IN SENATE.
MONDAY, January 30, 1865.The Lieutenant Governor being absent, Mr. Dunning resumed the Chair at 2 o'clock P. M.
HORSE THIEF DETECTIVES.
Mr. NILES presented a petition from numerous citizens of La Porte county, praying for an amendment of the present law on the subject of mutual protection against horse thieves, so as to make it more efficient.
Mr. NILES remarked that the present law was defective, and needed amendment.
The petition, together with a letter from James Moore, Esq., was, on his motion, referred to the Committee on Agriculture.
REPORTS FROM COMMITTEES.
Were concurred in, recommending the passage of the bills [S. 34,] to continue the service of a warrant throughout the State, and [S. 61,] amending section 4 of the Landlord Act, approved May 20, 1854, which bills were read the second time, and severally ordered to be engrossed for the third reading.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and passed to the second reading:
By Mr. BENNETT, [S.103,] to amend section 35 of an act repealing all general laws for the incorporation of cities, &c., approved March 9, 1857.
By Mr. TERRY, [S. 104,] to amend section 2 of an act regulating the sale of swamp lands, the draining and reclaiming thereof, &c., approved May 29, 1852. [The Treasurer's bond (of a county in which lie swampy lands,) to be in such sum as the Auditor of State shall direct, for the faithful performance of his duties as swamp land agent of the State ]
By Mr. DOUGLAS, [S. 105,] to amend section 2 of an act fixing the per diem and mileage of members of the General Assembly, Secretaries, Clerks and Door-keepers thereof, approved June 4, 1852. [Making the pay of officers $5 a day, and authorizes but one Door-keeper for each House.]
By Mr. HORD, [S. 106.] to amend section 119 of the Practice Act, approved June 17, 1852, so far as to strike out so much thereof as requires the appellee to pay the costs of the appeal when the decision of the court below is decided to be erroneous.
By Mr. WRIGHT, [S. 107,] authorizing certain persons therein named to dig and construct a certain canal. [Joseph and William Young, of Porter county; Elihu Griffin, David Turner and Zera F. Summers, of Lake county, to dig a canal from the Calumet river to Lake Michigan.]
By Mr. NILES, [S. 108,] to amend section 6 of an act regulating divorce?, &c., approved May 13, 1852, so as more effectually to guard against fraudulent divorces, by requiring the petitioner to file with the complaint, the affidavit of two resident householders, that the petitioner has to their personal knowledge been two years an actual resident of this State.
By Mr. CARSON, [S. 109,] to amend section 150 of an act to provide for a general system of common schools, &c., approved March 5, 1855, so that where the parents or guardians of thirty scholars desire it, the German language may be taught exclusively, and they shall have the right to name the teacher.
By Mr. CORBIN, [S. 110,] to provide for the clothing and other personal expenses of pupils of the benevolent institutions of the State, and to provide for their removal to and from said institutions in certain cases.
By Mr. BROWN, of Wells, [S. 111,] to apportion Senators and Representatives for the next six years.
BARTHOLOMEW COUNTY COURTS.
The House amendments to the bill [S. 6] changing the times of holding the Common Pleas Courts in Bartholomew county, were read and concurred in by the Senate.
The bill takes effect immediately and fixes the time for holding the court in Bartholomew county on the third Mondays in March, July and November, giving three weeks for each term if the business thereof shall require it.
PAY OF TOWNSHIP ASSESSORS.
The bill [S. 100] fixing the pay of township assessors at $2 50 per day, was read the second time.
Mr. MOORE moved to amend by striking out "$2 50" and inserting in lieu thereof "$2" as the per diem of township assessors.
page: 130[View Page 130]Mr. BENNETT opposed the amendment and hoped the question would be postponed till the Senate should be full, for he would like to see the yeas and nays taken on it.
Mr. RICHMOND stated that a majority of the committee in which the bill originated, favored $3 a day, as the times are, and thought the pay was certainly little, enough at $2 50. He preferred that this question should not be passed on to-day.
Mr. MOORE. Let it go over, then, till there is a fall Senate.
Mr. CASON did not understand the gentleman [t?]o demand the yeas and nays.
Mr. MOORE did not want to call the yeas and nays to-day. He moved to lay the bill and amendment on the table.
The motion was agreed to.
WORK FOR COMMITTEES.
Senate bills 102 and 103 (introduced Friday); 24 (see page 38) and 66 (p. 85,) were read the second time and appropriately referred.
TERRE HAUTE AND RICHMOND RAILROAD.
Mr. Thompson's bill [S. 68,] changing the name of the Terre Haute and Richmond railroad, and giving further time for the completion of said road, was read the second time.
Mr. COBB. I have not had the opportunity to examine this bill, and I hope that the Senator who has it in charge will not press it until its provisions can be examined by Senators. This is another Railroad bill, the provisions of which should be scrutinized well before it passes. This is a bill which among other things provides for changing the name of the Terre Haute and Richmond Railroad Company, and giving further time to complete their road. I suggest that the bill be referred to the Committee on the Judiciary, and then let it be examined, amended if necessary and reported back. This is one of the best paying roads in the State, and it is a well known fact that there is less accommodation extended by it to the citizens, than any other railroad in the State, to say nothing of its treatment toward other railroad companies. This company was chartered in 1847, and I understand that there is a provision in the charter, requiring the company to pay into the State Treasury ten per cent, of its net earnings for the support of common schools. Of this fact I am not advised certainly. I have examined the State Library to find a copy of the local laws passed by the Legislature of that year, which contains this charter, but they are not to bs found. I should like to have time to examine its provisions on this subject. I further understand that there is another provision in the charter, which provides that the company shall not charge more than three cents per mile for carrying passengers on its road.
These questions should be examined into, and if my information is correct, this company should be compelled to comply with its charter by the passage of a law by this General Assembly. It should not be allowed to pocket money which was intended to go to help educate the children of our State, and should not be allowed to charge its passengers more than is provided for by its charter. Its charter is its rule of action, and it should be compelled to live up to that rule until it is changed by law, and if the company want that change it should comply with its charter and ask that it be amended, if it operates upon its rights harshly. I would do nothing to interfere with the the legal rights of railroad companies in our State. I think I duly appreciate the advantages which the people of State derive from such corporations, and would not do them injury, but I would make them obey the laws as I would an individual, and when that law operates against their just interest, I would amend it. I hope, then, sir, that this bill will be laid over until the feels which I have suggested can be ascertained, and if they are true, this bill should be amended so as to require the company to comply with its charter before the taking effect of the law.
Mr. HANNA, I hope the Senator from Lawrence [Mr. Cobb] will not press his suggestion that this bill shall be referred to the Judiciary Committee. I think he is laboring under misapprehension about this bill. It has already passed under the review of the Committee on Corporations, of which I am a member. We have examined the bill carefully, and find it in accordance with the public welfare. The road, known as the Terre Haute and Richmond Railroad, simply asks for a change of its corporate name, and also asks further time for the completion of its line from Terre Haute to a point on the western boundary of the State of Indiana. That is all, sir. Whatever other questions the Senator may wish to investigate with reference to this road, this not the proper place to do it. I will go as far as any Senator on this floor to surround railroad corporations with restrictions in the performance of their charter contracts. If the people, sir, I have the honor to represent choose to travel more than some other people, and by public spirit and the judicious investment of capital to so enlarge their trade and commerce as to render their railroads paying investments, I cannot see that it is a fact properly the subject of criticism. I hope the gentleman will press his examinations in the proper form, and not attach them to the pending bill. This measure has a single purpose which is easily understood, and against which, I apprehend, there can be no serious objections. Let the bill lie over until to-morrow, Mr. Presdent, that the Senator from Lawrence may satisfy himself.
Mr. DUNNING complimented the management of the T. H. and R. R. R., and said that he thought it was as accommodating as any railroad in the State.
Mr. THOMPSON spoke in favor of the passsage of his bill, stated again its provisions, and insisted that there must be some mistake in the charge that this railroad company had not complied with the provisions of its charter.
On motion of Mr. COBB, the bill was laid on the table
BILLS ON THE SECOND READING.
Senate bills numbered 36, (see page 44 these Reports,) 51, (loaning the school fund in sums of $1,000,) 62, (page 63,) 70, (p. 85) 77, (p. 96,) 82, (p. 101,) and joint resolution No. 1, (p. 18:) were read the second time and severally passed to the third reading.
page: 131[View Page 131]ROADS AND HIGHWAYS.
Mr. RICHMOND offered the following, which adopted by consent:
Resolved, That the Committee on Roads be instructed to inquire into the propriety of an act authorizing the location of public highways running from public highways already located by the most direct and practicable route to works used by the public as mills, factories, &c., said roads to be constructed and kept in repairs as other public highways, with leave to report by bill or otherwise.
PAY OF SCHOOL TEACHERS.
Mr. MOORE offered the following, which was adopted, by consent:
Resolved, That the Committee on Education be instructed to inquire into the expediency of making it the duty of the township trustee to make the pay of teachers uniform throughout the township, with leave to report by bill or otherwise.
And then the Senate adjourned.
