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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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HOUSE OF REPRESENTATIVES.

WEDNESDAY, Feb. 21, 1883-9 a. m.

The SPEAKER commanded order and announced prayer by the Rev. Mr. Mitchell, of Indianapolis.

On motion by Mr. GREEN, the reading of the Clerk's minutes of the previous day was dispensed with.

LIQUOR LICENSE.

Mr. Gibson's bill [H. R. 222] concerning the sale of intoxication liquors, was reported back from the Committee on Temperance with the recommendation that the bill do pass.

Mr. GIBSON moved that 200 copies of the bill "be printed, and that it be made special order for next Friday at 10 o'clock.

Mr. SCHLOSS demanded a division of the question.

The motion to print 200 copies was agreed to.

Mr. PATTEN objected to making the bill a special order unless it was a measure of great importance.

The motion to make the bill a special order was rejected.

The bill was read the second time.

Mr. SHOCKNEY made an ineffectual motion to reconsider the vote by which the motion to make the bill a special order for next Friday at 10 o'clock was rejected.

Mr. MELLETT offered an amendment to Section 9 by striking out;"200" and inserting "$1,000" in lieu thereof, so as to make County license $1,000 instead of $200, as in the original bill.

The motion was agreed to.

Mr. DEEM moved to amend the bill by inserting a provision to deny an appeal from the decision of the County Commissioners.

Mr. JEWETT moved to amend by striking out of Section 5 the following words: "But no appeal shall be had from said Board dismissing application."

the amendment was agreed to.

Mr. JEWETT moved to amend by striking out "200" in Section 9, and inserting "100" in lieu thereof.

Mr. HEFFREN moved that the bill and amendments lie on the table until the printed copies are before the members.

The motion was agreed to.

LAND PATENTS.

Mr. Thompson's bill [H. R. 349] to authorise the Auditor of State to issue patents in certain cases, was reported back from the Judiciary Committee with a recommendation that the bill pass, with a proviso that the provisions of the bill should not affect pending litigation. The report was concurred in and the amendment adopted.

Mr. THOMPSON explained that the persons to whom these patents are to be granted have-owned and held this land-Wabash and Erie Canal land for over forty years and have paid the taxes on said land, but have discovered that they have no title to the same.

On motion toy Mr. SMITH the Constitutional restrictions were suspended, and the bill was read the third time and passed the House by yeas, 91; nays, 1.

WORK FOR COMMITTEES.

On motion by Mr. HEFFREN the Constitutional rules were suspended, and the following described Senate bills were read the first and second time by titles only, and severally referred to appropriate Committees:

The bill [S. 136] to amend Sections 5,47 a ad 5,480 of the Code of 1881, regulating coal mines.

The bill [S. 107] to define powers of attorneys and concerning the recording of the same.

The bill [S. 57] to amend Section 280 of an act concerning proceedings in civil cases, approved April 1, 1881.

The bill [S. 52] to amend Sections 6,487, 6,496 and 6,497 of the Revised Statutes of 1881 of an act concerning taxation.

The bill [S. 72] to amend Section 2 of an act to provide for the establishment of a State Bureau of Statistics approved March 29, 1879.

The bill [S. 13[?]] relating to gravel macademized and paved roads, and to protect the same from heavy burdens.

The bill [S. 27] to regulate the practice of medicine.

The bill [S. 43] to amend Section 30 of an act fixing fees of certain officers, approved March 12, 1875.

The bill [S. 196] to amend Sections 9, 38, 47 and 76 of an act to divide the State into Judicial Districts.

The bill [S. 17] to make a contract with the city of Michigan City for constructing a sewer from the Indiana Prison and emptying it into the harbor.

The bill [S. 47] to provide for the construction of a sewer from the Indiana Reformatory Institution to connect with a sewer of Indianapolis.

The bill [S. 114] to amend Section 6,454 of the Code of 1881, concerning the publication of delinquent tax lists.

The bill [S. 167] to define the Twentieth Judi page: 235[View Page 235]cial Circuit and creating Forty-third Judicial Circuit.

The bill [S. 170] to create Forty-fourth Judicial Circuit, to amend Sections 22 and 23 of an act to divide the State into Judicial Circuits.

The bill [S. 234] to change the Second Judicial Circuit.

The bill [S. 244] to legalize certain records in the offices of Town Recorders.

SENATE BILLS READ THE FIRST TIME.

The bill [S. 10] to legalize the incorporation of the town of Waynetown, Montgomery County, Indiana.

The bill [S. 174] concerning the Supreme Court.

SENATE BILLS ON SECOND READING.

The bill [S. 145] to amend Section 4,425 of the Code of 1881, concerning the granting of licenses to teachers.

The bill [S. 162] to create an Appellate Court.

The bill [S. 203] to authorize the Trustees of the Deaf and Dumb Asylum to convey a strip of ground on the south side of said premises.

The bill [S. 50] to extend the official terms of Directors of the Northern Prison, was read the third time and passed by yeas, 65; nays, 37.

SUBURBAN WATER AND GAS.

The bill [S. 219] to authorize water and Gas Companies to extend their mains five miles beyond the corporate limit of cities and towns was read the third time.

Mr. WILSON, of Marion, favored the passage of the bill. He thought it would be of great value to the large manufacturing establishments situated outside of the limits of the city. Its benefit would extend to the Benevolent Institutions which were situated near the city.

Mr. SHOCKNEY hoped the bill would pass. It is a just and equitable measure. In his city the Water Works are located on the Indiana side, while nearly 2,000 of the population and many of their manufactories are located on the Ohio side, thus preventing the extension of mains across the line (as the law now is), and preventing protection to nearly one-half of their population. If this bill becomes a law under its provisions, large factories, machine shops, and suburban towns can be benefited by the Water Works of towns and cities.

The bill passed by yeas, 88; nays, 0.

JUSTICES OF THE PEACE.

The bill [S. 193] to extend the jurisdiction of Justices of the Peace to amend Section 1,418 of the Revised Statutes of 1881, was read the third time.

Mr. WILSON, of Marion, believed that a bill of much more merit was introduced by some members of the House a few days since. He was sorry that this bill has got as far as it has. It would only give such cities as Indianapolis, Fort Wayne, Evansville and New Albany one Justice of the Peace. That will not be sufficient. They must have more than that.

Mr. STERRITT was of the opinion that the bill referred to by the gentleman from Marion [Mr. Wilson] was of much more merit than the bill under consideration. It provides for one Justice of the Peace for every 20,000 inhabitants.

Mr. SMITH, of Tippecanoe, was opposed to this bill provided the bill referred to by the gentleman from Marion [Mr. Wilson] could be passed.

Mr. WHITSIT thought this was a good bill, and one that would suit the people of Indianapolis.

Mr. MELLETT thought the fewer the Justices the more highly they would be appreciated. One Justice of the Peace for each little incorporated town in the State is a nuisauce-one more than is necessary. It seemed to him that four Justices of the Peace in connection with the Mayor is sufficient in Indianapolis.

Mr. MONTGOMERY said: In my opinion this is a good bill and ought to pass this House. I think that a reduction of the Justices of the Peace would be equitable and desirable.

The bill was rejected by yeas, 29; nays, 58.

THE SPECIFIC APPROPRIATION BILL.

Mr. SHIVELY from the Committee on Ways and Means reported the specific appropriation bill [H. R. 400], which was read the first time, 200 copies ordered printed, and made the special order for Friday at 2 o'clock p. m. [Among the principal items of the bill are the following: John B. Conner, money advanced for the State Bureau of Statistics, $2,800; new heating apparatus at Deaf and Dumb Asylum, $2,500; Baker, Smith & Co., for register for new Insane Hospital, $3,518; John Martin, for brick works in New Insane Hospital, $46,786; Penn, Staff & Co., for work connected with the reconstruction of the Southern Prison buildings destroyed by fire, $5,860; Teresa and Chas, Bechtel, for damages sustained by the death of their father, through the negligence of the State, $1,000; State Prison North, for new books for library, $500; for new heating apparatus, $[?],000; for new work house, bath house, drying room, etc., $15,000; for new insane wards at Prison, $5,000; State Prison South, to furnish new cell-house, $5,000; to furnish new hospital building at Prison, $15,000; for purchase of 1,000 feet of new hose, $1,000; for making connection between new cell-house and office, $5,000; to purchase ground for cemetery, $333; to build a wall around the same, $35,000; State Board of Agriculture for the two years, $5,000. Carlon & Hollenbeck, for binding the Drapier Brevier Reports in 1881, ordered by the Governor and Secretary of State $7,013.13. Reuben P. Mann & Co., for supplies to the Southern Prison, $1,974 12. Messrs. Talbot, for State's share of the cost of paving North Meridian street, $4,489.70. For clerk hire in Adjutant General's office for two years, $1,200. For deficiency in cost of public printing-years 1881-82, $14,000. The total amount of the appropriations provided for in the bill is $184,000.

SENATE BILLS PASSED.

The bill [S. 5] supplemental to an act concerning the publication of the Revised Statutes, providing pay for the Revision Commissioner, was read the third time and passed by yeas, 78; nays, 4.

The bill [S. 134] to permit municipal taxes to be paid in installments as County and State taxes are paid on the third Monday in April and November, was read the third time and passed by yeas, 76; nays, 17.

AFTERNOON SESSION.

The Committee on Prisons reported that it found the Prisons North and South in comparatively good condition, and recommended certain appropriations for improvements.

THE BENEVOLENT INSTITUTIONS.

Mr. HEFFREN moved to take up the message of the Senate concerning the bill [S. 1] for the better government of the Benevolent Institutions of the State.

Mr. FRAZER moved to lay the motion on the table, which motion was rejected by yeas, 38; nays, 57.

The motion [Mr. Heffren's] was agreed to.

The message from the Senate stating that that body had passed the bill [S. 1] to provide for the better government and management of the State Benevolent Institutions, over the objections of the Governor, was read.

The message of the Governor to the Senate, containing his objections to the provisions of the bill, was also read.

Mr. HUSTON moved that the further consideration of the bill be indefinitely postponed.

The SPEAKER ruled the motion out of order, and stated that the question was on the passage page: 236[View Page 236] of the bill, the objections of the Governor to the contrary notwithstanding.

The bill passed the House by yeas, 57; nays, 42.

Mr. Deem deemed to have a motion entered, on the journal to reconsider the vote by which Mr. Mellett's amendment to Section 9 of bill [H. R 222] and Mr. Jewett's amendment to Section 5 of the same bill were adopted.

The motion was entered on the journal.

By consent, Mr. COPELAND, from the Special Committee appointed to visit the flooded districts, exhibited a report of the conditions and necessities of the same, that the Committee had visited Jeffersonville, Aurora, Lawrenceburg and New Albany. He found in the several points visited hundreds of persons thrown out of employment and dependent upon charity for support, and recommend the passage of the bill appropriating $l00,000 for the relief of the flooded districts.

JUDICIAL CIRCUITS

Mr. PATTEN introduced bill [H. R. 461] to create the Forty-third Judicial Circuit, and to amend Sections 15, 16 and 53 of an act dividing the State into Judicial Circuits. On his further motion, the Constitutional rules were suspended, the bill read the second time by title, considered engrossed, read the third time by sections and passed the House by yeas, 91; nays, 3.

The bill [S. 197] to amend an act to divide the State into Judicial Circuits, was read the third time and passed the House by yeas, 80; nays, 5.

SENATE BILLS PASSED.

The bill[S. 118] to amend Section 1,407 of the Revised Statutes of 1881, of the Justice's act, as applying to changes of venue, way read the third time and passed the House by yeas, 74; nays, 8.

The bill [S. 89] to amend Section 5,501 of the Revised Statutes of 1881 to provide for a general system of Common Schools was read the third time.

Mr. SMITH, of Tippecanoe, stated that the Committee was of the opinion that this bill is unnecessary, that it was superfluous and would only cumber the statutes.

Mr. TULEY stated that the Superintendent of Public Instruction favored the passage of this bill.

The bill passed the House by yeas, 71; nays, 12.

The bill [S. 192] to legalize the incorporation of the town of Cadiz in Henry County was read the third time and passed the House by yeas, 69; nays, 5.

The bill [S. 22] to amend Section 5,097 of an act approved March 3, 1881, to authorize Boards of County Commissioners to construct gravel and other roads, was read the third time.

Mr. SHIVELY desired to state that under the present law a County is only allowed to issue $100,000 in bonds and that; many Counties had exhausted this amount. This bill would give relief to those Counties which desire to increase their bonds, and allow them to issue bonds not to exceed 1 1/2 per cent on the taxable property of the I County. He thought that the bill should pass.

Mr. SMITH had received quite a number of petitions from persons desiring the passage of the bill.

The bill passed the House by yeas, 69; nays, 19.

The bill [S. 2] to authorize Turnpike Companies in this State to connect their roads with turnpike roads in other States was read the third time and passed the House by yeas, 77; nays. 3.

PROPOSED SALE OF STATE LAND.

The bill [S. 203] to authorize the Trustees of the Deaf and Dumb Asylum to convey a strip of ground on south side of said premises, was read he third time.

Mr. JEWETT thought the bill ought not to pass. He was informed that it was an attempt on the part of the Pennsylvania Company to grab this piece of ground.

Mr. GIBSON stated hat the Railroad Committee went out and examined the grounds. He could gee nothing improper in the proposal of the Company, It was willing to pay whatever the Trustees demanded for the ground.

Mr. MERING stated that this Company desire to lay a second track out to a point at which they propose to erect new shops. It will be necessary for them to secure this ground. The provisions of the bill are that the Trustees may dispose of this ground to the Company either for money or for improvements rendered by the Company.

Mr. HOWLAND was of the opinion that the wall which the Company agree to build would be of great benefit to the Asylum property, and it was not necessary for the Company to construct this was to protect their own property. He favored the passage of the bill.

Mr. SHOCKNEY believed that should this bill pass and the Pennsylvania Company erect the proposed shops it would greatly increase the value of the Asylum property. He favored the passage of the bill.

Mr. SUTTON believed that the bill bad never been before the Railroad Committee. Until he had more light concerning the provisions of the bill he would have to vote against it.

Mr. SCHLOSS thought that the proposition made by the Company to erect the stone wall along the grounds was a good one.

Mr. SMITH, of Tippecanoe, could see no objections to the measure if the Company desired to lay a double track. He was not certain but that the Company had adopted the proper plan in coming before the Legislature with their proposition.

Mr. ANTRIM was opposed to the bill not because it was a railroad that desires to purchase its ground, but because the bill did not specify the consideration to be paid for the strip of ground.

Mr. FRAZER thought simply because it was a Railroad Company that desired to purchase this ground that ought not to be an objection.

Mr; PATTEN was in favor of postponing this matter.

Mr. BEST did not favor the passage of the bill.

The bill was rejected by yeas, 34; nays, 62.

The bill [S. 88] to amend Sections 31 and 34 of an act to authorize the formation of companies for the detection and apprehension of horse thieves, approved December 21, 1865, was read the third time and passed the House by yeas, 62; nays 22.

The House adjourned until to-morrow at 9 o'clock.

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