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.
