Committee on the State Prison to make this very investigation alluded to. It seems to me to be incurring an additional expense which is not called for, inasmuch as the Standing Committee is entirely competent.
Mr. HAMILTON. I hope this matter will be thoroughly investigated. It might appear to Senators that I have personal considerations in the matter, and I merely rise to disclaim that, while I hesitate not in giving my opinion that a more corrupt transaction has never taken place in Indiana than the location of that prison. I have confidence in the Committee on the State Prison.
Mr. ANTHONY. If our Standing Committees are worth anything, they ought to do their business. I insist upon a fair and impartial investigation of this matter by a fair and impartial jury, created without direct reference to this particular question. We have heard of packing juries, and I opine we have all heard of packing select committees.
Mr. WOLFE. My recollection in regard to the action taken heretofore is, that it does not go to the proper extent. It is possible the resolution may be modified so as to suit gentlemen. I have no sinister motives in the matter, but I desire an impartial investigation.
The resolution was amended without objection, by directing the resolution to the Committee on the Penitentiary.
On motion by Mr. MARCH, the Committee were instructed to act in conjunction with the House Committee on the State Prison.
The resolution, as so amended, was adopted.
RENT OF THE FEDERAL COURT ROOM.
Mr. LINE offered a resolution, which was adopted by consent, instructing the Committee on Federal Relations to inquire whether a claim has been presented to Congress for rent for the Federal Court Room in the State House in compliance with joint resolution No. 14, of the last Legislature.
[Mr. WAGNER presented a memorial from Benjamin F. Gregory and others, which, on his motion, was referred to the Committee on Claims, without reading.]
KILLING OF STOCK BY RAILROAD COMPANIES.
Mr. COBB offered a resolution, instructing the Judiciary Committee to report a bill giving a more perfect remedy against railroad companies in the State to owners of stock killed by locomotives and cars.
Mr. COBB. In my own county in the past twelve months, there has not been a loss of less than $2,500 by the Mississippi R. R. and the Louisville, New Albany and Chicago R. R. and although I believe my constituents are as loyal to the laws of the country as any other gentleman's, yet I do believe if things go on as they have done in the past year, it will not be twelve months until the track of these railroads will be torn up.
Mr. RAY. I desire to urge upon the Senate the necessity of taking some action in this matter. It is a very serious grievance to the portion of my constituents living upon the line of railroads.
Mr. SHIELDS. The people of Jackson and Jennings counties are well know to be for the maintainance of the laws, but I have feared for the last few years as to what would be the result unless some more stringent legislation were had on this subject.
Mr. JOHNSON moved to amend the resolution by making it one of expediency.
The PRESIDENT. The hour of 10 o'clock having arrived, and the House being in waiting for the Senate, Senators will at once repair to the Representatives' Hall.
When the Senate returned-
[Mr. LINE asked and obtained leave of absence for Mr. Ferguson during the coming week.]
The amendment was agreed to, and the resolution, as amended, was adopted.
SPECIAL TERMS OF CIRCUIT COURTS.
Mr. WOLFE offered a resolution, which was adopted, inquiring of the Judiciary Committee whether there is any law for the holding of special terms of Circuit Courts, &c.
SHEEP-KILLING DOGS.
Mr. MURRAY offered a resolution, instructing the Committee on Agriculture to report a, bill for the better protection of the wool-growing interest of the State, having for its basis compensation to persons sustaining loss by sheep-killing dogs.
Mr. JONES urged the passage of a law upon this subject, otherwise we might as well abandon the idea of raising sheep in Indiana.
Mr. LINE. It is true the agricultural interests are suffering largely from the destruc page: 68[View Page 68]tion of this kind of stock, and calls loudly for protection at our hands.
Mr. MILLER. A number of my constituents regard this as a matter of some importance. In my section the sheep-growing community seriously suffer by dogs in consequence of the great number of these animals which are allowed to run at large. I doubt not the Agricultural Committee will devise some means by which this evil may be done away with.
The resolution was adopted.
[On motion it was ordered that, when the Senate adjourn this afternoon, it be till Monday next at 2 o'clock P. M.]
NUMBERING COMMON PLEAS DISTRICTS.
Mr. MILLER offered a resolution, which was adopted, instructing the Committee on the Organization of Courts to inquire into the expediency of numbering the districts established for common pleas purposes.
ELECTION OF U. S. SENATOR.
Mr. DICKINSON offered a resolution, which was adopted by consent, authorizing the appointment of a committee of seven to inquire what legislation is necessary in relation to the manner of electing U. S. Senators.
SCHOOL LAW AND SCHOOL FUND.
Mr. JOHNSON offered resolutions, which were adopted by consent, instructing the Committee on Education to inquire into the expediency of amending the school law, so as to allow widows having children to vote at school meetings; and whether there is any law authorizing the loaning or distributing of the school funds arising from estates without heirs, &c.
SMOKING IN LOBBIES.
On motion by Mr. BEESON, it was ordered that the Doorkeeper prevent smoking in the lobbies while the Senate is in session.
AMENDMENT TO THE CONSTITUTION.
Mr. MARCH offered joint resolutions proposing amendments to the Constitution, so that towns and cities shall have power by taxation to raise money for the support of common schools, and giving the Legislature power to fix the qualifications of votes; which were referred to the select Committee on Amendments to the Constitution.
NORTHERN STATE PRISON.
Mr. WAGNER offered a joint resolution providing for joint action of the State Prison Committees of the two Houses in the investigation of the affairs of the State Penitentiary at Michigan City.Pending the consideration of which The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. CONNER moved to amend the joint resolution by authorizing the appointment of a committee of two on the part of the Senate, to be selected from the Standing Committee on the State Prison, and three on the part of the House, to which shall be referred ail matters relating to the Northern Prison, including a personal examination thereof.
Mr. TEEGARDEN lived in that part of the State. The charge has been made boldly that there has been a swindle and bad management in the location of the Penitentiary at Michigan City. Now that a committee has got to investigate this matter, he would like the interests of the whole State represented of the committee. The matter is worthy of a thorough investigation. Some people seem to think that this Prison has been built on a sand bank, and that, Lake Michigan, will wash under it and sink it. On the contrary there could be no better location found in the State. There is no place in the State where it could be located that would work less injury to the mechanical interest; while it will prove a source of more revenue to the state than it could possibly if located at any other point. He was well satisfied that if a committee goes up there and examines the ground, they cannot report otherwise than favorable.
Mr. MELLETT thought it would be more likely to be a fair investigation before a large than a sraall committee. For one he was determined that the matter should be thoroughly investigated, and insisted that it should be done by the entire Committee on the State Prision.
Mr. LANDERS was opposed to the resolution and thought it much better to have the large committee on the State Prison, which was selected by the Senate without a view to personal interest. If there was fraud committed he wanted it exposed.
Mr. MILLER objected to the amendment for the reason that the committee proposed is composed of too small a number, entirely, for the investigation that ought to be made. The proposition of the gentleman from Warren, [Mr. Wagner,] is probably the best.
Mr. TARKINGTON was opposed to the amendment and preferred that the responsibility should be left to the regular standing committee.
Mr. MURRAY agreed with the Senator from Monroe, [Mr. Tarkington,] and courted a full and fair investigation.
Mr. MARCH hoped the amendment would be adopted; he could not think of sending seventeen or eighteen stalwart men up there when five could do the business as well.
Mr. TURNER understood that the Legislature was to be invited to visit Michigan City in a body before the close of the session; to be furnished with free passes over the railroads and with free entertainment while there.
Mr. NEWCOMB thought that the best proposition yet made. [Laughter.]
Mr. BEARSS would rather see gentlemen desirous of curtailing expenses where it would page: 69[View Page 69] be of no practical benefit, and referred to the expenses of the Committee appointed to wait upon Mr. Lincoln at the State Line, to escort him to the Capital. The expenses of that Committee may be as much as the expenses of the Committee visiting the Northern prison.
Mr. CLAYPOOL regarded this as an effort to take from the Prison Committee matters germain to it, and give them to another Committee. With the Senator from Floyd. [Mr. Anthony] he raised his voice against such proceedings.
The amendment was rejected, and the resolution was adopted.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed to the second reading:
By Mr. HULL: [S. 41] Supplementary to an act to amend sections 1 and 2 of an act to provide for compensation to the owners of animals killed by railroads, approved March 1. 1853; and to provide the manner of the service of process, approved March 6, 1859. "
By Mr. CONLEY : [S. 42] To amend section 8 and 10 of the Justices' act of June 9, 1852; so that the bond shall be from two to six thousand dollars; jurisdiction not to exceed 200, but they may confess in any sum not exceeding $300.
By Mr. TURNER, [S. 48.] To authorize the formation of new counties, change county boundaries, and repeal all laws inconsistent therewith. On his motion the rules were suspended-yeas 40, nays 0-the bill read by title the first and second time, and referred to the special committee on that subject.
By Mr. WILSON. [S. 44.] To make a copy of the register, catalogue and description of land sold at any land office of the United States within this State procured by the board of commissioners of any county from the Auditor of State, prima facia evidence of the truth of their contents
By Mr. MELLETT. [S. 45.] To amend sec. 3 of an act to provide for the election of a Reporter of the Decisions of the Supreme Court, &c, approved February 5, 1852, to prohibit the publication of briefs in the court decisions.
By Mr. LANDERS. [S. 46.] To amend sections 57 and 59 of an act defining misdemeanors, approved June 14, 1852, to prevent illegal voting.
By Mr. LANDERS. [S. 47.] To amend sections 5 and 21 of an act regulating general elections, approved June 7, 1852, so as to preserve the purity of elections.
By Mr. CRAVEN. [S. 48.] To provide compensation to owners of animals killed or injured by the cars, locomotives or other carriages of any railroad company in this State.
By Mr. NEWCOMB. [S. 49.] To provide for struck juries in circuit and common pleas courts.
By Mr. O'BRIEN. [3.50.] To amend see. 59 of an act to repeal the general laws in force for the incorporation of cities, to provide for the incorporation of cities, &c. approved March 9, 1857.
By Mr. MURRAY. [S. 51.] To amend sections 95, 97, 99 and 101 of an act to provide for a general system of common schools, &c., approved March 5, 1855, so as to require county auditors to send their statement of school funds collected to the State Superintendent befere the second Monday of January; the superintendent to apportion the school money by the 15th of February; the county treasurer to distribute the school money on 2d Monday of March, &c., &c.
By Mr. CLAYPOOL. [S 52.] To amend sec. 852 of the Practice act, approved June 18f 1852, so that the court may grant new trials on the payment of costs.
[Mr. STEELE asked and obtained leave of absence for Mr. White, on account of sickness in his family.]
By. Mr. MILLER. [S. 53.] To provide a proper office for the use of county surveyors, providing books for recording surveys, defining duties prescribing fees.
By Mr. LINE. [S. 54.] Regulating docket fees in the Court of Common Pleas, and providing that the salary of district attorney shall be $600.
By Mr. CONLEY. [S. 55.] Providing for stationery and postage ($20 each) for members of the Legislature, for the employment of reporters, and the publication of its proceedings in certain newspapers.
By Mr. TURNER. [S. 56.] To amend sec. 10 of an act to authorize the formation of new counties, and to change county boundaries, approved March 7, 1857, so as to allow new counties to be formed out of territories of let-a than four hundred square miles.
[The PRESIDENT laid before the Senate the report of the branch bank of the State at Terre Haute.]
[On motion by Mr. LINE, Senator Miller was placed on the committee to which is referred all proposed amendments to the Constitution.]
By Mr. WOLFE. [S. 57.] To amend sec. 1 of the assessment act, approved June 21,1852, authorizing the levying of a poll tax by county boards.
By Mr. SHOEMAKER. [S. 58.] To amend sections 4 and 5 of an act relative to the salaries of public affairs, approved March 5, 1859. making the docket fees "three" and "five" dollars instead of "one" and "four" dollars.
And then-
On motion the Senate adjourned.
