Jasper County Democrat, Volume 11, Number 80, Rensselaer, Jasper County, 13 March 1909 — Page 4
NEW LAWS OF INDIANA
Enacted by the Sixty-Sixth General Assembly.
PRESENTED IN A NUTSHELL
Here Are Set Out In Brief Term* the Measures Enacted by the Late Legislature For the Further Government of the People of Indiana—Most Notable of These Laws Is the One For ■ System of Uniform Accounting In Public Offices and For the Inspection of All Public Accounts.
The sixty-sixth session of the General Assembly of Indiana trimmed legislation down to a closer point than any session of recent years. The number of bills enacted Into law Is more than a hundred less than were enacted two years ago. Not only were there fewer laws enacted, but the great majority of these are brief In expression, hence the forthcoming volume of reports promises to be greatly reduced In bulk in comparison with that of two years ago. While there were more than a thousand bills Introduced, not two hundred of these passed the gauntlet.
Perhaps the most important of the new laws is that providing for a uniform system of accounting in all publio affairs and for the creation of a board of inspection of officers charged with the receipt or disbursement of public- funds. This law is designed to check embezzlements and misappropriations of public moneys. The big fight of the session was over the movement to repeal the local option law having the county as a unit and substituting therefor a law making the township and ward the unit. The repeal movement was defeated. Over the governor’s veto a bill was passed permitting the playing of professional baseball on Sunday. This measure was also the Bubject of a determined fight. The anti-cigarette law enacted two years ago was repealed in so far as it applies to adults. The three-mile gravel road law*, which has been the cause of much complaint throughout the state, was also repealed, as was the law giving the governor the power of appointment of police boards in thirteen of the cities of the state. Under the new law the mayors will control the police boards. This law also provides that city officials may be re-elected. The general appropriations bill passed in the closing hours of the session carried a total of $8,180,378.54 for the expenses of the state for the next two years. The following bills have received the governor’s signature and will become laws upon their formal promulgation :
SENATE BILLS.
The Public Accounting Act. 2. Bland. The merchants' public accounting bill, providing for a uniform system of bookkeeping in public offices where public funds are received and disbursed, and for state inspection. This act creating a department of inspection and supervision of public offices, provides for the appointment by the governor of a state examiner at $4,000 a year, and two deputy examiners at $3,000 a year each, a clerk of said department to be appointed by the state examiner, at a salary of $2,000 a year. The governor, auditor of state and the state examiner shall constitute the state board of accounts and shall install a system of accounting uniform for every public office, all officers to make reports annually in accordance with such syst. in, the substance of such reports to be published in an annual statement of comparative statistics us a public document at state expense. The state examiner shall appoint a sufficient number of “field examiners" to administer the provisions of this act, the same to serve for $lO a day for actual working days, the appointments to be based on competitive examiantions for fitness. All public officers and state institutions shall be subjected to an examination at least once each year, the same to be made without notice, the examiners being authorized to issue subpoenas sor 11 witnesses and to administer oaths. If such examination discloses malfeasance, misfeasance or nonfeasance in office, the attorney general shall prosecute for the recovery of any funds misappropriated. Interference with the examiner in the discharge of his duty shall subject the offender to a Q)ie of from SIOO to SI,OOO and shair forfeit his office. The law also ‘ prorides for the keeping of separate fee and salary books, which shall always be open to public inspection. Provision is also made for the keeping of separate fine books and the prompt report of all fines or forfeitures belong- - tag to the Btate. Warrant officers are 1 also closely hedged about and the proper certification of all warrants insured. Fine or imprisonment is provided against any attempt to bribe or Influence the examiner. The expense of examination is to be met by the
county, township, city, schotd or school city or institution examined. The uniform system of accounting thus provided for Is to be Installed as far as possible at the beginning of the next fiscal year. 238. Cox. Repealing the anti-cigar-ette law and providing penalties for sales of cigarettes or cigarette papers to minors. The bill provides that fqr the first offense of selling cigarettes to minors the seller, upon conviction, shall be fined from $25 to SIOO. The fine upon second conviction, it is provided, shairbe from SIOO to SSOO. The bill contains no emergency dansef, and will not become effective until the' acts of 1909 have been published, the publications are distributed among the county clerks and the proclamation declaring the laws in effect is issued. This will not be before May 1, it is believed.
171. Stotsenburg. Giving right to cities of the third class to haye controller, board of public works and city judge at the option of the city council, making Terre Haute and South Bend citifes of the second class, and Elwood and Jeffersonville cities of the fifth class. 60. Wood. Legalizing acts of county commissioners in making contracts with tax ferrets without specific appropriations by county councils, applicable- only to contracts made prior to 1906, with amendment to provide that it shall not apply to such work in the future. 227. Pelzer. Declaring that any person, firm or corporation issuing insurance contracts or collecting premiums thereon shall be termed a life insurance agent or agency, except when the collectors are banks or trust companies. 129. Royse. To prohibit construction of "spite” fences, providing that all fences maliciously constructed and more than six feet high shall be deemed a nuisance, and may be proceeded against under the law relating to nuisances. 62. Grube. Provides for a naval branch of the state militia, making Culver Military academy a part of the military and naval force of the state so that it may receive contributions from the federal government. 111. McCallum. Amending law which provides that second county bond issue for a specific purpose shall not exceed 5 per cent of the first issue, to make the maximum 10 per cent, applicable to toad building. 244. Harlan. Authorizing colleges and other schools now incorporated as stock companies to reorganize with self-perpetuating boards of control, having particular reference to Butler college. 447. Wood. To correct a defect in the title the Stahl house bill, providing that mutual insurance companies must have $1,000,000 in assured business before being permitted to operate.
166. Fleming. Providing for the increase or decrease in capital stock of any corporation where shares are not j more than SIOO each on vote of three- 1 fourths of the stockholders. 40. Harlan. Providing that vacancies on regular JUry panel shall be filled by the jury commissioners from the regular jury box and not by the court or the bailiff. 64. Clark. Providing allowances for witnesses in criminal cases, summoned from other states, and for the payment of expenses of officers in returning fugitives. 320. Wood. Permitting life insurance companies to write sickness and accident insurance, and giving auditor of,state additional authority over casualty companies. 254. Royse. Empowering Indiana State Normal School to sell Parson’s field, the school’s athletic grounds, to the city of Terre Haute for park purposes. 294. Springer. Reducing the amount of surety bonds which banks accepting public deposits shall furnish -to onehalf the amount for which the banks bid. 440. McDowell. To permit Vincennes to issue bonds to the extent of 2 per cent to build sewers, when a majority of freeholders favor it. 286. Higgins. Providing for sal of property owned by state for use of national guard no longer of value to the national guard. 135. Cox. Requiring an Inventory to be made and creditors given* five days’ notice before bulk sale of merchandise is made. 38. Fleming. To authorize the state board of medical registration to restore physicians’ licenses where revoked for cause. 137. Orube. Compelling city councils in cities of the fifth class to advertise for bids on light, water and heat contracts. 334. Proctor. Permitting railroads In course of construction to connect with street railways and interchange traffic. 54. Pearson. Empowering members of legislature to perform duties of notaries public under certain conditions. 350. Hanna of Hendricks. Appropriating $5,000 to prinfr reports of In* dlana Vicksburg park commission. 199. Wood. Providing 10 to 15 s#r cent reserve for building and loan companies instead of 5 per cent. 273. Beal. Providing for the election of school trustees by the people In Terre Haute. y -, v 98. Wood. Providing for an alumnus on the board of trustees of Purdue university. 230. Long. To legalise the sale of rertain gravel road bonds in Jackson «unty.
194. Kimmei. Providing that children or their parents shall decide when change of attendance from one school corporation to another Is necessary, and providing tuition for transferred pupils Bhall be paid by the district instead of being distributed through the offices of auditor of state and stgte superintendent. 16. McCullough. Repealing metropolitan police law, taking power of appointment of police commissioners from the governor and placing it In the hands of mayors. 67. Stotsenburg. Authorizing toll roads to allow electric lines to use their roads for a right of way, with consent of 75 per cent of the stockholders of such roads. 49. McCullough. Providing that all ballots and tally sheets filed by election boards with county clerks must be kept on file sixty days following election. 214. Royse. Amending charter of St. Mary’s of the Woods academy to enable the school to confer degrees and to own additional real estate. 87. Kistler. Providing school cities may issue bonds to refund indebtedness contracted by civil cities for school purposes. 96. Stotsenburg. Providing that in divorce proceedings the woman may have her name restored without special procedure. 321. Wood. Regulating the methods of extending the field of operations by companies organized to insure boilers.
128. Pearson. Providing that firms or Incorporations shall file with the county clerks the names of the incorporators. 249. McCarty. Authorizing medical department of Indiana university to operate a medical school in Indianapolis. 3. Clark. Amending primary law, requiring that place of precinct organization primaries shall be published. 45. King. Providing for consolidation of two or more cemetery corporations whose grounds are contiguous. 272. McCarty. Giving the auditor of state authority to revoke the license of defaulting life insurance agents. * 133. Bowser. Providing for the election of town trustees and town marshals in incorporated towns. 269. Orndorf. Establishing a free employment bureau in connection with the state bureau of statistics. 140. Parks. To legalize the proceedings of county commissioners in Clark county in a bond sale. 110. Long. Permitting road supervisors to remove roads from beds of streams without a petition. 438. Mattingly. To fix fees of county auditors and recorders in Vigo, Madison and Lake counties. 260. Lambert. Empowering council to appoint park board in cities of the third and fourth class. 342. Wcod. Increasing the limit state board of education may pay for common school text-books. 165“. Fleming. Providing that school trustees may sell bonds for the erection of schoolhouses.
9. Klstler. Limiting period during which taxes shall remain a lien against real estate to ten years. 220. Hawkins. Regulating employment agencies through the state bureau of statistics. 201. Mattingly. Legalizing special elections for highway Improvements and bonds Issued. 239. Cox. To provide for the regu latlon of maternity homes by the board of state charities. 75. Powers. Providing for drainage of land partly within and partly without city limits. 88. Kllng. To legalize the acts of notaries public whose commissions have expired. 391. Stotsenburg. Providing for firemen’s pension funds in cities of the third class. 31. Beal. To require equipment of switch engines with footboards and headlights. 287. Moore. Changing time when truant officer shall begin his duties each year. 218. Klstler. Regulating the building of macadamized roads on town ship lines. 304. Forkner. Providing that cities may convey property to cemetery as soclations. 329. Hawkins. Providing that 25 per cent of taxes may be paid In city warrants. 204. Brady. Appropriating $12,000 to provide for the preservation of battle flags. 116. Bowser. Extending period for hunting wild fowl from April 1 to April 15. 226. Pelzer. Prohibiting fraudulent advertising by life Insurance companies. 7. Higgins. Providing; for the r« funding of taxes wrongfully assessed. 256. Stotsenburg. Protecting pheasants for a period of six years. 188. Higgins. Fixing size of coal mine drill bit at 3% inches. 44. Kistler. Fixing requirements for locomotive h^gflllghts. 234. Patterson. To legalize incorporation of Cedar Grove. 293. Proctor. To provide for ash pans on all locomotives. 34. Bland. Legalizing the incorporation of Newberry. 271. Bowser. Legalizing incorporation of Munster. 375. Orndorf. Legalizing incorporation of Addrews. 104. Hawkins. To legalise incorporation of Pennville. 203. Bowser. To legalise incorporation of New Chicago.
183. Moore. Providing that when automobile approaches from rear drfw er of other Conveyance shall turn to the left to allow it to pass and providing penalty for automobile driver who operates machine while intoxicated. 300, Ranke. Fixing compensation of secretaries of county beardS of health at 3 cents for each inhabitant and of secretaries of city boards of health at 3% cents for each inhabitant 119. Clark. Fixing the minimum and maximum penalties for conviotion for highway robbery at from five to fourteen years 'imprisonment, instead of from two to fourteen years. 221. Fleming. Providing that .mechanics’ lien shall continue valid only one year from time it is filed, provided date when it shall become due is not stated. 195. Kimmei. Providing that statements for tuition from one school'corporation to another shall be sent and allowed by township trustee. 86. Kistler. Providing state treasurer shall accept certificates of deposits from county treasurers in payment for common school fund. 76. Stotsenburg. Providing that in criminal cases the defendant shall be given an opportunity to make the last presentation to the jury. 427. Hanna. Authorizing the state treasurer to require county treasurers to make advance payments of taxes due the state. 43. Kimmei. Changing amotrtftwhich shall be paid for transfer of children from one school corporation to another. 274. Tilderi. Providing for partition of real estate on demand of persons owning interest in fee simple and life estate. 192. Crum packer. To permit county commissioners to lease parts of courthouses for oqpupancy by city officials. 21. Pearson. Providing cities with population ranging from 6,000 to 15,000 may levy special tax for hospitals. 259. Kistler. Providing that all people of townships may use libraries of cities or incorporated towns. 101. Bland Providing that administrators may bring action for damages against mining companies. 382. Lambert. Making compulsory education of all blind children between ages of eight and fourteen. 295. Cox. Reducing the number of members of Indianapolis city council from twenty-one to nine.
HOUSE BILLS.
211. Merriman. Providing that insurance companies organized under the voluntary associations act may put up securities and operate in other states, drawn to permit the physicians’ liability insurance companies to avail themselves of the opportunity extended other companies. 40. Pierson. Providing an appropriation to publish the annual report of the fish and game commission, and that individual members of the legislature shall receive sixty-five Instead of fifty copies, 10,000 copies 6f the book to be printed. 108. Furnas. Prohibiting the display of revolvers, slungshots, knucks and other weapons In show windows. Amended to 'provide that no “yellow back” novels with incendiary or obscene oovers may be displayed. 354. Gauss'. Provides for the incorporation of hospitals not operated for profit An act which enables the Eleanor hospital at Indianapolis to accept an endowment offered on condition that the hospital incorporate. 21. Strickland. Repealing the law requiring the transportation of school children, and providing for the reopening of schoolhouses closed under the consolidation act if a majority of the patrons desire the reopening. 194. Seidensticker. Provides tax levy to throw John Herron Art Institute (Indianapolis) open to school children and for a SIOO,OOO bond issue by the Indianapolis board of school /commissioners. 27*. Klcckner. TO amend the full tw lav 'o lsduce the required number on “light from four to three, dispensing with conductors on light switching trains. 44. McGlnnlß. Stream purification bill. Places power in state board of health to order changes in manufacturing plants to purify offal and prevent stream pollution. 25. Davis. Abolishes Howard superior court, places Tipton county in the Thirty-sixth judicial circuit and Howard in Sixty-second, giving separate circuit to Howard. 3. McGinnis. Mrs. Albion Fellows Bacon’s housing bill, regulating the construction of apartment and tenement houses in Indianapolis and Evansville. ~ 584. Smith. Providing that foreign corporations operating in Indiana shall not mortgage property held in the state while there are outstanding debts. * 240. Seidensticker. Legalizes the act by which inside assessors in In£ianapolls, Evansville and Fort Wayne are paid $3 per day instead of $2. 256. Thornton. Providing that no loan agent shall charge in excess’of 2 per cent per month to wage earners, known as the “loan shark” bill. f | 202. White. Prevents camping or gypsy bands along the highways except by permission of adjoining property owners. 93. Maas. Providing for the return, under penalty, of keys by tenant of property within twenty-four hours after vacation. 173. Gottschalk. To provide* in replevin suits that a man may recover ralue of property instead of property Itself.
26. Culbertson. Amends charter ol '“Hanover college, giving them right to increase the board of trustees to thin ty-two and not less than seventeen, and increasing the endowment fund from $300,000 to $500,000. 640. Talbott. Enables fraternal or ganizations to incorporate for the pur pose of acquiring and maintaining benevolent institutions, particularly for orphans or dependent members. 236. Faulkner. Appropriating $65,000 for the 1 construction of a hospital for the Insane in connection with the state prison and providing for inquests upon criminals. 639. Haggard. To correct error in title of former bill to Increase monthly per capita maintenance at State Soldiers’ home from $12.50 to sl6. 398. Smith. To give electric railroads the right to lease equipment, allowing interurban companies same privilege railway companies. 396. Strickland. To enable boards of county commissioners to appropriate expenses of delegates to meetings of the state board of charities. Enrolled Act . 338 (session 1907-09, vetoed by Governor Hanly). Amending Section 114 of an act of 1895 relating to fees and salaries.
356. Seidensticker. Provides that Indianapolis police judge shall receive $3,500 a year, instead of $2,500, and shall hold court all day, 205. Furnas. To provide that enforcement of fire escape laws shall be in hands of local authorities Instead of state, factory inspector. 298. Seidensticker. The Indianapolis park bill, authorizing the expenditure of $1,258,000 in ten years on park and boulevard system. 317. Hewig. Fixing salaries of county treasurers acting as ex officio city treasurers In cities of the first, second and third classes. 401. Racey. Regulating plugging of gas and oil wells, to prevent the mingling of gas or oil with surface water sources. 310. Sweeney. Fixing time for holding wcourt in Harrison, Crawford and Perry counties, lessening time between courts. 374. Elliott. Providing public playgrounds for children in cities, by request of the Indianapolis Playgrounds association. 507. Thornton. To legalize acts of the commissioners of Floyd county in issuing orders to cover deficiency In funds. 32. Grieger. Providing for transfer of $6,000 now to the credit of the Indiana girls’ school to the general fund. 179. Wagner. Provides that boards of school trustees may make second levy for repair of school buildings.
344. Strickland. Reduces fees for the inspection of commercial foodstuffs from 50 to 40 cents per ton. 352. Zearing. Providing three additional humane officers for Indianapolis with rank of police sergeant 157. Stahl. Providing that agents of life insurance companies shall 'be licensed by the auditor of state. 634. Smith. Decreasing the tax levy from 3 cents to 1% cents for the state sinking fund for 1910-1911. 144. Behymer. Making the state entomologist state Inspector of apiaries, and appropriating $15,000. 201. Talbottt. To prevent forced flow of mineral waters of the state. In Interest of French Lick. 266. Culbertson, ’i’o change the time limit on township school bonds from five to fifteen years. 449. Strickland. To permit theater companies to incorporate under the voluntary associations act 492. Zearing. To require medical inspection of all persons In all schools In the city of Indianapolis. 353. Seidensticker. Reduoing band of sinking fund commissions when provided by a surety company. 455. Gauss. To legalize salaries of plat book deputies in the office of auditor of Marion county. 246. Grieger. To provide for renewing convict labor contracts at the state prison in 1910. 114. Mitchell. To legalize act of county commissioners made under five-mile road law. 39. Beaver. Providing for charge of 10 cents extra when fare is paid by cash on train. 123. Wells. Making rebates in life insurance illegal and fixing a penalty for violation. 452. Bassett. Authorizing organization of four negro companies of national guard. 356. Seidensticker. To prohibit judges in cities of first-class from practicing law. 59. Brown. Drainage bond issue applying to White, Benton and Jasper counties. 220. McKennan. To extend the open season on ducks from April 15 to May 15. 625. Garrard. General appropriation bill, carrying a total of $8,180,378.54. 205. Furnas. Placing regulation of fire escapes in hands of local authorities. 114. . Mitchell. Legalizing act of county council under five-mile road law. 86. Faulknor. To clear title to Michigan road lands In Laporte county. 379. Hoy. Requiring emergency surgical cases on ail railroad trains. 189. Babcock. Appropriating SI,OOO for Wallace monument commission. 1. Strickland. Appropriating $115,000 to defray expenses of session. 167. Schreeder. Appropriating $15,000 for monument at Antletapi. 2. Strickland. Legalizing a road bond issue In Hancock county.
69V. Hewig. Legalizing the acts ol county treasurers in collecting delinquent taxes in cities outside the first class and establishing a 50-cent demand fee. 284. Racey. To allow engineer In county’s employment to let levee contracts on one-mile sections, but to give one contractor as many sections as advisable. 345. Wickey. Providing for reimbursing stock owners when stock is killed on order of state veterinarian, and for testing of cattle brought into state. 342. Mendenhall. To repeal the three-mile road law and to provide for construction of free gravel roads by election. 227. Strickland. To have number of copies of annual state reports ol state offices determined by the state printing board. 347. Faulkner. Providing relief for township trustees in Jackson county who lost money in the Brownstown bank failure. /
249. Schreeder. To transfer S6OO from Andersonville monument fund to expense fund of commissioners. 677. Mitchell. To provide for Insertion of legal notices in weekly papers where there is no daily. 335. Maish. To increase appropriation for agricultural experiment station from $25,000 to $76,000. 248. Hewig. Providing that city councils may make municipal pay days more frequent than monthly. 320. Merriman. (Request.) To insure sanitary condition of Jails. (State board of charities measure.) 442. Smith. To permit commissioners to issue bonds for damage of land without two-thirds petition. 352. Zearing. Three additional humane officers tor Indianapolis with rank of sergeant of police. 346. Faulkner. For relief of Jackson county officers who lost money in Brownstown bank failure. 281. Strickland. To require police court records to be kept as complete as circuit court records. 353. Zearing. Reducing bond of slhking fund commissioners when provided by surety company. 361. Harriß. To' legalise outstanding warrants in Washington townßhip, Marion county. 355. Beaver. To require singing of entire "Star Spangled Banner” in public schools. 460. Furnas. To provide for notifying reformatories when sentence is suspended. 300. Zearing. Authorizing county commissioners to block county roads. 436. Thornton. Regulating street improvements and assessments. 152. Joy. To give owners of stallions longer liens on mares. 370. Tomlinson. To give Indiana Girls’ School a parole board. 323. Haucb. Extending time for filing motion for new trial. 327. Wells. To clear title to Indian lands in Allen county. 528. Pierson. To regulate inspection of grain cars. 630. Smith. Amendment to depository law.
CONCURRENT RESOLUTIONS
House No. 3. Merriman. Memorializing congress to provide for an amendment to the federal constitution to provide for the election of United States senators by direct vote of the people. Adopted, 77 to 1. Senate No. 2. Stotsenburg. To amend constitution and provide for qualifications of lawyers. The proposed amendment is to be submitted to the voters of the state at the next general election. v Senate No. 2. Kistler. Directing that 1,500 copies of Governor Marshall’s message be printed for use of members.
VETOED BY GOVERNOR.
H. B. -614. H&uck. Providing that manufacturers’ mutual insurance companies must have 61,000,000 worth of insurance before being allowed to incorporate. This bill was also vetoed as No. 101. Found defective technically. ' H. B. 101. Stahrt. Provides for incorporation of insurance companies. Found defective in title and returned to house. H. B. 614, introduced to correst, was passed under suspension of rules. S. B. 317. Stotsenburg. To enable a person convicted of a felony not punishable by death to give bond and obtain release pending decision on appeal to higher court. H. B. 179. Wagner. Providing that boards of trustees may use a 2-cent levy to raise funds for school repairs and construction. Found defective technically. H. B. 563. Smith. To correct title in mechanics’ lien law. Vetoed because of conflicting with senate bill covering same point S. B. 816. Royse. (By request.) Limited the Utme after which disbarment proceedings may be brought to three years. S. B. 369. Bowser. Authorizing the commissioners of Porter county to borrow money to meet unusual obligations. H. 8.,78. Brolley. Legalizing Sunday baseball between the hours of 1 and 6 p. m. I Linton, Gary, Hammond and Clay county court bills.
PASSED OVER VETO.
H. B. 76- Brolley. Legalising Sunday baseball between the hours of 1 and 6p. m. *' -
