THE
BREVIER LEGISLATIVE REPORTS.
VOLUME TWENTY-THREE.
INDIANA LEGISLATURE.
IN SENATE
SATURDAY, March 28, 1885.LAWRENCEBURG.
On motion by Mr JOHSTON, of Dearborn, the bill [H R. 342] to legalize the appraisement of real estate and assessment of taxes made by Common Councils was pressed through the three readings, under dispensation of the constitutional restriction, and finally passed by yeas 38, nays 0
Mr. Johnston explaining that it is intended to apply only to the city of Lawrenceburg.
CLAIM OF JOEL S DAVIS.
On motion of Mr. DUNCAN, of Brown, his bill [S. 201] to refund to Joel S Davis certain damages paid by him into the Treasury of Bartholomew County, was read the third time and passed by yeas 28, nays 9 - after explanations by Mr. Duncan and Mr. Weir.
FOUNTAIN AND WARREN COURTS.
On motion by Mr. MARSHALL his bill [S. 388] to fix court terms in the counties of Fountain and Warren was read the second and third times, under a suspension of the rules, and finally passed by yeas 36, nays 0
THE NEW STATE HOUSE.
Mr. WILLARD, Chairman of the Committee on Finance, submitted a report on the bill [H. R. 480] authorizing the continuance of the new State house tax levy of ten cents, besides a temporary loan of $500,000. He stated that he had found that the bill, as passed by the House, was unconstitutional.
The only way a State debt can be created is under Section 197 of the Constitution [reads], which makes at least one of the amendments proposed by the committee absolutely necessary.
In order to conform to the requirements of the Constitution, the temporary loan should be for the purpose of covering a "casual" deficiency. He recommenced an additional change by making the interest on the bonds 4 per cent annually, instead of "4 per centum, payable semi annually." The language of the bill might also be interpreted as including the $150,000 for the improvement of the grounds and the appropriation of $350,000 for the completion of the building.
On his further motion the report of the committee was concurred in, the bill read the second and third times, under a suspension of the constitutional rule by a yea and nay vote, and finally passed the Senate by yeas 36, says 2.
Pending the roll call -
Mr. McINTOSH, in explanation of his vote, said: I believe the last Legislature was a very liberal if not an extravagant one, and I believe this Legislature is the most liberal if not the most extravagant one that ever met at the capital. Not a bill for the appropriation of money has failed during the session. We have already passed a bill for a loan of $600,000, and this bill is for a loan of $500,000 more, when we were told it would not be necessary to make another loan. This is an increased burden. The State is being plunged hopelessly in debt. Taxation will have to be increased, and somebody will have to answer for it. Bat as the bill is necessary, I am compelled to vote "aye."
BREVIER LEGISLATIVE REPORTS.
Mr. SMITH, of Jay, from the special committee thereon, returned the bill S 336] to pay for Brevier Legislative Reports hereto- page: 108[View Page 108] fore authorized, ordered, accepted and bound by the State, with a report of evidence and a recommendation that the bill do pass, and also recommending the passage of a concurrent resolution authorizing payment for said reports of this General Assembly.
On his farther motion the report of the committee and accompanying evidence were ordered printed.
APPELLATE COURT.
Mr. WEIR, from the special committee thereon, returned his Appellate Court bill with amendments increasing the pay of Judges from $3,500 to $4 000, etc.
The report of the committee was concurred in.
CIRCUIT COURT DITCHING BILL.
The Senate proceeded to the consideration of the special order, being the bill [H. R. 222] to abolish the office of District Commissioner, on its third reading.
Mr SELLERS: This bill is a new law embodying many of the provisions of the act of 1883 and 1881. The first section is similar to Section 4 273 of the Statutes of 1881, the only difference being that by this bill the Board of Commissioners shall appoint a Drainage Commissioner to hold office for two years, and who shall be acquainted with the wants and wishes of the people of the neighborhood. Section 2 is almost verbatim the act of 1883. Section 3 changes the law of 1883 (Section 2) with regard to notification by serving on the owner or occupant a written or printed notice in the same manner as summons are issued. A further provision allows notice to be served on agents of railway companies - the companies not owning land but only the right of way. As to non-residents, the old form of notices are to be given. The bill gives ten days in which to remonstrate against the petition. The law of 1881 gave no time - the law of 1883 gave three days. This bill changes the law of 1883. At the time set for docketing, if two-thirds of the owners remonstrate, the petition shall be dismissed so that no one man can force upon the community a burdensome and unnecessary proceeding. The bill authorizes the court to appoint a third disinterested commissioner in each particular case, thus giving to all interested a fair hearing; thence down to line 67 of the printed bill, Section 3, is similar to the old law. There the County Surveyor is required to note the lay of the ditches, the grade, etc., and turn over the notes to his successor. He shall give bond and be under oath. The bill provides that the notices shall be at the cost of petitioners. In Section 4, ten days is given to remonstrate, in every respect similar to the provision on page 176 of the acts of 1883 A person may sometimes find but one to join in making a drain, when a proceeding in court must be had. Where all interested agree, there is no necessity for court proceedings. The remonstrator should pay the costs. Section 5 materially changes the law: "Including reasonable attorney's fees" are new. The cost of serving notices may be avoided by the petitioner serving the notices himself. The attorneys' fees must be submitted to the court, who will adjudicate the amount to be allowed No costs or expenses, except on contracts, shall be paid until allowed by the court; that is a new provision. In the item of assessment there will be a greater saving than by reason of any other change, as but one notice is required where five notices were required formerly. A new provision is: The land owner assessed shall have the privilege of doing the work on contract at the same price as the lowest and best bidder, who can only bid by stations. There are some sixty executions in Jasper County now in cases where there are no bidders of sums sufficient to pay the assessments against the lands.
AFTERNOON SESSION.
Mr. SELLERS (resuming) The provisions of the bill are intended to prevent delay in the construction of the work. The next amendment to the old law commence at line 68, page 10, of the printed bill. These in default should pay the additional expense. This was added by the Committee and is one of the best provisions of the bill. It has frequently been found that the land will not sell for the assessments made for the improvement, so everything the owner may have may be swept away in order that the wet land he once owned maybe improved. This can not happen under this bill. Section 6 is a copy of the old law down to line sixteen. There a new provision is added. In many counties persons are abliged obliged to go to a great deal of trouble in order to get rid of such liens, although they have been paid. If this bill does not pass another ought to be passed to obviate this difficulty. Section 7 materially changes the law of 1883. The first three lines are similar. Under the old law a great complaint was that Commissioners got in too much time; in some instances charging a day for any part of it spent on any one drain, and they frequently had quite a number to superintend. This is an advantage to be derived from this bill; so that each work can have a superintendent that will give a sufficient time to the work not to cause delay. This section also fixes the per diem at $3 per day for the time actually and necessarily employed. In many counties they have heretofore been paid $5 per day. Section 8 is an exact copy, as I recollect it; it is an exact copy of Section 6 of the act of 1883 Section 9 distinctly states who should pay the benefits assessed. Section 10 provides the work shall be under the control of the County Surveyor, the sum necessary to be paid out of the county funds to be reimbursed by those benefited, and also provides for appeals. Section 11 allows Surveyors $4 and Commissioners $3 per day. At the end is added a provision for pay to page: 109[View Page 109] the Surveyor of $3 a day when his work shall be mainly clerical. If he works on two or more drains in one day, he must charge only for the time employed. Section 12 exempts from the provisions of this bill commenced heretofore. Section 14 is the emergency clause. A great many petitions are now being filed, and if the operations of this bill are delayed until regular publication of the laws, it will give the people no relief, because they will thus be relieved from the provisions of this act. I have conceded many minor matters in order that this report may be unanimous. The Committee took into consideration all disputed questions of which we had any knowledge and attempted to cure them in this bill. There are several important measures in this bill that should commend it to Senators, and all interested. I promised I would only explain the changes made in this bill from the present law. I may have overlooked some, but I have endeavored to refer to them all. It has been suggested that the appeal should be in the county where the land lies, but it ought to be under the charge of the Surveyor at the head or source of the ditch, as that is the place where proceedings must first be instituted; that is the place where the appeal should be taken if any is provided for. The object of the law is not only to give the people the relief of drainage, but also to provide for keeping the drain open. If the County Surveyor at the beginning of action is a competent person he will continue to keep the ditch open. After the work is completed nobody but the County Surveyor acts.
FARES ON FERRIES.
Pending Mr. Sellers' speech -
Mr. McCLURE asked and obtained leave to call the attention of the Senate to the fact that notwithstanding a motion has been formally entered to reconsider the vote by which the Senate passed the bill [S. 293] regulating ferry fares, the bill is now being considered in the House of Representatives
The PRESIDENT pro tem (Mr. Magee) directed the Assistant Secretary to hunt up the record of the motion on the Senate journal. (After some time). The Chair announced that the Secretary could find no entry of a motion to reconsider.
Mr. MACY read from page 320 of the Brevier Reports showing the motion to reconsider was made by the Senator from Jennings (Mr. Smith).
Mr. DAVIS moved that the Senate journal be so amended as to show that on March 7 the Senator from Jennings moved to reconsider the action of the Senate on Senate bill 293.
It was so ordered.
The Senate abjourned adjourned till Monday at 9:30 o'clock.
