Jasper County Democrat, Volume 5, Number 49, Rensselaer, Jasper County, 14 March 1903 — INDIANA’S NEW LAWS. [ARTICLE]

INDIANA’S NEW LAWS.

Digest of the Legislation Enacted by the Sixty-third General Assembly.

THE following is a digest and explanation of the more important new laws passed by the Sixtythird General Assembly. Their effect upon citizens and property of the State is briefly but very clearly set forth: Anatomical Board. House bill No. 100 undertakes to prevent grave robbery by providing a way in which subjects for dissection may be lawfully procured. At the same time it imposes a penalty of from three to ten years in the State prison upon any person who shall unlawfully disturb of remove a dead body, or sell, buy, receive or transmit to any place outside the State, any dead body which he knows bus been unlawfully taken from a grave or vault, or otherwise obtained by unlawful means. The act creates a State anatomical board, to consist of the president of the State Board of Health and one representative from each medical and dental school in the State. All dead bodies not claimed by relatives or legal representative* (except where death resulted from contagious diseases), being in possession of any public officer, in connection with and incident to his duties' as a representative of the public, or of any public charitable, benevolent or penal institution, and subject to burial at public expense, are to be reported to this bogrd within twenty-four hours. A full record of all bodies shall be at all times subject to inspection by the anatomical hoard and by the prosecuting attorneys of the several counties in the State. Any dead body unlawfully taken, and found in any school or college, shall be presumed to be in possession of the demonstrator of anatomy. The various colleges of the State enjoying the benefits of these provisions shall pay proportionate shares of the expenses of the anatomical board before receiving the subjects assigned to them. Violation of or failure to perform any duties enjoined by this act is puuishable by a fine of from §IOO to SSOO. and Imprisonment for not more than one year. All laws "within the purview of this act” arc repealed. The act took effect Feb. 25. Appropriations, House bill No. 1 appropriates $115,000 to defray the expenses of this session Of the Legislature and took affect Jan. 10. Senate bill No. 1 appropriated SI,OOO for the purchase of the sword that was presented to Rear Admiral Taylor on Washington’s birthday as a "testimonial of appreciation of that officer’s distinguished services ns commander of the United States battleship Indiana in the engagement off Santiago harbor, July 8, 1808,” and created a commission to buy the sword and have charge of the presentation ceremonies. Senate bill No. 16 appropriates $2,000 for the purpose of purchasing and erecting a monument over the graves of the pioneer heroes massacred at the "Pigeon Roost defeat,” and provides for a commission with power to accept donations of Additional money, to buy and erect the monument. House bill No. 124 renppropriates an unexpended balance of $22,929.68 from the $25,000 appropriation for locating and marking by proper monuments the positions of Indiana regiments at the battle of Shiloh, and also appropriates an additional $1,500 to be expended by the Shiloh Park Commission.

Bridges. Senate bill No. 73 provides for the erection, repair or purchase of bridges across streams forming the county line between two or more counties, by concurrent action of the boards of commissioners of the several counties. When one county board shall adopt a resolution of willingness to aid in such a work, and give notice to the commissioners of other counties affected, if the latter also declare a like willingness, the work shall be carried out by action of all the commissioners of the several counties in joint session, the auditor of the county which took the initiative serving ns clerk of the joint board. If the other counties refuse 11 to join, the county taking the initiative may proceed to erect or repair such bridge at its own cost, upon obtaining the consent of the adjoining land owners on the other side of the stream. If any county, having entered into a joint undertaking to erect or repair such bridge, refuses to proceed, the commissioners of the other county may proceed to finish the same, and collect by suit the proportion of its cost which the delinquent county originally undertook to p«y. Bn tidings— Floor*. House bill No. 13.1 enacts thnt no person, firm or corporation, erecting a building three stories or more in hcigiit shall begin erecting the third or any higher story until “a floor or protection lias been put down” for the story immediately below. Boats. Senate bill No. 86 requires all persons owning or operating steamboats and naphtha nnd gas launches to have the boilers, engines and machinery inspected each year, not later than May 15, by some competent inspector and engineer holding a certificate of competency from some reputable technical school or institute, or If n person so qualified can not he had, liy some reputable engineer or machinist, the inspector in either case holding a certificate of authority from the State factory inspector. Corporations. House bill No. 148 amends section 6051, Burns’ R. 8., by separating tire kinds of eorporutious which may be formed under the manufacturing and mining companies’ act into five classes, and expressly states that the object of the promotion of the company ns specified in its articles "may luclude any or all of the included in any one of the * * * sulslmslons of this section,” which are as follows: (a) Any kind cf manufacturing, mining, mechanical or chemical business or to furnish motive power to conduct such business; (b) to supply any city, town, Tillage or community with water, light, heat or power; (c) to own, construct, operate and mainlain stockyards and transit companies end conduct and transact the busluesa

incident thereto; (d) to own, construct, maintain and operate grain elevators and transact the business incident thereto; (e) to buy and sell any kind or kinds of merchandise in connection with the manufacture of such merchandise and for the sale of such merchandise when manufactured. The articles are required to name the “city or town in which its 'principal place of business is to be located”' instead of the “town and county in which its operations are to be carried on.” Articles of incorporation heretofore filed "wherein tlie object of the company has been stated as embracing any or all of the purposes in any one of the abora named subdivisions” are legalized. Divorce. . Senate bill No. 229 provides for a judicial separation of husband and wife for a limited time, during which it shall be unlawful for the parties, to live together and their rights to property and the custody of children shall he determined by decree of the court the same as in case of an absolute divorce. Five reasons are declared sufficient ground for such a separation, as fallows: Adultery, if it is not the result of connivance or Consent of the parties, and plaintiff is not guilty of the same offense; desertion, or, where the wife is plaintiff, neglect or refusal to suitably provide for her, covering a period of six months; habitual cruelty of one Pitrty toward the other or such constant strife as renders their living together intolerable; habitual drunkenness of either party or the confirmed excessive use of mj>rphiue, eocaine or any other drug; gross and wanton neglect of conjugal duty of either party, covering a period of six months. Upon decreeing a temporary separation the court may grant alimony and make such further decrees ns it may deem just

and expinlient concerning the estate and maintenance of the parties or either of them. It may. decree thut the guilty party shall temporarily forfeit all right to participate in the property and income of the other, and even authorize the sale of property belonging to one without the other joining in the conveyance, but tbe latter shall still have like rights, as if such property had been sold on execution against tbe former The court may mako such provisions with regard to the custody, care and maintenance of children "as justice and expediency require.” This law docs not repeal nor affect existing laws ns to granting absolute divorces, and obtaining a temporary separation is no bar to outoring a suit for absolute divorce by either party. The practice in such actions Is the same as in divorce suits, and the sa.me length of residence and proof thereof are required. Senate bill No. 121 gives the judge of any Circuit or Superior Court power, upon granting a divorce, to decreo that minor children of tho parties tinder the age of sixteen years, shall be taken from them and placed In tho orphans’ home of the county where the divorce suit originated, whenever in his judgment such parents are financially unable or are otherwise unfit, for any reason, to hare tho care, custody and education of their children. Drainage. Senate bill No. 49 amends section 721(1 Burn#, relating to the assessment of Len-

•‘fits and damages for the construction oif levee sand dikes for reclaiming wet or overflowed lands. A provision is inserted that the appraisers shall first determine whether the proposed work will he of public convenience or welfare, or will benefit the public health or any public road, and in case they find it will not, to teport tliaf fact to the Board of Commissioners, which appointed them. Upon receipt of such a report the auditor shall appoint a hearing when the board shall hear evidence and decide whether or not the proposed work will be of public utility. An adverse decision defeats the proceeding, hut if the appraisers or the board upon a hearing, shall decide that the work is of public utility, the damages and benefits shall be assessed. A provision is inserted that the appraisers shall “examine all public and corporate roads by them believed to be benefited and shall assess to the county * * * or to -the corporation if it is a corporate road or a railroad, the amount of such benefits,.” Senate bill No. 120 requires land owners along the course of any small streams not navigable and not more than seventyfive feet wide to clean out obstructions nnd drifts front the channel during the first half of August, each year. Owners on opposite tides of tlie stream must unite to clear the channel. Upon the land owner’s failure or refusal to remove it. any other land owner within a mile of the drift or other obstruction may complain on oath, whereupon the county surveyor shall examine the stream, nnd if he finds the complaint well founded, may notify the land owner to clear the channel within twenty days. If his notice is not complied with, the surveyor may Have the necessary work done at the expense of the delinquent land owners, which shall be a lien on his_lan»JL Senate hill No. 19 requires tire township trustee, upon petition of the owner* of low land affected, to build floodgate*, by which any large stream may lx; prevented from backing up a ditch flowing into it, and thereby overflowing the low lands which the ditch is intended to drain before it is high enough to overflow its hanks. The cost of such floodgates is limited to not more than 5 per emit of the assessed value of the property benefited. Education. Senate bill No. 33 provides for tb*

transfer for educational purposes of children who are sent away to private custodial institutions or orphans’ homes, so that they may be educated in the public schools ntnr such institution ut the expense of the school corporation in which they have a legal settlement. It requires the school officers of any township, town or city from which such a child Is taken to give it a certificate of legal transfer to tho township, town or city where the orphans’ home is located, and to pay Its tuition at the actual cost per capita of the schools in the new locatiou not exceeding $1.50 per month, subject, however, to the right of the several school corporations to agree on a less rnte. If any rohool officers refuse to transfer a child and pay its tuition, or any dispute arises between the different corporations, an appeal lies to the county superintendent and from him to the Stnte superintendent of schools. The act does not apply where children are sent to charitable institutions supported by the State. Embezzlement. House bill No. 30 amends section 2022, Hums It. 8., relating to the crime of embezzlement by officers, agents, attorneys, clerks, servants and employes by adding this proviso: “That where the money, coin, bills, notes, credits, choses in action or other property * * * appropriated in of the value of $2T> or less, such punishment (upon conviction for embexslement) may be, within the discretion es the judge or jury, imprisonment In tbs

county jail for a period not to exceed one year and a fine not exceeding SSOO. Insurance. Senate bill No. 148 amend* three sections of Acts 1899, page 30, providing for the incorporation of life insurance companies. Section 10 adds to the provision that the value of all policies in force shall be estimated according to the American experience tables of mortality or the combined experience table of mortality tire words, “as ndopted by the company, and should any such company issue any policies based upon a higher standard than the above, such policies shall be valued according to such higher standard.” It modifies the law requiring the deposit of securities, which, together with those prevoiusly deposited with the Auditor of State, will equal the valuation of all policies in force, by inserting a provision that “such sum* as may be deposited by said company with other States or governments in which said company is doing business” shall be counted ns part of the security already given in determining how much more shall be deposited. It also adds to tire class of securities which may be deposited "satisfactory evidences of ownership of unincumbered real estate, as may be lawfully acquired by tire company under the provisions of this act, at such value as may be determined upon by , two disinterested appraisers,” enc., and forbids the sale of such real estate until other securities of equal value are deposited in lieu thereof. Explicit directions are added for ascertaining the cash value of policies and the reserve or policy liability. * House bill No. 177 requires foreign insurance companies to file their annual statements with tire State Auditor during the month of January, a copy of which in* is to publish in each of the two newspapers having the largest general cireulation in the State. A license shall thereupon be issued to each agent of ill" company in the State, and further licenses, good only for the remainder of the year, may be taken out for other agents. - Lodges. Senate bill No. 6 amends two sections of Acts 1899, page 177. relating to the regulation and incorporation of fraternal beneficiary associations. The first section is amended by inserting the words "and every such association shall be deemed and held to lie a charitable institution” in connection with the grant of power to <TeTit r \ nutirmun, disburse and apply a reserve or emergency fund. Section 13 is amended by adding to' the provision that relief paid, or any certificate for 1-enefits, jshall not be liable to seizure for the beneficiary’s debts the further provision that “tire buildings and other property used by said association in carrying on its business, nnd all dues, assessments and other payments and the accumulations thereof, held and possessed by said association, for the payment of death, sick or disability benefits, and the reserve emergency nnd other mortuary funds of said association shall he exempt from taxation for State, county and municipal purposes,” such exemption being limited, however, as to real estate to such as is occupied exclusively by the association in carrying on its business. This act took effect Feb. 6. Natural Ga*—Pumping. House bill No. 329 amends section 7507, Burns, which forbids the transportation of natural gas at a higher pressure than 300 pounds per square inch, by omitting the clause, “nor otherwise than by- the natural pressure of the gas flowing from the wells,” and repeals section 7508, by which the pumping of gas was expressly prohibited, thus legalizing the pumping of gas through mains. A proviso is added “that the provisions of this act shall not affect costs in any pending litigation.” This act took effect Feb. 27.

Prisons. Senate bill No. 108 amends section 3 of the Indiana Reformatory act so as to empower the Governor to remove any member of the board of managers “for cause, upon written statement made after an opportunity for a hearing is given, if demanded,” nnd makes the action of the Governor in the premises final. The old law provides “that the Governor may remove any of the managers for misconduct or neglect of duty, after an opportunity to be heard upon written charges.” Internrban Railroads. House bill No. 229 amends three sections of the interurban street railroad law (Acts 1901, page 461). Section 1 is amended so as to require the “consent of the authorities of the proper county, town or any city” to the manner in which an intersection with a stream, water course, road, highway, railroad or canal is made by a street railway on any street, road or highway. It also directly authorizes the operation of such roods "between and connecting the towns and cities, or any of them named in its articles of association or there of its constituent companies.” Towns and cities are given express power to regulate fares within their limits "as a condition to the grant of the right to operate therein.” Two additional clauses are added granting power to make such changes in route and grades as may be resolved upon by the directors or commanded by the couuty commissioners, nnd to condemn property for that purpose. House bill No. 179 authorizes any street or interurban railroad company of this State to condemn a right of way across any stcßin railroad at grade. The new company may fix the point at which it will cross, subject to the right of the other company, within ten days, to have ita objections to the particular point selected heard by the Circuit Court or judge thereof, who shall have authority to order a grade crossing at any other point where the cost of crossing will not lie materially increased. Damages are to lie assessed by commissioners in favor of the company whore road Is crossed, subject to an appeal to the Circuit Court. Any crossing of the tracks of a street or interurban railroad nnd a railroad heretofore or hereafter constructed at grade outside a city or town corporation may be changed to an under or overhead crossing by agreement of the companies, or, if they cannot agree, by either company through an appeal to the Circuit or Superior Court, unless the judge finds that such a crossing Is not practicable. Overworking Employes. House bill No. 187 enacts that it shall Ire unlawful for any superintendent, train dispatcher, ynrdmnster, foreman or other railway official to permit, exact, demand or require any engineer, fireman, conductor, brakeman, switchman or other employe engaged iu the movement of t>assetiger or freight trains, or in switching service In ysrds or railway stations, to remain on duty more than sixteen coosectillve hours, uuless in case of accident.

wreck or other unavoidable cause, without at least eight hours’ rest and relief from all duty whatever. Taxation. House bill No. 130 amends section 8 so ns to change the date with reference to which personal property is listed to March 1, instead of April 1, and to require the listing to be done during March, April and the first half of May, instead of during April and May. Section 9 is made to provide thnt one who becomes the owner of any kind of property on March first shall pay taxes on it. Section 10 is changed with reference to taxing estates »o ns to make it refer to March first, instead of April first, and section 20, in like manner, with reference to the property of persons removing into a township, town or city from another place, either within or without this State, during the time for assessing property, tire new period for such assessment being substituted for the bid. Section 89, with reference to the tim* and manner of taxing building associations, is not changed. Section 90 la made to provide for the election of township assessors in November to take office the first of January following. Section 151 is made to require the treasurer to receive taxes up to tire first Monday of May, nnd section 153 to extend tire time for making out a list of delinquents to the same date so as to correspond with section 152, as previously amended. Section 226 is made to extend the time for, settlement between the auditor and treasurer to the same date.' Section 92 is amended so as to permit the payment of township assessors and their deputies for seventy-five days instead of sixty days, as formerly. Section 114 changes the time of meeting of the county board of review to tire first Monday in June instead of the third Monday. <? Section 112 is amended by leaving out the restriction upon re-election of county assessors, the former law having forbidden such an officer to serve more- than eight years out of any twelve years. The act of 1895, which limited the number of days for which a county assessor could recover pay in any one year was also repealed, leaving the county free to pay $3 per day for ns many days as the assessor may give to his duties. A section is added changing the time with reference to which telephone, express, sleeping car and pipeline companies must make their returns for taxation to the first of March.

Health Rules—Quarantine. House bill No. 7 requires, under penalty. that all coutagious and infectious diseases shall be immediately reported to the public authorities. Any physician called to attend a :.iek person shall, upon discovering that the disease is infectious or contagious, “immediately report the facts to the secretary of the board of health having jurisdiction.” Any person having reason to believe that any member of his family or boarder, roomer or visitor in his house has “either smallpox, diphtheria, membranous croup, scarlet fever, measles or any other communicable disease listed in tire rules of the SLato Board of Health,” and that no physician is in attendance, shall immediately, upon discovery of tire fact, give notice either in person or by letter to the local health officer. The latter “shall immediately, in person or by deputy, quarantine the infected house, rooms or premises, so as effectually to isolate the case or cases, and the family, if necessary, in such manner and for such time as may lie necessary to prevent transmission of the disease.” Failure to comply with the rules as to establishing, enforcing and observing quarantine is punishable by a fine of from $lO to SSO, to which may be added imprisonment in jail not exceeding six months. Infected premises shall lx' released from quarantine only upon the recovery or death (or removal) of the infected person and a thorough disinfection of such premises by the health officer. Children infected with any communicable disease must he kept at home by their parents or guardians, and all teachers of public, -private and parochial schools must exclude them and all other* who have been exposed unless the health officers having jurisdiction shall give them a written permit to attend. Express power is given any State, county or local Board of Health to remove contagious cases from “any hotel, boarding house, boarding school, or other building of like character, tenement or apartment house, to a proper place designated by such board, and also to remove, and if necessary, destroy, all tilings believed to be so infected that they would spread the disease." Articles destroyed are to be paid for at their "actual cash value” from the general fuuds of the town, city or county which the Board of Health represents. Examination and determination by “two physicians in good standing and practice that such person is sick with a contagious, infectious or pestilential disease,” must precede the removal of a patient. “In all cases of death from cholera, bubonic plagtti, leprosy, typhus fever, yellow fever, smallpox, diphtheria, membranous croup, scarlet fever and cerebro-spinal meningitis, the funeral shall he strictly private, and the burial shall be made within twentyfour hours after death. “No public or church funeral shall be held or any person permitted to enter the house containing the remains, excepting the undertaker and his assistants, unless by permission of the health officer, and the buried remains shall not Ire disinterred or removed without permission from the State Board of Health.” Infected car* and public conveyance* may be disinfected by the health officers at tha expense of the company operating them, “at such times and places as not to interfere with the general traffic of the road,” and all trolley, electric nnd steam railroads running through n quarantined city, town or region must obey the quarantine orders of the State Board of Health as to receiving and carrying passengers. Hospital*—County. House bill No. 379 authorizes the establishing of county hospitals throughout the State. The board of commissioners may buy ground, erect buildings, accept private donations and do all things necessary to establish, equip and maintain such a hospital, provided that they can not purchase real estate worth more than SI,OOO without first getting the consent of the County Council. House bill No. 821 empowers tb* boards of trustees of each of the several hospitals tot the insane, after first procuring thtt consent of the Governor, “to fix, nt their discretion, the amount of compensation of the several superintendents of said hoapitals, respectivelyt” All conflicting laws are repealed, but the net will only take effect after publication.