THE
BREVIER LEGISLATIVE REPORTS.
VOLUME
NINETEEN.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, January 26, 1881--10 a. m.The session was opened with prayer by Rev. Myron W. Reed, of the First Presbyterian Church.
On motion, by Mr. BRISCOE, his bill [S. 135] legalizing certain acts of the Beard of Commissioners of Blackford County, in relation to assessment for swamp land ditching, was read the second time and,under a dispensation of the Constitutional restriction, considered as engrossed, read the third time and passed by--yeas, 38; nays 3.
NATIONAL BANKS AND THE COURTS.
Mr. Graham's joint resolution [S. 2] coming up in oder, it was read the third time as follows:
Resolved, By the General Assembly of the State of Indiana, That our Senators in Congress be instructed, and our Representatives be requested, to use their influence to procure the repeal of so much of the acts of Congress as confer especial jurisdiction upon the 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 in such suits.
Mr. GRAHAM said if such a change of the laws can be procured, it will prove of great advantage to the people at large. The intention is not to attack the banking interest; but there is no good reason why such special powers should be conferred upon National Banks in distinction from other corporations.
Mr. CHAPMAN opposed the passage of the joint resolution, though not desirous of being considered as appearing here as a special advocate of National Banks. It may not be popular to support the rights of National Banks; but the joint resolution asks what no Government ought to do: that is, that the Government of the United States, which has created a class of corporations, shall close the doors of its junicial tribunal against the exclusive creatures of that creative power.
Mr. VIEHE thought National Banks ought to stand upon the same footing as other corporations. Were the sum limited to suits where above $500 was involved, he would not object. The principle announced by the Senator who has taken his seat may be correct, but now a National Bank can be sued in a State Court with no power to remove its case to the Federal Court, and thus the doors of the Federal Courts are closed against National Banks in such cases.
Mr. MENZIES stated the fact that these corporations live on the patronage of the community, claim the protection of Courts and officials, and only showed they have greater privileges in the Judicial Department of the Government than other citizens. He only regretted the resolution did not go to foreign corporations transacting business in this State, and yet refusing to yield to the jurisdiction of our Courts. It is a game of bluff to drag a citizen from his home and try to worry him out with a heavy bill of costs.
Mr. GRAHAM only desired to place National Bank corporations on a plane with other corporations in the State.
Mr. GARRIGUS could see no reason why National Banks should be allowed to bring citizens to the Federal Court in this city from distant Counties in order to collect their paper in small amounts.
The J. R. [S. 2] was passed by yeas, 44; nays, 2.
STATE BOARD OF HEALTH.
The LIEUTENANT GOVERNOR announced the special order for this hour being Mr. Van Vorhis' bill [S. 93] to establish a State Board of Health, which the Senate proceeded to consider by sections.
Mr. BRISCOE offered an amendment, providing that two members of the Board from each political party shall be appointed by the Governor.
Mr. LANGDON believed in party responsibility so that if anything goes wrong, it can be fastened upon the party guilty. The public interest can be thus best subserved. The amendment, if enacted into a law, would create a hot-bed of rascality in such a nest, as Nationals, Democrat sand Republicans all together would make. He opposed the amendment.
Mr. WOODS, in most cases should object to such a scheme, but in this case he favored it. He was unalterably opposed to making the Benevolent Institutions political machines to be run by either party. Let this trading and swindling of the wards of the State be stopped. This bill will require $10,000 or $12,000 to pay the new officers created by it, and he desired Democrats as well as Republicans should have a share in the spoils of office.
page: 84[View Page 84]Mr. BRISCOE regarded it as strange that Republicans were not satisfied with the great success of their party; at least,enough so to admit Nationals and Democrats on this Board with those of their own political faith.
Mr. VAN VORHIS, as the author of the bill, would not object to the amendment. He proposed, as a substitute for the amendment, that the Board shall be composed of three members from each of the two political parties having the highest number of votes on joint ballot in the General Assembly; not desiring that anything of the kind shall go in the bill, but as a sort of compromise.
Mr. GRAHAM opposed anything of a political nature going in the bill.
The substitute was rejected.
Mr. WILSON moved, ineffectually, that the Board be selected, as far as possible, from diverse political parties.
The amendment (Mr. Briscoe's) was also rejected.
Mr. Menzies moved to strike out the clause in the second section, requiring the Board to examine into the purity of intoxicating liquors used as a beverage.
Mr. YANCEY opposed the amendment.
Mr. BROWN favored the pending motion. If the bill passes in its present shape a part of the duties of the Board will be to make an inspection of the stock in trade of wholesale and retail dealers in intoxicating beverages, and then give an opinion as to the effect this liquor will have on the health of those who drink it. It would create a sort of Smelling Committee, which he did not approve of, nor was there any necessity for such an examination.
Mr. HENRY desired the Board should report as the effect of intoxicating liquors upon the health of the people, and offered a substitute for the amendment, striking out the clause requiring an examination of such liquors.
Mr. MENZIES accepted the substitute for his amendment.
The substitute was agreed to.
Mr. SPANN moved to strike out all reference to requiring the recommendation of certain school books by the Board. The common people are already too much oppressed in the matter of school books--this monopoly is corrupt all along the line.
Mr. VAN VORHIS said this bill is drafted upon the experience of twenty-two States having similar laws, and is largely taken from the existing laws in Michigan, Kentucky and Massachusetts. This section is taken from the Michigan law, and does not give the Board the right to dictate what books shall be used in the Common Schools.
The motion was agreed to.
Mr. FOSTER moved an amendment requiring five members to constitute a quorum of the Board.
It was rejected.
Mr. Menzies moved to restrict the meetings of the Board to four times a year.
Mr. VAN VORHIS referred to times of epidemics or the prevalence of contagious diseases, when it would become necessary for the Board to meet on its own adjournment. He did not believe the Board would hold continual sessions just to get pay for tneir expenses, which is all that this bill allows.
Mr. WOOLLEN offered a substitute, allowing the Board to meet when and where it pleases in times of epidemics.
The substitute was adopted.
Mr. HENRY moved to fix the date of Board meetings the first Tuesday in January, April, July and October.
Mr. OWEN and Mr. SHAFFER considered it better to leave the dates of meetings to be fixed by the Board.
Mr. Henry would not object to the Board fixing the time, if it would arrange for certain days in each quarter; that everybody so desiring may know. He did not believe enacting laws so obscure as to make it necessary for the people to hunt up newspapers in order to be informed their contents.
Mr. VAN VORHIS opposed the amendment.
The motion was rejected.
Mr. CHAPMAN moved an amendment requiring Members of the Board to swear to an itemized account of their expenses.
Mr. BUNDY proposed a substitute embracing the amendment and adding thereto a proviso that the Secretary of the Board shall receive nothing for his expenses beyond the salary $1,500; pending which--
Came the recess till 2 o'clock.
AFTERNOON SESSION.
The pending substitute (Mr. Graham's)was rejected, and the amendment (Mr. Chapman's)was adopted.
Mr. BRISCOE by way of substitute for the pending amendment, moved to strike from the bill Section 8, which would cause a Board of Health of to spring up in every city,town and Township in the State, entailing an expense on the people--no one can tell how much.
Mr. VAN VORHIS believed the expense would be so small as to be of little importance. He desired to reduce the expenses to the lowest possible amount.
Mr. WOOLLEN understands the intention is to prevent the machine this bill will put in motion from being run by politicians. There are now employed in almost every Township of the State physicians to the poor, and this section would probably not increase very largely the present expense, were they to perform the additional duties required by this bill.
Mr. KEISER hoped the substitute would not prevail, as it would disarrange the whole bill. He could not see the force of objections urged against it. There should be provision made for County, Township and City Boards of Health. If the State Board can not receive aid from Counties, cities and towns it will be in a great degree limited in usefulness. He saw no saving to accrue to the people by striking out this section, as its absence will devolve much more labor on the State Board.
Mr. SPANN insisted there must be machinery in the several Counties and Townships to aid the efforts of the State Board, if the bill shall pass. He opposed striking out the section. If a State Board of Health is not worth what little expense this section will incur, the bill had better not be passed, but voted down at once.
Mr. BRISCOE insisted this section would create two physicians to each Township in addition to those now employed. If the bill would provide that it shall not create any extra offices he would be content.
Mr. MACARTNEY knew of no such office under the law as Township Physician. Ia his County there are three Townships without a resident physician.
The motion [Mr. Briscoe's] was rejected.
Mr. VOYLES thought this section extends too far in that it creates Boards in each Township, and while he would not commit himself in favor to the bill, yet, if it be passed, he desired it cut down in its extent. It seems unnecessary to go as far as this bill proposes, especially as a starter. Should the plan operate well, in after time he would favor its extension. He moved a substitute for the section giving each town, corporation city or County a Board of Health.
Mr. VAN VORHIS believed the substitute would deprive the rural Districts of any advantages to be derived from the bill, and would destroy its purpose of collecting vital statistics.
Mr. VOYLES insisted that the vital statistics can be complied in sufficient quantity and perfectly reliable under his substitute. His substitute simply cuts off a work of supererogation in many Townships; and certainly goes far enough.
page: 85[View Page 85]The substitute was rejected.
Mr. SAYRE noticed a clause making an appropriation of $10,000 for the purpose of putting in operations this act; and was anxious to know on what account and for what purpose this money will be expended. He moved an amendment "that the County and Township officers shall perform the duties required of them by this act without compensation."
The amendment was agreed to.
On motion by Mr. CHAPMAN, the order of business was suspended, and the Senate adopted the House concurrent resolution accepting an invitation on to visit Purdue University, and providing for an adjournment of both Houses at 11 o'clock a.m. on Tuesday next for that purpose.
Mr. SMITH offered an amendment for the protection of those ignorant of provisions of the bill, so they shall not be liable to fine for failure to comply with its provisions, unless doing so willfully in relation to reporting births and deaths. It was agreed to.
Mr. Bundy moved to strike out the clause directing the Secretary of State to furnish postage, stationery and other direct and incidental expenses of the Board of Health.
It was agreed to.
On motion by Mr. CHAPMAN, the number of rooms allowed for the State Board was restricted to one.
Mr. WOOD moved to reduce the appropriation from $10,000to $8,000.
Mr. VAN VORHIS offered a substitute appropriating $5,000 per annum for the Board, and providing that the expenses shall in no event exceed $5,000 a year.
It was agreed to.
On motion by Mr. GRAHAM, the emergency clause was stricken out.
The bill as amended was then ordered to be engrossed for the time third reading.
Mr. Woolen's [S. 23] to protect the elective franchise, coming up in order, it was read the third time.
That any person who shall hire or buy, or, offer to hire or buy, either of himself or by any one else, or who shall furnish any money or other things of value to be used to hire or buy or permit his money or other things of value to be used to hire, buy or induce any person to vote for any candidate for any office, or any person who shall attempt to induce any person to vote for any candidate by offering any reward or favor to any person for the purpose of influencing such a person's vote for any candidate; or any voter of this State who shall sell or barter his vote for any money, property, or thing of value, or for any promise or hope of reward given or offered by any candidate, or by any other person or persons, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25 nor more than $50, and shall be disfranchised and rendered incapable of holding any office of trust or profit for any period of time not less than two nor more than five years.
In examinations before the Grand Jury and in prosecutions under the provisions of this act any person may be examined and compelled to testify touching all the facts, but when the person so testifies by requirement of the Court, he shall be exempt from prosecutions or punishments for the offense or offenses about which he so testifies.
Mr. WOOLLEN explained that the bill simply fixes penalties and makes it a misdemeanor to use money improperly at elections in this State. The statute of 1879 makes it a misdemeanor for anyone to sell his vote, which virtually estops the enforcement of the law of 1867. This bill repeals all laws on this subject.
The bill passed by yeas, 40; nays, 0.
Mr. Brown's bill [S. 44] to amend Section 10 of the act of March 31, 1879, concerning contempt of Court, coming up in order, it was read the third time, and passed by yeas, 40; nays, 0.
Mr. Hefron's bill [S. 26] to amend Section 76 of the act for the settlement of decedents' estates, being read the third time--
Mr. HEFRON explained that the bill allows a petition for the sale of real estate of decedents to be heard in term time. The bill would do away with the existing law, requiring fifty-one days notice before the commencement of Court term.
The bill passed by yeas, 36; nays 0.
On motion by Mr. POINDEXTER, the Constitutional Rule was dispensed with by a two-thirds vote, and his bill [S. 32] to amend Section 2 of an act for the formation of Voluntary Associations was read the second time by title only, consider as engrossed, read the third time, and the question then being: Shall the bill pass?
Mr. POINDEXTER explained the only point in the bill is that it provides for the formation of organizations for dredging or deepening the channels of rivers and creeks, and for the improvement of harbors. It is a measure greatly desired in his section of the state.
Mr. VOYLES stated that this bill is drawn with a view of accommodating a demand made very generally along the line of the Ohio River.
The bill was passed by yeas, 37; nay 0.
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 26, 1881--9 a. m.The morning session was opened with prayer by Rev. J. P. Williams, of this city.
The reading of the journal was commenced, when on motion of Mr. McINTOSH, the further reading thereof was dispensed with.
Mr. MESSICK moved to reconsider the vote of yesterday, by which the report of the Committee on the Revised Statutes and State Librarian was adopted.
Mr. EDWINS made an ineffectual motion to lay the motion to reconsider on the table--yeas, 42; nays, 52.
Mr. FRAZER said it was claimed by some that the State was not bound by the resolution to pay for the Statues purchased from Bingham & Co., but he thought the question depended more upon whether the law requires the State Librarian to have a certified copy of the resolution before taking in the mater. He said: My recollection is that this resolution was unanimously adopted-you find that have made a mistake and now you are willing to acknowledge it and try to get out of it. Since we have passed the resolution and see the mistake, let us stand up to our resolution and not crawl in the dust and sneak out of it. I think there is some honor in Legislatures as well as among thieves, and hope the action of the House this morning will be final upon this question.
Mr. FANCHER stated that if the House is under any obligation to take the Statutes, it is by reason of a contract we are now making and it was an imposition on our constituents to pay $10 a set for those volumes. It is only the Democratic side of the House that advocates the purchase at that rate.
Mr. EDWINS-The question is whether the State made a contract for the purchase of those Statutes? If not, I am willing to vote on the Republican side of this House. If we have made the contract, and I think we have, I hold that we are lawfully bound to pay for the same. Gentlemen, I do not wish to incur this expense, but we have made the contract, and is it for us, Members of the Lower House, to go back on the contract, and make this woman pay $800 or $1,000 for some mishap of ours? When the resolution first came up I voted against it, but now I am opposed to reconsidering the vote adopting this resolution.
Mr. MOODY--Is there any question as to the fact that we authorized this lady to purchase these Statutes? I say she was bound to take no- page: 86[View Page 86] tice of the resolution we passed the very next morning thereafter. I am a Democrat, and I believe in carrying out in good faith a contract made with a Republican as well as with a Democrat.
Mr. KENNER took this position. A bill was passed by the last General Assembly which provided that no expense could be incurred by the Legislature without the concurrence of both Houses, and that ought to be the law to-day. He said that he was willing to submit the proposition to the Judiciary Committee, and if they say that we are in duty bound to take the books from the State Librarian, he would be willing to do so, and he moved that the matter be referred to the Judiciary Committee for their legal construction on the resolution.
The motion was agreed to.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally passed to the second reading:
By Mr. HAMILTON [H. R. 206] : For the election and qualification and government of the Trustees, Superintendent, and other officers and employees of the Indiana Asylum for the Blind, the Institution for the Deaf and Dumb, and State Hospital for the Insane, and for a more thorough and systematic management and care of the same. [The Board consists of one President and two Trustees to serve for fours years, elected by the Legislature, and give bond to the amount of $10,000.]
By Mr. GIBSON [H. R. 207]: Concerning articles of drift or wrecks. (Any article so found me be claimed by the owner or his Agent by defraying all necessary expenses.)
By Mr. GIBSON [H. R. 208]: Concerning estrays and animals running at large. (Any astray animal taken up shall be advertised at three places in the Township where such property is taken up. If such property is not claimed in specified length of time it is to be sold and the money paid into the County Treasure and become a part of the Common School Fund.)
By Mr. HAMMOND [H. R. 209]: To amend Section 2 of an act to discourage the keeping of sheep-killing dogs, and repealing an act licensing dogs, approved March 11, 1861; and providing that nothing herein shall be so constructed as conflict with an act amending an act, approved June 15, 1862, and approved March 2, 1865.
By Mr. ROBINSON [H. R. 210]: To amend Section 8 of an act regulating the granting of divorces, nullifications of marriages, decrees, and orders of the Court incident thereto. [Divorces are to be granted for adultery, and where impotency exists at the time of marriage; any inhuman treatment by either party; or should the husband fail to provide for his family for a period of six months.]
Mr. CAUTHORNE made a motion, which was agreed to, to take up the business on the Speaker's table, according to the House Rule 54.
The Senate concurrent resolution was then read and adopted, providing fro the appointment of a Joint Committee to investigate and inquire into the failure of the State Oil Inspector in the bringing in this report, as required by law.
The Senate concurrent resolution instructing Indiana's Representatives in the United States Senate and in the National House of Representatives to use all the influence in their power towards the passage of a bill to prevent the further spread of the disease known as pleuro-pneumonia of cattle, as embodied in Mr. Kever's bill, or some other bill that may be introduced in Congress for the suppression of contagious diseases of domestic animals in the United States being read--
The resolution was unanimously adopted.
The following described Senate bills were read the first and passed ot the second reading.
The bill [S. 10] empowering County Commissioners to convey cemeteries and providing for their management.
The bill [S. 39] authorizing County Commissioners to establish Asylums for indigent children.
The following described Senate bills were read the second time and passed to a third reading:
The bill [S. 64] to amend Section 1 of an authorizing cities and towns to refund indebtedness.
The bill [S. 86] appropriating money to pay members of the Indiana Legion, and others acting in the late war under orders of the Governor of Indiana.
The bill [H. R. 23] to enable Manufacturing and Mining Companies of other States to purchase, hold and convey real estate within this State being read the third time--
Mr. GARDNER thought by putting the bill to a vote it would settle the question for all time whether it will become a law or not. The present law works a hardship on the people of his County, and he was surprised that such measure should be resisted as in the bill. Other Stats have similar laws, and they work to an advantage. There is a disposition in other States to go even further than this bill, and allow foreign corporations to come in their midst with all other lawful rights the same as citizens. Some of the Western States have laws similar to this. The Committee on the Revision and Codification were consulted in regard to this matter, and framed the bill to meet just such emergencies, and hope the bill will prevail.
The bill passed by a vote of yeas, 94; nays, none.
The following described bills were read the second time and ordered engrossed for the third reading.
The bill [H. R. 39] relating to the purchase of railroads, plank roads, turnpikes, etc.
The bill [H. R. 123] legalizing the elections help in the years 1878, 1879 and 1880 in the town of Brookstown.
Mr. KENNER called the attention of the House to the fact that several years ago the Supreme Court overruled a law similar to this bill, and cautioned them against futile legislation.
Mr. WRIGHT made the explanation that the town of Brookstown simply wants this legislation to legalize her ordinance, and it was his impression that some member ought to introduce a general bill legalizing all like cases in the State of Indiana.
The bill [H. R. 153] authorizing County Commissioners to take charge of public highways.
WORK FOR COMMITTEES.
The following described bills were read the second time and referred to appropriate Committees:
The bill [H. R. 127] in relations to the election and qualifications of Prosecuting Attorneys.
The bill [H. R. 128] to regulate the practice of medicine in the State of Indiana.
The bill [H. R. 129] appropriating certain mines to the benefit of the former employees of the Orphans' Home at Knightstown, Ind.
Mr HUESTON made an ineffectual motion to suspend the Constitutional rule and have this bill read the third time and put upon its passage.
Mr. NEFF made a motion, which was agreed to that the bill referred to the Committee on Claims.
The bill [H. R. 130] amendatory of the act touching the laying out of vacating of town streets, alleys, etc.
The bill [H. R. 131] a preventing the payment of clains out of County Treasuries, except as herein provided for.
The bill [H. R. 132] authorizing the report from the Auditor of Dearborn County to the Superintendent of Public Instruction in relation to school funds. It was ordered engrossed.
The bill [H. R. 133] amendatory of the act concerning married women.
page: 87[View Page 87]The bill [H. R. 134] amendatory of the act concerning the employment of short-hand reporters.
The bill [H. R. 135] providing for the letting of bridge contracts where the cost of the same exceeds $500.
The bill [H. R. 136] appropriating $60,000 to pay the indebtedness of the State Board of Agriculture.
The bill [H. R. 137] repealing an act for the protection of fish.
The bill [H. R. 138] regulating the charges of Railroad Companies for transportation of freight.
The bill [H. R. 139] to provide more effectually for the care, support and education of pauper children.
The bill [H. R. 140] authorizing the election of women to school offices was referred to the Committee of the Whole House.
Mr. FURNAS moved that the constitutional rule be suspended and that the bill [S. 116] refering to the reorganization of the Water Works Company be read the first and second times by title only, the third time by sections, and be put on its passage now.
This motion was agreed to by yeas, 93; nays, 0. So the bill [S. 116] authorizing Water Works Companies to purchase property and franchises of pre-existing Water Works Companies at Judicial sale was read the second time by title only, the third time by sections, and was passed by yeas, 91; nays, 0.
The SPEAKER announced the Committee on the part of the House to investigate certain charges against the management of the Asylum for Feeble-Minded Children at Knightstown, viz.: Messrs. Huston, Ryan, Sultzer and Mitchell.
The SPEAKER laid before the House a communication from the Governor transmitting from citizens of Lafayette and the faculty of Purdue University an invitation for the members of the Legislature to visit Lafayette and Purdue University.
Mr. CAUTHORNE offered a concurrent resolution, accepting the invitation and providing for an adjournment of the Senate and House of Representatives on Tuesday next at 11 o'clock a. m. for the purpose of making the proposed visit.
It was unanimously adopted.
The House adjourned until to-morrow morning at 9 o'clock under the rules.
