IN SENATE.
SATURDAY, February 10, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. GIFFORD, the reading of the minutes of yesterday's proceedings were dispensed with.
Mr. CRAVENS presented a memorial from the friends of the South Hanover College on the subject of the Agricultural College fund. It was referred, without reading, to the Committee on the Agricultural College.
RECESS TILL MONDAY.
On motion by Mr. BONHAM, it was -
Resolved, That when the Senate adjourn, it adjourn to meet on Monday next at 2 o'clock P. M.
EX-SENATOR JOHN HUNT.
Mr. HUMPHREYS offered the following:
Resolved, That John Hunt, who served the first fifteen days of the present session as a Senator from the district composed of the counties of Madison and Grant, be allowed the sum of five dollars a day for such services, together with the further sum of eighteen dollars mileage.
On his motion it was referred to the Committee on Claims.
NEW PROPOSITIONS.
Mr. BONHAM introduced a joint resolution [S. 6] instructing our Senators in Congress to use their influence to prevent the confirmation of persons nominated to office by the President of the United States to fill offices made vacant by the removal of persons on account of their political opinions. It was read the first time and referred to the Committee on Federal Relations.
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. 162] to establish a college for such branches of knowledge as are connected with agriculture and the mechanic arts, and to carry out the objects of the act of Congress in making donations of land for such purposes. [Three trustees to be elected by the Legislature to serve two years, may purchase not to exceed one thousand acres of land, for an experimental farm; and expend money for the erection or lease of college buildings.] It was referred to the Committee on Agricultural Colleges.
By Mr. CRAVENS, [S. 163] to amend section 157 of the common school law, approved March 6, 1865. [When a township is divided the school property thereof shall be held by the township within whose limits it is situated ; and when a village is incorporated all school property of the township in the limits of the town shall vest in the town - excepting any property built or purchased for the purpose of township graded page: 190[View Page 190] schools.] It was referred to the Committee on Education.
By Mr. CRAVENS, [S. 164] to provide for the removal from office, death, resignation or inability of both Governor and Lieutenant Governor, declaring who shall be Governor, and repealing all laws inconsistent therewith. [The President of the Senate shall act in such case, and if there be no President of the Senate the Secretary of State shall convene the Senate for the purpose of electing a President thereof] It was referred to the Committee on the Judiciary.
By Mr. REAGAN, [S. 165] to amend an act to provide for the appraisement of real estate and prescribing the duties ot officers in relation thereto, approved December 21, 1858. [Amends section 15 by allowing appraisers $3 a day instead of $2, as the law now is.] It was referred to the Committee on County and Township Business.
By Mr. STEIN, [S. 169] to fix the number of Senators and Representatives in the General Assembly of the State of Indiana and to apportion the same among the several counties of the State. It was referred to the Committee on Legislative Apportionment.
By Mr. WARD, [S 2167] to prohibit selling and buying intoxicating liquors to be used as a beverage, and prescribing penalties for violation thereof. [Declaring it a misdemeanor punishable by fine of not less than $5 nor more than $100-the purchaser to be a compulsory witness. Purchasers of spiritous, vinous, malt or any in toxicating liquors whatever, used as a beverage, not witnesses, shall be fined not exceeding $100.] It was referred to the Committeee on Temperance.
By Mr. TAGGART [S. 168] to provide for the prosecution of bastardy in certain cases. It was referred to the Committee on County and Township Business.
By Mr. REAGAN, [S. 169] to provide for official visitations and inspections of the prisons and benevolent institutions of the State. [The Governor at pleasure to appoint one or three visitors.] It was referred to the Committee on Benevolent Institutions.
By Mr. HUFFMAN, [S. 170] to amend section 70 of an Act providing for the qualifications ot Justices of the Peace and defining their jurisdiction, powers and duties in civil cases, approved June 9, 1852, [so it shall read "section 70. Costs shall follow judgment in the Court of Common Pleas or Circuit Court on all appeals in civil cases from Justices of the Peace."] It was referred to the Committee on the Judiciary.
By Mr. WOLCOTT, [S. 171] fixing the duration of the terms of the Circuit Court in the county of Warren, and repealing all laws in conflict with its provisions. It was referred to a committee of Senators representing the district interested, viz: Messrs. Wolcott, Newlin and Stein.
By Mr. WOLCOTT, [S. 172] to amend section 1 of an act concerning enclosures, trespassing animals and partition fences, approved June 4, 1852 [By adding after the words "which is such as good husbandmen generally keep." the following words: "to fence against, and keep in pasture cattle or horses." It was referred to the Committee on Rights and Privileges.
By Mr. STEIN, [S. 173] to repeal an act providing for the election and prescribing certain duties of county surveyors, approved June 17,1852; and to provide for the election of county surveyors, prescribing their powers and duties and the manner of performing the same. It was referred to the Judiciary Committee.
By Mr. HUEY, [S. 174] for the relief of Peter Wells and Benoni Wells. It was referred to the Committee on the Rights and Privileges of the Inhabitants of the State.
By Mr. RICHMOND, [S. 175] for the incorporation of companies for the purpose of erecting buildings to be used or occupied in whole or in part for Masonic meetings, purposes, or in any way for the accommodation or convenience of Masonic bodies or lodges. It was referred to the Committee on Corporations.
By Mr. STEIN, [S. 176] requiring railroad companies to erect signs or public notices at all highway crossings, and providing penalties for neglect thereof. It was referred to the Committee on Corporations.
By Mr. RICHMOND, [S. 177] to amend section 8 of An Act authorizing the construction of plank, McAdamized and gravel roads and to empower the same to make sale of a portion of their roads, [excluding from the free toll list those who go to funerals for hire.] It was referred to the Committee on Corporations.
By Mr. HANNA, [S. 178] to regulate the assessment and collection of taxes on the capital stock owned in banks and banking associations doing business in the State of Indiana. It was referred to the Committee on Corporations.
By Mr. HANNA, [S. 179] authorizing Clerks of the Circuit and Common Pleas Courts to try and determine suits of habeas corbus, issue writs of injunction and temporary restraining orders, and defining additional duties thereof. It was referred to the Committee on the Judiciary.
SPECIAL COMMITTEE.
The PRESIDENT announced the Committee to which was referred last evening the bill [H. R. 12] to constitute the 14th Judicial Circuit, viz: Messrs. Noyes, Huey, Smith, Carson, Parish and Lewis.
HOUSE BILLS FIRST READING.
The bill [H. R. 144] to prevent the spread of disease among sheep, was read the first time and referred to the Committee on Rights and Privileges.
The bill [H. R. 175] amending the Justices' act so that the number not exceeding three in each township, shall be regulated by the County Commissioners, was read the first time and referred to the Committee on Organization of Courts.
The bill [H. R. 185] amending section 45 of the act to provide for the opening, vacating and change of Highways, was read the first time and referred to the Committee on Roads.
The bill [H. R. 189] requiring all additions to towns or cities transferred for taxation, was read the first time and referred to the Committee on Corporations.
Mr. OYLER asked and obtained leave of absence for Mr. Cason for to-day.
Mr. BENNETT asked and obtained leave of absence for Mr. Niles till Monday.
BILLS ORDERED ENGROSSED.
Mr. Hawk's bill, [S. 86] supplemental the act of the incorporation of big schools, academies, &c.; Mr. Jaquees' bill, [S. 100] limiting the liabilities of Innkeepers Mr. Oyler's bill [S. 129] amending section 329 of the Practice Act so that no issues shall be set for trial till the third day of the term; and Mr. Robinson's bill [S. 144] to provide for impartially empanneling juries in certain cases, were severally read the second time, and ordered to be engrossed for the third reading.
page: 191[View Page 191]THE DIVORCE LAW.
Mr. Church's bill [S. 147] amending thedivorce act, as described on pages 153 and 154 of the BREVIER LEGISLATIVE REPORTS,being read the second time -
Mr. CULLEN moved to refer the bill to the Committee on the Judiciary.
Mr. CHURCH. I am decidedly opposed he reference. This bill has been before the Committee on Rights and Privileges, of which the chairman of the Judiciary Committee is a member, and I am satisfied it suits him. Several other lawyers and citizens of ability are on that committee, and the bill is very satisfactory to all of them. If it does not suit any particular Senator on the floor, let him offer his amendments here, and not delay its passage by reference to a committee. I believe the bill to be as near perfect as it can be made.
Mr CULLEN. I am just as willing to fight this bill on its third reading as at any other time. The idea of changing the divorce law by providing that a man may be a habitual drunkard for two years before the wife can get a divorce, is simply ridiculous to say the least of it. That is one change I am opposed to. Another change I am opposed to is that he may starve her for two years. This bill says that he must starve the woman for two long years before she can apply for a divorce. There are several other important changes proposed in this bill, and I think it would be well to let it go to the Judiciary Committee. If the Senator desires the passage of his bill he had better let it go there. I would not compel a woman to live with a man that fail, to support her; nor would I compel her to live with a man who is a habitual drunkard.
Mr. CHURCH. The provision of the bill referred to by the Senator is intended to prevent a married woman from becoming the wife of another man till after he has failed to support her for two years, or has been a habitual drunkard for that length of time. It does not compel the woman to live with her husband while he so mistreats her. Now, in many cases, no sooner does a man begin to tipple than his woman is off in another part of the State getting a divorce, when she ought to be spending her energies to save him to reclaim the man she is trying to get a divorce from in order to marry another man.
Mr. CULLEN. I don't admit that such facts exist in the State of Indiana by considerable. I do not want to put the women of Indiana before the world in that light. I do not admit that condition of things.
The PRESIDING OFFICER (Mr. Bennett in the Chair.) I would suggest if this is a bill about which there is any dispute, we had probably better postpone the matter, because the first time a vote is taken it will likely disclose a state of facts we do not desire brought to light.
Mr. CHURCH. I prefer that the bill should go forward in the regular order. I am willing it should succeed or fail as it is.Mr. CULLEN insisted on his motion.
The PRESIDING OFFICER. If opposition to the bill is persisted in, there would follow discussion and a vote, and the vote would disclose, probably, that we have no quorum here. The bill had better be laid on the table for the present. The bill will lie upon the table unless objection is heard.
It was so ordered by consent.
STEAM PACKET COMPANIES.
Mr. Howk's bill [S. 89] for the incorporation of steam packet companies, was read the second time and ordered engrossed for the third reading.
NO QUORUM.
Mr. TURNER demanded a call of the Senate. The Senate has deemed it proper to pass an obnoxious law pointing at few of us, an now they ought to carry it out by keeping members in their seats.
The PRESIDING OFFICER suggested that there was but one more bill to read and the files would be clear.
Mr. TURNER wanted the absentees sent for, and insisted upon the call being had at once.
Mr. MILLIGAN said Mr. Gifford requested me to ask for leave of absence for him if there was a call of the Senate before Monday.
The Secretary called the roll and 33 Senaters were reported as answering to their names.
Mr. CULLEN moved to amend Mr. Milligan's motion by including a leave of absence for Mr. Cumback and Mr. Cravens, who have gone home.
Mr HANNA. Senators have laid down a law to keep the minority in their places, and he insisted on every member being here unless excused from attendance. He objected to members of the majority breaking a quorum over a law they themselves have enacted.
Mr. MASON asked and obtained leave of absence for next week.
Mr. BROWN made an ineffectual motion to dispense with further proceedings under the call of the Senate.
Mr. Cullen's amendment to Mr. Milligan's motion for the excuse of Mr. Gifford, was agreed to.
The motion as amended was agreed to.
Mr. TURNER moved that the absentees be sent for.
The motion was agreed to, upon a division - affirmative 22, negative not reported.
Mr. WOLCOTT made an ineffectual motion that Mr. Stein be excused.
page: 192[View Page 192]There are but two Senators absent - Mr. Bonham and Mr. Stein - I believe, but what have been excused. They will be sent for.
Mr. CULLEN made an ineffectual motion - yeas 10, nays 24that farther proceedings under the call be dispensed with.
Mr. CULLEN asked and obtained leave of absence for thirty minutes to meet some friends at the depot.
After waiting some fifteen minutes -
Mr. TERRY made an ineffectual motion yeas 9, nays 25 - to dispense with further proceedings under the call.
Mr. CHURCH moved that the Senate adjourn.
The yeas and nays were demanded by ten Senators.
Mr. OYLER was in favor of bringing in the absent Senators, but was not in favor of staying here without any dinner, or staying here all night. We have the power to adjourn, and at the the next regular meeting of the Senate we would still be under the call. But we are not bound to stay here till the absentees are brought in, for it might take a week.
The motion to adjourn was rejected yeas 11, nays 23.
Mr. Bonham, Mr. Stein and the doorkeeper now entered the Senate Chamber, amid much merriment, which was renewed at frequent intervals, till the Senators were excused by a formal vote.
The PRESIDING OFFICER read the rule governing the House of Representatives in Congress - when the doorkeeper comes with absentees sent for, he is announced at the door of the House, and makes his return. The members in custody are then arraigned by the Speaker and interrogated as to what excuses they have to offer for absenting themselves.
Mr. RICHMOND called on the doorkeeper to make his return.
The DOORKEEPER. Mr. President: Senator Bonham and Senator Stein are now present.
The PRESIDING OFFICER. Under the rule just read the Chair will announce that the Senators are brought in here under quasi arrest and they are now arraigned by the Senate on the charge of being absent without leave. They will now make their excuses to the Senate. If they are not able to employ counsel, counsel will be assigned them.
Mr. BONHAM. I propose to act as my own counsel.
The PRESIDING OFFICER. The Senator from Blackford has the floor on the question of personal privilege as to the reasons for his being absent.
Mr. BONHAM. I was unwell this morning, and concluded to return to my hotel.
I had a fire built up, and was just fixing to lie upon the bed when the doorkeeper came after me. I thought nothing special would come before the Senate, there were but few present here, and seeing others going, I thought I might just as well go as the rest.
Mr. HANNA. Did the Senator vote for the Bolting bill?
Mr. BONHAM. Yes, I did. But it has not come in force yet, and I thought I had better bolt before it did.
Mr. OYLER. The Senator is mistaken. His Excellency, the Governor, informed me awhile ago that the Bolting bill has been approved and deposited in the office of the Secretary of State.
The PRESIDING OFFICER, The question is on excusing the Senator from Blackford. The Bolting bill has nothing to do with it, as he is probably not charged with anything of that kind.
Mr. OYLER. I move that Dr. Terry, Dr. Lewis, Dr. Newlin, and Dr. Sherrod, [members of the Senate], be requested to examine the Senator from Blackford, and report to the Senate whether he is really sick or not.
The PRESIDING OFFICER. The chair will decide that motion out of order. The Senator has the right to select his own physicians.
Mr. BONHAM. I move that the further investigation of my case be indefinitely postponed, and that the Senate take up the case of the Senator from Tippecanoe, [Mr. Stein.]
Mr. CHURCH. I move that the Senate accept the excuse offered by the Senator from Blackford.
The motion was agreed to.
The PRESIDING OFFICER. Has the Senator from Tippecanoe anything to say?
Mr. STEIN In the first place I was present in the Senate chamber till nearly eleven o'clock, during which time I reported some three or four bills. I say others were leaving and concluded I would leave myself, especially as there was a necessity for it. I was under the necessity of visiting the Union Depot to see how the trains were running to Lafayette, as I have my family here and they desire to leave for home.
Mr. MASON. I move that the Senators excuse be received.
The motion was agreed to.
On motion by Mr. OYLER further proceedings under the call of the Senate were dispensed with.
THE ELECTIVE FRANCHISE - DESERTERS.
The Military Committee's bill [S. 160] to prevent deserters from exercising the elective franchise was read the second time and ordered to be engrossed for the third reading.
page: 193[View Page 193]Mr. MASON asked and obtained leave of absence for Mr. Stein till Monday.
Mr. BONHAM asked and obtained leave of absence for Mr. Church till Monday.
FUR-BEARING AMIMALS.
Mr. Church's bill [S. 94] for the protection of the mink, otter and raccoon was read the second time and ordered to be engrossed for the third reading.
And then the Senate adjourned.
