The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-19

last the list it would be subject to trades and
political bargains. He has charge of the
examination of teachers. Two years
ago the grades of teachers were ele.
waited by a law then passed. Under it a
great many Incompetent teachers have failed TO
pass examination, and to these dissatisfied men
you give the power to say 20 that officer, if you
refuse us a license you will meet with our oppo.
siton at the POLLS There has been no Office
kept so free from partisan rule as this Office of
county superintendent l have heard no argu-
ment advanced for this change.
Mr.. Brown believe in the people choosing
their rulers. Practically, the system in vogue
IS one where tire people have delegated their
power to township trustees 1t ought to be rels
gated to the people, who are better judges than
the ten or fifteen township trustees. This Office
has now become subservient to the book agent,
map and furniture rings.
Mr. Willard moved to lay the bill on the table.
The motion was agreed to by yeas, "a; nays, %.
On motion by Mr.. Sellers, the bill was recon-
mitted.
THE FEES OF ATTORNEYS.
Mr. Smiths (of JayI bill rs 14l to repeal the
attorney fee clause in notes came up ON the Sec
ond reading.
Mr.. Maeee-In 1873 the General Assembly
passed bill authorizing an attorney-fee clause
to be put in note. The man who is in default
for non payment of money, should pay the ex
pense of collecting. if collection has to be forced.
The people ought to have the right to make any
of money they see fit. If the Legislature is to
take the paternal relation to the people in this
and many other things, it may go far to
reach inside OF domestic relations. The spirit of
the law is that the person who has to pay the at
torney fee should have the right to recover it
from the defaulting debtor.
Mr. Smith Of Jay-A promise to pay attor-
ney's fees in promssory note or draft is entirely
wrong. The attorney fee always comes off the
other fellow and the attorney charges as large a
fee as he can. Without this provision in note
the holder usually makes bargain as to what
the fee shall be.
The valuation of the lawyers fee is regulated
by local custom in reference to the collection
of commercial papers containing an agreement.
This attorney-fee clause is nothing more nor less
than usurous interest. He moved that the bill
be ordered engroSSed
Mr.. Foulke could not see how an indemnity
against loss can be construed as usury or inter
est Of any kind, or even compensation for the
loan Of money. The attorney-fee clause is sim
ply an indemnity. 1t is not just that man
who signs a note should impose upon the holder
the further cost of collection. Repeal this law
and in all classes of cases where there is any
doubt of collection the rate of interest viii go
up in just those cases where the necessity is
greatest and it will hurt the poorer class of peo
pie
The Senate refused to order the bill engrossed
by yeas, 10; nays, "a The report of the commit
tee that the bill lie ON the table was concurred in
by yeas, %; nays. IA
WI. DfOWnS ulIl H. II. IL 10 amend SectlonS
l. and 20 of the supervisors act of March 2.
1883, was read the second time, with committee
substitute therefor. Mr. Brown explained that
one section cuts down the hours for a days work
from ten to eight, and, with other changes pro-
posed will make the road laws pretty nearly per-
feet this substitute being a compilation of good
features from similar bills.
Mr. Magee desired an amendment so as to
leave the construction of bridges discretionary
with the county commissioners.
The Senate then adjourned.