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




WEDNESDAY, January 10,188310 a. m.

The session was opened with prayer by Rev. W. A. Patton of the Sixth Presbyterian Church.

On motion by Mr. VOYLES the reading of the Secretary's minutes of yesterday was dispensed with.

Mr. RAHM by consent introduced a bill [S. 49] to fix the times for holding Courts in the County of Posy and Vanderburgh. On his motion, under a dispensation of the Constitutional restriction-yeas, 48; nays, 0-the bill was passed to the final reading and passed the Senate by yeas, 47; nays, 0.


The House message announcing that the House of Representatives has confirmed a contract with the Bates House for six Committee Rooms at a rental of $900 for the session-that the Judiciary Committees of both Houses will meet in the Supreme Court Judges' consultation room on each alternate night-the Senate Committee Monday, Wednesday and Friday night, and the House Committee Tuesday, Thursday and Saturday nights, with an amendment authorizing a Joint Committee to contract with the Bates House, was referred to the Special Committee on Committee Rooms.


The LIEUTENANT GOVERNOR submitted a petition from twenty-seven Senators requesting the appointment of Arthur Moody as an additional page; signed by twenty-seven Senators, several of whom asked that their names be stricken from the petition, inasmuch as one or two pages have been appointed since. In response to an inquiry, the Lieutenant Governor stated that the same number of pages as last session have already been appointed, viz.; five.

Mr. YANCEY moved that Arthur Moody be appointed an additional page to serve under the Secretary of the Senate.

This motion was rejected by yeas, 21; nays, 25i


Mr. WILLARD presented a petition from the Mitchell Medical Society, which was referred without reading, to the Committee on Public Health.

Mr. FAULKNER presented a petition recommending Oliver P. McCullough for Doorkeeper of the Senate, from the County of Ripley. It was referred to the Committee on Executive Appointments.

Mr. BROWN presented a claim in favor of David. R. Munson, which was referred to the Committee on Claims, without reading.

On motion by, Mr. SPANN the papers in the contested case of Johnson vs. Overstreet were referred to the Committee on Elections.


Mr. COMPTON offered a resolution authorizing the Principal and Assistant Secretary to furnish stationery to Chairmen of Committees.

On motion by Mr. BUNDY it was referred to the Committee on Printing.

Mr. SAYRE offered a resolution authorizing the Chairmen of Committees and the Secretary of the Senate to draw on the State Librarian for stationery for the use of Standing Committees, said requisitions to be indorsed by the Assistant Secretary and entered on the journal of the Senate on the day issued.

Mr. SAYRE moved to refer it to the Committee on Printing.

Mr. BUNDY and Mr. GRAHAM insisted the law made it the duty of the State Librarian to furnish stationery for the use of the General Assembly.

Mr. BROWN insisted that the law referred to was by implication repealed, and the Senate has already acted upon this subject definitely. He made the point of order that the resolution is out of order.

The LIEUTENANT GOVERNOR decided the point well taken. If the law is as stated by the Senators from Henry and Hamilton then there ia no need of action by this body; if not, as stated by the Senator from Jackson, the Senate has already acted on this subject.

Mr. GRAHAM saw a tendency in this matter to override the law, which may go so far as to try and take away the power vested in the Executive of the State and place it in other hands.

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Mr. VOYLES did not consider that the section referred to authorizes the Librarian to purchase supplies, but only sets out the manner of paying therefor. The senate may direct any one to purchase supplies elsewhere, without conflict with the Section 5,698 of the Revised Statutes of 1881. Mr. FOULKE knew of no repeal of the Section 5,698 and believed it proper for the Senate to direct how much stationery is needed, etc.

The LIEUTENANT GOVERNOR decided there is nothing before the Senate.


Mr. RISTINE offered a concurrent resolution concerning the survey of the Kankakee River region, authorizing the printing of 500 copies of the report of Engineer Campbell, under whom the survey was made. He stated that the number printed had been exhausted, and a number of persons are requesting extra copies.

Mr. VAN VORHIS understood there is over $1,000 unexpended of the appropriation made for that purpose.

Mr. HILLIGASS believed the Survey Commission has authority to expend moneys from that fund for the printing of this report. Till that fund is exhausted he should oppose the printing by the Senate-if the resolution directed pay to be made out of that fund he would favor it.

Mr. YANCEY moved inaffectually to lay the resolution on the table.

Mr. YOUCH moved to increase the number to 1,000, which amendment was accepted by Mr. Ristine.

Mr. WHITE desired to see the resolution passed.

Mr. SPANN also favored the resolution.

Mr. YOUCH said this was a matter of great interest to the people in his part of the State. He moved to refer the resolution to the Committee on Swamp Lands, feeling assured that the Committee would recommend the printing of this report.

Mr. GRAHAM deprecated any delay in this matter, and favored the adoption of the resolution at once.

Mr. RISTINE understood the report is now in type, and the cost of printing will be small.

The motion to refer was agreed to.


Mr. SPANN offered a joint resolution [S. -], as follows:

Whereas, It is the pride of the American people that the American laborer is more intelligent and better paid than his foreign competitor: and

Whereas, Congress has recently appointed a Commission for the revision of the tariff, and that said Committee has made a report in favor of the modification of our present tariff laws; and, being of the opinion that the American people should devote themselves to the welfare of America, therefore, be it

Resolved by the Senate, the House of Representatives concurring therein, That we are not in favor of a tariff for revenue only, but are in favor of such a tariff as shall in all things discriminate in favor of the American workingman and laborer. And we request Senators and Congressmen from the State of Indiana to vote and work for the passege of such an act as will test secure such protection to the working classes of the United States.

Mr. WILLARD moved to refer it to the Committee on Federal Relations.

Mr. VAN VORHIS made an ineffectual motion-yeas, 18; nays, 26-to instruct the Committee to report by Tuesday next.

The motion to refer was agreed to.


Mr. GRAHAM offered a concurrent resolution congratulating the soldier;, of Indiana on the election of Major Charles T. Doxey as a Representative in Congress from the Ninth Congressional District.

Mr. HILLIGASS was sure no member would, personally, more willingly congratulate a soldier on success than he, but it is apparent the object of the resolution and other similar acts of gentlemen on the other side are for a dilatory purpose. While wounded as often as Major Doxey, he was not willing to see the time of in this body consumed in such manner.

Mr. HENRY could not see why the Senator who has just taken his seat could not vote for this resolution as he has announced his willingness to congratulate so idlers on their success.

Mr BROWN offered an amendment deploring the defeat of Hon. Thomas B Ward [Laughter]. On motion by Mr. Marvin, the resolution and the substitute were laid on the table-yeas, 24.; nays, 37.

Mr. VOYLES offered a joint resolution concerning


[S. No. -] requesting our Representatives and instructing our Senators in Congress to vote and use their influence in favor of a tariff law that will give no further protection than may arise legitimately, incidentally, out of that which will operate to raise the necessary revenue for the Government, and we further recommend said Senators and Representatives to vote to remove all duty, as far as expedient, from salt and clothing and other articles so indispensably necessary among all classes of our people.

Mr. FOULKE moved to lay it on the table, pending -which

The Senate took a recess till 2 o'clock. ^


The motion to lay on the table was agreed to by yeas, 19; nays, 17. :


Mr. VOYLES, from the Special Committee appointed to secure rooms for the use of the Standing Committees of the Senate, recommended the acceptance of the Bates House proposition of five rooms for $450 for this session.

The report was concurred in.

Mr. BROWN moved to reconsider the vote by which this report was concurred in, and to lay that motion on'the table.

The latter motion was agreed to.

Mr BISCHOUSKY announced that the Superintendent of Public Instruction has tendered the use of two of his rooms to the Committee on Education.


The following described bills were introduced, read the first time, and severally referred to appropriate Committees.

By Mr HUTCHINSON [S. 50] concerning the official terms of the Directors of the Northern Slate Prison of the persons elected at the present session two shall hold for four years each and one for two years. Referred to the Committee on Prisons.

By Mr. KEISER. by request. [S. 51] supplemental to the act approved March 17, 1875, relating to the opening/widening and laying out of streets, highway, etc. Referred to the Committee on Corporations.

By Mr. MACARTNEY [S. 52] to amend Sections 218, 227 and 228 of the act of March 29, 1881, concerning taxation. Providing for an increase of penalty on taxes attaching real estate sold for taxes after expiration of the time for redemption and where the sale has been declared illegal. It was referred to the Judiciary Committee.

By Mr, MAGEE [S. 53] to provide for the uniform assessment of Telephone Companies-$2 for each instrument. Referred to the Committee on Corporations.

By Mr. MARVlN [S. 54] to license and regulate the traffic in intoxicating liquors and for the suppression of tippling houses. [All who sell spiritu page: 39[View Page 39] ous liquors must pay a license of $25; no liquor permitted to be drank on the premises; nor sold to drunkards or minors, and the seller is liable for damages to all persons interested] It was referred to the Committee on Temperance.

By Mr. MAY [S. 55] to amend Section 3,224 of the Revised Statues concerning elections and the contest thereof-city election Precincts. Referred to the Committee on Corporations.

By Mr. RISTINE [S. 56] to amend Sections 86, 95, 97, 158, 159, 160, 164, 165, 176, 207 and 215, and to repeal Sections 106, 157, 162, and 169 of the act for settlement of decedent estates approved April 14, 1881. [It provides that administrators may waive the filing of all claims of $20 and under-does away with Probate Court Docket-requires notice to be given only in final settlements, and the administrator may pay into Court or distribute balance in his hands as the Court may direct.] It was referred to the Committee on the Judiciary.

By Mr. SAYRE [S. 57] to amend Section 280 of the act concerning civil case proceedings. Approved April 7, 1881-relating to administrators', heirs', etc., testimony. Referred to the Judiciary Committee.

By Mr. SMITH, of Delaware, [S. 58] to amend Section 1 of an act for the regulation of weights and measures, approved April 15, 1881. [It changes the standard weight of ear corn from sixty-eight to seventy pounds (avordupois) to make the Indiana law conform to those of adjoining States. It also restores the standard weight of oats, which was omitted in the publication of the code.] It was referred to the Committee on Agriculture.

By Mr. VAN VORHIS [S. 59] to amend Section 1 of the act to amend Section 53 of the general city incorporation act, approved May 14, 1867, approved May 10, 1873. [To enable cities to tax vehicles] Referred to the Committee on Corporations.

By Mr. WHITE [S. 60] concerning proceedings in criminal cases-Section 10,640, approved April 19, 1881. Referred to the Judiciary Committee.

By Mr. WILLARD [S. 61] to amend Section 23 1/2-being Section 5,866 of the Revised Statues of 1881, of the fee and salary act-increasing Prosecuting Attorney's fee in felony cases from $7 to $10; not guilty in misdemeanors $7 and other cases mentioned $10. Referred to the Committee on Fees and Salaries.

By Mr. YANCEY [S. 62] prohibiting certain animals from running at large. Referred to the Committee on Agriculture.

By Mr. YOUCHE [S. 63] to amend Section 15 of the railroad corporation act. Approved March 11, 1852. Referred to the Judiciary Committee.

By Mr. MAGEE [S. 64] authorizing Board of County Commissioners to purchase real estate for the use of agricultural or horticultural fairs on petition of five or more persons; cost not to exceed $8,000. Referred to the Committee on Agriculture.

By Mr. BUNDY [S.65] to amend certain sections of the act authorizing the employment of short hand reporters-no person ineligible on account of sex. Referred to the Judiciary Committee.

By Mr. DUNCAN [S. 66] to amend Section 2 of the amended Common School act of March 6, 1865, and March 8, 1873-concerning Township Trustees. Referred to the Committee on Education.

By Mr. FLETCHER [S. 67] authorizing municipal corporations to invest their sinking funds temporarily in the bonds of the United States Government, Indiana State or County. Referred to the Committee on the Judiciary.

By Mr. FOULKE [S. 68] to abolish disabilities of coverture-giving married women all rights of single women. Referred to the Judiciary Committee.

By Mr. GRAHAM [S. 69] to amend Section 1 of the act concerning drainage. [It provides that the County Surveyor shall be ex-officio a Commissioner of Drainage, with two others to be appointed by the Court, to assess each ditch; pays said Commissioners $1.50 a day, and makes all expenses for ditch payable out of the assessment instead of out of the County Treasury.] It was referred to the Judiciary Committee.

By Mr. HILLIGASS [S. 70] to amend Sections 268 and 269 of the act concerning public offenses, approved April 14, 1881, relating to bribery at elections by manufacturers or others, by intimidation or otherwise. Referred to the Committee on the Judiciary.

By Mr. JOHNSON [S. 71] providing for the canceling of debts secured by mortgage by the sale of the mortgaged property and for the repeal of all laws in conflict, etc. Referred to the Committee on the Judiciary.

By Mr. MAY [S. 72] to fix the time of holding Courts in the Second Judicial Circuit. Referred to the Committee on Organization of Courts.

By Mr. VAN VORHIS [S. 73] to amend Section 9 of the act relating to the opening, widening, etc, of streets, etc., approved March 17, 1876. Referred to the Judiciary Committee.

By Mr. WHITE [S. 74] to authorize any hydraulic or manufacturing Company to erect a dam across the St. Joseph River, in Elkhart County. It was referred to the Committee on Corporations.

By Mr. YANCEY [S. 75] to amend Section 71 of the act approved March 29, 1881, concerning taxation. Referred to the Committee on Corporations.


Mr. FOULKE offered a concurrent resolution requesting the Joint Committee on Revision of Laws to consult with the Commissioners on the Revision of Statues concerning bill suggested by them for passage at the last session, and report such as they deemed advisable for passage at this session of the General Assembly.

Mr. VOYLES could see no necessity for this resolution.

Mr. SAYRE also opposed the resolution.

Mr. FOULKE: As to the connection of the bills proposed last session with the acts passed, it is certainly proper to have a consultation between the Committee and the Commissioners.

The resolution was rejected.

And then the Senate adjourned.