IN SENATE.
TUESDAY, February 26,1861.On motion by Mr. BEESON, the reading of the journal of yesterday was dispensed with.
Mr. CONNER had leave to record his vote on the passage of the fish bill [S. 40] yesterday.
Mr. LOMAX presented two petitions, praying for an adjustment of national difficulties on the basis of the Crittenden amendments.
Mr. JOHNSON presented proceedings of a meeting in Clay county on the same subject.
These three papers were referred to the Committee on Federal Relations, under the rule.
REPORTS FROM COMMITTEES
Were made and concurred in, viz.:
By Mr. CLAYPOOL: Judiciary- returning Senator Stone's bill [207] regulating the fees of county treasurers; also, Senator DeHart's bill [235] to prohibit clerks and deputies from practising law, &c.; also, the bill [H. R. 8] providing for allowance to clerks and sheriffs: recommending passage.
[A message from the House announced the passage by that body of House bills 13, 42, 46, 52, 69, 81, 173, and 161.]
By Mr. MARCH: Judiciary-returning his bill [226], district attorneys to administer oaths in certain cases recommending passage.
By Mr. MILLER: Judiciary-returning the bill H.R. 39, described on page 223 and 224 of these Reports, and recommending passage, with an amendment to section 11, providing "that nothing herein contained shall be so construed as to affect any county now fully organized under existing laws."
Mr. SLACK moved to concur with an amendment, adding to the section : "provided that nothing herein contained shall, in any wise, affect, hinder, or interfere with any proceedings heretofore commenced for the formation of a new county, or a change of county boundaries under the law now in force relative thereto, but said proceedings shall progress to a final termination, in the same manner as if this act had not been passed."
On motion by Mr. HULL, this motion was laid on the table-yeas 34, nays 8.
Mr. HULL demanded the previous question, and the demand was seconded by 27 Senators.
The committee's report was concurred in.
Mr. STUDABAKER moved that the bill be considered as engrossed, and read the third time now. [He also demanded the previous question, but his demand was not heard by the Chair.]
Mr. ANTHONY. My opposition is not factious. Here is an attempt to ride rough shod over the rights conferred upon parties by the Legislature of the State of Indiana. He thought this motion uncourteous, made in the absence of certain interested parties, &c.
Mr. HULL. If the question had not been discussed heretofore in every possible shape and light, I would have extended the courtesy; but as I feel very much interested in the pas page: 286[View Page 286]sage of this bill, I must press the question, and therefore call for the previous question.
The demand was seconded by 26 Senators.
The motion was agreed to, and the bill was read the third time.
Mr. ANTHONY moved to recommit the bill, with instructions to amend the committee's amendment, by adding: "or any proceedings where the proposed new county to be formed under the nets heretofore in force, will contain over one thousand voters, nine-tenths of whom favor such new county."
On motion by Mr. MELLETT, the motion to recommit was laid on the table-yeas 33, nays 11.
Mr. JOHNSON demanded the previous question, and the demand was seconded by 26 Senators.
The bill was then finally passed, by yeas 37, nays 9.
- By Mr. WOLFE: Judiciary-returning Senator Turner's bill 43-see pages 69, 176, and 185 of these Reports-recommending that it lie on the table, for the reason that the House bill just acted upon embraces its subject matter.
- By Mr. COBB: Organization of Courts-His bill [118], 14th Judicial Circuit Courts-passage with amendments.
- By Mr.MELLETT: Finance- Senator Lander's 204-see page 244 of these Reports--indefinite postponement. Also, Senator Murray's 61-see page 88-refer to the Judiciary Committee with instructions to report a bill carrying out the object contemplated by a resolution relating to the salaries of public officers.
- By Mr. BLAIR: Finance-Senator Conley's 55-see pages 69 and 237 of these Reports-passage, with an amendment appropriating $30 to each member for stationery, newspapers, and postage.
- By Mr. CONNER: Organization of Courts-Senator Mellett's bill [191] 16th Judicial Circuit Courts-passage.
- By Mr. BEESON: Corporations-Senator O'Brien's [238] repealing laws for the incorporation of citiesfor the action of the Senate. Ordered engrossed.
- By Mr. SHOULDERS : Corporations-Senator Newcomb's [231] to amend an act for the incorporation of cities--passage.
Mr. JONES offered the following:
Resolved, That the Committee on the Judiciary be instructed to inquire, and report to the Senate at an early day: 1st. Whether the number of negroes and mulattoes in the several counties in this State are embraced in the census report, upon which an apportionment of Senators and Representatives is proposed to be made. 2d. Whether such apportionment, when made, if based on all the inhabitants of the State, negroes and mulattoes included, would be in conformity with the Constitution on the question of apportionment of Senators and Representatives. 3d. Whether this Legislature can, in conformity with sections 4 and 5, article 4, of the Constitution, apportion this State for Senatorial and Representative purposes during the present session of the Legislature.
Which was adopted by consent.
By Mr. CRAVEN : Corporations-returning Senator O'Brien's bill [50] amending the law for the incorporation of cities-passage. Also his bill 48see pages 69, 238, and 251 of these Reports-passage, with the amendment proposed by Mr. March, and printed on page 251: and recommending that all other amendments lie on the table.
By Mr. BEESON: Corporations-Senator Newcomb's [145] incorporating companies for agricultural purposes-lie on the table.
On motion by Mr. NEWCOMB, the bill was referred to a Select Committee, viz., Senators Newcomb, Craven, and Claypool.
By Mr. WHITE: Corporations-Senator Miller's 130-see page 184 of these Reports-lie on the table.
By Mr. WAGNER: Finance-his bill [2241 for the investment of the sinking fund in State stocks-passage.
Mr. STUDABAKER. This bill proposes to change the legislation of 1859, which passed both branches of the General Assembly very numerously ; and as far as I know, very acceptable to the people of the State. I move to indefinitely postpone the bill.
Mr. WAGNER. I am not vain enough to suppose this bill will be passed. It simply authorizes the Sinking Fund Commissioners to take the sinking fund money as it comes into their hands, and buy up the bonds of the State: to sink the sinking fund money as fast as it comes in into the debt of the State of In. diana, so that the interest we now pay in the city of New York, in London, and all over the country, shall be paid into the sinking fund and go towards the education of the children of the State. Instead of making each county auditor's office a broker's office for the loaning of this money, it simply proposes to fund it in the State debt.
Mr. TARKINGTON. The point against this bill is, that it proposes to invest the money of the Sinking Fund now drawing seven per cent., in bonds that draw but two-and-half or five per cent., and it will be nothing more nor less than simply destroying or dribbling away the school fund.
Mr. WOLFE. This fund ought to be distributed to the counties for the use of the children of the State : and the interest should accrue yearly as nearly alike as possible. Any law that will tend to an unequal distribution every year, is working injustice to the present generation. I am opposed to the bill, and in favor of the motion to indefinitely postpone it.
Mr. COBB. There can be no greater injury to this fund than that contemplated by this bill. The object is to place the fund where the people cannot reach it. I sincerely hope Senators will look to the interest of this fund, and put their feet on such measures as this.
Mr. SHIELDS. I shall oppose the indefinite postponement of this bill. I cannot see why the interest would be less likely to be paid by the State than by the borrowers in the several counties. It seems to me there is nothing more sure than that the interest will be paid punctually semi-annually, if this fund is invested in State stocks. I have believed so for many years, and I hope gentlemen will let this measure come up fairly.
Mr. ROBINSON. I do hope this bill will be indefinitely postponed. I voted a few days ago to loan $75,000 from this fund; I did it with the greatest reluctance, and because of the necessity of the case; but any measure calculated to swallow up the school fund of the State of Indiana, by investing it in five per cent, or two-and-a-half per cent, bonds, I page: 287[View Page 287] shall oppose; regarding it as an abandonment of the common school system.
Mr. WAGNER urged the passage of his bill, and regarded the objections named as entirely futile. The bill will eventually do away, not only with the Board of Sinking Fund Commissioners, but will abolish the office of State Agent, &c.
Mr. CONLEY demanded the previous question, and the demand was seconded by 26 Senators.
The motion to indefinitely postpone was agreed to by yeas 30, nays 14.
By Mr. WAGNER : Finance-returning Senator Newcomb's bill 115-on pages 163 and 158 of these Reports-recommending passage,with amendments
[Mr. DEHART presented a petition from 45 citizens of Carroll county, praying for the establishment of additional branches of the Bank of the State of Indiana, which was referred to the Committee on Banks.]
[Mr. NEWCOMB presented a petition from members of the Bar, praying for the passage of a law giving to attorneys a lien upon all judgements, &c., for their reasonable fees; which was referred to a select committee of three, viz.: Senators Newcomb and others.]
Mr. RAY, by leave, introduced a bill [247] creating the 22d District Court of Common pleas, which was passed to the second reading.
By Mr. TARKINGTON; from a select committee-returning his bill [100] to create the 14th Judicial Circuit-recommending passage with amendments.
By Mr. MILLER: Judiciary-his bill 237, see page of these Reports-passage.
By Mr. ROBINSON: Claims-the petition of Anderson W. Davis-lie on the table.
By Mr. CULVER: County and Township Business-Senator Stone's 194-see page 237-passage.
By Mr. DeHART: Printing-returning a resolution of inquiry as to whether the State Printer should not furnish paper. &c., and reporting in accordance therewith a bill [248] to amend sections 3 and 4 of an act fixing the time and mode of electing a State Printer, &c., approved March -, 1859; which was passed the first reading.
By. Mr. CULVER: Printing-returning a resolution of inquiry about the abolishing of the office of State Printer, and letting the public printing out to the lowest bidder, with an adverse report thereon; which, on motion by Mr. WOLFE, was laid on the table till he could find time to draw up a minority report.
By Mr. LINE: Select Committee-returning a select committee's bill [210] giving aid to the Indiana Historical Society-passage, with an amendment appropriating $500.
By Mr. BEARSS: Select Committee-returning a petition of citizens of Miami, asking amendments to the law licensing concerts, and reporting in accordance therewith a bill [249] to amend section 1 of "an act to amend the first section of an act entitled 'An act concerning licenses to vend foreign merchandize,' &c., approved June 15, 1852, and for the encouragement of Agriculture," &c., approved March 7, 1857; which was passed to the first reading.
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
The PRESIDENT announced the special order for this hour to be the consideration of the minority report of the Committee on Federal Relations, identical with the joint resolution S. 4-see pages 44 and 45 of the BREVIER LEGISLATIVE REPORTS.
Mr. WILLIAMS moved to amend by striking out and inserting:
Resolved by the Senate and House of Representatives, That our commissioners at the peace, congress now in session be and they are hereby instructed to vote for what is known as the Crittenden plan for adjusting our difficulties with the South, or some other equally fair and honorable plan of adjustment.
On motion by Mr. LINE-yeas 27, nays 15-the report and amendment was made the order for next Tuesday at half-past seven o'clock p. m.
Mr. WAGNER, from the Committee on Finance, returned Senator Newcomb's bill [114] for the relief of trust fund borrowers, with amendments recommending passage.
The report was concurred in.
Mr. CONNER, from the Committee on the Organization of Courts, returned Mr. Claypool's bill [212]16th Judicial Circuit Courts, recommending passage.
The report was concurred in.
THE COMMON SCHOOL FUND.
The PRESIDENT announced the consideration of the special order for 10 o'clock this morning, which was passed over informally; being the Committee on Education's bill S. 217-described on page 249 of these Reports-with the report of the Committee of the Whole (of Saturday afternoon) thereon.
Mr. STUDABAKER demanded a division of the question.
All the committee amendments were then severally concurred in, by consent, except the amendment which proposes to strike out of the bill all that requires the trustee to employ teachers.
Mr. MURRAY. I do hope if there is a head to this school system, that he will have the full control of hiring teachers, for in nine cases out of ten, the trustee is more competent than the Directors. A great difficulty has grown up just on this point. This duty can't be performed if this amendment prevails.
Mr. STUDABAKER. I hope the amendment will not be adopted.
Mr. JOHNSON. I think I see a great deal of injustice in requiring the township trustee to hire all the teachers. Let every district select its own teacher; it is right they should have the privilege of doing it. I am in favor of the amendment.
page: 288[View Page 288]Mr. CONNER. Each district is qualified to employ its own teacher.
Mr. TARKINGTON. I think this amendment conflicts with the bill all the way through, and for that reason it ought not to be amended in that particular.
Mr. MILLER. This is, perhaps, the most important question in this bill. It seems to me if the amendment prevails, it will destroy uniformity in the system.
Mr. CARNAHAN. I never will vote for any system that has a consolidation of the funds in it; but when we can confine the funds to the counties in which it is raised, then I am as much in favor of a free school system as any man.
Mr. WAGNER sustained the amendment.
The amendment was rejected by-yeas 20,nays 22-as follows:
YEAS-Messrs. Berry, Carnahan, Claypool, Cobb, Conley, Conner, DeHart, Johnson, Jones, Lomax, Odell, Ray, Robinson, Shields, Steele, Turner, Wagner, White, Williams, and Wilson-20.
NAYS-Messrs. Beeson, Blair, Craven of Madison, Culver, Dickinson, Ferguson, Grubb, Hamilton, Hull, Landers, Line, March, Mellett, Miller, Murray, Shoemaker, Shoulders, Stone, Studabaker, Tarkington, Teegarden, and Wolfe-22.
The Committee report was concurred in.
Mr. CLAYPOOL moved to amend the first section by adding : " provided that the funds so raised shall be retained and expended in the counties where the same are raised.
Mr. C. made a short speech in support of his amendment.
Mr. CRAVEN and Mr. STUDABAKER opposed the amendment.
Mr. WOLFE interposed a constitutional objection.
The amendment was rejected by-yeas 19, nays 21.
Mr. WOLFE moved to recommit the bill with a series of instructions.
On motion by Mr. WAGNER, the motion to recommit was laid on the table.
Mr. CRAVEN moved to amend by adding to the 14th section a clause making it lawful for the trustee to locate and build school houses, &c.
The amendment was adopted.
Mr. MILLER offered an amendment to section 23, which was adopted, providing that "the director so elected shall, within ten days, be notified of his election ;'7 making provision for filling vacancies by appointment, &c.
Mr. LINE moved to amend section 27 by adding the words, "or the sale of any old school-house or grounds belonging thereto."
The amendment was adopted.
On motion by Mr. MILLER, section 12 was amended so that any legal voter may be attached to a school district, on application before the closing of the enumeration.
Mr. LANDERS moved to reconsider the vote by which the Senate refused to recommit the bill.
On motion by Mr. LINE, this motion was laid on the table.
Mr. TARKINGTON moved to recommit bill with instructions, which he would to writing.
Mr. MURRAY submitted instructions to amend section 26, to-wit, "provided it shall not be obligatory upon trustees to build remove, or repair school houses according to a vote of the district, if in his judgment the cost of such building or repairs shall exceed in amount what is absolutely necessary for the purposes contemplated by such vote."
Mr. WOLFE submitted his series of instructions to amend referred to above.
Mr. STUDABAKER submitted instructions to amend section 78, so that school monies shall be loaned at "seven" per cent, instead of "ten" as the bill provides.
The PRESIDENT announced as members of the Joint Committee upon the subject of providing means to liquidate the State debt, on the part of the Senate-Messrs. Lomax, Claypool, and DeHart. He also announced as members of the Joint Committee upon the subject of Congressional apportionment, on the part of the Senate-Messrs. Mellett, Wagner Bearss, Wolfe, and Studabaker.
Mr. CARNAHAN made an ineffectual motion to take up his resolution, offered yesterday, changing the session hours.
And then the Senate adjourned.
