IN SENATE.
WEDNESDAY, November 22,1865.The Senate met at two o'clock, P. M.
On motion by Mr. BENNETT the reading of yesterday's journal was dispensed with.
PETITIONS AND MEMORIALS.
Messrs. WEIGHT and BROWN, of Wells, each presented petitions for the repeal of the law for the relief of soldiers' families, etc., which were referred without reading.
Mr. VAN BUSKIRK presented a memorial which was referred to the Committee on Temperance without reading.
SUPERVISORS OF HIGHWAYS.
Mr. TERRY, from the Committee on Corporations, returned the bill [H. R. 79] to amend page: 84[View Page 84]the Supervisors' act of March 5, 1859, with amendments thereto, recommending passage.
The report was concurred in, and the bill was read the second time.
Mr. BENNETT moved to amend the bill so as to allow the Supervisor to employ men to work out commutation money at wages not to exceed two dollars per day.
Mr. COBB was in favor of putting the figure at such an amount as will compensate every man who performs labor on the highways. No better safeguard can be thrown around officers than to make the law clear.
Mr. WEIGHT. No Supervisor ought to be allowed to pay more than the man pays who does not work his road tax out.
Mr. CORBIN thought there should be some discretion left with the officer - the people themselves can regulate these things.
Mr. CULLEN. The amount of commutation money should be the standard to pay for work on the road.
Mr. CASON was anxious that this bill should become a law.
Mr. McCLURG was willing to leave discretionary power in the hands of the Supervisor, and would be glad to see the amendment passed.
Mr. WILLIAMS would leave it altogether discretionary with the Supervisor, and moved to strike from the amendment the words "not to exceed two dollars."
On motion of Mr. CULLEN, this amendment was laid on the table upon a division - affirmative 21; negative 18. And the amendment was laid on the table by yeas 29, nays 13.
Mr. RICHMOND moved to increase the price of commutation from $1 50 to $3 00.
On motion of Mr. COBB, this amendment was laid on the table.
The bill was then ordered engrossed.
A MESSAGE FROM THE ACTING GOVERNOR.
During the consideration of the bill just ordered to be engrossed, the Executive Messenger communicated the following:
To the Senate and House of Representatives:
At the commencement of the present Special Session, His Excellency, the Governor, in his message invited your attention to the necessities of the speedy establishment of an institution in which Indiana soldiers and seamen, disabled by wounds or disease contracted in the service of the United States, shall be cared for and maintained during the continuance of the disabilities under which they are laboring. He also said, in the same connection, that the United States General Hospital at Jeffersonville is one of the most complete establishments of the kind in the country, and is well adapted to the purposes of a Soldiers' Home, and that he had written to the Secretary of War and Surgeon General for information as to whether the Government would be willing to turn over this hospital to the State of Indiana, to be used in the establishment of such an institution, should the State desire it, and that the answer, when received, would be communicated to the General Assembly.
Since the departure of Gov. Morton a communication has been received from the office of the Surgeon General in reply to his letter of inquiry mentioned in his message, in which it is stated that upon application to that effect by the State of Indiana, the Surgeon General will recommend that the general hospital at Jeffersonville be turned over to the State authorities upon the same terms as the Tripler Hospital was turned over to the State of Ohio. A copy of this communication from the Surgeon General's office is herewith respectfully submitted.I have no difinite information as to the terms upon which Tripler Hospital was turned over to the State of Ohio, but believe that the only terms required was a guarantee on the part of the State that the property donated should be faithfully applied to carry out the object for which it was given.
I have written to the Surgeon General since the receipt of this communication for information as to the precise terms upon which Tripler Hospital was donated to the State of Ohio. If the land upon which the General Hospital at Jeffersonville is situated, comprising, as I am informed, about one hundred and sixty acres, can be procured for a reasonable price, this offer of the government to turn over the Hospital buildings, with the appurtenances, would seem to afford a solution of the Soldiers' Home question, so far as its location is concerned. Indeed, if such an institution is to be at all provided by the State or the people, and of this I do not permit myself to doubt, we can not afford to decline the offer of buildings and improvements of the value of not less than three hundred thousand dollars, adapted to the accomplishment of the very object we have in view, whether the owners of the land will or will not consent to sell the land for a reasonable price. If they refuse thus to sell, the remedy of the State is plain. It is to provide, by Legislative enactment, for the taking of the property, and for the assessment of the just compensation to which the owners would be entitled under the Constitution. With these suggestions, the whole subject is again commended to your careful consideration.
Whenever an answer is received from the Surgeon General as to the terms upon which Tripler Hospital was turned over to the State of Ohio, it will be communicated to the General Assembly.
CONRAD BAKER, Lieutenant Governor, Acting as Governor.
SUPERVISORS.
Mr. WEIGHT, from the Committee on Roads, returned the bill [S. No. 134] rendering exemption from work on highways more difficult and expensive, recommending that it lie on the table, it being similar to the bill H. R. 79, just passed to the third reading.
The report was agreed to.
FAMILIES OF SOLDIERS, ETC.
Mr. BENNETT, from the Select Committee thereon, returned the bills [S. No. 197 and S. No. 198] for the repeal of the Act for the relief of families of soldiers, etc., (described in these Reports of Nov. 14,) recommending indefinite postponement of No. 197 and the passage of No. 198.
The report was concurred in, and S. No. 198 was read the second time.
Mr. CORBIN moved to amend the bill by striking out so much of section 3 as occurs after the word "cease," in the fourth line.
On motion by Mr. RICHMOND, the amendment was laid on the table.
On motion of Mr. CULLEN the rules were suspended - yeas 36, nays 6 - and the bill read the third time.
page: 85[View Page 85]Mr. CORBIN. One of the strongest arguments used by its friends in fayor of the passage of the bill for the relief of the families of soldiers, was that the burthens should be equally distributed; but where is the equality of the distribution now? And where is the theory they urged with so much vehemence, when they now come in and propose to repeal that law, and when they vote down almost unanimously an amendment proposinr to put it upon the same ground they urge as a reason why the bill should pass? If it was just to make an equal distribution at the time of the passage of the bill, upon what ground has it ceased, and why should there not be an equality of distribution now? If there was justice in it then, there is justice in it now. There is reason why the bill should be repealed, but there is a great injustice in not having that fund distributed in accordance with the provisions of the law. And then there has been a species of log rolling for the passage of this bill. The petitions presented here were printed in Indianapolis, and they have been sent to every county in the State. Here is where the whole thing originated. They were printed at the Journal office - all there petitions were.
Mr. BENNETT. The reason we want to repeal this bill now is that the war for which it was made and designed is over, and there are not now the number of beneficiaries there were before. I knew the counties of Union and Fayette would pay a greater amount into the State Treasury than they would receive from it, but I thought it nevertheless my duty to vote for the bill. There being no soldiers now to pay it out to, the surplus money put into the Treasury from such counties as Union and Fayette will go into the Treasury of Marshall or some other county, and there be used as other county monies, and to that I am opposed.
Mr. CORBIN (interposing). The expenditure has already been made for the support of these families, and that county perhaps may be in debt to the amount required under the provisions of this bill, and why should the money be withheld?
Mr. BENNETT. If the war had continued, and the soldiers remained in the field up to this day, it would be wrong to change it; but it has happened fortunately for this country that these soldiers have come home; and it is not possible that the people have expended all the money they would have expended had the war continued to this time.
Mr. CORBIN (interposing). If it is right provided they have paid it all, is it not half right if they have paid half?
Mr. BENNETT. If they have expended more money than they have collected there might be some reason in the argument; but unless they have violated this law, they have not paid out more than has been collected.
Mr. OYLER remarked that the question was on the passage of the bill, and the necessity for it, he thought, was felt by the Senate.
Mr. THOMPSON was heartily in favor of the passage of the bill. The bill was finally passed the Senate by yeas 41, nays 1.
THE REBEL JEFF. DAVIS.
Mr. CASON, from a majority of the Committee on Federal Relations, submitted a lengthy report reasoning in favor of the passage of the concurrent resolution offered by Mr. Bennett (printed in these reports of the 15th inst.), and recommending that the substitute offered by Mr. Brown, of Wells, lie upon the table.
Mr. HANNA. submitted a minority report arguing against the report of the majority, and concluding with a recommendation that the whole thing be left in the hands of the President of the United States.
Mr. CASON, under instructions from the Committee, moved that both reports lie on the table and be made the special order for 9 o'clock A. M., Tuesday, the 20th day of December.
The motion was agreed to.
Mr. OYLER made an ineffectual motion - yeas 16, nays 25 - to print one hundred copies of each report.
Mr. VAN BUSKIRK, when this resolution was before the Senate, was represented in the Indianapolis Daily Herald as saying that he is not in favor of the resolution as introduced by the Senator from Fayette and Union [Mr. Bennett.] He is in favor of the resolution, but not for the reasons generally assigned by gentlemen who spoke in support of it at that time.
VALUATION AND ASSESSMENT LAWS.
Mr. RICHMOND, from the Committee on County and Township Business, returned the the bill [S. No. 69] repealing Section 119 of the Valuation and Assessment Act, approved June 21, 1852, recommending its indefinite postponement.
The report was concurred in.
HORSE THIEVES AND OTHER FELONS.
On motion of Mr. BENNETT, the bill S. 175 was taken from the table and placed on files of the Senate.
COUNTY ORDERS.
On motion by Mr. GIFFORD, it was -
Resolved, That the Committee on Finance be instructed to inquire into the expediency of amending the revenue law, so as to require County Treasurers to deduct the indebtedness to the county of every person to whom a county order is issued, before paying the same.
POSTAGE STAMPS.
Mr. BENNETT offered a resolution, which was adopted, allowing the Secretaries and Door-Keepers $3 00 worth of Postage Stamps.
TALBOTT & COSTIGAN.
Mr. COBB introduced a bill [S. No. 232] for An Act appropriating certain sums of money for the payment of Washington H. Talbott, and the heirs of Francis Costigan, etc., which wras read the first time and passed to the second reading.
VERNON, JENNINGS CO.
On motion by Mr. YAWTER his bill [S. No. 21] amending the charter of the town of Vernon, Jennings Co., was read the second time, and passed to the third reading.
ADOPTED CHILDREN.
Mr. WILLIAMS introduced a bill [S. No. 233] for An Act to enable any child adopted under the laws of any State in the U. S., to hold property by descent, as if said child had been adopted under the laws of the State of Indiana, which was read the first time and passed to a second reading.
page: 86[View Page 86]CITY INCORPORATION LAWS.
Mr. CASON introduced a bill [S. No. 234] for An Act supplemental to An Act approved June 11, 1862, for the incorporation of towns, &c., Which was passed to the second reading.
COUNTY AUDITORS.
Mr. CULVER introduced a bill [S. No. 235] for An Act to amend An Act in relation to County Auditors, approved May 31. 1852, which was passed to the second reading.
RAILROAD TRANSPORTATION.
Mr. WARD introduced a bill [S. No. 236] for An Act requiring Railroad Companies to furnish transportation to persons desiring to ship live stock, etc. which was passed to the second reading.
MORE POSTAGE STAMPS.
Mr. RICHMOND offered a resolution, which Was adopted, directing the Doorkeeper to furnish each Senator with two hundred two cent postage stamps.
GENERAL PRACTICE.
Mr. NILES, from the Judiciary Committee, returned the bill [H. R. 57] to amend section 784 of the General Practice Act, approved June 18, 1852; recommending its indefinite postponement.
The report was concurred in.
LEGAL SALES OF PROPERTY.
Mr. NOYES introduced a bill [S. No. 237] requiring all property hereafter sold in pursuance of any process of law, to be sold without appraisement; which was passed to the second reading.
PRACTICING LAWYERS.
Mr. BONHAM introduced a bill [S. No. 238] prescribing certain qualifications of Attorneys at Law practicing in this State. [In addition to the usual oath the following: "And that I have not any time, either directly or indirectly aided, countenanced, abetted or assisted the late rebellion against the Government of the United States, by words, acts or deeds."] Which was read the first time.
COURT SESSIONS.
Mr. McCLURG introduced a bill [S. No. 239] authorizing other sessions of the Common Pleas Courts when they come in conflict with the Circuit Courts; which was passed to the second reading.
GETTYSBURG CEMETERY.
On motion by Mr. THOMPSON, the Acting Governor's message on the subject of the National Cemetery, and accompanying reports, were referred to the Committee on Finance, with instructions to report by bill or otherwise.
THE LIQUOR TRAFFIC.
Mr, DYKES introduced a bill [S. No. 240] for An Act to amend sections 3 and 4 of the Liquor Law approved March 5, 1859, which was passed to the second reading.
The petition for license to be signed by at least one-half of the legal voters of the township, or town - if an incorporated city, by a majority of the legal voters in the ward. * * * * And that the granting of snch license would not be injurious to the peace and welfare of the people of such township, town or city. For a second or subsequent conviction for selling without license the fine shall not be less than $20 and imprisonment not less than ten nor more than 30 days.
FEES AND SALARIES.
Mr. BENNETT, from the special committee thereon, returned the bill [S. No. 126] to amend An Act regulating fees and salaries, approved March 2, 1855, recommending its passage.
On his motion the bill and report were made the special order for to-morrow at 2 1/2 o'clock p. M.
Mr. BENNETT, from the special committee thereon, returned the bill [S. No. 138] to amend section 30 of An Act regulating fees and salaries, approved March 2, 1855, recommending its passage.
The report was concurred in and the bill read the second time and passed to the third reading.
WITNESSES.
Mr. CASON introduced a bill [S. No. 241] for An Act to amend an amendment of An Act in relation to witnesses; and to repeal Sec. 238. Art. XIII of the General Practice Act approved June 18, 1852; which was read the first time and passed to a second reading.
And then the Senate adjourned (under the rules) till 2 o'clock p. M. to-morrow.
