IN SENATE.
TUESDAY, February 5 , 1867.The Senate met at two o'clock P. M.
On motion by Mr. OYLER the reading of yesterday's journal was dispensed with.
page: 158[View Page 158]BOLTING BILL.
Mr STEIN. I move to take up the special order passed over informally on yesterday.
Mr. BENNETT. There is a special order for this hour - the report of the Committee on Congressional Apportionment. I move that the report and bills be re-committed, as it is the desire of some members of that committee to have a further look at them.
It was so ordered, without objection.
The motion to take up the special order, passed over informally on yesterday, was agreed to.
The question being on concurrence in the report of the majority of the Judiciary Committee recommending the passage of the bolting bill [H. R. 42] -
Mr. HOWK. I beg leave on the part of the minority of the committee to offer the following report:
It states that the minority of the Committee to which was referred the bill [H. R. 42] to prevent the breaking of a quorum in the General Assembly and prescribing punishment therefor, unable to agree with the majority of the committee, are opposed to the passage of the bill in question. They wish it to be distinctly understood that they do not favor or justify the practice of bolting - they condemn it as fully as the majority - but it is not a proper subject for legislation. They characterize the emergency clause as a direct personal insult to the minority as well as degrading to the Senate, and therefore recommend that the bill be indefinitely postponed. Signed, GEORGE V. HOWK, JAMES L. MASON and JAMES M. VAWTER.
Mr. MASON moved to lay the majority report on the table.
The yeas and nays were demanded, and being ordered and taken resulted - yeas 24, nays 8 - no quorum voting.
Mr. BENNETT demanded a call of the Senate, which being had, the Secretary reported 33 members present.
On motion by Mr. CULLEN the absentees were sent for.
Mr OYLER asked leave to make two reports from the Committee on Organization of Courts.
Mr. CRAVENS would like to hear the reports, but while the record shows we have no quorum, we are not competent to transact even that business.
Mr. OYLER proposed that the reports be placed upon the record after a quorum shall appear. He did not propose to have them go upon the record at this time.
The PRESIDENT. If there is no objections the reports will be received.
Mr. OYLER, from the Committee on Organization of Courts, returned his bill [S. 80] for the organization of Circuit Courts, with an amendment providing that on the first day of January, 1868, all civil and criminal business in the Common Pleas Court shall be transferred to the Circuit Courts. [The other report was not read ]
On motion by Mr. OYLER, the reports were laid on the table and 300 copies ordered printed.
Mr. RICHMOND asked and obtained leave of absence for Mr. HANNA, still confined to his room by sickness.
On the motion of Mr. OYLER, the roll was again called and thirty-five Senators answered to their names.
On motion by Mr. BENNETT, further proceedings under the call of the Senate were dispensed with.
The PRESIDENT. The question recurs on the motion to lay the majority report on the table.
The motion was rejected - yeas 11, nays 24 as follows:
YEAS - Messrs. Barker, Carson, Gifford, Howk, Humphreys, Lee, Mason, Smith, Staggs, Taggart and Turner - 11.
NAYS - Messrs. Bellamy, Bennett, Bonham, Cason, Church, Cravens, Cullen, Hyatt, Jaquess. Johnson, Kinley, Milligan, Niles, Oyler, Parrish, Reagan, Reynolds, Richmond, Robinson, Stein, Thompson, Ward, Wolcott and Mr. President - 24.
The majority report was concurred in without a division.
Mr. STEIN moved that the bill be read the second time now.
The Secretary read the bill.
Mr. STEIN moved that the bill be made the special order for to-morrow at 2 o'clock.
Mr. CULLEN. I desire to offer an amendment to that bill, as it is on the second reading now. He moved to strikeout the words "Marion Criminal Court," and substitute words making the offender amendable to the courts in his district. He said: This amendment will obviate an objection to the bill. It will leave the bill just as it is, but the offender will be tried in the Circuit Court of the county in which he resides. I do not think that part of this bill is right. I do not believe that a court in Marion county, ought to have exclusive original jurisdiction of this kind. I move to refer the bill, with the amendment, to the Committee on Rights and Privileges of the Inhabitants of this State.
Mr. BENNETT. Ought not the offense to be tried where it is committed ?
Mr. CULLEN. That is a question this committee may consider
On motion of Mr. STEIN this motion to refer was laid on the table by yeas 23, nays 13.
The question recurring on the motion make this bill the special order for to-morrow at 2 o'clock P. M.
Mr. MASON made an ineffectual motion - yeas 24, nays 12 - to lay this motion on the table.
Mr. OYLER demanded the previous question.
Twenty-one Senators seconding the de- page: 159[View Page 159] mand, under its operation the main question was ordered and put, and -
The motion to make the bill the special for to-morrow afternoon, at 2 o'clock, a division.
OFFICES FOR STATE OFFICERS.
The PRESIDENT announced the consideration of another special order for this hour, viz: the report of the joint committee on the subject of providing suitable rooms for the State offices.
Mr. CRAVENS hardly knew what course to pursue in this matter. There have been several resolutions adopted and referred tothe committee. They have received several propositions since making their report, but they have had no meeting. Inasmuch as the committee are not ready to make a full report in response to the resolutions subsequently passed, he moved that this subject be postponed and made the special order for Thursday at 3 o'clock P. M. The motion was agreed to.
PETITIONS AND MEMORIALS.
Mr. OYLER presented a petition praying for the enactment of a law providing for the destruction of hawks, similar to the law for the destruction of wolves, &c. Referred to the Committee on Rights and Privileges.
Mr. SMITH presented a burlesque petition signed "Many Rumsellers," exactly similar to the one printed in the Senate proceedings of Friday last, on pages 139 and 140 of the BREVIER LEGISLATIVE REPORTS; which was referred to the Committee on Temperance, without reading.
REPORTS FROM COMMITTEES.
Mr. JOHNSON, from the Committee on Corporations, returned Mr. Cason's bill [S. 149] allowing manufacturing, mining and other companies to hold any amount of real estate necessary to carry on their operations, recommending passage. The report was concurred in.
On motion of Mr. CASON, the bill was read the second time and ordered to be engrossed for the third reading.
Mr. WOOD, from the same committee, returned Mr. Howk's bill [S. 86] supplemental to the act of February 28, 1855, for the incorporation of high schools, &c., recommending its passage.
The report was concurred in.
Mr. CULLEN, from the same committee, returned Mr Howk's bill [S. 89] for the incorporation of steam packet companies, with an amendment, recommending its passage. The report was concurred in.
Mr. WOLCOTT, from the Committee on Finance, returned his joint resolution [S. 5] directing the burning of cancelled bills of broken and closed banks and the burning of unsized bills of free banks broken and closed, and of such banks as have given notice of their closing and for the destruction of the plates for printing the bills of such broken, closed and closing banks, recommending its passage. The report was concurred in.
Mr. OYLER from, the Committee on the organization of Courts of Justice, returned two bills, S. 144 and S. 129 [the titles were not read] recommending passage. The reports were concurred in.
SOLDIERS' HOME.
Mr. CULLEN offered a resolution requesting the Committee on Rights and Privileges to return to the Senate his bill [S. 4] to establish a Soldiers' Home. He said: This is one among the earliest bills introduced at the present session of the Legislature. There are about 89 or 90 disabled soldiers now at the Home and there is no provision made for taking care of them. I introduced this bill on the first or second day of the present session, and it has been in the hands of that Committee 24 or 25 days. It is an important bill and if there is to be established a Soldiers' Home by this Legislature, it is high time that bill or some other one was reported from that Committee. I have introduced once before a resolution of inquiry to find out what has become of it, and I am unwilling a bill of that importance shall be in the hands of a Committee for 27 days unacted upon. I hope this Senate will ask that Committee to return the bill.
Mr. PARRISH. By a resolution of the Senate, all that part of the Governor's Message having reference to a soldiers' home, and matters having reference thereto, were referred to the Committee on Military Affairs, and the reference of this bill to the Committee on Rights and Privileges was not treating the former committee with courtesy.
Mr. MILLIGAN conceded the fact that this is an important bill, and a bill in which the people of Indiana take a great interest. It is going to take a good deal of money to carry out its provisions, and it was being carefully considered. In connection with the Military Committee of the House, which has a similar bill in charge, the Senate Committee have made arrangements to visit the Home at Knightstown next Thursday; as it was thought best to make that visit before the bill was reported back. He hoped the resolution would be rejected.
Mr. BENNETT thought the Committee on Military Affairs the proper one for the custody of this bill.
Mr. MILLIGAN. This bill was referred to our Committee before the Governor's message was referred, and he hoped the Senate would let the bill remain where it is.
Mr. CHURCH contended that the bill was now in the hands of the appropriate Committee; and they have spent a good deal of time on it. The Senator from Laporte [Mr. Niles] is a member of the Committee, and he has been an officer of the Soldier's Home since its foundation. They are acting as fast as the House Military page: 160[View Page 160] Committee, and are acting in concert with them.
Mr. NILES asserted that the Committee on Rights and Privileges have not been derelict in this matter It is a bill of grave moment, involving a large expenditure, and is receiving, as it deserves, a careful consideration.
Mr. CULLEN. It may be that this Committee is moving quite as fast as the Committee in the House, but that simply shows that they are derelict also. If there is any measure calling upon the Senate to act and act promptly, this is one, and especially when a majority of that Committee have made loud and long protestations of devotion to the soldier and his family. Every dollar contributed by the loyal people of Indiana to keep up the Soldiers' Home, has been expended, and there is nothing now to keep it up. The Senate has by a vote decided that all these matters should go to the Committee on Military Affairs, and there is where the bill should have gone. He hoped the resolution would be adopted.
Mr. NILES did not rise for the purpose of insisting that the bill should be retained in the hands of the Committee on Rights and Privileges; he was perfectly willing that the reference should be changed, for he was anxious it should have the most careful attention and close scrutiny. He then recited circumstances connected with the framing of the new bill in preparation by the committee and now almost completed.
On motion of Mr. GIFFORD the resolution was laid on the table by yeas 23, nays 11.
Mr. CULLEN offered a resolution, which was adopted, that the Committee on Rights and Privileges be instructed to report back to the Senate as soon as possible the bill [S. 4] to establish a Soldiers' Home.
SUBSCRIPTIONS BY CITIES.
The PRESIDENT announced the special order for three o'clock, viz.: the bill [S. 70] amending section 57 of the City Incorporation act by authorizing cities and towns to subscribe for railroad stock, &c., the question being on the motion [Mr. Niles'] to recommit the bill, with instructions to amend by providing that subscriptions shall not be paid unless the road is completed within three years.
Mr. NILES. This is a bill authorizing and compelling Common Councils of cities, on petition of a majority of the free holders, to contract debts, make subscriptions, and incur other liabilities. It is presumed applications would be made chiefly in behalf of building railroads, for we all know how anxious the people of a city are to secure a line of railroad running through it.
He had a great dislike to having large debts hanging over our cities - it is an easy matter to incur a liability, but not so easy a matter to remove it. It was understood by many that the prohibition of the Constitution against counties making subscriptions for public improvements, extended to the cities and towns thereof;that the greater included the lesser;and that was certainly a fair construction. He then argued in favor of the adoption of his amendment. It is not prudent that a majority, by petition should force cities to incur such great liabilities, as is often the case, for we all know how easily petitions are gotten up. It is a high privilege to allow even two-thirds of a city to mortgage the property of a whole corporation.
Mr. CULLEN. The Committee on Corporations gave the amendment of this portion of the law careful consideration. He argued in favor of amending this 57th section of the present law by providing that a majority of the freeholders should be requisite on a petition for the incurring of debts and liabilities by cities; and replied to the arguments of the gentleman from Laporte against this amendment. This bill is carefully guarded, and no imposition can be palmed off on any city under its provisions.
Mr. CRAVENS was of opinion that the argument of the Senator from Laporte would apply more properly to the present law on the subject, than to the bill under consideration; and proceeded to cite reasons for holding that opinion. He admitted the bill was drawn for the purpose of operating on railroads, and insisted that its provisions were beneficial and imperatively demanded by the people of the State. He hoped the motion to recommit would not prevail. If the amendment would satisfy the Senator he would consent to it, but the Senator the other day gave notice that he should propose an amendment to require a petition of two-thirds, if this amendment should fail.
The motion to recommit was rejected.
Mr. CARSON, The principle of a majority in interest is the position occupied by some gentlemen, and two-thirds by others. Now a compromise might be affected by proposing a majority of the freeholders representing one-half of the realty of the city. He moved to recommit the bill with instructions to that effect.
The motion was rejected on a division - affirmative 13, negative 12. The vote upon the passage of the bill was reported yeas 25, nays 7no quorum voting.
Mr. CRAVENS demanded a call of Senate, and it being had the Secretary reported 33 members answering to names.
page: 161[View Page 161]On motion by Mr. OYLER, the Door-keeper was directed to bring in the absentees.
Several Senators appearing -
On motion by Mr. CRAVENS further proceedings under the call were dispensed with.
The bill was then finally passed the Senate by yeas 30, nays 5.
Mr. BELLAMY asked and obtained leave of absence for Mr. KINLEY till to-morrow.
Mr. OYLER moved to take from the table S. 103, to prevent the injury or destruction of insured property, with the Judiciary Committee's report thereon - it being made the special order for this afternoon.
Mr. OYLER repeated in substance, his marks of yesterday, referring to the oversight of the Judiciary Committee in returning this bill to the Senate without an enacting clause. He moved to recom[mi]t the bill with instructions to insert that clause.
The motion was agreed to.
On motion of Mr. CARSON, the committee amend merits to his bill [S. 37] for the incorporation of cities, made the special order for this afternoon, were taken up, the question being on his amendment to section 60 by striking out "three-fourths of resident tax payers," and insert in lieu "a majority of resident freeholders."
Mr C. urged the importance of the passage of his bill.
Mr. CRAVENS moved to amend the amendment by providing that the amendments to the bill [S. 70] just passed be incorporated in this bill.
Mr. CARSON accepted.
Mr. THOMPSON moved to re-commit the bill with instructions to make the city judge a salaried officer.
Mr. CARSON suggested that the amendment be accepted by the Senate.
Mr. THOMPSON, with that understanding, withheld his motion to re-commii.
On motion by Mr. CARSON the bill was then read the second time and ordered engrossed for the third reading.
Mr. MILLIGAN asked, but failed to obtain leave of absence for the Committee on Rights and Privileges of the Inhabitants of this State to visit the Soldiers' Home, near Knightstown, next Thursday.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:
By Mr. JAQUESS, [S. 154] to revise and amend the sixth section of the Evanville City Charter Act, approved January 27,1847. It was referred to the Committee on Corporations.
By Mr. RICHMOND, S. 155] to regulate the salaries of clerks of the circuit courts, county auditors, county treasurers, county recorders and sheriffs, and to provide for the payment of their fees into the county treasuries of the State, and providing for their deputies and their salaries and appointment. [The salary of clerks, auditors, treasurers, recorders and sheriffs shall be $2,000 a year in all counties having 3,000 or more polls; $1,500 in counties having 1,000 or under 3,000; and $1,000 in counties having under 1,000 polls. In all counties having more than 20,000 polls there may be allowed four deputy clerks, two deputies to each of the four other county officers, to be paid a salary each of $1,000. In counties having 7,000 polls, three deputy clerks, and two auditors and sheriffs, and one treasurer, with $1,000 salary each. In counties between 3,000 and 7,000, two deputy clerks, and one for each other officer, with $1,000 salary each. In counties under 3,000, one deputy for each officer, at a salary of $500 each.] It was referred to the Committee on County and Township Business.
By Mr. BELLAMY [S. .156] regulating the filing of petitions or complaints in Commissioners' Courts ; [complaint shall be filled ten days prior to the meeting of the Board of Commissioners. It was referred to the Committee on County and Township Business.
By Mr. REAGAN, [S. 157] creating, establishing and providing for the management and maintenance of four colleges of agriculture and the mechanic arts. [Shall be severally branches to the Northwestern Christian University at Indianapolis, the Wabash at Crawfordsville, the Asbury at Greencastle and the State University at Bloomington.] It was referred to the Joint Committee on Agricultural Colleges.
By Mr. NILES, [S. 158] concerning the Supreme Court. [Authorizing the renting or Purchasing of suitable rooms for the Supreme Court Chambers by the Clerk thereof under direction of the Judges.] It was referred to the Committee on Public Buildings.
THE SOLDIERS' HOME.
On motion by Mr. OYLER, the following message just announced from the Governor by his executive messenger, was taken up and read to the Senate:
To the Senate and House of Representatives :
I desire to call the attention of the General Assembly to the urgent wants of the Soldiers' Home at Knightstown.
The current expenses for the months of December and January amounting in th aggregate to about twenty-five hundred ($2,500) dollars are unpaid and unprovided for, and in consequence of the fact that the superintendent is unable to purchase supplies for the current month, because of the non-payment of former bills, I have felt constrained to draw upon the "Soldiers' Relief Fund" to the amount of fifteen hundred and fifty-seven dollars and fifty-four cents ($1,557 54) to pay on that account, and I respectfully ask that my action herein may be sanctioned by the General Assembly, and that I may be authorized to draw upon said fund for the further sum of two thousand ($2,000) dollars, in such amounts as the same may from time to time be needed to detray the current expanses of the Home for the present month, and until provision shall be made by the General Assembly for its support.
The Board of Managers have discharged their soliciting agents in consequence of the difficulty of procuring voluntary contributions, it being generally believed by those who were disposed to contribute to the support of the home that the Legislature would provide for them.
After deducting the $1,557 54 for which I have drawn as aforesaid, there remains a balance in the State Treasury of $25,570 23, of the five per cent, of the taxes levied and collected for the year 1865, which was paid into the Treasury under the 4th section of the act of December 20th, 1865, to be applied under the direction of the page: 162[View Page 162] Governor, to the relief of sick, destitute, wounded or disabled Indiana soldiers.
CONRAD BAKER,
Lieut Gov. of Indiana, acting as Gov. Executive Department,
Indianapolis, February 5, 1867.
Mr. OYLER offered a concurrent resolution, which was adopted, that the appropriation made by the Governor of $1,557 54 out of the soldiers' relief fund for the payment of expenses of the Soldiers' Home, be approved; and that the further sum of $2,000 be drawn from the same fund to pay the expenses of that institution for the month of January.
HOUSE BILLS ON THE FIRST READING.
On motion by Mr. BENNETT, the following described House bills were read the first time, and referred to appropriate committees:
The bill [H. R. 190] to raise revenue for State purposes for the years 1867 and 1868. It was referred to the Committee on Finance.
The bill [H. R. 72] attaching Marion county to the Northern Prison District. It was referred to the Committee on the State's prison.
The bill [H. R. 11] increasing County Commissioners' fees to $4 per day. It was referred to the Committee on County and Township Business.
The bill [H. R. 17] legalizing conveyances of realty to wives of persons of unsound mind.
It was referred to the Committee on the Judiciary.
The bill [H. R. 24] requiring County Clerks to hand over moneys to their successors. It was referred to the Committee on the Organization of Courts.
The Clinton county Common Pleas bill [H. K. 39,] It was referred to the Judiciary Committee.
The wife-witness against the husband bill, [H. R. 40.] It was referred to the Judiciary Committee.
The passenger-car-door-lock bill, [H. R. 93.] It was referred to the Committee on Corporations.
The Grant county Common Pleas bill, [H. R. 53.] It was referred to the Committee on the Organization of Courts.
The joint resolution [H. R. 2] favoring the paying of the interest bearing United States debt, was read the first time, and referred to the Committee on Finance.
And then the Senate adjourned.
