The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-27

Bill 80, relative to the construction of free
gravel, stone or macadamized roads. was
called up by Senator Duncan. 1t is sup
Elemental TO the law of 1898. and makes it
Unlawful for the boarG Of commissioners
to pay more than ~ per cent. of the con-
tract price until final estimates have been
filed with the auditor. senator Duncan ex-
planned that after tinal estimates were filed
any taxpayer might file exceptions TO the
ward to the clerk of the Circuit Court.
where it shall stand for trial. After some
further discussion the bill passed.
Senator O'Brien's bill permitting the
State 10 be sued for street assessments in
certain cases, having been made special
order for 1920 O'Clock. il was taken up on
second reading, ana Senator McCord Of
Tered a long amendment providing that if
such liens snail oe found superior IN equity
auditor of state shall appoint appraisers to
determine the value of the property. If its
value be greater than the lien the auditor
IS to bid at any foreclosure suit for the
States protection. IL any suit is instituted
against the State the attorney general is
10 appoint an attorney TO represent the
state. the costs to become part of the costs
of the State in such suit. The amend
ment was adopted and the bill ordered en-
crossed.
Senator Holler. chairman of the prison
[ committee. presented a resolution directing
the assistant secretary to draw a warrant
for 5000 in favor of H. l.. Hutson. for the
expenses of the committee Oh the trip 10
Michigan City. itemized as follows: Michi-
gan Central Railroad. transportation S2S. so;
Monon road, SLIGO; hotel expenses, s23; car
riage, s.. Senator LaFollette inquired if it
was not a fact that the railroads had fur
niShed free transportation? Senator Holler
had no knowledge of any such an arrange
ment. He said the arrangements for the
trip had been made by the chief door
Keeper. II there was any question as to
the bill he had no objections TO it's refer
ence to the committee on claims and ex-
penditures.
VENUE BILL DEFEATED.
Senator Wood called up his bill relative
\ 4n "a, A- -; - -.
specific reasons for changes of venue
shall be set out in the affidavit and that
counter affi1avits may be made by the adj
verse party against the granting of q
change. In urging his bill Senator Wood
said it was a common thing for railroads
and other corporations to take change jof
veiIue in damage suits brought by poor
people.
Senator Drummond was tired of railroad
lines being drawn every time a bill was
UP for discussion. He said she Legislature
could not undertake to rectify every in
equality of the law. He claimed the rail-
roads took advantage of the right to a
change of venue no oftener than in
dividuals. There were other reasons why
he opposed the bill.
Senator Hawkins did not represent rail-
road corporations nor the class of people
who have damage suits. and believed him
self qualified to speak without prejudice.
He did not believe the law should be
changed. Suppose a man had TO go out of
his own county TO sue an influential citi-
zen of another, il was only fair for him
to have the light to take a change of venue
without making IN ffldavit that some one
be influenced by the defendant. In such
cases il was only right and just that the
case should be sent to a county where
neither party was well known.
Senator Alexander hoped the bill would
not pass. He said il was not a question of
railroads, corporations or widow women,
but it is a question of granting too much
discretionary power in the court. He said
the bin defeats the ends of justice so far
as the rights of the parties are concerned
ing in the minority report indefinitely post
poning the bill stood ayes IL. nays IS and
the motion TO reconsider was lost.
Senate bill No.. ?. making il unlawful TO
use for testing the weight of wheat any
meaure other than the standard halt
fixing q penalty for using anything than a
straight stick to level OFF such measures,
was called up by Senator Bobilya. He said
its purpose was TO protect the farmers, the
original producers of wheat. III a straw OF
chip was mixed with wheat tested in the
pound or two pounds less to the .bushel
than If it's weight were tested in a stand
ard half bushel measure; About every
man in the Senate discussed the bill. Sen
knew something about selling. wheat. Sen
ator Shively asked Senator Newly If he
farmed by telephone? Senator Newly in
sisted that he was a bona fde farmer 10
a certain extent. AS passed by a vote OF
~ TO 2 the Dill Is amended SO as not 10
apply to dealers operating under boards OF
1' FISH BItL PASSED.
A bill that was next considered and passed
is of great interest TO anglers and fish deal
ers OF the State. Ii makes ii unlawful for
any person TO offer for sale any fish caught
in any stream of the State excepting Lake
Michigan. the Ohio river and in private
ponds. The bill says:
1T shall not be lawful to take. catch or
kill. or attempt to take. catch or kill. any
fish in any waters OF this State except Lake
Michigan and the Ohio river. and except
also any private pond. by means of any
spear, seine. Doundnet. giilnet, dipnet or
other kind OF net. trap or set line. or to kill
or destroy or attempt to kill or destroy any
fish by means of dynamite or other explo-
sive compounds or substance, or by the use
of Indian cookie. fish bevius or any other
substance which has a tendency TO stupefy
or poison the fish; or 10 take. catch. XIII
or destroy any fish In any manner whatever
except with a hook and line. which line
shall be held in the hand or be adapted
70 a pole or rod which is held in the hand,
and no line shall be used which has to ex-
ceed three hooks attached thereto. The pro-
visions OF this act shall not apply to the
taking of minnows for bait with. a seine
not to exceed twelve feet in length, the
meshes of which seine shall not be less than
three-eighths of an irch.
1T shall be unlawfu for any person or
persons to sell or offer 10 sell any fish taken
lIOUl any Oh Tie NdltIS VI IDlS state SA-
cept Lake Michigan, the Ohio river or a
private pond.
ANY person who shall he found guilty of
violating any of the provisions OF this act
shall be deemed guilty of a misdemeanor
and shall be fined in any sum not less than
s. nor more than 500.
Senator Gilbert replied to a question from
Senator Shea. saying IL was the purpose Of
the bill TO prohibit dealers from depicting
the streams OF the State. He said IL would
make il unlawful for any person TO offer tOr
sale any fish taken from the waters of the
State excepting the Ohio river and Lake
Michigan.
Senator Houghton thought the bill ought
not TO pass as il stood. He thought thai
people who did not have the time or incli-
nation TO go fishing themselves ought not tc
be prohibited from buying.
in his county. all OF which were full of fish
ten years ago. but which have been de-
pleted by professional fishermen.
Senator Nusbaum. who lives in the next
county TO Senator Gilbert, did not under.
stand why the latter wanted TO kill off tho
poor people-unless IL was because Senator
Gilbert belonged TO a fishing club which
had a selfish interest in the subject.
In closing the speechmakirS on the FISH
bill Senator Gilbert said he had seen set,
line fishermen pull whole barrels of fish Of
lines set over night which they took to the
next county TO sell TO people like Senator
Nusbaum. who were too indolent 20 fish
themselves.
on the roll call Senator Bobilya said he
could not vote for the bill so long as Sec.
ton >. prohibiting the sale of fish caught
in the State. remained. Senator'S Holler and
Horner made the same objection. The vote
stood 2S to 90. The Lieutenant Governor
declared the bill had passed. Senator New
by was recognized. lie said he had voted
- A.