The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-06
N SENATE.
THURSDAY MORNING, March 5, 1850.


Mr.. SELLERS moved that the bill q. r.
222l to abolish the Office of Ditch Commits.
sioner be read the first time BY sections and
ibe second time by title.
Nr. WEIR: The present law is system
81 robbery. Under the present law man
may start ditch scheme aud rob the people
OF Thousands Of iollars. We need some leg
islation upon this question; the people are
expecting and demanding il. In one county
OF this State am told there are over sixty
executions that have been returned, while
the properly assessed ss benefited is not suf-
hcient TO pay the executions. This Is an in
famous la and ought to be changed.
Mr.. YOUCHE: I hope that motion Will
not prevail. There have been bills intro
duced here and reported by the committee
that would do away with the most objection
able parts of the drainage law.
Mr.. WEIR: II Is evident that no DILL that
has not gone through the House can origi-
nate in the Senate and then go 70 the House
and pass this session. 1t is the duty of the
Senate TO take some action upon this matter.
Mr.. MAGEE: This is going 10 make a
radical change in the law. The people have
become thoroughly familiar with the present
law, and the law has worked satisfactory
with few exceptions am opposed to this
bill at this time.
Mr.. WEIR: The people in my section have
become so familiar with the law that they
regard IL as Infamous. Ii Is from this tamil
isrity that the people demand a change.
Mr.. MAGEE: don't know why the bill
should work one way inCass County and an
other way in Leporte County. You can't
have public highway law that is not arbi-
fIary. | insist that q bill so important as
THE, coming at this late day, ought not to
be considered 1t IL utterly impossible to
give this bill the proper attention. The first
law that was passed in Indiana in regard to
drainage was in 1865, and We have have
changed that law until we have got the pres
ent law, and it is the best law We have ever
had.
Mr.. HlLLIGASS: The present law is not
satisfs Glory to the people of Indiana.
The present law is eminently satisfactory
to one class of people, and that elias, of peo-
ole is the attorneys In my county, where
great deal OF ditching has been done, thu
most satisfactory law is the Commissioners
law. more arbitrary law has never been
placed upon the statute book than the pres.
spt one.
Mr. WILLARD: 1t seems to me that this
Legislature in this late day of the session is
trying to follow out the action of the Legis-
lature OF 1881, when several bills were
rushed through that were afterwards found
TO work unjustly. / doubt whether there
are three member on the floor o. the House
who understood anything about this bill 1t
changes radically the entire drainage law of
the State. We ought LOT TO change the pres.
ent law by passing bill 20 know nothing
about.
Mr.. SHIyELY: introduced bill to re-
peal the present law in regard to drainage;
this was referred to the COMMITTEES on Drain
age ard they made favorable report. i
was told by several members of that COM
mittee that there would be bill introduced
in the Senate for the purpose of amending
the ditch law. Now we have bill before the
Senate proposing to amend that Law, and
trust that Ii will pass. II there is anv law
that Is infamous. odious and expressing the
people it is this Circuit Court ditch Law.
trust the rule will be suspended
Mr.. MCINTOSH: Nearly one-half of my
county have written to me in regard to this
law and spoken of Its uDjustness. under
stand the intention of the bill is to keep the
Ditch Commissioners from confiscating the
property of the people.
Mr. YOUCHE: This bill proposes TO repeal
the present Circuit Court drainage law in
toto, and to pass a new act upon this sub ect.
1t provides that there shall be jury trial,
and If there were five hundred witnesses as
might be the case, il would hardly be posi-
bic for Jury TO do justice to the parties con-
cerned. The Jury provision would result in
rendering imperative the ditch law. Tni >
bill provides that il majority of the resi-
dents OF the county demonstrate against the
ditch. it viii go down In the case of a non
resident, who owned land and paid taxes,
having no friends in that county, il would
work very great hardship Indeed. This bill
comes to the Senate without any recommend
alton from any committee. | hope so radical
measure will not come up at this late hour
of the session.
Mr.. SELLERS: 1t is not too late to do
Justice. This bill was introduced January
p. 1t provides that where any two land
owners of the county, or majority OF the
land owners shall remenstrate. they shall
proceed no further. l say that q majority
OF the people should always have control OF
this matter. ! move the previous question.
The demand Was seconded, and under its
operation
The motion Mr.. Ssller's) was agreed to
yeas, 81; nays, land the bill was ordered
eDgrossed, with amendments proposed by
several Senators.
SUPREME COURT REPORTS.
The bills s. 81 and 941 were taken up.
Mr. SELLERS: The report signed by the
Senator from Wayne aud myself proposes
to sell these reports at profit of seventy-i five
cents q volume, and provides good salary
for the Reporter. The State paid Sl4 $50 for
her share of these reports last year. / desire
TO be fair TO the Reporter of the Supreme
Court but let this law be passed so that
hereafter these Reporters may fully under
stand what the emoluments of the Off &c
will be.
Mr.. YOUCHE: Two members of the com
mittse were in favor of reducing the price Of
the Reports to J.. 10.
The Senate took recess for dinner.
AFTERNOON SESSION.
The report submitted By Messrs. Sellers
and Foulke was read.
Tho minorifv Mr. Msvis1 yanort racan-