IN SENATE.
FRIDAY, February 8, 1867.The Senate met at 2 o'clock P. M.
The journal of yesterday was read.
Mr. HANNA presented a petition praying for the enactment of a law regulating the measurement of bricklayers, plasterers, stone masons, carpenters and painters. He said there was a great deal of feeling on this question in the State, and therefore he moved that a committee be appointed to investigate the subject and give it special attention.
The PRESIDENT made the Committee to consist of Messrs. Hanna, Stein and Thompson.
REPORTS FROM COMMITTEES.
From the Committee on Elections - Mr. RICHMOND returned the bill [H. R. 18] amending section 15, and repealing sections 29 and 30 of the general election law, recommending its passage.
Mr. OYLER returned Mr. Bonham's bill [S. 65] punishing officers of elections for receiving illegal votes, recommending that it be laid on the table as its provisions are embodied in another bill now before the Senate.
From the Committee on the Judiciary -Mr. page: 183[View Page 183] NILES returned Mr. Thompson's bill to increase the salaries of the prosecuting attorneys of criminal courts, [S. 76] with an amendment to the effect that the County Commissioners may allow the attorney an additional salary, not to exceed $1,000. Mr. MASON returned Mr. Bellamy's bill [S. 3] rejecting the salaries of prosecuting attorneys, recommending indefinite postponement, but it was laid on the table, on his motion, on account of the author's absence. Mr. CASON returned the wife witness against the husband bill [H. R. 40] recommending its passage. Mr. BENNETT returned the Clinton County Common Pleas bill [S. 39] recommending its passage.
On motion of Mr. BENNETT the last described bill [H. R. 39] was read the second time and passed to the third reading.
Mr. CASON, from the Joint Committee on Education and Agriculture, returned Mr. Stein's Agricultural College bill [S. 139]-locating the same perpetually at the Tippecanoe Battle Ground-with amendments filling the blanks with the names of John U. Pettit and Henry Taylor; striking out the word "perpetually," and authorizing the erection or procuring of suitable buildings within three years, providing it can be done by voluntary subscriptions; and when so amended recommending its passage.
Mr. NILES could not be present with the committee when they came to an understanding of this bill, and is compelled to differ with their conclusions. As it is a matter of considerable consequence he asked the privilege of submitting a minority report within a week's time.
Mr. CASON would be glad to have a minority report from the Senator, but if it is postponed as long as a week the delay might endanger the passage of the bill. However, if the Senator could not prepare his report at an earlier day he would consent. He moved that this report lie on the table so that it could be taken up at any time when the minority report should be ready.
The motion was agreed to.
Mr. WARD, from the Committee on Roads, returned Mr. Richmond's bill [S. 54] authorizing tho assessment of lands near plank, McAdamized or gravel roads, with amendments adding other sections.
Mr. JOHNSON, from the Committee on Corporations, returned his bill [S. 92] amending section 22 of the act approved June 11, 1852, for the incorporation of towns, with an amendment striking out all after the enacting clause, and inferring in lieu new matter.
Mr. THOMPSON, from the Committee on State Prisons, returned the bill [H. R. 72] adding Marion county to the northern prison district, recommending its passage.
Mr. HOUGHTON, from the Committee on Public Buildings, returned a Senate resolution of inquiry as to the expediency of employing a night watchman for the State House, reporting that the public archives are well worth preserving, and recommending the passage of a bill providing for the appointment of a watchman - see "New Propositions."
Mr. HYATT, from the Committee on the Affairs of the City of Indianapolis, reported back a claim by way of petition, which the petitioners desire to withdraw ; recommending that said petitioners have leave to do so.
From the Committee on Claims - Mr. NOYES returned Milton S. Robinson's contested election claim for expenses incurred in contesting the seat lately held by Dr. Hunt, as Senator from the counties of Madison and Grant, recommending that it be referred to the Committee on Finance, and that they allow $100 to Mr. Robinson. Mr. REAGAN returned the claim of the heirs of Robert Early for $459 50, reporting the opinion that he died before an appropriation was made to pay it; that it was allowed by the Second Military Auditing Committee ; that it is unpaid, and recommending that it be referred to the Committee on Finance and allowed.
Mr. PARRlSH, from the Committee on Military Affairs, returned his bills [S. 89 and 112] recommending that they lie upon the table, as the committee have embodied the matter of both in one bill [S. 160], which they recommend do pass. See ''New Propositions."
Mr. OYLER, from the Committee on the Organization of Courts, returned the bill [H. R. 24] amending the 9th section of the Circuit Court Clerk Act, approved June 7, 1852, by including the words "and moneys." Also, the Grant County Common Pleas Court bill [H. R. 53], recommending their passage.
From the Committee on County and Township Business - Mr. REAGAN returned Mr. Mason's bill [S. 136], amending the turnpike organization law, recommending that it lie on the table, as further legislation is inexpedient,. The report was concurred in. Mr. NOYES returned Mr. Bellamy's bill [S. 156] regulating the filing of complaints in commissioners' courts, recommending that it be indefinitely postponed, but on his motion it was laid on the table, as the author is absent. Mr. OYLER returned the bill [S. 38]title was not read;and Mr. Richmond's bill [S. 47] authorizing boards of county commissioners to make appropriations in aid of the construction of manufacturing establishments and machine shops-when a majority of legal voters do not object - recommending that they lie on the table. Mr. CARSON returned the bill [H. R. 11] increasing county commissioners' fees to $4 per day, recommending that it lie on the table, as a bill embracing the same proposition has already passed the Senate. These last three reports were concurred in.
From the Committee on Rights and Privileges - Mr. GIFFORD returned Mr. Church's bill [S. 41] enabling cities and towns to purchase and hold stock in roads, with amendments; which, on Mr. CULLEN'S motion, were referred - report, amendments and bill to the Committee on Corporations. Mr. HUEY returned Mr. Jaquess' bill [S. 100] limiting the liability of inn keepers, recommending its passage. Mr. GIFFORD returned Mr. Church's bill [S. 94] for the protection of fur bearing animals, with an amendment striking therefrom "musk-rats." Mr. TERRY returned Mr. Reynolds' bill [S. 75] for the incorporation of slack water companies, recommending its passage. Mr. MILLIGAN returned Mr. Church's bill [S. 147] amending the divorce law as set forth on pages 153 and 164 of the BREVIER LEGISLATIVE REPORTS, recommending its passage.
Mr. BENNETT, from the Committee on Congressional Apportionment, returned his bill [S. 1], M.r. 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. 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, Wayne, Fayette and Hancock shall constitute the fourth district.
SEC. 7. The counties of Brown, Morgan, Johnson, Marion, Hendricks, Monroe and Lawrence shall constitute the fifth district.
page: 184[View Page 184]SEC. 8. The counties of Sullivan, Greene, Putnam, 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, Wabash, Miami and Cass, shall constitute the Eighth District.
SEC. 11. The counties of Delaware, Randolph, Jay Blackford, Wells, Adams, Allen and Henry shall constitute the Ninth District.
SEC. 12. The counties of Kosciosko, Whitley, Noble,. DeKalb, Steuben, Huntington, Lagrange and Elkhart, shall constitute the Tenth District.
SEC. 13. The counties of White, Newton, Jasper, Pulaski, Pulton, Marshall, Starke, St Joseph, Laporte, Porter and Lake, shall constitute the Eleventh District.
Mr. BENNETT moved that the report and amendments and the whole subject matter be made the special order for next Tuesday at 2 o'clock.
Mr. HANNA said: Some of the minority will not be here Tuesday, and moved to amend by making it Wednesday.
Mr. BENNETT accepted the amendment.
It was so ordered.
Mr. TERRY, from the Committee on Temperance, returned Mr. Oyler's bill [S. 134] authorizing and empowering incorporated towns to regulate and license the sale of intoxicating liquors, recommending that it be indefinitely postponed.
Mr. NILES, from the select joint committee on the subject of a House of Refuge for juvenile offenders, reported a bill [S. 161] for an act to establish a House of Refugesee "New Propositions."
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:
By the Committee on Public Buildings, [S. 159] providing for the appointment of a night watchman for the State House, fixing the salary of the same and declaring an emergency. [Salary $75 per mouth.] It was passed to the second reading.
By the Committee on Military Affairs, [S. 160] to prevent persons who have been or may be hereafter mustered into the survice of the United States or the State, and who have asserted, from exercising the elective franchise, or holding any office of trust or profit; declaring what evidence shall be prima facie evidence of desertion under the first section of the act of Congress entitled An Act to amend the several acts in force heretofore passed to provide for the enrolling and calling out 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 is a deserter, as shown by the examination of the records of the office of the Provost Marshal of the proper district."] It was passed to the second reading.
By the Joint Committee on a House of Refuge for juvenile offenders, [S. 161] to establish a House of Refuge for the correction and reformation of juvenile offenders. [To be located by the Commissioners with the approval of the Governor, making an appropriation of $50,000. 100 acres on the Rockville road if not found suitable is to be sold by the Commissioners ] It was referred to the Judiciary Committee and 300 copies ordered printed.
AGRICULTURAL COLLEGE.
Mr. CULLEN moved to take the report of the special joint committee on agricultural colleges on Mr. Stein's bill [S. 139], from the table because, if it lies over till next week, there will be other bills and reports presented on the subject; and it will prove dangerous to the passage of the bill.
Mr. THOMPSON objected to this proposition. The Senate can not take too much time to consider the subject. Since last winter, there has been quite a change of feeling in this respect. He knew of other propositions now in preparation, bidding for the location of this college. We will gain by agitation - no question about that Even if the college should not be located this session, it will be better for the State, if popular feeling on the subject is any indication as to where the institution should be located. He referred to the excitement in this city - to meetings that had been held here, at which resolutions were adopted expressing the fear that this fund would be so divided up as to be virtually frittered away.
Mr. OYLER failed to see the force of the remarks of the Senator from Marion [Mr. Thompson.] There was also a large and enthusiastic meeting at Franklin, in his county, called from a desire to get this college at that point. He could see no use in putting this matter off for a week to wait for a minority report from anybody. We should locate the college at this session of the General Assembly; and that being the case the decision should not be put off till the close of the session.
Mr. MASON. A year ago the Senate voted to locate the college at Bloomington, but for want of time it was not passed by the House of Representatives, and we ought to commence now to locate this college, for it may be delayed in the other branch, by dilatory motions this session as it was last winter. He hoped the motion to take up the report would be agreed to, and that the bill would be considered now.
Mr. STEIN at first, out of a spirit of accommodation, was willing to grant the delay asked for by the Senator from Laporte, Mr. Niles,] but on consultation with its friends, he has become convinced that the delay would endanger the passage of the bill. Therefore he hoped the motion to take it from the table and consider it now would be concurred in. For five years the question has been discussed in the public press of Indiana, and three sessions of the General Assembly have considered it. Why now ask for still further delay ? He desired no further procrastination, and hoped the vote would be had now.
Mr. NILES was free to say that he had no counterproject to submit; but would present an entirely different plan - one, in his opinion, by which this college would become page: 185[View Page 185] a great institution for the farmers of the State, and not a school for the education of a few boys, merely, as he was afraid it would become under the provisions of the bill. He felt a profound interest in this question, and had a strong conviction, if the present plan were carried out, that what should have been a first class college for the intelligent farmers of the State would dwindle down to a mere matter of neighboring schools, like what the State University at Bloomington has become, although surrounded by far greater advantages than the schools at Crawfordsville or Greencastle.
Mr. CULLEN as an additional reason why his motion should prevail, called attention to the fact that the bill has been read but once, and can not be read the second time till the report is disposed of.
Mr. NILES would not stand in the way of the progress of legislation, and withdrew his request for further time to make a minority report.
Mr. CRAVENS regarded the vote on concurring in the report as a sort of expression of the Senate in favor of the location; and insisted it was due to the minority to have time to prepare and present a report Betting forth their views of the subject.
Mr. CASON did not understand that concurring in a report even adopted an amendment. Concurrence in a report simply discharged the committee from further consideration of the subject.
Mr. HANNA regarded the vote on concurrence in the report as a test question on the matter contained in the bill.
Mr. CRAVENS understood laying the report on the table discharged the committee, and if that was all the Senator from Boone [Mr. Cason] desired by concurrence, his object was already attained.
Mr. HANNA insisted that the usual courtesy should be granted the Senator from Laporte [Mr. Niles], and he should have time to prepare a minority report. The moment this report is passed upon we cut off the privilege of the minority to make a report.
The motion [Mr. Cullen's] to take the report from the table was rejected - yeas 18, nays 24.
Mr. CULLEN moved to take the bill and report from the table and make them the special order for next Tuesday at 2 1/2 o'clock.
This motion was also rejected - yeas 17,nays 25
Mr. CULLEN made a similar motion, fixing the time at Wednesday, 9 o'clock A. M.
This motion was also rejected - yeas 16, nays 26.
Mr. CULLEN made a similar motion fixing the time for Thursday morning at 9 o'clock.
This motion was also rejected.
Mr. CULLEN made a similar motion, fixing the time two weeks from Tuesday, at 9 o'clock A. M.
This motion was also rejected by yeas 20, nays 21.
CIRCUIT AND COMMON PLEAS JUDGES.
The PRESIDENT announced the special order for this afternoon, viz: Mr. Bennett's bill [S. 84] increasing the salary of Circuit and Common Pleas Judges.
On motion by Mr. BENNETT, it was postponed and made the special order for this day week. He was afraid the pulse of the Senate was not right for its consideration now.
REORGANIZATION OF THE JUDICIAL SYSTEM.
On motion by Mr. OYLER, his bill [S. 80] for the organization of Circuit Courts in this State, and [S. 81] [abolishing Courts of Common Pleas, and County Commissioners' Courts - transferring the civil and criminal business of the Common Pleas to the Criminal Court, and establishing a County Court for the transaction of other legal business,] were severally read the second time.
Mr. CASON submitted a motion to recommit the bills, with instructions to report a substitute organizing County Circuit Courts; which motion he was willing should go with the bill and come up for consideration when the bills shall be acted on.
It was so ordered by consent.
Mr. BENNETT did not think these bills would get four votes, and he moved their reference to the Committee on the Organization of Courts of Justice.
Mr. OYLER said the Committee on Organization of Courts composed the Committee on the part of the Senate of the Joint Committee on Reorganization of Courts, from which these bill emanated, and the reference would be simply a work of supererogation.
On motion by Mr. RICHMOND the motion to refer was laid on the table.
On motion by Mr. OYLER these bills were made the special order for Tuesday at 9 o'clock A. M.
LOCAL COURT BILLS.
On motion by Mr. RICHMOND, the Senate proceeded to the consideration of messages from the House requiring immediate action on the part of the Senate.
On motion by Mr. BENNETT, the bill [H. R. 203] fixing the time of holding the Court of Common Pleas in the 5th District, [Ohio, Switzerland, Ripley, Jefferson and Dearborn counties,] was read the first time.
On his further motion the constitutional page: 186[View Page 186] restriction was dispensed withyeas 37, nays 0and the bill read the second time.
Mr. HYATT moved to amend the bill by increasing the time for the term of the court in Ripley county from four to five weeks.
The motion was rejected.
Mr. CRAVENS' constituents, some of them, are very much opposed to changing the time of holding courts during the term of the courts. He feared the bill would pass, though he should offer no further opposition to it than to vote against it.
The bill was then read the third time and passed by yeas 36 nays 1.
On motion by Mr. RICHMOND, the bill [H. R. 49] creating the 17th Judicial Circuit, and fixing the times of holding courts therein - to be composed of the counties of Madison, Hamilton, Tipton and Howard was read the first time.
On his further motion, the constitutional restriction was dispensed with - yeas 37, nays 0 - the bill was read the second and third times, and finally passed by yeas 37, nays 1.
The bill [H. R. 12] to constitute the 14th Judicial Circuit, and to fix the times of holding courts therein, [to be composed of the counties of Kosciusko, Noble, DeKalb, Steuben, Lagrange and Elkhart] was read the first time.
On motion by Mr. NOYES, it was referred to a Committee consisting of the Senators from the counties interested.
Mr. OYLER protested against this indiscriminate practice of getting up a special committee from the counties interested in the bills referred for committee consideration. And then it was time a stop was put to this thing of creating new judicial circuits every few days.
Mr. RICHMOND hoped the motion to refer would prevail. Those Senators should have a chance to examine and report on this bill affecting their interests so closely.
Mr. LEE trusted the Senate would see the necessity of reorganizing the State. There was more time needed in his district, and some general remedy should be provided. He was not objecting to this motion, however.
Mr. BENNETT voted for these special court bills for fear a general bill will not pass; and if it does pass at the end of the session, it will repeal all these.
Mr. NOYES made a similar statement, he had not examined this bill, and as it affected his county it was nothing more than right that he should have time to examine it.
The motion to refer was agreed to.
WILD GAME.
The bill [H. R. 83] for the protection of wild game was read the first time, and referred to the Committee on Rights and Privileges of the Inhabitants of the State.
ABSENCE.
Leaves of absence were obtained for Messrs. Parrish, Lee and Oyler till Tuesday.
TEMPERANCE PETITIONS.
Mr. REAGAN offered a resolution, which was adopted, that the Committee on Temperance report to the Senate five days before the close of the present session the number of petitions in their possession, the names of the counties from which they came, and the whole number of petitions.
ADJUTANT GENERAL'S REPORT.
On motion by Mr. PARRISH, the Adjutant General's communication laid before the Senate yesterday - being a document admirably gotten up - was referred to the Committee on Military Affairs.
And then the Senate adjourned till nine o'clock to-morrow morning under the rule.
