IN SENATE.
FRIDAY, January 23, 1863.Mr. SHIELDS, from the Committee on Elections, returned the joint resolution [S. 2] amending the Constitution so as to give the Legislature power to define the residence of voters, recommending its passage.
Mr. MARCH moved that the order of business be suspended, and the joint reaction, be put upon its passage.
Mr. LANDERS advocated the passage of the joint resolution. Our elections had become a perfect farce. At every meeting of the Legislature, bills were introduced to prevent fraudulent voting, but they were defeated because they would conflict with the Constitution. This joint resolution had passed the last Legislature unanimously, and he hoped it would pass unanimously now.
The rules were suspended, the joint resolution read the third time and passed by yeas 35, nays 2, excused 1.
RAILROAD MANAGEMENT.
Mr. REED from the Committee on Corporations reported back the bill [S. 12] requiring railroad companies to keep a sufficient supply of rolling stock to do the business of the country, recommending its passage.
Mr. BROWNE, of Randolph, moved to suspend the order of business and take the bill up.
Mr. SHIELDS was opposed to the bill being taken up, believing that such a law was unnecessary. Railroad companies had now on hand sufficient rolling stock to do the ordinary business of the country. The condition of the country was such that extraordinary demands had been made upon railroads, and some allowance should be made for this state of affairs.
Mr. MURRAY was opposed to the principles of the bill. In the embarrassed condition of some railroads it would be a hardship to compel them to keep a larger supply of cars than in their own judgment the business of the country required. It was their interest to keep a sufficient amount of rolling stock on hand, and the laws of trade would govern, if left alone, and all legislation of this character was out of place.
Mr. BROWNE, of Randolph, said that one would suppose that it was the interest of railroads to keep a supply of rolling stock sufficient to do all the business along the lines of their roads. Such was not, however, the case. Indianapolis shippers had always been able to get transportation for their through freight, because of the competition existing at that point between different roads, But at local stations it was not so, the roads knew that they had the freight anyhow, and no competition could take it from them, and hence they could take their own time to send it forward. Shippers of live stock from local stations were frequently put to much inconvenience and loss by delays to furnish transportation, and while the bill did not increase the obligations of railroads to provide rolling stock, it provided that in cases where unreasonable delay in shipping caused loss, the party injured could recover damages.
Mr. SHIELDS said he could not agree to the bill unless it was so amended as to compel the people to furnish a sufficient amount of freight to keep the rolling stock constantly employed. He thought the rule should work both ways.
Mr. CLAYPOOL said all corporations were controlled by self interest, and with them the interests of the people were secondary. He thought it the duty of the Legislature to pass some law fixing the rate per mile at which freight should be carried on all railroads, and would prefer that the bill be recommitted so as to incorporate that principle. Such was the rule of railroads now that a car-load of hogs was taken from Indianapolis to Cincinnati at $20, while one from a point on the railroad twenty miles nearer to Cincinnati was page: 79[View Page 79] charged $30. This was the result of competition between roads at the capital, and because the local freight was secured to the road any how. It was manifestly unjust, and we should legislate so as to convince railroads that the people have some interests.
Mr. PLEAK agreed with the gentleman from Fayette. He hoped the bill would be recommitted with instructions so as to require a uniform rate of prices on fare and freight. He did not ask a reduction in prices, but that the rates be uniform. The interest of the country demanded some reform in this regard.
Mr. BROWNE, of Randolph, withdrew his motion, and the report was concurred in. So the bill takes its place on the tiles.
GOVERNMENT OF SCHOOLS.
Mr. PLEAK offered the following which was rejected:
Resolved, That the Committee on Education be instructed to inquire into the expediency of introducing a bill to authorise teachers of public schools to use the rod of correction in their respective schools where it is necessary for the more complete government of the same, under the same restriction of law, that parents govern their children.
LIBEL, SLANDER AND BASTARDY.
On motion by Mr. WOLFE, it was--
Resolved, That the Judiciary Committee be instructed to inquire into the expediency of passing a law declaring Libel, Slander and Bastardy, misdemeanor, and providing punishment therefor, and report by bill or otherwise.
THE $200 EXEMPTS.
Mr. MURRAY offered the following;
WHEREAS, His Excellency Governor Morton, in his annual message informs the Legislature that the tax levied and collected from that class of the citizens of this State who were conscientiously opposed to bearing arms, was levied and collected without law under the Constitution of this State, and without authority from the General Government.
AND WHEREAS, said tax was paid by members of some Christian denominations and refused to be paid by those of others and hence unequal in its operation; Therefore,
Resolved, That the Committee on Finance be and they are hereby instructed to report a bill to this Senate providing for the return of said tax to those from whom it was taken.
Mr. LADDERS opposed the passage of the resolution. These conscientious scruple men were always willing to vote war on the country, and when war came they folded their arms and let others fight it out. If they would not take their chances of the dangers of the field let them pay for it.
Mr. RAY would oppose such a bill. He would favor a bill to compel all men conscientiously opposed to bearing arms to pay an equivalent, as the Constitution of the State provided. The provision was in the Constitution, and it only required a law to fix the amount. When the amount was fixed, then persons could not plead that they would not have claimed exemption had they known the amount was fixed by law. He took a legal view of the case, and quoted decisions to bear him out in the view that if the Legislature fixed the amount now, that amount could be collected from persons who had plead exemption.
Mr. WOLFE did not see any reason for the passage of the resolution. If the officers had collected money without law the question was between the parties themselves. This Legislature would pass a law naming an equivalent, and if the money was paid, it would not have to be paid again.
Mr. WILLIAMS would like to meet the question squarely here, and he thought the Senate would vote it down. The sense of this body was against allowing persons to shield themselves behind their scruples from all liability to military service.
Mr. LANDERS hoped the resolution would be defeated right here. Men were drafted and forced into the service, ami the passage of any resolution of this kind would cause discontent among those men. There was discontent enough without increasing it by any such action.
Mr. TEEGARDEN took the same view.
On motion by Mr. BEARSS the resolution was laid on the table.
THE GOVERNOR'S MESSAGE.
On motion by Mr. NEW, it was--
Resolved, That five thousand copies of the message of his Excellency Governor Morton, and one thousand copies of the accompanying documents, be printed for the use of the Senate. Also that one thousand copies of the message be printed in the German language.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. WOLFE, [25] to amend the first section of an act to organize Supreme Courts, approved May 13, 1852, and to district the State for the purposes of electing five Judges of the Supreme Court.
By Mr. BEESON, [26] to amend the twelfth section of an act touching the relation of Guardian and Ward, approved June 9, 1852.
By Mr. SHIELDS, [27] to amend the first and repeal the second sections of an act to provide for the election of Trustees and Commissioners for the Benevolent Institutions of the State, approved March 5, 1859.
By Mr. DOWNEY, [28] in addition to the list section of an act passed in 1861, to amend the 2d section of an act to amend sections 207 and 208 of the practice act.
By Mr. DICKINSON, [29] to amend section 15 of "An act regulating prosecutions in cases of bastardy, and providing for the support of illegitimate children," approved May 6, 1852, so that execution may issue against the body of the father where he is not in custody.
By Mr. GAFF, [30] to provide for the erection and repair of any bridge across a page: 80[View Page 80] stream forming the boundary line between two counties and to repeal all laws inconsistent therewith.
By Mr. LANDERS, [31] fixing the a-mount to be paid by persons claiming exemption from military duty, and providing the means for collecting the same.
By Mr. NEW. [32] to provide for the publication of notice of the pendency of suits against defendants whose residence is unknown.
By Mr. MARCH. [33] prescribing the form of deed that may be used by Sheriffs and Coroners, providing for the record of execution and return in certain cases its use as evidence and fees for recording.
By Mr. HORD, [34] 10 amend the 71st section of an act providing for the election and qualification of Justices of the Peace, approved June 9, 1852, as amended by an act approved March 5, 1859.
By Mr. FERGUSON, [35] to amend section first of an act defining what shall constitute certain felonies, approved May 31, 1861.
By Mr. MARCH. [36] to amend the first eleventh and twelfth sections of an act to exempt property from sale under certain cases, approved February 17, 1852.
By Mr. DOWNEY, [37] to amend the 20th. 21st and 22d sections of an act providing for the election and appointment of Supervisors of highways, approved March 5, 1859, and to make additional provisions on the same subject.
By Mr. GIFFORD, [38] authorizing the sale of canals, authorizing the purchaser or purchasers, and his or their assign, to organize companies and fixing the powers of such companies, and excepting certain canals from the provisions of this act.
On motion br Mr. CLAYPOOL the bill [38] was laid on the table and 100 copies ordered printed.
By Mr. MARCH, [39] to amend the 3d section of an act prescribing the powers and duties of Justices of the Peace in State prosecutions, approved May 29, 1852.
By Mr. DOUGLASS, [40] to amend section 1st of the School Law.
By Mr. BERRY, [4-1] to amend section 11 of the School Law.
On motion by Mr. WILLIAMS, the House concurrent resolution providing for the immediate election of three Commissioners of the Sinking Fund, and of four Directors of the Bank of the State--two of the latter to be elected by the Senate and two by the House, was taken up and concurred in.
SINKING FUND COMMISSIONERS.
The Senate then proceeded to elect two Sinking Fund Commissioners, to serve four years.
Mr. SHIELDS nominated Samuel P. Mooney, of Jackson.
Mr. MARCH nominated John F. Carr. of Jackson.
Mr. Mooney received 25 votes, and Mr Carr 14.
Mr. Mooney was declared elected.
Mr. DUNNING (Mr. Ray in the chair) nominated Dillard Ricketts, of Clark county.
Mr. BERRY nominated Jefferson Helm, of Rush county.
Mr. Ricketts received 25 votes, and Mr. Helm 14 votes.
Mr. Ricketts was declared elected.
The Senate then went into the election of a Sinking Fund Commissioner to serve for two years.
Mr. LANDERS nominated Parmenter M. Parks of Morgan.
Mr. MARCH nominated Wm. Williams, of Kosciusko.
Mr. Parks received 25 votes, and Mr. Williams 14.
Mr. Parks was declared elected.
BANK DIRECTORS.
The Senate then proceeded to elect two of the Directors, on the part of the State, of the Bank of the State.
Mr. DUNNING nominated Ransom W. Aiken, of Monroe county.
Mr. BROWNE, of Randolph, nominated Charles Coffin, of Wayne county.
Mr. Aiken received 25 votes, and Mr. Coffin 14.
Mr. Aiken was declared elected.
Mr. McCLURG nominated Addison L. Roache, of Marion county.
Mr. MARCH nominated John S. Bobbs. of Marion county.
Mr. Roache received 25 votes, and Mr. Bobbs 14.
Mr. Roache was declared elected.
AFTERNOON SESSION.
The business pending at adjournment yesterday was the resolution instructing the Judiciary Committee to inquire into the expediency of abolishing Common Pleas Courts.
The pending amendments and instructions were agreed to.
Mr. JOHNSTON offered as additional instructions that they inquire into the expediency of providing to hold four terms yearly of the Circuit Courts, two terms for criminal and two for civil business.
Mr. FERGUSON offered additional instructions inquiring into the expediency of creating the office of Surrogate for each county, to have jurisdiction of probate matters, without salary, other than the fees of the office and to be kept open at all times for the transaction of business.
These instructions were also agreed to.
PAY OF SOLDIERS.
Mr. LANDERS called up the House concurrent resolution instructing Senators and requesting Representatives in Con- page: 81[View Page 81] to vote for reducing the pay of officers and increasing the pay of privates in the army.
The pending motion was to lay on the table an amendment to the resolution see page 48 of these Reports.
The motion to lay on the table was rejected by yeas 16, nays 22.
Mr. McCLURG. The adoption of the amendment would make the resolution different from what he expected, He did wot wish to affect the pay of officers, and was decidedly in favor of raising the pay of privates and non-commissioned officers.
Mr. RAY was opposed to the reduction, and would prefer to have the instruction stricken out, but it was perhaps the best that those could get who favored the increase of pay to the non-commissioned officers and privates, and yet thought the pay of commissioned officers should not be reduced.
Mr. LANDERS and Mr. MARCH favored the resolution as it came from the House.
Mr. BROWN, of Wells, moved to a-mend by striking out all that relates to commissioned officers, and by inserting in the proper place an instruction to reduce the pay of commissioned officers to such an extent as will more nearly equalize the pay of officers and privates.
Mr. BROWNE, of Randolph, accepted the amendment of the gentleman from Wells.
Mr. MELLETT and Mr. RAY thought if the amendment was adopted it would indicate the wish of the Senate to make the pay of officers and men equal.
On motion by Mr. MARCH the resolution and pending amendments were referred to a select committee.
The PRESIDENT makes the committee to consist of Messrs. March, Browne of Randolph, Brown, of Wells, Shields, Ray, and Landers.
VOLUNTARY ASSOCIATIONS.
The bill [S. 10] amending the law respecting voluntary associations, was read the third time and passed by yeas 39, nays 0.
WORK FOR COMMITTEES.
Senate bills numbered 19 to 24 inclusive (for a description of which see pages 60 and 61 of these Reports) were read the second time and severally referred to appropriate committees.
BANK DIRECTORS.
On motion by Mr. DUNNING (Mr. Wolfe in the chair) the House message announcing the election by the House of Andrew Humphreys, of Green, and Samuel C. Wilson, of Montgomery, as Bank Directors was taken up and concurred in and the Senate proceeded to ballot.
Mr. DUNNING nominated Andrew Humphreys of Green county.
Mr. MARCH nominated Miles Murphy of Henry county.
Mr. Humphreys received 26 votes and Mr. Murphy 18.
The PRESIDENT declared that the Senate had concurred in the election of Mr. Humphreys.
For the other Bank Director Mr. DUNNING nominated Samuel C. Wilson, of Montgomery County.
Mr. TEEGARDEN nominated William C. Hanna, of Laporte county.
Mr. Wilson received 26 votes and Mr. Hanna 18.
The PRESIDENT declared that the Senate had concurred in the election of Mr. Wilson.
