The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-01
Afternoon Session.

The Senate concurrent resolution, proposing
an amendment to the Constitution, so that the
Supreme Court shall consist of seven Judges
was rejected by yeas Is, nays 49,
On motion by Mr.. Hilligass his militia bill
is. 346l was read the second time and the COM
mlttee's report was concurred in. On motion by
Mr.. Winter active militia men were exempted
from the provisions of the bill. The bill was
ordered engrossed.
THE NEW DITCH LAW.
The circuit court ditch bill was taken up for
further consideration and discussion.
Mr.. Campbell of st. Joseph-There is con-
tradiction between section one and section seven
in one of which the commissioner is subject to
removal by the board of commissioners and in
the other by the court Then there might be
an amendment so that persons who desire to
work out their assessments may be allowed to do
So There is an ambiguous expression with
reference to the time when the work shall be
completed for the language of the bill is within
the time which shall be reasonable Who shall
determine the assessment in the proviso of sec
tion tenY In the latter part of section ten if the
bill said six months, it would be reasonable but
ten days notice is surely unreasonable. If
there was but one ditch TO attend to it would be
reasonable. The fees in section eleven are too
low. Three dollars day is too low. In our
county the custom is to allow S.
Mr.. Magee-This is in the nature of domestic
bill 1t authorizes taking private property for
public uses, Such laws must be arbitrary and
made so they can be enforced against any one
individual who may object There are some
provisions in this bill l feel must condemn by
my vote. 1t is the duty of the Legislature to
adopt laws that will develop the resources of the
State The great objection to this bill is that it
will require an adjudication of every question
that will come up under it. There are great
MANY provisions if enacted, that will require
the Supreme Court to adjudcate. It is bad pol
icy to change laws that the Supreme Court has
adjudicated upon. The ditch law has been
changed year after year. Every question that
could grow out of the present ditch law has been
settled and the friends of the bill have not yet
shown where it is superior in all respects to the
present law. 1t would incur great expense to
the people to litigate these new questions. If the
present law is disturbed except to amend it where
experience has shown it needs amendment, the
whole system will be upset. These drainage
laws have done more than any other to add to
the wealth and prosperity of the State. The
people have become familiar with them, and if
another law is enacted the very questions will
have to be readjudicated.
Mr.. HilligaSs-I am heartily in favor of this
bill Its object is to provide better md euuita-
BILE system of drainage. But ole objection has
been made to it. The interests of the people in
the northern part of the State require the pas
sage of this measure, as the present law has
proved to be unsatisfactory.
Mr.. Youche-The most serious objection is
that two thirds remonstrance would defeat a
ditch, though their aggregate amount assess
ment may be only $780, while the aggregate
amount on Inc otner size may De $0, UUU III by
accident all lands are not included in the petit
ton, the petitioners must again pay for serving
notice
Mr.. Campbell of ST. Joseph moved that the bill
be recommitted, with instructions to report the
present law with the provisions in the measure
proposed for appointment by commissioners, and
for service of notice
The bill passed by yeas 80, nays H.
Senator Winters bill to prevent any discrimi-
nation in the service of telephone companies
passed. no one voting against it.
The Senate then adjourned until this morning