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


FRIDAY, Feb. 9, 1883-10 a. m.

The SPEAKER commanded order and announced prayer by Rev. Mr. Patt, of the North Baptist Church, Indianapolis.

A call of the House roll was demanded, and being ordered and taken discovered eighty-seven members as present and answering to their names.

On motion by Mr. PRIER the reading of the journal was dispensed with.


Mr. SMITH, of Tippecanoe, rose to a question of privilege, and said that he was reported, in the Indianapolis Journal, in the Legislative items, as having spoken in favor and voted for the bill [H. R. 26] concerning promissory notes, etc. He de- sired to state that he spoke against and voted against the bill. He said he could, not afford to page: 182[View Page 182] advocate or support a measure frought with such damage to the commercial interest of the country.


Mr. JEWETT's bill [H. R. 26] to repeal Section 8 of an act concerning promissory notes, bills of exchange, bonds, or other instruments of writing, etc, which informally passed over on yesterday, was now called up.

The SPEAKER announced that the question before the House was the motion of Mr. Jewett to lay Mr. Shively's amendment on the table, which amendment proposed to amend the bill by striking out all after the enacting clause and writing the following: Section 3. No note shall be negotiable as an inland bill of exchange by being made payable at a bank or this State unless there shall be written or printed in said note the following words: "The maker has no defense to this note in the hands of any innocent holder for value "

On motion by Mr. JEWETT the amendment was laid on the table-yeas, 49; nays, 39.

On motion of Mr. JEWETT the bill was ordered engrossed for the third reading on next Tuesday at 3 o'clock p. m.


Mr. HEFFREN, from the Committee on Cities and Towns, returned Mr. Ferriter's bill to provide for a Board of Metropolitan Police Commissioners in all cities of 25,000 or more inhabitants according to the last census, with a recommendation that it do pass with certain amendments, making a mixed Board and officers of the force. It will effect only Indianapolis and Evansville.

Mr. MELLETT, from the same Committee, submitted a minority report, recommending the indefinite postponement of the bill.

On motion by Mr. HEFFREN the minority report was laid on the table by yeas, 52; nays, 33.

The majority report was then concurred in.


Mr. HEFFREN moved that the bill [H. R. 223] concerning decedents' estates be read the third time by sections and put upon its passage.

The motion was agreed to.

The bill passed by yeas, 85; nays, 0.

Pending the roll call-

Mr. MELLETT, when his name was called, said: It occurs to me that this matter ought to be care- fully and deliberately considered. I desire to say In explanation of my vote that I think this bill better than the old law. But I desire to say that I vote for it under protest. I protest against the manner in which the Committee acted in regard to this bill, and the action of the Speaker in not allowing the question to be discussed.

The SPEAKER (interrupting) commanded Mr. Mellett to take his seat, saying that no such explanation would be tolerated on the floor of this House.


Mr. Wilson, of Marion, from the Committee on Scientific and Benevolent Institutions, reported back the bill [S. 1] to provide for the better management and government of the State's Benevolent Institutions, with the recommendation that the bill pass, with certain amendments.

The report was concurred in and the amendment adopted.

Mr, Wright, from the Committee on Judiciary, reported back the bill [H. R. 177] for the relief of John Martin, with the recommendation that it be referred to the Committee on Clams.

The report was concurred in.


Mr. Gibson's bill [H. R. 2] to legalize the acknowledgment and recording of certain instruments of writing, was read the third time and passed by yeas, 79; nays, 0.

Mr. McMullen's bill [H. R. 5] to amend Section 461 of an act concerning proceeding in civil cases was read the third time, and passed the House by yeas, 85; nays, 0.

The general appropriation bill [H. R 302] for the maintenance of the State Government for the years 1883-4 and 1885-6 was read the third time, and passed by yeas, 86: nays, 0.

Mr. Deem's bill [H. R. 5] concerning town elections was read the third time and parsed by yeas, 86; nays. 1.

Then came a recess till 2 o'clock.


Mr. Graham's bill [H. R. 256] to provide a fund for the permanent endowment of the State University, was reported back by Mr. Graham with certain amendments and a recommendation that the bill pass as amended.

The report was concurred in.

On motion by Mr. HEFFREN the bill was ordered engrossed.


The following described bills were introduced, read the first time, and severally passed to the second reading unless otherwise stated:

By Mr. AKIN [H. R 407] to amend Section 4, the same being Section 4,556 of the Revised Statutes of 1881, requiring the State Superintendent of Public Instruction in his next apportionment of the School Fund to set apart $10,000, and semi-annually deduct the same amount, and set it apart, to be known as a Normal School Fund.

By Mr. TULEY [H. R. 408] to amend Sections 7, 21 and 41 of an act to provide for a general system of Common Schools.

On motion by Mr. GORDON the constitutional rules were suspended-yeas, 72; nays, 5-and his bill [H. R. 408] was read the second time by title, was considered engrossed, and read the third time by sections and passed the House by yeas, 76; nays, 0.

By Mr. SCHLOSS [H. R. 409] an act in relation to Theater buildings.

By Mr. PULSE[H. R. 410] to provide for the subdividing of lands and lots.

By Mr. SHIVELY [H. R. 411] concerning foreign Insurance Companies.


Mr. COPELAND offered a resolution instructing our Senators and requesting our Representatives in Congress to use their influence to secure pensions for the members of the Indiana Legion.

The resolution was referred to the Committee on Military Affairs.


Mr. Whitsit's bill [H. R. 13] concerning the use of firearms, was read the third time and passed the House by yeas, 75; nays, 0.

Mr. Shockney's bill [H. R. 22] to equalize the assessment of taxes made by the Board of Trustees of the town of Winchester, in the County of Randolph, was read the third time and passed the House by yeas, 75; nays, 4.

Mr. Henderson's bill [H R. 29] to enable the several Counties in the State to sell and dispose of land for the benefit of the school fund, was read the third time, and on motion by Mr. FRAZER was laid on the table.


The bill [H. R. 30] to amend Section 8 of an aot regulating descent of heirs, approved March 2, 1855, was read the third time.

Mr. JEWETT stated that when he examined the bill it appeared to him that the bill had been drawn for a particular case. He meant no offense by such a statement. He believed that it wax unnecessary legislation; that we are trying to do by legislation what the parents can do at present by their own action if they desire.

Mr. FRAZER explained that under the present law if a person adopt a child and then die, that the property went to the adopted child. He con page: 183[View Page 183]sidered this proper and as it should be, but he did not think it proper if that adopted child died without children, that this property should go to the family of the adopted child. He thought that the estate should revert to the family or the relatives of the person who had adopted the child. Mr. Frazer cited a case where a child was adopted and the person who adopted the child died. The adopted child died soon after and the mother of the child came in afterward and sued for and recovered from the persons who held the estate several thousand dollars, and who were the proper heirs. He argued that where the adopted child died without wife or without husband or children, then the property should go back to the family or relatives of the person who adopted the child.

Mr. STEWART thought that if a family adopted a child, thus making it their own, it should have all the rights and privileges of an own child. People generally adopt a child with the understanding that that child may inherit their property, and it would not be just to take from them this right.

Mr. WILSON, of Marion, thought that, under the present law, a person who adopted a child was adopting the whole family. Mr. Wilson cited a case similar to that cited by Mr Frazer: Where an adopted child died and its mother came in and brought suit for the property that would have fallen to the adopted child had it not died. He thought the bill was a wise one, and favored its passage.

Mr. ADAMS and Mr. GIBSON favored the pass- age of the bill.

The bill passed by yeas, 73; nays, 11.


Mr. Patten's bill [H. R. 32] to create the Forty-third Judicial Circuit, was read the time.

Mr. ADAMS stated that he did not desire to make a speech on the bill, but desired to state to the House that he knew concerning the necessity of this bill. In a recent conversation with the Judge of this Circuit he learned that at the close of the last term of Court the business pending was greater than at the beginning of the term. He considered it a matter of economy that the bill should pass.

Mr. HELMS desired to state that he was in favor of this bill. He had been petitioned by the entire Bar of his County with one exception to work for the passage of this bill. He was informed by an attorney of the Bar that the Court was more than a year behind. He hoped that the bill would pass.

Mr. SMITH also favored the passage of the bill.

Mr. PATTEN stated that the Court was very much behind, and it was a matter of necessity that the bill pass.

The bill passed by yeas, 75; nays, 10.

Mr. Robertson's bill [H. R. 381] to fix the time of holding Court in the Counties of Jackson and Washington, was called up.

On motion of Mr. HEFFREN the Constitutional roles were suspended, the bill read the second time by title, considered engrossed, read the third time by sections and passed the House by yeas, S3; nays, 0.

Mr. Patten's bill [H. R. 34] to legalize the election of the Board of Trustees of the town of Sullivan, Sullivan County. Indiana, was read the third time and passed the House by yeas, 80; nays, 1.


Mr. Patten's bill [H. R. 33] to amend Section 1 of an act to provide for a homestead exempting it from sale on execution, and exempting certain personal property, was read the third time.

Mr. HEFFREN did not know why the House should enact class legislation. He was opposed to class legislation, and ho was not aware that one debt was any more sacred than another. There is already in the statute books a law by which mechanics can put liens upon property. This bill does not give them any more rights, in fact, not so many.

Mr. PATTEN thought the gentlemen [Mr. Heffren] was wrong. The bill is simply to protect laboring men, and to enable small property holders to secure the necessary labor, which they can not do at present, because they have not the re- quired amount of property to make them amenable to the law. It is simply right that when a man performs a day's labor he should have wages for it.

The bill passed by yeas. 73; nays, 10.

Mr. Pattens bill [H. R. 35] to amend Section 18 of an act to incorporate the town of Sullivan was taken up and read the third time, and on motion by Mr. PATTEN was laid on the table.

Mr. Kirkpatrick's bill [H. R. 53] to legalize the incorporation of the town of Burnetsville, White County, was read the third time and passed the House by yeas, 77, nays. 3.


The bill [S. 207] to define the Thirty-first and Forty-fourth Judicial Circuits.

The bill [S. 91] for the better government of the House of Refuge.

The bill [S. 50] concerning the Directors of the Northern Prison.


The Senate concurrent resolution requesting Indiana Congressmen to favor the passage of a law giving reasonable time for disabled soldiers to file claims for arrears of pensions, was read, and,

On motion by Mr. Heffren, was concurred in by the House.


The following described Senate bills were read the second time and referred to appropriate Committees:

The bill [S. 102] to amend the Feeble Minded Asylum incorporation act.

The bill [S. 167] to authorize municipal corpora- tions to invest sinking funds temporarily.

The bill [S. 34] to permit municipal taxes to be paid in installments.

The bill [S. 219] to authorize Gas and Water Companies to extend mains beyond city limits.


On motion the bill [S. 29] to legalize the acts of Trustees of Westfleld was read the third time, and passed the House by yeas, 69; nays, 1.

The House adjourned.