IN SENATE.
Thursday, February 9, 1865.AFTERNOON SESSION.
The following bills were introduced, read the first time, and passed to the second reading:
By Mr. WRIGHT, [S. 150 ] to amend sections 7, 9 and 20 of an act to provide against the consequences ensuing or likely to ensue from the destruction of books, pamphlets, paper records or other writings of any county, &c., approved January 12, 1852.
By Mr. COBB, [S. 151,] authorizing the boards of trustees of incorporated towns to demand and enforce a license from all keepers of coffee houses, or other places where, intoxicating liquors are sold or drank within, the limits of their respective jurisdictions, (the license fee to be fixed by said boards.)
By Mr. RICHMOND, [S. 152,] to amend section 7 of an act touching the laying out and vacating towns, streets, alleys, public squares and grounds. &c , approved May 20, 1852.
By Mr. ALLISON, [S. 153 ] creating a board of control of the Indiana State Prison, North and South, together with a President of the same, to be elected by the present General Assembly, and defining their powers and duties and appealing all laws and parts of laws coming in conflict with the provisions of this bill, and declaring an emergency.
By Mr. DUNNING, [S. 154,] authorizing magnetic telegraph companies to construct and maintain lines in the State of Indiana along the lines of railroads, and to condemn lands therefor or contract with individuals for the same.
By Mr. DOWNSY, [S. 155 ] to amend section 5 of an act providing for an organization of Circuit Courts, &c., approved June 1, 1852.
By Mr. DOWNEY, [S. 156 ] to amend section 14, of an act to limit the number of grand jurors, &c., approved March 4, 1852, and to change the form of oath of grand jurors.
EXPENSES OF THE GENERAL ASSEMBLY.
The Senate proceeded to the consideration of the special order for this hour, being the House amendments to the bill [S. 1,] appropriating $75,000 for the expenses of the General Assembly.
Mr. BROWN, of Wells, read the discussion of this question in the 17th Indiana reports-case of the Indiana Central vs. Potts -- commenting thereon as he read, to prove that this bill would be an unconstitutional one if the House amendments were adopted by the Senate. If, under the title given this bill in the House, viz: An act making specific appropriations, we have power to pay members who bolted two years ago, and pay back to corporations and individuals the money borrowed by Governor Morton, we have the power, under a title of that kind, to pass any appropriations, if you please, to pay the interest on the State debt or to carry on the benevolent institutions of the State.
Under the constitutional provisions which requires a constitutional majority to pass a bill, a simple concurrence in these House amendments would not be sufficient, for this is a new and distinct bill from the one originally passed by the Senate. Therefore it must require a majority of members elect to pass it, and it must have three several readings upon three several days. To sustain this view he read from the 11th Indiana, and from decisions of our own, and the Supreme Courts of the State of Ohio.
The object seems to be no other than that the propositions which are contained in the House amendments are propositions which Senators think they could not get through this Legislature in the regular way, and they would fillibuster them through in this infamous kind of style.
Mr. COBB moved to amend the House amendments as follows:
Strike out all that part of the amendment to the third section which relates to the payment of members of the last House of Representatives, who absented themselves from the halls of legislation without just cause or provocation, for the time which they were so absent.
On motion of Mr. Richmond, the amendment was laid on the table, by yeas 23, nays 22-the Lieutenant Governor voting in the affirmative.
Mr. HORD moved to amend by providing for the payment of those who may be absent during the present session without leave.
On motion of Mr. DUNNING, the amendment was laid on the table by yeas 26, nays 18.
Mr. COBB moved to amend by striking cut all that part of the amendment which provides for the appropriation of $135,000.
On motion of Mr. BENNETT, the amendment was laid on the table by yeas 25, nays 21.
Mr. COBB moved to amend by striking out all that relates to the payment of interest.
On motion of Mr. CASON, the amendment was laid on the table by yeas 23, nays 21.
Mr. BRADLEY moved to amend as follows:
"Strike out all that part of the section appropriating money to various parties for sums advanced to the government; and amend so as to appropriate $135,000 for the support of benevolent institutions for the years 1863 and 1864."
On motion of Mr. CULLEN, the amendment was laid on the table, by yeas 24, nays 20.
Mr. BROWN, of Wells, moved to postpone the further consideration of this matter until five weeks from to-day.
On motion of Mr. BENNETT, the motion to postpone was laid on the table by yeas 32, nays 13.
The LIEUTENANT GOVERNOR directed the consideration of the House amendments seriatim.
The first amendment being read-the one appropriating the per diem withheld from a portion of the members of the last House of Representatives for the nine last days of that session of the General Assembly-
page: 194[View Page 194]The Senate refused to concur in the amendment--yeas 22, nays 23, as follows:
YEAS--Messrs. Allison, Beeson, Bennett, Bonham, Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, Milligan, Moore, Niles, Oyler, Peden, Richmond, Perry, Thompson, Van Buskirk, Ward, Woods-- 22.
NAYS--Messrs. Barker, Bowman, Bradley, Brown, of Wells, Carson, Cobb, Douglas, Downey, English, Finch, Fuller, Gaff, Hord, Jenkins, Marshall, Mason, McClurg, Newlin, Staggs, Vawter, Williams, Wright-- 23.
Pending the roll call--
Mr. BROWN, of Hamilton, announced that he was paired with Mr. Corbin.
Mr. Noyes announced that he was paired with Mr. Gifford.
The second amendment of the House, appropraiting $135,000 to repay the principal, with interest, on loans made by Governor Morton for the support of the benevolent institutions of the State, being read,
The Senate concurred in the amendment by yeas 25, nays 20, as follows:
YEAS--Messrs. Allison, Beeson, Bennett, Bonham, Cason, Chapman, Corbin, Cullen, Culver, Dunning, Dykes, English, Gaff, Hyatt, Milligan, Moore, Niles, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Wood, and Wright--25.
NAYS--Messrs. Barker, Bowman, Bradley, Brown, of Wells, Carson, Cobb, Douglas, Downey, Finch, Fuller, Hord, Jenkins, Marshall, Mason, McClurg, Newlin, Staggs, Vawter and Williams--20.
The other amendments--an emergency clause and a new title to the bill--were concurred in by consent.
RAILROADS.
Mr. DUNNING presented a lengthy printed petition from the managers of eight railroads embarrassed by the law in relation to domestic animals running at large, praying that owners of railroad tracks be put on an "equality with the owners of other landed property, and if that be found inexpedient, they pray for the passage of a law prohibiting the owners of domestic animals from suffering them to run at large within a distance of three to five miles of any main railroad track.
The bill was referred to the Committee on Corporations.
AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES.
The LIEUTENANT GOVERNOR then said: The question is on the passage of the joint resolution, [S. 16,] proposing to ratify the amendment proposed by Congress to the Constitution cf the United States.
On motion by Mr. DUNNING, the matter was informally passed over.
INTEREST ON UNIVERSITY BONDS.
On motion by Mr. WILLIAMS, his bill [S. 128] making appropriation for the payment of interest on the State University bonds for 1863-64, was read the third time, and finally passed the Senate by yeas 41, nays 1.
AN EXECUTIVE MANSION.
On motion by Mr. CULLEN, the bill, [S. 41,] authorizing the sale of the Governor's residence and other property belonging to the State, and appointing commissioners to build or purchase an Executive mansion, and allowing the Governor a sum not exceeding $5,000 a year until a residence be furnished him, was read the and passed by yeas 27, nays 20, as follows:
YEAS--Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, Caron, Cason, Chapman, Cullen, Davis, Downey, Dunning, Dykes, Hyatt, Moore, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Wood, and Wright--27.
NAYS--Messrs. Barker, Bowman, Bradley, Brown, of Wells, Cobb, Culver, Douglas, English, Finch, Fuller, Gaff, Hord, Jenkins, Marshall, Mason, McClurg, Newlin, Staggs, Vawter, and Williams--20.
SESSION HOURS.
On motion of Mr. OYLER, it was,
Resolved, That when the Senate adjourn it adjourn to meet tomorrow morning at nine o'clock.
APPRAISMENT OF REAL ESTATE.
On motion by Mr. COBB, it was
Resolved, That the Auditor of State be required to make an investigation of the reports of the several county officers in relation to the taxable real estate of 1861, and ascertain whether any auditor in any county has failed to add to the value of real estate the per centage ordered by the State board equalisation, and to report the result of such investigation to the Senate at his earliest convenience.
STANDING COMMITTEES.
The LIEUTENANT GOVERNOR announced the following:
Joint Committee on Enrolled Bills-Messrs. Van Buskirk, Oyler and McClurg.
Joint Committee on Public Buildings-Messrs. Davis, Thompson and Douglas.
Joint Committee on the State Library-Messrs. Gobb, Milligan and Bradley.
Joint Committee on the Canal Fund-Messrs. Chapman, Gaff and Peden.
IMMIGRATION.
The LIEUTENANT GOVERNOR laid before the Senate a communication from W. G. Manks, late Lieutenant Colonel of the 32d Regiment Indiana Volunteer lnfantry, proposing himself as an agent to induce emigrantion to settle in this State, for one year, with his office at Frankfort on the Main, Germany; the State to pay expenses, which would not exceed $2,000 or $3,000,
The communication was referred to the Committee on Rights and Privileges of the inhabitants of the State.
And then the Senate adjourned.
