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




WEDNESDAY, Feb. 7, 1883-10 a. m.

The Senate met at 10 o'clock, Lieutenant Governor Hanna in the Chair.

On motion by Mr. HENRY, the reading of the Secretary's minutes of yesterday's proceedings was dispenced with.


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

By Mr. HENRY [S. 246] to amend Section 10 of an act concerning drainage of April 8, 1881, and declaring an emergency-being section 4,282 of the Revised Statutes of 1881. [Concerning assessment on lands for repair of di[?]cnes ]

By Mr. CAMPBELL [S. 247] to provide for the more profitable and equitable hiring by the State of the convicts in the State Prison, and to amend Section 10 of the State Prison act, being Section 6,138 of the Code of l88l, so as to prevent contractors, getting a monopoly of the convict labor. [Proposed contracts shall be advertised by the Prison Directors for ten days in two of the leading dally papers of Indianapolis, Chicago and Cincinnati, and by such othes means as the Directors may deem profitable. When exclusive right to manufacture any article is given, any subsequent addition of convicts by new contract shall not extend beyond the expiration of the first pending contract. New contracts to take effect at the expiration of the old shall be made sixty days before the expiration of the old ]

By Mr. SPANN [S. 248] to provide for a Constitutional Convention to amend, alter or make a new Constitution for the State of Indiana. [The members of the Convention are to be fifty in number, to be chosen from the several Senatorial Districts at an election to be held on the first Monday in April, 1883. The Convention is to meet in Indianapolis on the first Thursday in June, 1883, and its members are to be allowed $10 per day. The mode in which the business of the Convention is to be conducted is set forth, and the new Constitution, or such amendments as shall be recommended for adoption, are to be submitted to the vote of the people within thirty days after the first Monday after the Convention adjourns.]


The LIEUTENANT GOVERNOR laid before the Senate a remonstrance from the City Council of Indianapolis against the passage of the Metropolitan police bill. It was referred to the Committee on Corporations.


The LIEUTENANT GOVERNOR announced the unfinished business of yesterday, being the consideration of a special order pending at the adjournment.

Mr HENRY raised the point of order that under the rules of the Senate, No. 54, Wednesday's business supersedes the unfinished business, even were it a special order.

The LIEUTENANT GOVERNOR decided that, in the absence of our rules we should be governed by the rules of the lower House or Congress, by which Wednesday's business takes precedence unless the special order was made to run from day to day until completed.


Mr. Hillgass' bill [S. 48] providing for the appraisement, purchase and convertment of toll roads into free roads, was read the third time.

Mr. SMITH, of Delaware, disliked to oppose any measure of this kind, but did not believe this bill would meet the wishes of its author or its friends; Under former laws citizens owning adjoining land were assessed heavily for building roads, and some roads constructed never have paid a dividend. The proposition now is to reassess these very same lands for the purchase of these roads. This is manifestly unjust. The bill also provides that a majority of these landholders shall first petition for the purchase, thus making the bill in-operative and ineffective, because you can not procure the petition of these men to assess themselves. He favored a bill to allow the purchase of gravel and Other toll roads and their conversion into free roads.

Mr. HILLIGASS insisted the reference to an old law inoperative was not pertinent to this bill. That is no reason why the proposed bill should not be practicable. This bill has had the careful consideration of some of the best lawyers in his District. If the people along the line of pike, within the limit of three miles, are willing their page: 168[View Page 168] real estate should be taxed for its purchase, surely no one should stand in the way. He cited instances where farmers pay more than four or five years than the assessment on their land would be to purchase the road and convert it into a free gravel road. The limit to payout these bonds under the bill is ten years. It applies to all land within a mile and a half on either side, and within the beginning and the terminus of the line.

Mr. SMITH, of Jay, also hoped the bill would pass. It affects no law concerning gravel roads now on the statute books. In his County there is a six mile road from the County seat which the people desire to connect with another road and convert this toll into a free gravel road. For this and other reasons he hoped this measure will prevail.

Mr. VAN VORHIS feared that under this bill non-paying roads would have an advantage in selling non-productive roads to County Boards and thus make the land alongside pay twice-once for the original construction, and then again for the purchase of the same roads. He objected to this double assessment as not fair or just.

Mr. HILLIGASS saw no argument against the passage of this bill in what had been said. Where owners of land are wiling to encumber their real estate to purchase gravel roads running alongside the Legislature should not object.

Mr. HENRY objected to this bill in Section 2 where it provides for a wrong system of appraisement. As has been said frequently such stock is literally worth nothing in the market. The bill provides the assessment shall be at what it would cost to build the road, while the stock in the market may be worthless.

Mr. HILLIGASS: You forget the fact that if the owners and purchasers agree on a price it is a matter entirely with them.

Mr. HENRY: That is the difficulty. There may be ten men living along the road who have bought up the stock at ten cents on the $100, and under this bill they would take out the pockets of their neighbors what it would cose to out the road there. The assessment should be the value of the stock.

Mr. SPANN thought the Senator from Madison [Mr. Henry] had the wrong theory. He favored the bill.

Mr. FOULKE: The theory advanced by the Senator from Henry is undoubtedly correct, but the bill provides the case value of the road is to be determined. In determining the rent of a house not rentable for a percent, on the cost of construction it would not be valued at the cost of putting it up; and so it will be with assessments made under this bill.

Mr. VAN VORHIS moved to postpone indefinitely the further consideration of the bill.

This motion was rejected by yeas, 3; nays, 33.

Mr. FOULKE moved to recommit the bill to a Committee of One, with instructions to strike out the words "bridges and culverts," and "provided that the finding of the Court shall be final." There is no more reason why the finding of the Court should be final in this case than in cases where any other equitable relief is asked.

The motion was rejected.

Mr. CAMPBELL explained, while he desired some such measure should receive the approval of the General Assembly there were inequitable provisions in this bill which compelled his negative vote.

The bill failed to pass for want of a Constitutional majority-yeas, 21; nays, 18.


Mr. Fletcher's bill [S. 67] to authorize municipal corporations to invest their sinking fund temporarily in the bonds of the United States Government or Indiana State or County bonds, was read the third time.

Mr. VAN VORHIS explained its aim was simply to permit a temporary investment of any funds belonging to any city or town in Government bonds or Indiana State bonds at the hands of any County in this State.

The bill passed the Senate-yeas, 35; nays, 3. Then came an adjournment till 2 o'clock.


Mr. Voyles' bill [S. 91] was read the third time-designating a name by which the House of Refuge for the correction and reformation of the juvenile offenders shall hereafter be known providing for the appointment of Commissioners and prescribing their power and duties, and regulating the commitments thereto, and for the more efficient and uniform government of said Institution; also, authorizing the Governor to commute the sentences of boys under twenty-one years and declaring emergency.

On motion the further consideration of this bill was postponed, and made the special order for Friday at 11 o'clock a. m.

Mr. Yancey's bill [S. 62] to prohibit certain animals-horses, mules, meat cattle and sheep-from running at large in this State was read the third time.

Mr. YANCEY regarded it almost impossible to fence land with growing crops thereon because of the scarcity of timber. He hoped the bill would pass. A similar bill was before the Senate last session, at which time it was pretty thoroughly discussed, and the need of such a law is pretty generally recognized.

The bill failed to pass for want of a Constitutional majority-yeas, 22; nays, 12.


Mr. Hilligass' bill [S. 124] to authorize cities to permit municipal taxes to be paid in installments-one-half on or before the third Monday in April and the first Monday in November, being read the third time-

Mr. MAGEE explained as the law now stands city taxes are payable but once each year. This bill proposes to allow them to be paid as County and State taxes are-in semi-annual installments.

The bill passed the Senate by yeas, 16; nays, 10.

The motion by Mr. HUTCHINSON his bill [S. 50] concerning the official terms of the Directors of the Northern Prison was made a special order for Friday at 11:30 o'clock.


Mr. Johnson's bill [S. 102] to amend Sections [?] and 4 of an act to provide for the organization and support of the Asylum for the Feeble Minded Children. [For the reorganization of said institution-the Board to hold two for four years and one for one year; to have, also, control of the Soldiers' Orphans' Home.] It was read for the third time.

Mr. BROWN moved to make this bill a special order for Friday at 11:15 o'clock.

This motion was rejected by yeas, 25; nays, 18, for want of a two-thirds vote.

Mr. SPANN believed this the law of 1879 increasing the salary to $500. He opposed the bill on the ground of economy. From Rush County there comes here one of these Trustees who says he is securing enough money for the labor he is performing, saving it would be an iniquity and unjust to pay the Trustees any more. Mr. Spann opposed the bill of 1879 because it destroyed the Soldiers' Home, wiped out its distinctive features, and made it subservient to the feeble minded and idiotic children of Indiana, making them subservient to the small-headed idiots of the State. A Republican Trustee of this Institution has been upon the floor of this Senate demanding that this bill shall not be passed, because the money paid to him is enough and more than enough to pay for the services rendered. He wanted it to go out to the country that the Democracy are anxious to raise salaries of these Trustees in the face of these statements. page: 169[View Page 169] He never would east a vote that would put to shame the soldiers and soldiers' orphans of Indiana or elsewhere. He demanded the previous question.

The demand for the previous question was seconded-yeas, 36; nays, 9-and under its operation-

The bill passed by yeas, 26; nays, 19.

Mr. HILLIGAS3 voting therefor, with the understanding that the bill does not increase the pay of Trustees.

Mr BROWN moved to reconsider the vote by which the bill was passed and to lay the motion to reconsider on the table.

The latter motion was agreed to by yeas, 25; nays, 16.


The bill [H. R. 27] for an appropriation for the completion of construction and furnishing of the Department of Women for the Indiana Hospital for the Insane and for the construction of warehouses and woodhouses [$42,000 for completion; $10,000 for furnishing: $5,000 for warehouse, and $2,500 for coal-houses. Total, $59,500.]

Mr. MARVIN, recognizing the importance of immediate action on this bill, moved for a dispensation of the Constitutional rule that the bill may be pressed to its passage now. This money was appropriated two years ago, but for some reason has not been used and the money is doing nobody any good.

The motion was rejected-yeas, 25; nays, 35.

Mr. WILLARD, explaining his negative vote: He is willing to grant everything necessary in this case, but unwilling to pass an appropriation of this kind without examination by a Committee.

The bill was referred to tne Committee on Benevolent and Reformatory Institutions.


The bill [H. R. 231] to amend an act for fixing the Court terms in the Fourth Judiciary Circuits, concerning Floyd and Clark Counties-was read the first time.

Mr. McCLURE moved to refer the bill to the Committee on Organization of Courts, with a proposed amendment making the Courts to convene in January Instead of December, in the County of Clark.

The motion was agreed to.

The bill [H. R. 212] to fix the time for holding Courts in the Thirty-third Judicial Circuit affecting Whitley and Kosciusko Counties-was read the second time with a favorable Committee report. The bill was passed to the third reading.


The PRESIDENT pro tem. [Mr. Spann in the Chair] announced the order of the day-the consideration of the bill pending at the adjournment yesterday [S. 6] to provide for the election and appointment of Supervisors of Highways.

Mr. WHITE moved to insert "ten" instead of "eight hours" in Section 6 for a day's work.

It was agreed to.

Mr. MAGEE moved to strike out the words "and under fifty years" in Section 6. He knew no reason why a man over fifty years of age should not work on the road.

Mr. SMITH of Jay, moved to amend the amendment by inserting the words "Under sixty years of age."

Mr. DAVIDSON and Mr. HILLIGASS opposed both the amendments. Men over fifty who have been exempt should, not be again brought back to road work. "

Mr. HENRY favored the amendment.

The amendment to the amendment was rejected by yeas, 6; nays, 28.

The amendment was also rejected.

Mr. HILLIGASS made an ineffectual motion to strike out the last words in Section 6, viz.; "Although such person may be in some respects deformed."

Mr. HENRY moved to amend Section 7 by inserting the word "mule" and the words "road scraper or road scoop."

Mr. RAHM favored the mule part of the amendment inasmuch as there are but few horses or oxen in his County.

The amendment was agreed to.

Mr. BUNDY moved to amend Section 2 by adding a proviso preventing voting for a Road Supervisor in any other District than the one in which the voter resides.

The amendment was agreed to.

Mr. VAN VORHIS moved to amend by inserting $1.50 instead of $1 per day wherever it occurs in Section 10.

Mr. HENRY moved to make it $1.25.

Mr. WILLARD opposed both amendments.

Mr. RAHM did not believe in starving a man on $1 a day; $1.25 is little enough.

The amendment to the amendment [Mr. Henry's] was agreed to, and the amendment as amended was also agreed to.

On motion by Mr. VAN VORHIS $1 was made to read $1.25 in Section 11.

On motion by Mr. HENRY 25 "was inserted after the word dollar" in section 13.

Mr. HENRY moved to amend Section 15 so as to give credit for the same class of work done by inserting the words "similar extra" after the word "subsequent."

It was agreed to.

Mr. ADK1NSON moved to strike from Section 16 the words: "Unless he should deem them unreasonable, in which case he may reduce the amount"-striking out this discretion. The Supervisor with the disinterested persons are better qualified to judge in such cases than the Trustees.

Mr. MAGEE thought this feature may be unconstitutional, though favoring the amendment.

Mr. HOWARD offered a substitute by providing that appeal may be made to the Circuit Court in the question of damages.

Mr. ADKISON made the point of order that the substitute is not germane.

The PRESIDENT pro tem [Mr. Spann in the Chair] sustained the point of order.

On motion by Mr VAN VORHIS this section was referred to the Senator from Crawford [Mr. Benz] with instructions to amend as suggested by Mr. Magee. That there should be provisions made for appeals in all cases of damages under the rules of practice governing like cases.

The Senate adjourned until to-morrow.