IN SENATE.
FRIDAY, February 1, 1867.The Senate met at 2 o'clock P. M.
On motion by Mr. MILLIGAN, the reading of the journal of yesterday was dispensed with.
PETITIONS - RUMSELLERS' "WRONGS."
Mr. MILLIGAN. Mr. President: I present a memorial that I want read, and I hope every Senator within this Chamber will give ear to it, and every person in our State would do well to heed its warning.
It was read by the Secretary, and is as follows:
To the Senate and House of Representatives of the State of Indiana :
The undersigned, citizens of the State of Indiana, in the exercise of their constitutional right, peacably to assemble and petition the legislative power for a redress of grievances, would respectfully represent to your honorable body as follows :
Your petitioners, together with many thousands of other persons throughout the State of Indiana, are engaged in the laudable and honorable occupation of making drunkards, paupers and beggars, for the respectable portion of the community to support. We deal in "familiar spirits," which excite men to deeds of riot, robbery and bloodshed, and in that manner, diminish the comforts, increase the expenses, and injure the welfare of the people. It is our business to prepare, upon short notice, victims for the poor houses, asylums and the gal- page: 140[View Page 140]lows. This is done by means of drugs of various kinds. We furnish to any of the citizens of the State, upon demand, for a sum of money, an article agreeable to the taste, which greatly increases the number of fatal accidents and multiplies distressing diseases. We deal in drugs which deprive some of life, many of reason, most of property, and all of their peace of mind - which causes wives to become widows, children to be made orphans, and all to be great sufferers. We cause the rising generation to grow up in ignorance, and thus prove a nuisance to the nation. We cause mothers to forget their children, and priceless virtue to forget its value. We are even sometimes successful in corrupting ministers of religion, in order to obstruct the progress of the Gospel, defile the purity of the Church of God, and cause temporal and spiritual death.
And what do we get in return for all this? We answer "Greenbacks" - paltry gold. This is our only reward for all the services we render community.
But of this we do not complain - we have weighter grievances, to which we desire to call your attention. The friends of law and order, religion and temperance, have formed a foul plot for the purpose of abating our business and wiping it out from the face of the earth. They are even now petitioning your honorable body to PROHIBIT the traffic in intoxicating drinks. Our present wrongs are serious enough, but nothing to compare with the total extinction with which we are threatened. We are now compelled to pay for a license - and if we happen to be caught selling to a minor, we are liable to be fined for it. The Government seems to forget that to us it owes the filling of its prisons, the building of its scaffolds, and four-fifths of all the crime, misery and want that, exist in our State. If our services to the public were duly appreciated, we should find ourselves he favorites of the law instead of being required to pay a license fee.
But all our other wrongs are lost sight of when we see looming up in the distance, but rapidly approaching, the awful form of PROHIBITION. Save us, we most humbly pray, from its destroying power, and in return for your kindness, we will go forth to our work of death with new vigor and energy. We will, it may be, even carry the destroyer into your own families, and you may live to reap the fruits of your action in the ruin and death of near and dear friends if you shall grant this, our humble request.
MANY RUMSELLERS.
Mr. OYLER made an ineffectual motion to reject the petition - yeas 7, nays 27.
Mr. REAGAN made an ineffectual motion to refer it to the Committee on Rights and Privileges.
On motion by Mr. MILLIGAN, it was referred to the Committee on Temperance.
Mr. BONHAM presented a similar petition. He said it was gotten up for the purpose of calling the attention of Senators to the extreme manner in which intemperance is disgracing our land.
It took the same reference, without reading.
TEMPERANCE PETITIONS.
The PRESIDENT laid before the Senate several petitions from Decatur and Johnson counties for the passage of a prohibitory law, which, without reading, were referred to the Committee on Temperance.
Mr. KINLEY presented a petition signed by 4,000 inhabitants of Wayne county onthe same subject, which was read and referred to the same Committee.
THE COMMON SCHOOL LAW.
Mr. RICHMOND presented a communication with reference to the school law which, without reading, was referred to the Committee on Education.
Mr. KINLEY, from the Committee on Education, returned Mr. Bellamy's bill [S. 52] to repeal an act amending section 35 of the Common School law, approved December 20, 1865, recommending that it be laid on the table. The committee (he said) are making a general revision of the school law, and have agreed to include the provisions of this bill, in a future report.
Mr. BELLAMY could not see the consistency of that action, and opposed concurrence.
The report was concurred in.
Mr. KINLEY, from same Committee, returned his bill [S. 111] authorizing trustees and Common Councils to levy taxes for school purposes.
The report was concurred in.
CONGRESSIONAL APPORTIONMENT.
Mr. BENNETT, from the Committee on Congressional Apportionment, returned his bill [S. No. 1], Mr. Kinley's [S 25], Mr. Mason's [S. 27], and Mr. Oyler's [S. 57], for acts apportioning the State into Congressional Districts, recommending that the bill [S. No. 1] be amended by striking therefrom all after section 2 and substituting the following:
SEC. 3. The counties of Posey, Vanderburg, Warrick, Spencer, Perry, Pike, Gibson, Knox and Daviess, shall constitute the first district.
SEC. 4. The counties of Dubois. Crawford Harrison, Floyd, Clark, Scott, Washington, Orange, Martin and Jackson, shall constitute the second district.
SEC. 5. The counties of Jefferson, Switzerland, Ohio, Dearborn, Ripley. Jennings, Bartholomew and Decatur, shall constitute the third district.
SEC. 6. The counties of Shelby, Rush, Franklin, Union, Fayette, Wayne, Henry, and Hancock shall constitute the fourth district.
SEC. 7. The counties of Brown, Morgan, Johnson, Marion, Hendricks and Putnam shall constitute the fifth district.
SEC. 8. The counties of Sullivan, Greene, Lawrence, Monroe, Owen, Clay, Vigo, Parke, and Vermillion shall constitute the sixth district.
SEC. 9. The counties of Fountain, Montgomery, Boone, Clinton, Tippecanoe, Warren, Benton and Carroll, shall constitute the Seventh District.
SEC. 10. That the counties of Hamilton, Madison, Grant, Tipton, Howard, Miami and Cass shall constitute the Eighth District.
SEC. 11. The counties of Delaware, Randolph, Jay, Blackford, Wells, Adams, Allen, Huntington and Wabash, shall constitute the Ninth District.
SEC, 12. The counties of Kosciosko, Whitley, Noble, DeKalb, Steuben, Lagrange and Elkhart, shall constitute the Tenth District.
SEC. 13. The counties of White, Newton, Jasper, Pulaski, Fulton, Marshall, Starke, St. Joseph, Laporte, Porter and Lake, shall constitute the Eleventh District.
page: 141[View Page 141]Mr. BENNETT moved that the bill, report and amendment be made the special order for Tuesday next at 2 1/2 o'clock.
It was so ordered.
Mr. MASON, on behalf of the minority of the Committee, asked for time till Tuesday to submit a minority report.
It was so ordered.
JUDICIAL CIRCUITS.
Mr. RICHMOND, from the Select Committee thereon, returned his bill [S. 39,] creating the 14th Judicial Circuit, with an amendment striking out "14th" and insert "17th" in lieu.
Mr. OYLER believed this one of those entering wedges to saddle on the people of the State a half dozen more Circuit Judges, but postponed further remarks in opposition till the bill should come up on its second reading.
Mr. RICHMOND explained that there was a similar bill in the other end of the capitol, and the change in this bill was made to correspond with that.
The report was concurred in.
Mr. BONHAM, from the same Committee, returned his 7th judicial circuit court bill [S. 42] with an amendment striking therefrom "Blackford county," and inserting "Grant county" in lieu, &c.
The report was concurred in.
Mr. RICHMOND, from the same committee, returned his 13th Judicial Circuit Court bill [S. 40] with an amendment including "Blackford County," &c.
The report was concurred in.
LETTER HEAD WRITING PAPER.
Mr. CULLEN submitted a resolution, which was adopted, that the Librarian procure for each Senator, in addition to the amount of stationery already voted, a half ream of letter paper with lithographed heading, for the use of members of the General Assembly.
STATIONERY AND POSTAGE STAMPS.
Mr. BONHAM submitted a resolution that each Assistant Doorkeeper be allowed $6 worth of stationery and $3 worth of postage stamps, and that each Assistant Clerk be allowed $3 worth of postage stamps.
On motion by Mr. HANNA, it was referred to a select committee of three, the President makes to consist of Messrs Hanna, Bonham and Oyler.
JUDGES' SALARIES.
The PRESIDENT announced the special order for this hour, viz: Mr. Bennett's bill [S. 84] for increase of salaries of Circuit and Common Pleas Judges.
Mr. BENNETT was not disposed to press the consideration of this subject to-day, and moved that it be made the special order tor Tuesday week at 2 o'clock P. M.
The motion was agreed to.
A REGISTRY LAW.
Mr. RICHMOND, from the Committe on Elections, returned Mr. Thompson's registry bill [S. 2] recommending an amendment striking all after the enactment clause and inserting new matter. Because it was a lengthy bill, he moved that it lie on the table without reading; and that 300 copies thereof be printed200 for the use of the House, and 100 for the use of the Senate.
BILLS ON THE FINAL READING.
On the motion of Mr. CULLEN, the order of business was suspended, and the Senate proceeded to the consideration of' bills on the third reading.
COLORED WITNESSES.
Mr. BENNETT'S bill [S. 29] defining who shall be competent witnesses in any court of judicial proceedings in this State without distinction of color or blood - coming up in regular order, it was read the third time, and finally passed the Senate by yeas 26, nays 15 - as follows:
YEAS - Messrs. Bellamy, Bennett, Bonham, Brown, Cason,Church, Cravens, Cullen, Houghton, Johnson, Kinley, Milligan, Niles, Oyler, Parrish, Reagan, Reynolds, Rice, Richmond, Robinson, Stein, Terry, Thompson, Ward, Wolcott and Mr. President - 26.
NAYS - Messrs. Barker, Carson, Gifford. Hanna, Huey, Humphreys, Lee, Mason, Newlin, Sherrod, Smith, Staggs, Taggart, Turner and Vawter - 15.
PROTECTION OF FISH.
Mr. Reagan's bill, [S. 30] making it unlawful to trap, net or seine fish for the next two years, and thereafter, between the first days of May and September in each year, coming up in order, it was read the third time.
Mr. CULLEN moved to recommit the bill with instruction to strike out the two years clause.
Mr. CRAVENS. It is customary for persons from other States where they are prohibited from destroying fish, to flock here and take them in such quantities as to use them for fertilizers of the soil; and this is done probably as much in the winter season as in the summer. This bill should not be recommitted unless the Committee shall be instructed to substitute "five years" for "two years."
Mr. REAGAN introduced this bill and made the time of the prohibition to commence on the first day of March in each year; but it has since been amended by inserting "May" instead of "March." Fish need more protection from the first of March till the first of May than any other time during the year, for it is at that season they ascend the streams in shoals, and traps are thrown across the rivers, and by that means the increase of fish for the ensuing year is effectually cut off.
page: 142[View Page 142]Mr. CULLEN, after these explanations, withdrew his motion.
Mr. CHURCH favored the bill.
Mr. KINLEY moved to recommit the bill with instructions to strike out the provision requiring half the fine to be paid to the informer.
Mr. CRAVENS hoped the amendment would be made now by unanimous consent. The Supreme Court has passed upon that question, and the whole will pass to the credit of the Common School fund.
It was so ordered without objection.
The bill, as thus amended, failed to pass for want of a constitutional majority - yeas 25, nays 14.
CAPIAS AD SATISFACIENDUM.
Mr. Rice's bill [S 32] to provide for issuing capias ad satis faciendum when in actions for replevin of personal property defendant shall fraudulently conceal, remove, transfer, withhold or refuse to deliver said property, and providing the manner of proceeding to obtain said writ in certain cases therein specified, coming up in order, it was read the third time.
Mr. RICE explained its provisions.
It was finally passed by yeas 36, nays 2.
JUSTICES' AND OTHER FEES.
Mr, Bennett's bill [S. 38] to increase the fees of Constables, Justices of the Peace, Jurors, Witnesses, and County Commissioners; coming up it was read the third time.
Mr. CULLEN objected to the increase of any fees named in the bill except those of Justices of the Peace, Constables and County Commissioners.
Mr. BENNETT. That was the principal object of the bill, but he attempted to show that the bill should pass as it now stands. It is an exact copy of a bill passed by the Senate last session, but which was never reached by the House. He proposed that the bill be voted upon as it is, and if it should fail, then amend it, by unanimous consent, as proposed by the Senator from Rush, and again put it upon its passage.
Mr. LEE desired to vote for an increase of some of these fees; did not understand the bill, and hoped it would be printed.
Mr. CARSON was not in favor of paying men any more for their labor than it is worth. No complaint is made for lack of candidates for these offices, even at the they now receive; and before increasing these fees, we should first consider whether we can pay our present debts. The people are already burthened almost beyond what they are able to bear. The large delinquent lists in the several counties are convincing proof that we are not a very rich people; and he desired to look to economy, to the end that the people may be relieved from the burdens already weighing so heavily upon them.
Mr. HANNA, to meet the views of the Senator from Bartholomew, [Mr. Lee] moved that the bill be printed, and its further consideration postponed till Thursday next.
Mr. OYLER demanded a division of the question.
Mr. BENNETT insisted upon the vote being taken at once, and moved to lay the motion on the table.
This motion was agreed to.
Mr. BROWN opposed the raising of witnesses' and jurors' fees to the extent proposed in this bill; he was willing to increase fees in some of the cases, but as the bill now stands he could not vote for it.
The bill was rejected - yeas 13, nays 25.
Mr. BENNETT moved to reconsider the vote just taken, that the bill may be amended, by consent, so as to exclude all in relation to the fees of juries and witnesses.
Mr. HANNA made an ineffectual motion - yeas 15, nays 22 - to lay the motion to reconsider on the table.
The motion to reconsider was agreed to.
Mr. BENNETT asked and obtained unanimous consent to strike out all in the bill except that part relating to Justices, ou Cstables and County Commissioners.
The bill was then finally passed by yeas 26, nays 12.
LEAVES OF ABSENCE.
Mr. SHERROD obtained leave of absence for Mr. Huey.
Mr. CHURCH obtained leave of absence for Mr. Vawter and for Mr. Rice, for next week.
Mr. MASON obtained leave of absence for Mr. Sherrod till Thursday.
Mr. RICE obtained leave of absence for Mr. Noyes till Tuesday.
Mr. SMITH obtained leave of absence for Mr. Humphrey.
Mr. OYLER obtained leave of absence for Mr. Terry till Tuesday.
Mr. ENGLISH obtained leave of absence for himself till Wednesday.
Mr, NILES obtained leave of absence for himself till Tuesday.
OFFICES FOR STATE OFFICERS.
Mr. VAWTER offered a resolution directing the special Committee on that subject, to ascertain and report before Tuesday, upon what terms as to time and price the Gallup and Miller buildings, or other suitable building for the State can be purchased by the State.
Mr. OYLER desired to amend by instructing the Committee to inquire upon what terms the building now occupied by the State offices, can be rented.
The amendment was agreed to.(?)
page: 143[View Page 143]The resolution was adopted.
Subsequently -
Mr. HANNA offered a resolution, which was adopted, further instructing the Committee to inquire whether the building now occupied by the State offices is not held by a lease of one or more years from this date.
COURT SHERIFF'S SALARY.
Mr Richmond's bill [S. 36] providing for Edition, by way of salary, of $1,200 to th efees of the Sheriff of the Supreme Court,coming up in order, it was read the third time.
Mr. BELLAMY asked, but failed to obtain unanimous consent, to strike from the bill "$1,200" and insert "$1,000."
Mr. OYLER stated that the Sheriff's fees for the last two years amounted to about three hundred dollars only, but the Supreme Judges have been in the habit of making him allowances from time to time, recognizing the fact that the laborer is worthy of his hire. He did not know of a more meritorious case.
Mr. CARSON held that the Supreme Court had ample power to allow their Sheriff sufficient compensation.
Mr. RICHMOND regarded this bill as one of the most meritorious before this body; for no man can live on the fees allowed this officer by the laws.
Mr. CARSON moved to postpone the further consideration of this bill till Tuesday at 4 o'clock P. M.
On motion of Mr. BONHAM, the motion to postpone was laid on the table.
The bill then failed to pass for want of a constitutional majority - yeas 20, nays 15.
Mr. Hyatt's bill [S. 38] amending section 20 of the Supervisor's act, approved January 20, 1865, coming up, it was read the third time, and laid on the table till the author shall appear in his seat.
ASSESSOR'S LISTS.
Mr. Parrish's bill [S. 58] requiring assessors to return their lists on the second Monday in April of each year, and board of equalization to meet on the same day, coming up in regular order, it was read the third time.
Mr. PARRISH explained its provisions as above, and gave reasons for the proposed change.
The bill was passed by yeas 29, nays 8.
RECESS TILL MONDAY.
On motion of Mr. BROWN, it was -
Resolved, That when the Senate adjourns it adjourn till Monday at 2 o'clock P. M
COUNTY ROADS.
Mr. Parrish's bill [S. 43] to amend section 15 of the act providing for the opening, vacation and change of highways, approved June 17, 1852, was read the third time.
Mr. BENNETT explained that the bill proposed to apply the same provisions to roads running in one county as is now the law for roads running in two counties, as far as the facts set forth in the petition are concerned.
The bill passed by yeas 33, nays 1.
Mr. Jacquess' bill [S. 62] amending sections 49 and 148 of the act providing for the settlement of decedents' estates coming up in order it was read the third time.
On motion by Mr. CULLEN, it was laid on the table till the author shall return.
CITY TAXES.
Mr. Milligan's bill [S. 70] amending section 57 of the city incorporation act of December 20, 1865, coming up, it was read the third time.
Mr. NILES asked but failed to obtain unanimous consent to amend the bill by providing that the will of three-fourths instead of a majority of freeholders shall be prerequisite to authorize the council to contract a debt, &c.
Mr. CRAVENS. The law now requires "three-fourths," and one of the provisions changes that to "a majority." The law does not authorize donations to be made, but this bill proposes that a majority shall have the privilege of making donations for improvements instead of subscribing to the stock of companies. Another provision of the bill is that after a majority of the people have petitioned the council to tax their property if the council happens to be obstinate or contumacious, then the majority or the president of any company to whom they desire to make the donation, shall have the power to make application to the courts to carry out their object. The bill simply caries out the idea of popular sovereignty.
Mr. NILES moved to recommit the bill to the Committee on Corporations, with instructions to amend by appropriately inserting these words: "or unless the same be completed within three years from the date of said petition."
Mr. RICHMOND believing that there was not a quorum present, and that there was no use in hearing the argument now when we can not vote on the bill, suggested that the further consideration of the subject be postponed.
Mr. NILES desired very much to be present when this bill shall be considered, but was compelled to leave the city till next Tuesday. He would like to have it understood that the bill shall not be taken up before Tuesday.
Mr. CRAVENS was willing to make it the special order for Tuesday.
It was so ordered.
LETTER HEAD WRITING PAPER.
Mr. OYLER called the attention of the page: 144[View Page 144] Senate to the resolution adopted this afternoon authorizing the Librarian to furnish each Senator with half a ream of this letter paper with emblazoned head. He would like to have one quire, and thought that would be enough, for this paper will be useless to us after our duties are closed in this Senate Chamber. He appealed to any Senator voting for the resolution to move a a reconsideration of the vote.
Mr. CULLEN believed he presented the resolution. It was drawn up by somebody and handed to him. He moved a reconsideration of the vote adopting it.
The motion was agreed to.
r. OYLER proposed to amend, but was interrupted by -
Mr. CULLEN, who asked and obtained leave to withdraw the resolution. Let the Senator from Johnson [Mr. Oyler] now father the proposition.
Mr. OYLER had no desire to father resolutions of this character, and he withheld his amendment.
And then the Senate adjourned.
