THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Feb. 6, 1883-10 a. m.The Senate met at 10 o'clock, the LIEUTENANT GOVERNOR in the Chair, who directed the reading of the Secretary's minutes of yesterday's proceedings after prayer.
On motion bv Mr. BUNDY the reading of the journal was dispensed with.
NEW PROPOSITIONS.
The following described bills w re introduced, read the first lime, and severally referred to appropriate Committees, unless otherwise stated:
By Mr. BUNDY [S. 227] to amend Sections 3. 4 and 12 of an act concerning drainage, approved April 8, 1681.
By Mr. JOHNSON [S. 228] for the incorporation of Mercantile and Commercial Companies. [Wholesale or retail or both ]
By Mr. HILLIGAS [S. 229] regulating the business of Express Companies in this State in the transportation of gold or silver coin or paper currency. Shall ascertain by actual count the amount and enter in a book the sum, and execute to the consignor a receipt specifying the exact amount, etc., etc.
By Mr. MAGEE [S. 230] to amend 4 025 of the Revised Statutes of l88i, concerning the killing of stock by railroads, action to be commenced within six mouths from time of killing.
By Mr. SMITH [S. 231] to amend Sections 1 and 2 of an act concerning the purchase by County Boards of free roads, of April 9, 188[?], being Sections 5 107 and 5,108 of the Revised Statutes of 1881.
By Mr. SAYRE [S. 232] concerning the fees of Clerks in decedent estate claims.
By Mr. BELL [S. 233] to provide for holding terms or parts of terms of the Circuit Court where the Judge is sick or by any unavoidable cause incapacitated. [The Judge may appoint in writing a Judge pro tem.]
By Mr. BENZ [S 234] changing the Second Judicial Circuit attaching Perry County to the Third Judicial Circuit-Crawford, Harrison and Perry; the Second Circuit-Spencer and Warrick from and after the first Monday in next month.
By Mr. FOULKE [S. 235] to authorize Boards of County Commissioners in each County to construct a Jail for f ma^ie prisoners.
By Mr. HOOVER [S. 236] fixing commutations of terms of sentence, on account of good behaviour, of persons confined in State's Prisons.
By Mr. MACARTNEY [S. 237] to provide for transfer and reading of wills where title of real estate is changed by will.
By Mr. MAGEE; [S. 238] to amend Section 2 of the act authorizing cities and towns to construct and maintain water works of November 25, 1879 being Section 3,266 of the Revised Statutes of 1881. He said the only thing in it was to authorize the Condemnation of property after the works are erected. It affected no other city in the State but Logansport
By Mr. NULL [S. 239] to repeal Section 3 of an act concerning aliens, of April 18, 1881-being Section 2,967 of the Revised Statutes of 1881. [A similar bill has been reported favorably by the Judiciary Committee.]
By Mr. VOYLES [S. 240] to amend Section 23 of an act concerning elections, of April 21, 1881, and the contest thereof. [All ballots shall be printed on plain white paper, without distinguishing marks, to be used in envelopes of plain white, sealed, 3 1/2 x 2 1/2 inches.
By Mr. BELL [S. 241] to prevent speculating in human lives under the guise of insurance.
By Mr. HILLIGASS [S. 242] to fix the term of city officers four years, to begin in ten days after election.
By Mr. BUNDY [S. 243] to prohibit diseased animals from being led, driven or rode into any public place
By Mr. VAN VORHIS [S. 244] to legalize certain records m the offices of Town Recorders in all cities of 50,COO and over by the last census [where a system of making and maintaining indexes of records of instruments required to be recorded has been adopted and pursued continuously for thirty years, shall be legal and continued in force.]
By Mr. FOULKE [S. 245] concerning the sale of intoxicating liquors. [The owners of buildings to be liable severally or jointly with the seller or giver for damages resulting from liquors obtained therein, with the knowledge that intoxicating liquors are to be sold therein; and unlawful sale page: 162[View Page 162] or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract for the renting of said property.]
EXECUTIVE APPOINTMENTS.
Mr. BUNDY moved that the Committee on Executive Appointments be required to report back the Governor's appointments for Superintendent and Trustees of the Benevolent Institutions immediately.
On motion by Mr. BROWN this motion was laid on the table by yeas, 2[?]; nays, 19.
PETITIONS, MEMORIALS AND REMONSTRANCES.
Mr. Bundy presented a petition praying for appropriations in favor of encouragement and support of the militia forces of the State. Like petitions were presented by Messrs. Rahm, Johnson, from Tippecanoe; Foulke, from Wayne County; Hutchinson, from Laporte County; Keiser, from Pulaski County; Van Vorhis, Marion County, and Mr. Campbell, from St. Joseph.
Mr. Fletcher presented petitions from several Counties against the repeal of the Board of Health act. Mr. Magee and Mr. Overstreet presented similar petitions.
Mr. Johnson presented a petition for the abolishment of Prison convict contract labor.
Mr. McCarthy presented a petition praying for a law taxing foreign Fire Insurance Companies doing business in the State for the benefit of volunteer Fire Companies.
These petitions were referred to appropriate Committees,
GAS AND WATER MAINS OUTSIDE OF CITIES.
Mr. BELL, from the Special Committee thereon, retuned his bill [S. 219] introduced yesterday to authorize Gas and Water Works Companies to extend their mains not exceeding five miles beyond the corporation limits of any town or city, with a favorable report thereon.
On motion by Mr. VAN VORHIS, the Constitutional rule was set aside-yeas, 34: pays, 8, the report concurred in after the bill was read the second time by title only; they'll considered as engrossed, read the third time and passed the Senate by yeas, 43, nays, 1.
Mr. HENRY fearing the bill would cut out Companies hereafter organized, by unanimous consent the words "now organized' were stricken from the bill.
BUSINESS IN THE SUPREME COURT.
Mr. HENRY offered a resolution calling upon the Clerk of the Supreme Court to report the number of appeals pending in the Supreme Court on the 1st day of January, 1881, and January 1, 1883: also the number of cases decided therein during the two years preceding and the two years following January 1, 1881.
It was adopted.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. Johnston's bill [S. 102] to amend the act for the organization of the Asylum, for the Feeble Minded Children was read the second time, with a Committee report recommending its amendment. The amendments were concurred in and the bill ordered engrossed for the third reading.
THE NORTHERN PRISON.
Mr. Hatchinson's bill [S. 50] concerning the official term of the Director of the Northern State Pris )n was read the second time, with a favorable report from a majority of the Committee on State Prisons, and a minority report recommending a substitute bill requiring one of the Directors to be selected from the present Board, so as to have an experienced member of the Board, etc., etc.
Mr. Campbell stated the object of the minority report, because of the benefit of experience, to place the Board in better shape to transact its business. Conceding qualifications which always accompany experience, the minority report recommends the selection of one experienced Director, who can give the benefit of experience to the other members. Anoiher object of the substitute: It provides for the election of successors after the terms of these officers expire, which latter latter measure is not in the original bill.
Mr. VOYLES said the Directors already selected are men placed in the positions because of their qualification. The object of the bill is to make the Board of Directors serve for a term of four years-both Prison Directors should serve the same length of time.
The minority report was rejected by yeas, 19; nays, 23.
The majority report was concurred in.
The bill was ordered engrossed for the third reading.
ROADS AND HIGHWAYS.
On motion by Mr. BENZ the Senate took up the special order for this hour [2:30 o'clock p. m], being his bill [S. 6] for the election and appointment of Supervisors of Highways.-See pp. 98 and 131 of the Brevier Reports.
Mr. Henry's substitute bill-see page 98-was rejected by yeas, 21; nays, 24.
The question recurring on the minority report recommending the substitution of new matter-
Mr. RISTINE explained the substitute embodies two sections from Mr. Voyles' bill with reference to working out road tax in the Township
Mr. VOYLES said that law does not provide for filling a vacanc in the office of Road Superintendent; and if other respects could be improved, but there is such a clamor for the old law he believed it better to pass the bill No 6 as introduced. He hoped She minority report would be temporarily, at least, rejected. If the bill No. 6 fails then he would be in favor of the minority report.
The minority report was rejected by yeas, 19; nays, 27.
The majority report of the Committee was concurred in by yeas, 31; nays, 14.
Mr. MARVIN moved to amend the bill by requiring the Supervisor to be a freeholder for the reason that the Supervisor should be a responsible man, and if not a freeholder he can not be made legally responsible.
Mr. BUNDY opposed the amendment. If there is any reason why a man, In order to be a Road Supervisor should be a freeholder, he did not know of it. There are many irresponsible men who own land and many responsible men who do not own any land.
Mr. BROWN thought every man should have a fair chance to obtain public favor. He desired to see every honest, aspiring young man have a fair Chance to become a Road Supervisor.
Mr. BENZ said: "I am opposed to that amendment, and will state my reason. When I was a young man I was elected Supervisor, and I did it so well I was elected twice, when I was elected School Trustee Then I was elected County Coroner, and held an inquest on a nigger twice. [Laughter,] On the same nigger twice. [Renewed laughter.] I'll tell you how it was about that nigger I held an inquest over twice, I gave a man $5 to bury him, and he put him in the river with a stone around him; but the rock got loose and they found him again and I had another inquest over him [Laughter.] Then they elected me as Representative, and twice as Senator, and next step I'm going to beat my friend Browne for Congress. [Applause]
Mr. WILLARD moved to amend the amendment by adding the words "or householder."
Mr. SPANN objected to both amendments. If we are going back to the old law let it stand free to all.
Mr. MARVIN insisted the Supervisor should be legally responsible, so he can be compelled to do page: 163[View Page 163] his duty. One reason the old law became unpopular was the Supervisor was irresponsible in many cases and would not be forced to do his duty.
Mr. FAULKNER worked four years ago in the House of Representatives to get the property qualification out of the law. It does not require property to make a man tell the truth and be honest. He favored an open field and a fair fight.
Mr. WILLARD withdrew his amendment to the amendment so that the question may come directly on the freeholder question.
Mr. SPANN moved to lay the amendment on the table.
The motion was rejected-yeas, 17; nays, 28.
The amendment was rejected by yeas, 2; nays, 43.
Mr. MAGEE moved to amend so as to prevent Supervisors giving a reciept for road tax when the work has not been done, for the reason that the Supervisor sometimes gives a receipt for work done, before it is done, in fact, and there ought to be a clause in the bill preventing such action.
It was agreed to.
Mr. VOYLES moved to amend by requiring Township Trustees to appoint a Road Supervisor to serve till a successor is elected.
Mr. RISTINE thought the work already commenced ought to be closed up and provision so made in the bill.
Mr. WILLARD understands the proviso continuing the present Supervisors in office until April 1884, will permit them to operate this new law until that time-this bill having no emergency clause.
Mr. HENRY moved to amend the amendment by making the road districts an area of not less than six square miles.
Mr. VOYLES accepted the amendment. He desired to have the law go in operation as soon as passed, thereby lagislating out the officers under the present system.
Mr. SPANN opposed the amendment. The complaint against the present law seems to be the failure of means to raise revenue to put in the hands of the road superintendents. Let the majority report prevail-continue the present law one year longer.
Mr. HENRY did not understand the provisions of this bill were to be carried out by the present officers.
Mr. SPANN, if mistaken, would be glad to see the bill amended.
Mr. RAHM opposed the amendment. In his County the roads needed working badly. Men were called out and got the roads in order and were given orders on the Treasurer which will be used next month in paying taxes. He did not want such cases cut out.
Mr. SPANN moved to amend by way of substitute that this act shall not take effect until April, 1884. This would cure the defect in the section to which his attention was called by the Senator from Madison [Mr. Henry].
Mr. CAMPBELL favored the amendment believing it would meet with approbation in the northern part of the state.
Mr. BROWN considered laws should take effect upon publication throughout the State, or in cases of emergency as provided in the Constitution. A demand for the old law can not well be met by re-enacting it and providing it shall not take effect for some fourteen months to come.
The substitute [Mr. Spann's] was adopted by yeas, 23; nays, 22.
Mr. HENRY moved to amend by adding that the road districts shall not be less than six square miles of area.
It was agreed to.
Mr. HENRY moved to amend by limiting the time to thirty days' pay in any one year to the Supervisor.
It was agreed to.
Mr. KEISER moved to amend by increasing the Supervisor's pay from $1.50 to $2.
Mr. BENZ objected; $1.50 is enough.
Mr. SPANN favored the amendment.
Mr. VAN VORHIS moved to insert "$2.50" in place of the "$2" in the amendment.
Mr. WHITE thought $1.50 a day would be satisfactory to the farming community generally.
The amendment to the amendment was rejected by yeas 2; nays, 14.
Mr. VAN VORHIS moved to lay the amendment on the table.
Mr. BROWN demanded the previous question on this motion.
The demand was not seconded-affirmative, 21; negative, 22.
Mr. KEISER withdrew his amendment.
Section 1, as amended, was adopted.
On motion by Mr. HENRY the word "biennial" was substituted for the word annual in Section 3, where it occurs before the word "election."
Mr. VAN VORHIS moved to strike out Section 4. We ought to be able to secure supervision without making it a penal offense for them to refuse.
The motion was rejected.
Mr. HILLIGASS moved to amend Section 5 by requiring a $100 bond of the Supervisor for faithful discharge of his duties.
Mr. HENRY offered a substitute for this amendment for a $300 bond.
Mr. MAGEE opposed both the amendment and the substitute. The Supervisor is compelled to serve, and it would be an additional hardship to require a bond, which in many instances would be difficult to comply with.
Mr. HENRY insisted on making as good a law as possible out of this: if it is a foregone conclusion it must be passed, as it seems to be. There ought to be a bond given. There should be some safeguards placed in the bill.
Mr. VAN VORHIS favored this amendment, but there is the trouble in Section 4, which ought to be stricken out.
Mr. MARVIN saw the Senate coming back to where he desired the start-to make the Supervisor responsible. He opposed requiring a bond of the Supervisor, as the bill stands.
Mr. HENRY withdrew his substitute and-
Mr. HILLIGASS amends his by making the Supervisor's bond $200 condition for a faithful discharge of his duties.
The amendment was agreed to.
Mr. GRAHAM moved to add a proviso if such Supervisor be unable to give bond, such inability shall be a defense to the collection of the forfeiture provided in Section 4.
The amendment was agreed to.
Pending the consideration of Section 5-
The Senate adjourned.
