THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-ONE.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, January 18, 1883-10 a. m.The following described bills were read the second time and passed to the third reading.
The bill [H. R. 148] ceding State jurisdiction over land used by the General Government.
Mr. Fletcher's bill [S. 67] authorizing municipalities to invest sinking funds temporarily in United States Government, County and State bonds.
Mr. Durscan's out-swinging door bill [S. 85].
Mr. Ristine's bill [S. 88] requiring record to be made of acting constables in Horse Thief Detecting Associations.
LAID ON THE TABLE.
Mr. Ristine's bill [S. 79] to amend Sections 4 and 7 of the act creating the Bureau of Statistics.
INDEFINITELY POSTPONED
Mr. Johnson's bill [S. 71] to provide for the canceling of debt secured by mortgage on real property by the sale thereof, etc.
HOMESTEAD EXEMPTION
Mr. Benz's bill [S. 76] to amend Section 6 of the homestead ace of March 29, 1879, was read the second time, with a Committe recommendation that it lie on the table.
Mr, SPANN thought this bill had merit, and moved its recommittal to the Joint Committee on Revision of the Statutes.
Mr. VAN VORHIS deemed that unnecessary. It requires any one seeking benefit of the law to pay entire cost of proceedings.
The motion to recommit was agreed to.
A NEW PAGE.
The LIEUTENANT GOVERNOR announced the resignation of Birdie Hollis, of Greene County, a page of the Senate, and that the Chair had appointed Thomas R. Edwards, of Hancock County, to fill the vacancy.
CRUELTY TO ANIMALS.
Mr. Fletcher's bill [S. 84] defining cruelty to animals-a misdemeanor-and for the destruction of certain animals, was read the second time, with a Committee report recommending that it lie on the table.
Mr. FOULKE considered that bill an important one. Though objectionable in some features, in its present form, there can be made out of it a substantial imrpovement on the present law. He moved to recommit the bill.
Mr. VAN VORHIS regarded the provisions so sweeping in their character that it would require a substitution of new matter.
On motion of Mr. WILLARD it was referred to the Committee on Revision of Laws, with the consent of Mr. Foulke.
PROPOSED JOINT CONVENTION
The House concurrent resolution for a joint Convention next Tuesday at 11 o'clock a. m., for the purpose of electing a State Librarian, two Directors for the State Prison South and three Directors of the State Prison North, being read-
On motion by Mr. MARVIN, the Senate concurred in the resolution.
A RECESS.
On motion by Mr. MAGEE, a recess of fifteen minutes was taken to hear addresses from General McKee Dunn and Colonel John W. Foster. General Dunn and Dr. Moss, President of the State University, (General Foster not appearing), made short speeches.
PETITIONS, MEMORIALS AND REMONSTRANCES
By Mr. SPANN: From the Chaplain of the Southern Prison.
By Mr. SAYRE: Against disfranchisement on account of sex.
By Mr. WILLARD: For an increase of the Teachers' Institute Fund.
By Messrs. VOYLES, BUNDY, YANCEY, SPANN, LINDLEY, HOWARD, ATKISON and HILLIGASS: For the submission at a special election of the prohibition constitutional amendment.
THE BENEVOLENT INSTITUTIONS.
Mr. SPANN submitted a report from a minority of the Committee on Benevolent Institutions recommending that the bill [S. 1] for the reorganiza page: 72[View Page 72]tion of the management of the Benevolent Institutions of the State be indefinitely postponed.
Mr. MARVIN stated a majority of the Committee were not ready to report, and actio nshould not be taken till then.
Mr. McCLURE thought this an extraordinary procedure to present the minority in advance of the majority report. It seems difficult to get the Committee together, and he much preferred this matter be delayed until the Committee are ready to report.
Mr. VOYLES regarded this action as out of place.
Mr. SPANN deemed it entirely in order it being understood a majority would report this morning. A majority should not stop action by withholding their report. He understood Senators on the other side are in some trouble as to what they will do.
Mr. VOYLES thought it not courtesy to present a minority report and move its adoption before a majority of the Committee make report. So as to give time, he moved to lay the minority report upon the table.
Mr. FOULKE raised the point of order that the minority report unaccompanied by a majority report is out of order.
Mr. SPANN asked leave to withdraw the report, but objection being made-
The PRESIDENT pro tem. [Mr. Sayre in the Chair] declared the point of order well taken, and that a matter in the possession of the Senate can not be withdrawn over objection.
Mr. VAN VORHIS dissented from the ruling of the Chair.
Mr. BUNDY said the minority report was presented for action, and no action being taken the report could be withdrawn by the member offering it.
The PRESIDENT pro tem. : If there be no objection it can be done.
TELEPHONE TARIFF.
Mr. ADKISON offered a resolution instructing the Committee on Corporations to inquire what legislation is necessary to protect the public from exorbitant charges by Telephone Companies.
Mr. FOULKE thought the resolution proposes an unconstitutional thing.
Mr BUNDY objected to discussion of its merits. It was referred to the Committee on Corporations by consent.
THE NEW STATE HOUSE.
Mr. WILLARD called up his resolution submitted on Tuesday, the 6th inst., as follows:
Resolved, That the Committee on Public Buildings and State Library be and are hereby instructed to inquire into the present condition of the new State House, and examine thoroughly the needs of the commissioners and contractors of said building, and report to this House, either by bill or otherwise; and said Committee is hereby duly empowered and authorized to send for all necessary papers and persons to accomplish a full and complete investigation of said matters.
Mr. WILLARD moved the adoption of this resolution and said that since the resolution was offered the Lieutenant Governor has assigned to this Committee all that part of the Governor's message referring to the new State House, thus making the Committee partially responsible for the Senate's action on that subject. The Committee unanimously think it should have an opportunity to make a full examination of the facts in the case. There is no question of more importance before this body than the new State House matter.
Mr. SPANN remembered the Senator from Lawrence [Mr. Willard] opposed a resolution some time since for a special Committee on this subject, and could not understand the zeal of that Senator now in this matter.
Mr. BROWN favored the contractors being held strictly to the performance of their contract, and did not think the Senate would vote them $800,000 bonus-he would not vote a single dollar. The Senate not being full this morning he moved a postponement of this matter till Monday at 2 o'clock.
Mr. YANCEY thought the resolution should meet with respectful consideration. The contractors want to steal some $750,000, as he understood it (to use plain English), and the State House Commissioners' report shows about that deficiency.
Mr. WILLARD could see no force in the remark that the Senate is not full at this time, and as this matter has now been delayed for some two weeks he counseled action at once.
Mr. FOULKE favored the resolution. The Senate is probably as full now as it will be next Monday. It is the duty of that Committee to take into consideration the subjects contained in the Governor's message, where it is given to be understood that the contractors are about to give up their contract. The State House had better remain as it is for twenty years than for it to go out that the contractors shall not be held to their contract.
Mr BROWN withdrew his motion to postpone.
The resolution was adopted.
The Senate took a recess until 2 o'clock.
AFTERNOON SESSION.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally passed to the second reading, unless otherwise stated:
By Mr. ATKISON [S. 135] to repeal Section 1 of the act authorizing aliens to hold title to real estate, convey the same, and being Section 2,967 of the Revised Statutes of 1881
By Mr. DAVIDSON [S. 136] making the Township Trustee Superintendent of Roads and Highways in his Township, and fixing the commutation of road tax.
By Mr. FLETCHER [S. 137] defining rape and prescribing punishment therefor. [On conviction of rape shall be castrated.]
By Mr. MAGEE [S. 138] concerning railroads crossing each other on a common grade. [Shall come to a full stop before crossing.
By Mr. MARVIN [S. 139] relating to gravel, macadamized and paved roads, and to protect the same from heavy burdens. [Between November 15 and May 15 not more than 2,500 pounds shall be hauled on wagon tires of less than four inches in width.]
By Mr. OVERSTREET [S. 140] to amend Section 5,293 and 5,294 of the revision of 1881 [Concerning mechanics' leins.]
By Mr. RICHARDSON [S. 141] to repeal the act authorizing aliens to hold title to real estate. Approved April 16, 1881.
By Mr. SMITH , of Jay, [S. 142] concerning elections, providing penalties. [Prohibiting the use of stickers]
By Mr. SPANN [S. 143] to amend Section 86 of an act concerning taxation. Approved March 29, 1881. [Relating to railroads and Express Companies.]
By Mr. VAN VORHIS, by request [S. 144] to amend Section 485 of a supplementary city incorporation act. Approved March 8, 1881. [Concerning concurrent action of Boards of Alderman and Common Council.]
By Mr. WHITE [S. 145] to amend Section 36 of the Common School Law of March 6, 186, being Section 4,425 of the Code of 1881, giving but one six months' teacher's license, which shall be entitled to an eight years' license, which shall be styled a "professional license." Also allowing School Trustees of certain cities and towns to appoint examiners for their school page: 73[View Page 73] teachers. reporting such examination to the County Superintendent.
By Mr. YOUCHE [S. 146] in relation to petitions for rehearing in the Supreme Court. (Upon request may permit oral argument-no voice by Judge rendering original decision.]
By Mr. HILLTGASS [S. 147] to amend Section 4,369 of the Revised Statutes of 1881, being Section 8 of the general Common School law. [School fund to be loaned at 6 per cent. per annum.]
By Mr BROWN [S. 148] to amend Section 419 of the Code of civil proceedure of 1881. [Concerning the notice for taking of depositions.]
By Mr. MAGEE [S. 149] authorizing the sale and conveyance of certain lands of the State of Indiana [The State Auditor is to prepare maps of unsold swamp or other lands, lands forfeited to the State for non-payment of taxes, lands escheated to the State to be appraised by three appraisors to be appointed by the Auditor and Treasurer of the Counties in which the land lies.]
By Mr. LINDLEY [S. 150] by request, supplemental to the act of April 14, 1881, for the settlement of decedents' estates.
On motion by Mr. BUNDY, this bill with bills numbered 9 and 56 on the same subject, was referred to a special Committee of five, which the Lieutenant Governor makes: Messrs. Bundy, Henry, Smith of Jay, Ristine and McCullough.
By Mr. LOCKRIDGE [S. 151] to amend Section 9 of the act of June 7, 1852-being Section 5,852 of the Code of 1881. [Concerning the election of Clerks of Counties.]
By Mr. McCULLOUGH [S. 152] supplemental to the act of April 14, 188[?] . concerning public offenses. [Insulting school teachers.]
THE KANKAKEE SURVEY.
On motion by Mr. HILLIGASS, the resolution to authorize the printing of 1,000 copies of report of the survey of the Kankakee region was read with a Committee recommendation that the number be made 3,000.
Mr. VOYLES said no necessity for printing so many as 3,000 copies-not more than 200 would be read.
Mr. RISTINE: The whole purpose of the appropriation by the last General Assembly was to furnish information of that region. It interests a large portion of the State, and there is a demand for the n umber of copies proposed, and the extra copies can be furnished at comparatively small cost.
Mr. VOYLES did not think the State should drain the large area of territory proposed in this report. He thought one-third the number of copies named would supply the demand.
Mr. GRAHAM favored the printing of 3,000 copies. This is a matter of interest to the people of the entire State, and that large section of the country should be made productive-to do which might be a good investment for the State. He has been called upon for at least fifty copies. The plate from which the map was printed has been preserved and the cost of printing the extra copies will be comparatively trivial.
Mr. BUNDY also favored concurrence in the report of the Committee. If there is anybody interested in obtaining this information, it is poor economy not to have a sufficient number of copies printed to supply the demand. It is a question whether it would be such a great benefit to the State at large that the State should bear a portion of the expense of reclaiming the vast amount of waste land in that region, and whether the United States should not also bear a part of the expense.
Mr. SPANN moved to amend the report by directing that the copies be distributed among the members of both House and Senate.
Mr. WILLARD moved to recommit the resolution to the Committee on Printing, with instructions to report the cost of printing.
Mr. HILLIGASS said but 500 copies were printed There remains unexpended. $376 30 of the $5 000 appropriated by the last General Assembly for this survey. The Bureau of Public Printing have stated the cost of printing will be for the first 1,000, $70, and $49 50 for each additional 1,000, making the 3,090 cost $169 12. He favored printing the 3,000.
Mr. YANCEY would be willing to vote most any amount to draining the land if it belonged to the State; but as these funds belonged to private corporations and individuals, he opposed expending the State's money for such purpose. He believed this whole thing a garb upon the purse strings of the State.
Mr. BROWN hoped the Senate would proceed to the discussion of a more interesting question, and moved the previous question.
The demand for the previous question being seconded, under its operations, the motion to recommit with instructions [Mr. Willard's] was rejected by yeas, 38; nays, 24.
The amendment [Mr Spann's] to the report of the Committee was agreed to.
The report of the Committee was then concurred in by yeas, 24; nays, 22.
The resolution, as amended, was agreed to.
PETITIONS.
Praying submission of the prohibition Constitutional amendments at special election were presented by Messrs Foulke, Benz, Bischowsky, Bundy, Compton, Davidson, Duncan, Faulkner, Hilligass, Howard, Johnson Marvin, McClure, Me- Cu Hough, Mclntosh, Smith of Delaware, Spann, Yancey and the Lieutenant Governor.
The Senate adjourned till to-morrow,
