woman can make any kind of a contract she choose, and then a serious question would arise as to whether or not her husband would be liable for her contracts.
Mr. Comstock--Under this bill a married woman will be invested with the same rights as an unmarried woman, except that she can not convey real estate without the consent of her husband. Her property would be liable for her own contracts.
Mr. Langdon favored enlarging the rights of married women, providing it can be done without infringing on the marital relations and rights of the husband. There should be great care taken that contention and strife be not brought to the family hearth-stone, which sacred place should be carefully protected from anything like contention and strife. This bill is treading on very dangerous ground. Such legislation should be perfected with great care and deliberation, and Senators should not jump in blindly, when a little time might make the bill more perfect and acceptable to all. He moved to refer it to the committee on Revision of Laws.
Mr. Bell was anxious to have this bill discussed and considered at once, and without delay. Under the present law, the husband is liable to pay for necessaries purchased by the wife, but not liable for her contracts, and the passage of this bill would not fix the husband any liability for the wife's contrast. The effect of the bill is to allow the wife to make contracts separate and apart from her husband, making her separate property liable to her contracts. The time will some when the disposition of this question will be forces upon us and its deliberate consideration will undoubtedly result result in the passage of this or a similar bill. After a full discussion of this bill, he had no objection to the reference proposed by the Senator from Tippecanoe (Mr. Langdon).
Mr. Spann was of opinion that this bill, if passed, would wipe out all other laws in reference to married women now on the Statute Books and cited instances where every dollar's worth of her property might be swept away, leaving her not even so much as a dress or a bonnet. He favored extending every right to married women in so far as the law may be just to them and their consorts.
Mr. Brown was not troubled with the fears expressed by the Senator from Rush (Mr. Spann). This bill should be amended by the addition of a proviso, that when the wife's property is put to sale upon execution sued out upon a judgment obtained upon her contract, the law of exemption ought to apply. Deeds and mortgages are the incumbrances contemplated by the provisions of this bill. Under this bill, after exhausting the property of the wife, it is not clear but the property of the husband would then be liable; and if passed, the bill should be amended so that the husband shall positively not be liable for the new engagements the law may permit the wife to enter into.
Mr. Chapman considered that the danger apprehended by the Senator from Jackson [Mr. Brown] does not exist in fact. He ha been recently of opinion that the Courts were wrong in deciding that the husband is liable for contracts of the wife, even for necessaries, unlessthe husband had authorized the wife to enter into such contracts. A late English decision requires proof of authorization by the husband of the wife as his agent to make such engagements, before the husband can be held legally liable.
Mr. Menzies--From the difference of opinion already expressed this morning, it is made plain that there is grave doubt about the effect of the bill were it passed into a law. At this time he page: 66[View Page 66] was no prepared to give this bill any support. In its present shape it looks like a bill in the interest of the legal profession.
Mr. Woods at first blush was of opinion that this bill, if passed, would produce 10,000 lawsuits in this State, if not an equal number of divorces. It proposes to strike down every law passed on this subject since the organization of the State. While always in favor of enlarging the rights of married women, he would not favor a bill nullifying all previous acts concerning married women, including all provisions heretofore enacted for their protection. Proper barriers ought to be placed about such legislation,in order that proper domestic relations may be maintained between husband and wife.
Mr. Henry favored a reference of this bill to some Committee which would give it care consideration. He cited one provision in this bill which would prove perfectly useless. The time has come when we should go back to the former status of married women, or wipe out every distinction so far as the rights of married women are concerned under the law. He would put man and wife upon the very same level before the law, as if they did not sustain to each other the relations of man and wife. He opposed removing from the husband his legal liability for the support of his wife and of his family.
Mr. Comstock felt no more interest in the fate of this bill than in any other which he heartily favored. About its importance there can be no question. Whatever the disabilities of coverture are,they are proposed to be removed by this bill. The question as to what the disabilities really are can be determined by the Courts,and the question for the Senate to consider is: Shall the disabilities of married women be removed, with the single exception mentioned in the bill? He did not believe that the marriage relations existing between husband and wife at all impairs the wife's intellectual faculties, but that she is as capable after marriage as before to manage her own property and act for herself. He would be glad to see the bill referred to a Committee which would give it a full and fair consideration, and was gratified to hear the expressions of opinion in reference to it already made by Senators on this floor this morning.
On motion by Mr. Bell, the bill was referred to a Special Committee of five, who the Lieutenant Governor makes to consist of Messrs. Bell, Grubbs, Viehe, Wilson and Spann.
The Senate then took a recess for dinner.
AFTERNOON SESSION.
A number of petitions were presented for the submission of Constitutional Amendments to a vote of the people, as to whether the right of suffrage shall be extended to women, and whether traffic in intoxicating liquors shall be prohibited.
Mr. Wilson offered a resolution, which was adopted, requiring the Committee on Claims to inquire into the expediency of creating a State Board of Claims, composed of the Auditor, Treasurer aid Secretary of State, to hear and determine all claims against the State, with the right of appeal to the Courts.
NEW PROPOSITIONS
The following described bills were introduced, read the first time and severally referred to appropriate Committee:
By Mr. Major [S. 126]: To amend Section 1 of the redemption of real property act of June 4, 1861.[May redeem by paying 6 per cent. interest within one year.]
Mr. Marvin [S. 127]: To amend Section 26 of the common school law, approved March 26, 1875. [It places the power of choosing a teacher in the hands of the people of each School District.]
By Mr. Poindexter [S. 128]: Concerning in toxicating liquors. [Must procure $100 license from County Commissioners after notice by publication in paper; give $2,000 bond.]
By Mr. Ristine [S. 129]: To amend Section 10 of the Justices' act of May 29, 1852. [Authorizing Justices to imprison for non-payment of costs in State prosecutions.]
By Mr. Spann [S. 130]: To provide for the care and support of pauper children more effectually. [County Commissioners authorized to place under care of matron all sound minded pauper children between the ages of two and sixteen, outside of County Asylum, twenty children to each matron, at a cost not to exceed 30 cents per capita per day for food and clothing.
By Mr. Wilson [S. 131]: To amend Section 13 the State or County line bridge or road corporation law, approved March 2, 1855, so as to allow cities to indorse and guarantee the payment of bonds issued by any such Bridge or Road Company.
By Mr. Wood [S. 132}: To appropriate $6,000 to remove a sand bar in the Calumet River, at the mouth of the State ditch, in Lake County, Indiana or cut a new channel for said river around said bar,
By Mr. Yancy [8. 133]: To amend Sections 1, 10 and 16 of the act of June 9, 1862, in relation to the duties and qualifications of Justices of the Peace. [One Justice for each Township, one additional for each town, two additional for each city exclusive jurisdiction in penal offenses in sum of $25, and concurred jurisdiction with Circuit Courts to $500.)
By Mr. Bell [S. 134): Concerning married women. [Shall have power to sue and be sued the same as unmarried, but shall not bind her real estate without her husband's consent.]
By Mr. Briscoe [S. 130]: Legalizing proceedings of County Boards in reference to the drainage of wet lands.
By Mr. Bundy [S. 136]: Prescribing certain duties of Railroad Companies, requiring such Railroad Companies to sound a whistle and ring a bell at the crossings of turnpikes and other public highways.
By Mr. Coffey [S. 137]: To amend Section 531 of the General Practice Act of June 18, 1852. [Every recognizance shall bind the real estate of the obligors, both principal and security, from the time it is taken and recorded.]
By Mr. Davis [S. 138]: To amend Section 15 of the act regulating general elections. [Polls may be opened between 5 and 6 o'clock a. m. and kept open not later than 8 p. m.]
By Mr. Foster [S. 139]: Amending Section 1 of the supervision of highway act approved 18, 1879. [Allowing supervisors $1.50 a day.]
By Mr. Hostetler [S. 140]: Making it unlawful for any salon to permit the use of any billiard or pool table, or cards, or other games of chance where any spirituous liquors are sold or offered for sale.
By Mr. Kramer [S. 141]: To amend Section 2 of an act supplemental to the act of December 21, 1872, concerning assessment of property, approved March 2, 1879. [Concerning delinquent taxes and the penalties thereon.]
On motion by Mr. Brown, the appointments sent by Governor Gray to the Senate for confirmation were referred to the Standing Committee on Executive Appointments.
The bill [H. R. 27] providing for the submission of legal questions by ta General Assembly or either House thereof. to the Supreme Court for its decision, coming up under the order of messages from the House of Representatives and being read for the first time, it was referred to the Judiciary Committee.
The joint resolution [H. R. 1] in regard to the reconstruction by the United States Government of the Wabash and Erie Canal was also read the first time and referred to the Committee on Canals and Internal Improvements.
The following described joint resolutions and bills, coming up in regular order, were read the second time, ordered engrossed and severally passed to the third reading:
page: 67[View Page 67]The joint resolution [S. 9] in relation to contagious diseases of domestic animals.
Mr. Leeper's bill [S. 10] authorizing County Commissioners to convey cemeteries and provide for their management.
Mr. Comstock's bill [S. 39] authorizing County Commissioners to establish and maintain County Asylums for Indigent Children.
Mr. Kramer's bill [S. 86] appropriating moneys to pay members of the Indian Legion.
On motion by Mr. Chapman, the bill was amended by providing that no officer shall receive any fee for services performed under this act.
And then the Senate adjourned0.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 20-10 a. m.The House was called to order and prayer offered by Rev. J. K. Pye, of M. E. Church of this city.
The reading of the journal of yesterday's proceedings was commenced and proceeded with, until--
On motion, the further reading was dispensed with.
On motion by Mr. Fall, the bill [S. 106] to confirm the conveyance of certain lands by the Commissioners of Wabash County was read the first time.
Mr. Fall moved that the Constitutional rule be suspended, that the bill may be pressed to the first vote, which was agreed to, by yeas, 82; nays 6, and the bill was read the second time by sections, and finally passed, by yeas, 91; nays, 1.
Mr. Neff, by leave, submitted a report from a majority of the Judiciary Committee on the bill [H. R. 3] concerning interest and usury, with a recommendation that it lie on the table, he stating the objectionable feature to be that it allows only 6 per cent interest, where, under existing laws 8 per cent can be collected.
Mr. Buskirk submitted a minority report from the same Committee, recommending the passage of the bill. He stated his impression, if the bill should become a law, that Eastern capitalists would withdraw their moneys from the State, which would be a blessing to her people.
The minority report was concurred in--yeas, 59; nays, 32.
Mr. Huston thought the people would be seriously affected by the passage of this bill, and opposed a 6 per cent. interest law, not because it would be detrimental to the banker and money lender, but because it would injure the general business interest of the whole State, because it would drive from the State all foreign money. He moved that the bill be recommended to the Committee for further consideration.
Mr. Moody stated that there were thousands of dollars in this country owned by farmers who were willing to loan it out at that rate of interest named in the bill because there was not a farmer in the Northern half of the State who can possibly realize 3 per cent. out of the money invested in his farm. The withdrawal of Eastern capital would cause people to pay as they go, and not incumber themselves by mortgaging their property therefore he favored the passage of the bill.
Mr. Berryman did not believe in an attempt to regulate interest by legislation.
Money like other things, is governed by the law of supply and demand, and the law can not compel a man to loan his money at a certain rate of interest. We might just as well try a legislate the Democratic party into Heaven as to fix by legislation the rate of interest at which a man shall loan his money. He thought the man who has money has the same right to fix the rate of interest at which he will loan it, as the man owning corn has to set the price at which he will sell it. Experience teaches that it is dangerous to legislate on this question.
Mr. Carter thought the interest bill ought to be further considered by the Committee, and favoured its recommittal.
The motion to recommit was agreed to by ayes, 57; nays, 36.
Pending the roll call Mr. Hammond, when his name was called; thought hasty legislation on the matter of importance was dangerous; therefore,voted "aye."
Mr. Kenner, when his name was called, was in favor of this motion, and thought the bill could be fully discussed upon its merits on the third reading; and therefor voted "aye."
Mr. Kenner moved to suspend the Constitutional rule, that the bill [H. R. 16] be read the second time by title, be considered engrossed, read the third time and put upon its passage.
Pending which came time for dinner.
AFTERNOON SESSION.
The pending motion was agreed to-yeas, 64; nays, 21, and the bill, [HI R. 16]: To provide for a re-submission of the Constitutional Amendments proposed by the last General Assembly to the people of the State for ratification, was read the second time by title only; the third time by sections and finally passed--yeas, 74; nays, 23.
Pending the roll-call--
Mr. Buskirk, when his name was called, said: "He was opposed to the amendments as proposed for ratification by the people, and for another reason, that the matter had once before been submitted to the people, and rejected by them, he would vote no."
Mr. Cole in explanation of his vote, said that although some of the amendments did not meet his entire approbation, he could see no harm to the submission of them again to the people, therefore he voted "No."
Mr. Moody, when his name was called said he favored some of these proposed Constitutional Amendments and opposed some, but inasmuch as they have once been submitted to the people and believing that there is no Constitutional authority to re-submit them, he would vote "No."
Mr. Neff, in explanation of his vote, said that after these proposed amendments were submitted to the people and overruled, he did not consider it our duty to submit them again. Therefore, he voted "aye."
So the bill passed.
Mr. Floyd offered a resolution, which was adopted, requesting the Committee on Revision to report as soon as possible the bills in its possession.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and passed to the reading:
By Mr. Vawter [H. R, 142]: Authorizing the sale and conveyance of certain lands in Jennings County belonging to the State of Indiana.
Also [H. R. 143]: To make the Township Trustee of each Township Superintendent of Highways and Roads.
By Mr. Kain [H. R. 144]: Legalizing the collection of delinquent taxes by the sale real estate, where the officers have omitted to assess the tax, etc.
Mr. McIntosh offered a resolution declaring it the opinion of this House that no enumeration of the white male inhabitants of the State over the age of twenty-one years can be made until six years after the last enumeration, etc.
On motion it was laid on the table by yeas, 51; nays, 36.
By Mr. O'Brien [H. R. 145]: To amend Sections 1 and 2 of the act supplementary to the Assessment of Property Act, approved December 21, 1852 and providing for fixing the rate to be allowed for the annual publication of the delinquent list.
Also, [H. R. 146]: To amend Sections 197, 204, page: 68[View Page 68] 228, 230 and 281 of the Uniform Assessment of Property Act.
By Mr. Taylor, of the Lagrange [H. R. 147]: To enable owners of wet land to drain and reclaim the same when it can not be done without affecting the land of others and provide for the repair and enlargement of such drains.
By Mr Pancher [H. R. 148]: in relation to the construction of fences, gates, crossings and cattleguards on railroads within this State. (Unless Railroads Companies properly construct such guards, they shall be liable for the damage done to the stock thereon.)
The House then adjourned.
