The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-04
IN SENATE.


Legislative Reports
IN SENATE.
TUESDAY. Feb. 3. 1sS5-f0a. m
Hon. = ,sncis Johnson, q Senator from the
county OF rippscanos, appeared in his sest
after beiIss confined 70 his house By sickness
for fourteen weeks.
Convict LABOR
Mr.. JOB NsON, of TIppecanos, offered
Joint resolution rs s proposing an amend.
ment 70 the Constitution OF the State of In
diana by the Insertion OF Article II, forbid.
ding the hiring out OF the labor of the con-
yicis Of the penitentiaries and inmates OF
The rsformatory institutions OF the State,
and providing for the regulating the employ
msnt OF said convicts and inmates, which
was read the first time and referred to the
Committee on Labor and Labor Statistics.
Mr.. WILLARD. STATING that we have
hardly q working QUORUM here, moved to
Suspend the order Of business that ne might
introduce two bills which the Senator from
jasper Mr.. Hoover left with a request that
they be presented to the Senate.
The motion was agreed to- and for Mr.
Hoover be introduced ths bill 5. 254l for
the encouragement of life time convicts IN
the State Prisons, aud providing that
twenty ge years shall constitute a life
sentence in the State Prisons OF Indiana.
Also the bill 5. 255 to amend Section OF
the act Of March 8. 1883 concerning the be
bsvior and time of convics. They we're
read and referred to the Committee On Pris-
ons
ATTORNEYS FEES ~ NOTES.
Mr.. Smiths. of jay, bill 5 Al to make
void attorneys fees in instruments OF writ
ing coming up on the second reading:
". SMITH. The reason l introduced
This bill is not because hare an antipathy
10 the payment OF notes containing such an
seSeement, but because there is growing
st1te Of the attorney fee Law to such an ex-
tent thst warrants legislative interference.
And if this Legislature did nothing else than
10 prohibit TIE entering into such agree
ments il would do s wise and judicious
ring. One continually growing abuse OF
the present provision is that persons will
make al agreement with the holder of the
note in many CAGES TO pay back portion OF
the attorney Zee. IL seems TO me this bill
was rot fairly considered in the committee.
do not wish to impGga the motives OF the
Judiciary Committee. but I would like to
have an opportunity to appear bsfore ig and
explain the REASON Why introduced this
bill. The practice under the present statute
IS carried TO such an extent that it is bring
iIg the LEGAL profession into disgrace. Il is
saic that IL would De unwise and IN judicious
10 enact this bill into law, foE the reason
that the psIty who loans money should not
be Put 10 the expense of collecting the note
and paying attorneys fees Where party
loans money, IL he expects 10 have 10 sue for
~ he would never loan 3 dollar; and if a man
loans money, expecting to bring suit to
enforce the collection OF IL, he is not
safe man 10 do business and there
should not be Ia which would enable
hlm 10 collect attorney = fees Another OBJ
lection urged against u bill is that it
would drive capital cut OF the State.
Men who have money to loan GDd fOrsi IN
corporations who loan money 10 tais State
are more magn8nlmOus than some OF our
own citizeSs. / undertake to cav there is
lot note executed in this State to q non.
resident but what specifies IN the note the
amount OF the attorneys fee. Another ob-
lection TO this bill may be that il is not con-
sttuEoDal. IL any Senator is laboring I'M
der impression of that kind, want to
say that this bill was drawn up by as good a
lawyer there is in the State of Indiana.
IL seems TO me it is within the power of the
Legislature to say whether or not such a
contract shall be illegal or void.
Mr.. ADKISON: What effect would the
bill have upon foreign corporations insert.
ing five per cent. IN their notes?
. Mr.. SMITH. / don't think il would drive
8 single cent out of the State. believe il
would put every person upon an equal
footing. There should be law enacted that
every person leaning money should stipu-
late the attorney fee to be paid.
Mr.. SELLERS: / rise to point Of order.
see upon examin alton of this bill which
the Senator has introduced that il do5s not
comply with one OF the rules OF the Senate
the one which requires all bills 20 refer TO
the section of the Revised Statutes sought
10 be amended. ] move that it be recon-
mitted
bill carefully, and 1t was drawn by person
who IS not acquainted with the rules OF the
Senate. / will consent I'd the motion to re-
commit to the Judiciary Committee.
II vas so ordered by consent.
SEVERAL SENATORS Regular order"
Mr.. WILLARD: / think we had better go
on with the business we have been doing
;hIs morning, for the reason that there is DO
quorum present
SCHOOL FUND INTEREST.
Mr.. Huston's bill s. 291 to authorize
school moneys TO be loaned az or per
cent when per cent. can not be obtained,
coming up on the second reading with ga
unfsvorable majority and favorable minor
ity report from q committee.
Mr.. HUSTON: The statute requires each
county 10 pay in the State Treasury per
cent. on all school fund moneys held by the
county under the distribution of that fund.
There are counties where IL is impossible TO
make loans of this kind at per cent. in ter
est, and the result is the money is lying idle,
practically. vet the county is required to pay
the per cent INTO the state treasury every
year. Union County, one of the smallest
counties in the State for years has been un-
able TO loan the school fund moneys. The
Treasurer has had these funds in his pos
session, and the Commissioners of the county
are not allowed to use it The fact is, bank
il being run in the lower part of this State
having for its basis the unloaned school fund
of that county. The county could loan this
fund out at or per cent. This bill pro-
vidss simply this that where in any county,
that il is impossible TO make loans of the
tckool moneys at s per cent, the County
Auditor after having gained the consent of
the Board of County Commissioners, is
aui horizsd to make loans of this fund at any