THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, March 13 3 , 1883-9 a. m.The Senate met, the Lieutenant Governor in the Chair.
The reading of the minutes was dispensed with.
On motion by Mr. VAN VORHIS his bill [S. 295] to repeal an act concerning legal advertising in certain cases [requiring publication to be made for three consecutive weeks in a daily news paper], approved day before yesterday, was, under a setting aside of the restriction in the Constitution of the State by a two-thirds rule, read the second time by title only, the third time by sections and passed by yeas, 37: nays. 3. Mr. Van Vorhis explaining the act sought to be repealed required the publication for three weeks daily instead of three weekly publications as was the intention.
Mr. FLETCHER stating that the office of Township Trustee is virtually closed up while it was essential that it should be kept open which the bill [H. R. 176] proposes to allow, he moved for a suspension of the Constitutional rule that this may be done.
Mr. VAN VORHIS seconded the motion, declaring the measure necessary to allow that officer to properly perform his duties.
The motion was agreed to, and the bill [H. R. 176] to amend Section 6,376 of the Revised Statutes of i88I was read twice by title, the third time by sections, and passed by yeas, 34; nays, 0.
ELECTRIC LIGHT IN CITIES AND TOWNS.
Mr. RAHM moved to take up the bill [H. R. 359] in relation to lighting of cities and towns with electric light and press it to the final vote under a suspension of the Constitutional rule.
The motion was opposed because of a contest in Evansville concerning this matter, and for other reasons-bills should not be hurried through under a suspension of the Constitutional rule with but one reading, especially in the last days of the session, etc-by Messrs. Voyles and Graham.
Mr, MAGEE favored the motion. A similar bill has been on the Senate files since the first day of February.
Mr. YANCEY believed all the opposition to this bill comes from the Evansville Gas Company.
Mr. RAHM said there was no one objecting in Evansville out from a single corner-even the Gas Company's attorney is satisfied with this bill, and every opponent gives him to understand that a 150 foot tower would be satisfactory. The bill is general in character and applies to other cities than Evansville.
Mr. ADKISON favored the motion.
Mr. HENRY knew opposition to the bill has not been withdrawn, and he opposed the motion.
Mr. VOYLES claimed this an effort to legalize what is claimed to be a nuisance in a case that is now a controverted question in litigation.
Mr. FOULKE was willing the bill should be considered, but hardly thought it in a shape to pass.
The motion to suspend the Constitutional rule was agreed to by yeas 34; nays, 9.
On motion the bill was referred to Messrs. Voyles. Rahm and Bundy.
On motion by Mr. WHITE, the bill [H. R. 332] to amend Sections 1,622 and 1,623 of the Revised Statutes of 1881, so that wherever property has been seized under a search warrant, it shall not be necessary before the final disposition of the property to wait for the conviction of the person charged with the crime, but the Judge may determine the ownership before that time, was passed by yeas, 33, nays, 2.
SPECIFIC APPROPRIATION BILL.
Mr. SPANN, Chairman of the Committee on the Whole, returned the specific appropriation bill [H. R. 460] recommending its passage with the amendments adopted b ' the Committee at last night's session.
On motion by Mr. VOYLES the amendment allowing the Talbott claim was struck out a bill for the purpose having passed both Houses.
Mr. McINTOSH objected to allowing $1,300 to M. M. Campbell,regarding it as a gift.
Mr. JOHNSON, Chairman of the Committee on Education, did not regard it as a claim proper, but he was a painstaking teacher, and deserved pay for the extra services in the State University from 1835 to 1852. It is a recognition of very excel- lent services.
Mr. SMITH was on the Committee two years page: 286[View Page 286] ago, when it was a concluded point that he should Mare about this amount; but fearing a portion of the money would go into the hands of lawyers who were pushing the matter, did not make the report.
Mr. YANCEY expressed such fears now, and for that reason opposed the appropriation.
Mr. HENRY moved to amend by adding there to that the amount shall be paid to the said Campbell in person, or to his executor or administrator. It was agreed to by yeas, 27; nays, 12. The item as amended was agreed to by yeas, 17; nays, 15.
The Senate refused to concur in the Committee amendment proposing to allow the John Martin claim of $46,736 46, by yeas, 21; nays, 23.
Mr. BROWN moved to amend the report of the Committee of the Whole by adding $5,152.68 for lightning rods placed on the Insane Asylum by David R. Munson. Mr. Brown recited its history.
Mr. McINTOSH remembered this claim as before the House when he was a member two years ago and he regarded it as unjust.
Mr. MAGEE spoke against it.
Mr. DUNCAN hoped the item would pass.
Mr. BELL said it was wrong unless Senators knew something against claims, to get up and oppose them. The evil of lobbying to get just claims through would pass out, of existence, When the Committee on Claims recommended a claim it ought not be opposed by work or vote of any Senator who knew nothing about it.
AFTERNOON SESSION.
On motion by Mr. VOYLES the House amendment to the bill [S. 292] concerning work done by the Talbott Brothers, $4,439 79 was stricken out, it having been embodied in a bill which had passed both Houses.
THE NEW STATE HOUSE.
Mr. SPANN offered the following:
Whereas, The Board of State House Commissioners have recommended additional legislation, the passage of which bill was in their opinion, necessary to secure the speedy completion of said building according to the plans and specifications adopted by said Board; and
Whereas, Such legislation has been defeated in the House of Representatives; and
Whereas, It is of the utmost importance to the taxpayers of the State of Indiana that said building should be completed as speedily as possible; therefore,
Resolved, by the Senate, the House of Representatives concurring therein, That in the event that the present State House contractors do not prosecute the work as last as the State House Commissioners are hereby authorized to cancel said contract and to relet said building to the lowest responsible bidder. Provided, That the same shall not be relet at a greater price or sum than $2,000,000.
Mr. S. moved for a suspension of the rules to allow of the immediate consideration of this resolution.
The motion gave rise to a long discussion, and was agreed to by yeas, 25; nays, 19.
The discussion [see appendix to these reports] was continued, and finally the resolution was rejected by yeas, 19; nays, 25,
ELECTRIC LIGHT IN CITIES AND TOWNS.
On motion by Mr. BUNDY the bill [H. R. 359] in relation to the lighting of cities and towns with the electric system was considered. Committee amendments concurred in, saving pending suits, and the bill read the third time.
Mr. GRAHAM understood the bill as amended does not limit the height of tower that may be erected under its provision. He did not think the Legislature ought to license that to be done which may deprive citizens of the enjoyment of their property if not endanger their lives. He could net support the bill. '
Mr. CAMPBELL, understanding this bill contains nearly all the amendments reported by a minority of the Committee to a similar Senate bill, would now vote for it report.
Mr BELL also, with the Committee amendment just adopted, should vote in favor of the bill.
The bill passed by yeas, 34; nays, 6.
Mr. McINTOSH made an ineffectual motion to suspend the Constitutional rule-yeas, 25; nays, 15, two-thirds not voting in the affirmative-so as to pass the final vote the bill [H. R. 110] concerning proceedings in civil cases-to repeal Sections 1,397, 1,398, 1,399, 1,400, 1,401, 1,402, 1,403 and 1,404 of the Revised Statutes of 1881.
On motion by Mr. LOCKRIDGE the bill [H. R. 429] to appropriate $20,000 for the erection of a family building and putting in gas mains at the House of Refuge, under a dispensation of the Constitutional rule, was read twice by title, the third time by sections, and passed by yeas, 38; nays, 0.
Mr. LOCKRIDGE, explaining, and reminding Senators it was agreed to two years ago without a dissenting voice.
On motion by Mr. KEISER the bill [H. R. 55] to prevent the sale of impure butter, declaring such sale a misdemeanor, and declaring an emergency, was, under a dispensation of the Constitutional restriction, read twice by title only, the third time by sections and passed the Senate by yeas, 35; nays, 10.
On motion by Mr. BELL the bill [H. R. 418] to legalize the town of Cherubusco in the County of Whiteley, was pressed through the three readings and passed the Senate under a suspension of the Constitutional rule by yeas, 39; nays, 0.
On motion by Mr. WILLARD the bill [H. R. 227] to legalize the acts of the Trustees of Jasper, Dubois County, was advanced to the final reading and passed by yeas, 35; nays, 0.
MUTUAL LIFE INSURANCE COMPANIES.
On motion by Mr. SAYRE, the bill [H. R. 293] concerning Mutual Life Insurance Companies, under a suspension of the Constitutional rule by a two-thirds vote, was read second time by title.
Mr. SAYRE explained-under this bill such Companies shall not be organized until after having secured $200,000 policies on lives a prerequisite-their policy holders are to be secured by a bead deposited with the Auditor of State. It makes it unlawful to solicit insurance upon the lives of aged and infirm persons.
Mr. FOULKE referred to several bad provisions in the bill.
Mr. WILLARD objected to Section 6, and proposed several amendments to do away with a dodge or catch in the bill. He is informed that a clerical error noticed in the House on the third reading is still in the bill as reported to the Senate, and one amendment is to correct that.
Mr. BROWN demanded the previous question.
The Senate seconded the demand, and under the operation the amendments were rejected.
The bill was read the third time and passed by yeas, 36; nays, 10.
On motion by Mr. McCLURE the two amendments to his Clarksville charter bill [S. 120] were concurred in.
On motion by Mr. BROWN the bill [H. R. 91] to provide for the relocation of County seats was taken up, the question being on concurrence in a Minority Committee report recommending that the bill be indefinitely postponed.
The Senate concurred in the report by yeas, 26; nays, 14. So the bill was indefinitely postponed.
On motion by Mr. JOHNSON the House amendment to the title of the bill [S. 236] to fix commutation of terms of sentence of convicts was concurred in.
On motion by Mr. YOUCHE the House amendments to his bill [H. R. 289] were concurred in.
page: 287[View Page 287]FENCING OF RAILROADS.
On motion by Mr. ADKISON his bill [S. 42] to require railroads to fence their lines, etc., was read the second time by title only under a suspension of the rules by a two-thirds vote, the question being on a minority report recommending the passage of the bill.
Mr. YANCEY declared the bill proposes an impossibility. It is wrong and vicious and ought not to pass. Men living along the road could extort from the Railroad Companies, and then Railroad Companies can not fence their roads to the time set In the bill. He desired the people to deal fairly with the Railroad Companies as he would have the Railroad Companies deal with the people.
Mr. MARVIN thought this the worst bill ever introduced in this Senate. The greatest expense to farmers is building fences. It is wrong to put, anybody to the expense of building fences except to fence in stock.
Mr. ADKISON expected this bill would meet with opposition. For twenty-eight years the Wabash Valley Railroad has been running through some of the best corn fields in Wabash County, and the road promised to fence when they got the right of way. Twenty-eight years is surely time enough for them to fence this track. If there is a Railroad unable to fence its track they ought to sell out.
On motion by Mr. BROWN the bill and reports were laid on the table.
On motion by Mr. MACARTNEY the bill [S. 81] to authorize County Commissioners to grant bounties [$2 each] for the destruction of woodchucks, hawks or owls was read twice by title, the third time by sections, and passed under a suspension of the rules, by yeas, 28; nays, 7.
On motion by Mr. BISCHOWSKI the bill [H. R. 372] concerning voluntary Associations for the purpose of forming Gymnastic or Turnverin Associations-to authorize such to hold real estate or personal property-was read twice, under a suspension of the Constitutional rule, read the third time and passed by yeas, 80; nays, 1.
The Senate took a recess till 7:[?]0 o'clock p. m.
NIGHT SESSION.
Mr. MAY, from the Committee on Claims, returned the resolution allowing $300 each to the Principal and Assistant Secretaries for making index for the Senate Journals, and it was adopted.
Mr. BUNDY moved to take up the prohibition amendment to the Constitution joint resolution [H. R. 1] and press it to the final vote and on that motion he demanded the previous question.
On motion by Mr. BELL the motion was laid on the table by yeas, 22; nays, 18.
On motion by Mr. MAGEE the House concurrent resolution for a Joint Convention to elect a Chief of a Bureau of Statistics was taken up and amended by fixing the time at 8 o'clock p. m. this evening.
Mr. FLETCHER made an ineffectual motion yeas, 20; nays, 24-to press to a final vote the bill [S. 338] to abolish the office of City Treasurer in cities Having a population of 60,000 and over.
On motion by Mr. MAY his bill [S. 168] to legalise the acts of the Trustees of Cannelton, Perry County, was, under a suspension, passed to the final vote and paused by yeas, 85; nays, 0.
A Committee from the House of Representatives announced the House in waiting for Senators to meet in Joint Convention for the purpose of electing a Chief of the Bureau of Statistics.
Thereupon the Senate repaired to the Hall of the House.
When the Senators returned to their Chamber-
On motion by Mr. McCULLOUGH the bill [H. R. 270] to legalize toe town of Oakland, Gibson County, was pressed through three readings under a suspension of the Constitutional rule, and passed by yeas, 39; nays, 0.
On motion by Mr: SMITH, of Jay, the change of County lines bill [S. 280] to amend Section 4,204, R. S. of 1881, with a favorable majority and a minority report, recommending its indefinite postponement.
After discussion-see Appendix-
Mr. BROWN demanded the previous question.
The Senate seconded the demand.
Under the operations of the previous question the minority report was concurred in by yeas, 22; nays,21.
THE SPECIFIC APPROPRIATION BILL.
The Senate returned to the consideration of the specific appropriation bill-the question recurring on the motion to add $5,152.69 for a lightning rod placed on the Insane Asylum by David B. Munson.
Mr. CAMPBELL had investigated this matter and finds nothing in this claim.
Mr. BROWN demanded the previous question.
The demand w-s seconded by the Senate, and under the operation of the previous question-
The amendment [lightning rod] was agreed to by yeas. 24; nays, 10: and the Senate amendments were considered as engrossed by yeas, 28; nays, 15, the bill read the third time and passed by yeas, 25; nays, 17.
On motion by Mr. BELL, upon a two-thirds vote the Constitutional rule was suspended and the bill [ H. R. 42 420 ] providing means for the erection of the new State House, and the assessment and collection of taxes therefore-two cents upon each $100 valuation-was read by title the third time by sections and passed by yeas, 33; nays, 8.
Mr. RISTINE submitted a report from the Committee of Conference on his Horse-thief Detective Company bill [S. 88] recommending amendments, which were concurred in.
On motion by Mr. WHITE, the Constitutional restriction was dispensed with by a two-thirds vote, and the bill [H. R. 160] to prohibit the selling, bartering or giving away the questions prepared by the State Board of Education, to be used y County Superintendents in the examination of teachers, was read twice by title only the third time by sections and passed by yeas 31; nays, 0.
On motion by Mr. WILLARD the Senate adopted the House concurrent resolution instructing the Secretary of State to have 10,000 copies of the road, dog and decedent estates' law printed and distributed.
Mr. BELL introduced a bill [S. 295] supplemental to an act to repeal an act concerning legal advertisements in certain cases, approved day before yesterday [so as to revive all laws that may be repealed by the law approved day before yesterday], which was read three times under a suspension of the Constitutional rule and passed by yeas, 35; nays,1.
Mr. BELL stating it to be questionable whether all laws on this subject have not been repealed by the Texas like stampede the Senate took in passing a bill to-day repealing the one approved day before yesterday.
On motion by Mr. VAN VORHIS the restriction in the Courts was dispensed with by a two-thirds vote, and the bill [H. R. 161] to amend Sections 6,488 and 6 491 of the Revised Statutes of 1881 [so that under sales of property for taxes in cities in a city may be made a party with the State and County in the sale, and that delinquent land sold under one sale] was read twice by title, the third time by sections and passed by yeas, 31: nays, 3.
Mr. HENRY withdrew the notice he gave the other day of the motion to reconsider the vote by which the Senate agreed to the report of the Committee of Free Conference on the general appropriation bill.
On motion of Mr. RAHM the Constitutional rule was suspended by a two-thirds vote and Mr. May's bill [S. 1[?]9] to enable cities and towns with a population of less than 16,000 to refund their indebtedness at a lower rate of Interest, was read the second time by title, considered as engrossed, page: 288[View Page 288] the third time by sections and passed by yeas, 31; nays, 3.
On motion by Mr. LOCKRIDGE the Constitutional rule was suspended by a two-thirds vote and the bill [H. R. 397] to legalize the town of Roachdale, Putuam county, was read twice by title, the third time by sections and passed by yeas, 35; nays, 0.
On motion by Mr. KEISER the bill [H. R. 53] to legalize Burnettsville, White County, was read twice by title, again by sections, and passed by yeas, 31; nays, 0, under a suspension of the Constitutional rule.
On motion by Mr. VOYLES the Constitutional rule was suspended, and the bill [H. R. 105] concerning change of venue from Justice to Superior Court was read twice by title only, the third time by sections.
Mr. SPANN pointed out what he regarded as a vicious principle in this bill.
Mr. VOYLES thought the bill would not operate as stated by the Senator [Mr. Spann.]
On motion by Mr. BROWN the bill was laid on the table by yeas, 24; nays, 10.
On motion by Mr. SAYRE, the bill [H. R. 149] to amend ejection 516 of the R. S of 1881 [so as to put down cases upon the same footing as other cases may be commenced during the term], under a suspension of the Constitutional rule was read twice by title only, again by sections, and passed by yeas, 31; nays, 3.
LEGISLATIVE APPOINTMENTS.
A message from the Governor [a few minutes before midnight] announced his appointment, by and with the advice and consent of the Senate, Mrs. Eliza C. Hendricks and Mrs. Clare Walker, as members of the Board of Managers of the Indiana Reformatory for Women and Girls, to serve for four years from the 4th of March next-to-morrow
On motion by Mr. BELL these nominations were confirmed.
On motion by Mr. MAY the Constitutional rule was dispensed with and the bill [H. R. 280] touching the duties of Township Trustees [to empower Township Trustees to levy a special tax to liquidate indebtedness] was read twice by title, again by sections, and passed by yeas, 33; nays 1.
Mr. VOYLES called up his notice, given just before adjournment day before yesterday, to add to the rules new one-No. 61. It was adopted by yeas, 21; nays, 14.
Mr. SPANN gave notice of a protest which he asked and obtained leave to file on Monday as of to-day.
On motion by Mr McCLURE the bill [H. R. 231] to fix Court Terms in the Fourth Judicial Circuit-the Counties of Floyd and Clark-was read twice, a Committee amendment concurred in, under A suspension of the Constitutional rule, read the third time by sections and passed by yeas, 34; nays, 0.
Mr. CAMPBELL offered a concurrent resolution authorizing toe State Librarian to distribute the Adjutant General's report now in the Library, among the Colleges and Public Libraries of the State as they may be called for, not more than one set to each; provided at least ten sets shall be retained in the Library.
On motion by Mr. SMITH, of Jay, the bill [H. R. 170] for the sale of escheated estates, was read twice by title only, the third time by sections and passed by yeas, 34; nays. 0, under a dispensation of the Constitutional restriction.
On motion by Mr. HILLIGA88 the bill [H. R. 313] to amend Section 4 of an act providing a treasury system for the State, under a suspension of the rules by a two-thirds vote, was read twice by title, third time by sections and passed by yeas 3; nays, 1.
[It requires the Treasurer of State to give bond for $100,000 with twelve good freehold sureties.]
EXECUTIVE APPOINTMENTS.
A message from the Governor announced his appointment of John W. Compton, of Vanderburgh County; W. W. Vinnedge, of Tippecanoe County; Joel M. Partridge, of St Joseph County, and Wm. Lomax, of Grant County, members of the State Board of Health subject to the consent of the Senate-the first two to serve till the last day of February, 1885, and the last two till the last day of February, 1887.
On motion by Mr. BUNDY these nominations were confirmed.
On motion by Mr. BELL the bill [H. R. 332] to amend Sections 1,622 and 1 623 of the Revised Statutes of 188 was parsed to the final reading, and passed by yeas, 35; nays, 0.
And then at 12:07 the Senate adjourned.
