IN SENATE.
MONDAY, February 4, 1867.The Senate met at 2 o'clock, P. M.
On motion by Mr. OYLER, the reading of the journal of Friday was dispensed with.
RELIEF OF SOLDIER'S FAMILIES.
The PRESIDENT laid before the Senatea communication from the Governor in answer to a resolution adopted on the 23d ultimo, in relation to the expenditure of funds under the act for the relief of soldiers' families, and the amount still on hand, which shows that the total amount paid in is$84,705 75, of which Governor Morton disbursed $57,577 77, leaving a balance on hand of $27,127 98. It would take some time to make out an itemized statement, and if the Senate requires it, the fact should be made known to his Excellency without delay.
Mr. OYLER. I believe I offered the resolution that calls forth that response. As far as I am concerned, this statement, I think, is all that is necessary. I never had any doubt but that the fund had been properly managed. I was anxious to know what surplus there was on hand, so that the General Assembly might appropriate the balance for the benefit of the Soldiers' Home.
On motion by Mr. CRAVENS, the communication was referred to the Committee on Finance.
BOLTING BILL.
The PRESIDENT announced the consideration of the special order, the bill [H. R. 42] to prevent the breaking of a quorum in the General Assembly, and providing punishment therefor, - the question being on concurrence in the report of the majority of the Committee on the Judiciary.
Mr. CRAVENS. I was going to suggest, as the Senate is not full, that we had better, perhaps, by unanimous consent, pass over the special order for the present. It can be called up after a while, if the Senate shall be full enough.
Mr. GIFFORD. I move to amend that motion by providing that it be made the special order for the 9th day of March at 2 o'clock p. M.
This motion was rejected.
The PRESIDENT. Will the Senator consent to pass over the special order informally till we have a fuller Senate ?
It was so ordered.
Mr. THOMPSON. I had supposed there was not much use for that bolting bill, but if all is true that is reported in the Senate Chamber and on the streets, it is an unfortunate thing that it was not passed long ago.
Mr. GIFFORD. I call the Senate to order. There is nothing before the House.
PETITIONS AND MEMORIALS.
Mr. BONHAM presented petitions, which were referred to the Committee on Temperance without reading.
Mr. KINLEY presented a petition from citizens of Boone county in favor of colored children enjoying the benefit of common schools the same as the whites. It was referred to the Committee on Education.
The PRESIDENT laid before the Senate a petition from citizens of Decatur county, praying for a law to prohibit the sale of intoxicating liquors as a beverage, except upon petition of a majority of the legal voters in the township, town or ward. It was referred to the Committee on Temperance.
Mr. WARD presented a petition, which, without reading, was referred to the Committee on Temperance.
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. THOMPSON, [S. 143] to amend an Act for the incorporation of high schools, academies, colleges, universities, theological and missionary boards, approved February 28, 1855. [Amending section 1 by striking out the proviso that no such institution shall hold more than $40,000 in real estate, nor shall the capital stock of any such association exceed $100,000.] It was referred to the Committee on Education.
By Mr. ROBINSON, [S. 144] to provide for impartially impannelling of juries in certain cases. It was referred to the Committee on Organization of Courts.
By Mr. CARSON, [S. 145] to amend section 1 of an act to provide a State Debt Sinking Fund, for the payment of the principal and interest of the five and two-and-a-half per cent, stocks of the State, &c., approved December 21, 1865. It was referred to the Committee on Finance.By Mr. CARSON, [S. 146] to amend section 1 of an act to provide for a general system of common schools, approved March 6, 1865. [Decreasing the tax for the support of common schools from sixteen to ten cents on the $100 of taxable personal property.] It was referred to the Committee on Education.
By Mr. CHURCH, [S. 147] amending the 5th and 11th sections and repealing the 7th section of the Divorce act, approved May 13,1852, so as to require a residence of five years, before hearing petitions for divorce in all cases where the grievances complained of were committed outside of the State, and where the parties did not last live as husband and wife in this State; requiring also abandonment for two years, and a period of two years of habitual drunkenness, and two years' failure to provide, instead of one year in each case, as now provided. Also, amending section 11 of said act, so as to require the petitioner to make and file his or her affidavit stating therein where the parties last lived and cohabited together as husband and wife, where the defendant resides at the time of making the affidavit, and also where the defend- page: 154[View Page 154] ant resided when last heard from by petitioner, and if the residence of the defendant be unknown, the affidavit is to so state. Also repealing the 7th clause of the 7th section of the Divorce Act, so that it shall not be lawful for the lodge or jury trying a divorce case to grant a divorce ''for any other cause which the judge or jury" may think sufficient.
By Mr. REYNOLDS, [S. 148] to amend an act to incorporate the Grape Vine Marsh Plank Road Company, approved February 12,1851. [So that for one mile and three-fourths the toll may be for every sled, sleigh, carriage, or other vehicle, drawn by one animal, eight cents ; and every animal in addition thereto, four cents ; for any horse and rider, five cents: for a led horse, four cents ; for any score of sheep or swine, ten cents ; for any score of neat cattle, mules or asses, twenty cents.] It was referred to the Committee on Corporations, with an accompanying petition.
By Mr. CASON, [8. 149] to amend section second of an act for the incorporation of manufacturing and mining companies, for mechanical, chemical and building purposes, approved May 20, 1852, by providing that any companies which may have been, or shall be hereafter incorporated in this State for any of the purposes contemplated in said act, with a limitation of the amount or location of their real estate, may take, have and convey any amount of real estate which may be necessary to carry on the operations of said company, whether such real estate be situate in the State or elsewhere, and declaring certain conveyances valid. It was referred to the Committee on Corporations.
By Mr. CRAVENS, in compliance with a request, [S. 160] to amend section 14 of an act concerning promissory notes and bills of exchange, approved May 12, 1852. [So it shall read: "On all bills of exchange, payable within the State, whether foreign or inland bills, except bills made payable without grace and checks upon banks, three days grace shall be allowed ] It was referred to the Committee on the Judiciary.
By Mr. TURNER, [S. 151] to amend section 11 of an act touching the relation of guardians and wards, approved June 9, 1852, and regulating suits on hands of guardians removing from the State. It was referred to the Committee on the Judiciary.
By Mr. ROBINSON, [S. 152] to legalize and make valid certain county bonds, and to provide for the payment of the same. (All county bonds of the denomination of $1,000, dated April 3d, 1865, due in one year, bearing six per cent. interest, issued for the purpose of paying bounty.] It was referred to the Judiciary Committee.
By Mr. WOLCOTT, [S. 153] to provide for the incorporation of religious societies, and defining their powers. [Any church or congregation may be incorporated; the Bishop may appoint two laymen, or the pastor of the church and one lay-man, and with them may elect the title or name by which they and their successors shall be known and distinguished as a body corporate, &c.] It was referred to the Committee on Corporations.
BOLTING BILL.
Mr. OYLER. I move to take up the special order. I see the Senator from Floyd [Mr. Howk] is here.
Mr HOWK. I have been requested by the Senator from Vigo [Mr. Hanna] to ask for the postponement of the special order, on account of his ill health. He is confined to his room, and would like to have it postponed for one week, if it meets with the approval of the Senate. It makes no difference to me, but there is not a full Senate here now, and I doubt whether there is a quorum. I move that it be postponed, and made the special order for this day week, at 2 o'clock.
Mr. OYLER. Does the Senator from Floyd feel himself authorized to say, as far as his political friends are concerned, that there will be a full representation of them on a week from to-day?
Mr. HOWK. As far as I know, there will be, sir. I will say I will be here.
Mr. OYLER. I am opposed to this postponement. For, as far as I see, no good can result from it. This bill has been here long enough. It has been postponed to gratify the Democratic side of the Chamber. It was postponed till to-day, in order that the Senator from Floyd might make a minority report on this bill; and he asserted that he would be ready. Even if I were to vote for the postponement, I would insist that we would do wrong to postpone the bill until that report is made. It may be that the difference between the majority and minority reports will be so slight that a suitable compromise may be made. By postponing, without a report, we will be no nearer a decision than we are now. There are a great many rumors afloat through Indianapolis; and, while I am not in the habit of giving credit to rumor, from the appearance of this Senate Chamber, my suspicions have been strengthened in that direction. I am anxious to know about it. To speak plain: if any Senator or Representative in this General Assembly is going to "bolt," either directly or indirectly - if he intends to go-I think it is better for him not to "stand upon the order of his going," but go at once. I am in favor of settling this question-of disposing of it. Personally, I care very little about this bolting bill. I have my own opinions about it. It is a bill I never would have introduced; but it is a bill that I expect to vote for at the proper time, and a bill that is likely to pass. And if our Democratic friends are disposed to leave us alone in our glory, or in trouble and misery, the sooner we know it the better, hope the motion will not prevail.
Mr. CRAVENS. The reason for informality passing over this matter is as manifest now as it was then; and that is, that there is no quorum present. But as long as our journal does not show that there is no quorum, we can go along with the business that it is competent for us to transact. I do not think that motion is in order, after the Senate has decided to pass over the subject informally. The only way will be to re-consider the action already had. When that bill comes up, I hope there will be a full Senate, - that every Republican and Union man, and every Democrat will be present.
page: 155[View Page 155]Mr. OYLER. I am satisfied, with all due deference tot he Senator from Jefferson, that I am right and he is wrong this time. Because it was supposed that we have no quorum, the subject was informally passed over. But I suppose we have a quorum now; and it is competent to call it up.
Mr. CRAVENS. The moment that bill is called up, you can not avoid an aye and no vote, and will develope upon the journal the fact, that we have no quorum. And then we will have to stop action-the reading of bills or anything else.
Mr. OYLER. I withdraw my motion.
INDIANA TERRITORIAL DEBATES.
The concurrent resolution from the House of Representatives, reciting that Henry C. Cawther, Esq., of Vincennes, is owner of complete files of the Western Sun newspaper, for the years 1807, 1808, 1809 and 1810, containing the debates and laws of the Indiana Territorial Legislatures for those years, and authorizing the State Librarian to negotiate for the purchase of said files of newspapers, and report to the General Assembly, &c., coming up -
It was concurred in by consent.
LEAVES OF ABSENCE.
Mr. WARD obtained leave of absence for Mr. Bellamys - sick in his room.
Mr. RICHMOND asked and obtained leave of absence for Mr. Hanna, detained in his room by sickness.
POWERS OF CITIES.
Mr. Carson's bill [S. 37] for the incorporation of cities in this State, coming up in regular order, it was read the second time, with committee amendments thereto.
Mr. CARSON was understood to say that the bill makes it necessary for three-fourths of the tax payers to petition therefor before the Common Council of a city shall be authorized to contract any debt or liability. The second committee amendment changes that provision from "three fourths" to "a majority." On mature consideration, his judgment was that the original bill is the best. He therefore moved that the second committee amendment be rejected.
Mr. CULLEN. On Friday there was an amendment similar to this one which was then considered and passed over without a decision. Would it not be better to pass this one over also for the present? He favored the proposition of the Senator.
Mr. CARSON. That bill had reference to free holders and this to tax payers. There is quite a difference.
Mr. CRAVENS hoped no action on thismatter would be taken now, for it would complicate affairs. This bill should be the Special order for the same hour with the other bill proposing to amend a similar section, which is the order tor tomorrow at 2 1/2 o'clock P. M. He made that motion.
It was agreed to.
CIRCUIT COURT DISTRICTS.
Mr. Richmond's 17th Judicial Circuit Court bill [S. 39] and his 13th Judicial Circuit Court bill [S. 40] coming up in order, they were severally read the second time.
Mr. OYLER. The Senator from Howard [Mr. Richmond] and myself have come to an understanding, owing to the peculiar circumstances of the case, that any objections I have to his bill shall be heard and considered on the third reading. I make this statement in order that it shall be so understood by the Senate.
These bills were ordered engrossed for the third reading.
Mr. Bonham's 7th Judicial Circuit Court bill [S. 42] was read the second time and ordered engrossed.
THE CALENDAR.
Mr. Carson's bill [S. 53] authorizing County Boards in certain counties containing over thirty thousand inhabitants to meet on the first Monday of every month, and sit five days at a session, but not more than sixty days in a year, was read the second time and ordered engrossed for the third reading.
Mr. Carson's bill [S. 61] requiring Supervisors to make their annual report on the last Saturday in February in each year, was read the second time and ordered engrossed.
Mr. Stein's bill [S. 63] repealing all statutes in conflict with the decision of the Supreme Court in the case of Langdon vs. Applegate et alias, being read the second time-
Mr. STEIN said, the object of the bill is to put in force a decision of the Supreme Court which declares all professedly amendatory acts unconstitutional that do not set forth the clause of the law which it purports to amend.
The bill was ordered engrossed.
Mr. Reynold's bill [S. 95] amending section 20 of the supervisor's act, by providing that the road tax shall not be less than one nor more than 25c on the $100 of taxables, nor less than two or more than five cents on each acre, was read the second time, and ordered engrossed.
Mr. Mason's bill [S. 96] amending section 716 of the habeas corpus act, was read the second time and ordered engrossed.
Mr. Niles' bill [S. 97] designating certain holidays, printed in the proceedings of January 25, on page 105 of the RREVIER LEGISLATIVE REPORTS, was read the second time and ordered engrossed.
Mr. Thompson's bill [S. 103] to prevent the injury or destroying of insured prop- page: 156[View Page 156] erty, or making false proofs thereof, being read the second time -
Mr. CARSON moved to strike out the emergency clause.
Mr. OYLER. I move to amend the motion of the Senator from Allen by moving a recommitment to the Judiciary Committee. I am very much astonished that a committee with the learning and ability of the Judiciary Committee of this Senate should return a bill in this condition and recommend its passage. If it were to pass the Senate and the House as it passed the Judiciary Committee, it would amount to nothing when it had passed. There is no enacting elause to the bill. I am very sorry that the Senator from Laporte, and the Senator from Tippecanoe, and the Senator from Union, and the Senator from Floyd, and those other illustrious Senators who preside over the destinies of the laws of the great State of Indiana, are not now in their seats.
Mr. CULLEN. I don't want to see this bill recommitted, and I would like to hear the speech of the Senator from Johnson [Mr. Oyler] made when the Senators he refers to are here. So I will move to lay the bill and amendments on the table.
Mr. CARSON withdrew his amendment.
Mr. OYLER withdrew his motion.
Mr. THOMPSON hoped the motion would not prevail. He thought there was a pressing emergency for the passage of this bill at an early day.
The motion to lay on the table was then agreed to.
Mr. Carson's bill [S. 105] to authorize the holding of Criminal Circuit Courts in all counties having 8,000 voters, coming up in order, it was read the second time.
Mr. CARSON. Crime is on the increase very rapidly. Travelers passing through our large towns are rubbed, and, living out of the State, by the time the Circuit Court meets they do not appear - the criminal will file an affidavit for continuance, and thus eventually escape justice.
Mr. STEIN moved to amend the bill by striking out "8,000," and inserting in lieu "5,000"
Mr. CARSON. The bill is obligatory in its provisions, and the amendment would create a Criminal Court in almost every county in the State. Eight thousand, for the present, at least, is a number small enough. He hoped the amendment would be voted down.
Mr. CULLEN. This bill is simply a re-enactment of the law passed last winter except a change as regards population. With that law the people seem to be very well satisfied. If the amendment was adopted he should vote against the bill. It was not good policy to fasten a new court upon people of almost every county in the State. It were better to lessen than increase the number of courts. He desired to give the Senator from Allen, up there at Fort Wayne, a criminal court; he thought they needed one and was willing to give them the benefit of it.
The amendment was rejected.
Mr. STEIN moved to strike out "8,000" and insert "7,000." They were exceedingly anxious to have a court of this kind in Lafayette, and by the adoption of this amendment Tippecanoe county would come under the provisions of the bill.
The amendment was agreed to, upon a division.
The bill was then ordered engrossed for the third reading.
Mr. Carson's bill [S. 109] amending section 5 of the common school law by providing for election of three school trustees in cities and towns at a salary not exceeding $50 each a year, was read the second time and ordered engrossed for the third reading.
[Mr. KINLEY, from the Committee on Education, had leave to return his bill [S. 114] amending numerous sections of the common school law, with a recommendation that it pass with other amendment; including colored children in its provisions, &c. As this is an important question be moved that 200 copies of the report of the committee be printed. It was laid on the table and the printing ordered.]
Mr. Kinley's bill [S. 111] authorizing trustees of towns and townships and common councils of cities to levy taxes for school purposes, coming up in order, it was read the second time and ordered engrossed for the third reading.
THE NATIONAL DEBT AND CURRENCY.
Mr. WOLCOTT obtained leave to submit a report from the special joint committee on the subject of the national debt and the national currency, stating that the question as to the policy which should maintain must be determined principally by reference the actions and opinions of the Secretary the Treasury of the United States; and therefore entering upon a review of the Secretary's late report.
Mr. STEIN moved that the reading of the report be dispensed with, and two hundred copies ordered printed for the use of the Senate and House of Representatives. It is a lengthy report, the subject has been well considered, and we should order least two hundred copies.
The motion was agreed to.
PROTECTION OF FURS.
Mr. CHURCH. A few days ago Senate bill 94, for the protection of fur bearing animals, was reported back from the Committee on Swamp Lands, with an page: 157[View Page 157] recommendation, and it was laid upon the table because of my absence. I move that the report be taken from the table and disposed of.
It was taken up, and the committee report recommending indefinite postponement read.
Mr. CHURCH. I hope the report of this committee will not be concurred in. I think the committee did not fully understand the magnitude of the subject. In the counties I represent here I presume there are taken annually $50,000 worth of furs, and the fur bearing animals are seriously interfered with out of season. I therefore ask that the bill be now referred to the Committee on Rights and Privileges, and with that end in view, I hope the report of the Committee on Swamp Lands will not be concurred in.
The Senate refused to concur in the report. The bill was then referred to the Committee on Rights and Privileges.
THE CALENDAR.
Mr. Niles' bill [S. 118] requiring Common Pleas Clerks to specify by separate items the fees and services for which they may demand payment of executors, administrators or guardians, coming up in order, it was read the second time and ordered to be engrossed for the third reading.
Mr. Thompson's bill [S. 119] releasing stockholders of street railroad companies from any further personal liability than stockholders in other railroads, was read the second time and ordered engrossed.
Mr. Niles' bill [S. 120] including deputies in the provisions of the 63d section of the misdemeaner act of June 14, 1852, and adding to the punishment disfranchisement and other penalties, was read the second time and ordered engrossed. Mr. Stein's bill [S. 131] amending section 784 of the general practice act of June 17, 1852, by striking out the amount of damages, was read the second time and ordered engrossed.
The files being clear -
The Senate adjourned.
