IN SENATE.
MONDAY, February 11, 1867.The Senate met at 2 o'clock, P. M.
On motion by Mr. JOHNSON the reading of the minutes of Saturday's proceedings was dispensed with.
PETITIONS AND MEMORIALS.
Mr. THOMPSON presented memorials from mechanics and laboring men of this city, and from citizens of Marion county, and from a meeting at Sharpsville, on the subject of a State Agricultural College; which were referred to the Committee on Agricultural Colleges.
Mr. RICHMOND, Mr. TERRY, Mr. BONHAM, Mr. THOMPSON, Mr. ROBINSON, Mr. LEWIS, Mr. STEIN, Mr. NOYES, Mr. REAGAN, Mr. WARD, and Mr. CARSON, each, presented a petition praying for a law prohibiting the sale of intoxicating liquors as a beverage; which were referred to the Committee on Temperance.
REPORTS FROM COMMITTEES.
Mr. CARSON, from the Committee on Corporations, returned Mr. Church's city road-subscription bill, [S. 41] recommending its passage with an amendment, striking out from the enacting clause and inserting new matter, and amending the title in accordance therewith. The amendments were concurred in.
Mr. HUFFMAN, from the Committee on Claims returned the claim of Martin Igoe, recommending that it be indefinitely postponed. The report was concurred in.
Mr. LEWIS, from the Committee on County and Township Business, returned Mr. Reagan's bill [S.165] amending the appraisement act, recommending its passage.
Mr. RICHMOND, from the same committee, returned Mr. Taggart's bastardy bill, [S. 168 ] recommending its passage.
Mr. MILLIGAN, trom the Committee on Rights and Privileges, returned Mr. Cullen's Soldiers' Home bill [S. 4,] recommending its passage with amendments.
On motion by Mr. CULLEN, the report and amendments were made the special order for to-morrow at 10 o'clock A. M.
ABSENCE.
Mr. HANNA asked and obtained leave of absence for Mr. Howk during the whole of this week.
Mr. STEIN obtained leave of absence for Mr. Turner for to day and to-morrow.
THE LIQUOR TRAFFIC.
The PRESIDENT announced the consideration of Mr. Wolcott's Liquor bill, [S. 46] page: 196[View Page 196] introduced on the 17th of January, and described on pages 52 and 53 BREVIER LEGISLATIVE REPORTS - it being the special order for 3 o'clock this day.
Mr. RICHMOND made an ineffectual motion to postpone the bill and have it made the special order for Thursday at 2 o'clock P. M.
On motion by Mr. RICHMOND the Senate resolved itself into a Committee of the Whole (Mr. Cravens in the Chair) for the consideration of the bill.
Sections 1, 2 and 3 were read and adopted by consent.
Section 4 being read -
Mr. CULLEN moved to strike out the word "freeholders" and insert ''householders." In this section it is provided that the applicant shall be granted a license to sell upon "a petition signed by at least twenty respectable freeholders of this State residing in the township, town or ward where the premises are located." He made this motion to put people on an equality-where they belong. He objected to a landed aristocracy upon whose ipse dixit the question of whisky or no whisky shall depend. It is in opposition to the foundation principle of our laws that landholders should be put forward in advance of other citizens.
Mr. CHURCH was in favor of every restriction possible, and for that reason opposed the amendment. Owners of property are more desirous to keep whisky shops away than the class of persons who are not land owners.
Mr. OYLER also opposed the amendment for the reason just named, and for an additional reason. He also made objection to the word "respectable" in this section; for all our people are respectable; and he gave notice that at the proper time he should move to strike that word out.
Mr. WOLCOTT. Freeholders are permanent citizens, and householders may not befor this reason he hoped the amendment would be rejected. He would not object to the word "respectable" being stricken out, but the word "freeholder" should be retained.
Mr. CULLEN insisted that this section had nothing to do with property at all. Twenty respectable householders, if they should sign such a petition, would be just as much interested as the same number of freeholders. If the object of the bill is to protect paupers, strike every section from this bill and pass a law in compliance with the many petitions coming up here, prohibiting the sale of intoxicating drinks altogether. He could see no argument advanced in favor of retaining the word proposed to be stricken out.
Mr. MILLIGAN moved to amend the amendment by striking out the word "twenty," and inserting "fifty" in lieu.
Mr. CULLEN accepted the amendment.
Mr. ROBINSON moved to amend the amendment by striking out the word "twenty," and inserting in lieu these words; "a majority of the voters residing in the town, township or ward." We cannot shut our eyes to the fact that the people of the State are disgusted with the present law and if we are indeed opposed to the liquor traffic this amendment should be adopted. It is an easy matter to get twenty freeholders to sign a petition, but one whisky shop in a neighborhood can be made as great a nuisance as though there were others near. While the people would not probably enforce a prohibitory law, they would enforce such a law as the amendment proposes.
Mr. CULLEN accepted this amendment also.
Mr. OYLER favored this amendment because the people everywhere demanded it, and because it was the most natural way to get along with this whisky selling question. If we have a right to say license shall not issue but upon petition of twenty freeholders, we have a right to say it shall not issue but upon the petition of twenty hundred; and if that be conceded, of course we have a right to say that license shall not issue but upon petition of a majority of the voters of the neighborhood.
Mr. WOLCOTT. The effect, of the amendment would be that where a majority of the voters objected, there would be no license, and where they did not object there would be any number of whisky shops. The effect under the bill as it is, he thought, would be better.
Mr. STEIN'S sympathies were with the friends of the prohibitory law. The amendment, in effect, requires the voters to hold a private election over every man's petition, and under those circumstances it falls under the decision in the case of May vs. the State, had before the Supreme Court of this State in 1863, in which case such class of laws were pronounced unconstitutional. The result of such an amendment would be that this bill would be a law in one township and not in another. As long as that decision or any other decision of the Supreme Court stands unreversed it is the law of land, and this bill, if passed, would have to be nullified by the courts. The bill as it stands is probably sufficiently guard on the license question. Under the amendment proposed by the Senator from Montgomery [Mr. Milligan] the State can not be flooded with whisky shops, and by adopting it no risk of unconstitutionally would be run. In making the decision referred to the Supreme Court said we were shirking page: 197[View Page 197] our responsibilities and shifting it upon the people by the enactment of such laws.
Mr. CULLEN insisted the gentleman [Mr. Stein] was wrong on the legal question. This is not a parallel case. There could be no difference, as far as that goes, whether we require fifty petitioners, or require the petition of a majority of the voters of the township, town, or ward. Where a majority of the people desire whisky, let it flow, and where they do not want it, let them prohibit it. The law decided unconstitutional provided for a direct vote; but this amendment is not proposing to determine the matter by vote-it is by the signing of a petition. Almost everything the County Commissioners do as a ministerial act, is done upon petition, and he insisted that the constitutional objection can not be successfully plead against this amendment. The people of Rush county are exceedingly anxious for such a law, and it is perfectly consistent with the spirit of our free institutions.
Mr. OYLER moved to strike out all after the word "license" where it last occurs in this section. He also moved to strike out the word "freeholder" where it last occurs, and insert in lieu therof the word "householder."
Mr. TAGGART insisted that the bill should conform as near to the Constitution as it is possible to get it. He read Article 1 section 23, of the State Constitution, and was of opinion that this amendment conflicted therewith. He did not wish to lead in this matter, but simply to call attention to this inconsistency. Under this section privileges and immunities would be granted to one class of citizens that would be denied to another.
Mr. ROBINSON could not see the difference in saying that a majority of the citizens of a township shall be required on a petition, and saying that twenty persons shall be required. He could see no force in the constitutional objection urged by the Senator from Brown [Mr. Taggart.] He voted for the amendment upon the principle that it would mitigate the great evil of intemperance, and upon the principle that the wishes of the majority shall be respected. Whisky sellers have no right to set up their shops upon the petition of a few persons in a locality where a majority of the people are opposed to them.
Mr. OYLER was of the opinion, even if this provision was pronounced unconstitutional, that we would have a good law left.
Mr. STEIN thought not. One of the last sections of this bill repeals all former conflicting laws. He again insisted that the proposed amendment comes under the decision of the Supreme Court in the May's case. In effect the petition proposed bythe amendment is tantamount to an election in every case, and the Supreme Court would so decide it. He read from arguments in the May's decision, which went to show that the construction of this amendment was correct. When you pass a law which will be obligatory in one township and not in another, it would certainly be pronounced as coining under the ruling of the Court in this case; and would it not be better to take a half loaf than no bread?
Mr. CULLEN thought members would like to think more about this liquor question, as it is the first time it has been up; he therefore moved that the Committee rise, report progress, and ask leave to sit again.
The motion was rejected.
Mr. STEIN made an ineffectual motion to lay the amendment on the table.
It was then agreed to on a division - affirmative 14, negative 13.
Mr. Oyler's amendment was also agreed to.
Mr. NOYES moved to insert the words, "a man of good moral character and" before these words, "a suitable person to be trusted with such license."
This amendment was agreed to. Upon a division.
Section 5 being read -
Mr. CASON moved to amend by adding after the words: "But no license shall issue to any such applicant," these words: "Until said applicant shall have resided in the township wherein he proposes to sell intoxicating liquors at least one year." His object was to prevent this sliding around the circle. It is now frequently the case that when a man wishes to get a license he goes off where he is not known, and it is then no great job to get petitioners to say he has a good character, and the defence can not show to the contrary, as he has not been a resident long enough to form a character. Such men are desperadoes in every sense of the term; they settle down in a community for one year, as vultures, and use their establishments for all sorts of vice.
On motion by Mr. CULLEN, the amendment was amended by inserting after the words "cut-house, yard or garden thereto," the word "attached."
The amendment as amended was agreed to.
On motion by Mr. OYLER the first word in the section, viz: "But," was stricken out.
Section 6 was read and adopted.
Section 7 being read -
Mr. BONHAM moved to strike out the entire section, for it is in strict violation of the 24th article of the Constitution. It proposes the violation of a contract.
This motion was rejected.
The Temperance Committee amendment page: 198[View Page 198] proposing to add the words "to be recovered in the name of the Township Trustee, on the information of any person," was agreed to.
Section 8 was read and adopted.
Section 9 being read -
Mr. TAGGART moved to amend by adding after the words "under the age of 21 years" these words: "without a written order from parent or guardian." He incidentally remarked tnat the county of Brown has not bad a licensed liquor shop for years, and but one place where intoxicating drinks were sold untill last fall the Commissioners licensed two; and because of that fact he exonerated from taking a leading part in the perfection of these temperance bills. He offered this amendment to meet the case persons who were sick and had none but minors to send for necessary stimulants The motion was rejected.
Mr. CULLEN moved to amend by striking out the last words of the section, viz: '"until after the polls are closed."
Mr. OYLER. If it is right to sell liquor on any day, it is right to sell it after the polls are closed on election day.
Mr. CULLEN thought the Senator ought to favor this amendment. There is more drunkenness resulting from the whisky sold and given away after the election than though the shops were left open all the day.
The amendment was agreed to.
Section 10 being read -
Mr. CHURCH moved to amend by adding these words:"And by imprisonment in the county jail for any determined period not exceeding thirty days"
It was agreed to.
The Temperance Committee amendment adding the words "on a second conviction" was agreed to.
Section 11 being read -
Mr. REAGAN moved to amend by striking out the work "knowingly" in this sentence: "Every person who shall directly or indirectly, knowingly sell, barter or give away any intoxicating liquor to any person who is in the habit of getting intoxicated, after notice shall have been given," &c. This word simply leaves a loop-hole for the whisky-seller to creep out of.
The amendment was agreed to.
Mr. CHURCH moved to amend by adding after the words "fined not less than ten nor more than fifty dollars," these words: "and be imprisoned in the county jail for any determined period not exceeding thirty days."
It was agreed to.
Section 12 being read -
Mr. CHURCH moved to amend by striking out the word "may" in the sentence "may add imprisonment," and inserting in lieu the word "shall."
It was agreed to.
Section 13 being read -
Mr. OYLER suggested that perfumes procured by distillation might come under the perview of this section.
The Temperance Committee amendment adding the words "and upon a second conviction shall forfeit his license," was agreed to.
The section as amended was then agreed to.
Sections 14, 15 and 16 were read and adopted by consent.
Section 17 being read -
Mr. CHURCH moved to strike out "may," the imprisonment clause, and insert "shall."
It was agreed to.
Sections 18, 19, 20, 21, 22, 23 and 24 were read and adopted by consent.
Section 25 being read -
Mr. WOLCOTT moved to strike out the word "mental," and insert "moral" in lieu.
Mr. OYLER moved to amend the amendment by adding the word "moral."
It was agreed to.
Mr. STEIN asked for a recount of the vote on the amendment proposed by the Senator from Brown, [Mr. Taggart] to the 9th section. He understood the "ayes" to have it, but the Chair decided to the contrary. To his ears it sounded like it was agreed to.
The vote was taken again and the amendment was declared to be adopted.
On motion by Mr. CULLEN, the Committee rose, and the Chairman reported the bill with sundry amendments to the Senate, recommending the passage of the bill as amended by the Committee of the Whole.
The PRESIDENT. The question is, Will Senate concur in the amendments of the Committee?
Mr. CASON. Before these amendment are adopted by the Senate they should be read over, and separately considered, moved a division of the question, and the amendments be considered seriatim.
Mr. STEIN moved, that the report and amendments be made the special order Thursday next at 3 o'clock P.M.
Mr. HANNA moved to indefinitely postpone the bill, and upon that motion demanded the yeas and nays.
Mr. CULLEN demanded a call of the Senate.
It was ordered, and 37 members answered to their names.
On motion by Mr. CULLEN, proceedings under the call were dispensed with.
The motion to indefinitely postpone was rejected by yeas 15, nays 24 - as follows:
page: 199[View Page 199]YEAS - Messrs. Barker, Bowman, Carson, English, Gifford, Hanna, huey, Huffman, Humphreys, Hyatt, Newlin, Sherrod, Smith, Staggs and Turner - 15.
NAYS - Messrs. Armstrong, Bonham, Brown, Cason, Church, Cravens, Cullen, Houghton, Johnson, Lewis, Milligan, Noyes, Oyler, Reagan, Reynolds, Richmond, Robinson, Stein, Taggart, Terry, Thompson, Ward, Wolcott, and Mr. President - 24.
The motion to make the bill and amendments the special order for Thursday, 3 o'clock P. M. was agreed to.
