IN SENATE.
FRIDAY, February 11, 1859.On motion of Mr. TURNER, Senators Carnahan, Jones and Jennings were added to the select committee on his slave-trade joint resolution (12) offered yesterday afternoon.
The PRESIDENT pro tempore, (Mr. Rice in the Chair,) laid before the Senate the report of the State Board of Agriculture for 1858.
On motion by Mr. Williams, 6,000 copies were ordered to be printed.
Mr. HEFFREN, from the select committee of free conference, returned the shinplaster bill (H. R. 12) with amendments, recommending its passage.
Mr. GOODING said if the bill did not acknowledge the existence of the Bank of the State of Indiana as a legal institution, he would vote for it, but if it did he would not.
Mr. HAMILTON trusted the report would be concurred in, and that the bill would pass.
Mr. ANTHONY felt disposed to vote for it, but hoped it would lay on the table for the present.
Mr. STEELE hoped the report would be concurred in, and the amendment proposed by the committee adopted. The object of the bill is to prevent the issue of unauthorized paper currency, otherwise he should not vote for it.
Mr. TARKINGTON thought the bill takes away from every institution in the State the right to issue shinplasters, and can not see why there should be any cavil in the matter.
Mr. MARCH desired to prevent the issue of any unauthorized paper currency whatever; and that every bank circulation in the State should he made safe and sound. He would rather this bill should lay over one or two days to give us a chance to examine it.
Mr. GOODING desired to offer an amendment by striking out all after the words "authorized by law," in the first amendment proposed by the committee.
page: 169[View Page 169]Mr. TARKINGTON insisted that an amendment to a free conference committee report was out of order.
The PRESIDENT pro tempore so ruled it.
The report of the free conference committee was then concurred in - yeas 27, nays 13, as follows:
YEAS> - Messrs. Anthony, Beeson, Bennett, Blair, Brown, Carnahan, Cobb, Conner, Cooper, Craven, Hamiliton, Hargrove, Heffren, Hill, Johnston, Jones, Kinley, McLean, O'Brien, Odell, Rice, Steel, Stevens, Tarkington, Thompson, Turner and Williams - 27.
NAYS - Messrs. Conley, Fisk, Gooding, Green, Hendry, Loxmax, McClure4, March, Robinson, Shoemaker, Slack, Studabaker and Wilson-13.
Mr. SLACK, by leave, offered the following,which was unanimously adopted:
Resolved, that the Auditor of State is requested to draw a warrant in behalf of the Door-keeper of the Senate,for the sum of $165, on the State Treasury, for the purpose of purchasing postage stamps, ordered by the Senatefor the use of the members and officers.
Mr. CONNER, by leave, offered the following, which was adopted:
Resolved,That the Committee on Finance be instructed inquire what legislation, if any, is required to compel the payment of the Common School Funds, now due from the State Treasury to the severel counties of the State ;that said committee inquire into the expediency of passing a law requiring the Treasurer of State to keep the Common School Funds coming into his hands separate from other funds, and prohibiting him from using said funs for any other purpose than that contemplated bythe law creating said fund, and that they be required to report by bill or otherwise.
Mr. CONNER, by leave, presented a petition on the the Subject of Temperance, from sundry citizens of Stockdale, Wabash county, which he had leave to withdraw for the purpose of sending to the House of Representatives.
The Committee on County and Township Business' bill (145) to provide for a more uniform mode of doing township business, coming up -
Mr. LINE, tor the purpose of a test vote,moved to strike out the word "one" and insert"three" [trustees] - one to act as clerk and one as treasurer.
Mr. SLACK did not believe in a one-man power, and hoped the amendment would be adopted.
Mr.GOODING was glad to hear the Senator express himself, because opposition to one-man power was a Democratic principle. He was favor of remodeling the township system, so that but three township officers should be allowed at most.
Mr. ODELL was in favor of abolishing the whole township system as far as the control of trustees over road business is concerned.
Mr. HEFFREN was in favor of the one trustee system.
Mr. COBB was opposed to the amendment, and believed one trustee can do the business as well as three - at a cost of only $7,000 or $8,000 while the present system costs about $27,000.
Mr. CONNER thought a great evil in this country was too much legislation. The people of the State had become familiar with the present system and he was opposed to changing it. He was also opposed to one-man power in any shape or form, and in favor of the amendment of Senator from Franklin [Mr. Line ]
Mr. McLEAN disapproved of the amendment. Township business could be as well performed by one man as by three. If there was any crying evil in this State it was this swarm of petty office-holders.
Mr. STUDABAKER thought his constituents were satisfied with the present law, but stood ready to vote for any better one that might be proposed. He should vote against the one-man power.
Mr. STEVENS could not consent to place the township business into the hands of one man - it was an outrage the people would not sustain. He hoped the amendment would be adopted.
Mr. MURRAY could not appreciate the argument against the one trustee system. The people demanded the change proposed by the bill, and it should receive his support, after one or two amendments which he should propose at the proper time.
Mr. JOHNSTON thought one trustee was enough. He believed his constituents would be satisfied with one, and he should vote for but one.
Mr. WILLIAMS said the bill proposed to lop off 3,600 township officers, and he was in favor of it.
Mr. CARNAHAN was in favor of the one trustee system, and was satisfied it was the choice of 999 out of every 1,000 of his constituents.
Mr. GREEN expressed himself in favor of abolishing the present system and substituting therefor but one trustee.
Mr. HENDRY was in favor of the five officers, but was willing to compromise and allow the three Trustees to do all the business of the township.
Mr. FISK was opposed to the whole bill. The present system was cheaper than even the one-man system would be, in his opinion.
[A message from the Governor announced his approval and signature of Mr.Gooding's bill (181) fixing the time of holding Circuit Courts in Hancock county.]
Mr. WALLACE was opposed to the present system of doing township business, and thought it our duty to correct it by the passage of this bill.
Mr. JOHNSTON moved to lay the amendment on the table.
The motion was agreed to - yeas 25, nays 17, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Brown, Carnahan, Coob, Conley, Cravens, Green, Hargrove, Heffren, Johnston, Jones, Lomax, McClure, McLean, Miller, Murray, Odell, Robinson, Shoemaker, Turner, Wallace, Williams and Wilson - 25.
NAYS - Messrs. Blair, Cenner, Craven, Fisk, Hamilton, Hendry, Hill, Kinley, tine, March, O'Brien, Rice, Slack, Steele, Stevens, Studabaker and Thompson - 17.
AFTERNOON SESSION.
By unanimous consent the following bills were introduced and severally passed the first reading:
By Mr. CONLEY: (201) to require surviving partners to give a bond of inventory and make report of their proceedings to a court having jurisdiction.
By Mr. GREEN: (202) supplemental to article 9 of chapter 1 of Revised Statutes of 1852of a law reform act approved June 18, 1852.
page: 170[View Page 170]By the Committee on Benevolent Institutions (203) to provide for the election of trustees and commissioners of the benevolent institutions of the State.
On motion by Mr. MURRAY, his resolution to amend the rules, submitted on yesterday, was taken up -
Mr. MARCH objected to the first rule proposed.
Mr. BENNETT was opposed to the adoption of any rule which would cut off the explanation of a vote.
Mr. LOMAX moved to amend by limiting the explanation of a vote to ten minutes.
Mr. STEVENS moved to amend as follows:
By allowing any member to furnish to the Reporter the reasons for his vote, in writing, to be published in the "Legislative Reports."
Mr. HEFFREN would prefer "fifteen" instead of "ten" minute speeches, as proposed by the new rule.
Mr. SLACK was opposed to any amendment of the rules: and moved to lay the resolution and pending amendments on the table.
The motion was rejected - yeas 16, nays 22.
The amendment to the amendment was laid on the table
Mr. HEFFREN moved to strike out "ten minutes in the amendment and insert "five." This motion was agreed to.
Mr. HAMILTON thought Senators ought to have an opportunity when their names are called to explain their votes.
Mr. MARCH moved to amend the amendment by stricking out so much in the first rule as prevents Senators from giving an explanation on the calling of his name.
Mr. MURRAY, by consent, withdrew his proposition to amend the rules.
The Senate then resumed the subject pending at the recess.
Mr. SLACK moved to recommit with instructions to provide for the election of three trustees, one of whom shall be a treasurer and one the clerk provide; that stated meetings of the board shall be held not exceeding four times a year, and provide that they shall have jurisdiction over the changing and location of all roads not running through more than one township, and giving them general supervision over the improvement of roads and bridges in their respective townships, and requiring the supervisors to expend the labor and money on the roads under their direction.
Mr. BENNETT moved a substitute, which provides for three trustees - one to act as president, one as treasurer and one as clerk; that they shall be allowed to meet quarterly and sit two days at a time if they see fit.
Mr. STEVENS occupied the floor in answer to some remarks made this morning by Senators who advocated the one trustee system. He was in favor of the substitute proposed.
Mr. SHOEMAKER moved to lay the substitute on the table.
The motion was rejected - yeas 20, nays 22, as follows:
YEAS - Messrs. Beeson, Brown, Carnahan, Cobb, Conley, Cravens, Hargrove, Heffren, Johnston, Lomax, McClure, McLean, Murray, Odell, Robinson, Shoemaker, Wallace, Weir, Williams and Wilson - 20.
NAYS - Messrs. Anthony, Bennett, Blair, Bobbs, Conner, Cooper, Craven, Fisk, Green, Hamilton, Hendry, Hill, Jones, Kinley, March, Miller, Rice, Slack Steele, and Stevens, Thompson and Turner - 22.
Mr. BLAIR did not think the bill proposed any material benefits,but that by some modifications of the substitute it could be made of general utility.
Mr. CARNAHAN was opposed to the substitute - the cutting off of but two officers was a small matter.
Mr. MURRAY thought there was no practical economy in the substitute proposed. He hoped the committee's bill would be perfected.
Mr. SLACK moved to recommit with instructions to amend so that the trustees may receive $1,50 per day He would be in favor of the substitute with a slight amendment.
Mr. GREEN was in favor of the substitute proposed.
Mr. HEFFREN was opposed to the motion recommit.
Mr. CONNER was opposed to any change of the law.
Mr. ROBINSON was in favor of the original bill and opposed to the substitute.
Mr. SLACK withdrew both his propositions.
Mr. CONLEY hoped Senators will consider this matter well. The people demand a change so that there may be but one officer in each township.
Mr. MARCH was in favor of the proposition submitted by the Senator from Union [Mr. Bennett.]
Mr. MILLER was willing to abolish the entire system of township business.
Mr. CONLEY moved to postpone the further consideration till Thursday, 10 o'clock.
Mr. BENNETT objected to the postponement.
The motion was lost.
Mr. WILLIAMS was certain one trustee could do the business much cheaper than three, but if not, then he would be in favor of three.
The subsititute was then rejected, yeas 20, nays 21 - as follows:
YEAS - Messrs. Bennett, Blair, Bobbs, Conner, Cooper, Craven, Fisk, Gooding, Green, Hamilton, Hendry, Hill, Jones, Kinley, March, Rice, Steele, Stevens, Thompon and Turner - 20.
NAYS - Messrs. Anthony. Beeson, Brown, Carnahan, Cobb, Conley, Cravens, Hargrove, Heffren, Johnston, Lomax, McClure, McLean, Murray, Odell, Robinson, Shoemaker, Wallace, Weir, Williams and Wilson - 21.
Mr. CONLEY made an ineffectual attempt to make the trustee elected for two years.
Mr. BENNETT moved to lay the bill on the table.
The motion was rejected - yeas 16, nays 26.
Mr. MURRAY moved to postpone the further consideration of the bill till Tuesday morning, 10 o'clock.
The motion was agreed to.
Mr. CONNER moved that the Senator from Huntington, [Mr. Slack] have leave to record his vote on the substitute proposed by the Senator from Union, [Mr. Bennett.]
The motion was agreed to - yeas 26, nays 15- and Mr. Slack voted "no."
Mr. HEFFREN moved to reconsider the vote by which the Senate refused to adopt the substitute of the Senator from Union [Mr. Bennett,] pending which the Senate adjourned.