IN SENATE.
THURSDAY, January 24,1861.Mr. WILSON presented a memorial from a mass meeting held in Vigo county, on the 19th inst., which was read and referred to the Committee on Federal Relations.
Mr. HULL presented something in the nature of a railroad proposition, concerning killing of stock, &c., which was read and referred to the Committee on Corporations.
QUAILS AND PHEASANTS.
Mr. BEESON, from the Committee on Agriculture, to which was referred Mr. Claypool's bill, [S. 19,] relating to the killing of quails and pheasants, returned the same, recommending passage, with an amendment making the time between the 1st of November and the 1st of February, and reducing the fine one half.
The Senate concurred in the committee report.
SHEEP-KILLING BY DOGS.
Mr. JOHNSON, from the same committee, returned Mr. Jones's bill, [S. 16,] requiring assessors to number sheep killed by dogs, &c., recommending passage.
The committee report was concurred in.
TOWNSHIP TRUSTEES.
Mr. MILLER, from the Committee on Education, returned Mr. Lomax'a bill, [S. 13,] doubling the term of office of township trustees, recommending its reference to the Committee on County and Township Business.
The committee report was concurred in.
Mr. CARNAHAN moved to instruct the committee to amend the bill by doubling the pay of trustees.
Mr. Miller favored, and Messrs. Turner, Claypool, Stone and Hull opposed the motion.
Mr. CLAYPOOL moved to instruct the committee to inquire into the expediency of abolishing the office.
These two motions were laid on the table.
FEDERAL RELATIONS.
Mr. MARCH asked and obtained leave to record his vote in favor of the resolutions on the State of the Union, adopted in his absence yesterday morning.
Mr. SHIELDS obtained leave to vote "no" upon the same resolutions, and said: I should on the first blush have voted to concur in the majority report, but upon second examination I find that the report denies that our Southern brethren have any right to complain ; in that I cannot concur, and for that reason I shall vote against the report.
REPLENISHMENT OF THE TREASURY.
Mr. JONES offered a resolution, which was adopted by consent, directing the Finance Committee to inquire into the expediency of reporting a bill requiring county treasurers to pay into the State Treasury what revenue they may have in their hands on the 15th of February, 1861.
INSOLVENT PRISONERS.
Mr. O'BRIEN offered a resolution, which was adopted by consent, requesting the Judiciary Committee to inquire into the expediency of empowering county boards to discharge all persons imprisoned for failure to pay fine on account of the insolvency of such persons.
INDIANA UNIVERSITY.
Mr. MARCH offered a resolution, which was adopted by consent, requesting the Trustees of the Indiana University to report to the Senate the present condition of the University fund, what losses have occurred, making suggestions, &c.
CAUSES FOR DIVORCE.
Mr. CRAVENS offered a resolution, which was adopted by consent, instructing the Judiciary Committee to inquire into the ex page: 96[View Page 96]pediency of adding to the causes for which party shall be entitled to a divorce idiocy an hopeless insanity.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading without objection:
By Mr. NEW COMB: [70] For the relief of John N. White.
By Mr. WAGNER: [71] To provide for th incorporation of street railroad companies.
By Mr. RAY: [72] Supplemental to the mililitia law, approved June 14, 1852, repealing sections 3 to 20 inclusive, and for a more per feet organization of the militia. The rule was suspended-yeas 35, nays 0-the bill read the first and second time by title only, laid on the table and 300 copies ordered printed.
By Mr. LOMAX: [73] To amend an act authorizing Agricultural Societies to purchase and hold real estate, approved February 7 1855. The same bill that passed the extra session of 1858, but which never found it way in the laws.
By Mr. CRAVEN: [74] Fixing the times of holding the Circuit Courts in the seventh Judicial Circuit. The rules were suspended-yeas 34, nays 0-the bill read the second time by title only, and referred to a select committee composed of Senators whose constituents are interested in the bill.
By Mr. WILSON: [75] To amend section 5 of an act to provide for the sale of county seminaries, &c., approved June 12, 1852.
By Mr. O'BRIEN: [76] To legalize the listing and assessment of property in cities of this State, making out the tax duplicate and authorizing treasurers to collect taxes in certain cases.
By Mr. JONES: [77] To limit the jurisdictions in civil cases to the county or township where one or more of the parties liable to judgment and execution resides.
By Mr. MARCH: [78] To provide for oral argument and speedy decision of cases in the Supreme Court.
WORK FOR COMMITTEES.
On motion of Mr. CONNER, the order of business was dispensed with, and Senate bills, described on pages -- and 69 of these reports, were read the second time and severally referred as follows:
Mr. Anthony's Military bill [S. 28] was taken from the table and referred to the Committee on Military Affairs.
Mr. Ferguson's [39] and Mr. Hull's [41] to the Committee on Corporations.
Mr. Conley's [42] to the Committee on Organization of Courts.
Mr. Wilson's [44] and Mr. Mellett's [45] to the Judiciary Committee.
Mr. Landers' [46,] proposing severe penalties against election frauds, was laid on the table, and 200 copies ordered to be printed.
Mr. Landers' [47,] defining the qualifications of voters, being read-
Mr. SHIELDS. I move to strike out "sixty days" and insert "thirty days." There is a large number of railroad men residing in my county, and I would like to have no law by which they would be deprived of the right to vote or be virtually disfranchised. I think that thirty days would be sufficient to prevent the evils which have been heretofore practiced in Indiana.
Mr. NEWCOMB. I am as anxious as any man can be to pass laws guarding the ballot box, but I don't think the class of men spoken of by my friend from Jackson, [Mr. Shields,] ought to be specially legislated for. It seems to me men who are residents of one county to-day and another to-morrow, have not that peculiar interests in the affairs of any county that a voter ought to have. I would rather say fifty or sixty days than thirty days.
Mr. RAY. It does seem to me there ought to be a distinction made between the qualifications of voters at township elections and voters at State and Presidential elections. There is no great reason why a voter should not be allowed to vote upon thirty or even ten days in township elections, but he should have a longer residence before voting at a State or Presidental election. If the clause referred to did not apply to township elections, I would be willing to vote for the bill.
Mr. SHIELDS. I would say that these men who are engaged in managing railroads are not temporary men ; If I understand it they educate their families well, and intend to be permanent citizens; and I would, on behalf of this people, call upon the Senate to provide means by which these men shall not be cut off rom a participation in our government.
Mr. LANDERS. If the Senate thinks thirty days are amply sufficient, I am willing to submit to the amendment. My own opinion is that nothing short of sixty days will stop the frauds in the section of country where I live.
Mr. CLAYPOOL. I do not know but ten days would do in my portion of the country, but in other portions of the country, I am in favor of sixty days-we ought to have the law sufficiently ample to prevent emigration. If we put it at thirty days, it seems to me the law will not have that effect we desire it shall have. As much interest is taken in local elections usually as in the most important residential election; and for the purpose of having the law acting alike, I am in favor of sixty days.
Mr. JOHNSON. I am anxious to have some revision made by which this importation of voters may be stopped, but my opinion is, an attempt to enforce this law will be decided unconstitutional.
Mr. CARNAHAN. A large portion of farm laborers live along the township lines ; the revisions of this bill would cut off that large class of voters, and I am satisfied it would be unconstitutional.
Mr. CONLEY. I hope the amendment will not be adopted. As regards the constitution page: 97[View Page 97]ality of this bill, I am not prepared to say anything but I am disposed to vote for it. I would rather see the residence placed at three months than sixty days.
Mr SHIELDS I will withdraw my motion and put it in a different form. I will move to strike out the word "sixty" wherever it occurs in the bill.
Mr. MARCH. I am willing to go as far as the farthest in order to preserve the purity of he ballot-box. There has been no frauds committed with us of which we complain, and therefore I am willing to conform my actions to the opinion of those who live in the sections where frauds are practiced. But why require sixty days residence in a township? let sixty days be required in the county and ten days in the township. The bill as it stands will cut off those who change their residence in March or February, and will throw the elective franchise into the hands of property-holders. I will not vote to compel a man to reside in a township sixty days before he can vote therein. It is not right and fair.
Mr. RAY. In view of the great evils we have suffered, I am willing to encounter all constitutional objections.
Mr. SHIELDS withdrew his motion to amend.
Mr. MARCH offered an amendment requiring sixty days residence in the county and ten days residence in the township, ward or precinct where the voter desires to vote.
Mr. LANDERS would be willing to accept the amendment.
Mr. WAGNER. By that amendment, men who move their families from one county to another on the first day of March can not vote at the April election. I will not vote to cut out such voters. One-fourth of my constituents are made up of that class of men. I am in favor of a law which would require absolute residence, but I can vote for no bill which will disfranchise so many of my constituents.
Mr. JOHNSON moved that the bill and pending amendments be referred to the Committee on Elections.
Mr. CRAVEN made an ineffectual motion to instruct the committee to report two bills on the subject.
The motion to refer was agreed to.
And then-
On motion, the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
A message from the House announced the passage of a joint resolution [H. R. 23] requiring State officers to distribute all journals, acts, statutes, reports and other documents authorized under any existing law.
WORK FOR COMMITTEES.
The Senate proceeded in the disposition of bills-described on pages -- and 69 of these reports>on their second reading, referring them as follows:
Messrs. Cravens's [43,] O'Brien's [50,] and Ray's [59,] to the Committee on Corporations.
Messrs. Newcomb's [49,] Turner's [56,] Wolfe's [57,] and Bobbins's [60,] were ordered engrossed for a third reading.
Messrs. Murray's [51 and 63,] and Mr. Wagner's [66] (without reading-acting upon the suspension of the rules made yesterday, when this bill was read the first time by title only,) to the Committee on Education.
Messrs. Claypool's [52,] Line's [54,] Shields's [62,] Craven's [64,] Shoemaker's [65,] Newcomb's [58 and 59] (read by title only, under a suspension of the rules yesterday afternoon,) to the Judiciary Committee.
Messrs. Conley's [55] and Shoemaker's [58] to the Committee on Finance.
Messrs. Miller's ]53] and Murray's [61] to the Committee on County and Township Business.
Mr. Blair's [67] to the Committee on Claims.
Mr. TURNER, by leave, introduced a bill [S. 79] to amend section 4 of the game law approved February 26, 1857, so as to make it unlawful to kill prairie chickens between the first of February and September in each year, instead of January and August, as the law now provides.
THE STATE AUDITOR'S REPORT.
Mr. WAGNER. In the Auditor's report I find several appropriations made by the last Legislature are overdrawn, and on our statute books I find a law prohibiting the Auditor from drawing after appropriations have been exhausted. As one of the committee having to look to these matters, I would like to test the sense of the Senate upon the propriety of the course of canelling these amounts and vouchers which have been drawn out over and above the appropriations by the Legislature. If we can not have our officers of State to abide by law, we need no legislature, and had better allow the State officers to use monies as they please. I earnestly protest against it and hope the men that overdraws again may go to breaking rocks in the penitentiary, where they should go for violating their obligations. If the appropriations had not been overdrawn, we would have had over $200,000 in the treasury to-day, while we have nothing, and the Governor, in a message to the House, recommending a loan.
Mr. JONES. If I recollect right, the law providing for extra sessions of the Circuit Courts had a provision to this effect, that the State Auditor should pay for those services out of any moneys not otherwise appropriated; and I think it is under this law that the State officers have acted, and charged under the heads of "Judiciary" and "Prosecuting Attorneys."
Mr. MARCH. I hope the Committee on Finance will not allow for warrants drawn to pay for these special terms of courts, for the law is a nullity.
page: 98[View Page 98]Mr. CLAYPOOL offered a resolution directing the Finance Committee to inquire into and report all warrants drawn on the treasury in violation of law.
Mr. CLAYPOOL. I do not know, myself, whether any warrants have been unlawfully drawn, but intimations of that kind have been made. If it is so, I would deal with overdrawn warrants as I would deal with forged drafts.
Mr. RAY. The course of this discussion is well calculated to reflect upon the official integrity of the Auditor of State. The specifications are that he has drawn largely beyond the appropriations for the Judicial department. The law is as stated by the Senator from Bartholomew [Mr. Jones.] Senators ought to be careful, it seems to me, how charges are made and severely commented upon without some basis for the remarks. It seems to me that nothing short of official delinquency should call for this kind of animadversions on the official conduct of any gentle man.
Mr. WAGNER. The Auditor has overdrawn largely on most of the appropriations. I don't pretend to say he has done any moral wrong, but that he has not complied with the strict letter of the law, and does not deny it.
Mr. NEWCOMB reviewed the Auditor's report at some length, and said: We have a set of legislators outside of these halls who undertake to appropriate monies belonging to the State without the proper authority, and we have got to stop this way of doing business, or we will have no treasure. I will vote to make an example of the present officers, and let them get out of the difficulty the best way they can, or for a law imposing some strong penalties on the incoming officers. I think with the Senator from Warren [Mr. Wagner,] we may as well abolish the Legislature as to let this thing go on.
Mr. RAY. The misapprehension all grows out of a misconstruction of the law of 1859. * * * * I desire gentlemen to understand that I do not appear here as an advocate of a loose system of drawing upon the treasury.
Mr. ROBINSON. I had thought the amendments were made two years ago to put officers on their guard against drawing moneys unauthorized by law. There was just such a squabble in this Chamber two years ago, and I thought an overdraw of the people's money would not be recognized hereafter. I was then for putting a check once for all upon this waste of-the public treasure. Mr. R. cited the overdraw in the case of the northern state prison, reflecting severely thereon at some length, and closed by saying: With these remarks, I think you will find I am ready to "cut these things off at the knees."
Messrs. Newcomb, Ray and Wagner made some further remarks upon the subject.
Mr. STEELE cited a direct enactment prohibiting the State Auditor from drawing money unless there be a fund upon which to draw.
The resolution was then adopted.
On the motion of Mr. CONNER, Mr. Claypool was added to the Committee on Finance.
Mr. SHOULDERS presented a petition from Dubois county praying for the repeal of the new county acts of 1857 and 1859, which was read and referred to the special committee on new counties and county lines.
Mr. CONLEY introduced a bill [S. 80] to repeal an act for the protection of wild game &c., approved February 26, 1857, which was passed the first reading without objection.
And then-
On motion, the Senate adjourned.
