IN SENATE.
THURSDAY. February 16, 1865.The Senate met at 2 o'clock P. M.
On motion of Mr. BONHAM, the reading of yesterday's minutes was dispensed with.
LEAVE OF ABSENCE
Was obtained for Mr. Davis, on account of sickness in his family.
THE SUPREME AUTHORITY.
The LIEUT. GOVERNOR presented a petition from citizens of Indiana, which was referred to the Committee on Rights and Privileges, praying that an amendment be made to the Constitution of this State, and that the Legislature request our Rspresentatives and instruct our Senators in Congress to use their influence to obtain an amendment to the Constitution cf the United States, so as to make it read as follows:
We, the people of the United States, (humbly acknowledging Almighty God as the source of all authority and power in civil government, the Lord Jesus Christ as the Ruler among the nations, and His revealed will as of supreme authority, in order to constitute a Christian government,) and in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common, defence, promote the general welfare, (and secure the inalienable rights and blessings of life, liberty and the pursuit of happiness to ourselves, our posterity and all the inhabitants of the land,)do ordan and establish this constitution for the United States.
And we further ask that such changes be introduced into the body of the constitution, as may be necessary to give effect to these amendments in the preamble.
MOBS OR RIOTS.
Mr. HORD submitted the following:
Mr. PRESIDENT-The Judiciary Committee, to which was recommitted Senate bill No 47, [see page 54 of the BREVIER LEGISLATIVE REPORTS.] with instructions to inquire into the expediency of so amending said bill, as to pro- page: 258[View Page 258] [pro]vide a remedy for past injuries committed by mobs and riots, have given the matter a proper consideration, and instructed me to return it as heretofore reported to the Senate, with the several amendments thus made by this committee, and when the same is so amended, recommend its passage. The committee does not deem it expedient to amend the bill in such a way as to impose a liability on cities and counties for past injuries, inasmuch as the bill is purely a police regulation, intended to create a sentiment and influence against riotous behavior, by making it the interest of every citizen to prevent and suppress it. And as the committee do not believe that the proposed amendment would subserve the purposes of the bill, though regretting the past and sympathizing with thoae who may have received injuries from the violence of riotous outbreaks, do not deem it proper to provide for those injuries in this measure.
The report was concurred in.
REPORTS FROM COMMITTEES
Were concurred in, recommending the passage of Senate bills numbered 30 and 31 (see page 44 of the BREVIER LEGISLATIVE REPOKTS, ( 87, (page 101,) 108, (p. 129) 121, (p. 138.) 149, (p. 170,) 150, (p. 193,) 158 and 160, (p. 215,) and recommending that 43, (p. 53.) 98, (p. 118,) 123, (p. 138,) and 146, (p. 165,) and that Colonel Mank's communication, (p. 194,) be laid on the table.
CONTESTED ELECTION.
Mr. DUNNING submitted the following:
MR. PRESIDENT:The Committee on Elections, to whom was referred the papers and depositions in the contest of Kennedy Brown against James H. Vawter, to a seat in the Senate of the State of Indiana, have had the same under consideration. The committee have patiently and carefully examined all the evidence in said case; they have also examined the law bearing upon the points arising from the evidence therein; have patiently listened to the argument of counsel in behalf of the contestor and contestee, and after mature deliberation the committee have instructed me to report that, in their opinion, James H. Vawter, the sitting member, has been duly elected to the office of Senator from the District composed of the counties of Jennings and Jackson.
Also, the committee are of opinion, that as plausible grounds of contest existed, they recommend that the contestor be allowed his per diem and mileage up to this date inclusive.
The committee further recommend that the contestor and contestee each be allowed $100 for attorney fees, and that the costs of taking depositions, except for attendance of witnesses, be allowed.
[The report also embraced resolutions in accordance therewith.]
The report was concurred in, and so the resolutions were adapted.
Mr. COBB moved to reconsider the vote concurring in the report of the committee, and to lay that motion on the table.
The latter motion was agreed to.
FEES AND SALARIES.
The Senate then proceeded to the consideration of the special order for this hour-being the bill [S. 67] regulating the fees and salaries of State and County officers-the question being on a motion to strike out section 7, baring reference to the fees of County Auditors.
Mr. RICHMOND was in favor of striking out every section which refers to increasing the pay of county officers. He read from the law requiring reports of fees received to be made to the State Auditor, and also from statements of fees filed with that officer in pursuance of the law referred to. Many county officers had not complied with this provision of the law, and he supposed the reason was that their receipts were so high they were ashamed to report them. He also read letters from county officers, stating that selfish motives would prompt them to urge an increase of fees, but for the public good they agreed that it was not best that the fees were ample, even in the present financial state of affairs. This was no time in the history of our State for an increase of fees, He insisted that the amendment should be adopted, hoping that the bill itself would be eventually voted down.
Mr. COBB was also in favor of striking out the seventh section; for County Auditors were better paid for the services rendered than the other county officers. At a time like this we ought to be careful not to increase the fees of our officers beyond what is absolutely necessary. In justice to the people of the State, this section ought certainly to be stricken out. All county officers except sheriffs, receive enough pay--though it may bs considered not enough in times like these by the officers themselves; for everybody seems to have a more grasping disposition than common. If consistent with duty he should vote for this section, but he could not, and would be compelled to vote for striking it out.
Mr. WRIGHT had no feeling about this matter, but if the gentleman from Howard (Mr. Richmond) would withdraw his amendment to the amendment, he would withdraw his also, and would move to indefinitely postpone the bill with a view to making than the test vote.
Mr. CASON counselled Senators to reflect before they act hastily upon the matter. The statement of fees read by the Senator from Howard were certainly lower than he expected to hear. The making out cf a duplicate tax list is in itself quite a job--every county auditor has to employ a deputy at times, and in most of the counties they have a deputy during the entire year. Taking into consideration the responsibilities and expenses of that office, and the charities the incumbents thereof dispense, the pay proposed is not too large. The clerks and other officers count one figure as a word, while in the auditor's office three figures are counted for one word. You should pay your county officers a salary sufficient to command competent men. He proceeded to show that it is bad economy to reduce the fees of any officer.
Mr. CORBIN favored the motion to strike out this section, and should favor motions to strike out the balance of the sections, The parentage of this bill is evident. It belongs to that class of blood-suckers that have appeared here ever since the beginning of the session. The friends of this measure appear to be laboring under the theory that the resources of the people are inexhaustible. But while they do this, they appear to ignore the fact that all appropriations are met by taxation, and taxes are met by the farmer digging it out of the ground. It is also contended that we page: 259[View Page 259]at raise the salaries, so that officers won't steal. I deny this proposition. If a man is a thief be steals because he is a thief, and whenever a good opportunity offers. We have penitentiaries erected for such men, and that is the lire to elect them to; and I will say to the Senator from Boone (Mr. Cason) that if he can't find honest men enough in his county to fill the offices at the present fees and salaries, they had better send them to the penitentiary, and we will emigrate some honest men from the north to fill them. Two classes of individuals seek office-the one a thorough business man of wealth and influence, who wants the office to make money out of it, the other is the poor man, who seeks the office upon the plea of necessity. It is not this class who are now seeking an increase of fees. They are making more than they ever made before, and with this are satisfied; but the cry goes up from that other class of fat, good-looking men, who fare sumptuous every day, and dress in purple and fine linen. This is no time to listen to their speculative demands; this is no time to take money from the hands of the poor, and put it in the hands of the rich.
Mr. DOUGLAS referred to the resolution he introduced some days ago, concerning an association formed by county officers, which was possessed of moneys for the furtherance of the objects of the bill under discussion, viz: an increase cf fees. He would not have introduced that resolution bad it not been that some members of that association not more than a week ago inquired of him whether any member of this Legislature had received any benefit from that fund. This led him to make inquiries, and he learned that a committee of three had a fund made up by levying taxes on officers of the different counties of the State, which they were empowered to distribute. He had been in favor of increasing the salary of county officers, and was yet in favor of it, but took it as a high insult to the Legislature of the State of Indiana that a fund should be raised in order that it might have its influence upon men the people have sent here to represent them on this floor. Those who furnished that association with money were probably innocent, and if so they have been wronged. But why was this fund raised?
Mr. CASON was requested to say to the Senate that the fund raised by Auditors was only $400. and it was simply for the purpose of employing some person to draw up a bill, and was not employed for any other purpose. The Sheriff's fund was only $115, and perhaps some $70 has been expended for the purpose of drawing up a bill on their part-the balance remaining in the hands of the Treasurer.
Mr. COBB was authorized to say that the Clerks of the various counties have not contributed one cent to this fund.
Mr. DOUGLAS. If that was the object of the fund it was all right. If the people had been so far mistaken as to send men here not capable of drawing up a bill of that character then they did well to employ men with the capacity and ability to frame such a bill, and gentlemen possessing such ability ought to be paid for their services. He would regret to live in a State where it was a hard matter to get an honest county officer. The question in naming a bill of this kind is: "What is the right and proper fees to be paid for the service performed? not what is the lowest salary we an get a man to take the office for. The bounty Auditor is probably the one most illy paid. He should vote for the bill as it is, although in his opinion the fees and salaries should be increased more than the bill proposes.
Mr. RICHMOND demanded the previous question.
The demand was seconded by twenty-six Senators.
The question being: Shall the main question e now put ?
It was so ordered.
The seventh section was then stricken from he bill by yeas 22, nays 20.
Mr. MILLIGAN moved to strike out the second section of the bill.
Mr. WRIGHT moved to indefinitely postpone the bill.
Mr. BENNETT hoped the Senate would not postpone the bill simply because it was thought Auditors' fees should not be increased.
Mr. WRIGHT was favorable to raising these fees, but we have spent nearly a day on the 7th section, and he was opposed to discussing this matter so long, and then killing what we have done.
Mr. McCLURG insisted there was a crying necessity that the fees of township officers should be raised. There was some good things in the bill, and we should not reject them.
Mr. NILES said that he had prepared an amendment which he intended to offer, if necessary, at the proper time, limiting the operation of the bonds to two years. Was he certain that the present state of things would continue, he should be prepared to vote for an increase of fees and salaries; but he hoped and trusted that the war was approaching its end, when a temporary paralyzes would fall on the industry of the country. The vast energies which are now directed to the prosecution of the war must then find new channels which will require time. During such a transition period, prices will be greatly depressed-the currency will be curtailed, and we shall slowly return to a specie basis, though he did not doubt that we should, after the close of the war, experience a gradual renewal of more than our former prosperity. He could not think that the present was a proper time to make the change contemplated.
Mr. THOMPSON supposed there were some officers interested in the bill whose salaries he would not be willing to increase, but the sheriff of his county could hardly live from office fees after paving deputies, and from other portions of the State come the same complaints. When Senators and Representatives raise their own fees in the way of voting money to themselves in the shape of stationery, they should carefully consider before they refuse to raise the salary of officers we know are suffering for it, and that, too, only the little sum of 20 per cent.
Mr. CARSON. Economy in public and private expenditure was practised by our fathers, but now we are in an age when greenbacks page: 260[View Page 260] flood the country. There must be a stop of this extravagance somewhere; now is the time to begin. The bill before us legislates for the affairs of the State, but is it really necessary for the public good? If so, upon what principle? Are the people suffering from inefficient officers, or, are the officers not receiving a living compensation? Where are the means to supply the public expenditures, to come from? I must come from the productive industry of the country, and that labor is entitled to fostering and protecting care from us. There are not very many of these office holders, he apprehended, but that were living better than they were before they accepted the offices. This is not the time for us, as prudent legislators, to be extravagant, but it is a time above all others when we should be cautious. The people do not demand this measure, and we should not place further burdens upon them. They have burdens enough on them now, and they will have more.
Mr. BROWN, of Wells, was unequivocally in favor of this bill, because the present fees of officers are not, relatively, what they were before the war broke out. If the fees, as they exist now were but a just compensation before fie war, now that the prices of labor, food and clothing have advanced, existing fees would bs manifestly unjust.
But it is said we should not legislate for the present condition of things, which are but temporary. I do not say it confidently, but I think history will bear me out in the assertion that trade and commerce do not readily resume upon the termination of wars, their pre-existing status. There is no probability, in my opinion, but that the present condition of things will last at least two years longer. I am not so sanguine as some other Senators to think that the "good old days" will return ere two years more run by. If they should, however, in two years, another legislature can restore the old order of fees.
I cannot but remark, sir, this hesitation exhibited in legislating for the present condition of war, and when that legislation contemplates only the enactment of a necessary law, while upon measures changing the organic law of the State, for the war condition, no hesitation whatever was exhibited. That sacred instrument, which should only be reverently approached and touched only with careful hands, Senators seem disposed to make a plaything of, such is the carelessness and facility with which they would amend it.
But some say that they will increase the fees of certain officers, but not of all. If the existing scale of fees was just, surely then, the reasons existing in favor of raising one officer's fees exist for, raising all. I, therefore, am in favor of this bill just as it came from the hands of the committee, and in that shape I trust it may pass.
On motion of Mr. BROWN, of Wells, the motion to postpone was laid on the table by yeas 36, nays 4.
The question then recurring on striking out the second section relating to the fees of clerks,
Mr. BEESON. If these officers are paid as well for their labor as are other officers of the county, then the question arises should we in-crease it beyond that point? la his county these men are better paid than those engaged in the productive interests. Such being the fact it would seem to be the duty of every Senator when acting upon a proposition of this kind, to let officers receive compensation only in proportion to the labor performed and the services rendered to the community. But there are cases in which officers are required to pay money out of their own pockets, for instance the sheriff, who if the fees of any officer in increased, should bo one to receive the additional compensation. He would be serving the interest of his constituency to vote to strike the proposition now before the Senate, from the bill.
Mr. MILLIGAN had taken some pains to make inquiry respecting the pay of clerks, and had found that the clerk of his county would not sell out the office for $3,000 a year. That is a compensation sufficiently high. There have been no persons petitioning to raise these salaries but the present incumbents of the offices, and at this time, when the taxes of the State must necessarily be increased, we ought to try and hold these things as level &a we can.
The second section was stricken out by yeas 26, nays 15.
On motion of Mr. CORBIN, all of the first section after the enacting clause, and third and fourth sections, relating to clerks, were stricken from the bill.
Mr. WRIGHT moved to strike out the fifth section, in relation to Sheriff's fees.
On motion of Mr. VAWTER this motion to strike out was laid on the table by yeas 36, nays 6.
Mr. WILLIAMS moved to strike out of the section all except the $3 per diem for attendance on court, and the fees for serving writs and boarding prisoners.
The motion was agreed to by yeas 21, nays 20.
Mr. RICHMOND moved to strike from the bill the sixth section, relating to Recorders fees.
The motion was agreed to upon a division affirmative 27, negative not counted.
On motion of Mr. TERRY, the eighths section, relating to Treasurers' fees, was stricken from the bill.
Mr. CASON moved to amend the bill by inserting the law of 1855 in relation to Treasurers.
On motion of Mr. RICHMOND, the amendment was laid on the table by yeas 26, nays 16.
SESSION HOURS.
On motion of Mr. VAWTER, it was
Resolved, That when the Senate adjourn, it adjourn to meet to-morrow morning at 9 o'clock.
And then the Senate adjourned.
