tion "Legslative Reports" The explanation is as follows:
Mr. PRESIDENT - I intend voting for the bill now on its passage, but when I do so I am not voting my sentiments. I am convinced that the people desire a change from the present system, and believing the one contained in the bill the only one that can be made at the present session, I vote for it, in preference to leaving the law as it now stands. I have, by my vote, and in every other honorable way during the progress of the Township question, favored a change to three trustees for each township abolishing the offices of treasurer and clerk, and requiring one of the trustees to act as President of the board, one as treasurer, one as clerk, and to limit their meetings to once in three months. Such a change would reduce the expense more than one half from the old system, and give the various localities of the townships a fair representation. But from the indications in both Houses, the one trustee system seems to have the greatest number of friends; therefore I am willing to acquiesce in the expressed will, hoping the provisions of the bill will meet the expectations of its friends, and be popular with the people, and reduce largely the expense as compared with the old system.
Mr. LINE, by leave, introduced a resolution giving to the Indiana Historical Society $300 to aid it in collecting information in connection therewith.
Mr. WALLACE was apposed to the $300 appropriation. If the amount was anything of importance he should vote for it, but as the entire scheme was impracticable at this time, he should oppose it.
Mr. STEVENS was in favor of she resolution, and proud of the State of Indiana.
Mr. MURRAY hoped the resolution would be adopted.
Mr. ANTHONY felt proud of his native State, and desired the passage of the resolution.
Mr. BOBBS hoped the measure would pass.
Mr. STEELE expressed himself in favor of the resolution.
Mr. HEFFREN was in favor of the resolution.
Mr. BROWN offered an amendment, as follows:
Strikeout "$300" and insert "$500."
Mr. CONNER. I hope the resolution of the Senator from Franklin will be adopted, at least, if the amendment of the Senator from Marshall is not adopted, but I am in favor of the resolution with the proposed amendment. I understand that assurances have been given by Mr. Fletcher, of this city, that one of the roams in the old State Bank building will be set apart for the use of the Society, free of charge, if some encouragement will be extended by the State to the Society. The object of the small appropriation now asked for, is to pay for the services of the Secretary of the Society, in taking charge of such books,"records, manuscripts and materials as have been collected by the Society already, and to collect and preserve such additions by contributions and otherwise as he may be able to collect. I understand that Mr. Dillon has heretofore been the Secretary of the Society, and will continue to be. Mr. Dillon, as you all know, is eminently qualified for that service. He has been engaged for years in preparing and publishing the history of Indiana, and I am sorry to say that no aid has ever been extended by the State to that worthy enterprise. I had the pleasure of being present at a meeting of the Society, a short time since, in this Chamber; the statements made on that occasion by Judge Law, convinced me of the great propriety of making a small appropriation.
Mr. BENNETT would vote for this resolution with pleasure. He was a native of the State and wanted to see the old documents gathered up and published.
Mr. MARCH thought this was a small pittance and he was in favor of granting it
Mr. WALLACE thought the best way to secure the passage of the resolution was to make the remarks he did when first up, and appealed to the Senator who sat next to him, if he did not so avow himself before he rose to his feet.
Mr. BROWN [interrupting] said that such was the fact.
Mr. WALLACE then continued in a few remarks to sustain the resolution.
The amendment was adopted.
The resolution was adopted by yeas 40, nays 4.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. LOMAX, by consent, returned from a select committee, his bill [205] recommending its passage.
The report and bill were laid on the table to wait till a quorum should appear.
On motion by Mr. WILLIAMS, the following House bills were passed the first reading: the bills H. R. 142, 249, 201 and 143.
page: 210[View Page 210]The following Senate bills were read the second time:
Mr. Anthony's [204]: ordered to be engrossed.
Mr. Cobb's [206]: referred to the Judiciary Committee.
A message from the Governor announced his approval and signature of Mr. Slack's bill [220] allowing Sheriffs of Circuit or Common Pleas Courts to empannel traverse juries from bystanders, when the proper officers have failed or refused to discharge that duty.
On motion by Mr. HEFFREN, Mr. Lomax's bill [205] was taken from the table and referred again to the select committee, from which it was reported.
Mr. WAGNER, by leave, from the Committee on Education, returned the bill [H. R. 59] to extend to borrowers of State funds, time for payment, &c., with amendments, recommending its passage. The report was concurred in.
On motion by Mr. WAGNER, the bill was read the third time, and passed the Senate by yeas 35, nays 7.
THE CALENDAR.
The following bills were read the third time:
Mr. Carnahan's [38] to enable industrious, indigent persons, who are unable to give security, to rent land.
Mr. CARNAHAN explained the provisions of his bill.
Mr. MURRAY objected to its passage. Did not believe it was either constitutional or expedient.
Mr. WAGNER could see no objections to the bill. It would do injustice to no man.
Mr. HAMILTON hoped the bill would pass, for he believed it would be beneficial to the poor man.
Mr. GREEN should vote for the bill.
The bill was then passed - yeas 28, nays 11.
The Committee on Benevolent Institutions, [203] to provide for the election of Trustees and Commissioners of the Benevolent institutions of the State.
Mr. HEFFREN moved to recommit the bill, with instructions to amend so as to require three trustees to each asylum or hospital, and to strike out all that part of the bill which refers to a President.
Mr. CRAVENS [Mr. Wanner in the Chair,] could see no necessity for recommitment. The Committee on Benevolent Institutions, had reported the bill as it was, and if recommitted, would again report it as it is. If the instructions were adopted, he could vet see no necessity to recommit the bill, for it could be perfected in the Senate without going back to the committee.
Mr. HEFFREN replied in support of his amendment. He could not vote for the bill as it is now, though he might do so as a dernier resort were his proposition rejected, &c.
Mr. MURRAY was opposed to the motion to recommit, and hoped the bill would be put upon its pessage.
Mr. SLACK was also opposed to recommiting the bill with the instructions proposed. The people were well enough satisfied with the present workings of these institutions; and he was opposed to the entire proposition to change the present system. Let well enough alone.
Mr. HAMILTON expressed himself as opposed to the motion to recommit.
Mr. BOBBS moved to amend by providing that the Trustee shall receive no compensation except for traveling expenses.
Mr. LINE moved to lay the motion to recommit on the table.
Mr. BOBBS withdrew his amendment.
The motion was rejected - yeas 27, nays 17.
The bill was then passed - yeas 29, nays 17 - as follows:
YEAS. - Messrs. Anthony, Beeson, Bennett, Blair, Bobbs, Conley, Conner, Cooper, Cravens, Craven, Green, Hamilton, Hargrove, Hendry, Hill, Johnston, Kinley, Line, March, Murray, Odell, Robinson, Steele, Stevens, Tarkington, Thompson, Turner, Williams, and Wilson - 29.
NAYS. - Messrs. Brown, Carnahan, Cobb, Culver, Fisk, Gooding, Heffren, Jennings, Lomax, McClure, McLean, O'Brien, Shoemaker, Slack, Studabaker, Wagner, and Wallace.-17.
Mr. Lomax's [39], to amend an act provide for the election of Clerks of the Circuit Courts and prescribing their duties, approved June 7, 1852.
Mr. LOMAX explained the provisions of his bill.
Mr. MURRAY, by unanimous consent, amended the bill as follows:
Provided, That the County treasurers shall pay overthe same to persons entitled thereto, upon the order ocertificate of the clerk.
The bill was then passed yeas 36, nays 6.
Mr. Conner's [40], to amend section 151 of the valuation and assessment law, approved June 21,1852.
The bill was passed by yeas 40, nays 2.
Mr. Cravens' [44], to change the time for the election of members of Congress.
Mr. WILLIAMS expressed himself as opposed to the bill.
Mr HEFFREN said that at the special session he had voted for such a bill as this, but now he was satisfied his constituents were opposed to it - no petition had come up here asking for it - and consequently he should vote against it.
Mr. CRAVENS [Mr. Wagner in the Chair] sustained the provisions of his bill.
Mr BENNETT was in favor of the passage of the bill. He was in favor of separating State and National politics as much as possible.
Mr. HENDRY did not favor the bill.
Mr. GOODING thought the election for Congressmen and President should be had at different times. He could see no objection to the bill and hoped it would pass.
The bill then failed - yeas 16, nays 27.
Mr. COOPER'S [45], to provide compensation to owners of animals killed or injured by the cars, locomotives or carriages of any railroad company in this State.
Mr. CONNER moved to recommit the bill with instructions to strike out from the 6th line after the word "owners" all that follows to the word "but" in the 9th line, and to insert the words "the owners thereof shall have his or her right of action against said company for two-thirds of the value of such property killed or injured, without regard to the question whether such injury or destruction was the result of wil page: 211[View Page 211] ful misconduct or negligence or intentional carelessness."
Mr. GREEN proposed to amend by striking out the third section.
Mr. MURRAY could see no necessity for the recommitment, and spoke a few minutes against the principle which would deal as with an iron hand whenever corporations are a party to a measure before the General Assembly.
Mr. MARCH hoped the bill would be recomitted. He insisted that Railroad companies should be liable far the full amount of injury s resulting from their carelessness.
Mr. WALLACE. I believe the question is upon the recommitment of the bill. One word only. The Senator from Delaware [Mr. March] suits me in one respect, if in no other. Whenever an issue is formed here between a great, overgrown, big bellied corporation, and an individual citizen, he gives proof of his nature, and his fitness to be a freeman, by taking sides with the citizen. This bill presents such an issue. I look at it in this way. If the citizen is entitled, as against; the Railroad company, to one cent for his stock, why is he not entitled to its full value? Again, sir. It is agreed that if we by an act, make the companies liable to pay the value of stock killed on then roads, it will encourage persons living along the lines, to put their stock in a convenient way to be killed. I doubt not that in many instances this may prove true But we ought to look on both sides. Acting on that principle, it is my opinion that the law as it now stands has the effect to encourage engineers, who too frequently, are wholly irresponsible, in a recklessness, which, in ninety nine cases out of a hundred, is the true cause of accident to trains and death or injury to stock. Now, between these two evil consequences I am to choose. I do not hesitate. I vote for the citizen - for making the companies liable. Therefore, I am in favor of the recommitment.
Mr. BEESON moved as further instructions the following:
Provided, That said stock were on, or adjacent to the premises of their owner or owners, at the time of said killing.
Mr. CONNER was opposed to this amendment, because its object was to further screen the Railroad companies.
On motion by Mr. CRAVEN, the amendments proposed by Senators Beeson and Green, were laid on the table - yeas 36, nays 8.
On motion by Mr. CRAVEN the bill and instructions were referred to a select committee of five, viz: Senators Craven, Lomax, Cobb, March and Murray.
On motion by Mr. MURRAY,leave of absence was granted for to-night, to the Senate difficulty investigating committee.
On motion by Mr. BLAIR, his bill [174] fixing the time of holding the Court of Common Pleas, in Henrick's county, was read the third time and passed the Semteyeas43, nays 0.
And then the Senate took a recess till 7 o'clock.
NIGHT SESSION.
The following Senate bills were considered on the second reading and referred.
No. 6, to the Finance Committee.
No. 208, to the Committee on County and Township Business.
Mr. Blair's (213), Nos. 207, 209, 211; Mr. Slack's (218); Mr. Wilson's (223); to the Judiciary Committee.
No. 185, ordered to be engrossed.
No. 210, to the Committee on Rights and Privileges.
Mr. Conley's (216) and Mr. Turner's (221), to the Committee on Swamp Lands.
Mr. Cravens' (215), to the Committee on Corporations.
Mr. O'Brien's (216), to the Committee on Education.
Mr. Green's (226), to the Committee on Roads.
Mr. WAGNER, by leave, from the joint committee on a Geological Survey of the State, reported a bill (S. 237), to authorize a geological reconnoisanse of the State - appropriating $5,000 therefor.
Mr. CRAVENS, by leave, introduced a bill (238), for the better protection of orchards, gardens and vineyards.
Which were passed the first reading.
The PRESIDENT pro tempore laid before the Senate a communication from the Auditor of State: which was referred to the Committee on Finance.
On motion by Mr. WAGNER, the vote of yesterday by which the bill (H. R. 103) was indefinitely postponed was reconsidered: and the bill laid on the table.
Mr. O'BRIEN, from a select committee thereon returned his bill (163) recommending its passage. The report was concurred in and the bill ordered to be engrossed.
Mr. ROBINSON, by leave, introduced a bill(239), to amend sec. 35 of an act prescribing who may make a will, what may be devised, the effect thereof, &c, approved May 31, 1852, which passed the first reading.
Mr. MARCH, by leave, from the Judiciary Committee, returned the bill () recommending its passage. The bill was ordered to be engrossed.
Mr. CARNAHAN, by leave, from the Committee on Corporations, returned the bill () recommending its passage. The bill was ordered to be engrossed.
The Senate adjourned.
