The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-15
.oLDrrrs' RELrrr Law.


the msj0r part Of The Volunteers OF this Safe,
siace the adjournment Of the General Assembly,
render u proper that there should be cum
piete and thorough revision Of the Act for the
relief Of the families of soldiers, seamen and
marines. and sick and wounded soldiers ia hos
pitals, approved March 4.h, lS65. Difficulties
have arisen 10 the construction o. the act,
and although the Auditor of State has
taken great pains TO prevent = diver
sity OF action in taking the enumeration
contemplated by the act. 1 regret to say bis
efforts have not been successful in procuring en-
tire uniformity. There IS also a want OF uni
fOrmity OF construction 10 the persons en-
titled 20 receive the benefits Of the act, the local
authorities 10 some counties, a. | am informed,
holding that the soldiers family must be reduced
TO condition of absolute paupcrism, before
they can receive the allowance provided for by
the act, while in other counties. relief has been
afforded whenever the soldiers family was. in
the language OF the seventh section OF the act.
o'herwHe without " sufficient means for their
comfortable support" although they might
possess some property or means TIE latter Is
obviously the proper construction, ard il is
greatly 10 be regretted that The act should not
have been literally construed in all parts OF the
State. There - also some uncertainty as to the
time when the weekly allowance provided by
the act shall commence. or from what time il
shall be computed TO those entitled. although
in my opinion the Auditor OF State has properly
decided that the allowance should commence
from the date of the passage of the act 50 far
as IL may be necessary 10 continue the provi-
sons Of the act in force. recommend the ad-
option OF such explanatory legislation as may be
Necessary to remove existing antiquities and
10 secure the benefits of the act to all those
within It's scope and spirit, and 10 prevent the
illiberal construction before alluded to- The
Act contemDlates the levy and collection of
three mill tax on all taxable property and poll
tax of one dollar on each taxable poll for each
OF the years 1865 and 1866 respectfully sug-
gest that under existing Circumstances it will
neither be necessary nor proper that these taxes
should be levied or collected for the year 1866,
believing that the levy for 1865. if properly dis
bursed. will be sufficient 10 furnish all the re-
lei that the altered condition of the country de-
MAIDS.
SOLDIERS AND sEAMENs' HOME.
earnestly invite your attention to the neces-
sity for the speedy establishment of an Institu
ton in which Indiana soldiers and sesmeD, diss-
bled by wounds disease contracted in the ser
vice of the United States, shall be cared for
and maintained during the continuance OF the
disabilities under which they are laboring. Jus
tice. humanity, and the honor of the State for
bid that these brave men should be permitted to
suffer for the comforts OF life, or be compelled
to receive from the public such assistance as is
accorded TO ordinary paupers.
On the 18th day of May last. for the purpose
of enlisting the sympathies of the people in the
establishment OF such an Institution, | issued an
address, of which copy is herewith respectfully
submitted. In pursuance of the invitation con-
tanned in this address, two successive meetings
we're held at indianapolis for the purpose OF eff
fecting temporary organization of a Home for
disabled Indiana soldiers and seamen, and to in
augurate system for the collection of voun-
tary contributions sufficient to place it ulti-
mately on a permanent foundation.
AT the second Of these meetings, held on the
Gath day of May last, a temporary organization
was effected. the basis of which will be seen by
reference TO a copy Of the proceedings of said
meeting. herewith respectfully submitted.
Soon after. applications for relief on the part
OF disabled soldiers were presented TO the off
GERS of the Association, and the Common Coun-
Gil of the city of Indianapolis generously ten
dered the gratuitous use OF the City Hospital
buildings to the managers of the Association
for temporary Home, which offer was ac-
cepted with the distinct understanding that its
acceptance should not IN any degree influence
the ultimate location of the Institution, should
the effort to place it on permanent basis be
successful. The temporary Home was opened
solute necessity for such an Institution is de
monstrated by the fact that already forty six
(46) disabled soldiers have been admitted into
the Institution, twenty one GIL of whom, after
remaining some time aud receiving the best
care and medical treatment, have been discharged
with the prospect of being sufficiently restored
to enable them to care for themselves, and one
has died. leaving twenty four still to be cared
for. OF the twenty -four still in the Institution
seventeen are totally disabled, either by old age
disease, or wounds received in battle.
The funds received by the Treasurer of the
Home from voluntary contributions amount in
the aggregate to 81, 1874 55, in addition to which
there are unpaid subscriptions, the estimated
amount of which will increase this to over $40,
900. IL is TO be feared that the Institution
cannot be placed upon permanent foundation
by voluntary contributions. and in view of thi:
| submit the entire subject to the General As.
sembly, and respectfully, but earnestly recon-
mend that prompt measures be taken to secure
the object in view. feeling assured that it will
commend itself to your judgment and sympa
thies.
The U. S General Hospital, at Jacksonville
is one of the most complete establishments o
the kind in the country. and is well adapted I,
the purposes of a Soldiers Home. l have writ
ten TO the Secretary of War and Surgeon Gen
eral for information, to whether the Govern
ment would be willing TO turn over this Hospite
to the State Of Indiana TO be used in the cstab
lishment Of such an institution, should the Stat,
desire it, The answer when received will b,
communicated to the General Assembly.
OFFICIAL BONDS.
The public interest require that there shouls
be some legislation on the subject Of off
cial Bonds to prevent the sureties therein from
setting up, as defense to actions brought or
such bonds, some unperiormed ou,standin.
agreement between them and their principals
Under existing decisionsa surety IN Official
Bond, when sued thereon, may plead. as de-
tense, that when he signed the bond the princ
pal promised him that ne would procure som,
other person to execute it as a co-surety, anC
that the bond was filed and approved in violation
of this agreement. Sound policy requires tha
when Official Bonds are properly approved. and
filed in the proper office, there should be nc
doubt as to their binding obligation on all ,ht
parties executing the same. | respectfully re
commend the passage OF law, providing that
every principal and surety in an Official Bond
shall be required, before such bond is approved
TO acknowledge lis execution before some officer
authorized to take the acknowledgement Of
deeds, the acknow Judgement TO be certified on
the bond, and making the bond thus acknowl-
edged as binding, to all intents and purposes
upon such surety as ii is upon the principal, and
declaring that as between the State and the
surety, such surety shall be deemed and taken
TO be principal, and expressly prohibiting him
from setting up any defense thereto, other than
such as might avail the principal.
GRAND yURIEs.
The experiment inaugurated in 1852, of de-
prvng the Grand Juries Of jurisdiction over
misdemeanors. has been fully aud fairly tested,
and / respectfully submit, that the lesson
taught has not confirmed the wisdom of this
change in the administration of our penal code
Experience, / think, has clearly demonstrated
that where it is not made the sworn duty or
some properly constituted tribunal to make
diligent inquiry and true presentment, as to the
minor offences against the penal code, these Of
fences will go UNPUBLISHED, and thereby beget a
disregard of law, and result in the increase OF
crime.
The General Assembly has already found il
necessary TO restore the jurisdiction OF Grand Ju-
7 ries over one class OF misdemeanors, and it is
not perceived why the same considerations
which induced this partial return to the old sys-
TEN, do not require complete restoration OF
the jurisdiction so long exercised by the Grand
Inouests Of the several counties. therefore re-
spectfully recommend the restoration of this