IN SENATE.
MONDAY, JANUARY 10, 1867.The Senate met at two o'clock p. M., Pursuant to adjournment.
The Secretary's minutes of Friday's Proceedings were read.
FROM THE GOVERNOR.
A message from Governor Baker was communicated to the Senate by John M. Commons, Esq., Assistant Secretary.
Mr. NILES. I would respectfully suggest that the message from the Governor be taken up.
It was so ordered by the Senate.
The message was then read by the Secretary as follows:
page: 109[View Page 109]To the Senate and House of Representatives: By the resignation of His Excellency, Oliver P. Morton, governor of the State, communicated to you on the 24th inst., the duties of his office, under the Constitution, devolve upon me as Lieutenant Governor.
I beg to inform the General Assembly that I have entered upon the performance of these duties.
It may not be superfluous to add that I shall make it my study most cordially to co-operate with the General Assembly in all its measures intended to promote the prosperity of the State and the welfare of its people.
Captain John M. Commons is authorized to make Executive communications to the General Assembly. CONRAD BAKER.
EXECUTIVE DEPARTMENT,
INDIANAPOLIS, January 25, 1867.
REPORTS FROM COMMITTEES
were made and concurred in, to-wit:
From the Committee on County and Township Business - By Mr. LEWIS, returning Mr. Cumback's bill [S. 74] amending sections 5, 8 and of the Township Business Act of February 18, 1859, with an amendment striking out its provision amending section 11. Also Mr. Parrish's Assessor's List bill [S. 58] recommending passage. By Mr. NOYES, returning Mr. Parrish's bill [S. 64] increasing assessor's per diem, recommending indefinite postponement.
THE STATE HOUSE.
Mr. OYLER offered a resolution that the Committee on Public Buildings inquire into the expediency of employing a night watchman to guard the State House, and the property therein, and report by bill or otherwise. He said: My idea is embraced in the resolution itself. Here are the records of the State, a valuable library, war trophies, and an amount of property I have not the ability to compute. It is the only building of any importance in Indianapolis, public or private, but what has a night watchman. There is no very great danger from theft, but there is from fire. I hope the Senate will adopt the resolution.
It was adopted.
THE ADJUTANT GENERAL.
Mr. CHURCH offered a resolution, which was adopted, instructing the Committee on Military Affairs to inquire into the expediency of reporting a bill requiring the Adjutant General of the State to act as Paymaster and Quartermaster, having in view the closing up of said business, and a saving to the State.
THI NEGRO AND THE PUBLIC SCHOOLS.
Mr. KINLEY offered the following:
Resolved, That the Committee on Education be instructed to report an amendment to the school law, permitting any inhabitant of this State over the age of six years, whether married or single, to attend the common schools free of charge.
Mr. K. said: The law at present excludes from our common schools all persons over age. At the present time there is a special reason why such a law should pass, in the fact that many of our soldiers went out under age, and lost the chance they would have had, and before returning to their homes have become of age. This is a reason for offering the resolution.
Mr. OYLER. While I am about as black an abolitionist as any gentleman in the chamber, I am not in favor of placing the two races together in the public schools. I am in favor of the colored population in Indiana being taxed and having their share of the school fund, but this is as far as I am disposed to go now, or ever expect to go. If we instruct the committee to act as proposed in the resolution they are bound to obey, and hence I think the resolution ought not to pass. If it does pass, it at once shuts out all distinctions as to color in our public schools. While I claim to be a friend of the negro, and desire to see him elevated, and think he should be educated and have a full share of the public money and pay a full proportion of the public expenses, I do not desire, and I hope as long as I am a citizen of Indiana he will not receive the same schooling that white children do. For these reasons I shall be compelled to vote against the resolution in its present shape.
Mr. KINLEY. The gentleman is agitated. He sees a nigger where there is no nigger. I can not see why he should oppose the resolution. He says he is in favor of giving the negroes the benefit of the public schools; and don't say in the resolution that colored children shall receive the same schooling as white children. That will be left to future legislation. This Legislature will provide, I take it, that children of the colored population shall be entitled to the benefit of the public schools. I think there has been already a sufficient expression manifested in the Senate and in the House, and by the Governor in his message, and by outside influences, that this Legislature will be expected to pass a law providing for the colored children in this State. I hope the resolution will pass as it stands.
Mr. CULLEN. I desire to offer an amendment, changing it from a resolution of instruction to one of inquiry. I offer that amendment. I am opposed to the whole thing as it now stands.
Mr. HANNA. I move to lay the resolution and the amendment on the table, and upon that I ask the yeas and nays.
Mr. CULLEN. I hope the Senator will not drive us into that now.
Mr. HANNA. I don't want to be oppressive. If the gentleman desires to discuss it I will withdraw my motion.
Mr. CULLEN. I don't want to vote to put that resolution on the table with the amendment, but I want to vote square page: 110[View Page 110] against the resolution, and for the amendment. I call for a division of the question.
The Senate refused to lay the amendment on the table - yeas 9, nays 25; and also refused to lay the resolution on the table - yeas 14, nays 21.
The amendment was then agreed to by yeas 24, nays 10; and the resolution, as amended, was adopted by yeas 24, nays 10 - as follows:
YEAS - Messrs. Bellamy, Bonham, Brown, Cason, Church, Cravens, Cullen, Houghton, Huey, Hyatt, Jaquess, Johnson, Lewis, Niles, Noyes, Oyler, Parrish, Reynolds, Rice, Stein, Terry, Thompson, Ward and Wolcott - 24.
NAYS - Messrs. Barker, Carson, English, Hanna, Huffman, Kinley, Newlin, Smith, Staggs and Taggart - 10.
REFERENCE OP PAPERS.
Mr. WOLCOTT, to save time in making motions to refer petitions, memorials, resolutions and bills, offered a resolution that they be referred to the appropriate committees by the President of the Senate unless the Senate shall order otherwise.
The PRESIDENT. As this resolutionwill probably change a rule of the Senate itwill have to be laid over for one day.
TEACHER'S QUALIFICATIONS.
Mr. KINLEY offered the following:
Resolved, That the Committee on Education be instructed to inquire into the expediency of so amending the school law of this State as to require teachers of the public schools, after the 1st of June, 1868, to be able to teach the following additional branches, to-wit: physiology, and the constitutional history of the United States, and the constitutional history of the State of Indiana.
Mr. KINLEY said, this by no implication has a negro or a mulatto in it. It is simply a resolution of inquiry.
The resolution was adopted.
SOLDIERS' CLAIM AGENCY.
Mr. STEIN offered a resolution, which was adopted, requesting the Auditor of State to furnish the Senate with a report showing the amount of warrants issued on account of the State Soldiers' Claim Agency.
RE-PUBLICATION OF BLACKFORD's REPORTS.
Mr. RICE offered a resolution that a special committee of three be appointed to inquire into the expediency of the State's furnishing aid for the re-publication of Blackford'a Reports.
Mr. OYLER suggested that this resolution should be referred to the Judiciary Committee, as there has already been sent to that Committee a petition on this subject.
Mr. RICE acquiesced.
The resolution was so referred.
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. CARSON, [S. 105] to amend section 5 of an act entitled An act to amend sections two and five of an act entitled An act providing for an organization of Circuit Courts, the election of Judges thereof, and defining their powers and duties, approved June 1,1852; and providing for Criminal and Civil Circuit Courts, approved December 20,1865, [so as to authorize the holding of Criminal Circuit Courts in all counties having eight thousand voters ] It was referred to the Judiciary Committee.
By Mr. BONHAM,[S. 106] to amend section13 of an act entitled An Act to revise, simplify and abridge the rules, practice, pleadings and forms in criminal actions of this State, approved June 17,1852. [Amending the rules of procedure in trials so that the Prosecuting Attorney shall open and close the argument.] It was referred to the Judiciary Committee.
By Mr. CASON, [S. 107] to invest School Trustees of cities, incorporated towns and townships in their discretion at the same time and in like manner as they levy the special school tax to levy a tax for the purpose of continuing their schools after the school revenues distributed by the State have been expended. It was referred to the Committee on Education.
By Mr. BELLAMY, [S. 108] to amend an act entitled An Act for the incorporation of Insurance Companies, defining their powers and presenting their duties, approved June 17,1852. [Amending sections 26 and 55.] It was referred to the Committee on Corporations.
By Mr. CARSON, [S. 109] to amend section five of an act entitled, An act to provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and prescribing the fees for certain officers thereof named, and for the establishment and regularation of township libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed, approved March 6, 1865; [so as to provide for the election of school trustees in cities and towns by the qualified electors, fixing their compensation at two dollars per day and limiting the same to fifty dollars per year and providing for the election of one of said trustees each year, and prohibiting them from interest in contracts made by them in matters pertaining to their duties.] It was referred to the Committee on Education.
By Mr. STAGGS. [S. 110] to repeal An Act to discourage the keeping of useless, sheep-killing dogs, and providing penalties for the violation of any of the provisions of said act by officers and others ; and also repealing an act to license dogs, approved March 11, 1861. It was referred to the Committee on Rights and Privileges.
By Mr. KINLEY, [S. 111] authorizing township trustees, trustees of incorporated towns and the Common Council of cities to levy a tax for school purposes, [not exceeding 25 cents each $100 of taxable property, and 25 cents on each taxable poll .] It was referred to the to Committee on Education.
By Mr. PARRISH, [S. 112] declaring what shall be evidence of desertion under the first section of the act of Congress entitled An Act amend the several acts in force heretofore passed to provide for the enrolling and the national forces and for other purposes, approved March 3. 1865. ["The certificate of the Adjutant General of the State of Indiana that such person in a deserter, as shown by the examination of the records of the office of the Provost Marshal of the proper district."] It was referred to the Committee on Military Affairs.
By Mr. TERRY, [S. 113] to amend the 647th section, and repeal the 649th section of the General Practice Act, approved June 18, 1852 [ adding these words: "sub-contractors, journeymen, laborers," after the first word (mechanics) in sec- page: 111[View Page 111] tion 647.] It was referred to the Committee on Rights and Privileges.
By Mr. KINLEY, [S. 114] to amend the Common School Law, approved March 6, 1865, and adding supplimental sections thereto. [Amending sections 5, 6, 7, 9, 12, 14, 16, 17, 18, 21, 26, 30, 41, 157, 158.] It was referred to the Committee on Education.
By Mr. SMITH, [S. 115] to provide by law for draining and tiching low, wet and overflowed lands in the State of Indiana. It was referred to the Committee on Swamp Lands.
By Mr. TERRY, [S. 116] to amend sections 18 and 25 of an act entitled An Act for the government of the Indiana Hospital for the Insane, and the care of the insane of Indiana, approved January 15, 1852. It was referred to the Committee on Benevolent Institutions.
By Mr. KINLEY, [S. 117] to amend sections first and tenth of the common school law. [Striking out the priviso in section one, and striking the word "white" from the tenth section. [It was referred to the Committee on Education.
By Mr. NILES, [S. 118] to require clerks of the Courts of Common Pleas to specify by separate items the fees and services for which they may demand payment of executors, administrators or guardians. It was referred to the Judiciary Committee.
By Mr. THOMPSON, [S. 119] amending the thirteenth section of the act approved June 4, 1861, entitled An Act to provide for the incorporation of street railroad companies. [So that stockholders shall be individually liable only "to the same extent and no greater than stockholders in other railroad companies."] It was referred to the Committee on Corporations.
By Mr. NILES, [S. 120] to amend section 63 of an act defining misdemeanors and prescribing punishment therefor, approved June 14, 1852 [By adding the words "or his deputy," and adding to the punishment, disfranchisement; "and besides the punishment above specified any person injured by such extortion by such officer or his deputy, may sue such officer on his official bond, or otherwise recover the amount or value of the money or other thing of value, together with ten per cent interest thereon from the date the same was so unlawfully received by such officer or his deputy. " It was referred to the Judiciary Committee.
By Mr. KINLEY [S. 121], to amend an act to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors ; to prohibit the adulteration of liquors; to repeal all former laws contravening the provisions of this act, and prescribing penalties for violation thereof, of approved March 5, 1859. [Amends Sec. 31 by providing that "Any person over the age of 21 years" may obtain license, on presenting "to the Board of County Commissioners a petition" "signed by a majority of the legal voters of their township in which he wishes to sell," and recites a form of petition. Sec. 4 provides that the bond shall be in the sum of $1,000. Amends Sec. 5 by requiring the seller to pay $100 into the County Treasury for the benefit of Common Schools. Adds these words to sec 9: ''to a minor or to any person in a state of intoxication " the fine in this and the following Section shall not be less than $50 nor more than $100. Section 11 of the old law is omitted. Sec. 11 raises the minimum fine from $50 to $100. Sec. 12 makes the fine for keeping a, disorderly house not less than $100 nor more than $500. Sec. 13 punishes a minor representing himself to be of age, by a fine of not less than $5 nor more than $25. Sec. 14 punishes every person found in a state of in toxication.] It was referred to the Committee on Temperance.
By Mr. HANNA, [S. 122] regulating the practice of Dentistry in the State of Indiana. [Practitioners shall not practice after the 1st day of September, 1867, without a diploma from the faculty of a Dental College, &c.] It was referred to the Judiciary Committee.
Mr. WOLCOTT asked and obtained leave of absence for Mr. Armstrong, on account of sickness in his family.
Mr. CARSON obtained leave of absence for Mr. Bowman until Wednesday.
By leave, Mr. THOMPSON presented a petition concerning the grading of certain streets, which was referred to the Committee on the Affairs of the town of Indianapolis, without reading.
The bill [H. R. 8] amending seetion 99 of the General Practice Act, approved June 18, 1852, was read the first time and referred to the Judiciary Committee.
SENATE BILLS ORDERED ENGROSSED.
On motion of Mr. WOLCOTT, his bill [S. 19] providing for a revision and consolidation of the statutes was read the second time and ordered engrossed for the third reading on the 30th of January, at 2 o'clock P. M.
Mr. Bennett's bill [S. 7] repealing an act entitled An Act to enforce the Xlllth Article of the Constitution, was read the second time and ordered engrossed for the third reading.
Mr. Cullen's County Commissioners Turnpike bill [S. 11] was read the second time and ordered to be engrossed.
Mr. Bonham's bill [S. 28] giving justices power to collect costs in State prosecutions was read the second time and ordered engrossed.
Mr. Bennett's witnesses bill [S. 29] without distinction of color or blood, was read the second time and referred to the Judiciary Committee.
Mr. Bennett's bill [S. 33] increasing the fees of constables, justices of the peace, jurors, witnesses and county commissioners, was read the second time
Mr. OYLER. I am satisfied this bill fixes our fees too high. For the purpose of getting at what is right, with the promise from the President that he will not appoint me, I move that it be referred to a special committee of five.
Mr. NILES dissented from the majority of the Judiciary Committee in recommending the passage of this bill. He thought the present was no time to increase fees and salaries, except in a few cases, where there might be a palpable necessity for it. If officials could live with fees and salaries as they have been during the last three or four years, they certainly could live with these fees now, when money is worth 33 1/3 cents more than it was a year ago. He moved to amend by striking out all that relates to the increase of fees, except so much as allows $5 a day to County Commissioners.
Mr. CULLEN endorsing what the Senator from Laporte [Mr. Niles] has said, moved to lay the bill on the table. There was an act passed at the last session allowing County Commissioners $5 per day.
The motion was agreed to.
Mr. Cullen's bill [S. 34] creating a new Common Pleas District - the counties of Rush, Decatur and Ripley - was read the second time and ordered engrossed.
Mr. CASON offered a resolution, which page: 112[View Page 112] was adopted, [Mr. Cravens being in the chair] requesting the President of the Senate to retain his position as chairman of the Committee on Education.
Mr. Steins' grand larceny bill [S. 35] was read the second time.
Mr. NILES. The Judiciary Committee unintentionally did injustice to the Senator from Franklin [Mr. Oyler] in the form of their report recommending postponing indefinitely his bill, without explaining that, though the subject matter was approved, the recommendation to indefinitely postpone was made simply because there was another bill before the committee covering the same ground and more.
Mr. OYLER moved to amend the bill by adding appropriately in two sections thereof these words: "and shall be disfranchised and incapable of holding office of trust or profit for any determinate period of time."
Mr. STEIN had no particular objection to the amendment. The only reason that it was omitted was that such a clause was entirely nugatory.
Mr. CULLEN. The grade of punishment has never been too great, and there was no necessity for bringing it down from two years to six months, as is proposed in the bill. That clause in the bill making theft from the person larceny was a wholesome amendment. He moved to recommit the bill with the pending amendments.
Mr. OYLER was in favor of increasing the grade of grand larceny $5 to $20. He moved to so amend the bill.
The motion to recommit the bill and pending amendments was agreed to.
And then the Senate adjourned.
