THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, March 1, 1883-10 a. m.The Senate met, pursuant to adjournment, Lieutenant Governor Hanna in the Chair.
The reading of the minutes was preceded with at the request of the Lieutenant Governor.
The Secretary, reading as part of the minutes the remarks of Mr. McCullough, reflecting upon the Lieutenant Governor, the reading was interrupted by-
Th9 LIEUTENANT GOVERNOR (to the Secretary): Are yon putting the Speeches of Senators in the minutes?
Mr. WILLARD replied: The Chair ordered them to be taken down.
The LIEUTENANT GOVERNOR responded: Not to be put into the minutes.
When the reading was renewed-
The LIEUTENANT GOVERNOR said the minutes are not correct. The minutes show that a Senator on this floor was elected President; pro tem. last night, and that there was a time during the session of the Senate last night when there was no President of the Senate, and I desire to have the minutes corrected as to that. I will call attention to the rules on that subject. Rule 6 reads: "The President shall have the right to name any Senator to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment." You will remember, and the minutes show, that at the convening of the Senate yesterday afternoon the Lieutenant Governor was in the Chair. About 9 o'clock I called the Senator from Rush [Mr. Spann] to the Chair, and was sitting in the cloak room close by. I went out for a few minutes, and when I came into the Senate Chamber the Senator from Rush was still in the Chair. The Chair had the power, under this rule of the Senate, when the Senate met yesterday afternoon to call any Senator to the Chair, and that Senator for the time would have the same rights as the Lieutenant Governor-the President of the Senate proper. Therefore, that part of the minutes which declares there was no President of the Senate, does not speak the truth, and that part of the minutes ought to be corrected I desire to have this statement of the Chair taken down and go into the records. Just before the adjournment the Chair made a statement of some length that would occupy some three or four pages of that journal, stating the position of the Chair about what purported to be an enrolled act of the House. I see the Secretary has only a few lines on that subject. I desire the remarks of the Chair on the point of order to go upon the journal The Secretary states in the minutes that Senator Voyles offered a resolution. There was no resolution offered to the Senate. The record as to that is incorrect
Mr. WILLARD (interposing): In what respect?
The LIEUTENANT GOVERNOR: The Senator from Washington [Mr. Voyles] rose in his place and asked leave of the Senate to introduce a resolution. Several Senators objected, and the Chair stated that the Senate refused leave. Then the resolution was read for information-that is to see whether the Senators would give their consent.
Mr. WILLARD: That is what the journal shows.
The LIEUTENANT GOVERNOR: If that is the way it is, it is right. The Chair stated to the Senator who one red the resolution that the Senate refused to permit him unless the rules of the Senate be suspended. There was no motion made by any Senator to suspend the rules for the Senator to offer the resolution. The minutes do not show that. The resolution as submitted or offered by the Senator from Washington ought not to go on the minutes for the reason that it was not before the Senate in any manner, shape or form.
Mr. BUNDY thought what the Chair has said about the minutes being incorrect is true: especially that part which relates to the explanation the Chair made early this morning at time of the protest was entered by the Senator from Washington. It is the business of the journal, if it states anything, to state the exact facts. It is the duty of the Senate to arrive at the exact facts as nearly as possible, and when so arrived at it can do no one any harm. He moved that the minutes be corrected in that particular in the particulars the Chair has named.
Mr. VOYLES moved to lay the motion on the table, which motion was seconded by Mr. Willard
The LIEUTENANT GOVERNOR: The minutes have to be corrected.
Mr. BUNDY thought that a question of the page: 274[View Page 274] highest privilege. He didn't want to do anything unfair.
Mr. McINTOSH Didn't you suggest to correct the minutes as the President stated?
Mr. BUNDY: If so it was not properly stated. In the particulars in which the journal is incorrect he moved it be corrected. If there is any- thing in the journal not correct it ought to be corrected-that is nothing more than fair.
Mr. McINTOSH thought the motion should be put in writing.
Mr. BUNDY: I will examine the journal and put my motion in writing in the particulars I think incorrect.
The LIEUTENANT GOVERNOR: The order for correcting the minutes will stay in abeyance until the motion is made in writing.
On motion by Mr. RISTINE the House amend merits to his bill [S. 170] to create the Forty-fourth Judicial District-the County of Montgomery-was concurred in.
CONVICT LABOR
On motion by Mr, CAMPBELL his bill [S. 247] to provide for the more profitable and equitable hiring by the State of the convicts in tn.e State Prison-see page 215 of the Brevier Reports-was read the third time and passed by yeas, 36; nays, 4.
Mr. CAMPBELL having this bill provides for a thorough system by which to put the contracts for convict labor m the most open competition, the object being to have the convicts bring the highest price in the market that competition can force, and the result must be to raise the prices paid for convict labor so much as to make the Prisons bring an income to the State, and also to overcome very largely the depressing influence upon free labor, which the present system of low prices for convict labor has caused.
OUTSWINGING DOORS
On motion by Mr. DUNCAN his bill [S. 85] to amend Section 2,155 of the act concerning public offenses and their punishment; was read the third time and passed by yeas, 38; nays, 0.
Mr. Duncan explained the bill was intended to relieve the Trustees of Townships of the necessity of changing doors of one-story District School Houses so as to swing outward, and providing they shall not be prosecuted for not doing so.
OBSTRUCTIONS IN STREAMS.
On motion by Mr. OVERSTREET the bill [H. R. 277] to authorize Boards of County Commissioners to change the course, direction or location of the channels of any stream or body of water, upon petition of a majority of resident land owners adjacent, whose lands are to be affected by the dame, and authorizing the taxation of such lands to keep in repair such works, was read twice by title under a setting aside of th Constitutional rule by a two-thirds vote. The bill read the third time and passed by yeas, 39; nays, 0.
A MESSAGE FROM THE HOUSE
announced its reconsideration of the vote concurring in the agreements of the Committee of Free Conference of both Houses on the general appropriation bill [H. R. 302]
On motion by Mr. YANCEY the bill [H. R. 333] to legalize the incorporation of the Shelbyville and Marietta Turnpike Company was read twice under a suspension of the Constitutional rule by a two-thirds vote, read the third time by section and passed the Senate by yeas, 34; nays, 1.
Mr. YANCEY is assured there is no pending lawsuit or anything of that kind; the bill is local in its character and is all right.
PUBLIC MONEYS.
On motion by Mr. WILLARD the Constitutional role was dispensed with and the bill [H. R. 369] concerning the duties of Township, County and State officers was read twice by title, the third time by sections, and passed by yeas, 40; nays, 0.
Mr. WILLARD, explaining. The bill provide that officers' percentage on monies due estates and not paid over for a certain number of years, unclaimed monies; fees etc., shall go into the school fund Instead of the pockets of these officials
WABASH AND ERIE CANAL LANDS.
Mr. BELL, stating that the bill [H. R. 329] to provide that where patents have been issued for Wabash and Erie Canal lands and been lost, and while mistakes have been issued for lauds sold prior to 1847, and where continuous possession and full judgments have been made, the Auditor of State may issue patents, is a bill very much needed, and on his motion the bill was read twice by title, under a setting aside of the Constitutional restriction, by a two thirds vote, the third time by sections, and passed by yeas, 38; nays, 0, with a Committee amendment.
GENERAL APPROPRIATION BILL.
Mr. HENRY entered a motion to reconsider the vote by which the Senate agreed to and concurred in the report of the Conference Committee on House bill 302, being the general appropriation bill, and that the Senate recede from all Senate amendments to that bill which have not been concurred in by the House.
Then came a recess till 2 o'clock.
AFTERNOON SESSION.
On motion of Mr. MAY the House amendments to the bill [S. 121] to legalize the acts of a certain voluntary association in Vauderburgh County were concurred in.
OVERSTREET AND JOHNS0N CONTEST.
Mr. SAYRE offered a resolution, which was adopted, that the Johnson vs. Overstreet contest case be and the same is hereby made a special order before the Senate for to-morrow at 10 o'clock a. m , and that at 4 o'clock p. m a vote shall be taken as if the Senate was operating under the previous question, and that no other business until 4 o'clock p. m. shall be considered, except by unanimous consent.
GRAVEL ROADS.
On motion by Mr. RAHM, his bill [S. 187] to amend Sections 1 and 3 of the repair of turnpike road act-being Sections 5,104 and 5,106 of the Revised Statutes of 1881]-was read the second time by title, considered engrossed, under a suspension of the rules by a two-thirds vote, read the third time and passed by yeas, 34; nays, 1.
Mr. RAHM explaining the bill strikes out, the sixty days, so any County can avail itself of the present law to make a small levy to keep gravel roads in repair. It is much needed in the southern part of the State where the floods have badly washed many roads.
REVISION-COMMITTEE CLERKS
Mr. BENZ introduced a bill [S. 291] supplement al to an act concerning the publication of the Revised Statutes of iy81, [to authorise the Auditor of State to draw his amounts in favor of Cyrus T. Nixon and Orson M. Tyler for a per diem equal to two dollars per day for extra work as clerks, and George H. Cleming as proof reader-making the pay of clerks five dollars and of proof reader seven dollars per day for the term actually employed on the Revision Committee.] It was read the first time and referred to the Committee on Finance.
OBSTRUCTIONS IN STREAMS.
On motion of Mr. ADKISON the bill [H. R. 351] to provide for the removal of mill dams and other obstructions from water courses to prevent the overflow of lands, and declaring an emergency, was tinder a suspension of the Constitutional rule by a two-thirds vote read the second time by title only, the third time by sections.
page: 275[View Page 275]Mr. ADKIS0N explaining the author of the bill stated to him there are several old dilapidated mill dams, and there are no means under the present law by which the mills or dams could be removed. This law is to remedy that defect.
Mr. SAYRE suggested objections.
Mr. HENRY could gee no need of this bill being enacted into a law. Why multiply these kinds of laws and thus make a conflict? There is nothing in the bill requiring it to be taken as a cumulative remedy.
Mr. VOYLES desired to know the effect of the provisions of the bill.
Mr. BUNDY replied that by its operations where there is a dam by a mill site, there would soon be no mill by a dam site [Laughter.]
On motion by Mr. ADKISON the bill was referred to the Committee on Swamp Lands, which Committee subsequently reported an amendment, making the bill supplementary to the drainage law.
The amendment was agreed to, and the bill passed by yeas, 30; nays. 19.
LOCAL BILLS.
Mr. FLETCHER introduced a bill [S. 292] to pay I. F. & W. L. Talbott $4,439 79 for paving in front of the State's property on Meridian street, which was read twice by title only, the third time and passed by yeas, 37; nays, 5-under a suspension of the rules.
On motion by Mr. WHITE the bill [S. 217] to authorize the Willard Library of Evansville to sell certain real estate, was read the second time by title, under a suspension of the Constitutional rule, considered as engrossed, read the third time and passed by yeas, 38; nays, 2.
On motion by Mr. MARVIN the House amendments to his bill [S. 167] to create the Forty-third Circuit-the amendment changing the number to Forty-fifth Judicial Circuit.
THE DOG LAW.
On motion by Mr. WILLARD a favorable report from the Finance Committee on the bill [H. R. 61] providing for the taxing of dogs, was concurred in. The bill was read the third time and passed by yeas,-; nays,-.
Mr. WILLARD said the present dog law has proved very unpopular. Now dogs by hundreds are umtagged and untaxed, the law being practically a dead letter. The provision will come in 1884. As the owner has been taxed doubly, the law has an emergency clause so the assessment will be made this spring, as was in the old law previous to 1881. Then the Assessors did not practically carry out and enforce the law. If the Assessor knows the man assessed has not listed his dog the Assessor is fined $5, it is a doubtful question whether a tagged dog can be killed under any circumstances, but this law allows that where the dog is known to have killed or maimed a sheep. Unless a law of this kind is passed within a year there will not be a penny of revenue derived from this source.
The bill passed by yeas, 30; nays, ll.
On motion by Mr. SPANN the Senate concurred in the amendments to the bill [S. 196] which gives more time to a Court in his District,
FOREIGN INSURANCE COMPANIES.
On motion by Mr. Magee his bill [S. 273] concerning foreign Insurance Companies-authorizing service of legal process upon Insurance Companies doing business inside of the State of Indiana-was read the second time by title only, the Committee amendments agreed to, and made a dispensation of the Constitutional restriction by ft two-thirds vote the m was read the third time and passed by yeas, 36; nays, 1-to take effect forty days after its passage.
On motion by Mr. GRAHAM his bill [S. 275] to require certain officers to keep cash books, was read the third time and passed by yeas, 85; nays, 1.
Mr. VOYLES, favoring its passage: It is due to the public that items of money paid in and paid out should be set down in writing.
STATE UNIVERSITY ENDOWMENT.
On motion by Mr. Duncan the bill [H. R. 256] to provide a fund for the permanent endowment of the State University was read the first time and referred to a Special Committee of Five, with instructions to report at - o'clock to-morrow. The Committee is made to consist of Messrs, Duncan, Magee, Spann, Bell and White.
SCHOOL FUND.
On motion by Mr. JOHNSON the Constitutional rule was dispensed with by a two-thirds vote, and his bill [S. 206] to require County Auditors to quarterly advertise the amount of school fund remaining unloaned in his office, was read the second time by title only, Committee amendments agreed to, the bill considered as engrossed, and passed by yeas, 36; nays. 4.
Mr. JOHNSON was sure the provisions in this bill will prove very advantageous to the school fund. A number of Counties are now complaining that the school fund can not be loaned, when by advertising in all probability borrowers could be found.
AMENDMENT TO THE RULES.
Mr. VOYLES offered the following as a new section to the Senate rules and as an amendment to said rules, and gave notice that on to-morrow, March 2, he will move its adoption:
Section 61. That whenever the Senate shall be notified that any bill that originated in the House and that has passed both branches of this General Assemlby, and that has been delivered to the Governor, and that has by him been returned to the House in which it originated with his objections thereto, and that has been by such House reconsidered and passed over such veto of the Governor, all debate, upon whatever subject or question, shall at once cease, and all other business shall be suspended, and the Senate shall at once, as if the Senate was operating under the previous question, proceed to consider whether such bill shall pass, notwithstanding such veto of the Governor.
LOCAL BILLS.
On motion by Mr. Bell the Constitutional rule was dispensed with by a two-thirds vote, and the bill [H. R. 230] to legalize the sale of certain real estate in Connersville to Edward F. Claypool, was read the second time by title, the third time by sections, and passed by yeas, 32; nays, 8.
On motion by Mr. Foulke the bill [H. R. 366] to abolish the Maple Grove Cemetery, of Richmond, was read twice by title, the third time by sections, and passed under a suspension of the Constitutional rules by yeas, 39; nays, 0.
On motion by Mr. Smith, of Jay, the bill [S. 280] contemplating a change in the County lines of Grant, Blackford, Warren and Fountain Counties, was read the second time with a majority report favorable, and a minority report recommending its indefinite postponement. Pending the consideration of which the Senate adjourned.
