The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-02-09

porated town are hereby authorized to levy
and collect an annual special tax for pay
ing said contract price for said water so
furnished, or for paying the purchase price
of said water-works system, OF not TO ex-
coed 80 cents on the one hundred dollars
of the taxable property within such incor-
porated town, 10 be levied and collected as
other corporation taxes are levied and col
lected.''
Mr.. Browns bill on ditch allotments was
passed. 1t provides that where county sur
yeyors failed TO give personal notice or al
lotments for draining and repair OF ditcheS,
they may now give such notice. end II upon
hearing the surveyor determines that the
allotment was just and equitable, it shall
be thus established.
The Senate bill changing somewhat the
terms OF court in Marion county was hand-
ed down and passed under suspension OF the
rules. 1t makes the terms of the Circuit
Court the same as those of the Superior
Court
struction of flood gates in bitches where
necessary was read the third time and
passed without discussion 1t provides;
ditch, which has its outlet in stream or
water course is so situated that the water
from such stream or water course in high
water will back up and though such ditch
and overflow such lands dralred thereby,
before such stream or water course over
flows its banks, 1t shall be the duty OF the
township trustee lin any township where
such bitches and water courses and streams
exist, upon the petition or majority OF the
persons owning lands benefited by said
ditch TO build suitable and sufficient flood
gates at the outlet of such ditch or near
enough thereto to prevent the water from
said stream water course noWlng into
said ditch and from said ditch to the low
lands lying along the line thereof before
IN ine s,p or @ cos1 tpereof abi
not exceed per cent. of the assessed value
of the property benefit d." The remaining
petition, hearing and appeal
Mr.. Linck's bill joining Switzerland and
Jefferson counties in the same judicial cir
cult was passed without discussion.
HIGH-HAT BILL KILLED.
Mr.. Fornshells freak bill for the pur-
pose of prohibiting the wearing of high hats
at theaters was read the third time Mr..
Lambert made a humorous speech declaring
that this bill was likely to cause domestic
war and require explanations by members
at home. Mr.. Littleton thought the bill
ought to pass, and many questions were
fired at him. Mr.. Nell wanted to know
what was to become of the baldheaded
lady in fly time" Mr.. Eichhorn thought
the penalties unnecessarily severe, and Mr..
East regarded the bill as bit of brutality,
as ii had penalty of Imprisonment. Mr..
Reynolds and others thought the bill had
been introduced as joke. The roll was
called and the bill died an unmouned
death by vote of 6S to Il.
Mr.. Harris bill providing penalties for the
mortgage mad been satisfied was passed
after the speaker had declared lost a mo-
ton to adjourn that Was carried by large
for the incorporation OF missionary socie-
ties was passed and goes to the Governor
MIR. Littleton's bill authorizing county
auditors to place seuuestered property upon
the tax duplicates was passed without dis
cussion. 1t provides that: Whenever the
credible information, or if he shall have
reason to believe that any real or personal
property has, from any cause been omitted
in whole or in part, IN the assessment of
any year or number of years, from the as
sessment book from the tax duplicate
he shall proceed to correct the tax duplicate
and add such property thereto. with the
proper valuation, and charge such property
and the owner thereof with the. proper
amount of taxes thereon, TO enable him TO
do which he is invested with ali the powers
of assessors under this act. But before
making such correction or addition, Ii the
person claiming TO own such property or
occupying ii or in possession thereof, re-
sides in the county and is not present, he
shall give such person notice in writing
of his intention to add such property to the
tax duplicate, describing it in general terms
and requiring such person TO appear before
five days after giving such notice, and to
show cause, If any, why such property
should not be added to the tax duplicate:
and If the party so notified does not appear,
or If he appears and fails to show any
good and sufficient cause why such assess
ment shall not be made, the same shall be
made, and the county auditor shall, in all
cases, file in his office statement of the
Facts or evidence on which he made such
cOTFeCllOn. out ne snail IN no case reduce
The amount returned by the assessor. with
out the written consent of the auditor of
state, given OH the statement of facts sub
mitted by the county auditor. When the
county auditor shall discover credible in
| formation or have reason to believe that
real or personal property has from any
| cause been omitted, in whole or in part
from assessment for taxation, or such cred
| ible information shall be lodged with such
| county auditor, it shall be the imperative
| duty of such county auditor TO take the
| steps provided for by this section, to place
| such omitted property on the tax duplicate.
| II such county auditor shall refuse, on the
| discovery by himself, or lodgment with him
| or credible information that property has
| been omitted from taxation, any taxpayer
| of the county in which such refusal occurs
| shall have the right to proceed against
| such auditor in any court of competent
| jurisdiction by mandamus to compel such
auditor TO comply with the provisions of
! this section. In the trial of such a suit the
| question of what constitutes credible in
| formation, as mentioned in this act, shall
| be question of fact TO be determined by
/ the court or jury trying the case, and either
| party shall have the right to demand a Jury
| 10 try such question of fact. If judgment
| shall be rendered to the effect that credible
| information has been discovered by or
! lodged with such county auditor, or that he
| has reason to believe that property has
| been omitted from taxation, it shall then be
| the duty OF such county auditor to forth
with take the steps to place such omitted
| property on the tax duplicate. and such
| county auditor shall be liable for all costs
| OF such mandamus suit and for a reason
| able attorneys fee for plaintiffs attorneys
| which snail be taxed as a part of the costs
/ OF such suit in all cases where judgment
| is rendered against such county auditor "
The House then adjourned