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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.

INDIANA LEGISLATURE.

IN SENATE.

TUESDAY, January 16, 1883-10 a. m.

PETITIONS, MEMORIALS AND REMONSTRANCES.

By Mr. YOUCHE for an additional appropriation for the support of Teachers' Institutes.

By Mr. YANCEY against disfranchisement on account of sex.

By Messrs. Henry, Benz, Fleming, Keiser, McCulloch, Brown and Rahm praying tor the submission to a vote of the people of a prohibition Constitutional amendment at a specia1 election-these addition to the petitions of 9,957 voters submitted in the Senate yesterday.

By Mr. FLETCHER that women may have control of the Female Departments of the Insane Hospital. These petitions were severally referred to appropriate Committees

Numerous reports from Standing Committees were submitted and placed on the Calendar under the rule.

NEW PROPOSITIONS.

The following described bills were introduced, read the first time and severally referred to appropriate Committees unless otherwise stated:

By Mr. ATKIS0N [S. 114] to amend the act approved March, 1881, being Section 6,454 of the code of 1881, concerning taxation-the publication of the delinquent list. He said the bill simply changes the time of sale from the first to the third Monday in March. It will give taxpayers two weeks longer in which to pay taxes without being charged with the expense of sale for delinquency. He moved that the bill be pressed to the final reading now.

Mr. VOYLES considered this bill of such considerable importance that it should by examined by a Committee. On his motion the bill was referred to the Judiciary Committee by consent of the author.

By Mr COMPTON [S. 115] authorizing Street Railway Companies to occupy the highways in any County, and declaring an emergency.

By Mr. FLETCHER [S. 116] to amend Section 4 of the act relating to Common Schools [concerning cities having 16,000] approved March 3, 1871.

By Mr LOCKRIDGE [S. 117] fixing the fees of Prosecuting Attorneys-docket fee for felony, guilty, $10; misdemeanor, guilty, $7; cases before Justices, $5: bastardy cases, $10; not guilty, misdemeanor, $10, etc., etc.,: cases not fixed by law, $10; each day's attendance before Grand Jury, $5.

By Mr. MACARTNEY [S. 118] to amend Sections 181, 186, and 237 of act of March 29, 1881, concerning taxation being Sections 6,650, 6,455, 6,501, and 6,506 of the Code of 1881. [It changes the form of County Treasurers' cash books, and provides for the disbursing of certain funds to Townships.]

By Mr. MAY [S. 119] to amend Section 1 of an amended act authorizing cities and towns to issue bonds to reduce indebtedness, etc. Approved March 24, 1879: approved March, 1881.

By Mr. McCLURE [S. 120] to amend Section 8 of the act amendatory of the charterof Clarksville, in Clark County. He said: As it is a matter peculiarly local-only affecting the Counties of Clark and Floyd-he moved it be referred to a Special Committee of Three. The motion was agreed to and the Lieutenant Governor made the Committee to consist of Messrs. McClure, Voyles and Spann.

By Mr. McCULLOCH [S. 121] to legalize the act of certain Voluntary Associations in Vanderburgh County.

By Mr. RAHM [S. 122] to amend Section 19 of the Savings Bank act approved May 12, 1869 [concerning investments-not more than 60 per cent. to be in vested.]

By Mr. SMITH, of Jay [S. 123] to provide for the settlement of decedents' estates [to re-enact the decedents' law of 1852.]

By Mr. SPANN [S. 124] concerning insurance. Was referred to the Committee on Insurance.[The bill framed by the Insurance Commission last session.]

By Mr. WILLARD [S. 125] to repeal the act to protect sheep husbandry of April 13, 1881.

By Mr. YOUCHE [S. 126] to amend Section 219 of the act of March 29, 1881, concerning taxation [so as to require a suit to set aside a tax title to be commenced within five years after the date of the tax sale ]

By Mr. FOULKE [S. 127] to amend Section 34 of the Gener&l Common School act of March 6, 1865, being Section 4,425 of the code of 1881relating to teachers' license.

By Mr. SPANN [S. 128] creating a Commissioner of Railroads, Telegraph and Transportation Com page: 62[View Page 62]panies on the approval of this act; to be appointed by the Governor with the consent of the Senate: Hold office four years; give $5,000 bond; shall have office in new State House; may appoint a clerk.

By Mr. COMPTON [S. 129] to allow Horse and Street Railway Companies to propel cars in any way such Companies may adopt.

By Mr. COMPTON [S. 130] to amend Section 16 of the act of March, 1869 regulating coal mines, being Sections 5,472 and 5,480 of the Code of 1881.

By Mr. YOUCHE [S. 131] to amend Section 5 of an act authorizing the appointment of short-hand reporters.

By Mr. ADKISON [S. 132] to establish rates of charges by railroads for the transportation of freight and passengers.

By Mr. FOULKE [S. 133] to require Railroad Companies to fence their tracks in certain cases-when one half is built by owner or occupant of adjoining railroad tracks on railroads.

By Mr. HILLIGASS [S. 134] authorizing cities to permit municipal taxes to be paid in installments-the first Mondays in April and November.

PRESERVATION OF PUBLIC ROADS.

Mr. BELL from the Judiciary Committee, returned the resolution inquiring whether bills i an be enacted into laws regulating the passage of vehicles over pikes and highways, with the opinion of the majority that such a law can be legally passed.

The resolution was referred to the Committee on Roads.

JUDGES PRO TEM.

The bill [H. R 150] in relation to the appointment of Judges of Criminal Courts, pro tempore, was read the second time.

Mr VOYLES explained that it gives Judges of Criminal Courts authority to appoiut Judges pro tem., which they have no right to do under the present law. In the event of the judge becoming sick his Court would have to stop. He moved that the Constitutional rule be dispensed with that the bill may be pressed to the final vote today.

Mr. VAN VORHIS hoped the bill would pass, it being a very necessary measure in his (Marion) County, inasmuch as the Criminal Court continues in session almost the entire year.

The motion to suspend the Constitutional restriction was agreed to-yeas, 44; nays, 0-and the bill was read the second time by title only and the third time by sections.

Mr. HENRY thought the bill was too broad in that it authorizes the Judge to call a pro tem. at any time, and it might allow of the paying of two Judges at one time in the same circuit.

Mr. VOYLES suggested that point could be examined into during the dinner hour, and on his motion, it being about noon, the Senate took a recess till 2 o'clock.

AFTERNOON SESSION.

Mr. VAN VORHIS moved to amend the bill providing that the allowance to the Judge pro tem. shall be deducted from the salary of the Judge, except in cases of relationship, change of venue, sickness of himself or family, or when the Judge was counsel on either side.

The amendment was agreed to without objection. The bill then finally passed the Senate by yeas, 33; nays, 33, with an amendment of title.

BILLS ON THE SECOND READING.

Mr. DUNCAN's bill [S. 11] concerning the oath of Grand Juries coming up was read the second time with a Committee recommendation that it lie on the table. The report of the Committee was concurred in.

Mr. Ernest's bill [S. 12] to define the crime of false pretense-imprisonment from one to seven years; with a recommendation by a majority of the Judiciary Committee that it be amended.

Mr. BELL stand the purpose ot the bill is to supply an omission in the law by which verbal false pretenses are not punishable ai.d as the law now exists the punishment is from two to ten years.

The Committee report was concurred in and the bill was ordered engrossed for the third reading.

Mr. Faulkner's bill [S. 13] to repeal Sections 4,986 to 5,000 of the Code of 1881, being read, with a Committee recommendation that it lie on the table. The report was concurred in.

Mr. Hilligass' bill [S. 16] to amend Sections 1,781 and 1,782 of the criminal case act of April 19, 1881, being read the second time, with a Committee recommendation that it do lie on the table. The report was concurred in.

Mr. Overstreet's bill [S. 20] relating to qualifications of petit jurors, was read the second time, with a Committee report that it do pass. The report was concurred in and the bill ordered engrossed.

Mr. Ristine's bill [S. 22] described on page 29 of the Brevier Reports, concerning outstanding bonds of Counties for construction of gravel roads, being read the second time with a Committee amendment striking out "1 1/2" and inserting "2" per centum. The report was concurred in and the bill ordered engrossed for the third reading.

Mr. Graham's bill [S. 32] to punish the disclosing of messages over telephone wires-fine from $10 to $25 with a Committee amendment, was read the second time and ordered engrossed.

REFORMATORY SEWER.

Mr. Fletcher's bill for a sewer from the Indiana Reformatory to connect with a principal sewer in the city of Indianapolis (same as the bill [H. R 54]) being read the second time, with a Committee report favorable to its passage.

Mr. VOYLES moved to recommit the bill with instructions to fix definitely the proportion of the cost to be paid by the State.

Mr. VAN VORHIS moved to amend the amendment by providing that ht eroute shall be reported.

I Mr, VOYLES accepted the amendment.

Mr. WILLARD moved to refer the bill to the Committee on Finance.

Mr. BELL reminded Senators that for a number of years, there have been attempts made to secure a sewer from this institution. The sewage now flows by the United States Arsenal and through the city of Indianapolis. This bill may be faulty, is informed that this bill has been carefully framed, has the indorsements of the State and city authorities and some legal minds that have examined it. The State should bear a portion of the expense and so should the city. The power of determining the route is placed largely in the hands of the Governor. The merits of the bill can not but be acknowledged. The amendment for the location of the route is impracticable. It is apparent the State must abandon this institution or a bill of this kind must be enacted into a law.

Mr. WILLARD agreed with all said as to the necessity of legislation on this subject, but would not consent to the passage of a bill of this kind without a limit as to the amount. The proposition is, to lay a foundation for a lawsuit. The expenditure should be approximately estimated and desired the Committee, partially responsible for expenditures should consider this bill.

Mi. VAN VORHIS did not desire to be understood as opposing the building of this sewer. This bill needs an appropriation of not less than $100,000. A route has already been surveyed and estimated to cost $80,000. There is now an increase in prices which will probably bring it up to $100,000. He did not believe the city wants to pay $50,000, as much as the institution is worth, probably. If the institution is maintained the sewer ought to be built. The bill passed in 1880 page: 63[View Page 63] prescribed the route and entire specifications, and made an appropriation not to exceed $40,000. In answer to a question why the sewer was not built, said there was a gentleman in the Council who had over 1,000 feet on the line of the sewer, and through his influence, probably, the proposition to build the sewer was defeated. The selection of the route should be left with the City Civil Engineer.

Mr. MARVIN saw no reason for sending this bill to the Committee on Finance. This is an important measure, carefully drawn for the purpose of avoiding a law suit. He hoped this bill would have been printed before action was taken on it.

Mr. VOYLES hoped the bill would be recommitted to the Committee which has already considered it. There ought to be an amendment as to the amount to be expended.

Mr. BELL moved that this bill be made the special order for Monday at 2 o'clock, and 150 copies ordered printed.

The motion was agreed to by consent.

CONTEST OF JOHNSON VS. OVERSTREET

Mr. McCULLOCH offered a resolution authorizing the Committee on Elections to send for persons and papers and examine witnesses in the contest of Johnson vs. Overstreet.

Mr. SPANN moved to strike out the word "witnesses" and insert words authorizing the taking of depositions an additional charge having been filed of bribery, and believing, under the protest filed against it, the Committee should not consider that charge. There is a remedy under the statute, and that not having been chosen, witnesses should not be sent for. That expense should not be allowed and can be avoided by the taking of depositions before the proper tribunals pointed out by law.

Mr. BELL thought this matter of disqualification may be one of contest or otherwise. The matter has been considered by the Committee, which have concluded the contestee can file additional charges. There was a showing made excusing the not filing of this ground of contest earlier. The statute relative to contest of elections of this kind furnishes means by which testimony can be taken in advance of the meeting of the Legislature. Upon the filing of such a charge the Senate could by a resolution authorize the sending for persons and papers, in compliance with the provisions of the Constitution and one of the statutory grounds of contest. He would not agree that it is best to take depositions-to do that means a continuance and no determination of the question this session. He had no doubt of the regularity of the proceedings in this case thus far.

Mr. SPANN spoke further in favor of his amendment, insisting it is better to comply wit the statutes in such cases mad and provided, which he read. The purpose of that l aw was to allow evidence to be taken at their own homes to save expense to the State. The resolution means to give unlimited power to bring every creditable witness in Johnson and Morgan Counties up here, which expense should be avoided.

Mr. McCULLOCH stated, in response to an inquiry, that there are already probably over 100 depositions before the Committee.

Mr. BROWN, understanding the charge to be that the sitting Senator offered, and gave bribes to secure his election, contended that was not a ground for contest-if that charge be true the Senator is removed and there becomes a vacancy, but the contestor could not be seated. If it is found that the charge is true the seat is vacated. The Senate has already found there is sufficient to put the Senate on an inquiry as to whether the sitting Senator did offer or give bribes to secure his election. The Senate ought to go on and hear the proof, and this investigation should only o this charge. Having the witnesses brought face to face is certainly the best way, and is likely the most expedient. Every vote cast by a disqualified member is a factor that should be eliminated as speedily as possible if such is found to be the case.

Mr. SAYRE did not understand any charge has been made authorizing any investigation as to the qualification of the sitting member; and he maintained until some charge is made that a Senator is here unfit to occupy his place. There is nothing before the Senate authorizing the sending for persons and paper.

Mr. FOULKE contended that the proceedings indicated by the amendment of the Senator from Rush (Mr. Spann) is the only course pointed out by law. t is not the question whether the contestor shall be seated or not only, but whether the contestee is qualified to fill the seat. The question of this contest is the only one before the Committee, and they are bound by the statute in the mode of taking testimony.

Mr. McCULLOCH considered there is no question, but the Senate has the right to send for witnesses in such a case and defied any Senator to show a word in the statue undertaking to prescribe how the Senate shall be governed as to the manner in which it shall obtain information in relation to a question in which it is to be the exclusive judge. The statute is not exclusive upon anything relating to this question nor to contests in cases of County officers. While the statute provides depositions may be taken it does not undertake to say that the better testimony shall be excluded for witnesses to be brought face to face before the accused and the tribunal. The resolution will tend to economy. If this evidence has to be taken by deposition, then days time and ten days notice will be necessary; justices will have to be recommissioned, and every one having experience knows the difficulty in having papers corrected by deposition. The Committee and Senate will be able to pass more justly upon testimony obtained from witnesses than otherwise. And whether expensive or not the Senate should adopt the rule that will tend to the most fair and just investigation. He moved a substitute for the whole matter, that the Committee be empowered to send for persons and papers to the end that the charge of bribery may be supported or negatived.

On motion by Mr. SPANN, this matter was postponed till to-morrow at 10 o'clock a. m.

HON. THOMAS J. FOSTER-IN MEMORIAM

Mr. BELL called up the special order, being his resolution concerning the death of ex-Senator Foster, offered Friday afternoon. After the resolution was read he said: My purpose in offering the resolution which has just been read is to place in a substantial manner upon the records of this Senate a tribute to the worth and character of my deceased colleague, Hon. Thomas J. Foster. it is not my purpose at this time to offer any extended eulogium upon the character or services of the deceased, but to pay my simple tribute of respect and esteem as a colleague and as a friend. Senator Foster was personally known to many members of the Senate, as he served with the min a preceding one, and I know they will agree with me that it is proper that such action as is proposed by this resolution should be taken on this occasion. Senator Foster died in early manhood. He had not the advantages of early education, nor the advantages that wealth brings. He was emphatically a self-made man. Born upon a farm, reared in comparative poverty, without the advantages to which I have referred, by his own energy, industry and ability, he attained a position which was an honorable one, indeed-a standing and influence in the community and in the State of which his family and friends may well fell proud. His character was such an one as finds opportunity for development and growth only under and surrounded by the benign influence of our free institutions and republican form of government. Under no other circum page: 64[View Page 64]stances would persons, whatever their abilities, with such surroundings, be enabled to obtain such a position. and to leave an impress of his character and life upon the persons and time in which he lived. * * * * Mr. B concluded by saving: It is not necessary I should refer to the tragic manner of his death. It is sufficient to say that mysterious thing, the mind. whose constitution none of us can comprehend or understand, had become so affected by the ravages of disease as that its possessor was no longer responsible for his acts. In his death Indiana has lost a noble citizen, the community where he resided one of its best members, and every word in this resolution which is praise, as far as it concerns his character and services, can be truthfully sid I know not what more I could say on this occasion.

Mr. SPANN, lest it be said there came from their side of the Chamber on this occasion no expression of respect, said a few words. He became acquainted with Senator Foster at the last session, who bad his likes and dislikes, was a man of large heart, generous, impulsive, a man of ability, and no man is equal in not yielding when in the right, but ready to acknowledge error when in the wrong. He was his own worst enemy; let us throw the mantle of charity over his faults and strive to shun them.

The resolution was adopted by a rising vote.

On motion by Mr. BUNDY, the Secretary was directed to send a copy of the resolutions to the family of ex-Senator Foster.

As a further mark of respect the Senate adjourned:

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