IN SENATE.
THURSDAY, JANUARY 31, 1867.The Senate met at 2 o'clock P. M.
On motion by Mr. PARRISH, the reading of the journal of yesterday was dispensed with.
The PRESIDENT laid before the Senate a communication from the Auditor of State (in answer to a resolution of the Senate, adopted on the 28th instant,) accompanied by a statement showing the amount of warrants drawn on the State Treasury on account of the State Soldiers' Claim Agency. It was laid on the table.
JUDGES' SALARIES.
The PRESIDENT announced the special order for this hour, viz: the reports of the majority and minority of the Judiciary Committee on Mr. Bennett's bill [S. 84] increasing the salaries of Circuit and Common Pleas Judges.
On motion by Mr. CULLEN, it was postponed and made the special order for to-morrow afternoon at three o'clock.
JURY TRIALS.
Mr. MASON, from the Judiciary Committee, returned Mr. Oyler's bill [S. 66] requiring all the papers in a trial by jury to be referred at the request of either party, or a juryman, to the jury; recommending its indefinite postponement; for the reason, he said, that such a proposition would encumber the record and have a tendency to confuse the jury.
page: 132[View Page 132]Mr OYLER. This bill proposes but one change - a change, too, demanded by our courts and by the condition of affairs at large. Many difficulties now experienced on trials by jury would never arise under the provisions of this bill. It was so plain a proposition no argument should be necessary to commend it to the favorable consideration of the Senate.
Mr. STEIN differed with the Senator as to the propriety of passing the bill under consideration. It is a mischievous proposition, as experience has shown. The more papers a jury has before it the less chance there is for a unanimity of opinion. The law had better be amended so as to allow no papers to go before the jury in retirement.
Mr. OYLER, If the argument of the Senator amounts to anything, it is an argument against trial by jury. Are not jurymen just as much perplexed by what is on the papers when not before them as when they have them at their hand and can refer to them and know exactly what they do contain? What the court does tell a jury should be understood by them, and they should have every facility for understanding.
Mr. NILES explained that the report should have closed with a recommendation to lay on the table. Such was the opinion the committee arrived at, and that fact the Senator would probably remember.
Mr. MASON acquiesced.
The report was so corrected, and then concurred in without a division.
DENTISTRY PRACTICE.
On motion by Mr. NILES, Mr. Hanna's bill [S. 122] to regulate the practice of dentistry was recommitted to the Judiciary Committee.
CHANGES OF VENUE.
Mr. STEIN, from the Judiciary Committee, returned Mr. Oyler's bill [S. 13] to authorize and ratify changes of venue in civil actions in certain cases, with amendments thereto - adding an additional section, &c. The amendments were agreed to, and the bill ordered to be engrossed for the third reading.
ROMAN CATHOLIC AND OTHER BISHOPS.
Mr. HANNA, from the Committee on Corporations, returned Mr. Wolcott's bill [S. 104] conferring upon Bishops certain corporate powers, and defining and limiting their rights, powers and duties. May hold land "not exceeding fifty acres each separate congregation in his diocese," and "personal property not exceeding in value $5,000."
Mr. CULLEN, as a member of the committee, could not agree with the majority of the committee in recommending the passage of this bill. It was entirely wrong, and the Senate should not endorse the action of the committee in their recommendation While being in favor of religious toleration to the fullest extent, he thought this bill was asking far more and higher privileges than is asked by religious denominations who have no bishops. The law as it now is gives privileges to societies, religious and otherwise, that places all sects upon an equality, as will be seen by reference to page 170, Gavin & Hord's supplement. But this bill proposes a different system - a system of inequality - by clothing bishops with the extraordinary privileges of a corporation. He opposed all tendencies to a centralization of power, for there is nothing under Heaven so well calculated to upturn our tree of liberty.
Then, again, he ventured to say that there is no church desiring the passage of this bill but the Roman Catholic church. The bill is against the great principles of our free institutions and in strict accordance with ths history of that church from time immemorial, in that they have always been asking for power. But he would say no hard things against our Catholic friends though opposing their religion, and, as a general thing their politics. Senators should look at this thing in its proper light and see whither we are tending when we consider this class of legislation.
Mr. WOLCOTT thought most of the Senator's remarks sprang from a spirii of opposition to the Catholic religion and the peculiar views of their church members. This bill is simply to cure a defect of the law, and to make it similar to laws in Illinois, and in other states. We have a law now in our statute books which affects especially the Episcopalian church organization, and which was framed, evidently, with that view. Now, the Catholic church is so organized that they cannot comply with our general laws now in force; and as there is nothing in this proposition that controvenes the general spirit of our organic laws he could see no objection to this bill that cannot be raised to the law framed to comply with the usages of the Episcopalian church. He too. desired to see all Churches granted equal legal priviliges, and hoped no distinction would now be made as against the Roman Catholics.
Mr. OYLER. Although as far removed in religious feeling from the views entertained by the Roman church as any gentleman on the floor, regarded the objections to this bill as not well taken. All the necessary guards are thrown round it, and there was no good reason for refusing to concur in the Committee's report.
Mr. BENNETT should vote against the passage of this bill on general principles, page: 133[View Page 133] and not because he opposed the peculiar doctrines of the Catholic church, or because of his opposition to the Democratic party. He would not pander to the peculiar doctrine of centralized power, so tenaciously adhered to by the Roman Catholics as a religious body for many centuries past. The extraordinary powers of their bishops aided them in exercising undue influences over the communities around them, and this in itself was a thing to be avoided as much as possible. Foreigners coming here have to obey and come under our State laws, and let churches do the same thing.
Mr. HANNA had not given the bill the examination he would like, and was sorry certain Senators would lose no opportunity to assault the Democratic party. This is a question purely of a religious character and should be viewed as a question of right and of public justice. The Roman church has no vestrymen and no trustees why, he knew not. He spoke in praise of their army chaplains and sisters of mercy. The bill proposed to confer upon bishops just what powers our laws now confer upon vestrymen of the Episcopal church. As the Catholic church now stands it stands in this State outlawed upon this question. Unable to see any public determent therefrom, he argued in favor of the bill.
Mr. NILES remarked that he had never had an opportunity to examine the bill till within a few moments. He was desirous to give to all religious denominations equal privileges and the largest liberty, but in looking into the bill it occurred to him that the principle of the bill was inconsistent with our republican idea. In the case of all other religious bodies, the trustees and officers holding and controlling property are elected by vote of the persons intrusted; but if he properly understood this bill, the title to, and control of all property is vested exclusively in a single individual and his successor in office, and that individual not elected by or responsible to the people, but appointed and subject to removal only by a foreign potantate. It was far easier to grant such vast powers than to reclaim them. Mr. Niles discussed the subject at some length.
Mr. CULLEN. The fact that this bill is in direct violation of the great principle of our government was clearly shown in the able argument of the Senator from Laporte, [Mr. Niles ] If it passed, it would be irrepealable, and while opposing it heartily, he would do no injustice to the Catholic Church. The church should conform to the laws and not the State to the church.
Mr. CHURCH stated that this bill would simply be giving State sanction to the practice of bishops in the Catholic church, for they now transmit property to their succesors by will or other device.
Mr. WOLCOTT explained that the bill allowed the bishop to hold property in trust, simply, and characterized many senments uttered in this debate as called forth by a spirit of intolerance.
The report was concurred in by yeas 24, nays 19.
The bill was then read the second time and ordered engrossed for the third reading by yeas 25, nays 18.
RAILROAD CORPORATIONS.
On motion of Mr. CASON, his bill [S. 91] to assert the control of the State over railroad corporations, to fix the rate of freight, and to prevent extortions, and to provide for rules and by-laws for such roads and the punishment for the violation thereof, and to provide for the licensing of locomotives and engineers, was taken from the table and referred to the Judiciary Committee.
APARTMENTS FOR STATE OFFICERS.
The PRESIDENT announced the special order for 3 o'clock, viz: the report of the joint special committee on the subject of rooms for State officers, submitted just previous to the adjournment last evening, recommending the adoption of a resolution authorizing the Auditor of State to contract with W. P. & E. R. Gallup for a ten years' lease of their building n the southeast corner of Tennessee and Market streets, at a rent not to exceed $4,500 per annum; and authorizing the removal of the State offices thereto, at the earliest practicable period.
But one other proposal in writing was submitted to the committee, and that was from George W. Miller, proposing to lease for a term of years six rooms on the corner of Illinois and Ohio streets, at an annual rental of $7,000.
Mr. HANNA moved to postpone the further consideration of the report till Tuesday afternoon at 2 o'clock.
Mr. CRAVENS. The building now occupied by the State officers is in an unsafe condition and they are anxious for the removal at an early day. An additional reason for immediate action lies in the fact that some forty-eight or fifty committees are without rooms to meet in. Then the chambers for Supreme Judges are now held by the grace of the owner of the building, but if Senators desire to examine into this matter for themselves, personally, he had no objection to postponement.
Mr. RICHMOND insisted that we should proceed cautiously in this matter, and favored the motion to postpone. Between this and next Tuesday some offer might be made which would be far more acceptable page: #=134[View Page #=134] than the two now before the committee. It is likely that nothing will be lost and much may be gained by the delay.
Mr. VAWTER showed that for the time the State proposes to occupy this building - ten years - with interest computed on the yearly rental, it would cost the State some $50,000. The building might possibly be bought for a less sum than that. He favored the motion to postpone.
Mr. THOMPSON knew of no cheaper rent in the city, if the object is to rent suitable rooms for the State offices; but if the object is to buy, that was a different question.
Mr. NOYES insisted that every Senator voting for the postponement should feel himself bound to investigate the matter and when the question comes up next Tuesday be prepared to vote intelligently on it.
The motion to postpone was agreed to.
REPORTS FROM COMMITTEES.
Mr. HOUGHTON, from the Committee on Corporations, returned Mr. Bellamy's bill [S. 31] to amend section 117 and repeal section 116 of the General Practice act, recommending its passage. The report was concurred in.
Mr. TERRY, from the Committee on Swamp Lands, returned Mr. Church's bill [S. 94] for the protection of fur-bearing animals, recommending that it be indefinitely postponed. On motion by Mr. RICE, (at the request of Mr. Church, who was absent) the report was laid on the table.
Mr. REAGAN, from the Committee on Temperance, returned Mr. Wolcott's bill [S. 46] to regulate the sale of spirituous and other intoxicating liquors with amendments, recommending its passage. On motion by Mr. CULLEN it was made the special order for Wednesday afternoon at 2 o'clock, and 300 copies of the bill and amendments were ordered printed - 200 copies for the use of the House and 100 copies for the Senate.
The following reports were concurred in :
From the Committee on County and Township Business - By Mr. RICHMOND, returning Mr. Carson's bill [S. 61] changing the time in of making Supervisors' report to correspond with the present Supervisors' law, recommending passage. Mr. LEWIS, returned Mr. Cumback's bill [S. 741 amending sections 5 and 8 of the General Township Business act of February 18,1859, recommending its passage with an amendment. By Mr. WARD, returning Mr. Carson's bill [S. 53] providing that in counties where the population exceeds thirty thousand, the Board of Commissioners may meet on the first Monday in each month, but shall not sit more than sixty days in anyone year, recommending its passage. Mr. LEWIS returned a bill S. 95 -[the title was not reported] recommending its passage.
By Mr. RICHMOND, returning Mr. Church's bill [S. 101] to amend section 5 of the General Township Business act of February 18, 1859, recommending indefinite postponement, as they have reported favorably on the passage of another bill containing the same provisions.
THE EIGHT HOUR SYSTEM.
Mr. MILLIGAN, from the Committee on Bights and Privileges, returned Mr. Kinley's bill [S. 16] defining a legal day, and prescribing the number of hours (8) in a day's work; recommending that it lie on the table.
Mr. KINLEY. This bill should be passed if for no other reason than that the laboring men in this country ask it, and they are the best judges of how many hours should constitute a day's work. The Congress of the United States have in some instances adopted this plan, and it should be adopted as a rule of law in this State, that our working men may have the advantage of a social, moral and religious education. The continual strain of muscle to the highest tension, has a tendency in some degree to degrade the moral intellect of man. I am not so foolish as to think this bill will settle the great question of how many hours shall constitute a days labor, it only requires that shall be the case upon agreement by the parties, or, in other words, where no other hours are agreed upon. Both political parties in this State adopted resolutions in favor of this measure in their respective platforms; was it done as mere political claptrap, or were the two political parties in earnest about it? You have no right to treat laboring men in that way: - You have no right to say to them before election that you are in favor of this measure, and after ter election indefinitely postpone it or lay it upon the table.
Mr. BENNETT. I hope this report may not be so hastily concurred in. I think I shall vote for the bill. I think if both political parties thought this idea of such great importance that they made haste to put in their platforms resolutions favoring it, even if it shall turn out afterwards of not so much importance, we ought not too hastily to dispose of it. I hope time will be given for the examination and proper discussion of this matter, and I move, therefore, that it be made the special order for next Thursday at 2 o'clock, P. M.
The motion was agreed to.
REPORTS PROM COMMITTEES.
Mr. TERRY, from the Committee on Rights and Privileges, returned Mr. Stagg's bill [S. 110], to repeal an act to discourage the keeping of useless sheep-killing dogs, &c., approved March 11, 1861; also Mr. Bellamy's Master and Apprentice bill [S. 6] recommending indefinite postponement. Mr. MASON returned Mr. Terry s lein bill [S. 113] with the same recommendation. these reports were severally concurred in.
T. H. & R. R. R.
Mr. RICHMOND offered a resolution, which was adopted, authorizing the appointment of a special committee of three to inquire and report how much of the dividends and profits of the Terre Haute & Richmond Railroad are due to the State under its charter, and that the Committee have power to send for persons and papers.
The PRESIDENT made the Committee to consist of Messrs. Richmond, Bennett and Carson.
STATUTES, BREVIER REPORTS, ETC.
On motion by Mr. PARRISH, it was -
Resolved, That Milton S. Robinson, Senator
page: 135[View Page 135]elect from the counties of Madison and Grant, be furnished with one copy of Gavin & Hord's Revised Statutes, twenty dollars worth of stationery, six dollars worth of postage stamps, Journals and BREVIER REPORTS, and acts of General and Special Sessions of 1865-to be provided as said articles are now furnished to the members of the Senate.
THE INCURABLE INSANE.
Mr. TERRY offered a resolution directing the Auditor of State to enquire of the several County Auditors what number of the incurable insane are provided for at the public expense, where and in what manner they are kept; and from the reports so obtained the Auditor of State shall prepare an abstract for the use of the General Assembly. He said as we were called upon tovote a large sum of money to build a house for the incurable insane of the State, and being unable to know what number should be provided for, before voting an appropriation for this purpose, we should have the information called for by the resolution.
It was adopted.
NEW PROPOSITIONS.
Mr. WALCOTT introduced a joint resolution [S. 5] directing the burning of bills of broken and closed banks, and unsigned bills of free banks, &c, and the destroying of the plates from which certain bank bills were printed, &c,, which was read the first time.
On motion by Mr. OVLER, it was referred to the Committee on Finance, with instructions to inquire whether these plates are now private property, &c.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced:
By Mr. CARSON, [S. 132] relating to witnesses. [In suits to which heirs or administrators of'deceased persons are parties founded on contract with or demand against the deceased, both plaintiff and defendant shall be competent to testify.] it was referred to the Judiciary Committee.
By Mr. MILLIGAN, [8.133] to provide for and authorizing the completion of records and transfers of real estate to complete the chain of title thereof. It was referred to the Committee on Township Business.
By Mr. OYLER, [S. 134] authorizing and empowering incorporated towns to regulate and license the sale of intoxicating liquors. [Mr. O. said, in introducing this bill, I do not wish to be put in a false light. It was prepared by an attorney of my district, and at his request I offer it. I do not expect to vote for it ] It was referred to the Committee on Temperance.
By Mr. RICE, [S. 135] vacating portions of highways in certain cases. It was referred to the Committee on Roads.
By Mr. MASON, [S. 136] to amend sec. 3, and repeal section 18 of the County Commissioners' turnpike organization law, approved March 6, 1865. It was referred to the Committee on Township Business.
By Mr. BONHAM, [S. 137] to amend section J3 of the General Practice Act, approved June 18,1852; [so as to allow suits to be brought where the action accrued or wherever it may be found. It was referred to the Committee on the Judiciary.
By Mr. MASON, [S. 138] to amend an act to discourage the keeping of useless, sheep-killing dogs, and repealing an act &c., approved March 7, 1861 and providing that nothing in this act shall be construed for the protection, &c., approved June 15,1862, [so as to exempt one dog from the tax.] It was referred to the Committee on County and Township Business.
By Mr. STEIN, [S. 139] accepting the benefits of an act of Congress donating public lands to the States for the establishment of Colleges of Agriculture and the mechanic arts. [Establishing a college to be known as the Agricultural College of Indiana and perpetually locating the same at the Tippecanoe Battle ground ] It was referred to the Committee on Agricultural Colleges.
By Mr. KINLEY, [S. 140] authorizing Insurance Companies to re-insure their risks and close up their business. It was referred to the Committee on Corporations.
By Mr. MILLIGAN, [S. 141] to define the crime of drunkenness, to provide penalties therefor, and matters properly connected therewith. [Declaring drunkenness a misdemeanor, punishable by fine of not less than $10 nor more than $50, with imprisonment not exceeding 20 days.] It was referred to the Judiciary Committee.
By Mr. STEIN, [S. 142] to provide for the payment of certain moneys due from the State of Indiana to Morehead, Hill & Co., H. G. Wright and Jacob Barkns, [contractors on the Wabash and Eried canal] Directing the Auditor to pay over $23,000 to the first named, and over $34,000 to the last named firm. It was referred to the Committee on Canals and Internal Improvement.
Mr. CULLEN presented a petition from certain lessees of water privileges on the White Water Canal, which was referred to the Committee on Canals and Internal improvements.
Mr. BELLAMY asked and obtained leave of absence for Mr. Lewis till Tuesday.
Mr. SHERROD asked and obtained leave to record his vote against the passage of Mr. Bennett's bills [S. 7] to repeal an act for the enforcement of the XIII Article of the Constitution, and the negro witness bill, [S. 29.]
And then the Senate adjourned.
