IN SENATE.
TUESDAY, JANUARY 29, 1867.The Senate met at 2 o'clock P. M.
She reading of yesterday's journal having been commenced - on motion of Mr. RICE its reading was dispensed with.
Mr. CULLEN demanded a call of the Senate, and it being had, but 23 Senators were reposted as answering to their names.
COMMITTEE CHANGES.
The PRESIDENT announced the following changes in the Standing Committees.
Public Buildings - Mr. Newlin in the place of Mr. Hunt. Military Affairs - Mr. Robinson in the place of Mr. Cumback. Swamp Lands - Mr. English in the place of Mr. Hunt. Temperance - Mr. Robinson in the place of Mr. Cumback. County and Township Business - Mr. Carson in place of Mr. Hunt. Rights and Privileges - Mr. Mason in the place of Mr. Hunt. Congressional Apportionment - Mr Hyatt in the place of Mr. Cumback, and Mr. Smith in place of Mr. Hunt.
REPORTS FROM COMMITTEES
From the Judiciary Committee - By Mr. NILES, returning Mr. Stein's bill [S. 63] repealing certain statutes not in accordance with decisions of the Supreme Court; and by Mr. BENNETT, a majority report on his bill [S. 84] increasing the salaries of Circuit and Common Pleas Judges ; recommending their passage. By Mr. NILES. a minority report, dissenting from the opinion of the majority of the Committee on the bill S 84. These two reports were made the special order for Thursday at 2 o'clock P. M. By Mr. STEIN, returning Mr. Niles' bill 18 97] designating certain holidays; by Mr. RICE, returning Mr. Thompson's bill [S. 105] to prevent the destroying of insured property, with an amendment, adding an emergency clause; by Mr. MASON, on his bill [S 96] to amend the 716th section of an Act concerning the writ of habeas corpus, passed at the called session of 1865, with an amendment, so that when the party makes his affidavit that the Judge is sick or absent from his circuit or district, or that he is biased or prejudiced against the party, then the cause shall be sent to the Judge in the adjoining circuit or district.
From the Committee on Temperance - By Mr. REAGAN, returning Mr. Thompson's bill [S. 8] providing for the custody of habitual drunkards, recommending passage.
PAY OF COUNTY OFFICERS.
Mr. CARSON offered a preamble and resolution, reciting that whereas there if great inequality in the aggregate amount of fees received by the different county officers, in some counties greatly exceeding what they should be; and as uniformity of compensation to the same class of officers is desirable, therefore be it resolved, that page: 117[View Page 117] committee of five be appointed to inquire into the expediency of providing bylaw that the fees of county officers shall be paid into the county treasuries, and providing salaries to be paid said officers instead of fees, on any basis that is just and equitable. He said it was evident that thefees of county officers were greatly disproportionate, and there was no reason whythey should receive such large compensation for the services performed. They receive more pay in proportion than the governor or any of our State officers, and are thereby enabled to exercise an undue influence in procuring their election. He therefore thought this a proper subject for the inquiry of a committee.
Mr. RICHMOND. The resolution I regard as of too much importance to be acted upon hastily, and for that reason I move its reference to the Committee on County and Township Business.
Mr. CARSON acquiesced.
The motion was agreed to.
SOLDIER'S HOME.
Mr. CULLEN offered a resolution that the Committee on Rights and Privileges be requested to return to the Senate his bill [S. 4] for the establishment of a Soldier's Home. He said: At the beginning of the session I introduced a bill to establish a Soldier's Home at the Springs near Knightstown, and it was referred, I believe, the next day on my motion to the Committee on Rights and Privileges of the Inhabitants of this State. Sixteen or seventeen days are now gone and they have had the bill under consideration the whole time. I feel more interest in that bill than any other the Legislature can or will pass this session, therefore I desire the Senate to recall it and put it in the hands of some Committee that will act upon it.
Mr. GIFFORD. The Chairman of the Committee has just come in. and did not hear the motion. I am a member of that Committee, and will say that we have had that bill under careful consideration, and have been trying to perfect it and report upon it. If the Senate thinks any other committee will act more promptly, as far as l am concerned I have no objection to the change of reference.
Mr. CHURCH. We either had to refer the bill back and recommend that it do not pass, or it had to be fixed up considerable. It was placed in the hands of the Senator from Montgomery [Mr. Milligan] to revise and amend as suggested by the Committee, but he was called away, and I doubt whether the gentleman can find the bill now.
Mr. CULLEN. I only wanted to hear from my bill. If the Committee are working at it, all right. I will withdraw my resolution.
THE STATE UNIVERSITY.
Mr. SMITH offered a resolution, which was adopted, that the Committee on Corporations be instructed to inquire into the expediency of removing the State University from Bloomington and locating it on University Square, or some other point at or near Indianapolis.
AGRICULTURAL COLLEGE COMMITTEE.
Mr. STEIN offered a resolution that the Committee on Education and the Committee on Agriculture, acting jointly, be constituted a Committee on Agricultural College. He was informed that the Board of Commissioners appointed in connection with the location of an Agricultural College were in session to-day, and desired to confer with the Committees of the Senate and House on that subject. The House has a Committee constituted in this way, and it would be proper for the Senate to have a similar Committee, to act in conjunction with that of the House.
Mr. OYLER moved to amend the resolution by making the Committee consist of one from each Congressional District.
Mr. BENNETT opposed the amendment.
It was rejected.
The resolution was then adopted.
REFERENCE OF PAPERS.
Mr. WOLCOTT called up his motion, of which he gave notice yesterday, that all petitions, memorials, resolutions and bills be referred to the appropriate committees by the President of the Senate, unless the Senate shall order otherwise.
It was adopted as one of the standing rules.
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:
By Mr. CULLEN,[S. 123] to provide for the burying of dead animals and prescribing punishment for the violation thereof [Any owner of an animal at the time of death who shall suffer the same to remain unburied for three days shall be guilty of a misdemeanor and fined in a sum not less than five nor more than twenty dollars.] It was referred to the Committee on Corporations.
By Mr. TAGGART, [S. 124] creating the judicial circuit, to provide for the appointment of a Judge and Prosecuting Attorney thereof and the time of holding the courts therein. [The counties of Morgan, Monroe, Jackson, Brown and Bartholomew to constitute the circuit.] It was referred to the Committee on the Organization of Courts.
By Mr. BARKER, [S. 125] to declare abandoned certain unfinished railroads, to provide for their completion, declaring forfeited the charters of certain railroad companies, etc. It was referred to the Committee on Corporations
By Mr. CASON, [S. 126] proposing an amendment to the Constitutiion of this State, to provide for the taking of the sentiment of the electors of this State in reference thereto at the October election of 1867, and providing for the proclamation by the Governor in relation there- page: 118[View Page 118] to, etc. [Cities and towns shall have power to raise revenue for the support of schools.] It was referred to the Judiciary Committee.
By Mr. REYNOLDS, [S. 127] to amend an act regulating foreign insurance companies doing business in this State, &c., approved December 1 , 1865. [Amending section 1. He also presented a petition from sundry citizens of St. Joseph county praying for the passage of this bill.] They were referred to the Committee on Corporations.
By Mr. MASON, [S. 128] to amend section 28 of an act denning felonies and prescribing punishment therefore, approved June 10, 1852. It was referred to the Judiciary Committee.
By Mr. OYLER, [S. 129] to amend the General Practice act, approved June 18, 1852. [Amend section 359 by providing that no issues shall be set for trial till the third day of the term.] It was referred to the Judiciary Committee.
By Mr. SHERROD, [S. 130] to amend section 1 of the act prohibiting Judges and county officers from practicing law in the courts of which they may be officers, &c., approved March 6,1865. [So as to allow Common Pleas Judges to practice in the Circuit and Supreme Courts except in cases of appeal from their courts.] It was referred to the Judiciary Committee.
By Mr. STEIN [S. 131] to amend section 784 of the General Practice act, approved June 17,1852, [by striking out the amount of damages] It was referred to the Committee on Corporations.
APPROPRIATIONS FOR THE STATE ASYLUMS.
Pending the order for the introduction of bills -
Mr. KINLEY, from the Committee on the Benevolent Institutions, returned his bill [S. 98] appropriating $40,000 for the support of the Benevolent Institutions of the State till March 31, recommending passage.
On motion by Mr. CULLEN, the bill was read the second time.
Mr. BELLAMY, after stating that these institutions were suffering for the want of these funds, moved that the rules be suspended in order that the bill may be read the third time now.
A constitutional provision requiring the yeas and nays, they were taken and resulted yeas 30, nays 9.
The bill was then read the third time.
Mr. BENNETT raised the point of order whether thirty Senators could suspend the Constitutional provision requiring bills to be read on three several days? or, in other words: whether the Senate is composed of fifty members or a mere quorum present in the chamber? The practice heretofore has been that it took two-thirds of all the members elected to suspend the rules.
The PRESIDENT. I think the Constitution clearly contemplates that it should take two-thirds of the whole Senate.
Mr. OYLER. The rule has been held to be the other way during the two last sessions. Two-thirds of the members present would be a fair construction of the Constitution. He appealed from the decision of the Chair, and stated his reasons.
Mr. VAWTER was Secretary of the Senate during the first session under the new Constitution; and up to last session, the rule was that it required thirty-four Senators to suspend the rules. In haste here one day last session the construction named by the Senator [Mr. Oyler] was given; but down to the year 1865, the practice of the Senate was the other way uniformly.
Mr. KINLEY was of the impression that the Constitution contemplated two-thirds of the House, but did not intend to vote against the decision of the Chair.
On motion by Mr. VAWTER, the appeal was laid on the table nem. con.
Mr. CRAVENS. It is understood by the Committee that the amount now appropriated shall come out of the appropriations for the current fiscal year, and not in addition, This bill has been called for by the Benevolent Institutions in consequence of former appropriations being exhausted.
Mr. HANNA announced that he had in preparation a bill making these appropriations perpetual. These Institutions, by defects of legislation, have suffered severely heretofore, and he had desired to move to recommit the bill with instructions to inquire into the expediency of making these kind of appropriations in a perpetual bill; but if there is a pressing necessity he saw no objection to passing this bill now, with the understanding that the amounts appropriated are to be deducted from the appropriations hereafter to be made.
Mr. BENNETT called for a recount on the vote to suspend the rules, and it being ordered and taken resulted yeas 34, nays 8.So the rules were suspended; and the question being shall the bill pass ?
Mr. HANNA moved to recommit the bill with instructions to inquire into the expediency of making it a perpetual bill.
Mr. CULLEN. Without intending any disrespect or discourtesy to the gentleman moved to lay his motion on the table.
This latter motion was agreed to by yeas 25, nays 16.
The bill was then finally passed the Senate by yeas 38, nays 2.
BILLS PASSED THE SECOND READING.
Mr. Reagan's [S. 30] for the protection of fish, was read the second time and ordered engrossed for the third reading.
Mr. BENNETT called from the table his bill [S. 33] increasing the fees of constables, justices, jurors, witnesses, and county commissioners.
Mr. OYLER moved its reference to a select committee of five.
Mr. BENNETT resisted the motion. This same bill passed the Senate last session.
The motion was rejected.
Mr. NILES withdrew the amendment he offered yesterday.
The bill was then ordered to be engrossed by yeas 26, nays 15.
page: 119[View Page 119]Mr. Rice's bill [S. 32] to provide for issuing capias ad satisfaciendum, was read the second time and ordered to be engrossed.
Mr. Richmond's bill [S.36] allowing the Sheriff of the Supreme Court an additional salary of $1,200, was read the second time, &c.
Mr. Hyatt's bill [S. 38] amending section 20 of the Supervisor's Act, was read the second time,&c.
Mr. Parrish's bill [S. 43] amending section 15 of the Highway Act, was read the second time, &c.
Mr. Parrish's Assessors' List bill [S. 58] was the second time, &c.
Mr. Jacquess' bill [S. 62] amending sections 49and 148 of the Decedents' Estate Act, was read the second time, &c.
Mr. Million's bill [S. 70] amending section 57of the City Incorporation Act, was read the second time, &c.
Mr. Church's Transportation bill [S. 74] was read the second time and referred to the Committee on Corporations.
Mr. Cumback's bill [S. 74] amending sections 5 and 8 of the Township Business Act. was recommitted to the Committee on County and Township Business, because the amendments proposed by the committee were lost.
THE THIRTEENTH ARTICLE.
Mr. Bennett's bill [S. 7] to repeal an Act entitled An Act to repeal the XIIIth Article of the Constitution, coming up in regular order it was read the third time and failed to pass for want of a Constitutional majority - yeas, 25; nays, 17.
Mr. CRAVENS demanded a call of the Senate so that we may have this bill passed.
The call proceeded and 42 Senators answered to their names.
Mr. CULLEN moved that the absentees be sent for. I am unwilling to sit here if other Senators are not willing to sit with us.
The PRESIDING OFFICER (Mr. Richmond in the Chair.) There are only three members absent without leave of the Senate.
On motion of Mr. OYLER farther proceedings under the call were dispensed with.
On his further motion the bill was again taken up and put on its passage.
It was then finally passed the Senate by yeas, 26; nays, 16 - as follows.
YEAS - Messrs. Belltmy, Bennett, Bonham. Brown, Cason, Church, Cravens, Cullen, Houghton, Hyatt, Johnson, Kinley, Lewis, Niles, Noyes, Oyler, Parrish, Reagan, Reynolds, Rice, Richmond, Stein, Terry, Thompson, Ward and Mr. President - 26.
NAYS - Messrs. Barker, Carson, Gifford, Hanna, Huey, Huffman, Humphreys, Jaquess, Lee, Mason, Newlin, Smith, Staggs, Taggart, Turner and Vawter - 16.
Pending the vote -
Mr. JOHNSON, when his name was called, said: Before the Supreme Court decided the 13th article to be unconstitutional I should have voted "no," but since that decision I feel that I am justified in voting "aye."
So the bill passed.
CONVEYANCES BY MARRIED WOMEN.
Mr. Bellamy's bill [S. 12] for the correction of mistakes in conveyances where a married woman is a party, coming up in regular order, it was read the third time, and finally passed the Senate by yeas 33, nays 8.
TURNPIKE, GRAVEL AND OTHER ROADS.
Mr. Cullen's bill [S. 11] to amend sections 3 and 14 of the county Commissioners' turnpike road act, approved March 6, 1865, coming up, it was read the third time.
Mr. CULLEN. This bill amends the act found on page 90 of the acts of the regular session of 1865. It proposes to amend section 3 by preventing the taxation of any one piece of land for the construction of more than one road. It is a question whether you may not tax the same piece of land any number of times for the construction of as many different roads. He cited a case of hardship in his own county, under the latter construction. While this amendment is for the benefit of the people at large the amendment to section 14 is for the benefit of the company. It gives the company the right to enter upon the lands adjacent to the road for the purposes of drainage, or to get earth, timber or gravel for the construction of the road, by giving the owner five days notice. The road chooses one person and the owner of the land another, to assess the damage done by taking timber or gravel, &c., and if they fail to agree they call in an umpire. Then if the owner is not satisfied he can appeal to the Common Pleas or Circuit Court, but can not in the meantime stop the progress of the road. Under the present law where a man is stubborn it is almost impossible to go ahead with the road. The general railroad law embraces a similar section to the one in the bill, but it would not be applicable to this act.
The bill was finally passed the Senate by yeas 41, nays 0.
COSTS IN STATE PROSECUTIONS.
Mr. Bonham's bill [S. 28] giving Justices of the Peace power to collect costs in State prosecutions, coming up in order, it was read the third time and finally passed the Senate by yeas 39, nays 3.
Mr. Cullen's bill [S. 34] creating a new Common Pleas district, was read the third time.
Mr. CULLEN. This bill creates a new Common Pleas district out of the counties of Rush, Decatur and Ripley, and all parties concerned are anxious that the bill should pass. It passed the Senate last session and failed in the House for want of time. It disturbs no other district and affects only those counties named.
The bill passed the Senate by yeas 39, nays 0.
And then the Senate adjourned.
