THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, Feb. 9, 1883-10 a. m.The Senate met at 10 o'clock a. m., Lieutenant Governor Hanna in the Chair.
Prayer by Rev. F. M. S. Taylor, Dean of St. Paul's Cathedral.
On motion by Mr. MAGEE the reading of the minutes of yesterday's proceedings was dispensed with.
PETITIONS, MEMORIALS AND REMONSTRANCES.
Mr. BUNDY presented a protest against any medical legislation from Henry County.
Mr. ADKISON presented a petition asking further legislation on the same subject.
Mr. GRAHAM presented a memorial concerning arrears of pensions-asking further time for tiling of claims.
Mr. FAULKNER presented a memorial from a Citizen of Ripley County, remonstrating against One pending medical bill and in favor of another specially opposing the exclusion of reform doctors.
Mr. FLETCHER presented a petition from Marion County on the subject of military affairs.
Mr. MAGEE presented a petition concerning Prison labor, remonstrating against its employment outside of Prisons. A similar petition was presented by Mr. Johnson.
The LIEUTENANT GOVERNOR presented a petition from Knox County praying for relief from the greatest evil in the State the selling or giving away of intoxicating drinks.
These papers were severally referred to appropriate Committees.
REPORTS FROM COMMITTEES
Were submitted from the several standing Committees, which went to the files under the rules to be considered when bills on the second reading came up. Among these were a report from the Committee oh Fees and Salaries, recommending that Mr. Brown's bill to fix a fee (or Coroners, shall apply only to cities having a population of 60,000 or over, according to the last census.
HOUSE OF REFUGE.
Mr. VOYLES called up his bill [S. 9, see page 168 of the Brevier Reports], to change the name for the government of the House of Refuge, being a special order. Having been read the third time heretofore, and the question being: Shall the bill pass?
The bill passed the Senate by yeas, 27; nays, 21.
Pending the roll call-
Mr. SPANN, when his name was called, said: I will vote against this bill for one reason-because, of a political necessity, it proposes to legislate out of office Dr. Freeman, of Union County, a gentleman appointed by the Governor of Indiana to serve a certain term and length of time. There have been no charges made against him on account of inefficiency, but he is to be legislated out of office because of a political necessity. I will vote against this bill because Dr. Freeman was a soldier in the War of the Rebellion; was wounded at Chickamauga; was shot through the body and lay on the battlefield three days, then was carried to a Hospital and lay on his back for six months. His case is reported in medical journals as being one of the most remarkable cases in the History of surgery. I desire to call attention to the fact that by the passage of this bill that man who has such a noble record Roes down in the dust under this bill, after having served his country so faithfully and that Institution so honestly. Therefore, I vote "no."
Mr. VOYLES, in explanation of his vote when his name was called, said: The Senator from Rush [Mr. Spann] has seen proper to make an objection when his ox is gored, f will remind him that a few days since, when a Democratic soldier with an armless sleeve was a candidate for Door-keeper, the Senator from Rush loudly and vindictively voted against him. So it is not the soldier so much with the Senator after all; with him it depends on whose political ox is being gored. This is the explanation of my vote. I vote "aye."
The vote was then announced as above recorded.
So the bill passed.
Mr. VOYLES moved to reconsider the vote by which the bill was passed, and to lay the motion to reconsider on the table.
This latter motion was rejected.
page: 180[View Page 180]DIRECTORS OF THE NORTHERN PRISON.
Mr. MAGEE called up another special order, being Mr. Hutchinson's bill [S. 50-see page 162 of the Brevier Reports] concerning the official terms of the Directors of the Northern Prison, the question being on its final passage in the Senate,
Mr. CAMPBELL said: My greatest objection to the passage of this bill is that it does nothing but perpetuate the life of the Directors who have been lately elected: and it makes no provision for ever electing anybody else to succeed them. When I offered the substitute for this bill (which was voted down) I incorporated therein the four-year term contemplated In the bill, thereby re-organizing and conceding the efficiency which may be gained by experience, and that a four years' term in office is desireable. I, however, desired that because of the value of experience, one of the present Incumbents may be retained for the two-year term, but this substitute was voted down. Notwithstanding this I till say I have no objection to extending the office of the Directors from two to four years, and should vote for tills bill if it was for that purpose and drafted to that effect, but it is not. The bill prolongs the term of office of the recently elected Directors, and nothing else. It snakes no provision for the election of any successors, and if it is contemplated that successors shall ever be elected, it gives no directions how, or for what length of time the successors are to be elected, and hence, if elected at all, it would have to be by the present law and for two years as now; and hence, while I would willingly vote for a bill making the Directors and their successors terms of office four years, I am opposed to this bill which has no object or effect except to prolong the terms of the present elected Directors, and theirs only.
The bill passed by yeas, 27; nays, 20.
DECEDENTS' ESTATE.
The Senate returned to the reading of the Special Committee's bill, introduced just before the adjournment yesterday, [S. 262] to amend twenty-eight sections and repeal four sections of the act of April 14, l88l, for the settlement and distribution of decedents'estates.
The reading of this bill for the first time having been completed-
The Constitutional restriction, having been dispensed with by a yea and nay vote of the Senate yesterday, for the purpose of passing the bill to the final vote, it was read the second time by title only.
On motion by Mr. FOULKE, this being a most important bill suggested it be made the special order for to-morrow afternoon at, 2 o'clock. At the suggestion of other Senators he named the hour of 2:30 this afternoon, and made a motion to that effect.
The motion was agreed to.
THIRTEENTH DISTRICT ELECTION.
Mr. McCOLLOUGH gave notice that on to-morrow he should move to reconsider the vote of the Senate directing the Committee on Election to investigate the election in the Thirteenth Congressional District.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees:
By Mr. BUNDY [S. 263] to amend Section 197 of the act concerning proceedings in civil cases of April 7, 1881, being Section 913 of the R. S. of 1881.
By Mr. BICHOWSKY (S. 264] concerning voluntary Associations for gymnastic and other purposes.
By Mr, DUNCAN [S. 265] to legalize the corporation of the town of Nashville, in Brown County, and all ordinances, resolutions, etc. of the Board of Trustees of said town, etc.
By Mr. FLETCHER [S. 266], by request, relating to sale grounds for the operation of dangerous machinery. [Any driver operating a tumbling rod or circular saw shall have the same protected so as to prevent it injuring persons.
By Mr. FOULKE [S. 267] to authorize either branch of the General Assembly, as well as the Governor, to require opinions of the Judges of the Supreme Court.
By Mr. HOOVER [S. 268] to make the general index of deeds or mortgage prima facie evidence where the record thereof has been lost or destroyed.
By Mr. JOHNSON [S. 269] to amend Sections 1, 2 and 4 of the act fixing the number of Trustees of Purdue University of March 9, 1855-being Sections 4,671-2-4 of the Revised Statutes of 1871. [Adds the General Superintendent of Public Instruction as an ex-officio member and President of the Board of Trustees of Purdue University- making the Board consist of seven members instead of six, as at present constituted.]
By Mr. SPANN [S. 270] concerning voluntary Associations and supplementary to said act.
By Mr. SAYRE [S. 271] to amend Section 13 of the Common School law approved March 6,1865.
By Mr. SPANN [S. 272] to create a Soldiers' and Sailors' Orphan Home, its maintenance, selection of officers, etc. [At Knightgtown, on the farm now occupied by the Feeble Minded Children, at such a distance as not to come into contact or association, appropriating $50,000 for erection of said building. Trustees to be honorably discharged soldiers.]
By Mr. MAGEE [S. 273] concerning foreign Insurance Companies.
By Mr. WILLARD [S. 274] concerning the qualifications of students for entrance into the educational Institutions of Indiana. [Provides that no Board of Trustees or Faculty of any Educational Institution deriving in part its funds from the public Treasury, shall make any rule excluding any student from such Institution at any time on account of his belonging to any secret society organization, and prescribes a penalty of a fine of from $100 to $1,000 for violation of its provisions. The bill is aimed at the Faculty of Purdue University dismissing students on account of belonging to Greek Societies.]
ARREARS OF PENSIONS.
Mr. GRAHAM offered a concurrent resolution requesting Indiana congressmen to favor the passage of a law giving reasonable time for disabled soldiers or their representatives to file claims for relief.
It was adopted.
THIRTY-FIRST AND FORTY-FOURTH CIRCUITS.
On motion by Mr. KEISER his bill [S. 207] to define the Thirty-first [Lake and Porter] and the Forty-fourth [Pulaski and Starke] Judicial Circuits was, under a dispensation of the Constitutional rule-yeas, 35; nays. 3-read the second time by title only, considered engrossed, read the third time and passed by yeas, 36; nays, 4. Mr. Keiser explaining the necessity for immediate action.
DECEDENTS' ESTATES.
Mr. BUNDY called up the special order, the bill [S. 262] concerning decedents' estates.
On motion by Mr. HENRY an addition was made to Section 20, in the way of a proviso, that, where an account is filed and no notice of the "hearing of the same is required, it shall not be necessary for the Clerk to fix a day in the future for the hearing thereof, but the same may be acted on at any time by the Court."
On motion by Mr. COMPTON, Section 115 of said act was amended so that notice of the pendency of the petition and of the time and place of hearing shall be given by publication for three weeks successively in some newspaper printed and pub page: 181[View Page 181]lished in the County in which the administration of the estate is pending, if any be published therein, and if not then in some public newspaper printed and published nearest thereto in this State. At least ten days before the time set for hearing said petition the notice herein provided for shall be issued by the Clerk of the Court, attested by his signature and seal of the Court.
Mr. WILLARD would like to have the changes proposed by this bill explained. It is almost impossible without a printed copy for members to know what the changes or alterations are.
Mr. HENRY explained: Everything in regard to a Master Commissioner is stricken out; if those words have been left in it is an overright. In regard to the filing and allowance of claims provision is made that any person having a claim against a decedent shall make out a statement, as provided in the present law, and file the same with the executor, administrator or in the Clerk's office, giving the claimant the option; the administrator or executor reports to the Court as in other matters relating to the estate. When allowed by the administrator or executor either on the appearance docket or by reporting to the Court, that is ail the action necessary. No presentation of claims, as now provided, is necessary. If not allowed the claim goes on the issue docket for trial, as in the former law-not under the present law. Exactly the same pro-provision as In the former law is provided for the claim of the administrator himself. Also where anyone desires to litigate, if the administrator does not, with an additional provision that he shall file a bond and made liable tor costs unless he reduces the claim 10 per cent. This bill dose away with cash accounts, which is required to be filed every six months under the present law. In place of that, at the end of the year, or as soon as the sale notes mature, he is required to make a report, as now required at the end of the year, with the additional provision that he shall report what claims have been presented to him for allowance or what he has concluded not to allow. That provision is exactly like the wording in the voluntary, assignment law in regard to claims, winch is very simple-the Committee thinking it better to take a practice that is familiar. That report is acted upon by the Court. It is a final report. In regard to notice, notice must be given if it is a final report as provided by the present law; that is notice by publication-not by summons. It does away with all notice by summons as under the present law. On final settlement he is to give notice, but on current report not. Under the old law no current report could be made final, even as to matters involved in it. If, in the judgment of the administrator, the account is of enough importance to require final action of the Court, then notice shall be given. That is the only notice required on current report. That is intended to meet the requirements of large estates and for the administrator to protect itself. When the time arrives under the notice it is heard. The amendment offered by the Senator from Clay [Mr. Compton] goes to the notice and does away with personal summons. [It is printed above.] The old clause is left in this bill providing for the opening up of accounts for fraud or mistake within three years. It requires the administrator and the Judge to inquire diligently into all claims, and makes them responsible for any damages resulting fro m neglect of that duty. When an estate is clearly solvent the administrator can pay a claim at any time when he has the money. On final settlement the Court may order him to pay out or pay into the Court. There was a defect in the old law, which allowed heirs or legatees to apply for a distributive share when required for their support. In this bill that limiting clause is stricken out. Then this bill makes this change: The Committee thinking it right that where there must be any litigation over a case one trial should end it, have provided that where a claim is not allowed, and there are other parties bound on the same contract with the decedent, the Court will order the claim amended, and have the other, the living party, brought into Court. Another provision is that a mortgage or either lien can lot be foreclosed as against the heirs until a year has expired from the taking out of the letters of administration and giving of notice.
The bill was then considered as engrossed and read the third time, and passed by yeas, 44; nays, 0.
SALE OF STATE LAND.
On motion by Mr. FOULKE, the Constitutional restriction was dispensed with-yeas, 39; nay, 5-and his bill [S. 203] to authorize the Trustees for the Institution of the Deaf and Dumb to sell a strip off' the south side of the premises now occupied by said Institution, was read the second time by title, the third time by sections and passed by yeas, 32; nays, 7.
Mr. FOULKE explaining the Pittsburg, Cincinnati and St. Louis desire to lay another track: along side these grounds, and seven and half feet is all it requires for that purpose. The Trustees of the Institution desire some kind of a wall built to make the ground safe against reaching out, etc., and to protect the property.
Mr VAN VORHIS doubted the wisdom of this measure.
Mr. FLETCHER had examined in to this matter, and believes there is a necessity for a wall to be built along there to prevent ground from washing away. The seven feet is nothing, compared to the benefit to be derived from having a good wall built there.
Mr. VAN VORHIS, in explanation of his negative vote, said this is the first he had heard of this proposition, and it is a little strange that members from this County know nothing about it. Knowing nothing of the merits of the case, he voted "no."
LOCAL BILLS.
On motion by Mr. ERNEST, the bill [H. R. 34] to legalize the town of Sullivan, Sullivan County, was read twice by title, under a setting aside of the Constitutional rule-yeas, 38; nays, 2-read the third time and passed by yeas, 40; nays, 1.
On motion by Mr. BICHOWSKY the bill [H. R. 32] to create the Forty-third Judicial Circuit-affecting the County of Vigo, which constitutes the Forty-third Circuit; Greene and Sullivan the Fourteenth Circuit, and Morgan and Owen the Fifteenth Circuit-was read the first time and referred to the Committee on Organization of Courts.
On motion by Mr. MARVIN his bill [S. 167] defining the Twentieth Judicial Circuit [the County of Boone] and creating the Forty-third [the County of Clinton] was read the second time.
And then the Senate adjourned.
