The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-09
THE PROCEEDINGS In DETAIL.
THE SENATE.
The General Appropriation Bill Finally
Passed-Fencing Railways.

Passed Fencing Railways.
At the morning session of the Senate, yester
day, on motion by Mr. Hilligass the bill IL. X.
565l to legalize the acts of the commissioners of
Wells county, in issuing gravel road bonds, was
pressed through three readings and finally
passed.
The Senate resumed the consideration of the
general appropriation bill. The item of 49, 900 for
bath, wash and dry houses at the State prison
north being read Mr.. Fowler moved to amend
it by inserting -four" instead of '1eight" which
was rejected.
The committee amendment adding after the
appropriations for the State prison north pro-
viso 'that all specific appropriations herein made
for additional buildings and machinery for the
State prison north shall be paid out OF the earn
of said prison. agreed to. Mr.. Willard
said that $ll8,000 was the amount earned last
year by the State prison north and the surplus
was $4,000. Mr.. Brown moved to add mo such
expenditure shall be made unless the earnings
are sufficient to meet the same" which was
agreed to-
The amendment adopted by the committe of
the whole adding $500 for the State horticultural
Society was agreed to.
Mr.. Willard moved to amend section by an
additional exception, stating that al appropria
tons herein made for additional buildings, libra
ries and all specific appropriations, are made but
for one year-the fiscal year ending October 30.
1886"
Subsequently on motion by Mr. Youche, the
the $I5, 900 item for water supply for the Insane
Hospital was also excepted as was also the extra
appropriations to Bloomington and Purdue Uni
versities.
Mr. Campbell of ST. Joseph moved to recon
slider the vote decl airing that no expenditure
shall be made in any one year at the prison
north unless the earnings are sufficient to meet
the same. 1t is desired, he said, that these re-
pairs shall go on now and be paid from the earn
ings Of 1884, about $13 900 of which is on hand.
The motion to reconsider was agreed to.
Mr.. Brown then withdrew the amendment.
On motion by Mr. Willard the constitutional
rule was finally sus pended, and the bill read
the third time and passed by yeas 80, nays IL.
bin too extravagant, and did all in my power
to prevent the extravagance, but as we must
have appropriation bill will vote ''yea"
Mr.. Faulkner-There are number of things
in the bill think are wrong. did all / could
to keep them out; but one man can't have every
thing he wants. | don't think that good excuse
to vote against the bill, SO vote ''yea"
Mr.. McIntosh-I think there is at least $780,
600 more in that bill than there ought to be. and
500, 900 more than is necessary vote sinon
Mr. Willard-As chairman of the committee
on finance have endeavored to keep the appro-
priations as low as possible. 1t will create a de-
fciency of 1920 600 if it passes. don't feel like
going on record as voting for it, and | shall not.
my vote and give reasons. l recognize the fact
that appropriations have to be made, and by the
majority, but when the chairman of the COM
mttee finance votes against bill he has pre-
pared, desire to change my vote to mo"
Mr. Huston--For the same reasons given by
the senator from Hendricks desire to change
nv vote to mo.
Mr.. McCuilough-The appropriation bill did
not meet my approval at all, but 1 notice that
the Republican majority voted for the largest
to make record of that kind, will assist, and
vote mo"
Mr. Marshall-Inasmuch as the Senator from
Gibson Mr.. Mccullough has charged that the
Republicans on this floor have tried to make this
bill as large as they could and as forone of the
Republicans have tried to keep these appropria-
lions down as low as l could, and as / see they
are yet altogether too large vote "no.'
Mr.. Thompson-lnasmuch senators around
me are going back on what they have done, /,
too, will repent and will vote no"
Mr.. Magee-This is all child's play.
Mr.. Atkinson, asking that his name be again
called, said II understand this appropriation
bill is the offspring of the Democratic party, hut
as its father sees proper to go back on his off
spring vote no."
On motion of Mr. Duncan of Brown the bill
H r. 565l to fix the time for holding courts in
the Tenth judicial Circuit was read three times
under a suspension of the rules, and finally
passed.
Mr. Willard moved to suspend the regular or
der and take up House bill, No 543, allowing
county treasurers per cent. for collecting de-
linquent taxes Mr.. Huston moved to lay on
the table the motion TO suspend the order of bus
mess, which agreed to by yeas 81, nays 81.
Mr. Huston moved that the Senate committee
amendments to the bill III. r.. III requiring rail
roads within six months to build fences along
their tracks pc ordered engrossed, 1t is similar
to the laws in Illinois, Missouri, Iowa and Kan
sas. except that it is much milder toward rail-
roads.
NJ:
on railroad companies which they cannot meet
If this bill is to pass it should be amended to
give further time. / move to strike out the
word six" and insert in lieu thereof eighteen .
MIR. Campbell of Hendrieks-I agree that six
months is rather a short time, but eighteen
months is too long. After the railroad company
has had reasonable time the owner of the land
should have the right to build the fence. The
partition fence law was not made with reference
to the fencing of railroads. This bill gives
ample time to build fences and eatt.eguards
Mr.. Huston-This bill simply requires railroad
companies to build fences where land is i'm
proved within six mouths. but has no emergency
clause, which practically gives them nine months
1t practically removes all liability for the killing
of stock where the track is fenced Then it
gives the owner of the land the right to fence
when the railroad refuses, and allows the rail
road company sixty days in which to pay for the
fence If the railroad company tenders pay
ment for the value of the fence within sixty
days the claimant cannot collect attorney fees.
The farmers of Indiana have heretofore been
building these fences and it is but fair that rail
roads should hold up their end of the string
now Of the $500 miles of railroads in this
State all hut about 900 are fenced.
Mr.. Campbell, of ST. Joseph, moved to amend
the amendment by striking out the word 'eigh-
teen and inserting in lieu the word twelve"
Mr.. Willard-Whe the amendment would re-
ieve the bill of dangerous feature, there is
still an objection. If this bill is in favor of any
one 1t is in favor of railroad company. There
is only one way it can be construed as constitu
tonal. and that is that it will be police regua-
ton. The effect will be wherever roads are
unsafe, and where they are already fenced, there
will be no way of recovering damages for stock
killed
The amendments were agreed to by yeas "a,
nays %
Mr.. Youche moved to amend by adding to Sec
ton 4: Nothing in this act shall change the
liability of railroad coriorfinns stock killed