The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-19


people Is incorporated and Il ought to be rel
egaled and left 70 the people IN this State,
who are better Judges than the ten or fifteen
TowBsbip Trusiees. This office no y hiss be.
come sutServient TO the book agent, map aud
furniture rings.
Mr.. WILLARD moved TO substitute the
last report-to lay on The table for the hrst
report Of the committee.
The motion WAS agreed 70 by yeas -,
nets22
Mr.. CAMPBELL. OF 81. Joseph explain.
ing In 90. Joseph County the Office Of
County superintendent has been entirely
non.psftssn Office We have a Supefin.
tendent who has held Office for years-slaeted
by Democrats and Republicans unanimous
Is. believe better selections for the
schools can be made hy The Township rrus.
tfts, updn whom rests The direct fseuonsls
hiliiy OF the schools than by conventions,
therefore vote aye"
Mr. WILLARD made ah Intellectual
motion yeas - nave 9l-to concur ia The
hisi report ~ amended by The substitution
On n otoa 6y Mr Sellers The bill was re-.
committed,
ATTORNEY tfrs ~ sofrs.
Mr. emilh's, 81 lay, bill g. llmsee nasa
i8ul 10 appeal The attorney lee clause IA
notes, coming up on the second reading
Mr. MAuFhl la 1915 or previously tho
General Assembly passed q Law authorizing
nn attorney fee clause ~ he pat Ia note,
The man Who is In default lyg non payment
OF money should nay tho expense ~ tAliset'
/ iufl u collection bHg % be forced, TIE
lfonle ought 10 have Tho right go
mfte any contracts in relation 90 ihs
loan aud repayment II m0nhy they zee ill
II ihe Legislature is 10 take the phlefpal
relation 10 The people IN ths and avery
other thing, a may 20 90 iar as 20 reach Ia
aida az auEaasffa FaIatiaua WHeu a. IN
wade the established sfder for lhe repay
ment OF money 30 we'll known ia every re-
Fpfot, IL should not DO done ia response "a a
demand from any particular part OF the
State The spirit Of The law IL thar the per.
son who has 90 pay the attorney foe should
have the right TO recover IA from the default
ing debtor. ! never knew as able Com
mittee on Judiciary as the present one Ia
this Senate and when that Committee has
reported on any measure Il d safe for the
Senate 10 foli1g the recommendation OF that
committee hope the bill will be defeated,
M. sMlrit, IL Jay A promise TO pay
attorneys IN a piomisaorY note or draft
Is entirely sfoI y The attorneys fee a..
ways comes on q other fellow, and the at
t0rAey ohaIsta ss large a fee a. he can.
Without this provision IN n note the holder
usually makes a bargain as 20 what the fee
shall be, but when the note contains the
attorneys fee clause the holder hands 1t 10
the lawyer without making bargain. The
valuation OF the lawyers lee Is regulate by
a local custom in reference Go the c0llec ton
OF commercial papers containing That kind
OF an agreement This attorneys fee clause
IL nothing more or less than usurioas inter
est, and viii Senators Justify usuriou, Inter
est2 He believed the bill II n righteous
measure, nd that Il would not iniure any
body. He moved a substitute for the COM
mittees report thai The bill be ordered en-
crossed.
Mr.. FOULKE could not see how an In
demnity against loss eau be construed as
usury or interest OF any kind, or even com
pensaton for the lean Of money. The at
l0fney fee clause ID simply an indemnity. 1t
Is not Just that q man who sIgus note
should impose upon the holder tna further
cost OF collection, IL forced 10 do 50. DO
not believe in tlis kind OF legislation over
ptOplo able to take care Of themselves. lt is
FOR the good OF the people that they should
protect their own individual rights. aud not
that We should make that attempt for them.
Repeal this IAy aud in all classes Of cases
who're thero is any doubt Of collection the
fbte al interest Will so up la iutt those cases
where the necessity Be- Rrestest aud II will
hurt The poorer Glass Of people. The Interest
Is pot up against the hoor man, though IL
may not be knoAn whether he Will default
or not.
The senate Refused 10 order the bill en-.
Crossed by yeas 10 nays 20.
The report OF the committee that The bin
lie on the table was ooncurfed IN by yeas -,
nays 4
Mr. MCCULLOUGH, when his name WAS
called, faid / oppose the bill because "a g. In
principle wrong lt IL 40 attempt 10 take
away from the people the right 90 make such
contracts ne they please. ! believe every
lawyer will agree that instead ~ being a
benefit 10 tho actual practitioner oi Law IT is
= curse 20 The Profession no Ia wrong 60
tho PEOPLE 90 say they shall not make such
contracts ns they see ~ ! vote aye"
Hprtnt iHota uI HIGHWAYS.
Mf. Browns bin Il. r. 20 90 amend Heo.
il0nF q and 20 of the supervisors act ~
March q 1883, was faad the second time will
a committee substitute therefor
Mr., brown explained one section cute
down tbh hntfu iaf = dave work from ten 60
EIGHT and With other changes proposed, Viii
make ihe IoHd laws pretty nearly perfect
THE substitute being compilation ~ e0oA
features from similar hIlih,
M MAoEg desired al amendment 80 hi
60 leaVe the construction 81 bridges disefp
uunafY with the uaaniY Commissioner
And then the Senate adjourned