The Indianapolis journal., 1883-02-02
Afternoon Session.

The Speaker called the House TO order and an
nounced thar the question before the House was
! the motion to postpone indefinitely II. b. No,
! 139. concerning proceedings in criminal cases.
Mr.. Williams, of Knox, was of the opinion that
! the grand jury was one of the grandest ihsttu-
tions we have for the protection OF public
morals, and that the grand jury of to-day is
/ great impFOvement fI it's modified form over the
| grand Jury of former days. He felt that if tha
! bill pass 1t would make it almost impossible to
punish certain classes of crimes, such as disturb
ing meetings, gambling, etc. Such law breakers
do noe desire to 60 before grand Jury. but
avoid it whenever possible. He believed that
| there would be time of chaos ana confusion il
this grand system Is to be broken down.
Mr.. Mellett was not one of those who would
Hnderrate the work of the grand Jury. He be-
lieved it WAS necessity, however much its
! PRIVILEGES NAV have been abused He believed
that the grand jury is now compelled to take
| cognlZlnce of 0Henses that it would be better
| II it were not compelled to observe He believed
that certain crimes and misdemeanOrs could
only he reached in this way. He would depre-
cate the practice of grand uries sitting weeks
| TO examine into Old Offenses perhaps years old.
Mr. Wiley Thought that the grand jury stood as
a great bulwark and a great defense between
| tine people and the violaiors of the law. He
| opposed to the provisions of the bill, and hoped
that the motion to postpone would be agreed to.
He had received u communication from "A party
| living in the county from which the petition was
| sent that accompanies the bill, and he was led
| to believe THAI the petition had been circulated
| and sent here in the interest of q class who de-
sired to avoid the law by securing the passage
of the bill.
Mr. Gibson thought that the title Of the bill
| should be made to read "a bill for the protec-
OF SalOOn-keeper6 ana other VlOlatOrS OF the
laws He had papers in his possession that
| stated that the petition had been circulated III
the interest of the saloon keepers of the county,
| from which the petitions originated. He did not
| consider the abuse Of a law sufficient ground for
it's repeal. He hoped that the bill would be in-
! definitely postponed.
! Mr.. Stewart desired that the motion TO in
| definitely postpone would he agreed to. He
thought hat there was a class of lnfsdemeanOrs
! that could only be reached through the graud
| jury. He did rot believe any man, be he ever
so good a citizen and respecror of the law, would
slTrT,F b..F,
| wound be necessary In the bill became a
law, and make affidavit against the son of a
neiRhbor for some msdemeauor comni.trsd by
that son. He thought that the Jurisdiction of
the grand jury should be left unchanged.
Mr. Jewett desired to discam any personal
| interest in the bill, although it had been
ascribed TO him. He introduced the bill in the
| Interest of economy aud for the purpose of pro
| tecting citiz-nS from being hauled up before the
grand jury. He would say to the gentleman
| from Benton (Mr Wlley) that he had unin-
tentionallv, no doubt, done great Injustice by
| his reheetionsl ON the petitioners, great in
justice TO AS good men AS live IN the State of
Indiana. 1t was the prostitution of the grand
jury for political purposes, in the county of
jefferson. that caused the petition 10 be sent
here, and the petition was signed by some very
worthy citizens
| Mr.. Jewett considered the provisions of the
bill to be in the interest of the people, hut not i'll
| the interest of the prosecuting attorneys or the
Stare.
| The yeas and nays were demanded, and Mr..
| Heffren. in explanation of his vote, said that he
was not in favor of the motion to pos: pone in
definitely. He Thought the bill was one step
| toward progress and reform which the Demo-
cratic party promised the people last fall
| The vote resulted, yeas 80, nays 80 50 the
morton to indefinitely postpone was agreed to.
| Mr., Heffren offered an amendment to the rules
| of the House regulating the discussion GER
tain questions. In pursuance of the rules the
amendment was placed on the table for future
action.
Mr.. Eley's bill, Fl. B. No. 15i, providing for the
election and qualification of justices Of the peace,
was reported back from the Judiciary committee
| with recommendation that the bill do pass.
th6 report was COnCurrud
Mr. Adams, from the committee on the judi
clary reported Mr.. MeC Clelland's s bill, H b Nol75
to repeal section l of act authorizing aliens to
mold real estate, with the recommendation that
| similar bill is now before the committee. The
report was cOncurred in.
j Mr. Adams, from the committee. re-
ported back Mr.. Heffrens bin H. B. No. 237, to
| amend section 95 of an act concerning public
| officers. with the recommendation that 1t be in
| definitely postponed.
Mr.. Heffren, in explanation of his bill, SAID 1t
was to amend the Sunday law. He thought the
members of the House knew that the delivtrer
| of milk, bread and ice, telegraph operators,
| printers and others of necessity worked on Sum
dsy, ana the bill was to protect them from ma
| liciOus prosecution.
Mr. Smith was of the opinion that the simple
| fact of its being violation of the law was all
| that secured this mnch-needed day of neace and
| rest to a certain class of our citizens He feared
that under the provisions of the bill before the
| House men would work seven days instead of
| six. He did not entertain the idea that it was
| necessary for "A bootblack to work on Sunday, or
that it was necessary for a man to shave that
| day. He Thought IL only the part of hu-
mainly that these needed projections should he
thrown around the Sabbath in order that its
blessings might continue undiminished.
Mr.. Adams read the present executions to the
| Sunday law, and was Of the opinion that they
| did away with the provisions of the bill now
| under consideration. He did not think that be
cause a druggist should be allowed the privilege
OF selling medicines on Sunday he should also he
| given the privilege of disposing of his entire
stock.
Mr. Mock did not favor the indefinite pest
ponement OF the bill. II the provisions of the
bill were too broad it ought to be amended and
| then passed.
Mr.. Heffren, in closing the discussion, believed
that the car of progress which the gentleman
FROM Tippecan0e mr. SMITH told about the
| other day in such glowing language, Is still
rolling on. and that Old traditions and preudces
| should he forgotten in the light of our present
| civilizatin. As mankind becomes enlightened the
old notions will be left in the rear. He believed
| in respecting the Sabbath, but certin things
were now regarded as necessities. and necessity
| knows no law 1t is time that these old fOgy
notions take back seat. Men should take new
view of these matters. That man does best who
obeys the dictates OF his conscience best.
Mr. Heffren moved that the bill be recon-
mited TO The committee on the judiciary. The
mitted was agreed to.
FOURTH CIRCUIT COURTS,
Mr. Gibson, from the committee ON organize
tion of courts, reported back Mr., Tuley's bill,
H, B. No 231, TO fix the time of holding courts in
the Fourth Judicial Circuit, with the recon-
| mendation that the bill pass with certain
| amendments. The report was cOncurred in, and
| the amendments were adopted
On motion by Mr.. GibsOn-yeas 78. nays O.
the constitutional rules suspended, the blll
was read the second time, by title only, and the
third time by sections, and passed the House by
yeas 81, nays o..
REPORTS OF COMMITTEES.
| Mr.. Patton, from the committee on oryaniza-
tiOn of courts, reu uOrted back Mr.. Hamlton's
bill, H. B. No. 1853, estaolishing county courts,
etc. with the recommendation that the same
| indefinitely postponed. the report was cOneurred
ln
Mr.. Spann's hill, Fl. b. No 20l, to provide for
the organization of saving banks. reported
| back from the committee on banks, with the rec.
ommendatlon that it be indefinitely postponed.
| The report was concurred IL.
Mr.. Hanson's bill, II. b. No. "a, to provide
! for "a general system OF common schools. was re-
ported back with the recommendation thai it he
indefinitely postponed The report concurred
in.
! Mr.. ShOckney's bill, FL b. No. 13S 20 amend the
common-school law, was returned from the com