The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-04-10
IN SENATE.
THURSDAY. April 9. 1885.


the bill a. r III pending at the adjourn
nent yesterday.
Mr.. MAGEE withersg his motion TO re-
commit.
The question being on the amendment
mfr. Willard, to strike out ell that relates
10 attornsyy's fees, it as rejected by yeas
II, nays p
Mr. BAILEY, explaining his vote: The
Law in reference to mechanics lien and in
other cssesg provides for attorneys fees, and
see no reason Why such provision should
not be included il these cases, so / vote
mo"
Mr. MAGEE: don't think we can make
such provision apply TO involuntary con-
tracts therefore vote aye"
~. MCINTOSH: II Ibis attorney ies is
stricken out il will coat the farmer as much
20 hire a lawyer as the fence is worth, so l
vote mo"
Mr.. SMITH, of Jennings; I understand
the friends OF this bin put it on the ground
of police regulation, and not on contract
bssis. That uneducsted profesHionals who
may advise a suit for the sake Of fee may
Lot profit By such legislation vote mo-
So the amendment was rejected.
Mr.. WINTER moved to amend by insert
Ing the word ''recsiver" sfter the word ''as-
lgnes" wherever il occurs.
Mr.. Y0UCBE questioned whstber re.
ceivers already appointed can be affected By
sUch provision
Mr.. WINTER considered they could under
police regulations.
The amendment Was sgresd 70.
Mr.. 1OUCHE offered an amendment that
the fences may be constructed in part OF
wire. ALI the new fences in my part of the
State are built OF bArbsd wire.
1t was adopted by consent.
Mr.. OVERSTREEr moved 70 strike out
the words with gates and bars." This bill
ought TO be fair aud equitable to the rail-
road company as we'll As TO the land owners.
is ii reasonable when the railroad company
have DO use for the gates. when they are
broken down the company is TO be held
Iesponsible2 Then tbs bill does not state
how frequent these gates shall be built. The
roads may be required TO bald them at
every field.
Mr. WINTER: 1 favor the amendment
for the reason l don't believe the feature be
proposes to strike ia constitutional The
only right We have TO pass bill of this kind
is 10 protect the public by police regulation
from The liability OF having trains thrown
from the track by animals getting on it,
mr.. 1OUCBE moved as q substitute an
additional section, requiring gates aud bars
a. farm crossings to be built aud kept IN re.
pair and kept closed by the farmer in the
absence OF q written contract.
Mr.. OVERSrREEr: Adopt my amend
ment and then the amendment OF the Soma
tor from Clarke Mr.. Youche) and all csses
will be covered.
Mr.. CAMPBELL. Of Hendricks: 10 sccurs
TO ne the position taken by the Senator
from Johnson (Mr. Oversii et) Is right. We
have no right TO require IaIirea1s to make
gates st crossings; that Is not for the protec
ton OF the public.
Mr.. MACY: don't know why the inter
ests OF railroads should be regarded as so
Dch more sacred IN Indiana than in any OF
the sdjoiBing States. In Illinois, Michigan,
Macs achusetts and number OF other States
in fact, every where railroad fencing is
requii ed-they are compelled to keep up
fences and barriers the same as in this bill.
The substitute Mr.. Youche's) was re-
jected-
The amendment (Mr. OVerstreet's) was
agreed to.
Mr.. YOUCHE now re-offered his substitute
as sn additional sectioa.
1t was agreed to.
Mr.. SELLERS moved to amend by strik.
Ing out cattle guards and BARRIERS where
they occur in Section .. There ought to be
no provisions that will allow any person to
go upon and occupy tbs track of railroad.
The loss OF one life Is of more Importance
than all the advantages to be gained from
mp track except an experienced railroad
II al.
Mr.. HUSTON: Would not the railroad
company put IN snch barriers and cattle
guards within the time prescribed for Ro-
tiee?
Mr.. SMITH, of Jennings: This amend.
meut would persons to 20 upon a railroad
tSck and make ii inSecure-it is q most IN
reasonable thing
Mr.. WEIR: It seems to me this amend
ment is eminently proper and ought to be
Mr.. MCINTOSH: II this amendment is
adopted We might as we'll indefinitely post
pone the bill. II is the knife that will
slaughter it,
Mr.. HILLIGASS: think the amendment
ought to be adopted.
The amendment was rejected By yeas p,
lays %.
Mr.. BAILEY. explaining his vote: It
seems to me the adoption of this amendment
would in fact nullify the bill. Senators ex-
sggerste the idea OF inexperienced men
working uron the track. / vote mo-
Mr.. MCCULLOUGH: / regard the amend
ment as wholly immaterial. II you strike
out this clause you still require the tracks to
be fenced. III 8 fence is run on two sides
and no cattle-guard is placed where 4 road
crosses. the track is not fenced.
Mr.. WINTER moved to insert in Section 2
ashirty days notice 10 the railroad agent.
Mr.. SMITH, OF Jennings, moved to amend
that such corporation shall no. be required
to build fences between the first day of De-
C mber and the FIRST Cay of MAY.
IRE amendment vas rejected.
Mr. RAHA moved TO amend 10 that fences
may be dispensed with by consent. In sev-
efai townships IN my county stock are fenced
in. and there is no need OF the tracks bsing
fenced.
The previous question was demanded. and
being seconded by the SsnaEe, under It's op.
eTafioD-
The amendment was rejected.
On motion the amendments were ordered
eag-ossed.
On motion by Mr.. HUSTON the bill was
read the third tine aud passed by yeas IS,
peys9