IN SENATE.
TUESDAY, February 28, 1865.The Senate met at 2 o'clock P. M.
The Secretary's minutes of yesterday were being read, when-
On motion of Mr. ALLISON, the further reading thereof was dispensed with.
PER DIEM TO THE STATE PRISON COMMITTEE.
On motion by Mr. DUNNING, it was
Resolved, That each member of the Committee on State Prison be allow $3 for every twenty-five miles traveled in visiting the Southern and Northern Prisons of this State, and that the Auditor draw his warrant on the Treasurer of State for said several amounts upon the certificate of the President of the Senate that said services were rendered.
SESSION HOURS.
On motion of Mr. VAN BUSKIRK, it was
Resolved, That when the Senate adjourn it adjourn till to-morrow morning at 9 o'clock.
PETITIONS AND MEMORIALS.
Mr. TERRY presented two petitions praying for a majority liquor license law, which was referred to the Committee on Temperance without reading.
page: 336[View Page 336]Mr. TERRY also presented a petition from the citizens of Fulton county, praying for a legislative enactment that may relieve the estate of H. W. Mano, deceased, late Treasurer of Fulton county, from paying the sum of $2,878 92., money belonging to the State, stolen from the county safe when the said Mann was treasurer of said county. It was referred to the Committee on Claims.He subsequently presented a remonstrance from the same source, which took the same course.
REPORTS FROM COMMITTEES.
The Committee on Claims reported favorably on the following accounts:
W. R Holloway & Co., for Daily Journals, $728 25; J. H. Jordan, for Daily Gazette; $145 75; E. J. Metzger, for Weekly Freie Presse; $34 65; C. Kindler, for sundries, $5; Bowen, Stewart & Co., for stationery, $86 28; Charles E. Hawthorne, five dozen spittoons, $27; Charles Boetticher, for Weekly Volksblatt, $34 55; Merrill & Co., for stationery, $159 60, and $249 80, and $167 10, and $232 25.
The Committee on Corporations recommended the passage of the bill, [S. 187, as a similar bill is before the Senate,] amending the charter of the city of Madison.
Which reports were concurred in.
BUSINESS OF AN EXTRA SESSION.
Mr. NILES submitted the following:
MR. PRESIDENT: The Judiciary Committee report to the Senate that they have carefully considered Senate bill No 190, providing for the completion of unfinished business of a session of the General Assembly, in certain cases, and recommend that it be amended in a few particulars, by adopting the words of the constitution and so as to make it more general in its application, as shown by a memorandum hereto attached; and the committee recommend that the bill, so amended, be passed.
The committee are not able to see any constitutional objection to the bill, and are of opinion that in all cases where a special session of the General Assembly may be necessary, its provisions will work a great saving of time, labor and expense. A special session of the General Assembly is as completely a continuation of the same legislative body previously convened, as if, instead of the session having terminated by limitation of the constitution, or by adjournment sine die, it had only adjourned over a holiday. It may sometime occur that, at the close of a session, much important business will have been prepared, reported on by committees, and only awaiting a final vote. Measures may have passed one House, and have been on their passage through the other. It is obvious that for the General Assembly, under such circumstances, to proceed as if there had been no adjournment, would greatly facilitate the business of legislation. The committee are of opinion that the bill under consideration will effect that desirable end.
The report was concurred in.
THE NORTHERN PENITENTIARY.
Mr. ALLISON submitted the following:
MR. PRESIDENT: The Committee on the State Prison North, in discharge of their duty, have visited said prison and made due examination of its management, condition, necessities and accounts.
Your committee desire to bear testimony to the management and control thereof, and have no hesitation in saying that the prasent Warden, Thomas Wood, Esq., evinces those qualities which are necessary to a proper and efficient control of those whom temptation and crime have placed outside of the pale of good society; and amidst the degrading circumstances of prison life. Energy, order, firmness and watchfulness upon his part, and those assisting him, demand from us this testimony in his behalf. In view of the fact that it is necessary for proper government of an institution of this kind, that the Warden become conversant with the temper, habits and disposition of those committed to his keeping, your committee depreciate the idea of frequent changes being made in the person of Warden, or that his fitness for said position be ever based upon political character.
We find from the last report of the Director of said Institution, sustained by the report to the House in 1863, and confirmed by our own examination of the books and accounts of the prison, that the indebtedness of the prison to March 10th, 1863, was of principal $64,105 91, for which scrip has been issued under the signature of the Warden and Clerk, and countersigned by the Board of Control.
Your committee find that the indebtedness of the prison from the 10th of March, 1863, until the 15th of December, 1864, for which scrip has not been issued, amounts to $13,510 88, and they ask that provision to pay this be made in the General Appropriation bill. We further recommend that the Warden be allowed the sum of two thousand dollars per annum, the use of the residence upon the prison grounds, and the necessary pasturage and garden land, but no other perquisites. We feel free in saying that the present salary allowed to the Warden is inadequate.
We further recommed that such legislation be adopted as is necessary to abolish the office of Deputy Warden. He is a useless officer, except to draw a salary and live off the State. His place can be much better supplied by the guard. Your Committee would further state that it has been the constant practice of the Warden and Deputy Warden to have employed about their private business, convicts whose labor and time belongs to the State, without charging themselves for the same. We ask that this practice be prohibited by the Legislature. There is no justice in the Warden or his deputy using the labor of the State without compensation to the State, than there is in appropriating the money or ether property belonging to the State to their use without recounting for the same. Your Committee further report, from a hasty examination of the books and accounts in the Warden's office, they appear in the main to be correct; but as the time allotted to us to make the examination was so short we could not make an investigation which was satisfactory to ourselves or to the interest of the State. It would require the careful attention of a competent book keeper, with ample time to make a satisfactory report as to the condition of the books. In consequence of not having time to fully investigate the books and accounts, we do not feel warranted in saying there are any serious errors contained in the same. We do, however, call the attention of the Senate to the following discrepancy: The Warden charges himself with amount received from all sources in 1863, $20,689 55. when the actual amount received, as shown by the report of the Warden, amounts to the sum of $20,995 42, making a difference in favor of the state and against the Warden of $305 87.
Your committee have examined with care the present condition of the prison buildings, and regret to say that from two to four feet of the main wall on the east side, enclosing the prison grounds, will have to be taken down, owing to the improper material used, and the manner the same was erected. They believe the amount asked for the completion of parts of the Northern Prison by the Board of Control, as stated in their report to be correct, but we regret to say that under existing circumstances we cannot recommend an appropriation by this Legislature for said purpose.
The State has ample prison room in the Southern Prison for all the prisoners now confined in both prisons, and we do not feel that the people of the State ought to be burthened with additional taxation at this time to complete the Northern Prison however desirable it may be at some future time. It may cost the State a small amount in addition for grounds in the present unfinished condition of the prison, yet it is better to pay this additional amount than at this time to pay the heavier burthen upon the people by taxing them to raise $160,000 to complete the work asked for, as all kinds of labor and materials are double in price now to what they will be two years hence.
page: 337[View Page 337]Your Committee made a careful examination into the manner the prisoners had been kept and treated for the past two years. We take pleasure in bearing testimony to the faithfulness of the Warden. The prisoners uniformly say their treatment is good as, under the circumstances, they could ask. They have plenty of plain food well prepared.
We found the prison in a clean, healthy condition. The committee would further report that all the shops' tools and machinery belonging to the prison, seems to be kept in good order and repair, and the work made by the prisoners of excellent quality. It is claimed by Mr. Silver in consequence of the delay of the State in failing to pay him, that he is entitled to damages for such delay. The committee find on examination that he contracted with a full knowledge that he was not to receive his pay until the Legislature made an appropriation for the same, and put in his bill accordingly, by reason of which they say he is not entitled to damages. Your committee also recommend that an appropriation of $30,000 for the support of the prison for the ensuing two years.
Your Committee would further state that the prisons North and South, are each, as at present conducted, an expense to the State, costing from $15,000 to $20,000 per annum each, over and above all receipts, and as the committee are informed, and believe that said prisons can each be leaded to responsible parties, and will pay all expenses of the same and pay the State $10,000 per annum for the use of the prisons and the convict labor of each prison, we therefore recommend the speedy passage of Senate bill No. 153, which bill provides for the government and leasing of said prisons.
The committee would recommend that a joint committee of three, one from the Senate and two from the House of Representatives, be appointed with leave to set at any time during the adjournment of the Legislature, with authority to send for persons and papers, whose duty it shall be to make a full investigation into the accounts, contract and management of the prisons north and south, and report their proceedings when complete to the Governor, who shall lay the same before the sessions of the Legislature next ensuing after paid report.
All of which is respectfully submitted.
J. Y. ALLISON, Chairman.
Mr. CORBIN dissented from certain portions of the report.
Mr. ALLISON pronounced the Northern and Southern Prisons an incubus upon the State and a drain upon the Treasury.
Mr. VAWTER was opposed to all those kinds of legislative committees-such as this report recommends;they never amount to anything.
The report was concurred in by yeas 22, nays 20, as follows:
YEAS--Messrs Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, Cason, Cullen, Davis, Dykes, Gifford, Hyatt, Milligan, Niles, Noves, Oyler, Peden, Richmond, Thompson, Van Buskirk, Ward, Woods, and Wright--22.
NAYS--Messrs Barker, Bowman, Brown, of Wells, Carson, Cobb, Corbin, Culver, Downey, Finch, Fuller, Gaff, Hanna, Jenkins, Marshall, Mason, Moore, Newlin, Staggs, Vawter, and Williams--20.
So the report was concurred in.
STATE AGRICULTURAL COLLEGE.
Mr. DOWNEY submitted the following:
MR. PRESIDENT: The Judiciary Committee to which was referred resolution of the Senate instructing them to inquire into and report at what time the State has to put in operation the agricultural college, from and after the passage of the act of Congress appropriating lands for the endowment of such a college, have had the same under consideration, and have directed me to make the following report:
The third subdivision of section five of the act of Congress provides that any State which may take and claim the benefit of the provisions of the act, shall provide, within, five years at least, not less than one college as described, in the fourth section of the act, or the grant to said State shall, cease, and said State shall be bound to pay the United States the amount received for any lands previously sold, and that the title of purchases under the State shall be valid.
The seventh subdivision of said section requires the State to accept the donation within two years of the date of the approval of the act by the President. By a subsequent act, approved April 14, 1864, this time is extended for two years from the approval of that act.
It will be thus seen that the point of time from which the period of five years is to be computed, is not expressly fixed by the act, but the two years within which the grant must be accepted must be reckoned from the date of the approval of the original act in the one case, and the second act in the other.
It seems to the committee pretty clear, receiving the third subdivision alone, that the reasonable inference would be, that the time within which the condition must be complied with is five years from the date of the approval of the first act of Congress by the President.
But when the other provisions of the act above recited are considered, there would seem to be no reasonable ground to doubt that such is the proper construction of the law. Congress would hardly fix the date of the approval of the act as the time from which the period of two years should be reckoned, without intending, in the absence of any declaration to the contrary, that the period of five years mentioned in the same section of the act should also be computed from the same data.
EMPLOYEES OF THE SENATE.
On motion by Mr. OYLER, it was--
Resolved, That no attachee of the Senate, or the Clerk, or attachee of any committee of the Senate, be allowed to draw for, or have certified to them any per diem, or other allowance so that their pay or reward shall in any way or manner be duplicated, but that a certificate or pay for service, as such Clerk or attachee for one committee, shall be in full for all services by such person for the same time.
The State Prison Committee also made a report recommending the passage of bill S.153, (seepage 193 of these Reports)
On motion by Mr. BROWN of Wells, the report and bill were laid on the table.
INDIANA FEMALE COLLEGE.
On motion of Mr. THOMPSON, his bill 181 (see page 294 of the Brevier Reports) was read by title only, and referred to the Committee on Corporations.
HARBOR AT MICHIGAN CITY.
On motion of Mr. NILES, the bill H. R. 7 (seepage 41) was read the second and third time under a dispensation of the constitutional provision, and finally passed by yeas 47, nays 0.
COUNTY AND OTHER BONDS.
On motion by Mr. BENNETT, the Senate proceeded to consider the House amendments to the bill S. 3--see page 273 of these Reports.
Mr. BRADLEY. After voting for the amendment of the Senator from Howard [Mr. Richmond,] I took occasion to make inquiry of distinguished lawyers of our State, both Republican and Democratic, and I am assured by them that a law of that character would be unconstitutional, and believing; that it is our duty to make our legislation conform to the requirements of the Constitution of our State, I therefore move to reconsider the vote of the Senate adopting the amendment of the Senator from Howard, exempting certain property ; from the payment of the tax contemplated in page: 338[View Page 338] the bill legalizing the issuing of county bonds.
Mr. WILLIAMS asked that the vote be reconsidered and that the Senate pass the bill as it came from the House, with one simple amendment, and let it become a law as soon as possible. The amendment destroys the efficiency of the bill if it is allowed to remain.
Mr. OYLER undertook to say that so far as his information was concerned, the soldiers do not ask us to tax them (as was proposed in this bill,) to provide ways and means to keep others out of the army. This amendment does not propose to exempt a solitary man from taxation, but provides that the tax collector shall receipt to the have been or are now in the field for service and labor performed to the amount of their tax as assessed in this bill. If this amendment be stricken out the bill will be lost.
Mr. ALLISON hoped the Senate would adhere to the amendment, it is so manifestly right and just. He was satisfied there was no valid constitutional objection to the amendment.
Mr. CULLEN insisted that this bill ought to pass, and pass with this amendment incorporated in it. He was sure the amendment was constitutional, and hoped the Senate would stand firm.
Mr. COBB argued against the constitutionality of the bill, citing numerous authorities and appealing to the Constitution itself to sustain his argument. He desired to guard this bill so that no unconstitutional amendment should be incorporated in it.
Mr. CASON moved to lay the motion to reconsider on the table.
The motion was agreed to by yeas 26, nays 18 as follows:
YEAS--Messrs. Allison, Beeson, Bennett, Bonham, Bowman, Brown, of Hamilton, Carson, Cason, Cullen, Culver, Davis, Downey, Dunning, Dykes, Hyatt, Milligan, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Woods, and Wright--28.
NAYS--Messrs. Barker, Bradley, Brown, of Wells, Cobb, English, Finch, Fuller, Gaff, Gifford, Hanna, Jenkins, Marshall, Mason, Moore, Newlin, Staggs, Vawter, and Williams--18.
Mr. TERRY moved to amend the first section by adding the following:
Provided, That volunteers and substitutes procured or furnished by such bonds, orders or appropriations shall have been equitably credited apportioned pro-rata to the several tow ships composing the county where such appropriations have been made.
On motion by Mr. BENNETT the amendment was laid on the table by yeas 24, nays 18--as follows:
YEAS--Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bowman, Bradley, Brown, of Hamilton, Carson, Cason, Chapman, Cobb, Cullen, Culver, Dunning, Gaff, Hyatt, Newlin, Peden, Staggs, Thompson, Van Buskirk, Vawter, Williams--24.
NAYS--Messrs. Brown, of Wells, Davis, Downey, Dykes, English, Finch, Fuller, Gifford, Jenkins, Mason, Moore, Noyes, Oyler, Richmond, Terry, Ward, Woods, and Wright--19.
The House amendments and the amendments of the Committee of the Whole were then concurred in.
REVENUE FOR 1865 AND 1866.
On motion of Mr. CASON the bill, H. R. 160, [see pages 217 and 263 of these Reports] was read the third time and finally passed by yeas 43, nays 0.
WHITE WATER VALLEY CANAL.
Mr. VAWTER moved that the Senate proceed to the orders of the day.
Mr. BEESON proposed to amend the motion by an older that the Senate proceed to consider the bill S. 160 (see page 215.)
On motion of Mr. VAWTER, the amendment was laid on the table by yeas 24, nays 22.
Mr. RICHMOND proposed an amendment substituting the bill S. 126 (p. 138 )
On motion of Mr. HANNA the amendment was laid on the table by yeas 21, nays 19.
Mr. VAWTER demanded the previous question. There was a second of twenty-six Senators.
The main question was ordered, and being put--
The Senate agreed to the motion for the orders of the day.
Mr. BROWN, of Wells, moved to take up the bill, H. R. 59, (see page 262) and upon that motion demanded the previous question.
The demand was seconded by twenty-six Senators.
After same conversation across the House by Messrs. CULLEN, VAN BUSKIRK, DUNNING, BENNETT, OYLER and COBB
The second to the demand for the previous question wes withdrawn; and--
Mr. CULLEN submitted the following:
Mr. PRESIDENT: The Committee on Canals and Internal Improvements to which was referred House bill No. 59, together with petitions and remonstrances, beg leave to report that said bill was in our hands less than twenty-four hours, and said petitions and remonstrances less than four hours, (the Senate being in session during that time), they had no time to consider the same until a resolution was passed by the Senate, taking the same out of the hands of the Committee. And now, in pursuance of the said Senate resolution, the Committee return said bill, petitions and remonstrances to the Senate without any recommendation in regard thereto.
On motion of Mr. DUNNING the bill was read the second time.
On motion of Mr. BENNETT, the further consideration thereof was postponed till 2 o'clock to-morrow.
UNITED STATES DIRECT TAX--PRESIDENT'S ADVANCE.
On motion by Mr. CASON, House bills 140 and 153 [see pages 169 and 179 of these Reports,] were read the first time and then by title, and referred to appropriate committees.
NEW PROPOSITIONS.
The Committee on Organization of Courts introduced a bill [S. 192,] prescribing the time within which persons elected to the office of judge of the circuit, common pleas or probate courts shall qualify, and in default of their qualifying within the prescribed time, that there shall be a vacancy in the office, and declaring an emergency; which was read the first time only and referred to the Committee on Corporations.
By Mr. PEDEN, [S. 193,] to amend sections 4 and 5 of the act incorporating Knightstown, Henry county, approved February 2, 1837.
Read the second time by title only, and referred to the Committee on Corporations.
By Mr. WILLIAMS, [S.194,] requiring the State Board of Agriculture to publish semi-annual reports,and making appropriation therefor. page: 339[View Page 339] Read by title, and referred to the Committee [on] Agriculture.
By Mr. GAFF,[S. 195,] legalizing and declaring valid judgments and other proceedings had before the Dearborn county common pleas court held in February, 1865.
SHERIFF'S FEES.
On motion of Mr. BENNETT, the bill S. 184 (introduced yesterday,) was read the second time and ordered engrossed for the third read--
And then the Senate adjourned.
