The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-23
THE HOUSE.
The Action ofthe House on the Proposed In
observation-disclosures Rights.

The Action ofthe House on the Proposed In
observation-disclosures Rights.
The Speaker announced the special order for
the morning session as Mr.. Moody's resolution
for the appointment of committee to examine
into the character, extent and condition Of the
work the new Insane Asylum, and the
amount of money necessary to complete the
work Mr.. Moody moved its reference to the COM
mittee on public expenditures, and said that he
introduced the resolution for the purpose of get
ting the matter investigated His motion was
agreed to.
Mr.. Patterns bill fH 1877 to abolish the grand
jury system was returned from the judiciary
committee, with a recommendation that it be in
definitely postponed
Mr. Patten said he did not particularly care
about bill of that kind himself, but bad drafted
it in the interests of economy The system OF
grand juries is very expensive one He be-
lleved that it was a system of barbarism and
lnquisition The grand jury is of service to no
body. 1t is not effective. 1t has retarded jus
tice. His bill provided that the prosecution
shall be by any one. He thought that it ought
to have fair hearing. Mr. Taylor moved to
recommlt the bill. The motion was agreed to.
THE RIGHTS OF WOMEN.
The Judiciary committee reported against the
bill Of Mr.. Jameson amending the married
definite postponement The question before the
House was upon concurrence in the re-
port. Mr.. Jameson, the author of the
bill, said the bill was to amend one sec
ton of the act known as the Married
woman's acs" of 1881. The section sought to be
amended provided that married woman should
not enter into any contract of suretyship. He
further said that if the present law was to stand
it was thought by some of our best lawyers that
the same reasoning by which the courts had arriv
n ct TIL n
it, would inevitably lead to the conclusion that
mortgage of man and his wife on real estate
owned by the husband would be void as to the
wife's interest therein, for the reason that the
law was we'll settled that a wife's interest
in real estate of her husband, mortgaged by
husband and wife to secure the husbands deht,
was security only for the husbands debt The
question was not legal one; it was one of
justice, OF expedlency, and of public policy lie
was firmly convinced that the present law was
no real protection--was productive of no good
but was harmful law, 1t imposed disabilities
known to no former law. In the cases where its
provisions should afford some protection it was
continually avoided by indirection, and any
beneficial effects were lost. While the i'll
effects of the law were well known and wide
spread; dishonest husbands and wives colluded
to use the law as an instrument to commit fraud
on honest creditors. and honest and intelligent
women were prevented from the free and proper
use of their property.
Mr.. McMullen--Ths is question in which
we are all interested, and it seems to me that
under our rules this is not the proper time to
discuss the merits of this bill. 1t seems to me
it would be right to recomInit it so that we all
may have the right to discuss it.
Mr.. Mock, of Wells-I am opposed to recon-
hitting the bill. The present law is that a
mortgage executed by married woman to. prop
erty belonging to her husband is valid Our
Supreme Court has decided that married
woman can convey her property. 1t is simply a
humane provision of our law to protect married
women from being induced by their husbands to
convey away their property.
Mr.. Reeves-It has long been the tendency of
this Legislature to question the rights and priv
ileges of married women. 1t has been held that
she may make contracts of her own. If this is
the sentiment of the people, they certainly have
come to recognize the fact that women, within
themselves have some inherent sense that they
not dummies, to be led by their husbands
into all sorts of foolishness.
Mr.. Gordon--Ten years ago the Legislature
saw fit to take the first important step in enlarg-
ing the rights of married women. 1t was then
enacted that when real estate was held con-
jointly the wife had the right of partition. The
Legislature realized the hardship of that matter
and they passed law allowing her to enjoy her
pert of the real estate In 1879 they were given
rights to contract While they were charging
their rights by contract they were diminishing
their rights by mortgage. The report of the
committee ought to be concurred in.
Mr.. Williams moved to amend the report by
striking out the recommendation and the bill
pass to a second reading The motion was re-
jected.
Mr. Gordon demanded the previous question,
and under its operation the report of the com
mittee was concurred in.
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