THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, January 8,188310 a. m.The Secretary's minutes of yesterday's proceedings were being read, when, on motion of
Mr. BUNDAY, the further reading thereof was dispensed with.
The LIEUTENANT GOVERNOR laid before the Senate a communication from the Auditor of State transmitting that officer's biennial report.
Mr. HUTCH IN ON offered a resolution authorizing the appointment by the Doorkeeper of five additional assistants.
The resolution was adopted.
THE NEW STATE HOUSE.
Mr. SPANN offered a resolution relating to the contract for the new State House, and authorizing a Committee of Seven to proceed to fully and completely inquire into the condition of said estate House the wants of the Commissioners, the demands of the contractors and probability of the early completion of said House, and make & full report to the Senate, empowered to send for the necessary persons and papers, etc.
Mr. W1LLARD regarded the Committee on Public Buildings as the proper one to consider the matter the portion of the Governor's message relating thereto will also be referred to that Committee, and he opposed the resolution.
It was rejected by yeas, 12; nays, 22.
Mr. VOYLES offered a resolution, which was adopted, for the appointment of a Committee of Three to contract for Committee Rooms, said contract to be ratified by the Senate.
The LIEUTENANT GOVERNOR appointed Messrs. Voyles, Johnson and Yancy said Committee.
Mr. DUNCAN offered a resolution directing the Doorkeeper to report at once his appointees.
It was adopted.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally referred to appropriate Committees, unless otherwise stated;
By Mr. ADKINSON [S. 4] to amend Section 7 of the County Commissioners' plank-road-on petition-construction bill, of March 3, 1877, authorizing $200,000 bonds to be issued instead of $100,000 as now. Referred to the Committee on Roads.
By Mr. BELL, by request, [S. 5] supplemental to an act concerning the publication of the Revised Statutes of 1881, approved April 18,1881, [authorizinig the State Auditor to draw his warrant for pay of said commissioners till the 15th day of June, 1881, and also for office rent]. Referred to Committee on Revision of Statutes, when appointed.
By Mr. BENZ [S. 6] for the election and appointment of Supervisors of Railways-to be elected next April, prescribing their duties, etc. Making ten hours a day's work, road tax not less than 25c on the $100 valuation. Referred to the Committee on Roads and 150 copies ordered printed.
By Mr. BISCHOWSCKY [S. 7] to provide for a uniform series of text books that shall be cheaper than those now in use. Referred to the Committee on Education and 150 copies ordered printed.
By Mr BROWN [S. 8] to amend Section 10 the act of April 5, 1881, concerning drainage. Referred to the Committee on the Judiciary.
By Mr. BUNDY [S. 9] to amend Section 8,693 and repealing certain other sections of the act of April 14, 1881, concerning decedents" estates. Amends the Decedents' Estate Act in reference to the filing of claims, and provides that Executors and Administrators may allow claims without their being filed in the Clerk's Office; repeals that part of the act providing tor Master Commissioners, and cuts off a large portion of the costs and expenses incident to the settlement of estates. Referred to the Judiciary Committee.
By Mr, CAMPBELL [S. 10] to provide for the regulation of freight and passenger railroad traffic in this State; authorizing the appointment of three Railroad Commissioners, to be appointed by the Governor, one to be experienced in the law and the others in railroad business. Referred to the Committee on Railroads, and 200 copies ordered printed.
By Mr, DUNCAN [S. 11] to amend Sections 79 and 92 of the act of April 19, 1881, concerning the oath of the Grand Jury. Referred to the Judiciary Committee.
Br. Mr, ERNEST [S. 12] to define the crime of page: 29[View Page 29] false pretenses, and prescribing punishment therefor. Referrsd to the Judiciary Committee.
By Mr. FAULKNER [S. 15] to repeal certain sections from 4986 to 5,000, inclusive of the Revised Statutes of 1881. Referred to the Judiciary Committee.
Mr. WILLARD, by leave, presented a petition from 32 State Senators requesting the appointment of Clarence Ellis as an additional page.
The LIEUTENANT GOVERNOR-By unanimous consent the appointment will be made.
By Mr. FOULKE [S. 14] to amend the act of April 1, 1881 (255-412 Revised Statutes), covering proceedings in civil cases by providing that the am davit for change of venue on account of the bias of the Judge shall show that such bias has a reasonable ground for belief. Referred to the Committee on Revision of the Laws.
By Mr. HENRY [S.15] to repeal the act establishing a State Board of Health. Referred to the Committee on Public Health.
By Mr. HILLIGAS [S. 16] to amend Sections 1,781 and 1,782 of the act concerning proceedings in criminal cases, approved April 19, 1881. Referred to the Judiciary committee.
By Mr. HUTCHINSON [S. 17] for making a contract with the city of Michigan City for the construction of a sewer from the Northern State Prison to Fish Lake Creek:, which flows into Lake Michigan, appropriating $33,000. Referred to the Committee on Prisons.
By Mr. MACARTNEY [S 18] to discourage the keeping of useless and sheep-killing dogs. Referred to the Committee on City and Township Business.
By Mr. McCOLLOUGH [S. 19] defining unjust discriminations on the part of owners of railroads in rates or charges for transportation of freight and passengers. Referred to the Committee on Railroads. Two hundred copies ordered printed.
By Mr. OVERSTREET [S. 20] relating to the qualification of petit Jurors. Referred to the Judiciary Committee.
And then came a recess until 2 o'clock.
AFTERNOON SESSION.
By Mr. RAHM [S. 21] for an act in relation to the lighting of cities with electric light. Referred to the Committee on Corporations.
By Mr. RISTINE [S. 22] to amend Section 5,097 of the Revised Statutes of i 881, concerning the construction of McAdam and other roads. Approved March 3 1877, amending Section lot said act, so that Counties may issue bonds for the construction of free gravel roads as heretofore;
"Provided that the amount of such bonds cut- standing at any one time shall not exceed one and one half per centum on the value of the taxable property within the County." Referred to the committee on Roads.
By Mr. SMITH, of Jay, [S. 23] to amend Section 220 of the act of April 16, 1881, concerning criminal procedure. [Cause for challenge of Jurors.] Referred to the Judiciary Committee.
By Mr. VAN VORHIS [S. 24] to prevent the erection or maintenance over the rails or roadbed of any railroad in this State of anything dangerous to human life. Referred to Committee on Railroads.
By Mr. VOYLES [S 25.] to amend Sections 1 and 2 of the act appropriating money to pay minute and other men of the Indiana Legion. He said it was to supply an omission by which the Seventh Regiment of the Indiana Legion was omitted in the bill. The money is m the State Treasury for the purpose of supplying the omission and there should be no opposition to it. He moved that the Constitutional rule requiring a bill to be read by sections on three several days be dispensed with, so the bill may be read the second time by title, considered as engrossed, read the third time and put upon its final passage in the Senate to-day. The first motion was agreed to-yeas, 44; nays, 0and the bill was passed by yeas, 46; nays, 0.
By Mr. WHITE [S. 26] to amend Sections 8 and 9 of the act to establish a State Board of Health, by adding Township Trustees to the Board of Health. Referred to the Committee on Health and Vital Statistics.
By Mr. YANCEY [S. 27] to regulate and improve the practice of medicine m the State of Indiana. Referred to the Committee on Health and Vital Statistics .
By Mr. YOUCHE [S. 28] to regulate the interest upon school and other trust funds, after the 10th of March next, not less than 6 nor more than 10 per cent. per annum. Referred to the Committee on Education.
By Mr. GRAHAM [S. 29] to legalize the act of the Board or Trustees and other offices of the town of Westfield, Hamilton County, and their records since the organization of said town. He said it was of a purely local nature, and there Is an emergency for the immediate passage of the bill, which he explained. He moved for a dispensation of the Constitutional restriction, that the bill may be pressed to the final reading BOW. The motion was agreed to-yeas, 42; nays, O-the bill read the second time by title only, the third time by sections and finally parsed the Senate by yeas 43; nays, 0.
The LIEUTENANT GOVERNOR laid before the Senate a communication from the State Librarian that she has invited and received propositions for stationery for the General Assembly at 10 per cent;, less prices than the contract with the State Bureau of Printing. It was referred to the Committee on Printing.
By Mr. FLETCHER [S. 30] requiring notice to municipal corporations for injury done to persons on account of an alleged negligence of sued corporations within thirty days.
By Mr. FOULKE [S. 31] to amend Section 1 of the act supplementnal to the act establishing Public Libraries approved February 16, 1852, and No. 3,805, of the Revised Statutes of 1881. In towns having libraries of the value of $1,000 and over, the Trustees may assess a tax of one mill to the $lOO valuation for the maintenance, and five mills for the purpose of building repairs. Re- ferred to the Committee on Libraries.
By Mr. GRAHAM [S. 32] to punish persons who disclose the contents of messages sent over telephone message or conversation. Referred to the Judiciary Committee.
By Mr. HUTCHINSON [S. 33] relating to Telephone Companies to regulate the use and rental of telephones in the State. Referred to the Committee on Corporations.
Be it enacted by the General Assembly of the State of Indiana: Section 1. I;; shall be the duty of every Telephone Company or person, firm or corporation engaged in the business of leading telephones to tue public or supplying the public with telephones and telephonic service or operating a telephone exchange, to receive and transmit without discrimination messages from and for any other Company, person or persons upon tender or payment of the usual or customy charges therefor, and upon payment or tender of the usual or customary charge therefor or usual or customary rental sum, it shall be the duty of every Telephone Company, or person or persons, firm or corporation engaged in the business of leasing telephones to the public or supplying the public with telephones and telephone service or operating a telephone exchange, to furnish without unreasonable delay without discrimination and without any further or additional charges to the person, firm or corporation applying for the same, including all Telegraph Companies, a telephone or telephones with all the proper or necessary wires and fixtures and the use of such telephone's wires and fixtures as well as connection with the central office or telephone exchange if desired, and shall connect the telephone of such page: 30[View Page 30] person, firm or corporation with the telephone of any other person, firm or corporation having a connection with the same, or a connecting exchange or central office whenever requested so to do, without regard to the character of the message to be transmitted, provided they are not obscene nor profane, and every Company, person, firm or corporation neglecting or refusing to comply with any of the provisions of this act shall forfeit all right to transact a telephone business in this State, and may be enjoined therefrom and from leasing telephones to the public, from supplying the public with telephones and telephone service and from operating a telephone exchange by bill of complaint filed in any Court of competent jurisdiction by any person, firm or corporation injured, interested or denied any of the rights herein given ; or such person, firm or corporation neglecting or refusing to comply with any of the provisions of this act shall forfeit not less than twenty-five nor more than one hundred dollars for each and every day such neglect or refusal shall continue, one-half to the use of the person, firm or corporation prosecuting therefor.
Sec. 2. This ace shall take effect and be in force from and after the date of its passage.
By Mr. MACARTNEY [S. 34] to legalize the corporation of the town of Angola, Steuben County; each and every act of her officers, etc., etc. Referred to the Committee on County and Township Business.
By Mr. OVERSTREET [S. 35] to amend Section 1 of the act of August 16, 1881, concerning the taxation of certain towns within the limits of towns and cities. Referred to the Committee on Corporations.
By Mr. RAHM [S. 36] supplemental to the act concerning the incorporation of Street Railroad Companies-cities may tax street cars. Referred to the Committee on Corporations.
By Mr. RISTINE [S. 37] to amend Section 67 of the criminal proceedings, approved April, 1881. amending Section 1,640 of the R. S. of 1881, so that it will read:
"Whenever any act is made a public offence against the State by statute, and the punishment therefor is provided thereby, or any such act is made a public offence by the provisions of any ordinance of any incorporated city or town in this State, which was in force at the date of the taking effect of this act of which this is an amendment, and which has not been repealed by ordinance, and the punishment therefor is provided thereby, such act may be punished by either said statute or such ordinance, but not by both."
Referred to the Judiciary Committee.
By Mr. SAYRE [S. 38] to amend Section 1 of an act to amend Section 58 of the general city repeal incorporation act of March 7, 1873. Referred to the Committee on Corporations.
By Mr. VAN VORHIS [S. 39] to amend Section 7 of the act in relation to the laying out of streets, alleys, etc., of cities in this State of March 17, 1875, so as to provide for the collection of benefits. Referred to the Committee on Corporations.
By Mr. VOYLES [S. 40] to amend Sections 24 and 27 of the act of April 15, 1881, concerning roads and highways. Referred to the Committee on Roads.
By Mr. YANCEY [S. 41] to amend Section 3 of the act to regulate the indebtedness of cities having a population of 16,000 and over. Referred to the Committee on Corporations.
And then the Senate adjourned till 10 o'clock a. m, to-morrow under the rule,
