IN SENATE.
WEDNESDAY, December 6, 1865.The PRESIDENT pro tem, called the Senate to order at 9 o'clock, A. M.
On motion by Mr. GTFFORD the reading of yesterday's journal was dispensed with.
REPORTS FROM COMMITTEES.
Mr. BEESON from the Committee on Agriculture, returned Mr. Niles' bill, S. No. 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 act, repealing all laws inconsistent therewith and declaring an emergency; recommending its passage.
He, also, from the same Committee, returned the bill, H. R. 29, to amend sec. 15 of the act concerning trespassing animals and partition fences; recommending its passage.
These bills were passed to the third reading.
Mr. HANNA, from the special Committee on Agricultural Colleges, returned Mr. Dunning's bill, S. No. 40, for the establishment of an agricultural college at Bloomington, together with petitions and other papers referred to this Committee, without recommendation and asking to be discharged from the further consideration thereof.
Mr. DUNNING, (Mr. Richmond In the chair) by direction of the same Committee, submitted a report arguing in favor of locating the Agricultural College at Bloomington. He also offered an amendment by way of substitute for his bill (which was not read).
On motion by Mr. CULVER the reports were laid on the table and made the special order for Wednesday next at two o'clock P. M.
Mr. STAGGS, from the Committee on Agriculture, returned Mr. Williams' bill S. No. 194 for the publication of semi-annual reports of the State Board of Agriculture; recommending that it lie on the table.
The report was concurred in.
RAILROAD APPRAISEMENT.
Mr. CORBIN, from the Special Committee on Railroads, returned Mr. Niles' bill S. No. 250 and the bill H. R. 158 on the subject of Railroad Appraisement; recommending that the bill S. 250 be laid on the table, and that the bill H. R. 158 be amended by way of a substitute striking out from the enacting clause and inserting new matter.
Mr. VAWTER inquired when this Committee met.
Mr. CORBIN. At a time when the Senator met with them. The Committee, with the exception of the Chairman, have agreed upon this report, and he as Chairman has called no meeting. I informed him yesterday of the intention of the Committee, so that he is not deceived or unadvised of the course to be pursued.
Mr. VAWTER. On yesterday about this time I was notified that the intention was to make this report. I staid here till Saturday evening, and at no time were these bills placed in my possession. I have not been requested by any member of the Committee to call them together, and to my certain knowledge there has been no meeting of that committee since the reference of House bill 158. I had a mind to let the matter pass, but there was an extraordinary statement made here in my absence the other day. It was stated on the floor of the Senate that a certain report I made was made under the supervision of the officers of State; and the Senator made the statement as he understood and believed it. Whether it was designed as a personal reflection upon me, I do not know. I have just as profound a contempt for any person who will make any such page: 157[View Page 157] attempt, in my absence at least, as is necessary. If it was designed as a compliment to the report, I might take it as a compliment. That report was prepared at this table and ghown to no person except the Senator from Lawrence. I make this statement in vindication of myself. If that report is a true one I desire to have the merit of it; if untrue, I am willing to take the responsibility of it. He then raised a point of order that the report was unparliamentary, etc.
Mr. CORBIN. I will state to the Senator from Jennings the circumstances under which the remarks were made, which I think will be satisfactory to him unless he is a very unreasonable man, which I think he is pot. The question came up in reference to calling on the Auditor of State for a statement in reference to the condition of suits brought against railroad companies. I stated I did not think it neccessary, because the Senator's report embodied what I conceived to be the whole facts connected with it. And I believed the Auditor was cognizant of the facts, because I had seen the Senator in conversation with the Auditor. My remarks were not made for the purpose of casting any reflection upon any body.
Mr. VAWTER. The statement as made by the gentleman now is certainly legitimate: but on yesterday, when I returned to the city, I found the gentleman was reported a little different from that. There had been nothing in the intercourse between the gentleman and myself that would authorize a statement that the Auditor had prepared my report; and I think if the statement was made it should be corrected. I am satisfied that the statement now made by the gentleman is legitimate.
Mr. CORBIN then spoke to the point of order, contending that it was not well grounded.
Messrs. WILLIAMS, NILES and VAWTER sustained the point of order in a few remarks.
The PRESIDING OFFICER decided the point of order not well taken.
Mr. VAWTER appealed from the decision of the Chair, in the following words:
The Select Committee on Railroad Appraisement having returned Senate bill No. 250, a bid to secure a just valuation of railroad property, etc., etc., wiih a reccommendation that it lie upon the table, and having reported back House bill No. 158. with the recommendation that the engrossed amendment - being an amendment striking out from the enacting clause adopted on this day of March, 1864, and which was not at any time reconsidered by the Senate - be struck out from the enacting clause, and an entire new bill, embodying the features of House bill No. 158, be inserted in lieu thereof; and the Senator from Jennings having raised the point of order whether it was competent at this time to make such an amendment, and the Chair (the Senator from Howard) having overruled the point of order, I respectfully appeal from said decision.
JAMES H. VAWTER.
The question being: "Shall the decision of the Chair stand as the judgment of the Senate," it was so ordered by yeas 21, nays 14.
On motion by Mr DUNNING the report and bill were laid on the table.
Mr. BEESON, from the Committee on Agriculture, returned Mr. Culver's bill S. No. 248, to restrain certain animals from running at large; recommending its passage.
Mr. FULLER, from the same Committee, returned Mr. Hyatt'sbill, S. No. 218, amending the dog law; recommending its passage.
These bills were passed to the third reading. On motion of Mr. BEESON it was -
Resolved, That the Committee on Finance be instructed to allow no claim that is not presented to them at least ten days before the final day of adjournment, unless the same may have accrued within ten days of the close of the session.
On motion by Mr. WILLIAMS, it was -
Resolved, That the Auditor of State report to the Senate whether the $10 000 apropriated as a miscellaneous fuud has been drawn from the treasury, and if so by whose order, and for whose benefit; giving a detailed statement, if not inconsistent with the public good.
Mr. BROWN, of Hamilton, introduced a bill [S. No. 299] for An Act supplemental to AD Act authorizing the construction of Plank, Macadamized aud other roads, approved May 12,1852. [Concerning assessments to be made in the construction of gravel roads.] It was read the first time.
BILLS FINALLY PASSED THE SENATE.
On motion by Mr. BRADLEY, the Senate proceeded to the consideration of bills on the third reading:
Mr. Allison's bill, S. No. 161, requiring the Boards of County Commissioners in the several counties of the State to examine the books, papers and vouchers of any county officer in their respective counties who may be charged with having received a greater amount of fees than he is legally entitled to receive, to determine the amount thereof, if any, and to cause suit to be brought for its recovery, and declaring an emergency; coming up in regular order -
It was read the third time, and finally passed the Senate by yeas 33, nays 4.
Mr. Allison's bill, S. No. 187, to amend section 53 of An Act to reduce the laws incorporating the city of Madison into one Act, approved February 14,1848; coming up in regular order -
It was read the third time and finally passed the Senate by yeas 30, nays 6.
Mr. Brown, of Wells', bill, S. No. 208, providing for the construction of sewers in incorporated towns - [on the same principle upon which sidewalks are constructed] - coming up in order -
It was read the third time and finally passed the Senate by yeas 37, nays 2.
Mr. Cobb's bill, S. No. 213, amending section 33 of the city corporation repealing act of May 9, 1857 - [County Commissioners (and not Common Councils) may regulate terries, etc.] - coming up in order -
It was read the third time and finally passed the Senate by yeas 38, nays 1.
Mr. Vawter's bill, S. No. 214, designating what officers shall be elected by each House of the General Assembly, and fixing the compensation, - [providing for but one Clerk and Doorkeeper for each House. The Secretary of the Senate to receive for a regular session $2,000, for an extra session $1,600; the Doorkeeper for a regular session $1,200, for an extra session $1,000. The Clerk of the House to receive for a regular session $3,000, for an extra session $2,400; the Doorkeeper for a regular session $1,500. for an extra session $1,200;] coming up in order -
It was read the third time and finally passed the Senate by yeas 34, nays 5.
Mr. Herd's bill, S. No. 215, amending section 77 of the General Practice Act of June 18,1852 - [concerning objections to Judges in any action page: 158[View Page 158] pending in the several courts]coming up in order -
It was read the third time and finally passed the Senate by yeas 33, nays 2.
Mr. Bennett's bill, S. No. 223, authorizing married women under the age of 21 years to join their husband in the conveyance of their husband's lands; coming up in order -
It was read the third time and finally passed the Senate by yeas 36, nays 1.
Mr. Hord's bill, S. No. 225, providing for taking depositions of parties in civil actions in their own behalf; coming up in order -
It was read the third time and finally passed the Senate by yeas 37, nays 0.
Mr. Cobb's'biil, S. No. 228, amending section 1 of the uniform Township Business Act of Februry 18, 1859 - [concerning the laying off and dividing of counties into townships by County Commissioners - they shall give 20 days public notice] - coming up in order -
It was read the third time and finally passed the Senate by yeas 40, nays 0.
Mr. Allison's bill, S. No. 229, supplemental to the road-purchase act of March 5, 1859, (described on page 63 of the BREVIER LEGISLATIVE REPORTS;) coming up in order -
It was read the third time -
Mr. ALLISON explained that the bill simply applies to plank and McAdamized roads sold under mortgage sale or deed of trust who have failed to comply with the act of 1859giving them three months further time in which to organize. It is intended to apply to but one single casein Jefferson and Ripley counties.
Mr. CORBIN objected to the bill on the principle that it might interfere with cases already adjudicated in which there may be vested rights. It is a very bad precedent in legislation.
After further remarks by Messrs. ALLISON, NILES and BROWN of Wells -
The bill was finally passed the Senate by yeas 34, nays 3.
The Senate took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
On motion by Mr. ALLISON, Mr. Williams was called to preside, in the temporary absence of the President pro tem.
The PRESIDING OFFICER laid before the Senate a communication from the Auditor of State, in answer to a resolution of inquiry (see page 138 of the BREVIER REPORTS) concerning suits against Railroad Companies for payment of taxes.
It was referred to the Special Committee on Railroads.
The special order for this hour being Mr. Bennett's bill, S. 209, to apportion the State for Senatorial and Representative purposes, was laid on the table.
Mr. Williams' bill, S. No. 230, in relation to the organization of the General Assembly - [the Secretary of State shall organize the Senate, and the Auditor of State the House of Representatives] - coming up in regular order -
It was read the third time and finally passed the Senate by yeas 34, nays 1.
Mr. Cason's bill, S. No. 234, supplemental to An Act for the incorporation of towns, approved June 11, 1852; coming up in order -
It was read the third time.
Mr. CASON. This bill provides that upon the petition of trustees of towns to the Court of Common Pleas, there may be Commissioners appointed to have streets extended, the ame as they are extended now by cities.
The bill was then passed by yeas 38, nays 0.
Mr. McClurg's bill, S. No. 239, authorizing other sessions of the Common Pleas Courts when they com in conflict with Circuit Courts; coming up in order -
It was read the third time and finally passed the Senate by yeas 37, nays 0.
Mr. Vawter asked and obtained leave of absence till Friday morning.
Mr. Cason's bill, S. No. 241, amending an amendment of An Act in relation to witnesses, and repealing section 238 of the General Practice Act, approved June 18, 1852; coming up in order -
It was read the third time.
Mr. CASON explained that this bill precludes either party from testifying in real estate suits in which heirs are a party in interest.
The bill was passed by yeas 34, nays 4.
The Committee on Organization of Courts' bill, S. No. 244, amending An Act for the election of Justices of the Peace, approved June 9, 1852, - [There shall be one Justice in each township; one additional for each incorporated city, one additional for each township where the population exceeds 10,000]; - coming up in order -
It was read the third time and finally passed the Senate by yeas 32, nays 7.
Mr. Allison's bill, S. No. 246, repealing section 17 of the Fireman's and Mechanic's Insurance Companies' charter act - [repealing the section which prohibits the Directors from becoming Directors of other companies]; - coming up in order -
It was read the third time and finally passed the Senate by yeas 27, nays 12.
Mr. Dykes' bill S. No. 249, defining the powers of Companies authorized to construct canals for hydraulic purposes; coming up in order -
It was read the third time and referred to the Judiciary Committee.
Subsequently the Committee returned the bill with sundry amendments.
The amendments were agreed to; and the bill was finally passed the Senate by yeas 39, nays 1.
Mr. Cason's manufacturing and mining bill, S. No. 252 (described on page 99 of the BREVIER REPORTS) coming up in order -
It was read the third time and finally passed the Senate by yeas 29, nays 7.
Mr. McClurg's bill, S. No. 253, to relieve county officers for the year 1865, for violation of the provisions of An Act concerning sheep killing dogs, etc.; coming up in order -
It was read the third time.
Mr. OYLER opposed the passage of the bill; for it is not to be supposed that any court would punish an officer for not performing a duty of which he had no intimation.
The bill failed to pass for want of a constitutional majority - yeas 25, nays 13.
Mr. Culver's bill, S. No. 254 authorizing the State revenue to be paid in National Bank notes; coming up in order -
It was read the third time and finally passed the Senate by yeas 37, nays 1.
Mr. Cobb's bill, S. No. 255, amending section 2 of An Act supplemental to An Act for the incorporation page: 159[View Page 159] of high schools, etc., approved March 5, 1859; coming up in order -
It was read the third time.
Mr. COBB explained that the principal change, as far as the Trustees are concerned, is that they are not subject to the denomination wich has the supervision of the literary institution.
The bill was passed by yeas 35, nays 4. Mr. Allison's bill, No. 256, amending the charter of the city of Evansville; coming up in order -
It was read the third time and finally passed the Senate by yeas 39, nays 3.
Mr. OYLER offered the following:
WHEREAS. The President of the United States and the governor of the State of Indiana have designated Thursday, the seventh day of December, as a day of general Thanksgiving to Almighty God for his great mercies to this Nation, State and people;
Be it Resolved, That when the Senate adjourns, it adjourns to meet on Friday next at 9 o'clock, A, M.
The resolution was adopted.
Mr. WILLIAMS offered the following:
WHEREAS, there used to be in the lady's lobby of the Senate Climber two sofas;
AND WHEREAS, It would be very convenient and pleasant for ladies visiting the Senate Chamber, as also to the Senators who may be sick or disabled, to have them returned; therefore,
Resolved, That the Doorkeeper be authorized to return them instarter.
The resolution was adopted.
Mr. BROWN, of Wells, offered the following:
WHEREAS, By sections 10, 11 and 46 of the general appropriation law, approved March 6, 1865, there was appropriated for the Adjutant General's Office the sums of $9,200 for the unfinished business; $12,000 for the current business of 1865, and $12,000 for the current busings of 1866, therefore -
Resolved, That the Adjutant General be and he is hereby respectfully requested, if not inconsistent with public interests, to report to the senate at his earliest convenience what portion of said sums of $9,200 and $12,000 for 1865, have been drawn from the treasury, specifying by whom drawn, and upon what particular account and service; also what part of said sum of $12,000 for 1866 may probably be necessary for the business of his office dining that year.
The resolution was adopted.
On motion by Mr. WRIGHT the bill H. R. 18, to provide for the sale of certain lands belonging to the State of Indiana in Jasper and Newton counties, and give preemption to actual settlers thereon; was read the third time, and finally passed by yeas 33, nays 3.
On motion by Mr. CHAPMAN, it was -
Resolved, That the Judiciary Committee be instructed to inquire into and report by bill or otherwise, whether incorporated towns and cities may tax fair pounds for the grading of streets aid the improvement thereof, and for other municipal purposes.
Mr. Hanna's bill, S. No. 258, amending section 96 of An Act for the settlement of decendent's estates, etc., approved June 17,1852; coming up in order -
It was read the third time and finally passed the Senate by yeas 38, nays 1.
Mr. Cason's' bill, S. No. 261, amending sections 2 and 5 of the Voluntary Association Act of February 12,1855; coming up in order -
It was read the third time.
Mr. CASON explained that this bill amends the law in reference to Voluntary Associations so as to include Agricultural societies; and extend to such societies the powers granted by the statutes as well as the common law.
The bill passed by yeas 39, nays 0.
Mr. Chapman's Gettysburg Cemetery bill S. No. 262, (described on page 108 of the BREVIER RERORTS;) coming up in order -
It was read the third time and finally passed the Senate by yeas 36, nays 1.
Mr. Oyler's divorce bill, S. No. 268, (described on page 132 of the BREVIER REPORTS;) coming up in order -
It was read the third time and finally passed the Senate by yeas 29, nays 8.
Mr. Allison's bill, S. No. 269, requiring County Auditors to make examination of school fund records, etc.; coming up in order -
It was read the third time and finally passed the Senate by yeas 32, nays 5.
Mr. Dykes' bill, S. No. 272, amending section. 12 of the common school law of March 6, 1865 - [authorizing the local tax to be as high as 50 cents instead of 25 cents;] - coming up in order -
It was read the third time and finally passed the Senate by yeas 29, nays 8.
Mr. Allison's bill, S. No. 290, concerning school houses, and defining who shall control them - [the trustees of the city or town;] - coming up in order -
It was read the third time and finally passed the Senate by yeas 36, nays 1.
The Special Committee's bill, S. No. 280, concerning the "Universal Exposition" of Paris, France, in April, 1867, (described on page 138 of the BREVIER LEGISLATIVE REPORTS; ) coming up in order -
It was read the third time.
On motion by Mr. MILLIGAN, the bill was recommitted with instructions to strike out "$5,000" for traveling expenses to the Commissioner and insert "$3,000" in lieu.
Mr. Thompson's hard labor prison bill, S. No. 297, (introduced yesterday) was read the third time.
Messrs. ALLlSON and OYLER pointed out objections thereto, and -
On motion by Mr. ALLISON, it was laid on the table.
Mr. Bonham's joint resolution, S. No. 15, instructing our Senators and requesting our Representatives in Congress to use their influence for the bringing about of a speedy adjustment of the claims of deceased soldiers; coming up in order -
It was read the third time and finally passed the Senate by yeas 35, nays 0.
On motion by Mr. CASON the official bond bill S. No. 289 (introduced yesterday) was read the second time and passed to the third reading.
Mr. CORBIN, from the Special Committee thereon, returned his Terre Haute and Richmond Railroad resolution (described on page 73 of the BREVIER REPORTS) making it a joint resolution by substituting new matter.
Mr. ALLISON, (from the Committee on Education,) returned Mr. Dunning's bill S. No. 295 authorizing a school examiner for incorporated towns; recommending its passage.
And then the Senate adjourned till Friday morning 9 o'clock.
