The Indianapolis journal., 1885-03-13
HOUSE PROCEEDINGS.

Defeat of Mr.. Overman's Bill Taxing Money
Loaned in the State by Non-Residents.
The House was opened yesterday morning
with prayer by Representative Staley.
Mr.. Sears called up motion by him, intro
duced several days ago. providing that the bill
III. r. 377] to abolish certain fees of prosecuting
attorneys, which passed the House. be recalled
from the Senate. Mr.. Robinson said that an
army of prosecuting attorneys had been in the
Senate misrepresenting the BILL What the bill
provides is that when a man may willingly go to
justice of the peace and enter plea of guilty
for light offense, the justice shall not notify
the prosecutor nor his deputy, if they be absent,
nor shall he tax the usual S. fee for the prose-
cutor. If the prosecutor has worked up the case,
he shall be notified.
The Speaker said that he voted against the
bill before, but if certain amendments were
made he could support it. AS it is, it is in dan
ger in the Senate.
The motion to recall the bill was agreed to-
Mr.. Smith of Tippecanoe called up his motion
to reconsider the vote on the bill is. 45 creating
an appellate court Mr. Patten moved that the
motion lie on the table, which was rejected by
yeas 81, nays 40 On motion of Mr.. Smith of
Tippecanoe it was ordered that the bill lie on
the table and that 800 copies be printed.
Mr. Overman's bill H. r. 427 concerning tax
alton read third time. Mr.. Engie said the
bill proposed to tax money loaned in the State
by non residents Practically it will compel the
borrower to pay the tax, for the reason that the
money lender will compel the borrower to pay it
before he can secure the loan. Mr.. Adams said
the bill was step toward equalizing taxation or
obviating double taxation. Mr.. Gordon said
the bill did not reach far enough and should not
pass. Mr.. Best said that the fact that a man had
mortgage on his property did not make him
either richer or poorer If man should borrow
500 and give mortgage, he had the money and
should be taxed upon it. Mr. Boone opposed the
bill because it win debar great many persons
from mortgaging real estate or, in other words.
money from Indiana. Mr.. Overman said that
he had had experience with California laws, of
which this bill is copy, and that it worked well
there. Money-lenders opposed it, while business
men and borrowers favored it.
The bill was defeated by yeas 34 nays A.
Mr.. Rivers's bill H. r. 1881 authorizing the
abandonment of the recorders Office in johnson
county was read third time Mr.. Reeves op-
posed the bill on the ground that it would legis-
late from the Office brother of the recorder,
j. B. Clemmers, who, being heavily involved,
left the county. This brother took hold of the
Office and paid the debts. Mr.. Rivers contended
that the brother had never been appointed
deputy, but appeared and took charge of the
Office twenty-five days after the recorder had
left. Mr.. Patton moved that the bill be in.
definitely postponed. Pending action on the
resolution, the House adjourned until after the
noon hour.
AFTERNOON SESSION.
Mr. Smith of Tippecanoe, by consent, offered
o resolution, to avoid a doubtful constitutional
question, that the House, when it adjourns it
should be until Saturday afternoon. This reso
luton was adopted
The House then proceeded with the consdera
ton of the bill III r. 52Sl declaring county
Office vacant-the question being on the motion
Of Mr.. Patten that the bill be indefinitely post
poned Mr. Brownlee said that the bill was
general in its nature and was not intended
wholly for Johnson county. 1t provided that if
an officer failed to discharge the duties of the trust
In person, the Office should be declared vacant.
Mr.. Moody maintained that the present law
covered the entire case. By the law at present
personal service is necessary and personal sery-
Ice may be obtained by leaving a summons at
the last place OF residence of the officer against
whom action may be begun.
Pending the discussion the House. after adopt-
ing a resolution instructing the Reporter of the
Supreme Court to present a statement Of the
number of cases undisposed of on the Supreme
Court docket, for consideration in connection
With the appellate court bill, adjourned until
Saturday afternoon.