The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-04

ty of Tippccanoe appeared in his seat after being
confined to his house by sickness for fourteen
weeks.
A memorial from all the ministers of churches
in the city was read It congratulated the Leg
isiature on the introduction Of bill to prohibit
Sunday base ball playing, and deprecated any
measure that would lengthen the number OF
hours in which saloons might be kept open.
Mr.. johnson, of Tippecanoe. offered a joint
resolution 5. i proposing an amendment to
the Constitution of the State. by the insertion
of article IL, forbiddiDg the hiring out of the la
Dor of the convicts of the penitentiaries and in
mates OF the reformatory institutions of the
State. and regulating the employment of the
convicts, which was read the first time and re-
ferred to the committee on labor and labor sta
tistics.
DIR. Willard, stating that there was hardly
working quorum present, moved to suspend the
order Of business, SO that he might introduce
two bills. The motion was agreed to, and for
Mr. Hoover he introduced bill Is 254l for the
encouragement of lifetime conviets in the State
prisons, and providing that twenty FIVE years
shall constitute life sentence in the State pris
ons of Indiana Also bill IS 255l to amend
section os the act of March g. 1889, concerning
the behavior and time of convicts. They were
read and referred to the committee on prisons
ATTORNEYS FEES IN NOTES.
Mr.. Smiths (of JAY bill rs. All to make void
attorneys fees in instruments of writing, coming
up on the second reading, Mr. Smith said: THE
reason / introduced this bill is not because
have an antipathy to the payment of notes con-
tanning such an agreement, but because there IS
a growing abuse of the attorney-fe law. 1t this
Legislature should enact a law prohibiting the
entering into such agreements it would do wise
and judicious thing One continually growing
abuse of the present provision is that persons Will
make an agreement with the holder of the note
in many cases to pay back portion of the at
torneys fee. The practice under the present
statute is carried to such an extent that it is
bringing the legal profession into disgrace. 1t is
said that it would be unwise and injudiclous to
enact this bill into law for the reason that the
person who loans money should not be put to-
the expense of collecting the note and paying at
| torneys fees If a man loans money, expecting
to bring suit to enforce the collection OF 1T, he
is not safe man to do business and there
| should not be law which would enable him to
collect attorneys fees. Another objection urged
against the bill is thatit would drive capital out of
the State. Men who have money to loan and
foreign corporations who have money in this
State, are little more magnanimous than some
| of our own citizens. undertake to say there
is not note executed in this State to non resi-
| dent but that it specifies the amount of the at
torney's fee. Another objection to this bill may
be that it is unconstitutional If any senator is
| laboring under an impression Of that kind,
want 10 say that this bill was drawn up by as
| good lawyer as there is in the State of Indiana.
/ 1t seems to me it is within the power of tie Leg
| islature to say whether not such contract
shall be illegal or void
L
the bill, and it was recommtted to the Judiciary
| committee.
SCHOOL FUND INTEREST,".
| Mr. Illusions bill IS 29l to authorize school
moneys to be loaned at or per cent, when s
per cent cannot be obtained, came up on the
second reading. with majority and minority
! COMMITTEES reports
Mr. Huston-The statute requires each county
| to pay into the State Treasury per cent on all
| school fund moneys held by the county under
~ l:-I~s ~xAEN1
ties where it is impossible to make loans Of this
fund at per cent interest, and tine result is the
money is lying idle, practically, yet 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 unable to loan the school fund moneys
The treasurer has had these funds in his posses
| sion, and the commissioners of the county are
not allowed to use it. The fact is a bank is being
| run in the lower part of this State, having for
| it's basis the unloaned school funds OF that
| county The county could loan this fund out at
6 or Z per cent. This bill provides simply this:
| that where in any county, it is found impossible
! to make loans of the school moneys at per
| cent, the county auditor, after having gained
| the consent Of the board of county commission
ers, is authorized to make loans of this fund at
any rate of interest not less than per cent. 1t
would enable Union county, instead of paying s
! per cent on $50 O00 If she could loan this money
! to pay simply per cent. back to the State
| Treasury. 1t does not in any sense release the
| county from the payment of per cent interest
| into the State Treasury This bill, think is
surrounded with safeguards. No county auditor
would loan this money at per cent. if q
higher rate could be obtained. It would
be no argument against this bill to
say that The county auditor. in collision,
might loan the school fund at 6 per cent. The
| law provides that only ST 900 can be loaned to
| one person, and suppose some auditor should
favor friend with 4 loan of 81. 900 at per cent
that is only 800 year, and l hardly think the
average county commissioner would resort to
stealing just to make $50 for friend. / think
this bill will be found to work satisfactorily and
! | hope the minority report win be adopted
Mr.. McIntosh--The committee had doubts
| about the workings of this bill, and feared it
would cause the tax payers to make up certain
amount Of interest that would be lost under it's
provisions. As there is not a quorum in the
| Senate, move the further consideration Of the
bin be postponed until Friday, at II o'clock, and
made the special order for that hour.
Mr.. Wer-l regard this an important meas
ure. / am not one of those inclined to think the
auditors or any other officers rascals, or that
there is any general tendency to dishonesty OF
the part of county commissioners The county
i live in has been paying interest at per cent
| on $25, 900 for FIVE years.
The motion to postpone was agreed TO.