IN SENATE.
WEDNESDAY, January 25, 1865.The Senate met at 2 o'clock P. M.
SELECT COMMITTEES.
The LIEUTENANT GOVERNOR announced the special committee of one from each Congressional District, to which was referred the Mr. Culver's College bill [S. 81] introduced yesterday, viz: Messrs. Beeson, Van Buskirk, Dunning, Williams, English, Oyler, Hanna, Culver, Corbin, Douglas and Richmond.
Also, the select committee of one from each Judicial District, to which was referred Mr. Hord's bill [S. 73] creating Judicial Districts, viz: Messrs. Hord, Cobb, Williams, Branett, Oyler, Hanna, Bonham, Cason, Corbin, Noyes, Richmond, Culver, Beeson and Finch.
THE STATE TREASURER AND WINSLOW, LANIER & CO.
The LIEUTENANT GOVERNOR laid before the Senate a communication from Hon. M. L. Brett, Treasurer of State (in answer to Senate resolution adopted day before yesterday) embracing a statement showing the dates and amounts of all deposits made by him with Winslow, Lanier & Co., together with copies of receipts and the correspondence connected therewith, which he trusted would be a satisfactory reply to the inquiry made in the resolution.
On motion of Mr. VAWTER the communication was laid on the table and 500 copies ordered printed for the use of the Senate.
LEAVES OF ABSENCE
Were asked and obtained for Mr. Gifford till Monday; for Mr. Finch from Friday morning till the following Thursday night; and for Mr. Gaff till Tuesday evening.
TIPPLING HOUSES.
Mr. DUNNING presented a petition, signed by quite a number of ladies and gentlemen of Monroe county, praying for the enactment of law to wholly suppress places of public drinking ; which was referred to the Committee on Temperance.
page: 109[View Page 109]LEGAL DISABILITIES OF NEGROES.
Mr. THOMPSON presented a petition of colored persons complaining of the fact that they are deprived of the enjoyment of rights dear to all men, viz: the right of suffrage and of a participation in the benefits arising from the common school fund, and praying the Legislature, in the name of our holy religion, of humanity, and of justice, to enact laws repealing these disabilities.
Mr. THOMPSON. The deprivation of these rights is a sore thing. Our colored citizens are denied the privilege of appearing in our courts of justice because they have a black skin; and these sable children have no power in their own hands to protect their hearthstones. It is a most grievous sin that we will send our missionaries across the sea to convert the heathen, but we let this people grow up amongst us without education, and in the most vicious manner. Just respect for our character require us to sweep these obnoxious laws from our statute books.
The petition was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
COMMITTEE OF THE WHOLE.
On motion by Mr. BENNETT, the Senate resolved itself into a Committee of the WholeMr. Dunting: in the chair--for the consideration of the Governor's massage.
After a short time spent therein--
GOVERNOR'S MESSAGE.
The committee rose and reported through its chairman, recommending that the message be referred in accordance with the following resolution offered by the Senator from Ohio [Mr. Downey]:
Resolved, That so much of the message of his Excelleny, the Governor, as relates to the retention of recruits after the expiration of the term of the regiment, be referred to the Military Committee.
- That so much thereof as relates to the Gettysburg Cemetery, be referred to a select committee of five.
- . That so much thereof as relates to the Sanitary Commission be referred to a select committee of five.
- That so much thereof as relates to the right of soldiers to vote, while in the service, be referred to the Committee on Elections.
- That so much as relates to a better organization of the State militia, be referred to the Military Committee.
- That so much as relates to the arsenal and its operations be referred to the Committee on Finance.
- That so much as rebates to the subject of Education, and the donations by Congress for an Agricultural College be referred to the Committee on Education.
- That so much as relates to the subject of Emigration be referred to a select committee of five.
- That so much as relates to negro testimony be referred to the Judiciary Committee.
- That so much as relates to an enumeration of the inhabitants of this State, and the apportionment or Senators and Representatives be referred to a select committee of one from each Congressional District. to.
- That so much as relates to the Benevolent Institutions be referred to the standing committee on that subject.
- That so much as relates to the Penitentiaries on referred to the Standing Committee on that subject.
- That, so much as relates to military expenditures and finances be referred to the Committee on Finance.
- That so much as relates to the war, and to our Federal Relations, be referred to the Committee on Federal Relations.
The report was concurred in by the Senate.
STATE UNIVERSITY.
Mr. DUNNING presented a report from the trustees of the Indiana University, supplemental to the report made to the Governor, showing the amount due from the sale of lands under the act approved March 2, 1859, to be $18,161, and the debts of the University $17,420, and praying for the passage of a law authorizing the Sinking Fund Commissioners to liquidate the debt.
The report was referred to the Finance Committee.
A WOOD CONTRACT.
Mr. DUNNING, by request of the Door-keeper stated that there was not wood enough to keep the Legislature running, and moved to ratify a contract the Door-keeper had made with a citizen of Marion county to furnish fifty cords of sound seasoned wood, at seven dollars a cord.
The motion was agreed to.
REPORTS FROM COMMITTEES
Were concurred in, recommending the passage of Senate joint resolution No. 1, (see page 18 of these Reports.) Senate bills numbered 36, 51, 56, 66 and 68, (see page 44, 60, 63 and 85,) and that 46, (page 53,) 72, 75 and 76 (introduced yesterday) be laid on the table.
MORGAN AND OTHER REBEL RAIDS.
On motion of Mr. VAWTER, 100 copies of the bill 15, (see page 34,) were ordered with the amendments proposed by the special committee having it in charge.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally passed to the second reading except in the case stated:
By Mr. BENNETT, [S. 88,] repealing section 2 of an act approved March 3, 1853, for the colonization of free negroes, &c. [Abolishing the office of State Colonization Agent, who draws an annual salary without rendering adequate service therefor. ]
By Mr. MASON, [S. 89,] to amend section 5 of the act providing for the more uniform mode of doing township business, &c, [The Trustee to hold two years instead of one.]
By Mr. CARSON, [S. 90,] to signify the assent of the State of Indiana to the conditions of an act of Congress donating public lands to the several States and Territories which may provide colleges for the benefit of Agriculture and the Mechanic Arts, approved July 2, 1862, and to express the State's acceptance of said conditions and provisions, and for accepting the scrip offered by the act of Congress, and for its sale and investment in Indiana bonds or stocks for the endowment of an Agricultural College.
By Mr. BONHAM, [S. 91,] to amend section 103 of the practice act.
By Mr. THOMPSON, [S. 92,] authorizing Street and Horse Railway Companies to use State, County or Township roads for their railway tracks, under certain conditions and regulations.
page: 110[View Page 110]By Mr. HORD, [S. 93,] defining certain felonies and prescribing punishment therefor. [It provides for the imprisonment, in the penitentiary, of any clerk or servant of any private person or partnership, or office clerk or servant of an incorporation, and carriers who shall embezzle or convert to their own use property or effects which shall come into their hands by virtue of their office or employment ]
By Mr. GAFF, [S. 94 ] to amend section 42 of the act repealing all laws for the incorporation of cities, and to provide for the incorporation of cities, &c,
By Mr. VAN BUSKIRK, [S. 95,] to repeal an act entitled "an Act to enforce the 13th article of the Constitution," approved June 18, 1852. [Legal disabilities of negroes ]
Mr. HORD introduced a bill, [S. 96,] for the relief of Alfred Williams, Treasurer of Brown county, in the sum of $1,280 20 moneys stolen, which, on his motion, under a dispensation of the rules, was read the second time by title only and referred to the Committee on Finance.
WORK FOR COMMITTEES.
Senate bills numbered 80, 82, 83, 84, 85, 86 and 87, introduced yesterday, were read by title only, and referred to aproprpiate committees.
SENATE BILLS FINALLY PASSED.
Mr. Cobb's, [2,] regulating the practice in Circuit and Common Pleas Courts on appeals from judgments of Justices of the Peace, (returning to the provisions cf the old law prior to the decisions of the Supreme Court upon that subject,) was read the third time and passed by yeas 45, nays 1.
Mr. Corbin's, [10,] to amend section 322 of the Practice act, approved Jane 18, 1852, was read the third time and passed
Mr. Hold's, [12,] authorizing the bringing of an action on a claim before it becomes due, and obtaining attachment against the debtor's property, where he is perpetrating a fraud upon his creditors, and authorizing judgment in such cases, was read the third time and passed by yeas 43, nays 0.
Mr. Brown, of Wells', [16,] to amend section 349 of the practice act, BO that issue in the action of divorce cases shall not be referred upon the written consent of both parties, was read the third time.
Mr. BROWN. This bill is intended to put an end to the fraudulent procurement of divorces in Indiana by non-resident parties. A most iniquitous practice has grown up in some parts of the State under section 349 of the Practice Act, as the same has heretofore stood. Agencies are established in New York and other Eastern cities, which advertise to procure divorces for any parties desiring the same, whether cause therefor exist or not. these agencies have lawyers in this State to whom they send the cases, at the same time forging the name of the defendant to a written retainer, which, with a fee, they send to another attorney, in the entire confidence of the thing. These two attorneys enter our courts, procure the referment of the case to a third attorney, also in the confidence of the matter, who has his fee in the case, and who reports in favor of a divorce without ever receiving or examining any evidence in the case whatever. All this proceeding is fraudulently pro-cured by those divorce agencies. Upon this report of the referee, it would seem, the courts have no discretion but to grant the divorce. Thus hundreds of divorces have been heretofore procured in the courts of this State annually by non-residents, and in no case have the defendants probably been aware of the fact until long after the same are procured.
The bill was passed by yeas 44, nays 0.
Mr. Bonham's [25,] amending section 1 of the act prescribing certain misdemeanors punishable only by Justices of the Peace, so it shall read "every person who shall in a rude, insolent or angry manner strike at, or otherwise place in jeopardy the person of another, shall be deeemed guilty of an assault, and upon conviction, shall be fined not to exceed three dollars," was read the third time and passed by yeas 44, nay 1.
OFFICERS OF STATE INSTITUTIONS.
Mr. BENNETT offered the following, which was adopted by consent:
Resolved by the Senate, (the House of Representatives concurring,) That each House of the General Assembly proceed, by a separate and concurrent vote, on to-morrow, at 2 1/2 o'clock, P. M.,to elect the following officers, to-wit; One President of the Benevolent Institutions, two Trustees of the Hospital for the Insane, two Trustees for the Blind Asylum, two Trustees for the Deaf and Dumb Asylum, three Commissioners for the Sinking Fund, and two Directors of the State Bank.
COURT BILLS PASSED.
Mr. Douglas's [S. 39] changing the time for holding the Common Pleas Courts in Whitley county was read the third time and passed by yeas 46, nays 0.
On motion by Mr. BENNETT, under a dispensation of the rules, the bill [H. R. 46] changing the time for holding courts in the 11th Judicial Circuit was read three times and passed by yeas 45, nays 0.
Mr. Moore's' [S. 42] changing the times for holding Common Pleas Courts in Putnam and Clay counties, was read the third time and passed by yeas 45, nays 0.
Mr. Downey's [S. 55] changing the time for holding Courts of Common Pleas in the 5th Judicial District was read the third time and passed by yeas 46, nays 0.
SENATE JOINT RESOLUTIONS PASSED.
Mr. Beeson's joint resolution [2], amending article viii of the Constitution so as to enable cities and towns to levy a tax for the support of common schools, was read the third time and passed by yeas 43, nays 2.
Mr. Beeson's joint resolution [3] amending the 23d section of article iv of the Constitution so as to enable cities and towns to raise money for the support of common schools, was read the third time and passed by yeas 46, nays 0.
On motion of Mr. NILES, and by unanimous consent, the word "Township" wherever it occurred in these two joint resolutions was stricken out.
STATE AUDITOR.
The LIEUTENANT GOVERNOR laid before the Senate a communication from the Auditor of State, transmitting an additional report from the Sinking Fund Commissioners, which referred to the Committee on Finance.
page: 111[View Page 111]WRAPPING PAPER.
Mr. BENNETT offered the following, which was adopted :
Resolved, That the Door-keeper of the Senate be directed to procure sufficient wrapping paper whenever the same can be had, for the use of the Senate.
And then the Senate adjourned.
