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Brevier Legislative Reports, Volume VIII, 1866, 292 pp.
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IN SENATE.

SATURDAY, December 2, 1865.

The PRESIDENT pro tem, commanded order at 9 o'clock A. M.

On motion by Mr. GIFFORD, the reading of yesterday's Journal was dispensed with.

STATE AGENT - SINKING FUND - STATE DEBT.

Mr. BRADLEY, by leave, introduced a bill [S. No. 279] for An Act to abolish the Indiana State Agency in the city of New York, the Board of Sinking Fund Commissioners of this State, and all the offices connected therewith; and to invest the monies belonging to said fund, and the State Debt Sinking Fund, arid other funds, in the stocks and bonds of the State; and to transfer the business of said Board of Sinking Fund Commissioners to the offices of the Auditor and Treasurer of State, and also to provide for the adjustment of the debt of the State, by issuing coupon bonds for the present five per cent, registered stocks of the State.

It was read the first time, and on motion by Mr. B., 300 copies were ordered printed for the use of the Senate and House of Representatives.

page: 138[View Page 138]

APPORTIONMENT FOR REPRESENTATION.

Mr. CULLEN, from the Committee on Elections, returned Mr. Bennett's bill [S. No. 209] and Mr. Culver's bill [S. No. 189] for Acts to apportion Senators and Representatives for the next four years; recommending the passage of the former and that the latter bill lie on the table.

Mr. WILLIAMS had a substitute in preparation for the bill S. No. 209; and moved that the bills and report be laid on the table and made the special order for Wednesday next at 2 o'clock P. M.

Mr. OYLER said the bill did not meet with his approval. It disfranchises, in the lower House, his immediate constituents, which he was not disposed to submit to. As far as the Senatorial representation is concerned, I have no objection to that, although it is not as much as we are entitled to; but we have enjoyed a little excess of our rights in the House, as an offset to that. I therefore shall feel disposed to oppose the bill as long as I can. From my position as a member of the Committee on Elections, I do not want the Senate to understand me as endorsing that report.

Mr. VAWTER. I am one of the minority of that Committee. A bill acceptable to the minority was handed to the Senator from Vigo, I understand, and he is not here now. I understand the minority desire to make a report, and I move to postpone the further consideration of this subject till next Wednesday.

The PRESIDENT pro tem. That is the motion of the Senator from Knox.

Mr. VAWTER. Ah; I had just come in; I did not understand the question. I hope the motion will prevail.

The motion to make the bills and report the special order for Wednesday next at 2 o'clock P. M. was agreed to.

REPORTS FROM COMMITTEES.

Mr. WARD, from the Committee on Corporations, returned the bill [H. R. 62] empowering incorporated cities to plant and maintain shade trees along the streets, alleys, public squares and commons thereof, and providing for the protection of the same at the expense of the adjoining property holders; recommend ing its passage, with the following amend ments:

"Strike out the word "therefore" where it occurs in the sixth line, and make the emergency clause section 2."

The amendments were agreed to, and bill was read the second time.

Mr. BOWMAN, from the Committee on Corporations, returned Mr. Cason's bill [S. No 234] supplemental to the act of June 11, 1862 for the incorporation of towns, &c., recommending its passage.

The bill was passed to the third reading.

Mr. MILLIGAN, from the Committee on Rights and Privileges of the Inhabitants of the State, returned Mr. Bennett's bill [S. No. 204 in relation to witnesses (described in thes proceedings of the 14th inst.,) recommending that it lie on the table, as there is a bill before the Senate on the same subject.

The report was concurred in.

Mr. HYATT, from the Committee on Corporations, returned Mr. Cason's bill [S. No. 252 amending section two of An Act for the in cor poration of Manufacturing and Mining Companies, approved May 20, 1852; by extending the provisions of said section to similar companes for such purposes; recommending its passage.

It was passed to the third reading.

Mr. WRIGHT, from the Committee on Roads, returned Mr. Cason's bill [S. No. 264] authorizing County Commissioners to grant the right to swing gates on county and private roads; recommending that it lie on the table as legislation thereon is inexpedient. The report was concurred in.

Mr. WARD, from the Committee on Corporations, returned Mr. Allison's bill [S. No. 256] amending the charter of the city of Evansville; recommending its passage. The bill was read the second time.

Mr. COBB, from the Judiciary Committee returned Mr. Hanna's bill [S. No. 258] amending sec. 96 of An Act providing for the settlement of decedents' estates, etc., approved June 17, 1852; recommending its passage.

The bill was read the second time.

Mr. NILES, from the Judiciary Committee returned Mr. Downey's bill [S. No. 148] amending sees. 76 and 88 of An Act in relation to the settlement of decedents' estates, with amendments; recommending its passage.

The amendments were agreed to and the bill was read the second time.

THE UNIVERSAL EXPOSITION AT PARIS.

Mr. THOMPSON, from the Select Committee, to whom was referred that part of the Governor's Message recommending the propriety of making provision for exhibiting specimens of agricultural productions, manufactures, mechanical improvements and mineral wealth of Indiana, in the "Universal Exposition" at Paris, France, on the first of April, 1867; reported the following described bill, recommending its passage:

The bill [S. No. 280] for An Act to make suitable provisions for having the State of Indiana co-operate with other State authorities, and with the Commissioners of the General Government at the Universal Exposition to beheld in Paris, France, in the year 1867; in such manner as to represent fully the Agricultural, Manufacturing, Mechanical, Mineral, Artistic and other resources and interests; and thereby to encourage immigration to the State of Indiana. [Makes it the duty of the Governor to appoint a Commissioner conversant with the English, French and German languages; prescribes his duties, and appropriates $5,000 for traveling expenses of the Commissioner and one clerk.]

Was read the first time and passed to the second reading.

TAXATION OF RAILROADS.

Mr. BEESON offered the following:

WHEREAS, It was charged by the minority report of the refect Committee on senate bill No. 250, that the passage of said bill would lose to the revenues of the state $100,000; therefore,

Be it Resolved, That the Auditor of State be requested to inform the Senate what amount of the revenues, if any, would be jeopardized by the passage of Senate bill No. 250.

Mr. CORBIN moved to refer it to the Special Committee on Railroad Appraisements.

Mr. BEESON explained that the only object page: 139[View Page 139]he had in offering the resolution was to obtain information.

Mr. ALLISON stated that the Auditor had obtained judgment against the New Albany Railroad; and that suits were pending or being brought against the Peru and other railroads, which would bring to the State about $1,000,000.

Mr. BEESON. If this bill would put a quietus to the suits already pending, the Senate ought to know that fact.

Mr. CORBIN. My object in making the motion to refer arises from this fact. The minority report embodies all the facts the resolution anticipates, & as it was drawn up under the supervision and direction of the officers of State, (as I understand) it is substantially their report. I do not think any further information from that quarter can be got, and consequently I see no necessity for passing the resolution. I might say that we unanimously adopted our report in the first place; but the next morning the Senator from Jennings [Mr. Vawter] informed me that he did not desire to have the report made as unanimous, because he wanted to make a minority report; and as I saw him in consultation with the Auditor of State, (I suppose for the purpose of getting up this report) is the reason I say I suppose it was gotten up under the authority of the Auditor of State - which I believe to be a fact.

Mr. ALLISON would interpose no objection to the resolution going before any Committee of the Senate.

Mr. CORBIN withdrew his motion.

The resolution was then adopted.

NEW PROPOSITIONS.

Mr. OYLER introduced a bill [S. No. 281] for An Act to amend section 1 of An Act entitled An Act to fix the salary of the State Librarian, etc., and repealing all laws in conflict therewith, approved March 4, 1859. [Raising the salary from $800 to $1,200 per annum; and allowing the present incumbent $200 for services during the year 1865 in addition to his salary.]

Mr. VAWTER introduced a bill [S. No. 282] for An Act to provide for the employment of Watchmen in any of the cities of this State, and providing for their payment.

Mr. VAWTER introduced a bill [S. No. 283] for An Act to authorize the Common Council of any town in this State to appoint a town Attorney, and to provide compensation therefor.

These bills were read the first time and passed to the second reading.

TOWNS AND CITIES.

Mr. Cobb's bill [S. No. 213] amending section 33 of the city incorporation repealing Act, approved March 9, 1857, so that the Common Council may change the course of rivers passing through or near cities, regulate ferries, etc.; coming up in orderIt was read the second time and passed to the third reading.

HOUSE BILLS ON THE FIRST READING.

The following described bills, from the House of Representatives, were read the first time severally, and passed to the second reading:

  • The bill, H. R. 33, to amend the 8th section of An Act regulating and licensing the sale of spirituous, vinous, malt and other intoxicating liquors, to prohibit the adulteration of liquors, and to repeal all laws contravening the provisions of this Act, and prescribing penalties for the violation thereof, approved March 5, 1859.
  • The bill, H. R. 82, concerning the creation of corporations for maintaining high schools in this State, etc.
  • The bill, H. R. 149, enabling the Board of Directors of any incorporated Turnpike Company to change the time of holding the election of Directors.
  • The bill, H. R. 177, amending section 143 of the Act amendatory of An Act for the publication of delinquent taxes, approved May 31, 1861. [Increase of pay for the publication of the notice.]
  • The bill H. R. 210, to fix the time of holding the Court of Common Pleas in Grant county, and repealing all laws in conflict therewith.
  • The bill H. R. 212, legalizing the appraisement of real estate made under the provisions of "An Act to provide for the appraisement of real estate and prescribing the duties of officers in relation thereto," approved December 21, 1858, and the assessment and levy of tax made and hereafter to be made on such appraisements.
  • The Joint Resolution H. R. No. 1 proposing an amendment to the State Constitution, by striking out the 13th Article thereof.

THE STATE PRISON SOUTH.

The concurrent resolution of the House of Representatives (printed on page 104 of the BREVIER REPORTS,) directing the Attorney General to inquire into the validity of certain contracts made for the labor of convicts in the Southern prison; coming up in regular order -

It was referred to the Committee on State Prisons.

CONGRESSIONAL SCHOOL LANDS.

The concurrent resolution from the House of Representatives, directing our Senators and requesting our Representatives in Congress to use their influence toward securing a modification of the Act of Congress of April, 1816, appropriating every sixteenth section for school purposes, so that when the land is wanting it may be located adjoining; coming up in order -

It was referred to the Committee on Education.

WORK FOR COMMITTEES.

The following described bills were read by title only, and referred to appropriate Committees:

  • Mr. Oyler's [S. 268] to invest the Circuit Courts of this State with exclusive original jurisdiction in applications for divorces, and to prescribe the terms upon which divorces may be granted in cases where the causes of divorce relied on accrued elsewhere than in this State; - to the Judiciary Committee.
  • Mr. Allison's [S. No. 279] requiring County Auditors to make examination of the records in their offices in reference to the school funds, and make a report thereon, and providing compensation therefor, and declaring an emergency; - to the Committee on County and Township Business.
  • Mr. Cason's [S. No. 270] to amend sections 8 and 10 of An Act regulating the fees of officers, and repealing former acts In relation thereto, approved March 2, 1855: [increasing the fees of page: 140[View Page 140] Auditors and County Commissioners]; - to the Judiciary Committee.
  • Mr. Douglas' [S. No. 271] to amend section 1 of An Act authorizing Justices of the Peace, Notaries Public, etc., to administer oaths generally, etc., approved March 9,1861; [including County Auditors]; - to the Committee on Organization of Courts.
  • Mr. Dykes' [S. No. 272] to amend section 12 of An Act to provide for a general system of common schools, etc., approved March 6,1865; - to the Committee on Education.
  • Mr. Wright's [S. No. 273] to legalize the acts of the State Board of Equalization at their sessions of 1864; - to the Committee on Finance.
  • Mr. Hord's [S. No. 274] concerning pleadings in the matter of claims against the estates of'decedents; - to the Judiciary Committee.
  • Mr. Richmond's [S. No. 275] providing for extending the terms of Circuit Courts by adjournment when the pending business shall be unfinished, etc.; [the Judge to receive $8 per day for holding said terms]; - to the Committee on Organization of Courts.
  • Mr. Bonham's [S. No. 276] to amend section 26 of An Act providing for the election and qualification ef Justices of the Peace, etc.; - to the Committee on Organization of Courts.
  • Mr. Culver's [S. No. 277] providing for the location of an Agricultural College in Tippecanoe county, and supplemental to the Agricultural College Act, approved March 6, 1865: - to the Special Committee on Agricultural Colleges.
  • Mr. Herd's [S. No. 278] to amend section 35 of the valuation and assessment act, approved June 21, 1852, and providing when the same shall take effect; - to the Committee on County and Township Business.
  • The bill, H. R, No. 22, to legalize the sale of certain school lands in Lake county, - to the Committee on Education.
  • The bill, H. R. No. 88, to authorize high schools, academies, colleges, universities, theological institutes, seminaries and missionary boards formed under the laws of this State to change their corporate name; - to the Committee on Corporations.
  • The bill, H. R. 121, to cure defective acknowledgments of deeds in certain cases; - to the Judiciary Committee.
  • The bill, H. R. 124, to amend section 30 of An Act regulating the fees of officers, [sheriffs] approved March 2, 1855; - to the Committee on County and Township Business.
  • The bill, H. R. 126, to amend section 5 of An Act to authorize the construction of levees and drains, etc., approved June 12, 1852; - to the Committee on Canals and intermal Improvements.
  • The bill, H. R. 135, to amend section 651 of the General Practice Act, approved June 18, 1852; - to the Judiciary Committee.
  • The bill, H. R. 147, to amend section 6 of An Act regarding estrays and articles adrift, approved June 16, 1852; - to the Committee on Rights and Privileges.
  • The bill, H. R. 186, declaring the laws in force sufficient to authorize the payment of the semi-annual interest on the State debt, to authorize the payment thereof, etc.; - to the Committee on Finance.

TOBACCO WAREHOUSES.

The bill, H. R. No. 106, authorizing struction of warehouses for the storage, inspection and sale of tobacco, coming up in order, was read the second time and passed to the third reading.

SESSION HOURS.

On motion by Mr. OYLER it was -

Ordered, That when the Senate adjourns it adjourns to meet at 2 o'clock P. M. on Monday.

THE MORGAN AND OTHER REBEL RAIDS.

On motion by Mr. CORBIN, Mr. Yawter's bill [S. No. 15] appointing Commissioners to adjust the claims of citizens for damages and losses sustained by reason of the raid of rebel forces under the command of Gen. John Morgan, in July, 1863, and any other or future raid, was made the special order for next Friday at 3 o'clock P. M.

And then the Senate adjourned till Monday afternoon at 2 o'clock.

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