THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, Jan. 24, 1881-2 P. M.The Senate met pursuant to adjournment, Lieutenant Governor Thomas Hanna, of Allen County, in the Chair, who desired the attention th Senate while Rev. J. B. Baltzley, D. D., offered prayers.
After that formality, the reading of the Sectary's minutes of Friday's proceedings was commenced and pursued until--
On motion by Mr. MENZIES, the further reading thereof was dispensed with.
Petitions were introduced by Messrs. Garrigus, Briscoe, Henry, Bundy, 8; Shaffer, Langdon, Benz, Chapman, Bell and Foster, 2, which were severally referred to the Committee on Education without reading; by Mr. Kahlo, to the Banks Committee; by Mr. Ristine,to the Temperance Committee, and by Mr. Hutchinson, to the Committee on County and Township Business. Mr. Voyles presented a remonstrance from the Bar at Salem against the passage of the bill S. 61, fixing their Court terms.
The LIEUTENANT GOVERNOR laid before the Senate the following communication from the Governor:
EXECUTIVE DEPARTMENT, INDIANAPOLIS, Ind., January 24, 1881.
Gentlemen of the Senate:
I have the honor to inclose to you a copy of a letter , dated the 12th inst., received by me from of Professor J. L. Campbell, Acting Assistant of the United States Coast and Geodetic Survey, which I deem of sufficient importance to transmit to you.
I wish particularly to direct your attention to a paragraph in which the writer states that, in making his observations for the highest points for the location of the observing stations in Indiana, he was impressed with the fact of the general eleyation of the flat or swamp lands of the State as compared with the present channels of main water courses and the entire feasibility draining these lands as proposed in the inaugural message which I had the honor to deliver to the General Assembly.
I desire also to invite your attention to a request contained in the closing paragraph of said letter, in which the writer states that as a portion of the geodetic survey by the General Government is within our own State, he respectfully asks from myself, or, if I shall deem best, from the Legislature a suitable expression of interests in its prosecution.
The prosecution of this survey is of so great importance to the State that it seems to memos fit that an expression of interest therein should be made by the Legislature.
The practicability of draining that portion of our swamp lands which can not be successfully drained under the provisions of existing laws, being confirmed by the observations of a gentleman so distinguished in his profession as the writer of said letter, I beg to invite your consideration anew, to the suggestions contained in said message with respect to those lands.
A. G. PORTER.
Mr. LANGDON moved to refer the communication to the Committee on Swamp Lands, with instructions to inquire what, if any, other surveys have been made of the Kankakee Valley, and report, together with such other facts as they may deem proper.
Mr. BELL moved further instructions (accepted by Mr. Langdon) to inquire what,if any, similar surveys have been made by the General Government of any portion of Indiana., He had information that in1834avery complete survey was made by the General Government, a copy of which may be found on file in the office of the Secretary of State.
The motion to refer with the above instructions was agreed to.
Mr. LANGDON offered the following:
Whereas The management of the Prisons North and South, under he present system of double Boards of Directors, has given rise to unnecessary trouble, litigation and inefficiency; and
Whereas, It is believed that the State Prisons can be conducted more economically and better under the supervision of one Board, a proper revision of the laws concerning Prisons; and
Whereas, Legislation having a view to the consolidation of the management of Prisons, and other means to effect needed reforms, is now pending;
Resolved, That the Senate is in favor of a reconstruction of the present Prison system, and a consolidation of the management there of at the earliest practicable day.
Resolved, That it is not expedient to elect Prison Directors until some definite action has been had by the General Assembly on the subject of Prison reform.
On motion by Mr. BELL-yeas, 26; nays, 10-it page: 76[View Page 76] was referred to the Committee on State Prisons.
NEW PROPOSITION8.
The following described bills were read the first time, and severally referred to Appropriate committees, except those reported from the Joint Committees on Revision of the Laws:
By Mr. LANGDON, from the Joint committee on Revision of Laws [S. 152]: Concerning contempts of courts.
By Mr. VIEHE, from the same [S. 153] To amend Section 1 of an act amendatory and supplementary to the act providing for voluntary assignment of personal and real property for the benefit of creditors, and regulating the mode of administering the same, approved March 5, 1859; approved February1 , 1875.
By Mr. VIEHE, from the same [S.154]: To amend Section 3 of an act to provide for the more speedy trial of causes, and faciliate the transaction of business in Courts, etc.
By Mr. MENZIES, from the same, [S. 155]: Concerning Circuit Courts.
By Mr. MENZIES, from the same [S. 156]: To amend an act concerning the partiton of land, approved May 20, 1852.
By Mr. LANGDON, from the same [S. 157]: To amend an act to amend section 4 of an act touching the relation of guardian and ward, approved June 9, 1852 ; approved January 22, 1857.
By Mr. LANGDON, from the same committee [S. 158] Authorizing the Board of Revision to employ a clerk.
By Mr MENZIES [S. 159]: To amend Section 1 of an act regulating foreign Insurance Companies doing business in this State, approved December 21, 1865, and adding supplementary sections, approved March 3, 1877. [It stops the advertising in the daily newspapers.]
By Mr. URMSTON [S. 160]: To Amend Section 1 of the act for the appointment of Notaries Public.
By Mr. SPANN [S. 161]: Authorizing the appointment of short-hand reporters in certain Courts in this State (in Counties casting over 6,000 votes).
By Mr. VAN VORHIS [S. 162]: To amend Sections 3 of the act concerning the incorporation of voluntary Associations.
By Mr. VOYLES [S. 163]: To amend Section 2 of the misdemeanor act, approved December 2, 1865, commonly known as the "provoke law."
By Mr. CHAPMAN, [S. 164]: To amend Sections 6 and 16 of an act of February 8, 1836, incorporating the Indianapolis Insurance Company.
By Mr. GARRIGUS [S. 165]: To legalized the incorporation of the Kokomo and Greentown Gravel Road Company.
By Mr. HUTCHINGSON [S. 166]: For the relief of a former Trustee of Cool Spring Township, Laporte County, and his sureties.
By Mr. KAHLO [S. 167]: to regulate the charges and fares that shall be charged by sleeping cars and coaches run in this State. (May charge one-half cent per mile in addition to regular fare.)
NUMBER AND PAY OF PAGES.
The LIEUTENANT GOVERNOR announced the consideration of the unfinished business pending at the time of the last adjournment- the question being on Mr. Brown's substitution (authorizing five pages for the Senate) for Mr. Grubbs' resolution fixing their pay.
Mr. CHAPMAN moved to amend the substitute by fixing the per diem at $2, requiring attendance of all every day except Sunday, and placing all under control of the Doorkeeper, except the President's page.
The LIEUTENANT GOVERNOR announced the amendment as agreed to; and the author of the substitute accepted it.
The LIEUTENANT GOVERNOR then announced the adoption of the substitute as amended; but was under stood to withdraw the announcement for--
Mr. LANGDON, who moved to reduce the number of pages to four.
Mr, BROWN moved to lay this motion on table.
The yeas and nays were demanded by Messrs. Foster and Garrigus, and being ordered and taken, resulted, yeas 16; nays 21; but this vote was not announced from the Chair, because after discussion of a point of order raised by Mr. Brown, the Chair declared the question to be on the original motion as amended by the substitute; which was agreed to by yeas 21; nays, 20--the Lieutenant Governor giving the casting vote.
Mr Menzies moved to reconsider the vote just taken, and to lay that motion on the table.
The latter motion was agreed to by a tie vote of the Senate, the Lieutenant Governor giving the casting vote again- yeas, 21; nays, 20.
Mr. Lockridge's bill [S. 11] to regulate recognizances and their continuances, coming up, the committee report recommending indefinite postponement was concurred in.
Mr. Graham's joint resolution [S. 2] requesting Indiana Congressmen to use their influence to procure the repeal of an act conferring special jurisdiction upon Circuit and District Courts of the United States of suits by and against National Banks resident of a State, without regard to the amount involved, was read the second time and ordered engrossed.
Mr. Wollen's bill [S. 23] to protect the elective franchise, was read the second time with a Committee report embracing amendments, which was concurred in, and the bill ordered engrossed for the third reading.
Mr. Van Vorhis' bill [S. 93] establishing a State Board of Health, was read a second time, a Committee report concurred in, and the bill made a special order for Wednesday next at 10:30 o'clock a. m.
Mr. Howard's bill [S. 122], providing for the partition of lands, setting off parts of and assigning dowers therein etc., was read the second time with a committee report recommending indefinite postponement, which report was concurred in.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
MONDAY, January 24, 1881--2 P. M.The session was opened with prayer by Rev. Mr. Hinkley, of the Swedenborgain Church of the city.
The journal of Saturday's proceedings was read and approved, after which--
The SPEAKER announced that the House would take up the matter under consideration at the time of the last adjournment, being the bill [S. 86] appropriating moneys due the members of the Indiana Legion and other Independent companies of Militia for services rendered under orders of the Governor during the Rebellion (that the sum of $16,990.71 be paid members of the Second, Fourth, Fifth and Ninth Regiments), which was read the first time and passed to the second reading on to-morrow.
Mr. CAUTHORNE offered the following resolution, which was referred to the Committee on Claims: That the Speaker be directed to draw his warrant in favor of Hamilton C. Hammond, for the sum of ---- dollars, or so much money as may have been expended by him to carry on the contest for the seat in this House, for the counties of Crawford and Orange.
Mr. RYAN, by leave from the Committee on Revision, reported a bill [H. R. 191] to amend Section 120 of the act concerning Justices of the Peace, their general jurisdiction and mode of proceeding, etc. approved June 9, 1852, recommending its passage.
Mr. CAUTHORNE moved that the report be concurred in.
Mr. KENNER thought it was out of order to take up the bill at this stage of procedure.
Mr. CAUTHORNE favored the concurrence of page: 77[View Page 77] the House with the report of said Committee, and thought it well for the House to rely upon the judgment of such men as are on that Committee, and he could see no harm to come from concurring in the report.
Mr. KENNER said he had unbounded confidence in the Committee's ability, but could not see how the Committee could report a bill to the House that had never been in the House. The House has never had control of this bill.
Mr. CAUTHORNE thought the gentleman before him did not understand him. The bill goes before the House just precisely as any bill reported by any Committee to the House. The Committee recommends the passage of a bill and it is read the first time. It is read for the information of the House and no more, and if it goes any further, it must be done by the suspension of the rules of the House. On tomorrow, this bill may be read the second time, then it is ready for amendment, commitment or engrossment.
Mr. NEFF thought it well to take a little time consider these questions. Every man in the House considered his personal and individual responsibilities. There are some 7,000 sections to be presented to this Committee for revision during this session. It proposes to examine laws which have been amended, and also new bills as introduced here. Would it not be better and proper, as fast at the Committee examines the bills which are presented to them, to report the same to the House or Senate? What else could the Committee do? The Committee accompany these bills with recommendations which state the facts and send them to the House for their adoption or rejection. If anybody is desirous to criticise them, it can be done in the proper time, and they can be amended after the second reading.
The motion was agreed to.
NEW PROPOSITIONS.
The following-described bills were read the first time and severally passed to the second reading:
By Mr. KERR, from the Joint Committee on the Revision of Laws [H. R. 192]: To amend Section 8 of an act concerning Justices of the Peace, their general jurisdiction and mode of proceeding, approved June 9,'52--bond to be not less than $2,000 nor more than $6,000, for the faithful discharge of duties and payment of all moneys that come into his hands.
By Mr. GIBSON, from the Joint Committee Revision of Laws, [H. R. 193]: To amend an act for the settlement of decedents' estates, proscribing rights, liabilities and duties of persons connected with the management thereof, and of certain forms to be used in such settlement, approved June 17, 1852.
By Mr. GIBSON, from the same Committee, [H. R. 194]: To tax the ownership of property held for school purposes.
By Mr. KENNER, from the Joint Committee on Revision of Laws, [H. R. 195]: To enable two or more Agricultural, Horticultural or Mechanical Societies to consolidate, and confer on the consolidated Companies the same rights and powers as those of the original Societies. [Authorizing a consolidation so as to make one Joint Association with such name as may be agreed upon.]
Mr. THOMPSON moved to continue the introduction of bills by alphabetical order as before--according to Rule 53 of the House.
The SPEAKER declared that in accordance with an order of the House, heretofore adopted, reports from the Committee on Revision of the Laws were in order at any time.
By Mr. NEFF, from the Joint Committee on Revision [H. R. 196]: To abolish the office of Asessor in cities and incorporated towns in this State. [City officials shall copy from Township books the levy made.]
By Mr. NEFF [H. R. 197]: to amend an act touching the relation of guarding and ward, approved June 9, 1852.
By Mr. LINDSAY, from the same Committee, H. R. 198]: To amend Section 8 of the act to enable Trustees to receive lands and donations and convey the same for the use of Churches, Benevolent Associations, cemeteries, etc., approved June 17, 1852.
By Mr. HUSTON, from the same Committee, [H. R, 199]: To amend the act prescribing who may make a will, and the effect thereof; what may be devised, etc., approve May 31 1852.
By Mr. CHANDLER, from the same Committee, [H. R. 200]: To amend an act regulating descents and the apportionment of estates, approved May 14 1852.
By Mr. CHANDLER, from the same Committee, [H. R. 201]: Concerning County Prisons. [Grand Jury shall inspect,etc].
By Mr FRAZIER,from the same Committee, [H. R. 202]: To amend Section 120 of the act to provide for the election and qualification of Justices of the Peace, approved June 9, 1852 [When there is no acting Justice, or he be a kin to parties to the suit, a Justice in an adjoining Township shall have jurisdiction in such case.]
Mr. MOODY presented resolutions adpoted by a Soldiers' Association in Auburn, Ind., indorsing and concurring in the proposition to place some memorial of the war and Indiana's war Governor in the corner-stone of the new State House.
It was referred to the New State House Committee.
By Mr. COLE, from the same Committee [H. R 203]: To amend Section 1 of an act concerning estrays and articles adrift, approved June 16, 1852. [Shall advertise within three days by posting notices in three of most public places in the Township.]
Mr. O'NEAL, from a majority of the Committee on Education, returned the compulsory education bill [H. R. 8] with amendments, making it apply to children between the ages of eight and fourteen.
Mr. HAM, from the same Committee, submitted a minority report.
On motion by Mr. GIBSON 200 copies were ordered printed, and the bill and reports were made the special order for Wednesday, February 2,at 11 o'clock a. m.
Mr. THOMPSON, from the Committee on Claims, submitted a report in favor of allowing a number of claims for ditching in Tipton County some thirteen years ago, with interest thereon, the delays having arisen on account of neglect of State officers.
Mr. HUFF reported in behalf of the minority in favor of allowing the principal without interest, most all of the charges being exorbitant.
A motion to lay the minority report on the table being rejected, the minority report was concurred in.
Mr. HAM knew every claimant, and was satisfied that the bills were put in at a low estimate. If the State had not been negligent there would now be no claims of this kind before us. The claimants made every effort to get their money, but have been defeated by State officials.
Mr. THOMPSON stated that these claims were referred by the last Legislature to the Governor Treasurer and Auditor of State to examine, and they have submitted a report, which, after consideration by this Committee, has been passed upon as put.
Mr. MILLER said there was no evidence that the work was worth one-half that is charged for it, and we will certainly be doing justice, and probably more than justice, to these parties if we pay the principal without interest.
On motion by Mr. KENNER, the vote concurring in the minority report was reconsidered.
The question again being on concurring in the minority report--
Mr. NEFF insisted the House should not act so hurriedly on so important a question.
Pending which, the House adjourned till to- morrow morning.
