IN SENATE.
WEDNESDAY, JANUARY 23, 1867.The Senate met at 11 o'clock A. M.
A message from the House of Representatives announced the passage by that body of the Senate concurrent resolution looking to a joint convention of the two Houses at noon to-day.
On motion of Mr. OYLER, the reading of the minutes of yesterday's proceedings was dispensed with.
PETITIONS PRESENTED.
By Mr. CHURCH: From citizens of Porter, Pulaski, Jasper and Lake counties, praying for a law for the protection of fur bearing animals. It was referred to the Committee on Rights and Privileges.
By Mr. JACQUESS: The claim of the administrate. rs of the estate of Robert Early, State Quartermaster of the 2d Regiment of the Indiana Legion, for $459 50. It was referred to the Committee on Claims.
By Mr. HOUGHTON: From a Committee of the State Board of Agriculture, praying that rooms be provided by the State for the uses of said Board. It was referred to the Committee on Public Buildings.
CONTESTED ELECTION CASE.
Mr. OYLER, from a majority of the Committee on Elections, submitted a report in the case of Milton S. Robinson, contesting the place of John Hunt, the siting Senator from the counties of Madison and Grant, embodying a resolution ousting Mr. Hunt, and recognizing Mr. Robinson as the legally elected member from that district.
Mr. OYLER. The minority of the Committee desire to make a report which I understand is not yet completed, I therefore move that this report be laid on the table and made the special order for 2 1/2 o'clock to-day.
Mr. HANNA. I hope the Senate will allow more time than that, for the reason that there are depositions in this case that we would like to examine. I have not been able yet to examine them, and it is necessary for me to do so in order that I may give an intelligent vote on this question. They are quite voluminous, and I move to amend the motion by making this the special order for Friday afternoon.
Mr. OYLER. From the commencement there have been excuses for delay on the part of the sitting member and every facility has been furnished that gentleman. It is important and a matter of right that the man who has been duly elected should be admitted to a seat on this floor. I am aware that the Senator from Vigo [Mr. Hanna] has not examined these depositions, and I am also aware that Mr. Hunt was ably represented by an attorney who is a Senator, and who has examined them and had them in his possession for a day or two. Mr. Hunt and his friends have had all the opportunity any reasonable man could ask.
Mr. VAWTER. I do not presume the Senator from Johnson [Mr. Oyler] would misstate the fact, but I think he does it when he says the Senator from Madison [Mr. Hunt] or his friends or attorney, have delayed for one moment the investigation of this case.
Mr. OYLER (interrupting). I disclaim that they have, but they have claimed and demanded a delay.
Mr. VAWTER. There are depositions taken in behalf of Mr. Hunt which have never been sent to the Secretary of State's office, while the depositions of the other party were. As a matter of right and justice, Dr. Hunt asked that he might have time to go home and get his depositions. They were received only last Friday afternoon, and on motion of the Senator from Johnson himself the case was laid over till Saturday. I have examined the evidence, and as I have to vote under oath on the question, I must say, with all due candor, that if there is a particle of evidence which would justify any such statements, I have been unable, as a lawyer or a Senator, to see it. It is true this is the second or third week of the session but when a contest was made against me, I attempted to press it, and I believe forty- page: 82[View Page 82] seven days passed before members of that committee would make a report, and when they did they made it unanimous, and the Senate unanimously concurred in it. I have received these depositions since I came to the Senate Chamber, and it will be impossible to copy the evidence between now and 2 1/2 o'clock. Any man can make a report, such as the majority have submitted, in five or ten minutes; but the friends of Dr. Hunt do not want to place him upon the record in a report that will not vindicate them. When the evidence is put in proper shape, the world and the public will see that the majority of the committee have violated every principle of evidence and right. I do not say but that they have done what they think is right; but if Indiana has not been cursed with too much partisan feeling, Dr. Hunt will hold his seat as firmly, upon his majority as I do upon mine.
Mr. OYLER. The Senator has no right to say this committee has pre-determined this case. It is uncourteous.
Mr. VAWTER The rule says I shall not reflect upon the intention of Senators. I think I understand parliamentary law as well as the gentleman.
Mr. CULLEN did not regard the remarks of the Senator from Jennings [Mr. Vawter] as exactly in lace, and repelled the charge that this committee has prejudged the case of Dr. Hunt. I am to determine this question between a Democrat and Republican, under oath, and I propose to do that with the fear of God before my eyes and in face of the duty I owe the Constitution I have sworn to support. No partizan ideas shall influence my vote.
Mr. LEE As one of the minority of the committee, I will say that we do not desire to detain this business, but we do ask the Senate to give us time to make a report of such a character that we can send to the country: and Friday is as early a day as should be asked of us.
Mr. HANNA. I am very sorry to see any asperity of feeling so prematurely expressed upon the merits of this case It is wrong to go into the argument of questions we do not understand.
Mr. OYLER. I have no objection in the world to every Senator examining this matter and having time to do so.
Mr. BENNETT, The Senator from Jennings says he will be ready by to-morrow; now why not compromise by making this the special order for two o'clock to morrow? I move to amend the motion in that way I want to do just exactly right about the the thing It is a matter that ought to be settled not too soon nor too late.
The amendment was agreed to, and the further consideration of the subject was postponed till to-morrow afternoon.
REPORTS FROM COMMITTEES
were made and severally concurred in, viz:
From the Committee on Corporations: By Mr. CULLEN,on Mr. Milligan's city corporation bill [S. 70]: by Mr. CRAVENS, on Mr. Cullen's turnpike company bill [S. 11;] recommending their passage.
From the Judiciary Committee: By Mr. NILES, on Mr. Bellamy's married women's conveyance bill [S. 32:] by Mr. BENNETT, on his colored witness bill [S. 29;] recommending passage. And by Mr. HOWK, on Mr. Bellamy's bill, [S. 31] amending section 117 and repealing section 116 of the general practice act, recommending indefinite postponement. A report by Mr. RICE, on Mr. Bonham's sodomy bill [S. 68,] recommending indefinite postponement, was laid on the table.
From the Committee on Organization of Courts; By Mr. CULLEN, on his bill, [S. 34,] creating a new Common Pleas District; recommending its passage.
From the Committee on Education: By Mr. CUMBACK, on his bill, [S. [?]0,] authorizing school tax on property to be doubled, recommending its passage.
Resolutions for claims were offered:
By Mr. THOMPSON, To pay Patrick Brannon $15 for three days' work during the called session of 1865; and by Mr. CULLEN to pay Henry C. Guffin $5 for one day's service as journal clerk at the organization of this session. They were referred to the Committee on Claims.
Mr. CULLEN gave notice that on tomorrow he should move for a change in the rules so that the daily sessions of the Senate shall commence at 2 o'clock P. M., for the first thirty days of the session.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced, read the first time, and referred to the appropriate committees:
By Mr. JACQUESS, [S. 79] to provide for the incorporation of Electric Telegraph Companies.
By Mr. OYLER, [S. 80] to provide for the organization of Circuit Courts, the election of judges hereof, and repealing all laws in conflict therewith Referred to the Joint Committee on the Organization of Courts.
JOINT CONVENTION.
A message from the House of Representatives was received, inviting the Senate to repair to the Hall of the House for the purpose of comparing the votes taken yesterday for United States Senator.
Mr. CULLEN moved to take up the message and comply immediately with the invitation.
The motion was agreed to, and at 11:55 o'clock Senators proceeded to the Hall of the House
When they returned -
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The Senate met at 2 o'clock.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced, read the first time and referred to appropriate committees:
page: 83[View Page 83]By Mr. OYLER, [S. 81] to establish a County Court in each of the counties of this State, for the election of county judges, fixing the jurisdiction of said courts and the officers thereof, its powers and duties; for the transfer of business in the Common Pleas Courts, and to repeal all laws conflicting with this act, [Abolishing the Courts of Common Pleas and the Boards of Commissioners in the several counties ] Referred the Joint Committee on the Organization of Courts.
By Mr. OYLER, [S. 82] districting the State for judicial purposes, and fixing the time for holding circuit courts in the several counties of this State. Referred to the Joint Committee on Organization of Courts.
By Mr. NOYES, [S. 83] to amend section 41 of the general practice act, approved June 18, 1852. Referred to the Judiciary Committee.
By Mr. BENNETT, [S. 84] relative to the salaries of public officers, to provide the manner of paying the same, and the manner of reimbursing the State for increase of salaries, &c. [Having reference to Circuit arid Common Pleas Courts ] Referred to the Judiciary Committee.
By Mr. REAGAN, [S. 85] to amend sections 13, 14, 15, 16, 17 and 18 of the act regulating fees of officers, &c., approved March 2, 1855. [Increasing the fees of justices of the peace, constables, jurors, and witnesses,] Referred to the Judiciary Committee.
By Mr. HOWK, [S. 86] supplemental to the act for the incorporation of high schools, academies &c , approved February 28, 1855 Referred to the Committee on Corporations.
By Mr. PARRISH, [S. 87] to prevent persons who have been or may be hereafter mustered into the service of the United States or the State and who have deserted, from exercising the elective franchise, or holding any office of trust or profit. Referred to the Committee on Military Affairs.
By Mr. HOUGHTON, [S. 88] requiring parties who institute suits for divorce or slander to give security for costs. Referred to the Committee on the Judiciary.
By Mr. HOWK, [S. 89] to provide for the incorporation of steam packet companies. Referred to the Committee on Corporation.
SOLDIERS' FAMILY RELIEF FUND.
Mr. OYLER offered a preamble and resolution, which were adopted, reciting that whereas it appears by the report of the Auditor of State that $18,428 33 has been received under section 4 of the bill for the relief of families of soldiers, approved March 4, 1865, and December 20, 1865, revived that the Governor report to the General Assembly the amount and manner of expenditure of said fund, and what amount if any, remains on hand.
WORK FOR COMMITTEES.
Senate bills introduced day before yesterday, described as follows, were read by title only and referred to appropriate committees:
Mr Carson's, County, Commissioners Board term[53]; Mr. Bellamy's Township Trustee [55]; Mr Parrish's, Township Assessors [58 and 64]. and Mr Carson's, supervisors [61], to the Committee on County and Township Business.
Mr Richmond's, assessment for roads [54] to the Committee on Roads and Highways.
Mr. Cason's, leasing the Northern Prison [56] to the committee thereon.
Mr. Oyler's, Congressional apportionment [57] and legislation apportionment [60], to the committee on those subjects.
Mr Bellamy's, amending the common school law [59], to the Committee on Education.
Mr. Jacquess', amending the decedent act [62], to the committee on organization of courts.
Mr. Steins', statute repealing [63], and Mr. Oyler's instructions to jury in retirement [66 and 67], to the Judiciary Committee.
Mr. Bonham's, punishing officers for receiving illegal votes [65], to the Committee on Elections.
Mr. Jacquess' joint, resolution [4] on the public debt, to the Committee on Finance.
Subsequently -
The preacher's aid bill [H. R. 2] was read by title and referred to the Committee on Corporations. The Coroner's mileage bill [H. R. 4] was read by title and referred to the Judiciary Committee and the bill [H. R. 18] amending section 15 and repealing sections 29 and 30 of the election law, approved June 7, 1852, was read by title and referred to the Committee on Elections.
Mr. TAGGART asked and obtained leave of absence for Mr. Hunt till Monday.
SENATE BILLS PASSED.
The Committee on Finance's bill [S. 69] appropriating $12,000 for the payment of mileage to sheriffs for taking prisoners to the penitentiaries, was read the second time.
On motion by Mr. BENNETT the rules were suspended - yeas 39, nays 1 - and the bill was considered as engrossed, read the third time and passed by yeas 43, nays 1.
On motion by Mr. CHURCH his bill [S. 24] legalizing acknowledgments of all instruments required to be recorded, taken by Notaries Public after the expiration of their commissions or vacation of their appointments; (it having failed for want of a Constitutional majority the other day) was taken up, and passed the Senate by yeas 44, nays 0.
Mr. Oyler's bill [S. 5] extending the term of the present incumbent &c., was read the third time and passed by yeas 27, nays 15.
Mr. Jacquess' bill [S. 22] making it unlawful to charge any discharged soldier or his representative more than fifteen cents for official certificate in the procuring of pension, bounty or back pay coming up in order, it was read the third time and passed by yeas 43, nays 0.
TAXATION FOR SCHOOL PURPOSES.
Mr, CUMBACK. Senate bill No. 50 I would like to have put upon its passage. It is a bill to amend the 12th section of the school law by striking out "25 cents" where it refers to the tax for building and repairing school houses and other necessary expenses, and allowing the trustees, when it is necessary, to levy a tax of "50 cents." That is all there is in the bill. I think the act should be passed promptly.
On his motion the bill was considered as engrossed and read the third time.
Mr. CARSON. I think this a very bad time indeed to increase the powers of taxation upon our people, who are already burdened enough. They are no better able to pay a tax of 50 cents this year than they were last, and I don't think they are as well. I think the present law affords a page: 84[View Page 84] sufficient revenue; it has been found sufficient heretofore and I think will be in the present emergency.
Mr. BENNETT. That tax may be sufficient to build the kind of school houses the gentleman may have in his county, but in the county where I live it is not sufficient. This bill levies no taxi - t leaves it discretionary with the trustees, and my experience proves they are generally about the best men in the community and will not levy an unnecessary tax.
Mr. CULLEN. I hail from a county that is dotted all over with school houses about as fine as can be found in any county in the State, and they have been built under the law as it is. I recognize great force in the sentiments that have been uttered by the Senator from Allen [Mr. Carson]. I do not regard this as a time to pile taxes upon the people to build school houses or any thing else. If there is anything to be done in this matter of taxation let us go backward - let us reduce the taxes of the people. I understand, I think, what the object of this proposed amendment is; it is not to build up country school houses, but those large school houses going up and being illy used in the larger cities and towns of the State. Taxes are already sufficiently burdensome upon the people, and the tax as it now stands is amply sufficient for the wants of the great masses of the people of Indiana.
Mr. CUMBACK. The towns are just like the country as far as this tax is concerned. If the towns want good school houses their trustees can levy such a tax as will enable them to build them; and when they build them it won't oppress anybody but the people of the towns. There is no tax the people of this State pay so cheerfully as the one for the education of their children. The time has gone by when we are to have log school houses and slabs for children to on. When we have good school houses we will have good teachers. In many towns they have built good school houses under the old law and what is the result? They have gone into debt and issued bonds or borrowed money at ten to twelve per cent., and this twenty-five per cent, tax is eaten up and there is no money with which to buy school apparatus, put blinds on the windows, plant shade trees, etc.; and I know from conversation with the people that they would prefer to have the right to levy such a tax as would wipe out their indebtedness at once. I do not see any good reason for opposition to this bill.
Mr. NILES As a general rule I expect to be found in full sympathy with the sentiments expressed by the Senators from Allen [Mr. Carson] and Rush [Mr. Cullen], but in this case I am inclined to go for the liberty of increased taxation. He stated two or three reasons that influenced his vote on the bill, and said: I think as a general rule township trustees and trustees of cities will be somewhat cautious on this subject, and the highest rate will not be levied except in cases of necessity.
Mr. RICE cited an objection, which
Mr. BELLAMY explained away.
Mr. CHURCH was very much in favor of the bill. We have in our cities and towns school houses that the different churches building; - they make them beautiful and attractive, and the consequence is our common schools are deteriorating.
Mr. OYLER. While uniting with gentlemen on the general principle that we ought not to increase taxation, we should make an exception in the case of common schools. If the necessity should arise it is proper that we run our common schools in opposition to sectarian institutions of learning.
Mr. TURNER would have to vote against the bill unless it were amended so as to require the rate of taxation to be decided by a majority of the voters interested.
The bill was passed by yeas 27, nays 18.
Mr. CRAVENS offered a resolution, which was adopted, instructing the Judiciary Committee to inquire into the expediency of requiring the parties, in all sales of real estate by sheriffs, guardians, administrators, or executors, to advertise in the daily papers of the place, if any such are published, and report by bill or otherwise.
And then the Senate adjourned.
