IN SENATE
WEDNESDAY, FEBRUARY 23, 1859.Mr. HEFFREN obtained leave to vote "aye" on Mr. Studabaker's bill (25) for the distribution of the Sinking Fund, passed yesterday morning.
page: 233[View Page 233]The PRESIDENT pro tempore laid before the Senate a communication from one of his constituents, praying for the passage of a joint resolution extending the time of paying taxes until after harvest, which was referred to the Committee on Finance.
Mr. HENDRY, from the Judiciary Committee, returned Mr. Blair's bill 213, with amendments, recommending its passage.
The report was concurred in, and the bill ordered to be engrossed.
FEES OF OFFICERS.
Mr. RICE, from the Judiciary Committee, returned Mr. Shoemaker's bill 233, to regulate the fees of officers, with amendments, recommending its passage.
The report was concurred in.
Mr. STUDABAKER moved to amend by inserting in the proper place "except that, in counties where the Sheriff's fees do not exceed $800, the County Commissioners may make such an additional allowance for extra services as may appear just."
Senators Heffren, Green, Slack and Miller objected to the amendment, and Senator Hamilton favored it.
The amendment was rejected.
Mr. GOODING moved to amend section 8 so as to provide that no County Auditor shall be allowed out of the county treasury more than $1,000 per annum.
Senators Hamilton and Anthony opposed the amendment.
On motion by Mr. TARKINGTON, it was laid on the table.
Mr. SLACK moved to lay the whole subject on the table.
The motion was rejected - yeas 14, nays 28.
Mr. MARCH moved to add to the first section as follows:
A complete record shall not be made in any case in the Supreme Court unless requested by one or both parties, and shall be paid for by the party requesting it; and, if made by both parties, it shall be paid for in equal proportions.
Mr. GOODING moved to amend section 8 by requiring the County Auditors to file with the Board of County Commissioners quarterly a written statement, subscribed to under oath, giving a detailed account of all fees received during the quarter.
Mr. BENNETT would not vote upon the amendment, because he should vote against the bill anyhow.
Mr. HEFFREN moved to lay this amendment on the table.
The motion was rejected - yeas 16, nays 27.
Mr. TARKINGTON opposed the amendment.
Mr. HAMILTON moved to reconsider the vote first taken.
Mr. WILLIAMS favored the motion.
The motion was agreed to.
The amendment was not laid on the table.
Mr. SHOEMAKER moved to amend the amendment by adding after the word "all" in the last line the words "services for which he asks an allowance."
Mr. GOODING accepted.
On motion by Mr. WILLIAMS, Clerks and Sheriffs were added.
On motion by Mr. HEFFREN, County Surveyors were added.
On motion by Mr. GOODING, the word "quarterly" was stricken out of his amendment.
Mr. TARKINGTON moved to amend by inserting as follows:
Clerks and Sheriffs shall be entitled to receive such reasonable allowance for extra services as the Board of Commissioners think right and proper, to be paid out of the County Treasury.
Mr. RICE favored and Mr. GREEN opposed the amendment.
Mr HEFFREN moved to lay the whole subject on the table, for the purpose of taking up the printing bill 192.
The motion was rejected - yeas 16, nays 28.
Mr. TARKINGTON withdrew his amendment, and substituted the first section [section 25] on page 229 of vol. 1, Revised Statutes of 1852, striking out the word "Auditor" and inserting "$200'" for "$100."
The amendment was adopted.
On motion by Mr. JOHNSTON, the Commissioness were authorized to furnish the necessary record books for the county officers.
The bill was ordered to be engrossed.
On motion by Mr. GOODING, Senators Gooding, Murray and McLean were appointed a committee to confer with the House committee on the temperance bill H. R. 29.
On motion by Mr. BLAIR, the vote on the engrossment of his bill 213 was reconsidered and the bill recommitted to the Judiciary Committee.
REPORTS FROM COMMITTEES.
Mr. CONLEY, from the Finance Committee, returned Mr. Slack's bill 6, [described on pages 20 and 21 of the reports], recommending that it lie on the table The report was concurred in.
Mr. CONNER, from the Judiciary Committee, returned Mr. Murray's bill 210, recommending its passage. The bill was ordered to be engrossed.
Mr. SLACK, from the same committee, returned his bill 229, recommending its passage. The bill was ordered to be engrossed.
Mr. RICE, from the same committee, returned Mr. Hill's bill 234, recommending that it lie on the table. The report was concurred in.
SALARIES OF JUDGES AND PROSECUTING ATTORNEYS.
Mr. BENNETT, from the same committee, returned Mr. McLoan's bill 207, [described on page 175 of these reports], recommending its passage.
Senators Heffren, Murray, Conner and Bennett opposed concurrence.
Mr. HEFFREN moved to lay the report on the table.
Mr. CARNAHAN moved to lay on the table both the bill and report.
Mr. HEFFREN demanded a division of the question.
The report was then laid on the table - yeas 34, nays 11.
The bill was not laid on the table - yeas 20, nays 24.
On motion by Mr. McLEAN, all after the first section was stricken out.
On motion by Mr. WILLIAMS, "$1,500" was inserted in the place of "$1,800," and "$1,200' in the place of "$1,500"yeas 26, nays 19.
page: 234[View Page 234]On motion by Mr. MURRAY, "$1,300" was inserted in the place of "$1,200" in the amendment just adopted.
Mr. MILLER moved to amend by giving the Prosecuting Attorneys "$300" instead of "$500."
On motion by Mr. MURRAY, the amendment was laid on the table
Mr. WILLIAMS moved to amend so that, when the Attorney is not personally employed he shall pay the fee of his substitute.
On motion by Mr. GOODING, the amendment lays on the table.
Mr. CONNER moved to amend by allowing the District Attorney a salary of $200 per annum, payable out of the State Treasury quarterly.
On motion by Mr McLEAN, the amendment was laid on the table.
Mr. McLEAN moved that the bill be considered as engrossed and read the third time now.
The motion was agreed to - yeas 25, nays 21.
The bill passed by yeas 28, nays 19, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Blair, Brown, Cobb, Conner, Culver, Gooding, Green, Hamilton, Hendry, Hill, Kinley, McLean, March, Murray, O'Brien, Odell, Rice, Slack, Steele, Stevens, Studabaker, Thompson, Turner, Wagner and Williams - 28.
NAYS - Messrs. Bobbs, Carnahan, Conley, Cooper, Craven, Fisk, Hargrove, Heffren Jennings, Johnstons Jones, Line, Lomax, McClure, Miller, Robinson, Shoemaker, Tarkington and Wilson - 19.
REPORTS FROM COMMITTEES.
Mr. SLACK, from the Judiciary Committee, returned Mr. Conley's bill (201), requiring surviving partners to give a bond of inventory and make a report of their proceedings to a court having jurisdiction, with amendments, recommending passage, The report was concurred in.
Mr. MURRAY, by unanimous consent, amended the bill by inserting in the proper place the words "and also the interest of the decedent in said partnerships."
On motion by Mr. CONLEY, the bill was considered as engrossed, read the third time and passed by yeas 45, nays 0.
Mr. HENDRY, from the Judiciary Committee, returned Mr. Shoemaker's bill 230, recommending that it lie on the table. The report was concurred in.
Mr. BENNETT, from the same committee, returned Mr. March's bill (48) abolishing the office of Attorney General: recommending passage.
Tbe report; was concurred in upon a division - affirmative 24 - and the bill was ordered to be engrossed.
Mr. ANTHONY, from the Judiciary Committee, returned his bill (182) recommending passage.
The bill was ordered to be engrossed.
[On motion by Mr. MURRAY, the special order - Mr. Jennings' joint resolution No. 11 was postponed till 7 o'clock.]
Mr. MARCH, from the Judiciary Committee, returned Mr. Green's bill 115, with amendments, recommending passage.
On motion by Mr. JONES, the report and bill were laid on the table.
Mr. COBB, from the Committee on Corporations, returned Mr. Odell's bill (103) recommending the adoption of a substitute therefor.
On motion by Mr. COBB, the bill was read a third time and passed - yeas 39, nays 5.
On motion, Senate bills 102, 85 and taken from the table and placed upon the files.
The following bills were introduced and passed the first reading:
By Mr. MURRAY: (247), fixing the compensation of Governor [$3,000] and members of the General Assembly [$4 per day and 12 cents mileage.]
By Mr. BOBBS: (248), to amend section 26 of an act providing for opening, changing or vacating of highways, approved June 11, 1852.
Mr. LINE offered a resolution, which was rejected upon a division - affirmative 18, negative 18 - giving the use of the Senate Chamber to night for a meeting of the Indiana Historical Society.
AFTERNOON SESSION.
On motion by Mr. TARKINGTON, Mr. Wagner's bill (187) creating six additional blanches of the Bank of the State of Indiana was considered.
Mr. BENNETT withdrew his amendment-striking out the words "together with the amount of their capital stock" - for the purpose of allowing -
Mr. STUDABAKER to offer a substitute for the pending amendment [the first one printed on page 218 of these Reports, proposed by Mr. March,]which will make section 2 read as follows:
The capital stock and real estate of said bank and branches shall be subject to the same rate of taxation for State and county purposes, as the capital or property of individuals is taxed, which taxes shall be paid by the bank or branches.
Senators Heffren and Murray favored the substitute, Senator March opposing.
After further debate by Senators Bobbs, Tarkington, Robinson and Williams -
The substitute was adopted - yeas 30, nays 17.
Mr. WAGNER moved that the bill be considered as engrossed and read the third time now, and upon that motion he demanded the previous question.
There being a second, the bill was read the third time - yeas 26, nays 18and failed to pass, by yeas 24, nays 19 - as follows:
YEAS. - Messrs. Anthony, Beeson, Bennett, Blair, Brown,Conner, Cooper, Cravens, Culver, Green. Hamilton, Heffren, Hill, Johnston, Jones, Murray, Odell, Rice, Steele, Stevens, Tarkington, Thompson, Turner and Wagner. - 24.
NAYS. - Messrs. Bobbs, Carnahan, Cobb, Conley, Craven, Fisk, Gooding, Hargrove, Hendry, Kinley, Lomax, McClure, March, Miller, O'Brien, Robinson, Slack, Williams and Willson - 19.
THE PUBLIC PRINTING.
On motion by Mr. HEFFREN, the printing bill 192 was considered.
Mr. CONLEY thought the bill was to legislate the present State printer out of office. He was willing to reduce the prices paid for printing but would not vote for the bill because it turns the present State Printer out of office.
Mr. HEFFREN stated that the present State Printer goes out of office the first day of August, anyhow, for his commission only extended to that time.
page: 235[View Page 235]Mr. HAMILTON said he would not vote to abolish the office, but would vote to reduce the prices.
Mr.STUDABAKER moved to recommit the bill to a select committee, with instructions to so amend the bill as to continue the office of State printer, but to reduce the prices now paid for the public printing.
Mr, HEFFREN moved to lay the motion to recommit on the table.
The motion was agreed to-yeas 28, nays 16.
Mr. STUDABAKER moved to recommit with instructions to strike out section 10.
Mr. SLACK moved, as additional instructions, to amend so that the superintendence of the pubic printing, the binding and distributing of the laws be let to the lowest bidder.
Mr. MURRAY demanded the previous question.
There being a second, under its operation, the motion to recommit was lost - yeas 16, nays 29; and the bill passed by yeas 31, nays 14 - as follows:
YEAS - Messrs. Beeson, Bennett, Blair, Bobbs, Brown. Conner, Cooper Cravens, Craven, Culver, Green, Heffren, Hendry, Hill, Johnston,Kinley, Lomax, McClure, March, Murray, Odell, Rice, Robinson, Shoemaker, Steele, Stevens, Tarkington, Thompson, Turner, Wanner and Williams - 31.
NAYS - Messrs. Carnahan, Cobb, Conley, Fisk, Gooding, Hamilton, Hargrove, Jones, Line, McLean. Miller, Slack, Studabaker and Wilson - 14.
Mr. GOODING makes the following explanation of his vote: Mr. President, it is well known to this Senate that I favor a great, reduction of the prices paid the State Printer, and would so vote, but I can not now consent to abolish the office, believing as I do that personal reasons and political considerations have prompted this attempt to abolish the office after the election of Colonel John C. Walker, a Democrat. Again, I say that I am anxious to reduce the costs of State printing at least thirty three per cent., and would have voted to abolish the office before the election, but, neither party seemed willing at that time. I say now let us reduce the prices, but not abolish the office. Another objection to this bill is, that I fear the object is to establish at the Capital an office-holders' organ to take charge of the Democratic party, the State Sentinel having lost its character and power as a Democratic paper.
Mr. McLEAN makes the following explanation of his vote: He opposed the bill from the belief that under its provisions there would be more abuses than under the present law - that under its provisions it would cost the State as much to do the public printing as under the existing laws. This has been the experience of other States which have let out the printing to the lowest bidders. If the present law is defective, and the cost of printing under its provisions is too high, let the law be amended or modified and the cost of printing reduced. Under the law proposed the letting out of the printing would be a matter of personal or partisan favoritism with foe Secretary of State, who has charge of it, and as such he should oppose the bill under consideration.
So the bill passed the Senate.
WABASH AND ERIE CANAL.
On motion by Mr. HAMILTON, the bill (212) releasing the right of the State to redeem the Wabash and Erie Canal, was considered.
On motion by Mr. CONNER a communication from the Attorney General, giving as his legal opinion on the bill under consideration that there was nothing in it which could be construed to make the State liable, was read by the Secretary.
On motion by Mr. STEELE it was ordered to be spread upon the journal.
Mr. LINE moved to amend Mr. Carnahan's motion on page 217 of these reports by inserting a provision that if any person or persons shall take the canal and fail to keep up the bridges, the State shall not be bound to pay for the bulling or repairing of said bridges.
Mr. CRAVENS [Mr. Wagner in the Chair] spoke against the bill, not that he opposed it in principle, but because he apprehended the provisions of the bill were such as would bring upon the State many and complicated difficulties.
[ A message from the Governor announced his approval and signature of the bills (H. R 16) defining misdemeanors; (H. R. 20) prohibiting the carrying of concealed weapons; (H. R. 259) changing the time of holding the Courts of Common Pleas in the counties of St. Joseph, Marshall and Stark, and (H. R. 27) authorizing road companies to consolidate their stock with similar companies]
Mr. RICE wished to be heard briefly upon the bill under consideration - as no subject of legislation affected his constituents more vitally than the question of maintaining the Wabash and Erie Canal, and while he was opposed here and elsewhere to appropriating one cent out of the State Treasury for such purposes - and while he was also opposed to the passage of any law, which would in the slightes degree involve the State in any liability to the the Bondholders for that portion of our public debt which was discharged by the transfer of the Wabash and Erie Canal - yet he was in favor of and his constituents asked of this Legislature such legislation as would prevent that great work traversing the the State diagonally from north-east to south west, a distance of some three hundred and eighty miles, and that, too, through the richest and fairest portion of the State, from abandonment and general ruin. And while the bill under consideration vigilantly guarded the interests of the State, it provided the needful legislation for the mantainance of the Canal. He could not see the force or pertinence of the objections to the bill the idea that the State, by relinquishing the right of redemption of the Canal, thereby incurred or revived the original debt liquidated by its transfer, seemed to him preposterous and absurd. He did not so understand the law. or common sense, as applied to the business transactions of life. He discussed the bill by sections, and was in favor of its general provisions. He further proceeded to show how his constituents would be effected by the abandonment of the Canal. This work passed through the entire length of his county - a distance of more than thirty five miles-and at least one million of bushels grain were shipped annually from his county upon the Canal. During the suspension of navigation last page: 236[View Page 236]summer, when his constituents had to de end upon the railroad for the transportation of their grain, they had to pay three cents additional to Canal transportation - this item of three cents per bushel, would lose to his constituents some thirty thousand dollars - then the additional expense of hauling one half millions of bushels of grain to the railroad, would be at least five cents per bushel, which-would make some twenty-five thousand dollars more- These two items would make some fifty-five thousand dollars, which his constituents would lose annually by the abandonment of the Canal. The Canal traversed some fourteen counties, and he supposed his to be an average - then multiply the above sum by fourteen, and you have the enormous sum of more than three quarters of a million o dollars that these counties would lose annually by the abandonment of the Canal. These considerations he urged upon the consideration of the Senate, and particularly upon those Senators who were not immediately interested.
NIGHT SESSION.
Mr. LOMAX, by leave, from the select committee thereon, returned his bill (205) fixing the time of holding Common Pleas Courts in the counties of Washington, Harrison, Orange and Crawford.
On motion by Mr. HEFFREN, the bill was read the third time and passed - yeas 40, nays 0.
The special order - Mr. Jenning's joint resolution (11) on the subject of the African Slave Trade and Colonization, was now considered.
Mr. KINLEY moved to amend by striking out the words "and also relieving us of a population, which although with us, can never be of us in social or political rights."
Mr. McLEAN demanded the previous question.
There being a second, the amendment was rejected yeas 10, nays 33.
The resolution was then adopted - yeas 30, nays 13.
Mr. GOODING, from the Committee on Free Conference, returned the bill (H. R. 20) on temperance, recommending that the Senate secede from its engrossed amendment, and the a option of an additional section. [See House proceedings.]
Mr. Murray favored and Mr. Heffren opposed.
Mr. McLEAN moved that the Senate concur in the report of the committee.
The motion was agreed to, by yeas 23 nays 18, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Cobb, Cooper. Cravens, Culver, Gooding, Green, Hendry, Jones, Line, McLean, March, Murray, Rice, Robinson. Steele, Studabaker, Thompson, Turner, Wagner, and Wilson - 23.
NAYS - Messrs. Brown, Carnahan, Conner, Fisk, Hamilton, Hargrove, Heffron, Johnston, Kinley, Lornax, McClure, Miller, O'Brien, Odell, Shoemaker, Slack, Stevens, and Tarkington - 18.
Mr. GOODING makes the following explanation of his vote: Mr. President, I shall now vote for this bill, regarding it as the only chance of obtaining any law at this session. Rather than go home and leave the State and the people without any law to protect them from the evils of intemperance, I will vote for any constitutional bill on this subject, however objectionable some of its unimportant i may be.
One objection I have to the bill is prohibiting the sale of cider or native wine by another person than the manufacturer, in less quantity than one gallon. I do not indorse or approve the bill, but only support it between the unrestricted sale of liquor consequent evils, and this bill with its imperfections.
Mr. TURNER makes the following explanation of his vote:
Mr. President - It is well known that I have uncompromisingly opposed this bill from the first, but there are some provisions in the bill that I heartily approve of, while the main portions of it I as heartily oppose. Believing, as I do, that traffic in intoxicating liquors is a great moral as well as political evil, fostering pauperism, misery and crime, and producing more evil than any or all other crimes known in this or perhaps any other country, I could not, under any circumstances, lend my influence to legalize so great a wrong; and believing that this provision is not wrong in itself, but calculated to make the bill more acceptable to the temperance people of Indiana. Believing that if it fails now, it willbe impossible to pass any Temperance Law this session; I, therefore, solemnly protesting against the right of any Legislature to license a moral evil, reluctantly vote "aye."
The PRESIDENT pro tempore decided that the bill should be yet read through and passed by yeas and nays.
Mr. MURRAY appealed from the decision of the Chair
Mr. SLACK moved to lay the appeal on the table.
The motion was rejected - yeas 13, nays 29.
The question being shall the decision of the Chair stand as the judgment of the Senate? It, was not so decided yeas - 20, nays 23.
Mr. HEFFREN gave notice of a protest against such ruling
On motion of Mr MCLEAN the Wabash and Erie Canal bill (212), [described on page 179 of these Reports] was taken up.
