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Brevier Legislative Reports, Volume 7, 1865, 428 pp.
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IN SENATE.

TUESDAY, February 21, 1865.

The reading of yesterday's journal was begun, when--

On motion by Mr. NILES, the farther reading thereof was dispensed with.

On motion by Mr. WILLIAMS, it was--

Ordered, That the Senate proceed to the consideration of bills on the third reading:

DESTRUCTION OF COUNTY RECORDS.

On motion by Mr. WRIGHT, his bill 150, (see page 193 of the BREVIER REPORTS,) for the relief of Jasper county, was read the second time, and passed to the third reading.

Subsequently on his farther motion, the Constitutional provision was suspended; the bill read the third time, and passed by yeas 34, nays 0.

REPORTS FROM COMMITTEES.

Were concurred in, recommending the passage of the bill, S. 38, (page 44,) and House bills 84, (p. 111) and 160, (p. 217 )

NO QUORUM.

Mr. VAWTER demanded a call of the Senate.

It was ordered and discovered the fact that there was no quorum present, and but four Senators absent without leave.

On motion by Mr. COBB, the Doorkeeper was directed to bring in the absentees.

AGRICULTURAL REPORTS.

Mr. BEESON submitted the following:

MR. PRESIDENT-The Committee on Agriculture, to which was referred the memorial of the State Board of Agriculture, asking an appropriation to enable them to publish the reports of the State Board of Agriculture, have had the same under consideration, and direct me to report that they deem it inexpedient to make such appropriation. From the fact of the large demands that will necessarily have to be made upon the Treasury, admonishes them that economy should be practiced at every point that will best subserve the public interest.

Mr. WILLIAMS objected to concurring in the Committee's report and insisted that the State Agricultural Reports should be printed, as they always contain matter of interest to the people of the State at large. He would like to see this committee report laid on the table.

Mr. STAGGS was also in favor of an appropriation for the purpose of printing these Reports of the State Board of Agriculture.

On motion by Mr. CASON the report was laid on the table for the present.

TOWNSHIP BONDS

Mr. BENNETT submitted the following:

Mr. PRESIDENT-The Committee on Military Affairs, to whom was referred the petition of John D. Wilson and others, citizens of Pleasant township, in Laporte county, asking for the enactment of a law authorizing township Trustees to issue bonds for the purpose of raising volunteers, have had the same under consideration, and have instructed me to report the same back to the Senate, and recommend that it lie upon the table, as the committee are of the opinion that such legislation would be unwise and inexpedient.

The report was concurred in.

NEW PROPOSITIONS.

The following bills were introduced, read the first time, and passed to the second reading:

By Mr. NILES, [S. 174 ] to provide for the protection of wild game, defining the time in which the same may be taken or killed, and declaring the penalty for the violation of this set, repealing all laws inconsistent therewith, and declaring an emergency.

By Mr. NILES, [S. 175,] to authorize the formation of companies for the detection and apprehension of horse thieves and other felons, and for mutual protection, and repealing all laws inconsistent therewith.

By Mr. CORBIN, for Mr. Carson, [S. 176] authorizing assessment and levy of tax in the several towns and cities in this State, on real and personal properly of all railroad, companies within the jurisdiction of such towns and cities.

By Mr. DUNNING, [S. 177,] for the relief of persons who have paid certain claims to the State, or to the proper officer, under color of judicial proceedings, and to subrogate each persons to the rights of the State. [Read the second time by title, and referred to a select committee, viz: Messrs. Dunning, Niles and Downey ] Subsequently this committee reported in favor of the bill, and it was read the second time, and under a dispensation of the constitutional provision, it was read the third time, and passed by yeas 36, nays 0.

By Mr. DUNNING, for the Lieutenant Governor, [S. 178,] to authorize the formation of companies for the construction of water works in and for incorporated cities, to enable such cities to subscribe stock in such companies and to issue and sell bonds for the payment thereof. [Read the second time by title and referred to the Committee on Corporations ]

By Mr. THOMPSON, [S. 179,] fixing the salaries of the Superintendent of the Hospitals for the Insane, Deaf and Dumb and Blind.

page: 284[View Page 284]

OFFICERS OF THE BENEVOLENT INSTITUTIONS.

Senate bill No. 38, (see page 44 of these Reports ) was read the third time.

Mr. WILLIAMS objected to the bill because it proposed to legislate for the year 1869. Why legislate at this session of the General Assembly for the Legislature which will meet here two years from now?

Mr. VAN BUSKIRK. The passage of the bill may then be delayed till after the President of the Board shall be elected, and that Legislature would feel the same delicacy on this subject that we do now.

The bill was rejected by yeas 5, nays 30.

Mr. CORBIN, in explanation of his vote, remarked, that he had been laboring very hard to make this bill satisfactory to the Republicans The bill had beep changed and changed again to suit the objections urged against it. As fast as objections were made he had tried to meet them until he had come to the conclusion there could be no bill got up on this subject that will suit them. The last objection urged was, that it was going to turn out of office the present President of these Institutions, but this morning the bill was reported to the Senate, amended so as not to take effect till the term of the present incumbent had expired, and yet they are not satisfied. He regretted that this bill, which would certainly put an end to the facilities for perpetrating so many frauds upon these Institutions, should fail. He regretted that so many Senators should feel it to be their duty to vote against a bill of this kind for reasons which, they themselves, must acknowledge are not very well founded.

MOBS AND RIOTS.

Senate bill. No. 47, (see page 54) was read the third time.

Mr. NILES said that the bill under consideration introduced a new and important principle into our laws. It would give to every inhabitant of a city or county a direct pecuniary interest in the preservation of public order. We should require all our citizens to obey the laws, and should punish them if they do not. But while they obey the laws they ought to be protected in their persons and property. Such a law has been in operation several years in the State of New York, and its operation has been, found to be beneficial. He trusted that the bill would receive the unanimous approval of the Senate.

The bill was then passed by yeas 36, nays 0.

CITY TAXES.

Senate bill No. 93, (described on page 110 of the BREVIER LEGISLATIVE REPORTS,) was read the third time and passed by yeas 34, nays 1.

INDEXES TO CLERK'S RECORDS.

Senate bill No. 99, (see page 118) was read the third time and passed by yeas 32, nays 3.

INDIANA REPORTS THREE FOURTHS OF A CENT A PAGE.

Senate bill, No. 101, (page 125) was read the third time, and passed by yeas 35, nays 0.

COUNTY TREASURERS' BONDS.

Senate bill No. 104, (described on page 129 of BREVIER LEGISLATIVE REPORTS,) was read the third time and passed, by yeas 35, nays 0.

DIVORCES

Senate bill, No. 108, (described on page 125 of the BREVIER REPORTS.) was read the third time and passed by yeas 36, nays 0.

LABORERS ON RAILROADS.

Senate bill, No. 144, (page 134,) giving protection to laborers and excluding the construction of the present law which extends this protection to contractors, was read the third time, and passed by yeas 36, nays 1.

WHITE, NEWTON, BENTON AND JASPER CIRCUIT COURTS.

On motion of Mr. WRIGHT, his bill, 168, (page 242.) was read the third time and passed by yeas 36, nays 0.

On motion of Mr. COBB further proceedings under the call of the Senate were dispensed with.

VALUATION AND ASSESSMENT.

Senate bill No. 118, (p. 134,) was read the third time and passed by yeas 34, nays 2.

SELECT COMMITTEES.

The LIEUTENANT GOVERNOR announced the following Select Committee of 1 from each Congressional District on the bill, [S. 165,] regulating the mileage, &c., of Sheriff and Treasurers, viz: Messrs. Cobb, Fuller, Bradley, Gifford, Beeson, Oyler, Moore, Milligan, Wright, Noyes, Richmond.

Also the Committee on Statuary, viz: Messrs. Dunning, Van Buskirk and Downey.

SOLDIERS' RELIEF.

On motion by Mr. CHAPMAN the bill, [H. R. 14 ] was taken from the table and made the special order for 2 o'clock this afternoon.

And then came recess for dinner:

AFTERNOON SESSION.

Senate bill No. 122--weights and measures (see page 138,) was read the third time and passed by yeas 35, nays 1.

BOUNDARIES OF JACKSON AND LAWRENCE COUNTIES.

Senate bill No. 127 (page 138,) was read the third time and passed by yeas 37, nays 1.

WATER WORKS FOR CITIES.

Leave being granted Mr. WARD, from the Committee on Corporations, reported back the bill S. 178 (introduced this morning,) recommending its passage, with the following amendment, adding in the proper place these words: And any railroad company of this State may subscribe for and own stock in such company, and shall be entitled to all the rights and privileges of other stockholders.

The report was concurred in.

On motion by Mr. DUNNING, the bill was read the second time, and ordered to be engrossed for the third reading.

THIRD JUDICIAL CIRCUIT COURT.

Senate bill No. 133, was read the third time and laid on the table.

Subsequently on motion by Mr. WILLIAMS was taken up and passed by yeas 34, nays 0.

RELIEF OF THE FAMILIES OF SOLDIERS AND SEA-MEN.

On motion by Mr. CHAPMAN, the Senate resolved itself into a Committee of the Whole page: 285[View Page 285] --Mr. Downey in the chair--and proceeded to the consideration of the special order for this hour, being the relief bill H. R. 14--see pages 142, 143, 144, and 145 of the BREVIER LEGISLATIVE REPORTS.

Mr. VAWTER moved to amend the first section by striking out "three" before the word "mills," and inserting in lieu thereof the word "two." He believed that tax would raise revenue enough. If it would not he would be willing to vote any amount that was sufficient.

Mr. CHAPMAN made a few remarks, in which he made a statement that the total amount of taxable property in the State is $516,800,000, which taxed at three mills, as provided for this bill, would yield $1,550,400 00, and the amount of taxable polls, according to the assessment of this bill, would yield $197,000 00, making a total revenue of $1,747,000 00, from which deduct one-fifth for delinquents--$382,466 00--would leave $1,364,534 00 for distribution among soldiers' families, which estimate will give each wife, mother, or widow about $5 per month, estimating them at fifteen thousands, and $1 per month to each child under twelve years old.

Mr BENNETT believed that the Senate will feel willing to take the estimates of the Finance Committee. For one, he should base his vote the data as furnished by that committee, and favored the tax of 30 cents on the $100, as they had recommended. He also contended that the families, the wives and children of our brave soldiers, should all be treated alike, as the Finance Committee has provided; and that it should not be left to the Township Trustee or any other man, to decide as to what family should receive the benefits of this fund, and what family should not. We make no distinctions in the taxation, and let us make no distinctions in the distribution of the benefits of this bill. He favored the raising of any tax, no matter how large, so it was sufficient to take care of the wives and children of our brave soldiers and children.

Mr. CULVER made an ineffectual motion to lay the amendment on the table.

Mr. COBB thought the principle and object of this bill was one of charity. We have arrived at a period in our history when we can only dispense charities to objects upon which our charities should be bestowed. We should confine this bill only to objects that deserve the moneys of the State. If we had the money, it would be well to pay every private soldier $30 or $50 a month. You cannot put a money value on the services the soldier renders when he goes to battle for his country. But we have to partially pay him, and then, after that, we should meet objects on which our charities should be bestowed. It is our duty to enable soldiers' families to live comfortably, and would to God we were not compelled to make distinctions. The principle of this bill is wrong, because it attempts to reach beyond our duty in the case, and include those who are not in need of our charities. The bill provides that the families of all soldiers shall have its benefits, whether they are in need or not.

Mr. BENNETT would like to inquire who is going to determine whether the family is needy or not? Would such decision be uniform18throughout the State? Is there any rule by which this distinction could be made just and uniform?

Mr. COBB. Certainly. Let the bill provide that its benefits shall be distributed to those families whose heads are worth not more than $1,000, say. This is a bill for bestowing charities, and it should not be viewed in any other light. We have no money, in these times, to bestow upon men, over and above what their services are worth. He would want to disown a residence in a county where the soldiers' wives and children were not properly taken care of.

Mr. CORBIN. The question as to the amount of tax depends upon the question as to whether we will extend this benefit to all soldiers' families, or only to those who are needy. And this latter question should be the first one decided. He was satisfied the estimate made by the Committee on Finance of the number of soldiers' families was far too low.

Mr. CASON objected to making the workings of this bill as though the recipients were objects of charity. The logic of gentlemen making such arguments was not consistent. The gentleman last up has been an advocate of the Morgan raid bill, and why not discriminate in that bill so that no loss shall be paid to any party worth more than $1,000.

Mr. COBB. In that case, property was forcibly taken from them; in this case, we are looking to the good of the family of the soldier, and propose to dispense to them things of which they stand in need.

Mr. CASON reviewed the arguments of the gentleman, while contending that the benefits of this bill should be dispensed on the ground of charity; taking the gentleman's conclusions on the Morgan raid bill and applying them to this bill, to show that the gentleman was inconsistent. Mr. Cason had not a feeling in his system that did not abhor the idea of making the wives and children of our soldiers simply objects of charity, under the hand of some petty tyrant who will go around inquiring as to their means. If we make them mere objects of charity, we have poor houses and laws enough already to take care of paupers. He would vote against this bill from first to last, if it be made a charity bill. Suppose one family has $1,000 in cash, and another a house, or stocks worth $1,600: in the former instance, the family can live on this money; but in the latter, how will they get along without selling the house or the stocks? There must be any amount of unjust discriminations, if the plan proposed by the Senator should be adopted, For mercy's sake, let us not make any discriminations in the bill, or make paupers out of soldiers' families.

Mr. CULLEN would be second to no man in voting money for the maintainance of the families of volunteers who may need it, and in order to find out what families are needy, let this fund be distributed by the township Trustee. But he would not vote for this bill as long as the money is to be distributed indiscriminately.

On motion by Mr. HANNA, the committee rose, reported progress, and asked leave to sit again.

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Leave was granted for Thursday morning at 9 o'clock.

PAY OF DOOR-KEEPER IN 1863.

Mr. COBB offered a resolution allowing Samuel G. Thomson six dollars a day (and mileage for 174 miles) for six days' services as Door-keeper in the organization of the Senate at the session of 1863.

The resolution was referred to the Committee on Claims.

AMENDING THE CHARTER OF EVANSVILLE.

Senate bill No. 135 (see page 162 of the BREVIER LEGISLATIVE REPORTS) was read the third time and passed, by yeas 34, nays 0.

SESSION HOURS.

On motion by Mr. BENNETT, the Senate took up his resolution, of which he gave notice late in the session of Wednesday afternoon.

The resolution failed to pass upon a division--affirmative 15, negative 14--no quorum voting.

And then the Senate adjourned.

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