Skip to Content
Indiana University

Search Options

View Options

Table of Contents

Brevier Legislative Reports, Volume XXI, 1883, 311 pp.




MONDAY, Feb. 5, 1883-2 p. m.

The LIEUTENANT GOVERNOR took the chair and directed the reading of the minutes.

The Senate's journal of Saturday's proceedings was read and approved.


Mr. COMPTON presented a petition against the repeal of the State Board of Health act, from Clay County.

Mr. BICHOWSKY presented a petition from 200 citizens of Vigo County on the same subject; also on the subject o military affairs.

Mr. HOOVER presented a petition with 167 names on the same subject.

Mr. ADKISON presented letters and memorials on the same subject; also 127 names on a petition on military affairs.

Mr. WILLARD presented a petition from Lawrence County on the subject of roads.

Mr. DUNCAN presented a petition from Brown County with forty-nine signatures, asking that the State Health Board yet be not repealed.

Mr. COMPTON presented a petition from Clay County with 285 names, on the subject of Prison labor.

These papers were severally referred to appropriate Committees, only the first one being read.


The following described bills were introduced, read The first time and severally referred to appropriate Committees:

By Mr. RAHM [S. 217] to authorize the Willard Library, of Evansville, to sell and convey by deed certain real estate situated in Evansville.

By Mr. WILLARD [S. 218] to amend Sections 94, 95, J3S and 139 of the act of March 29, 1881, concerning taxation, being Sections 6 362 and 6,363, 6,407 and 6,408 of the Statutes of 1881, concerning listing of railroad tracks for taxation at not less than 812 000 per mile -'or e?ich mile of said track By

Mr. BELL [S. 219] to authorize and empower Gas Light and Water Works Companies to extend their mains and supply gas or water beyond the corporate limits of cities or towns rot exceeding five miles beyond the corporate limits. He said the view is to supply manufacturing Companies beyond the limits of towns and cities, and was there a full Senate he would move for a dispensation of the rules that the bill may be passed to the final reading now, but as the Senate was slim he moved its reference to a Special Committee of Three.

The motion was agreed to and the LIEUTENANT GOVERNOR made the Committee to consist of Messrs. Bell, Van Vorhis and Spann.

By Mr BELL [S. 220] to repeal Section 105 of the act concerning taxation of March 29, 1881, being Section 6,373 of the Revised Statutes of 1881. [relating to the taxation of Building, Loan Fund and Savings Associations.]

By Mr. WILLARD [S. 221] to amend the act to provide compensation to owners of animals killed by any Railroad Company in this State. being Section 4,025 of R. S. of 1881; also Section 4,026 to 4 032 of the said Revised Statutes of 1881. 1881.

Provides that in case any animal Is killed or injured on any unfenced railroad the owner shall have a right of action in the name of the State of Indiana on the relation of the owner, said action to be brought by the Prosecuting Attorney. On the action succeeding the railroad shall be not less than three nor more than five tinges the value of the stock killed, the Prosecuting Attorney to get one-quarter of the judgment, and the finding of an animal dead on the road to be presumptive proof that the animal was killed by the Railroad Company.

By Mr, SPANN [S. 222] to amend Section 1 of the act concerning drainage, being Section 4,273 of the Revised Statutes of 1881. [The Circuit Judge to appoint two Drainage Commissioners to serve three years.]

[By inserting near the middle of said section these words: "The County Surveyor, if he be a civil engineer, shall be ex officio a Commissioner of Drainage. If the County Surveyor be not a civil engineer, which fact shall be ascertained by the Judge aforesaid, said Judge shall appoint a competent surveyor, who shall be a civil engineer, to act as such Commissioner of Drainage, the term of office of the surveyor and civil engineer to expire upon the election and qualification of a County Surveyor as provided by law."]

By Mr SPANN [S. 223] to amend the drainage and reclamation of wet land act, being Section 4,305 of the Revised Statutes of 1881.

page: 158[View Page 158]

By Mr. FAULKNER [S. 224] to abolish the office of State Librarian and providing for the disposition of books, etc., belonging thereto and that the books shall be transferred to the State University.

By Mr. WILLARD [S. 225] to repeal the act authorizing aid to railroads by Counties and Townships, approved May 12, 1869, also the act approved March 17, 1869, being Sections 4,045 to 4,057 and 4,059 to 4,053, inclusive, of the Revised Statutes of 1881.

By Mr. WILLARD [S. 226] to repeal Sections 2 to 8, inclusive, of an act regulating the issuing and taking up of tickets and coupons of tickets by common carriers, approved March 5, 1875, being Sections 2,905 to 2,911, inclusive, of the Revised Statutes of 1881.

The LIEUTENANT GOVERNOR announced the order to be consideration of Senate bills on the second reading.

Mr. SPANN, recognizing the importance of a quorum at least during the consideration of bills on the second reading, demanded a call of the Senate.

The demand was seconded and being ordered and taken discovered thirty-four Senators present and answering to their names.

On motion by Mr. HENRY further proceedings under the call were dispensed with.


The Senate proceeded to the consideration of the unfinished business Friday afternoon-being Mr. Smith's, of Delaware, bill, [S. 58] concerning weights and measures.

Mr. SMITH, of Delaware, has discovered the section sought to be amended has been repealed, consequently he moved the bill and amendment pending be referred to the Committee on Phraseology.

The motion was agreed to.


Mr. Yancey's bill, [S. 62] to prohibit certain animals from running at large, was read the second time with a proposed Committee amendment, which was concurred in. The bill was ordered engrossed for the third reading.

On motion by Mr. BENZ his bill [S. 6] for the election of Supervisors of highways, the special order for 2:30 o'clock to-day, was postponed till to-morrow and made the special order for 2:30 p. m.

Mr. Van Vorhis' bill [S. 107] defining powers of attorney, and providing for recording the same, was read the second time with Committee amendments, which were concurred in. It was ordered engrossed for the third reading.

Mr. Hutchinson's bill [S. 50] concerning the official term of the Directors of the Northern Prison, was read the second time with a report from a majority of the Committee on Prisons, recommending its passage and from a minority of the Committee reporting new matter for the bill.

On motion by Mr. Benz it was passed over informally in the absence of the author of the proposed substituted bill.

Mr. Duncan's bill [S. 66] to amend Section 2 of the amended Common School law of March 6, 1865, and March 8, 1873-concerning Township Trustees-was read the second time with a Committee report favorable to its passage. The bill was ordered engrossed for the third reading.

Mr. Hilligass' bill [S. 147] to amend Section 4,369 of the 1881 Code, requiring school funds to be loaned at 6 per cent, was read the second time with a Committee report recommending that it lie on the table. The report was concurred in.

Mr. Ristine's bill [S. 37] to amend Section 67 of the criminal proceedings act-see page 30 of the Brevier Reports-was read the second time with a Committee report recommending indefinite postponement. The report was concurred in.

Mr. Marvin's bill [S. 139] to protect gravel and paved roads from heavy burdened wagons-see page 72 of the Brevier Reports-was read the second time with a favorable Committee report. The bill was ordered engrossed for the third reading.

Mr. White's bill [S. 135] to amend Section 34 of the Common School law of March 6, 1865, being Section 4,425 of the Revised Statutes of 1881-see page 72 of the Brevier Reports-was read the second time with a Committee report embracing an amendment. The report was concurred in.

Mr. Foulke's bill [S. 47] to amend Section 1 of the Public Library act approved March 7, 1881, being Section 4,524 of the Revised Statutes of 1881-see page 35 of the Brevier Reports-was read the second time with amendments in a Committee report. The report was concurred in; the bill was ordered engrossed.

Mr. Macartney's bill [S. 52] to amend Sections 218, 227 and 228 of act approved March 29, 1881-see page [?]8 of these Brevier Reports-was read the second time, with Committee amendments. The report was concurred in and the bill ordered engrossed.


Mr. FLETCHER presented a proposition from James C. Ferguson to sell to the State for a Governor's residence the property on the southwest corner of Meridian and Michigan Streets, Indianapolis, 80x203 feet more or less, a three-story brick of twenty-two rooms and ball room, with two story brick barn and coach house, 20x65, for $70,000. Whereupon Mr. F. offered the following:

Resolved, by the Senate, the House concurring therein, That a Committee of five Senators and seven members of the House be appointed to inquire into and report to the Senate relative to said memorial.

The resolution was adopted.

The Senate adjourned till 10 a. m. to-morrow.

CORRECTION-Under the head of Saturday's Senate proceedings, where it is stated that "reports from Committees have recommended the following described bills be laid on the table, the bill S. 55 is one, but the author and title is incorrect. It is Mr. May's bill [S. 55] to amend Sections 322 (60) of the Revised Statutes of 1881, being an act concerning elections and contest thereof, approved April 21, 1881, and declaring an emergency. * *