THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, January 19, 1883-10 a. m.The LIEUTENANT GOVERNOR took the chair and requested Senators to stand while prayer was offered by Rev. Mr. Baird.
On motion by Mr. MAY the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
THE PROPOSED CONSTITUTIONAL AMENDMENTS.
Mr. BROWN, from a majority of the Judiciary Committee, reported that, in accordance with a resolution of the Senate, it has examined the journals of the last General Assembly as to proper record of the proposed Constitutional amendments; that no such record can be found, and no entry, as commended by the Constitution, by which the Committee can determine what said propositions were, or that either House referred or intended to refer any proposition to amend the Constitution to this Assembly. The report was signed by Messrs. Spans, Bell, Brown, McCullough and Van Vorhis.
Mr. BUNDY, from the minority of said Committee, reported the en tries as found on the journal of the two Houses in he session of 1881, and copies of the joint resolutions proposing to amend the Constitution as on the file in the Secretary of State's office, and published in the laws. It did not find they were referred to this General Assembly in words on the journal of either House, but the provisions of the Constitution have been substantially complied with, and in its opinion the proposed Constitutional amendments are properly before this General Assembly, signed by Messrs. Bundy and Graham.
Mr. BUNDY moved that these reports be made the special order for next Wednesday morning at 10:30 o'clock.
The motion was agreed to.
On his further motion 150 copies of the reports and the resolution were ordered printed.
Mr. GRAHAM, favoring the motion to print: Nothing of the importance equal with this has been yet printed. It would be better to print thousands, but he would not move to amend-
Mr. BROWN objecting to the motion.
REPORTS FROM COMMITTEES.
Mr. FOULKE, from the Joint Committee on Revision of the Laws, returned the bill [S. 5] concerning the Code of 1881, with a favorable recommendation.
Mr. FAULKNER from the Committee on Federal Relations, returned the bill [S. 125] to repeal the sheep law act, with as recommendation that it be amended.
Mr. LOCKRIDGE moved its recommittal. He was not present when the bill was considered by the Committee. The motion was agreed to.
THE BENEVOLENT INSTITUTIONS
Mr. MARVIN, from a, majority of the Committee on Benevolent Institutions, returned Mr. Brown's bill [S. 1] for a reorganisation of the management of said Institutions, with a favorable report, recommending amendments.
Mr. RISTINE presented a minority report from the same Committee, recommending the indefinite postponement of the bill.
Mr. VOYLES, from the Committee on Fees and Salaries, returned the bill [S. 117] fixing Prosecuting Attorneys' Fees, with a recommendation that it be indefinitely postponed.
Other Committee reports were made and placed on the files with the above for future consideration when they come up in the regular orders of the day.
EXECUTIVE APPOINTMENTS.
Mr. SPANN offered a resolution instructing the Committee on Executive Appointments, to make a report on the nominations made by the Governor for conformation by the Senate, forthwith.
Mr. BROWN stated that this resolution casts a reflection on the Committee. The Committee had a meeting and unanimously agreed to adjourn to a meeting to-day. He moved to lay the resolution on the table.
The resolution was rejected by yeas, 19; nays. 20-the Lieutenant Governor giving the casting vote.
Mr. BENZ explaining his negative vote because the Committee has had plenty of time to consider this matter.
Mr. RAHM when his name was called, said he page: 77[View Page 77] did not consider this a political question. He remembered two years apo when the Republicans had a majority on this Committee it made no report till late in January, and he could nor see why they will not give us the same chance now.
The vote was announced as above.
So the motion to lay on the table was rejected.
The resolution was then adopted by yeas, 20; nays, 19-the Lieutenant Governor giving the casting vote again.
The LIEUTENENT GOVERNOR announced the first thing in order to be the report of the Committee on Executive Appointments.
Mr. BROWN: Does the Chair decide that the Senate must stand in statue quo until that Committee reports?
The LIEUTENANT GOVERNOR: No: but I would like to hear from the Chairman of the Committee on Executive Appointments.
Mr. BROWN: The Committee is not prepared to report now. And I will say to the Senator from Rush [Mr. Spann] that I don't think his course has added anything to the speed of that Committee, either.
The LIEUTENANT GOVERNOR; Senator Dun- can the Senator from Brown, is the Chairman of the Committee on Executive Appointments. Let us hear from him.
Mr. DUNCAN: There is an announcement on your desk for a meeting of that Committee to-night. I sent it up about a half hour or an hour ago I will say this, as one member of that Committee, that I think our meeting to-night will satisfactorily comply with the resolution.
Mr. BUNDY moved that time be given the Committee till 2 o'clock to-day.
Mr. BROWN moved to amend till 10:15 o'clock to-morrow morning. The Committee has adjourned till this evening, and the members can not well be gotten together before then. I will say, so far as Senate bill No. 1 is concerned, no action will be taken to-day, if that is what is worrying Senators on that side.
Mr. SPANN: We are after the question as to whether the Committee on Executive Appointments will report at once.
The LIEUTENANT GOVERNOR: It is the opinion of the Chair that the Committee ought to report immediately. Of course If the Senate gives It further time that is another matter.
Mr. BROWN insisted on his motion to give the Committee until 10:15 to-morrow to report.
Mr. SPANN made the point of order that this motion is out of order, as it conflicts with the resolution just adopted by the Senate.
The LIEUTENANT GOVERNOR: I think that point of order is well taken. Of course if the Senate will give consent to pass it over the Chair will let it go.
Mr. BUNDY: I think the Committee can mate a report by 2 o'clock to-day.
Mr. MAGEE: I voted in the affirmative on the resolution requiring the Committee on Executive Appointments to report at once, but in order to give this Committee time, at the request of some of its members, I move to reconsider that vote. This motion was agreed to by yeas, 26; nays, 17.
The question now recurring on the resolution Mr. BROWN moved to amend the resolution by requiring the Committee to report at 10:15 to-morrow.
The amendment was accepted by Mr. Spann.
The resolution as amended was adopted.
RESOLUTIONS.
Mr. HILLIGASS offered a resolution for the reference of his bill [S. 16] amend Sections 1,781 and 1,782 of the code of 1881 to a Sub-Committee of three, with the Senator from Morgan (Mr. Foulke) as Chairman.
Mr. VAN VORHIS thought that this was instituting a bad practice.
The LIEUTENANT GOVERNOR regarded this proceeding as out of order till the bill comes up for the second reading. (Being advised the bill had been read the second time and was laid on the table, he said): Then there ought to be a motion to take it from the table
Mr. SPANN offered a resolution allowing Captain Owen $40 for services rendered the Doorkeeper of the Senate.
On motion by Mr. BROWN It was referred to a Select Committee of Three.
Mr. FOULKE offered a resolution authorizing a Special Committee to report on allowance to William B. Schlater, the late Secretary of the Senate, for making an index to the Senate journal.
It was adopted.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally referred to appropriate Committees, unless otherwise stated:
By Mr. FLETCHER [S. l53], by request, to provide for the organization and government of the State Prisons, [it provides for one Board of Managers, introduces various measures for moral instruction and greater commmutation of time for good behavior.]
B'NAI ISRAEL
On motion of Mr. MAGEE the bill [ S. 121], to legalize the acts of the congregation of B'nai Israel, of Evansville-to legalize the purchase of cemetery grounds, was read the second time by title only, considered as engrossed, the third time by sections under a dispensation of the Constitutional restriction-yeas, 36; nays, 0. and finally passed the Senate by yeas, 37; nays, 0.
BILLS ON THE SECOND READING.
Mr. FOULKE'S bill [S. 2] to enable Turnpike Companies in this State to connect with turnpike roads in other States coming up in regular order, was read the second time, with a report from the Roads Committee recommending its passage. The report was concurred in, and the bill ordered engrossed for the third reading.
Mr. YANCEY'S bill [S. 75] to amend Section 71 of the act concerning taxation approved March 29, 1881, being read the second time with a Committee report recommending that it be passed.
On motion by Mr. FOULKE it was recommitted with instructions to supply the omissions of reference to the section of the R. S. of 1881 proposed to be amended.
Mr. Benz's bill [S. 99] making it a misdemeanor to defraud an innkeeper, hotel or boarding house by false show of baggage, being read the second time with a Committee report recommending it lie on the table. The report was concurred in.
Mr. Smith's, of Jay, bill [S. 89] to amend Section 28 of the Common School law, was read the second time with a favorable report which was concurred in, and the bill was ordered engrossed for the third reading to-morrow.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. Youche's bill [S. 112] to amend Section 418 of the act of Section 1,403 of R. S., 1881. was read the second time, with a Committee report recommending that it lie on the table. The report was concurred in.
Mr. Duncan's bill [S. 113] to amend Section 1,467 of the R. S. of 1881, concerning Justices of the Peace, was read the second time with a Committee recommendation that it pass. The report was concurred in and the bill ordered engrossed.
Mr. Hilligass' bill [S. 48] providing for the purchase and conversion of toll roads into free roads, was read the second time, with a Committee report recommending favorable action. The report was concurred in and the bill was ordered engrossed.
Mr. Macartney'R bill [S. 52] to amend Sections 6,487, 6,496 and 6,497 of the Revised Statuses of 1881, concerning taxation (see Brevier Reports, page: 78[View Page 78] page 38), was read the second time, with a Committee recommendation that it be amended. The report was concurred in, and the bill ordered engrossed.
ROADS AND HIGHWAYS.
Mr. Benz's bill [S. 6] for the election of Supervisors of Highways (see page 28 of the Brevier Reports), was read the second time, with a majority Committee report that it be amended, also a minority report amending the title and substituting new matter for the entire bill.
Mr. WILLARD raised the point of order that the minority report is out of order because unconstitutional and unparliamentary.
Mr. RISTINE understood a minority report can be made in this way. The bill proposes the re-enactment of the laws of 1877 with a change in the hours constituting a day's work. The minority report substitutes a bill [Mr. Voyles' S. 40] proposing to amend the present laws by excepting bridges, etc., under the control of gravel and toll roads; and it leaves off the closing words of Section 6 of the present law and provides that the road and poll tax may be worked out under rules prescribed by the Road Superintendent. Much work just commenced all over the State would be cut off by a repeal of the law as proposed by the bill recommended by the majority of the Committee. The law of two years ago as yet had no practical effect.
Mr. BROWN and Mr. FOULKE thought the point of order is not well taken, as did also Messrs, SPANN and VOYLES.
The LIEUTENANT GOVERNOR: The bill can oe amended by substituting new matter below the title and after the bill has passed, then the title could be amended so as to conform to the body of the bill. So the point of order is not well taken.
Mr. BROWN opposed the minority report, though the complaint is almost universal against the existing law. In the poorer Counties it is too expensive. The poorer classes should have the right to go upon the road and p'lit; in an honest day's work. He could not please the people of his District did he not favor the present law.
Mr. MAGEE: Two years ago the Legislature enacted the present law, which has had no opportunity to be practically tested The bill proposed by the majority report was enacted thirty odd years ago, and the present law was admitted to be a great improvement at the time it was passed in the Senate Chamber. The better way is to put a sum of money in the hands of a suitable person with which to improve the roads. We ought not to change the present system until it is fairly tried. Do not go back to She old system till the present law is fully tested. It was always a farce to allow a man to pretend to work six or eight hours a day on the public highway. He desired to see the majority report adopted.
Mr. VOYLES: As between the two systems, the old system is preferable. The people got used to it, and when a new system was introduced they were dissatisfied. There seems to be an almost universal demand for the old law, but if that be re-enacted then the minority report should be concurred in. No measure is useful if the people are constantly crying out with dissatisfaction against it. If the minority report be accepted he should vote for the bill, but as a test vote he should vote for the bill of the Senator from Crawford [Mr. Benz].
Mr. WHITE said in the northeastern part of the State the present road law is considered expensive. They prefer to work out the road tax. If the present law is not repealed the roads will become very bad and in an almost impassable condition.
Mr. HILLIGASS was sure all peoples in his District condemn the present road law. There are <3[Uite a number of young men in every County who pay no tax-no polls can be collected from them-and under the old law there would have been one or two days work collected from that Class. Here are some 1,200 Road Superintendents i in the State, and it is proverbial to see a Road i Superintendent riding miles from home to find a mud hole to fill up. The present bill takes from the people the right to work on the highways, and thousands of dollars are lost by losing the work of the class before referred to. There is a demand from the people, after more than a year's trial, that the present law be repealed and the old law substituted instead. The present law has been tried sufficiently in his District, and the people have had enough of it. They demand its repeal and the reinstatement of the old law.
Mr. BUNDY moved to postpone this matter and make it the special order for Tuesday next at 2 p. m.
The motion was agreed to upon a division affirmative, 27; negative, not counted.
HORSE THIEF DETECTIVES.
Mr. Ristine's bill [S. 88] to amend Sections 31 and 34 of the Horse Thief Detective Association act of December 21, 1865, was read the third time.
Mr. RISTINE: It amends Section 3,431 of the R. S. It was before the Legislature two years ago and failed to get beyond the engrossment. This bill requires that the consent of County Commissioners that members of the Association may act as Constables, be made matter of record, so such persons may have written evidence of their authority to act as officers of the law.
The bill finally passed the Senate by yeas, 28; nays, 8.
OUTSWINGING DOORS.
Mr. Duncan's bill [S. 85] to amend Section 243 of the act concerning public offenses land their punishment, of April 14. 1869, was read the third time.
Mr DUNCAN explained: It simply provides that District School-house doors shall not be required to swing out, and also relieves the Trustee of the necessity of changing doors so they shall swing out.
Mr. VAN VORHIS thought the bill ought to pass, as the bill has been amended so as to apply only to one-story school houses.
Mr. BROWN hoped the bill will not pass. The country schools ere generally taught in winter time, and if fire occurs the little ones all break for the door, and it should be made to swing outward.
Mr. VAN VORHIS declared the bill has not , been correctly engrossed, because the Committee I attached an amendment limiting its application to one-story buildings,
Mr. GRAHAM took the blame upon himself, having failed to incorporate the amendment in his report. On his motion the engrossment was set aside and the bill was recommitted.
ANOTHER COMMITTEE CLERK.
Mr. MAGEE offered a resolution authorizing one clerk for the Committee on Corporations and Railroads.
It was adopted.
HOUSE BILL PASSED.
On motion by Mr. Bell the bill [H. R. 148] ceding the jurisdiction to the United States over certain lands in this State as has been or shall hereafter be selected, by the United States for the erection ot Postoffices or other houses made exclusively by the General Government, was taken up and read the third time.
Mr. BELL explained it is such a bill as is re quired by act of Congress before the General Government will proceed with the erection of Federal buildings.
The bill finally passed the Senate by yeas, 86; nays, 13-with an amendment of title by adding a clause declaring an emergency.
page: 79[View Page 79]RECESS TILL MONDAY.
A motion being made that when the Senate adjourn it be till Monday at 10 o'clock a. m., the Lieutenant Governor decided the motion carried by the sound. A division was called for and the Chair announced twenty seven Senators standing in favor of the motion. But the yeas and nays being demanded the motion was agreed to by yeas, 25; nays, 17.
Subsequently-
Mr. WILLARD moved to reconsider the vote by which the Senate agreed to take a recess till Monday morning.
Mr. VAN VORHIS made an ineffectual motion yeas, 18; nays, 23-to lay that motion on the table.
Mr. SPANN made an ineffectual motion- yeas, 17; nays, 26-to adjourn.
The motion to reconsider was agreed to.
The question recurring on the motion that when the Senate adjourn it be till Monday at 10 a. m.-
It was rejected by yeas, 17; nays, 25.
Mr. BUNDY demanded a call of the Senate.
The LIEUTENANT GOVERNOR: I don't think that is in order.
Mr. HILLIGAS moved that the Senate adjourn. The motion was rejected by yeas, 19; nays, 20-the Lieutenant Governor giving the casting vote.
Mr. FOULKE moved that when the Senate adjourn it adjourn till Monday at 10:30 o'clock a. m.
Mr. VOYLES moved to amend by making the hour at 10:30 o'clock to-morrow.
Mr. SPANN moved to amend the amendment by inserting 7 a. m. instead of 10:30 a. m.
Mr. MARVIN moved to lay the amendment on the table. The motion was agreed to by yeas, 30; nays, 10.
Mr. BROWN, saying the Senate was not reflecting credit on itself by this action, moved an adjournment.
The motion was agreed to.
And the Senate adjourned till to-morrow at 10 a. m.
