THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, January 21, 1881--10 a. m.Mr. YANCEY presented a petition from Mrs. Zelda Wallace (widow of ex-Governor David Wallace), and many citizens of Indianapolis, praying for the submission to the voters of Indiana, for their ratification, a Constitutional Amendment extending the elective franchise equally to all citizens of the State, irrespective of sex. On his motion, it was referred to a Select Committee of five, which the Lieutenant Governor made to consist of Messrs. Yancy, Wilson, Brown, Spann and Foster.
Chairmen of Committees composing the second group, reported the appointment of W. A. Brown as Clerk. Subsequently Luke H. Ungley was announced as clerk to the Committee on Revision of Laws.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees:
By Mr. MOCARTNEY [S. 142]: To amend Section 3 of the act regulating the adoption of heirs.
By Mr. RAHM [S. 143]: To amend Sections 197, 204, 229 ,230 and 281 of the uniform property assessment act of December 21, 1872.
By Mr. SHAFFER [S. 144]: To provide homes for soldiers' and seamens' orphans and other necessitous children, under thirteen years of age.
By Mr. SPANN [S. 145]: To provide for fencing railroads within this State and to enforce the building of the same[within thirty days after due notice.]
By Mr. VAN VORHIS [S. 146[: To amend sections 1 of an act supplemental to the voluntary association act approved February 12, 1855, providing that Boards of Commissioners shall care for orphan Children.
By Mr. WILSON [S. 147]: Empowering the Governor to fill by appointment all offices that have been heretofore filled by election of persons thereto by General Assembly. [The Governor is not to look to political sentiments or affiliations in his selection.]
By Mr. WOOD [S. 148]: Concerning judgements and the collections thereof. [Judgements shall be rendered and collected without relief from valuation and appraisement laws.]
By Mr. LANGDON, by request [S. 149]: To amend SEction 28 of an act for the organization of Savings Banks, approved May 12, 1869.
By Mr. COFFEY [S. 150]: Supplemental to the act requiring surviving partners to file inventories and appraisement, give bonds, etc., approved March 5, 1859.
By Mr. HENRY [S. 151]: To amend Section 7 of the act providing for the incorporation of Building and Loan Associations so that the loan may be repaid at any time.
Mr. Brown's bill [S.44] concerning contempts of Court, being read the second time, with a Committee report thereon favoring passage--
Mr. LANGDON moved the reference of the bill and report to the Committee on Revision of Laws.
Mr. BROWN resisted this motion, for fear if it should prevail the remedy proposed in the bill for an existing evil in legal practice may be lost. There is a very great necessity for this amendment.
Mr. GRUBBS--If all legislation proposed during this session of the General Assembly must go to the Committee on Revision, all we can do will be to make recommendations to that Committee, and pass upon its work finally. It seems an important matter for us to determine, and there should be some line of action determined on as to the plan to be pursued in legislation during this session.
Mr. BELL saw no other way than to go straight ahead, and when the codification shall be finally passed upon enact a clause that all existing laws in conflict therewith are repealed.
Mr. LANGDON--The work of the revision of the laws of this State will be the great work of this session. This motion brings into prominence an important question that should be decided. When a bills first read, if its subject matter is in relation to an old matter in legislation, it would expedite business to send it at once to the Committee on Revision of the Cod: but if the bill is in relation to new matter, it could be safely legislated on without that reference. There is as much work as usual for the Standing Committees of the Senate, because they should prove adjusts to this Committee on Revision.
Mr. HEFRON considered it evident that a grea page: 70[View Page 70] of work must be done by the Commission for the Revision, and the Senate should render all aid possible in this Chamber by discussion and careful consideration, there being ample time to get the opinion of every Senator on the floor on every important question. When that Commission makes its report it will be subject to revision, and it will be the duty of the Senate to carefully and deliberately scrutinize it.
Mr. GARRIGUS remembered that in 1852, when the laws were last revised the Legislature sat six months, and as the code is much longer now, unless the Commission can work faster, it can not report till the Constitutional term of the session shall have passed, and certainly the Senate and House should assist the Revision Commission as much as possible. There ought to be some system adopted and worked up to, so that some headway can be made before our sixty-one days are up. For instance, let what works that Committee has perfected be printed and distributed to the appropriate Committees for their consideration. He opposed referring bills to the Committee on Revision, because it has more work before it now than it can possibly do, and do well in the short time remaining of this session.
Mr. COMSTOCK, in this particular instance opposed the motion to refer the Revision Committee, because this bill as already received careful consideration by the Judiciary Committee.
Mr. BUNDY regarded this as unquestionably an important bill. It has been reported upon favorably by the Judiciary Committee,and he hoped it would pass, and then that the Revision Committee would incorporate it in their report.
On motion by Mr. FOSTER, it was ordered that debate on this subject do now cease.
On motion by Mr. BROWN, the motion to recommit was laid on the table.
The Committee report was concurred in and the bill ordered engrossed for the third reading.
AFTERNOON SESSION.
On motion by Mr. BROWN, the bill [H.R. 16] to provide for re-submission to the people of the Constitutional Amendment proposed for ratification by the last General Assembly, was made the special order for Tuesday next at 2:05 o'clock p.m.
Mr. BRISCOE explained that this bill makes no change in existing laws. The trouble in his County is that reports made by Reviewers were not correctly transcribed in the Recorder's office. There are nineteen ditches, one twenty miles long, now under construction, and large amounts of money have been paid out under assessments in Wells, Jay and Grant Counties, and if some relief of this kind is not given, all moneys paid on assessments can be recovered from the County Commissioners. He asked favorable consideration of this bill, as it is of importance to a number of Counties now and may be to more hereafter.
Mr. HENRY did not read the bill as simply a legalizing bill, though it might seem so from the reading of a portion of the preamble. It allows Boards of County Commissioners to enter a record they never made, and in the future, if this bill pass, they may afterward proceed to make legal an illegal act. Such a bill would but encourage negligence on the part of County Boards.
Mr. FOSTER did not want this bill to go beyond what its friends are trying to cure.
Mr. URMSTON was satisfied the bill was more retroactive than prospective in its nature. He desired to see eliminated all that part prospective in character and then let the bill be limited in its effect to the County of Blackford alone. He opposed placing a premium upon negligence or ignorance, as this bill in its present shape would.
Mr. FOSTER moved that the bill be referred to a Special Committee of three, of which Mr. Briscoe shall be Chairmen, with instructions to amend so the bill shall be a legalizing act for Counties affected.
Mr. WOOD explained the necessity for some such a measure as proposed in this bill.
Mr. WILSON understands that in some of these Counties certain parties have gone to work, and for the purpose of draining their own land, have gotten up organizations, seeking to collect assessments from owners of lands not benefited at all. And they have been so anxious to swindle those not benefited by their work, that they have proceeded contrary to law; and now they seek to get a law passed that will enable them to collect taxes from men not benefited one cent. It is quite likely every one benefited will pay just assessments, and only those who are not benefited will resist.
Mr. SPANN knew of large amounts of money being expended in his County in this direction, and of some lawsuits now pending where resistance is being made by parties assessed for benefits. If Senators want to make the bill local, he would favor it, but would not vote for an act legalizing omissions of men, where they have not proceeded according to law.
Mr. FOSTER objected to sitting in judgment here over County Commissioners, because they have gone along down the line, as a rule, and know better about such matters than Senators on this floor.
Mr. BRISCOE--Because of the blunder of the Commissioners of his County in transcribing the report of the viewers incorrectly, even men benefited by those ditches are saying they will not pay a continental cent. These improvements have been conducive to the public health, and it is now desired to make that nunc pro tunc record legal. Over $600,000 have been expended by the little County of Backford, which is largely composed of wet soil, and some men there are suffering almost for the necessaries of life because Courts will not enforce the collection of those assessments.
Mr. GRAHAM could not see where anyone can be wronged by such a legalizing act as is desired by the Senator from Blackford (Mr. Briscoe). He favored the motion to recommit.
Mr. URMSTON could not vote for a bill of this character, general in its nature, but if a curative act for the Senator's District can be properly framed, it would receive his support.
Mr. KRAMER thought, in justice to the author and the people he represents, the bill should be referred as proposed, and then amended so as to affect the Counties in the District represented by the author. As he understood it, the word "utility" was the only one omitted in the making up of the record, and simple justice requires that the men who did the work on these ditches should receive their pay.
The motion to refer was agreed to.
Mr. Leeper's bill [S. 10] to empower County Commissioners to convey cemeteries coming up in regular order, it was read the third time, and passed by yeas, 34; nays, 0.
Mr. Kramer's bill [S. 86] appropriating $16,990.71 to pay minute men, home guards an Members of the Indiana Legion who served under orders of the Governor, was read the third time.
Mr. K. explained the provisions of this measure.
Mr. YANCEY opposed the bill. The Government of the United States always pays its soldiers; and if $16,000 were due to these men it seems likely the Government would have paid it long ago. The bill seems to take on the color of the Morgan raid bill. Can it be possible that these men, knowing the Government was indebted to them, have not long since proved their claims and obtain their money?
Mr. BELL at first felt somewhat as the Senator who has just taken his seat, but upon investigation, he now regards the bill as proposing a simple act of justice, and as a measure well guarded. This money does not belong to the State, and he now saw no objection to the bill.
Mr. SPANN favored the passage of the bill, for page: 71[View Page 71] the reason he believed in paying every man the last cent and the last dollar due for services rendered during the late war, and for the additional reason that the most of this service was rendered on the southern border of the State, and these men were engaged in protecting a portion of the State which usually sends up a large Democratic majority.
Mr. VAN VORHIS also favored the bill, as he understood these claims were on file and well authenticated.
The bill then passed by yeas 33; nays, 3.
Mr. BRISCOE, from the Joint Committee appointed to prepare memorial resolutions on the death of the late Governor James D. Williams, submitted a report, which was made the special order for Friday next,at 2 o'clock p. m.
Mr. Lokridge's joint resolution [S. 9] in relation to contagious diseases of domestic animals coming up, it was read the third time and passed by yeas 35; nays, 0.
The Senate adjourned till 2 p. m. Monday.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 21, 1881-10 a. m.The Speaker called the House to order and announced that the proceedings this morning would be opened by prayer by Rev. J. B. Logan, of the Seventh Presbyterian Church of this city.
The reading the Journal was ordered and read until,
On motion of Mr. Buskirk, the further reading was discontinued.
NEW PROPOSITIONS.
The following described bill for acts were introduced, read the first time and passed to the second reading:
By Mr. FALL [H. R. 149]: Providing for the listing for taxation of mortgages and judgments on foreclosures of mortgages.
By Mr. FANCHER [H. R. 150]: To amend Sections 15, 16 and 17 of an act concerning inclosures, trespassing animals, and partition fences, approved June 4, 1852. [Fences shall be such as to restrain sheep, unless the parties agree to build a fence to restrain horses, mules and cattle only.]
By Mr. DAVIS [H. R. 151]: To make the Township Trustee of each Township Superintendent of roads and Highways in his Township, etc. It shall be the Trustee's duty to take charge of highways and bridges and keep them in good repair; to execute the orders of the County Commissioners; to build roads in his Township, and assess every able-bodied man over the age of twenty-one and under fifty years of age a sum not to exceed two dollars.
By Mr. FRAZIER [H. R. 152]: Legalizing the collection of delinquent taxes upon real estate where the officers have omitted to assess.
By Mr. EDWINS [H. R. 153]: To authorize County Commissioners to take charge of the public highways the County Surveyor to perform the duty of County Engineer and provide for a State Surveyor General to lay out public highways, etc. [The County Commissioners to have complete control of the roads of their respective Counties, to have Surveyor to make specifications and estimates of roads and extensions thereof.]
Mr. EDWINS moved to suspend the Constitutional rule that his bill may be read the second time by title only, and referred to the Committee on roads, which motion was agreed to--yeas, 56; nays, 49.
By Mr. COTTON [H. R. 154]: To amend Section 4 of the act to regulate the indebtedness of Counties having a voting population of over 20,000, as shown by the votes cast for Governor at the last election, authorizing the funding indebtedness of such Counties; limiting the amount of taxes that may be levied by the County Commissioners etc. [The amount of taxes levied is not allowed to exceed 3 per cent.]
By Mr. FURNACE [H. R. 155], concerning licensing of exhibitions, caravans, menageries, circuses, poppet shows and theatrical performances in connection with saloons, and providing for the collection and payment of funds to the Agricultural Society therein named. (The amount to be taxed for this purpose shall be not more than one dollar, and not to exceed twenty-five dollars).
By Mr. McSHEEHY [H. R. 156]: To provide for electing Elector for President and Vice President of the United States. (The qualified electors of the State shall on the Tuesday following the first monday In February, 1884, and every four years thereafter, vote for a President and Vice President of the Unite States, which election shall be governed by the laws governing general elections. The County Clerk is authorized to transmit the votes to the Secretary of State through the Postoffice, taking receipt from the Postmaster and making affidavit to that effect.)
By Mr. BERRYMAN [H. R. 157]: To repeal Section 10 of the act concerning married women, approved March 25, 1879.
By Mr. CARTER [H. R. 158]: Proscribing the terms and conditions upon which actions may be had and maintained against cities organized under the laws of this State for injuries or damages caused by defects or obstructions in public bridges, streets or allies of said cites, ect. [A sworn affidavit must be made and filed with city or County Clerk, specifying injuries received, within fifteen days after such accident.]
By Mr. BUSKIRK [H. R. 159]: To amend Section 1,of an act proscribing powers and duties of Justices of the Peace in State prosecutions, approved May 29, 1852.
By Mr. BUSKIRK [H. R. 160]: Defining the jurisdiction of Grand Juries Courts. [Grand Juries may take cognizance of all felonies except such as come under the jurisdiction of Justices of the Peace.]
By Mr. WILSON [H.R. 161]: To establish a Superior Court in the County of Montgomery, defining its jurisdiction and providing for the election of a Judge and compensation thereof.
By Mr. BUSKIRK [H. R. 162]: To amend Sections 3 and 9 of an act providing for the protection of wild game, and defining the time and manner within which the same maybe taken, killed, sold, or otherwise disposed of.
By Mr. WILSON [H. R. 163]: To amend Section 1 of the act proscribing the powers and duties of the Auditor of State, approved May 27, 1852.
By Mr. TAYLOR of LaGrange [H. R. 164]: Providing for the application of surplus and special school revenues for the payment of tuitions in certain cases; also [H. R. 165:] Legalizing the collection of delinquent taxes.
By Mr. SCHWEITZER [H. R. 166]: For the suppression of prostitution, defining misdemeanors, etc.
By Mr. SKINNER [H. R. 167]: To amend the first section of an act providing for protection of wild game, and defining time in which the same may be killed, etc.
By Mr. IDDINGS [H. R. 168]: To amend Section 12 of the drainage and reclamation of wet land act, approved March 9, 1875. [The Auditor shall not let out any portion above till the portion below shall be finished in such a manner as to draw water.]
By Mr. HAMMOND [H. R. 169]: To transfer the issuance of marriage licenses from County Clerks to County Recorders.
By Mr. GILLAM [H. R. 170]: Adding a provisional clause to Section 27 of the act defining felonies, approved June 10, 1852.
Mr. CAUTHORNE, by consent, from the Special Committee thereon, reported memorial resolutions concerning the death of the late Governor James D. Williams, which were made the special order for Friday next, at 2 o'clock p. m.
The report was concurred in.
The Speaker appointed a Committee on Public page: 72[View Page 72] Health and Vital Statistics, viz : Messrs. Melrath, Bartlett, Gardner, McDonald and McClure.
AFTERNOON SESSION.
By Mr. MILES [H. R. 171]: To amend Sections 76 and 117 of an act for the settlement of decedents' estates, approved June 17,1872.
By Mr. MILES [H. R.172]: To require Railroads Companies to cause the destruction of Canada thistles and other noxious weeds on the line of their roads.
By Mr. LINDSAY [H. R. 173]: To regulate the construction and repair of partition fences.
By Mr. MURRAY [H. R. 174]: To amend an act providing for the inspection of petroleum oils for illumination purposes. [The State Inspection or inspect the necessary number of assistants.]
By Mr. GIBSON [H. R. 175]:To authorize Auditor ot State to sell certain real estate.
By Mr. MURRAY [H. R. 176]: To legalize the levy and sale of right of franchise of a Turnpike Company.
By Mr. BENHAM [H. R. 177]: To amend Section 2 of the County Auditor's act approved May 31, 1852. [In relation to approval of his bond.]
Mr. ROBINSON offered a concurrent resolution that Indiana Congressman be requested to use their influence for the passage of a law for the pensioning of soldiers of the Mexican War who have accepted in good faith the results of the rebellion and whose disabilities have been removed by act of Congress.
The resolution was adopted by yeas, 80; nays, 1.
Pending the roll call--
Mr. EDWINS, when his name was called,said a similar resolution was introduced hertofore by the gentleman from Owen, [Mr. Schweitzer ] on the Democratic side, and we voted for it, but it was laid on the table. He held it was not order to adopt this one on the table vote on it.
The result was then announced as above.
By Mr. SMELSER [H. R. 178]: To amend Sections 2, 3, 4, 5, 8 and 10 of the Common School law. [County Commissioners shall appoint ever two years a County Superintendent of Schools, who is prohibited from having any connection with the purchase of school furniture or books]
By Mr. BEATTY [H. R. 179]: To amend Sections 197, 204, 229 and 231 of the uniform property assessment act approved December 21, 1872.
By Mr. BEATTY [H. R. 180]: To amend Section 182 of the act supplementary to the act for uniform assessment of property, approved December 21, 1872, approved March 21, 1879.
By Mr. BEATTY [H. R. 181]: Legalizing the collection of delinquent taxes by the sale of real estate.
By Mr BEATTY [HR. 182]: To amend the act concerning married women. Shall be subject to tax the same as is unmarried.
By Mr. ROBERTS [H. R. 183]: For fixing per diem and mileage of Members of the General Assembly. [To provide their own stationery and be paid $6 per day for actual attendance, and $5 for every fifty miles traveled.]
By Mr. AKIN [H. R. 184]: To amend an act legalizing an election in Sullivan town in 1880.
By Mr. WESTFALL [ H. R. 185]: To amend Section 1 of an amendatory act to the uniform property amendment act concerning the publication of the delinquent tax list.
Also [H. R. 185]: To amend Sections 107, 204, 229, 230 and 281 of the uniform amendment property act of December 21, 1872.
By Mr. MORGAN [H. R. 187]: For the relief of Louis C. Colger.
By MR. MITCHELL [H. R. 188]: To abolish the office of Supervisor of Highways, conferring his duties upon Township trustees.
Mr. MITCHELL offered a resolution directing the Judiciary Committee to report a bill to diminish the Judicial Circuit of the State at least one-fourth.
It was adopted--Yeas 74; nays 3.
By Mr. MEREDITH [H. R. 189]: To establish a State Female Hospital.
The House adjourned till 10 o'clock to-morrow.
