IN SENATE.
MONDAY, December 20, 1858.The Journal of Saturday was read and corrected.
TRUSTEE OF THE WABASH AND ERIE CANAL.
Mr. TURNER offered the following, which was adopted by consent :
Resolved, That the Committee on Canals and Internal Improvements be instructed to inquire into the expediency of reducing the salary of the Trustee of the Wabash and Erie Canal, and report by bill or otherwise.
SWAMP LANDS.
Mr. BEESON offered the following:
Resolved, That the Auditor of State be requested, at as early a day as possible after the commencement of the next Legislature, to inform the Senate what amount has been paid out in the last four years (and to whom paid) for draining swamp lands; what number of acres, to whom sold, and at what price per acre; what number of certificates and patents have been issued for the same, and to whom issued.
Mr. GOODING proposed to amend by adding, "and how much money received thereon."
page: 161[View Page 161]Mr. BEESON accepted the amendment.
The resolution, as amended, was adopted by consent.
BOARD OF ELECTIONS.
The bill (H. R. 62) for the punishment of officers of elections for refusing or neglecting to receive the votes of legal voters, coming up in order on the second reading, it was ordered to be engrossed for the third reading.
LANDS MORTGAGED TO STATE FUNDS.
Mr. O'Brien's bill (S. 98) to provide for the collection of taxes against lands mortgaged to pay for loans from State funds, and to repeal section 8, chapter 6, of Revised Statutes of 1852, coming up on the second reading, it was ordered to be engrossed.
BORROWERS OF STATE FUNDS.
Mr. Anthony's bill (S. 99) extending to borrowers of State funds time for payment of their loans, and prescribing duties of the proper officers, coming up on the second reading, it was ordered to be engrossed.
Mr. Hill's bill (S. 100) to amend section 1 of chapter 71, vol. 1, of the Revised Statutes, approved May 31, 1852, coming up on the second reading
Mr. HILL moved its reference to the Committee on Agriculture, and it was so referred.
SINKING FUND COMMISSIONERS.
Mr. Steele's bill (S. 102) to continue the present Board of Sinking Fund Commissioners from the 1st of January, 1859, to the first Monday of April, 1859, and until their successors are elected and qualified, was read through the second time.
Mr. STEELE urged the passage of the bill and moved that the rules be suspended, and the bill read the third time now.
The motion was agreed to by yeas 37, nays 0, and the bill read through the third time.
The question being shall the bill pass?
The bill was finally passed the Senate by yeas 37, nays 0.
The title of the bill was then read and adopted by consent.
SCHOOL FUND.
Mr LINE by unanimous consent, reported from the Committee on Education a bill (No. 108) to authorize the payment of school money retained in the County Treasuries by injunction of courts, and recommended its passage.
Mr. Line's bill (S. 108) was read through the first time.
Mr. LINE urged the necessity of the passage of his bill, and moved that the rules be suspended and the bill read the second time now.
The motion was agreed to - yeas 37, nays 0, and the bill was read by title the second time.
Mr. LINE moved its reference to the Judiciary Committee, and it was so referred.
SALARIES OF JUDGES AND ATTORNEYS.
Mr. Hamilton's bill (S. 103) raising the salary of Supreme Judges to $2,000, Circuit Judges $1,500, and Prosecuting Attorneys $400 per annum, coming up -
Mr. MARCH moved to strike out "$2,000," insert "$1,500," and strike out "$1,500" and insert "$1,200."
Mr. HAMILTON insisted upon the adoption of the bill as introduced by him.
Mr. HEFFREN spoke in favor of the bill as it came from the hands of the author.
Mr. WEIR moved to amend the amendment by striking out from the bill "$2,000" and inserting in lieu thereof "$2,500," and striking out "$1,500" and inserting "$2,000," and insisted upon its adoption, various considerations submitted at length.
Mr. MARCH recommended the adoption of the amendment offered by him. If the salaries were increased, office seekers would be stumping for the places out of mere: nary motives. He had heard of no judge wanting bread or going naked under the present salary, and he was opposed to larger figures than he had proposed.
Mr. MURRAY thought the Circuit Judges' salary should be larger than that of the Supreme Judge, if any discrimination is made in the amount of compensation allowed. He thought the salaries ought to be increased, but to what amount he was not prepared to say.
Mr. STUDABAKER desired a change in the salaries of Judicial officers, and especially in that of Prosecuting Attorneys. Young men just entering upon the profession, have been placed in these positions; they can not compete with the experience and talent of the bar, and in many cases the Judges are compelled to employ an assistant to the Prosecutor at the expense of the State, in order to secure a just prosecution in criminal cases. The young lawyer can not successfully prosecute a case in opposition to one or two lawyers of twenty year's experience. He wanted the salary raised so that competent men would accept these positions. It would be more economical in the long run.
Mr. WEIR withdrew his amendment.
Mr. WAGNER offered an amendment to increase the fees of Justices of the Peace one hundred per cent. He objected to singling out the officers named in the bill, and increase their salaries. He would vote to increasing no salaries until the fees of public officers were examined, and a sort of equalization of salaries could be adopted. He was prepared to show that the Governor, who claims to get a salary of $1,500, gets $4,000, and that according to law, or rather, in the absence of law. The incompetency of Justice's of the Peace costs more by appeals from their decisions than any other branch of the Judiciary in the State.
Mr. COBB thought the salaries of the officers named in the bill should be increased, but not to too great an extent. He thought the bill was premature because it was more than probable that the judicial system would be reorganized at the next session of the Legislature, and it would then oe neccessary to make the salaries conform to that organization. He opposed the passage of the bill for this reason.
Mr. HAMILTON said that he did not introduce this bill because Democrats were in office, for he would insist just as strongly upon the passage of the bill if Republicans were to be benefitted - in fact there were a good many Republicans holding these offices throughout the State although a majority of office-holders were page: 162[View Page 162] Democrats. He moved to lay the amendments on the table.
Mr. GREEN demanded a division of the question.
The question being upon the motion to lay on the table the amendment of the Senator from Warren [Mr. Wagner] it was agreed to by yeas 33, nays 5.
[The Governor returned to the Senate Mr. Hargrove's bill (S. 28) for the election of United States Senators, with his objections thereto in writing, by the hands of Mr. Osborne, his Private Secretary.]
The next question being upon the motion to lay on the table the amendment of the Senator from Delaware [Mr. March] it was rejected by yeas 13, nays 25.
Mr. MURRAY offered to amend the amendment by making the salaries of Supreme and Circuit Judges $1,500 and Prosecuting Attorneys $600.
Mr. TARKINGTON moved to lay the bill and pending amendments on the table.
Mr. HENDRY demanded a division of the question.
The question being upon laying the amendment on the table.
It was laid on the table by yeas 27, nays 11.
The question recurring on laying the bill and pending amendment on the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 19, nays 19 - as follows:
YEAS - Messrs Bobbs, Brown, Carnahan, Cobb, Conley, Eisk, Hentiry, Johnston, Line, Lomax, Murray, Rice, Robinson, Tarkington, Thompson, Turner, Wagner, Wallace and Wilson - 19.
NAYS - Messrs. Beeson, Blair, Cravens, Gooding, Green, Hamilton, Heffren, Hill, Kinley, McLean, March, Miller, O'Brien Odell, Shoemaker, Steele, Studabaker, Weir and Williams - 19.
Mr. BOBBS, when his name was called, said: I would like the bill to comprehend more than the officers named, consequently I vote "aye."
Mr. BROWN, when his name was called, said: If we raise the salary of one, we ought to raise the salary of all, and a bill should be introduced raising the salaries in proper ratio of all officers, therefore I vote "aye."
Mr. RICE, when his name was called, said: I am in favor, at the proper time, of raising the salary of all judicial officers, but while we are contemplating the revision of our entire judicial system, I think it would be premature, at this time, to fix or increase any salaries. With the design, at the proper time, to vote for an increase of salaries, on this question I vote to lay the bill and amendment on the table.
Mr. WALLACE, when his name was called, spoke at considerable length, in which he advocated raising of the salary of every judicial officer; but he thought those proposed in the bill were not enough, consequently he voted "aye."
The PRESIDENT. The bill lies on the table. I give my vote believing that, at the present session, it would be inopportune to mature the bill.
Mr. TARKINGTON moved to take up the message from the Governor.
Mr. MARCH hoped the Senator would withdraw his motion, because the Senate is not full, and every Senator would like to be in his seat when the message comes up.
Mr. TARKINGTON withdrew his motion.
PAPER CURRENCY.
The bill (H. R. 9) to prevent the circulation of unauthorized paper currency, and for the redemption of such as has heretofore been issued, coming up on the second reading -
Mr. HEFFREN moved that the bill be referred to a select committee of five, with any amendments that may be offered.
Mr. MARCH offered the following amendment:
Section - Be it further enacted, That any person who shall, knowingly, exchange, barter, sell, or put away for a valuable consideration, any bank note or bill, drawn on or by any bank of any State, knowing such bank at the time to have suspended special payments or to be broken, without disclosing such knowledge to the person receiving such bill or note, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than ten nor over one thousand dollars.
Mr. WEIR offered an amendment, making it a misdemeanor punishable by fine and imprison ment in the county jail for the officers of any bank, including President, Cashier and Directors, to fail or refuse, to redeem their bank notes on demand, or to fail to pay deposits on demand received by them from any person or persons, as such bank, and providing the same punishment for brokers or private bankers who fail or refuse to pay deposits received by them from any person or persons; also providing the same penalities for the officers of any bank which has heretofore received deposits, to fail after sixty days after demand to pay over such deposits.
Mr. Heffren's motion was now agreed to, and the PRESIDENT makes the committee to consist of Messrs. Heffren, Tarkington, Jones, Kinley and Culver.
INCORPORATION OF CITIES.
Mr. Anthony's bill (S. 114) to amend the 18th section of an act to repeal all general laws now in force for the incorporation of cities, and pro viding for the incorporation of cities, &c., approved March 9, 1857, coming up on the second reading -
[This bill simply gives the power to take a change of venue from the Mayor to any Justice of the Peace in the township.]
Mr. CRAVENS moved to lay the bill on the table, as the author was not in his seat.
The motion was agreed to by consent.
THE SABBATH DAY.
Mr. Gooding's bill (S. 106) to repeal section 2 of an act for the protection of the Sabbath, approved February 28, 1855, coming up on the second reading -
Mr. GREEN moved its reference to a select committee of five.
Mr. GOODING said if this bill passed he would leave the law of 1855 in force, except that original jurisdiction will betaken from the Common Pleas Court and given to Justices of the Peace.
Mr. HEFFREN proposed to amend by repealing section 1, as well as section 2, of the act of February 28, 1855.
Mr. MURRAY moved to lay this amendment on the table.
The motion was agreed to by yeas 38, nays 1.
Mr. Green's motion was then agreed to, and page: 163[View Page 163] the PRESIDENT makes the committee to consist of Messrs. Green, Thompson, Hill, Line and Lomax.
Mr. HEFFREN moved to instruct the committee so as to protect those who keep the seventh day as well as those who keep the Sabbath.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The question being upon the instructions to the select committee, proposed by the Senator from Washington, [Mr. Heffren,] just previous to the recess -
Mr. HEFFREN insisted upon the adoption of his instructions.
Mr. GREEN thought the object of the instructions was to kill his bill, whereupon he launched out into an argument in favor of it. When he had concluded -
The instructions were rejected:
Mr. WALLACE moved to take from the table the Governor's Message.
Mr. MURRAY demanded a call of the Senate.
The call was proceeded with when forty-eight Senators were reported as present.
[Mr. WAGNER asked and obtained leave of absence for the Senator from Madison, Mr. Craven, who was called home by sickness in his family.]
Mr. WALLACE'S motion was lost upon a division of the Senate, by yeas 22, nays 24.
INTEREST ON THE STATE DEBT.
Mr. CRAVENS, by unanimous consent, submitted a report from the select committee, to which was referred Mr. Wagner's bill (S. 107) authorizing the Governor, Treasurer and Auditor of State to borrow from the Board of Sinking Fund Commissioners, money to pay wholly or in part the interest due on the State debt in January 1859, recommending its passage for the following
- The existence of doubts as to the power of the present executive officers of State to negotiate a loan for the purposes contemplated in the Constitution.
- The immediate necessity of providing the means for meeting and liquidating the interest on the foreign debt of tbe State, maturing on the 1st day of January, 1859, and
- The propriety of domesticating, so far as
practicable, the public debt, and especially so much thereof
as may be necessarily incurred in providing for the accruing
interest of said debt.
As to the first of the above enumerated reasons, it is sufficient, if a reaonable doubt exists as to the power, for immediate action on the part of the General Assembly; for, if deemed advisable on the part of the officers of State, upon whom is devolved the duty of providing for the protection of the public credit and honor, to offer her securities in the money markets of the country, it is essential that every facility which wise and prudent legislation can supply should at once and without unreasonable delay to afforded.
In anticipation of the unavoidable delay incident to the hasty enactment of measures and interrupting consequent upon the preparation of the necessary forms of the security, as well as unforeseen contingencies that might render it impossible for the officers of State to provide in time for the payment of the semi-annual instalment of interest maturing on the 1st of January next, your committee has sought and obtained the information that the Board of Sinking Fund Commissioners can command the amount now demanded to protect the honor of the State, and will provide for the loan if required by law so to do.
The report was concurred in, and the bill read by title the second time.
Mr. CRAVENS moved that the bill be considered as engrossed and read the third time now.
Mr. STUDABAKER objected.
Mr. CRAVENS urged the passage of the bill in a ten minutes' speech.
[A message from the House of Representatives here announced to the Senate that the House had concurred in the report of the free conference committee, on Mr. Tarkington's bill (S. 3) for the re-appraisement of real estate.]
Mr. MURRAY could not see any valid objections to the uassage of the bill.
Mr. Cravens' motion was agreed to and the bill was read through the third time.
The question being, Shall the bill pass?
Mr. HEFFREN could not consent to the passage of the bill without entering his protest against it.
Mr. WAGNER advocated the passage of his bill.
Mr. BOBBS sustained the provisions of the bill in a few remarks, during which he took occasion to reflect rather severely upon the officers of State - charging upon them that they did not reply in a satisfactory manner to inquiries from either end of the Capitol, and doubting whether they kept their affairs in such a manner as that they could do so.
Mr. TARKINGTON was in favor of the passage of the bill.
Mr. ANTHONY urged the passage of this law immediately.
Mr. HEFFREN moved to recommit with instructions to strike out the words, "Commissioners of the Sinking Fund," and also that they specifically provide for the repayment of the loan.
Mr. WEIR moved to lay the motion on the table.
The motion was agreed to by yeas 37, nays 11.
The yeas and nays were demanded on the final passage of the bill, and being ordered and taken, resulted - yeas 36, nays 12 - as follows:
YEAS - Messrs. Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Carnahan, Cobb, Conley, Conrer, Cravens, Culver, Fisk, Gooding, Green. Hamilton, Fargrove, Hill, Jones, Kinley, Line, McLean, March, Murrray, O'Brien, Odell, Rice, Robinson, Stesle, Stevens, Tarkington, Turner, Wagner, Weir, Williams and Wilson - 30.
NAYS - Messrs. Heffren, Hendry, Jennings, Johnston, Lomax, McClure, Miller, Shoemaker, Slack, Studabaker, Thompson and Wallace - 12.
Mr. CARNAHAN, when his name was called, said he had some unwillingness to vote for this bill although he felt himself bound to do so.
Mr. MARCH, when his name was called, said he voted for this bill as the best measure yet proposed, but he should feel himself bound to have this money restored - every dime of it - and all the money heretofore taken from it; and have the fund preserved for the benefit of common schools.
Mr. ROBINSON, when his name was called, said, he had thought he never would vote to authorize the State officers to borrow an indefinite amount of money, but it seemed as though we can not come into possession of the true and definite amount in our treasury; and he would have to vote for this bill.
page: 164[View Page 164]Mr. WALLACE when his name was called, said, he was in favor in the first place of an assessment of taxes to meet this interest on the State debt; but he was not here at the time the vote was taken on that question. He did not know what he was voting for, and therefore he voted "no."
So the bill passed the Senate.
The title was then read and adopted.
CONVICTIONS AGAINST FELONS.
Mr. Slack's bill (S. 105) to provide for the infliction of punishment when more than one conviction has been had against one person, coming up on the second reading -
Mr. HEFFREN moved its reference to the Judiciary Committee, and it was so referred,
PAPER CURRENCY.
Mr. TARKINGTON moved to take from the table Mr. Heffren's bill (S. 85) having reference to unsafe paper curency, that it may be placed on the files of the Senate.
Mr. GOODING opposed the proposition.
The motion was agreed to.
Mr, WALLACE moved that the Committee on Finance be instructed to report back this joint resolution (No. 3) having reference to the interest of the State in the State Bank.
The motion was agreed to.
And then the Senate adjourned.
