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.
