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court in Putnam County, which shall last seven weeks, and on the next Monday after said last named term of court in Putnam county there shall begin a term of court in Owen County which shall last four weeks. And on the next Monday after said last named term of court in Owen County there shall begin a term of court in Putnam County which shall last five weeks. And immediately upon the taking effect of this act a judge shall be appointed by the governor of this state for the 59th judicial circuit as constituted by this act.

And that when so amended the said bill do pass.

MR. SPEAKER:

MINORITY REPORT.

A minority of your Committee on Organization of Courts, to which was referred Engrossed Senate Bill No. 25, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be indefinitely postponed.

MITCHELL.
MILLER.

The question being, Shall the minority report be substituted for the majority report?

The question was not adopted and the minority report was not substituted for the majority report.

The question recurring on the adoption of the majority report.

The majority report was adopted.

The bill was ordered to third reading.

The Speaker handed down House Bill No. 235, together with the following report:

MR. SPEAKER:

Your Committee on Affairs of the State Prison, to which was referred House Bill No. 235, has had the same under

consideration and begs leave to report the same back to the House with the recommendation that said bill do pass.

FAULKNOR, Chairman.

Mr. Grieger offered the following amendment:

MR. SPEAKER:

I move to amend House Bill No. 235 by the insertion of Section 161⁄2 as follows:

Sec. 16. After the passage of this act, if upon the trial of any male person accused of a felony the defense of insanity is interposed whether upon a special plea or a general plea of not guilty, the court or jury trying said cause shall make a finding, both as to the sanity of said defendant at the time so claimed and as to whether he committed the act as charged. And if it shall be found in favor of said. defendant on such plea of insanity but against him as to the commission of the act as charged, he shall upon order of the court be committed to and confined in the Indiana Colony for Insane Criminals, in like manner and on such conditions and for such term as is now provided for by law for the confinement of insane criminal in a state hospital for the insane.

Which amendment was adopted.

Mr. Gifford offered the following amendment:

MR. SPEAKER:

I move to amend Sec. 6, line 4, after the word "least, insert the word "two" in lieu thereof.

Mr. Grieger moved to lay the amendment on the table. Which motion was carried and the amendment was laid upon the table.

The bill was ordered engrossed.

The Speaker handed down House Bill No. 218, together with the report of the committee:

[32-19977]

MR. SPEAKER:

Your Committee on Rights and Privileges, to which was referred House Bill No. 218, has had the same under consideration and begs leave to report the same back to the House with the recommendation that when amended as follows it do pass:

Strike out all after the enacting clause and insert therein the following:

An act concerning weighing scales.

Section 1. Be it enacted by the General Assembly of the State of Indiana, That all scales, whether public or private, used in this state for the purpose of weighing live stock, grain, goods or other commodities, shall be so constructed that the weigher and the scale-arm or indicator and the weights thereon shall at all times when in use for weighing purposes be in full view of the owner or other person in charge of such property so being weighed thereon; and all such scales shall at the request of the owner or other person in charge of such property be tested before weighing the same by the use of a standard United States tester of 50 pound weight by first balancing the scales and then placing said tester on each corner of the platform of such scales in succession and registering the weight recorded by such tester on each of said corners; and when said load is on such scale and the correct weight thereof taken, then an additional test shall be taken in like manner as before to determine whether or not such scale weighs correctly when loaded; and in case such scales, when so tested do not weigh correctly they shall not be again used for weighing purposes until they have been corrected and shall have been found by the same process of testing hereinbefore described to register a correct weight according to said tests. At every such scale so used as aforesaid there shall be kept one approved United States tester of 50 pound weight for the purpose stated in this act.

Section 2. Any person, whether he be the owner, agent, tenant, lessee, or employe, or in whatever manner he may

be in charge of such scales, who shall violate any of the provisions of this act shall upon conviction be fined not less than $25 nor more than $100.

Bill was read a second time.

ASKREN, Chairman.

Report of committee concurred in and bill ordered engrossed.

The Speaker handed down House Bill No. 340, together with the report of the committee:

MR. SPEAKER:

Your Committee on Cities and Towns, to which was referred House Bill No. 340, has had the same under consideration and begs leave to report the same back to the House with the recommendation that it do pass.

THORNTON, Chairman.

Mr. King moved to recommit the bill to the Committee on Natural Resources.

Mr. Thornton moved to lay the motion on the table.

Which motion was carried and the motion was laid on the table.

Mr. Grieger moved that the bill be indefinitely postponed.

Mr. Grieger and Mr. King demanded the ayes and noes. The Speaker ordered the roll of the House to be called. Those voting in the affirmative were:

Messrs. Babcock, Banta, Brown, Carter, Coble, Connelly, Cowing, Culbertson, Elliott, Eschbach, Faris, Fitch, Furnas, Gardner, Gemmill, Grieger, Haggard, Hewig, Jay, Kessler, King, Kliver, Maddox, Maish, Meek, Mendenhall, Miller, Plummer, Racey, Ratliff, Sicks, Stewart, Switzer, Talbott, Wasmuth, Watson, Wickey, White, Wider, Williams. Total, 40.

Those voting in the negative were:

Messrs. Askren, Bassett, Beaver, Behymer, Brolley, Buennagel, Chrisney, Clore, Coahran, Davis, Demberger, Douglass, Durham, Foor, Galbraith, Garrard, Gauss, Gifford, Gottschalk, Harris, Hauck, Hay, Hill, Hostetter, Kayser, McGinnis, McKennan, Maas, Madigan, Merriman, Mitchell, Moss, Mugg, Murphy, Pierson, Rentschler, Rodibaugh, Roggen, Seidensticker, Shirley, Smith, Stahl, Stevens, Stephens, Strickland, Sunkel, Sweeney, Thornton, Tomlinson, Wagner, Wells, Wise, Zearing. Total, 53.

So the motion was lost and the bill was not indefinitely postponed.

The bill was ordered engrossed.

The Speaker handed down Engrossed House Bill No. 101, which was read a third time.

The question being, Shall the bill pass?

Mr. Maish offered the following motion: MR. SPEAKER:

I move that House Bill No. 101 be referred to a committee of one, its author, with specific instructions to amend as follows: By inserting in Section 3, line 6, after the word "state" the following: The provisions of this act are construed to in nowise affect farmers' mutual insurance companies doing business in this state or the organization of farmers' mutual insurance companies hereafter organized.

Mr. Sweeney moved that the bill be indefinitely postponed.

Which motion was carried and the bill was indefinitely postponed.

The Speaker handed down Engrossed House Bill No. 240, which was read a third time.

The question being, Shall the bill pass?

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