IN SENATE.
WEDNESDAY, February 20,1861.On motion by Mr. MURRAY, the reading of yesterday's journal was dispensed with.
PETITIONS, MEMORIALS, &C.
By Mr. WILLIAMS, signed by 240 citizens of Knox county, without distinction of party: by Mr. SLACK, of 179 names; and by Mr. LANDERS, praying that an adjustment of our national difficulties may be had upon a basis similar to the Crittenden proposition; which was referred to the Committee on Federal Relations.
By Mr. LINE : From the Indiana Historical Society, asking Legislative aid; which was referred to a Select Committee, viz: Senators Line, Newcomb and Hamilton.
REPORTS FROM COMMITTEES.
By Mr. CLAYPOOL: Banks-returning his bill 121-see page 163 of these Reports-recommending passage.
page: 249[View Page 249]By Mr. DICKINSON: Temperance-Senator Cravens' 20-see page 30-passage.
By Mr. LINE : Select Committee-reporting in accordance with a petition a bill [S.210] To aid in the collection and preservation of historical materials relating to the early settlement of the State of Indiana,
By Mr. RAY: Judiciary-his bill 185, Shelby county common pleas courts-passage.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading:
By Mr. MARCH: [211] To amend sections 238 and 241 of the Practice Act, approved June 18, 1852; so as to provide for the examination and taking depositions of parties in civil actions and proceedings.
By Mr. CLAYPOOL: [212] To fix the time of holding circuit courts in the 16th Judicial Circuit.
By Mr. O'BRIEN : [213] To legalize deeds of conveyance of real estate, and debar married women from any right or interest in such real estate in certain cases.
By Mr. BEARSS: [214] To amend section 2 of an act to amend the 3d section of an act establishing courts of common pleas, &c., approved March 1, 1859 ; so as to raise the salary of the common pleas judge from $1,000 to $1,200.
By Mr. BEESON: [215] To repeal the act providing for the erection of a new prison (Michigan City) north of the National Road, approved March 5, 1859.
By Mr. JOHNSON: [216] To amend sections 1 and 2 of an act relative to special elections, approved May 13, 1852; so as to provide for the election of a Governor of Indiana, to fill the vacancy caused by the resignation of Hon. Henry S. Lane, lately elected U. S. Senator.
Mr. MILLER, from the Committee on Education, returned Senate bills 66, 10, 63, 51, with sundry resolutions and petitions proposing amendments to the common school law, recommending that they lie on the table, and reporting a bill [S. 217] To provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and for the establishment and regulation of Township libraries. On his motion, the rules were suspended-yeas 80, nays 4-and the bill read the first and second time by title only.
Mr. MILLER moved to lay the bill on the table and print 200 copies. The bill has the sanction of Mr. Rugg, late Superintendent of Public Instruction, as well as Mr. Fletcher, the present incumbent. It does not propose a radical change in the common school system, hut is intended to be an amendment to the law of 1855. This bill makes each town and incorporated city an incorporation for school purposes the same as a township, making a general and uniform system ; it provides that the distributive share of the common school fund shall remain in the county treasuries where it is collected, and that so much of the common school fund shall never be brought to the State treasury at all; it extends the power of school examiners, and provides for a public examination of teachers once in three months, together with a change in their qualifications.
The motion to print was agreed to and the committee report concurred in.
[Leave of absence was obtained for Mr. Dickinson during the balance of the week.]
PERFECT RAILROAD TITLES.
The PRESIDENT announced the consideration of the unfinished business of yesterday, viz:
Mr. Hamilton's bill 31-see page 45 of these Reports-on the third reading; being identical with the bill H. R. 33.
On motion by Mr. CRAVEN, the bill was recommitted to a select committee of three (Senators Craven, Newcomb and Wagner,) with additional instructions to so modify the bill as to obviate some of the objections that have been urged, if the committee find it practicable to do so consistent with the object of the bill.
THE STATE BORROWING MONEY.
On motion by Mr. WAGNER-yeas 30, nays 17-after various objections, the bill [H. R. 104,] to provide for a deficiency in the State treasury by a loan of $75,000 from the sinking fund-see pages 111, 117, 164, 176 and 212 of the BREVIER LEGISLATIVE REPORTS-was taken up.
Mr. WAGNER. We are without a dollar in the treasury, and the Governor has a communication from the State Agent in New York, stating the fact that we are owing, and that there is immediately due, several thousand dollars, and he has not a dollar to pay it with. You have got to have money this week, and it is the business of the Legislature to preserve the credit of the State.
Mr. MURRAY moved to recommit the bill, with instructions that said commissioners shall notify the treasurers of the respective counties of the amount of said sinking fund belonging to their counties thus borrowed for the use of the State, with instructions to retain said amount out of any revenue belonging to the State of Indiana, or hereafter paid into the county treasury,
[Messages from the House announced the passage of the bills H. R. 31, 32, and 199.]
Mr. MURRAY. If an amendment of that kind could be incorporated in the bill, I would be perfectly willing to vote for it. It is to save expense of transportation of the revenue that I desire to incorporate this amendment, and to make the repayment of the loan beyond a shadow of doubt. If it is the intention, which I fear is lurking underneath, to take that fund and divert it from the purposes and; objects of the law of 1859, I am opposed to it. I denounce it as a thing unsafe, for the Re page: 250[View Page 250]publican party to undertake to convert this fund into the payment of the State debts. I warn my Republican friends that if they go out before the people on this question, nine-tenths of the people of all parties would say, we have no right to touch this fund. He spoke at length in favor of his amendment, and in opposition to the bill unless his amendment was adopted.
Mr. CLAYPOOL. In some measure my mind has undergone a change, not in regard to the principle of the bill, for I am satisfied the principle of the bill is wrong; that is, that it is wrong to borrow from the various trust funds of the State. If a bill could be pressed through borrowing from the bank, I would much prefer it, but I fear it cannot be done. I have recently become satisfied that it-is not only for the interest of members upon this floor and the other floor, but the interests of the State: demand that we shall have some funds. I have become satisfied that we can so well get it in no other way ; and I do not believe any great or serious injury could result from the provisions of this bill. I am satisfied it would be very likely to be paid back, but if it should not be paid back, I don't know that the State of Indiana would suffer very severely; it would only be loaning this money to all the citizens instead of to four or five borrowers in each county. I understand it to be a direct loan to all the citizens of the State, and I should not oppose a proposition looking to that end. It is known that the credit of the State of Indiana will suffer, unless means are realized in a very short time. Interest is coming due on our debts, and protests following non-payment. I undertake to say that the protest of a solitary bond of the State of Indiana would result in more injury to the State than the entire loss of the $75,000 proposed to be borrowed.
Mr. STUDABAKER. The argument urged in favor of the passage of this bill is the same used two years ago, when a loan was made from this same fund. That argument is the plea of necessity: and that same argument has taken possession of more than a million and a half of this fund, and without-any reasonable prospect, at the present time, of its being refunded. The relation the State maintains to this fund is that of trustees-he, holds it in trust for the benefit of the children of the State; and there is a principle that runs all through the relation of a trustee in regard to the trust, that forbids him to lay his hands on the trust estate to convert it to his own use. The people of the State look upon this fund as sacred. [Mr. S. spoke some time in opposition to the bill-urging the adoption of Mr. Murray's amendment if the bill be passed.]
On motion by Mr. WAGNER, the motion to recommit was laid on the table-yeas 25, nays 22.
Mr. STEELE demanded the previous question.
Mr. SLACK made an ineffectual demand fo a call of the House-yeas 22, nays 26.
Mr. COBB made an ineffectual motion to adjourn-yeas 18. nays 30.
Mr. SLACK. I move a call of the Senate-
The PRESIDENT. The Chair will exercise its discretion; as those motions are made fop the purpose of delay, I will decide this motion out of order.
Mr. SLACK. I will appeal from the decision of the Chair, and ask time to submit nr appeal in writing.
The PRESIDENT. Certainly.
On motion of Mr. BLAIR, the appeal was laid on the table-yeas 31, nays 16.
Mr.COBB. I move a call of the Senate.
The PRESIDENT. The Chair will decide that motion out of order.
Mr. COBB. From that decision I appeal.
The PRESIDENT. The Chair will not entertain the motion for an appeal.
The demand for the previous question was then sustained by 26 Senators.
Mr. SLACK moved to adjourn.
The PRESIDENT. The motion is not in order. The question is on the passage of the bill.
The bill failed for want of a constitutional majority-yeas 25, nays 23-as follows:
YEAS-Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Craves of Jefferson, DeHart, Dickinson, Grubb, Hamilton, Hull March, Mellett, Miller, Newcomb, Steele, Stone, Teegarden, Turner, Wagner, and White-25.
NAYS-Messrs. Carnahan, Cobb, Conley, Ferguson, Johnson, Jones, Landers, Line, Lomax, Murray, O'Brien, Odell. Ray, Robinson, Shields, Shoemaker, Shoulders, Slack, Studabaker, Tarkington, Williams, Wilson,,and Wolf-23.
Mr. TARKINGTON moved to recommit with instructions to strike out "sinking fund" and insert ''Bank of the State."
Mr. JOHNSON submitted additional Instructions to strike out from the enacting clause and insert a new bill.
On motion of Mr. WAGNER, the motions to recommit were laid on the table-yeas 26. nays 21.
Mr. WAGNER moved that the bill take its place on the files.
Mr. TARKINGTON ineffectually moved-yeas 19, nays 26-to table this motion.
Mr. TARKINGTON, moved to recommit the bill'with instructions to amend, so that the whole amount due the common school fund, with the amount we now want to borrow, be borrowed from whatever fund the bill may provide.
Mr. MURRAY submitted additional instructions to amend., by providing for the re-payment of this fund out of the revenues of the several counties to which the fund to be borrowed may belong,
On motion by Mr. ROBINSON, the motion to recommit were laid on the table-yeas 27, nays 20.
Mr. ROBINSON. I move for a re-vote upon the bill. I do this because this bill has been put through here under the previous question, page: 251[View Page 251]and from my timidity I did not have an opportunity of giving my opinion in regard to it. Upon reflection, I am satisfied, under the operation of the embezzlement bill passed yesterday this money now sought to be borrowed, must and will be paid back, in accordance with the provisions of this bill, in May next. The only reason why I voted against the bill upon its final passage, was from the fact that I thought it was a reasonable proposition, that the State revenue should be retained by the several county treasurers, and applied as though distributed by the sinking fund commissioners, [as proposed in the instructions submitted by Mr. Murray.] These are the reasons why I submit the motion asking a re-vote upon the question, and upon that I call-the previous question.
Mr. LINE. It is not in order for a gentleman who voted against a proposition, to move a reconsideration.
Mr. CRAVEN. I move for a re-vote.
This motion was agreed to.
Mr. WOLFE made an ineffectual motion to adjourn-yeas 14, nays 27.
Mr. CRAVEN demanded the previous question, and the demand was seconded by 26 Senators.
The bill was then finally passed, by yeas 26, nays 11-as follows :
YEAS-Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Cravens of Jefferson, DeHart, Dickinson, Grubb, Hamilton, Hull, March, Mellett, Miller, Newcomb, Robinson, Steele, Stone, Teegarden, Turner, Wagner, and White26.
NAYS-Messrs. Carnahan, Ferguson, Johnson, Line, Lomax, O'Brien, Odell, Ray, Studabaker, Williams and Wilson-11.
Mr. JOHNSON moved to amend the-title, viz: "A bill for the purpose of stealing the school fund."
This motion was rejected by yeas 9, nays 30.
And then came the recess till 2.
AFTERNOON SESSION.
The PRESIDENT laid before the Senate a communication from the Attorney-General, in reply to a resolution concerning the Calumet feeder data. On Mr. TURNER'S motion, it was laid on the table and 200 copies ordered printed.
Mr. LINE Offered a resolution, which was adopted by consent, requiring the Committee on Finance to inquire whether legislation is necessary to carry more fully into effect the provisions of the act of March 5, '59, relative to the salaries of public officers, &c.
STOCK KILLED BY RAILROADS.
The PRESIDENT announced the order to be the consideration of Senator Craven's bill 48-see page 59 Of these Reports-the question being on recommitting, with instructions pending at the time of adjournment last Monday.
Mr. CRAVEN hoped the Senator from Ripley or other Senators will not attempt to load down this proposition with amendments that will tend to kill it; but that the Senate will consent to take a direct vote upon it.
Mr. HULL desired to deal justice to both farmers and railroads, and insisted upon his instructions with regard to the killing of stock at the crossings of highways.
On motion by Mr. COBB, the motions to recommit were laid on the table.
Mr. JOHNSON moved to recommit, with instructions to strike out the word "two-thirds" and insert the word "one-half." He was not here particularly to legislate for those who allow their stock to run at large for the purpose of being killed by railroads, but was willing to divide this thing equally and fairly. He did not think the railroads should be made to pay more than one-half the value of stock killed by accident.
Mr. NEWCOMB doubted whether the Supreme Court would sustain this bill if passed into a law. There is no justice in requiring roads to pay for stock killed at the crossings of streets or highways. The bill should be entitled "An act to fence up the State of Indiana," for it requires, by implication, that all the public highways should be fenced up. It is in effect repealing the highway law. He had no hesitation in voting against the bill.
The motion to recommit was rejected.
Mr. MARCH suggested that a justice of the peace should have jurisdiction only in the amount usual. The bill now gives concurrent jurisdiction to judges of circuit and common pleas courts and justices of the peace. He moved to recommit, with instructions to amend by adding, that "actions brought under the provisions of tills act shall be governed by the same rules as to the jurisdiction and fixing of costs, as far as relates to matters" in,controversy, as in other civil cases."
Mr. BEESON submitted further instructions, providing that said stock so killed were adjacent to the land or in care of the owner of said stock.
Mr. CRAVEN made an ineffectual motion to lay this motion to refer on the table. The bill was then recommitted with the instructions submitted.
THE STATE BORROWING MONEY.
Mr. MURRAY submitted the following protest, which he asked be placed on the journals:
In protesting against the passage of the House bill, providing for borrowing seventy-five thousand dollars out of the school fund in the hands of the Sinking Fund Commissioners, for the purpose of paying the current expenses of the Legislature, and other debts of the State, the undersigned would give a few of the reasons for protesting against the passage of the bill.
1st. This Sinking Fund, principal and interest, was set apart for the education of the children of the State. After the expiration of the charter of the old State Bank, the Legislature passed an act authorizing the Sinking Fund Commissioners to distribute this fund among the several counties of the State, the principal to be loaned out in small sums upon good mortgaged security, and the interest to be divided among the several townships for educational purposes. The undersigned protests against the passage of this loan bill as a violation of this act.
2d. Various amounts from time to time have been abstracted by the State from this fund under similar pretexts, and not one dollar either of principal or interest has ever been repaid. The undersigned protests against this bill as likely, to result in a like loss to the fund.
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3rd. The State as a mere custodian or trustee of this fund, has no right morally or legally to appropriate it to its own use. If squandered, there is no power of redress. No bond-holder to say pay me what thou owest," and enforce by legal remedies against the State the obligation which she assumes. In behalf of a portion of the defenceless children of the State, the undersigned protests against the passage of the bill for this reason.
4th. As it is well known this Legislature must provide for a deficency in the receipts of the State to meet the current liabilities of former administrations to the amount of a million of dollars, which, added to the heavy and increasing public debt, puts it beyond the power to provide out of the public revenues (at an ordinary levy which is proposed to be laid upon the taxable property of the State for the coming two years for the repayment of this loan from the school funds), the provision in the bill requiring It to be paid back in ninety days cannot be complied with. The undersigned protests against it for this reason.
5th. There is no necessity for borrowing this amount, or any other amount from the school funds, as the Bank of the State stood ready to loan the State the required amount. Also, there are plenty of funds in the several county treasuries belonging to the State, amply sufficient to meet all present liabilities, awaiting the requisition of the State Treasurer, and upon a simple demand of that officer, would have been forwarded. For this reason, also, the undersigned protests against the passage of the bill.
The undersigned further protests against its passage, because a proposition offered by himself, providing for the re-payment of this sum to the school fund, by making it the duty of the county treasurers, upon the proper information from the fund commissioners, to retain their proportionate share so borrowed, out of the State revenue in their hands, was voted down by the Senate, establishing the fact beyond controversy, that the friends of the bill did not intend the amount so abstracted to be repaid out of the revenues of the current year. He cannot but view the system now inaugurated as jeopardizing the whole school fund, and consequently the educational interests of the State.
Respectfully submitted, C. L. MURRAY
Mr. SLACK moved that Mr. Cobb have leave to vote upon the passage of the loan bill.
On motion by Mr. LINE, this motion was laid on the table-yeas 26, nays 15.
Mr. COBB moved that Mr. Slack have leave to vote upon the passage of the loan bill.
On motion by Mr. WAGNER, this motion was laid on the table-yeas 27, nays 16.
[Pending these proceedings, humorous remarks were indulged in by several Senators causing frequent and general convulsions of laughter.]
The PRESIDENT said that, inasmuch as the Senate had indulged in considerable merriment, and two votes had been taken indicating the feeling of Senators, he should decide further motions of this kind out of order, unless under a suspension of the rules.
By consent, Mr. SHIELDS had leave to record his vote in the negative, on the passage of the bill.
The bill [H. R. 190] To provide for the expenses (30,000) of the present Legislature, was read the second time ; the rules were suspended-yeas 36, nays 2-and the bill was read the third time, and finally passed by yeas 38, nays 2.
WORK FOR COMMITTEES.
Senate bills were read the second time, and referred to Committees, viz:
- Finance-Messrs. Miller's 186, 197, March's 190, Wilson's 196, Stone's 207, Claypool's 208.
- Judiciary-Messrs. Conner's 187, Murray's 189, Wilson's202, Landers' 204, O'Brien's 205, March's 206, 209.
- Organization of Courts-Messrs. DeHart's 188.
- Roads-Messrs. Hull's 192, White's 193.
- County and Township Business-Mr. Stone's 194.
- Agriculture-Messrs. Carnahan's 195, Conner's 200.
- Education-Mr. Turner's 198.Messrs. Cobb's 199, and Cravens' 201 were ordered engrossed.
Pending the reading of these bills Mr. LINE made an ineffectual motion-yeas 27, nays 12-to read a second time his bill 210, introduced this morning.
Mr. MILLER, from the Judiciary Committee, returned his bill [90] defining the meaning of the words ''final judgments," recommending passage: which report was concurred in.
COMMITMENT ON FAILURE TO PAY COSTS.
On motion by Mr. COBB, the vote concurring in a Committee report, indefinitely postponing his bill 3on page 13 of these Reports was re-considered.
The question recurring on concurring in the Committee report-
Mr. MARCH opposed the bill.
Messrs. COBB and WOLFE favored.
After further remarks by Messrs. CRAVEN and NEWCOMB-
The PRESIDENT called attention to a standing rule, viz : "When a question is postponed indefinitely, the same shall not be acted upon during the session."
[Leave of absence was obtained for Mr. Stone during the week.]
NEW PROPOSITIONS.
Mr. WAGNER, under a suspension of the rules, introduced a bill [218] To amend section 1 of an act to enable trustees to receive lands and donations, and to convey the same for the use of schools, churches, &c., approved June 18, 1652.
Mr. TARKINGTON introduced a bill [219] to amend section 7 of an act to amend sections 207 and 208 of the practice act, approved June 18, 1852.
[Mr. BEARSS presented a petition from citizens of a township in Kosciusko county, praying that sections 5, 6, 7, 8, 17 and 18 in said county be attached to Fulton county by legislative enactment, which was referred to a Select Committee of three.]
The Senate then adjourned.
