The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-17


ment by providing that the route shall be re-
| ported, which WAS adopted.
! Mr.. Willard moved to refer the bin 20 the com
| mItUee on finance.
Mr.. Bell reminded senator's that for n number
| OF years there mas been ATTEMPTS made TO secure
"a sewer from this institution. The sewerage
now flows by the United States arsenal and
faulty, but he is informed that This Dill has been
carefully framed, mas the Endorsements or the
State and city authorities and some legal minds
I mat nave examined 1t. The State should bear q
portion OF the expense and should the city.
The mower OF determining the route IL placed
largely in the hands of the Governor The ulrr-
its of the bill cannot but be acknowledged. The
amendment FOR the location of the route is i'm
practicable. It is apparent the state must
must lie enacted into law.
Mr.. Willard agreed with all said to the ne
cesslty of legislation on rns subject, bnt would
NOT consent to the passage OF bill of this kind
without n limit as to the amount. The PROPOSE
ton is to establish foundation for a lawsuit.
The expenditure should he approximately esti-
mated, and desired the committee partially re-
| sp0nsiDle for expenditures should consider this
Mr. Van Vorhis did not desire to be understood
as opposing the building OF this sewer This
Dill needs an appropriation Of ROT less than
100000. A route has already been surveyed
anu estimated 10 cost SoO.oOo. There Is now an
increase in prices which will bring it up TO
100000. he did not believe the CITY wanted
to pay $4,000, as much as the iustitutiun is
worth probably. II the Institution is maintained
the sewer ought to be built. The bill passed in
1881 prescribed the route and entire specihca-
lions ana made an appropriation not TO exceed
S4oooo. In answer 70 question why the
sewer was not built, said there was n gentleman
In the Council who had over 1000 feet on the
line of the sewer, and through his influence the
proposition TO build the sewer WAS defeated.
Mr. Marvin saw no reason for sending this
senate bill to the committee on finance This is
an important measure, carefully drawn for the
purpose of avoiding lawsuit He hoped this
Dill would have been printed before action was
taken on it.
Mr.. Voyles hoped the bill would be recommit-
ted to the committee which mas already consd-
cred 1t. 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 O'Clock and $50
copies ordered printed
The motion was agreed to by consent.
CONTEST OF JOHNSTON VS.. ovERsTREEr.
Mr.. MeCulloch offered resolution authoriz-
sons aud papers and examine witnesses in the
contest of Johnston VS.. Overstreet.
Mr. Spann moved to strike out the word "wit-
nesses" and insert words authorizing the taking
OF dispositions. An additional charge having
been fled of bribery, and believing under the pro-
test III against it, the committee should not
consider that charge. There ia remedy under
the statutes, and that not having been chosen.
witnesses should not be sent for. That expense
should not be allowed. and can be avoided by the
taxing OF dispositions before the proper tribunals
pointed ont by law.
Mr.. Bell Thought this matter of disqualified
non may be one or contest or otherwise The
matter has been considered by the committee,
which have concluded that the contestee can
file additional charges There was a showing
made eXcuslng the not filing of 5his ground of
contest earlier. The statute relative to the con-
test of elections of this kind furnish means by
which testimony can be taken in advance of the
meeting OF the Legislature. Upon the fling of
such a charge the Senate should, by resolution
authorize the sending for persons and papers,
IN compliance with provisions OF the constitu-
ton and one of the statutory grounds of contest.
He could not agree that it is best to take deposit
tions, TO do that means continuance and no
n an
Mr.. Spann spoke further in favor of his amend
ment, Insisting it is better to comply with the
statutes in such case made and provided, which
ne read. The purpose OF that law 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 credtable
witness in Johnson and Morgan counties up here
which expense should be avoided.
Mr.. MeCulloch stated, in response to an in
quiry, that there are already over 100 deposit
tons before the committee.
Mr.. Brown, understanding the charge TO be
that the sitting senator offered and gave brides
to secure his election, eontended thar was not
ground for contest If that charge be true the
senator Is removed and there becomes vacancy,
and the contestor will not be seated. II it is
found that the charge is true the seat is vacated
The Senate has already found there is sufficient
70 pnt the senate on an inquiry as TO whether
- - ..s'i. rhe Senate onght to 60 ON and
have the proof, and this investigation should go
only TO this charge. Having the witnesses
brought face to face is certainly the best way,
and IS likely the most expedient. Every vote
cast by disqualified member factor that
should be eliminated, and speedily as possible il
such is found TO be the case
MIR. Sayre did not understand any charge had
been made authorizing any investigation as to
the qualification of the sitting member and no
maintained that until some charge is made shat
a senator here is unit TO occupy his place, there
is nothing before the Senate authorizing the
sending for persons and papers.
Mr.. FOulke contenled that the proceedings in
Dictated by the amendment of the Senator from
Rush (Nfr. Spanu) is the only course pointed ont
By law. Il Is not the question whether the con-
testor 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 stat
ute in the mode of taking testimony.
Mr.. McCullOch considered there is ques-
ton but the Senate has the right to send for wit
nesseS in such a case and defied any senator to
show word in the statute undertaking to pre-
scribe how the Senate shall he governed as to
the manner in which it shall obtain information
in relation to question in which It is to he the
exclusive judge. The statute is not exclusive
upon anything relating to this questions; nor to
contests in cases of county officers While tho
statute provides dispositions may be taken, 1t
does nor undertake 10 say that the better testt-
mony shall be excluded for witnesses to be
brought face to face before the ascuSed and the
tribunal. The resolution will tend to economy.
If this evidence has to be taken by deposition,
ten days time and ten days notice will be neees-
sary, justices will have to he commissioned,
ana every one having experience knows the diff
ticulty in having papers corrected by deposition.
The committee ami Senate will he able to pass
more justly upon testimony obtained from wit
nesses than otherwise, and whether expense or
not, the Senate should adhere to the rule that
Will tend to the most fair and just Investigation.
He moved as 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 post
pOnea till tomorrow ut 10 o'clock A NJ, and the
Senate adjourned, after the Foster memorial ex
erclse.