HOUSE OF REPRESENTATIVES.
WEDNESDAY, Jan. 24,1883-10 a. m.The Speaker announced prayer by the Rev. Mr. Lynch.
On motion by Mr. SMITH, of Tippecanoe, the reading of the Clerk's journal was dispensed with.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally passed to a second reading, unless otherwise stated:
By Mr. GENUNG [H. R. 270] to legalize the incorporation of the town of Oakland, Gibson County, Indiana.
By Mr. GILMAN [H R, 271] to quiet the title of land escheated to the State of Indiana.
By Mr. WILLIAMS, of Knox, [H. R. 272] denning the offence of compelling or attempting to compel a person to marry, and fixing a penalty therefor.
By Mr. PETTIBONE [H. R. 273] to authorize the State of Indiana to issue 650 internal revenue improvement bonds of $1,000 each.
By Mr. WHITSIT [H. R. 274] to amend Section 9, in relation to the laying out, widening and opening streets and highways.
Mr. WHITSIT [H. R. 275] to regulate the indebtedness of cities having a population of over 16,000 in habitants.
By Mr. ADAMS (by request) [H. R 276] to amend Section 4,688 of the Revised Statutes of 1831, concerning elections and the contest thereof.
By Mr. ADAMS (by request) [R.R. 277] to authorize Boards of County Commissioners to straighten and change the course of the channels of booties of water, upon petition of person living adjacent to such water course.
By Mr. STEWART [H, R. 278] to amend Sections 47 and 66 of the decedents' estate act, being Sections 2,2[?]1 and 2,290 of the Revised Statutes of 1881.
By Mr. Wilson, of Marion, [H. R, 279] to amend Sections 4 and 7 of an act providing for the establishment of a State Bureau of Statistics-being Sections 5,720 and 5,722 of the Revised Statutes of 1881.
By Mr. Smith, of Perry [H. R. 280] touching, the duties of Township Trustee.
By Mr. Williams of Posey, [H. R 281] concerning witnesses in certain criminal cases.
By Mr. Shockney [H. R. 282] requiring Judges of the Circuit Criminal and Superior Courts to give charges to Juries in writing.
By Mr. Mutz [H. R. 283] to amend Sections 94, 95 and 161, and repeal Sections 157 and l58 of the decedents' estates act.
By Mr. Mutz [H. R. 284] to repeal Section 4 and amend Sections 47, 66 and 165 of an act for the settlement and distribution of decdents' estates.
By Mr Stephenson [H. R. 285] fixing the time of holding Court in the Second Judicial Circuit.
By Mr. Holler [H. R. 286] to empower Manufacturing Companies to take and hold stock in Corporations furnishing water power.
By Mr. Atken [H. R. 287] to amend Section 3 of an act concerning Grand and Petit Juries-being Section 1,387 of the Code of 1881.
By Mr. Spann [H. R 288] to amend Section 1 of an act concerning taxation of property in cities and towns-being Section 3,261 of the Code of 1881.
By Mr. Campbell [H. R. 289] to amend Section 4 of an act concerning drainage of April 8, 1881.
By Mr. Schloss [H. R. 290] to repeal Section 105 of an act concerning taxation-being Section 6,373 of the Revised Statuses of 1881.
By Mr. Mutz [H. R. 291] for the relief of Lewis S. Colder.
By Mr. Kester [H. R. 292] to provide for issuing bonds by Boards of Commissioners in Counties to construct and repair Court Houses, Jails, and other County buildings.
By Mr. Shively [H. R. 293] concerning Mutual Life Insurance Companies.
By Mr. Heffren [H. R 294] to amend Section 115 of an act concerning public: offenses-being Section 2,020 of the Revised Statutes of 1881.
By Mr Heffren [H. R. 295] to amend Section 64 of an act concerning proceedings in criminal cases being Section 1,637 of the Code of 1881.
By Mr. Beeson [H. R. 295 296 ] to regulate the presenting of claims to the General Assembly.
By Mr. Dean [H. R. 297] to amend Section 8 of an act establishing a State Board of Health.
By Mr. Gibson [H. R. 298] to amend Section 214 being Section t>,485 of the Revised Statutes of 1881-concerning taxation.
By Mr. Barr [H. R. 299] compelling Railroad Companies to provide for the safety of persons and property in loading and unloading cars.
NO DOUBLE TAX.
Mr. MONTGOMERY offered a resolution, which was adopted, instructing the Committee on the page: 101[View Page 101] Judiciary to consider the expediency of exempting from taxation mortgages, loans on money, sales of property and other evidences of debt, where at the same time the subject of the debt is also taxed.
SUPREME COURT REPORTS.
Mr. WILLIAMS, of Knox, offered a joint resolution [H. R. 17] proposing an amendment to Section 6, Article 7, of the Constitution of the State.
Also, a joint resolution [H. R.] to amend Section 5 of Article 7 of the Constitution of the State.
Mr. JEWETT thought these resolutions were out of order. A provision of the Constitution declaring that when an amendment has been acted upon by a preceding General Assembly, and is awaiting the action of a succeeding one, no other amendment to the Constitution can be proposed for the ratification or rejection of the voters of the State. He, therefore, moved to reject them.
Mr SMITH, of Tippecanoe, moved to refer the resolution to the Committee on the Judiciary.
Mr. WRIGHT insisted the House should decide this question without any trouble. Every member who believes the Constitutional amendments pending should vote for the rejection of the resolutions.
Mr. HEFFREN explained that if there are no amendments pending before the House at the present time passed by the last General Assembly and referred to this General Assembly, then the gentleman's resolutions are in order. If, however, the amendments passed by the last General Assembly are now pending before this General Assembly, then the gentleman's resolutions are not in order [Mr. Heffren here read the sections of the Constitution which provide for its own amendment] He asked that the gentleman from Knox (Mr. Williams) would withdraw his resolutions for the present, as he did not want the members of this House to be caught in a trap.
Mr. WILLIAMS, of Knox, said: My purpose is to secure if I can such amendment to the Constitution as will result in keeping out of the Indiana Reports all cases that have no public or general interest. As the law now stand's the reporter prints each and every case decided by the Supreme Court, and as a result, in the last two years ten Indiana Reports have been published. The Reports sell at S3 50 each, a good thing for the official reporter, but a heavy and unnecessary draft upon the people. I have given considerable time to an investigation of this matter, and I am satisfied that the Bench and Bar of this State are a unit in demanding relief. Each lawyer in the State who keeps up the Reports Is doing so at an expense of $1750 per year, and the State for Reports for the use of its officers pays $9,625 per year 'Thu is too much. Bills are pending here to reduce the price per volume, but the best way to get relief is to reduce the number. The Judiciary Committee is now investigating the question, and I hoped that these resolutions would go to that Committe. I have no fears about the Constitutional objection sought to be raised.
Mr. SMITH stated that so far as he knew and so far as the House knew there are amendments pending before this House at the present time, but if this House decides that there are no amendments now pending then any amendment or amendments may be proposed.
Mr. JEWETT said: My object in moving to reject, I very candidly confess, is to take the sense of this House whether or not these amendments are before this House. I am as well satisfied as to the condition of these amendments as if I had heard every member express themselves. Those who believe that the amendments are now pending are compelled to vote against these resolutions- I
Mr. GORDON moved to postpone further consideration of this subject until Friday 2 o'clock.
Pending which came the recess for dinner.
AFTERNOON SESSION.
Mr. WILLIAMS, of Knox; said: I am satisfied from the drift of the debate upon these resolutions this morning that the members of the minority have not yet read the decisions of the Supreme Court of Iowa upon the question of Constitution amendments, or if they have read it they have not given it mat prayerful consideration to which the voice of a Republican Court of the great Republican State of Iowa is entitled from these gentlemen. I wish them to have the full benefit and force of this cold wave from the north before they vote upon the Constitutional question, Therefore, I withdraw the joint resolutions from the further consideration of this House and will, at some future day, again present them.
JOINT COMMITTEE ON WOMEN'S CLAIMS.
The Senate concurrent resolution to provide for the appointment of a Joint Committee, to be known as a Committee on Women's Claims, was taken from the Speakers table and read, whereupon
Mr. AKIN moved to concur in the resolution.
The motion was agreed to, and the SPEAKER appointed on the part of the House Messrs. McMullen, Bowers, Chittenden, Campbell and Wiley.
SENATE BILLS ON THE SECOND READING.
The following described Senate bills wire taken up, read a second time, and severally referred to appropriate Committees, unless otherwise stated:
The bill [S. 88] to amend Sections 31 and S4 of an act authorizing the formation of Companies for detection ad apprehension of horse thieves.
It was referred to the Committee on the Judiciary.
The bill [S. 121] to legalise the acts of a certain voluntary Association in Vanderburg County.
It was it referred to the Committee on Rights and Privileges of the Inhabitants of the State.
The bill [S. 29] to legalize the proceedings and records of the Trustees of the town of Westfield, Hamilton County.
Mr. SMITH moved that the House amendments to the bill be engrossed.
The motion was agreed to.
HOUSE BILLS ON SECOND READING.
The following described House bills were read the second time and ordered engrossed unless otherwise stated:
Mr. Gibson's [H. R. 2] to legalize the acknowledgement a'id recording of certain instruments of writing.
Mr. McMullen's [H. R. 3] to amend Section 461 of an act concerning proceedings in civil cases.
Mr. Deem's bill [H. R. 5] concerning town elections.
Mr. Williams', of Knox, [H. R. 10] to amend Section 9 of an act concerning proceedings in criminal cases.
Mr Whitsit's [H. R. 13] concerning the use of firearms.
Mr. Shockney's [H. R. 22] to equalize the assessments of taxes made by the Board of Trustees of the incorporated town of Winchester, Randolph County.
Mr. Henderson's [H. R. 29] to enable the several Counties of the State to sell and dispose of land for the benefit of the school fund.
Mr. Best's [H. R. 30] to amend Section 3 of an act to regulate the descent of heirs, approved March 2, 1855.
Mr. Patten's [H. R. 32] to create the Forty-third Judicial Circuit.
Mr. Patten's [H. R. 33] to amend Section 1 of an page: 102[View Page 102] act providing for a homestead and exempting it from sale on execution, etc.
Mr. Patten's [H. R. 34] to legalize the election of the Board of Trustees of the town of Sullivan, Sullivan County.
Mr Patten's [H. R. 35] to amend Section 16 of an act incorporating the town of Sullivan, Sullivan County.
Mr. Patten's [H. R. 36] to amend certain sections of an act concerning public offenses.
On motion by Mr. HOWLAND it was recommit to the Committee on the Judiciary.
Mr. Weaver's [H. R. 55] to prevent the sale of impure butter.
Mr. Kirkpatrick's [H. R. 53] to legalize the incorporation of the town of Bannettsville, White County.
Mr. Wilson's, of Kosciusko, [H. R. 66] to legalize the incorporation of the town of Syracuse, in Kosciusko CountY.
Mr Wilson's, of Kosciusko,[H. R. 67] to legalizing the incorporation of the town of Silver Lake. Kosciusko County.
Mr. Wilson's, of Marion, [H. R. 72] concerning taxation.
On motion by Mr. STERRETT, it was recommitted with instructions.
Mr. Adams' [H. R. 74] to amend Section 372 of the civil procedure act, approved April 7, 1881.
Mr. Gerber's [H. R. 75] to establish the Thirty-fourth Judicial Circuit.
On motion by Mr. BEST, the enacting clause was stricken out.
Mr. Heffren's [H. R. 79] concerning elections and the contest thereof.
Mr. Mutz's [H. B. 80] to prohibit the tilling of quails. Mr Heffren's [H. R 81] to protect the elections of voluntary political Associations.
Mr. Mock's [H. R, 83] to amend Section 1,629 of the Revised Statutes of 1881 concerning proceedings in criminal cases.
Mr Graham's [H. R. 85] to legalize the plats of towns and town plats additional to towns.
Mr. Jewett.'s [H. R. 89] to amend Section 346 of an act concerning proceedings in civil cases.
RELOCATION OF COUNTY SEATS.
Mr. BRAZELTON'S [H R. 91] concerning the relocation of county seats.
Mr HEFFREN moved to recommit this hill to the Committee on County and Township Business.
Mr BRAZELTON said: I hope, sir, that the motion will not prevail. I think that the Committee on County and Township Business carefully considered this bill before submitting its report. As to-the merits of the bill I am prepared, I think, to say that it is an honest and fair bill. It is a bill adapted to all the Counties of the State. It provides that 65 per cent. of The voters of the County shall vote for the relocation. Now take the County where I live, with 4 000 voters, it would require 2,600 of the voters to relocate the County Seat, and I think that if two-thirds of the voters in a County desire to change the County seat of the County they ought to be allowed to do so. Now I trust, gentlemen of the House, that the bill will not be recommitted.
Mr. JEWETT considered the only question before the House to be the one to recommit. He thought the Committee was a good one and believed that the members of the Committee had given this bill sufficient consideration before they submitted the same to the House. He felt that the Committee had done its duty. He thought that the bill should be engrossed, and when it came up for final passage the merits of the bill could be discussed.
Mr. HEFFRFEN spoke in favor of his motion to recommit. He was in under the impression that the bill had been formed for the relocation of the County seat of one County, and that in the consideration of the bill the Committee had only heard one side of the question. He was informed that there were persons present who desired to go before the Committee and represent the other side of the matter. He considered these sufficient reasons to recommit the bill,
Pending the consideration of the motion to recommit-
The House adjourned until 10 a. m. January 25.
SUBMISSION OF CONSTITUTIONAL AMENDMENTS.
Mr. WILLARD introduced the following bill [S. 156] see page 86.
A BILL for an act providing for the submission to the electors of the Stale of Indiana for ratification or rejection f any Constitutional amendment or amendments which may at any time be pro- posed and agreed to by two General Assemblies in succession, in accordance with the provisions of Article 16 of the Constitution of the State of Indiana, prescribing certain duties of officers of election and other, providing penalties for violation thereof, repealing all laws in conflict therewith, and declaring an emergency.
Whereas, We are in favor of the submission of all proposed Constitutional amendments to the people according to the provisions of the Constitution for its own amendment, and the people have the right to oppose or favor the adoption of any or bill amendments at any or all stages of their consideration and any submission of Constitutional amendments to a vote of the people should be at a time and under circumstances most favorable to a full vote, and, therefore, should be at a general election. Therefore,
Section 1. Be it enacted by the General Assembly of the State of Indiana that whenever any amendment or amendments to the Constitution of the State of Indiana shall have been proposed and agreed to by two successive General Assemblies, in accordance with the provisions of Article 16 of the Constitution of the State of Indiana, the same shall be submitted to the electors of the State for their ratification or rejection at the general election next succeeding, at which Representatives in the General Assembly shall be elected.
Sec. 2. The Secretary of State shall on the first Tuesday in October, immediately preceding said general election, cause to be prepared ballots, on each of which shall be printed the proposed amendment or amendments, numbered severally, and below any proposed amendment shall be printed the word "yes" in one line and in another line the word "no." He shall on said first Tuesday in October send to the sheriff of each County a number of said ballots, not less than three times the number of votes cast in said County at the last general election: and the Sheriff shall, Immediately after receiving said ballots, deliver to the Trustees of each Township in his County a number of said ballots not less than double the number of votes cast at said election in said Township. It shall be the duty of each Trustee to see that a number of said ballots, not less than double the number of votes cast at said election in each Precinct in his Township, be in the hands of the Inspector thereof at the opening of the polls. The Inspector shall, on request, deliver to each elector at the time of the election one of said ballots. The Secretary of State shall also procure and furnish on said first Tuesday in October, as other election papers are furnished, the blanks for the poll-lists; tally sheets and certificates required by this act.
Sec, 3 Any qualified elector may vote at such election, for or against any or all proposed amendments, by depositing one of said ballots in the ballot-box. If he in- tends to vote for any amendment he shall leave under the same the word "yes" and erase the word "no" by drawing a line across it or otherwise. If he intends to vote against any amendment he shall leave under the same the word "no" and erase the word "yes," and the votes cast shall be counted accordingly. I', 'under any proposed amendment or amendments as printed on page: 103[View Page 103] said ballots, the words "yes" and "no" shall both remain without erasure, or both be erased, then such ballot shall not be counted as a vote either for or against that amendment under which said words so remain, but no elector shall vote more than once at such an election.
Sec. 4. The laws of this State governing gen-elections as to the organization, powers and duties of election Boards, and the return and canvassing of votes, shall be observed by the several Boards of Election in making return and canvass of the votes cast at the election herein provided for, so far as they may be applicable, modified, however, as to the contents and return of certificates to correspond with the requirements of this act.
Sec. 5. The Board of Election of each Precinct shall count the votes for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify all said numbers, specifying separately the number of votes cast for any proposed amendment, and the number cast against any, and the whole number of electors who voted at the election, over their signatures or the signatures of a majority of them to the Clerk of the Circuit Court in their County within two days after the election. The Clerk of each County shall, within four days after said election, ascertain from such certificates the total vote in his County for and against each proposed amendment separately, and also the whole number of electors who voted at the election and certify the same to the Secretary of State. The Secretary of State shall, as soon as possible after the election, determine from said certificates of the Clerks of the several Counties the total vote cast in the State for and against any proposed amendment separately and also the total number of electors who voted at the election, and certify the same to the Governor; and the Governor shall immediately issue and publish his proclamation declaring therein the number of votes cast in the State for and against any proposed amendment separately, and also the whole number of electors who voted at the election. And if it shall appear that the number of votes cast in the State for any one or more of proposed amendments was greater than the number of votes cast against the same amendment, and equal to the majority of all the electors who voted at the election then each such amendment shall be deemed and taken to have been ratified by the electors of the State, and become part of the Constitution, and shall be so declared by the Governor in his proclamation. But if it shall appear that any proposed amendment has received in its favor a number of votes less than a majority of all the electors who voted at the election, then each such amendment shall be deemed and taken to have been rejected by the electors of the State, and shall be so declared by the Governor in his proclamation. For the purpose of the ratification or rejection of any proposed amendment or amendments the number of electors who shall vote at the election herein provided for shall be conclusively taken and deemed to be the whole number of electors in the State. The certificate of the Secretary of State, herein provided for, and the proclamation of the Governor, based thereon, shall be final and conclusive evidence of the number of votes cast for and against each amendment, and of the whole number of electors who voted at the election, and of the ratification or rejection of each proposed amendment, as the case may be. In all proceedings had under this act any proposed amendment may be designated by number, except in the ballots.
Sec. 6. Nothing in this act contained shall be construed to require the use of the ballots provided for in this act, to the exclusion of other written or printed ballots, and all ballots cast shall be counted and returned in accordance with the intention manifested on the face thereof.
Sec. 7. Any officer whose duty it is, under this act, to make or sign any return or certificate of the number of votes cast for or against any proposed amendment or amendments or of the number of electors who voted at the election, who shall knowingly make or sign any false return or certificate of any such number, and any officer violating any of the provisions of this act, or failing to discharge any duty by this act imposed on him, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding $1,000, to which may be added imprisonment in the County Jail for any period not exceeding six months.
Sec. 8. If any elector shall cast, or personally offer, or attempt to cast more than one ballot at such election, he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall be fined in any sum not exceeding $500, to which may be added imprisonment in the County Jail not exceeding six months. If any person shall vote, or offer to vote, on any amendment or amendments without being a qualified elector in the Precinct in which he so votes or offers to vote, he shall be liable to all the pains and penalties provided by law for the like offense at a general election.
Sec. 9. It shall be the duty of the Governor, on the first Tuesday in September immediately preceeding such general election, to issue a proclamation notifying the electors of the State of the election therein provided for. It shall be the duty of the Secretary of State to cause said proclamation and this act to be printed for the purposes of following, and transmit to the Sheriff of each County, with the ballots and blanks herein before provided for, a sufficient number of such printed copies to enable such Sheriff to deliver four of the same to each Clerk, four to each Auditor, one to each Township Trustee for himself and one for each Inspector of Election in his Township, other than himself, which it shall be the duty of such Sheriff to do. It shall be the duty of the Secretary of State to send the printed copies of this act, and the Governor's proclamation, and the ballots, poll-list, tally sheets and certificates which he is by this act required to send to the Sheriffs of the several Counties, by express to all Counties, with the County seat, of which there is communication in that manner from Indianapolis, and to the Sheriffs of other Counties by special messengers. And it shall be the duty of the Clerks of the several Counties to make in duplicate the certificates herein required from them, and to send one of said duplicates to the Secretary by mail and the others by express from every County from the County seat of which there is communication in that manner with Indianapolis and from other Counties by special messenger.
Sec. 10. The Secretary of State shall be allowed the actual expenses of printing the Governor's proclamation and this act, procuring the ballots, poll-lists, tally sheets and certificates and the expense of distributing the same and the expense of the transmission of the returns from the Clerk to him, to be audited by the Auditor of State and paid out of the State Treasury. The Sheriff of each County shall be allowed for his services $10 to be paid out of the County Treasury. The special messengers of the Secretary and the Clerks, if any shall be found necessary, shall be allowed $2 per day for the time necessarily occupied by them, and their actual necessary expenses of travel, to be evidenced by an itemized and verified account, filed with the Secretary and embraced in the expenses to be audited and paid out of the State Treasury as above provided.
page: 104[View Page 104]Sec. 11. It shall be the duty of every officer charged with any service under this act to perform the same with the utmost promptness and fidelity, but the failure of any such officer or officers to perform any duty such duty in the time or manner herein designated, or the failure of the electors in any Precinct or County to hold an election as herein provided, shall not in any manner affect the validity of such election.
Sec. 12. It is declared that an emergency exists, requiring that this act shall take effect immediately, and that the same shall be in force from and after its passage.
