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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.

INDIANA LEGISLATURE.

IN SENATE.

THURSDAY, Feb. 8, 1883-10 a. m.

The Senate met. Lieutenant Governor Hanna in the Chair, who directed the readings of the minutes of yesterday's proceedings.

On motion of Mr. HUTCHINSON the reading thereof was dispensed with.

PETITIONS, MEMORIALS AND REMONSTRANCES.

Mr. YANCEY presented a petition from Han- cock County providing that the Board of Health Committee be not disturbed. Like petitions were presented by Mr, Smith, of Jay, and Mr. Overstreet and Mr. Hening.

Mr. Graham, by request, presented a remonstrance against the erection of Brush electric light towers in Evansville.

Mr. Kaiser presented petitions in favor of a law to prevent convict Prison labor from coming into competition with free labor. Similar petitions Were presented by Mr. Johnson.

These petitions were severally referred to appropriate Committees.

NEW PROPOSITIONS.

The following described bills were introduced the first time and severally referred to appropriate Committees, unless otherwise stated:

By Mr. FAULKNER (by request), [S. 249] to prevent and punish the sale of adulterated articles of food, drink or medicine, whether injurious to health or not, unless the notice that the same is mixed is plainly marked thereon, or on the package containing it; and so informing toe buyer of the fact. Receipts from fines to go to the school fund.

By Mr. BELL (by request), [S. 250] to establish provisions respecting private corporations existing under corporate laws prior to 1852.

By Mr. HILLIGASS [S. 251] to amend Sections 2 to 10 Inclusive of an act concerning drainage of April 8, l881, being Sections 4,275 to 4,[2?]82 inclusive of the Revised Statutes of 1881. [ Amending the Circuit Court drainage law, by allowing lands in the Indian Reservation to be described in the petition. Provides that where lands are described as they appear of public record it shall be sufficient. That all objections to the petition and viewers must be made before viewers go out and giving additional grounds of remonstrance; following supplemental petitions; allowing Counties to be assessed in certain cases, and providing for the keeping in repair of ditches.]

By Mr. ADKISON [S. 252] to amend Section 67 of an act entitled concerning Criminal Courts, approved April 12, 1881-see Code, Section 1,640. [So that whenever any act is (or has been) made a public offense and also made punishable by my ordinance of any incorporated city or town, all prosecutions for any such offense before any Judicial officer of such incorporated city or town within the jurisdiction of such officer, shall be had under such city ordinance, provided that the offender shall not be made twice liable for the same offense.] Mr. A. states that under the present law such offenses are punishable under the State law as State offenses, and the object of his bill is to make them punishable under town or municipal laws, so as to give the town or city the benefit of the fines collected.

By Mr. McCLURE [S. 253] to amend Sections 8, 29, 71 and 87 of an act defining County boundaries on the Ohio and Wabash Rivers approved January 7, 1882, effecting the Counties of Grant, Blackford, Washington, Clark and Scott.

By Mr. RISTINE [S. 254] to authorize Boards of County Commissioners co construct or repair gravel or other roads on County lines, and authorizing the issue of bonds therefor [to authorize the construction of free gravel roads on the County lines by taxing the adjacent lands in two or more Counties to build said roads in the same manner that free gravel roads are now built, by a single County. The Boards of Commissioners of the several Counties acting together in its construction.]

By Mr. JOHNSON, by request, [S. 255] to provide for the incorporation of Orphan Asylums and Asylums for Indigent Females.

By Mr. WILLARD [S. 256] to fix the liability of railroads and other corporations for all damages or injuries received by their employes. [Makes Railroad Companies liable for injuries done employes, even if the injury was done through the carelessness of a co-employe.]

By Mr. GRAHAM, by request, [S. 257] to provide for the care and custody of orphans and abandoned children.

By Mr. HOOVER [S. 258] to empower Boards of Trustees of incorporated towns to compel owners page: 175[View Page 175] of lots to repair or build sidewalks in front of their lots.

Mr. KEISER [S. 259] to amend section 210 of the act concerning taxation, being Section 6,479 of the Code of 1881.

By Mr. RISTINE [S. 260] to legalize the incorporation of the town o Darlington, Montgomery County.

By Mr. VAN VORHIS [S. 261] to authorize cities to condemn or fill up mill races in certain cases.

THIRTY-THIRD AND FORTY-FOURTH CIRCUITS

Mr. KAISER moved to dispense with the Constitutional rule that his bill [S. 20] to define the Thirty-third and forty-fourth Judicial Circuits may be pressed to the final vote in the Senate.

Mr. Youche and Mr. Brown also insisted on its passage.

The motion was rejected-yeas, 33; nays 3- the Constitution.

EXTRA PAY TO ARMY OFFICERS

The House concurrent resolution requesting Indiana Congressmen to favor the passage of a law granting extra pay to volunteer officers promoted for meritorious conduct in line of duty was read and concurred.

A PROPOSED GOVERNOR'S MANSION.

A message from the House announced the passage by that body of a Senate concurrent resolution for the purchasing of a Gubernatorial residence, and that Committee on the part of the House was made to consist of Representatives Wilson of Marion, Jewett, Frazier, Gilman, Robinson, Pruitt and Beeson.

Thereupon the Lieutenant Governor makes the Committee on the part of the Senate to consist of Messrs. Fletcher, Bundy, Magee, Lindley and Brown.

ROADS AND HIGHWAYS.

The Senate returned to the consideration of Mr. Benz' bill [S. 6] pending at the time of the adjournment yesterday, for the election and appointment of Supervisors of Highways. [See pages 98 and 131 of the Brevier Reports.]

Mr. VOYLES moved to amend Section 17 by striking out the word "plantation" and inserting in lieu the words "real estate."

It was agreed to.

Mr. HILLIGASS moved to amend Section 20 by inserting the words "not more than forty" instead of "not less than twenty-five" because there are many Townships which do not require a levy of even twenty-five cents tax for road purposes.

It was adopted.

Mr. MACARTNEY moved to amend Section 20 by adding no Supervisor shall issue a receipt for work done by himself, directly or indirectly, except to the amount of his own road tax, and no Treasurer shall receive receipts for work done other than by the parties presenting the same. This is to prevent throwing road receipts on the market by persons working out the tax of non-resident land-owners and then selling the receipts therefor.

It was adopted.

On motion by Mr. HILLIGASS the words "twenty-five cents" were added after the word "dollar" in Section 20.

Mr. SAYRE moved to add to Section 20 a proviso that road tax shall not be assessed against any incorporated town or city. He stated reasons why this amendment should be adopted.

Mr. VOYLES thought a section that town Marshals should have the same powers as Supervisors should be added to this bill rather than this amendment.

Mr. SAYRE would not object, and withdrew his amendment.

Mr. JOHNSON moved to add " if presented during the year or the year following in which the labor is performed" [referring to road labor receipts] it was agreed to.

Mr. HOOVER moved to Insert appropriately the words "between the months of April and October." [When-road tax must be worked out.]

Mr. MARVIN thought it wrong to say when this work shall be done. In his part of the County this restriction has never bees carried out.

Mr. HENRY suggested the same kind of a pro vision is in Section 29.

Mr. HOOVER withdrew his amendment.

Mr. HENRY moved to amend Section 18 by making the regulations for opening of highways the same as in Section 16.

It was agreed to.

Mr. OVERSTREET moved to amend Section 21 inserting the words "in the road district where levied." money shall be expended.

Mr. HENRY opposed the amendment.

Mr. BUNDY favored the amendment. Each road district should support itself.

Mr. WILLARD objected to the amendment. It would not practically work well.

Mr. HENRY offered a substitute: "For work done under the directions of the Trustee," instead of the words, "as the highways in their respective districts may require."

Mr. HILLIGASS opposed the substitute.

The substitute was adopted.

Mr. JOHNSON moved to add to Section 21 a clause to authorize the Supervisor to require the owner of land to keep open a good ditch where necessary on the line of highway.

It was rejected.

Mr. VOYLES moved to amend Section 22 by inserting in lieu of the word "same," in line one, these words: "Work contemplated in the last preceding section of this act."

It was adopted.

On motion by Mr. HENRY Section 23 was stricken from the bill.

Mr. HENRY moved to amend Section 29 by striking out all between the word "Auditor" in line 3, and before the word "all" in line 5, and inserting "such Trustee shall cause the same to be expended during the year in which it is received." and striking out all after the word, "year" in line 7.

It was agreed to.

On motion by Mr. HENRY Section 20 was amended by inserting in line 4 after the word "Township" the words: "outside of the incorporated cities and towns," so as to make it uniform to the amendment just adopted in Section 29.

The Senate took a recess till 2 o'clock.

AFTERNOON SESSION.

Mr. HILLIGASS moved to amend Section 24 by adding a proviso that the Justice shall tax where judgment is rendered, $6 for attorney's fee as plaintiff's attorney, where suit is instituted for destroying guide boards or injuring and obstructing highways, ditch, dam, etc., etc. In the past Supervisors would not often prosecute for such damage from the fact that he would have to pay attorney's fees out of his own pocket. The punishment is not too severe.

Mr. McINTOSH opposed the amendment, believing it would encourage malicious prosecutions. The Supervisors have been able to get along heretofore without such a clause, He deprecated the encouragement of strife.

The amendment was agreed upon a division-affirmative, 8; negative, 6.

Mr. HENRY moved to amend Section 20 by substituting the word "Trustee" for the word "Supervisor" in line 9.

It was agreed to-affirmative, 13; negative, 6.

Mr. RISTINE moved a substitute for Section 22, making it more explicit as to what the Trustee shall do.

Mr. VOYLES considered the section well enough as it stands.

page: 176[View Page 176]

Mr. VAN VORHIS insisted there should be some intelligent basis for a proposed contract, and favored the substitute.

Mr. WILLARD moved to lay the substitute on the table.

The motion was agreed to.

On motion by Mr. HENRY this vote was reconsidered.

The substitute was rejected.

Mr. VOYLES offered an additional section, concerning the keeping of streets, alleys, etc., in order, in which the Trustees are given the same power as Township Trustees, and Marshals the same power as Supervisors of Roads, etc. Tax levies by Township Trustees not to apply to town property, etc.

Mr. BUNDY offered a substitute declaring the provisions of this act shall not apply to incorporated towns and cities.

Mr. VOYLES explained his sections would bring the streets and alleys of towns and cities under the same system of improvement as the roads and highways of the State. His Circuit Judge held there was no law to compel work on streets or alleys of cities and towns.

Mr. SAYRE stated objections to the amendment and to the substitute.

Mr. VAN VORHIS favored the amendment.

Mr. BUNDY insisted no answer has been made to his objection to the amendment.

The substitute was rejected-yeas, 15: nays, 20.

Mr. BUNDY made an ineffectual motion to lay the amendment on the table.

Mr. BELL insisted if every law on the subject of working roads were wiped out, cities would still have power to construct and repair streets and alleys.

Mr. BENZ moved to amend the amendment by authorizing: towns and cities to avail themselves of the benefit of the provisions of this act by en- acting proper ordinances,

Mr. HENRY offered a substitute for the amendment to the amendment by changing the terms of the original amendment in the third clause or section thereof, so that cities and towns may order road tax worked out within the limits thereof.

Mr. VOYLES opposed the amendment proposed by the Senator from Crawford [Mr. Benz.]

The amendment as amended by the substitute was agreed to.

Mr. HENRY offered an additional section abolishing the office of Road Master and Road Superintendent-the object being to protect Road Superintendents who have advanced money for the purpose of putting roads in repair, so their legal claims shall be paid.

It was adopted.

Mr. MAGEE offered a substitute for the section proposed by him and adopted yesterday, embodying its terms with a provision in addition for an appeal to the Circuit Court under the rules governing appeals from Justices' Courts.

It was adopted.

Mr. DUNCAN offered an additional section securing credit for all outstanding orders and road receipts. He desired to see persons protected who have already worked out their road tax.

Mr. WILLARD regarded this as [?]totology-as that has already been provided for in the last section offered by the Senator from Madison [Mr. Henry].

The additional section [Mr. Duncan's] was rejected.

Mr. MAGEE offered an additional section requiring all highways, hereafter to be established, 'to be of the width of not less than forty feet.

It was adopeted.

Mr. HENRY offered an additional section.

Mr. WILLARD made an ineffectual motion to lay it on the table.

Mr. HENRY explained his proposed section-if persons are willing to donate one-half of the expense necessary to make good public highways the Trustee shall perform work thereon equal in value.

Mr. BELL favored this additional section.

Mr. VOYLES also. Where public enterprise of this kind is shown it ought to be encouraged.

Mr. NULL favored the amendment to the bill as proposed by this additional section.

Mr. ADKISON desired to see it adopted.

The additional section was adopted.

Mr. SAYRE moved to amend Section 20 by requiring the Auditor to deliver to the Township Trustee a list of road tax assessed against each person in his district.

It was adopted.

Mr. SMITH, of Jay, moved to reconsider the vote by which an amendment was adopted declaring the width of highways hereafter established shall net be less than forty feet.

Mr. McCULLOUGH favored the motion. He thought such a clause in this bill would be unconstitutional. There is no need of raising that question, especially as it is desirable in some places that the road shall not be over thirty feet in width.

Mr. MAGEE insisted forty feet is none too wide for public roads. Where a ditch has to be built on either side of the road, certainly it is none too little. He saw no force in the Constitutional objection just urged. This provision of the bill ought to be retained.

The motion to reconsider was agreed to.

The question recurring on the amendment [Mr. Magee's]-Mr. VOYLES did not think this cause would endanger the Constitutionality of the bill.

Mr. McCULLOUGH insisted there could not be a misdemeanor act incorporated in an act concerning Supervisors.

The amendment [Mr. Magee's] requiring all highways hereafter constructed to be of the width of forty feet, was rejected.

Mr. WILLARD, as a report of a Special Committee [Mr. Benz's], submitted an amendment adding to Section 16 a proviso concerning appeals.

It was adopted.

Mr. BENZ offered a a additional section embracing an emergency clause.

It was adopted by yeas, 22; nays, 16.

Mr. SAYRE moved as a new section assigning the construction and keeping in repair of roads on Township, County and State lines. This in order to avoid conflict between Supervisors.

It was adopted.

Mr. WILLARD moved the engrossment of the bill, and on that motion demanded the previous question.

The latter motion was agreed to.

On motion there were 200 copies of the bill ordered printed.

DECEDENTS ESTATES.

Mr. BUNDY, from the Special Committee thereon, to which was referred several bills concerning the amending of the decedents' estates acts, reported a bill amending some twenty-three sections of that law. He moved a dispensation of the Constitutional rule that the bill may be pressed through the three several readings and put on its passage now.

The motion was agreed to by yeas, 34; nays, 14. And accordingly-

The Special Committee's bill [S. 262] to amend Sections 5, 47, 66, 86, 94, 95, 96, 97, 98, 100, 101, 102, 104, 105, 153, 157, 158, 159, 160, 164, 165, 168, 169, 170, 180, 18, 208, 241, and repeal Sections 4, 108,106, 162 of an act for the settlement and distribution of decedents' estates, approved April 14, 1881, was read, only the first three sections and about half of the fourth section, when the reading was interrupted, and "

The Senate adjourned.

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