IN SENATE.
THURSDAY, February 14, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. NOYES, the reading of the minutes of yesterday's proceedings were dispensed with.
CITY CHARTER BILL.
On motion by Mr. CARSON, his bill [S. 37] for the incorporation of cities in the State of Indiana, was read the third time.
Mr. STEIN, by unanimous consent amended the bill by providing that when an established grade is changed, damages shall be paid to the parties injured by the parties asking such change, and also by defining the terms upon which partition walls and fences may be used by adjoining owners.
The bill was passed by yeas 35, nays 1.
Leaves of absence were obtained for Mr. Reynolds till Monday, and Messrs. Richmond and Bennett for to-day.
On motion by Mr. BONHAM, his 7th judicial circuit court bill [S. 42] was taken up and passed by yeas 36, nays 2.
On his further motion, Mr. Richmond's 13th judicial circuit bill [S. 40] was also passed by yeas 35, nays 2.
COMMON SCHOOLS.
On motion by Mr. CASON, Mr. Kinley's bill [S. 114] amending numerous sections of the common school law was taken from the table, the question being on amendments proposed by the Committee on Education.
On motion by Mr. OYLER, the Senate resolved itself into a Committee of the Whole (Mr. Oyler in the chair, Mr. Gifford declining) for the consideration of the bill.
Section 1 proposing to amend section 5 of the common school law, being read -
Mr. CARSON moved to amend by striking out section 1 and substituting in lieu the provisions of his bill S. 109 - described on page 110 of the BREVIER REPORTS.
Mr. CUMBACK favored the amendment. He had understood that in some of the towns and cities of this State School Trustees had charged as much as $1,000 for their services, and in other places, also, large sums had been charged by these officials. A limitation should be put on the conduct of such covetous and mercenary men, whose photographs should be hung in the rogues' gallery.
The substitute was agreed to.
Section 2, amending section 6 of the present law, by providing that the county Auditor shall fill vacancies in the office of Township Trustee, was adopted.
Section 3, amending section 7 of the school law, by providing that the Trustee's report, after its passage by the County Commissioners, shall "immediately" be filed with the School Examiner, etc., was read and adopted.
Section 4, amending the present law by changing the time of Trustees' settlement with the County Board, from "March" to "June", was read and adopted.
Section 5, amending section 12 of the School law, by increasing the tax for school purposes from twenty-five cents to fifty cents on the one hundred dollars, and from fifty cents to one dollar on each poll, being read -
On motion by Mr. CASON this section was amended by a substitute for the latter clause - having reference to the Trustee.
Mr. CASON explained that section 6 of this bill, which proposes an amendment to section 14 of the school law, provides for "biennial" instead of "annual" enumerations, and strikes out the clause excluding married persons.
It was agreed to.
The committee's amendment to section 6, by striking out the following words, to-wit; "Children within their respective town- page: 230[View Page 230]ships, towns and cities, between the ages of six and twenty-one years," and substituting the following words, to-wit: "white and colored children within their respective townships, towns and cities, between the ages of six and twenty-one years," and report the same in separate lists; was agreed to, without a division.
Section 7, adding to section 16 of the present law, a proviso concerning transfers, being read -
Mr. CUMBACK moved to amend by striking out the second and last proviso, relating to extra pay for instruction in branches not enumerated in the law.
Mr. CASON and BELLAMY opposed this motion.
Mr. RICE favored the amendment.
It was agreed to.
The section, as amended, was adopted.
Section 8, amending section 17 of the school law, so as to remedy the trouble arising out of the collection of the tax on transferred scholars, was read and adopted
Sections 9 and 10, amending sections 18 and 21 of the law by striking out "annually" and inserting "biennially," were adopted
Section 11, which amends section 26 of the present law, by extending the time to fourteen months for expending the revenue for tuition, so as to provide for summer schools, was read.
The question being on the Committee amendment, giving the school meeting power to designate their teacher - as is the law now -
Mr. BELLAMY opposed the amendment because it is now a great difficulty in the way of employing good teachers. That power should be vested in the Township Trustee.
Mr. HOUGHTON and Mr. STAGGS favored the amendment.
It was agreed to.
Mr. NOYES moved to amend so that all tax payers of the disirict shall be entitled to vote at the school meeting.
On motion by Mr. NILES, the amendment was amended by excepting married women.
The amendment as amended was agreed to.
The section as amended was adopted.
Section 12, adding to section 30 of the law a provision allowing the School Examiner $1 50 per day, and making him liable to removal by the Township Trustee, was read and adopted.
Section 13, amending section 41 of the law by inserting "biennially" instead of "annually" - enumeration shall be made - was read and adopted.
Section 14, adding to section 157 two provisos concerning the custody of school property when the township may be divided, being read -
On motion by Mr. CASON it was amended by substituting for the last proviso as amendment, that township graded schools shall be owned and used jointly by the town and township in which they are situate.
The section as amended was adopted.
Section 15, which adds to section 158 of the law a proviso that the teacher shall hold a license and take care of the school house, was adopted.
Section 16, proposing a supplemental section, that the text books shall not be changed except by consent of the School Trustees being read -
On motion by Mr. CASON the section was amended by adding thereto a provision punishing any teacher who shall act as agent for any text books.
The section as amended was adopted.
The Committee's additional section numbered 17, relating to graded schools owned by townships and towns or cities jointly, was read and adopted.
An additional Committee section numbered 18, requiring teachers to be examined in the branches taught, was read and adopted.
On motion by Mr. CRAVENS, and additional section, numbered 19, was adopted, that whenever complaint is made by parent or guardian that their child has been cruelly treated by the teacher and the Trustee refuses to investigate the case, it may be appealed to the Superintendent of Public Instruction, who shall dismiss the teacher, if guilty, and said teacher thereafter shall be incapable from teaching in any of public schools of the state.
Section numbered 20 and 21, repealing conflicting laws and declaring an emergency were adopted. On motion by Mr. CASOn, the Committee rose and the chairman reported the amendments to the Senate, recommending the passage of the bill therewith.
The amendments were concurred in by the Senate.
HOUSE OF REFUGE.
Mr. RICE, from the Judiciary Committee, returned the Joint Committee's House of Refuge bill [S. 161] recommending its passage.
Mr. NILES made an ineffectual motion to make it the special order for 2 o'clock, this afternoon.
THE STATE PRINTER.
Mr. CULLEN yesterday introduced a resolution which was adopted, authorizing the appointment of a select committee, on the part of the Senate to act with a committee appointed by the House to investigate certain charges of fraud against the public printer. The Senate committee page: 231[View Page 231] appointed yesterday met with the House committee but they refused to act with us for certain reasons reason which he was not willing to state now. There seems to be a scramble over this matter and he introduced the following concurrent resolution to settle it.
Resolved, By the Senate, (the House of Representatives concurring therein) That a joint committee, consisting of three of the Senate and five members of the House of Representatives, be appointed to examine into alleged frauds on the part of the late State Printer, and said committee shall have power to send for person and papers.
It was adopted.
On motion by Mr. BELLAMY, the bill [S. 156] was referred again to the Committee on County and Township Business.
EX-SENATOR JOHN HUNT.
On motion by Mr. ROBINSON, it was -
Resolved, That Dr. John Hunt be allowed the sum of one hundred dollars for his expenses connected with the contest of the Senatorial election for the district of Madison and Grant.
WASHINGTON AND LINCOLN.
Mr. TURNER offered the following:
Resolved, That the President of the Senate appoint a Committee of three to wait upon the Librarian, and instruct him to take from the floor and re-hang the portrait of General George Washington, the Father of White Republicans, which has been taken down from its old place to make room for the portrait of Abraham Lincoln, the Father of Black Republicans.
Resolved, That in these "Latter Saint days," it would be treasonable to object te putting the two portraits on an equality.
On motion by Mr. CULLEN, it was laid on the table.
And then came a recess till two o'clock.
AFTERNOON SESSION.
Mr. ENGLISH asked and obtained leave of absence till Wednesday afternoon.
Mr. TURNER said if he had hurt the feelings of any Senator on the other side by the resolution he offered before dinner, he was sorry for it. He now offered a resolution modified so as to meet the views of every gentleman. It was as follows:
Resolved, That the Librarian be instructed to take the portraiture of George Washington from the floor and hang it in proper place.
It was adopted unanimously.
EIGHT HOURS A LEGAL DAY.
On motion of Mr. CULLEN, the special order for this hour - Mr. Kinley's eight hour bill [S. 16]- was laid on the table, the author being absent.
PETITIONS AND MEMORIALS.
Mr. REAGAN presented a petition from Henry county praying for the enactment of laws placing all men, irrespective of race or color, on an an equality before the laws, civilly and politically; which was referred to the Committee on Rights and Privileges.
Mr. WARD presented a petition from Randolph county in favor of a prohibitory liquor law, which was referred to the Committee on Temperance.
REPORTS FROM COMMITTEES.
Senate bills number 115, 125, 144, 178, and 182, the claim of John Hunt, and the joint resolution H.R. 2, were reported from committees with favorable recommendations.
Mr. WARD, from the Committee on Corporations, returned Mr. Reynolds' foreign insurance company bill [S. 127] recommending its indefinite postponement. The report was concurred in.
Mr. BONHAM, from the Committee on Banks, returned the report of the Bank of the State, and the report of the Branch Bank of the State of Indiana, recommending that they be laid upon the table. The reports were concurred in.
Mr. REAGAN, from the Committee on Claims, returned the Claim of A.P. Newkirk for twenty-five dollars for organizing the Assistant Secretary's desk at the opening of the session, with a recommendation that he be allowed $5 for one day's work in organizing the same. The report was concurred in.
THE DIVORCE LAW.
On motion by Mr. CHURCH, his bill [S. 147] amending the divorce law - see pages 153 and 154 of these BREVIER REPORTS - was taken from the table with a Committee report recommending its passage.
Mr. CULLEN hoped the report would not be concurred in.
Mr. CHURCH would like to see our laws so amended as to hold out no inducements for parties to come here from other States in order to get a divorce. Ninety-nine out of one hundred divorces obtained in this State would never be granted if the defendants knew of their pendancy and could get here to make their plea. He presented many cogent reason why, in his opinion, this bill should become a law.
Mr OYLER. This bill should be entitled An act to prevent divorces in the State of Indiana. He argued against concurrence in the report of the Committee.
Mr. CULLEN again spoke against the bill, and moved that it be referred to the Committee on the Judiciary with a recommendation to provide for publication in the county papers six weeks and a daily paper at the capital six weeks.
Mr. CHURCH replied at length to the objections urged.
Mr. CARSON while opposed to divorces in toto, preferred to let the law stand as it is.
The motion to refer was rejected.
The report was concurred in by yeas, 20; nays, 19.
THE LIQUOR TRAFFIC
The PRESIDENT announced the consideration of Mr. Wolcott's Liquor bill, [S. 46]- it being the special order for 3 o'clock this day - the question being on amendments made in Committee of the Whole. (See pages 196, 197 and 198 of the BREVIER LEGISLATIVE REPORTS)
Mr. RICE moved to postpone the special order till this hour to-morrow, in order that the Senate may take up the House of the Refuge bill [S. 161.]
page: 232[View Page 232]The motion was rejected - yeas, 11; nays, 24.
The first amendment, requiring the seller to have a petition signed by a majority of the legal voters of the town, township or ward, being read -
On motion by Mr. CASON, it was laid on the table by yeas 19, nays 18 - as follows:
YEAS - Messrs. Bellamy, Bowman, Cason, Cravens, English, Gifford, Hyatt, Johnson, Lee Niles, Noyes, Parrish, Rice, Sherrod, Staggs, Stein, Taggart, Turner and Wolcott - 19.
NAYS - Messrs. Armstrong, Barker, Bonham, Brown, Church, Cullen, Howk, Huey, Huffman, Jaquess, Lewis, Miliigan, Newlin, Oyler, Reagan, Robinson. Terry and Ward - 18.
The amendment to section 5, adding these words: "Until said applicant shall have resided in the township wherein he proposes to sell intoxicating liquors at least one year," was agreed to.
The amendment to section 7, adding the words "to be recovered in the name of the Township Trustee, on the information of any person," being read -
Mr. BONHAM moved to strike out the entire section for the same reason that he gave when making a similar motion in Committee of the Whole last Monday.
Mr. SHERROD made an ineffectual motion - yeas 13, nays 26 - to lay the bill on the table.
On motion of Mr. ROBINSON the motion to strike out was laid on the table by yeas 32, nays 7. The motion was agreed to.
The amendment to section 9 adding these words: "without a written order from parent or guardian," was agreed to.
The amendment striking out the words "until after the polls are closed," was agreed to by yeas 28, nays 12.The amendment to section 10, adding the words "on a second conviction" was agreed to.
The amendment to section 10 adding these words: "And by imprisonment in the county jail for any determined period not exceeding thirty days" was agreed to.
On motion by Mr. CASON the section was further amended by making the imprisonment discretionary - yeas 23, nays 17.
The amendment to section 11 striking out the word "knowingly" was agreed to.
The amendment to section 11 adding these words: "and be imprisoned in the county jail for any determined period not exceeding thirty days" was agreed to.
Mr. OYLER moved to amend by striking out the word "shall" in the sentence "shall add imprisonment," and inserting in lieu the word "may."
On motion by Mr. STEIN it was laid on the table by yeas 25, nays 12.
The amendment to section 12 making the imprisonment clause imperative was agreed to.
Mr. RICE moved to further amend by striking out "$25" as the mininum fine, and inserting in lieu "$5."
On motion by Mr. TERRY, it was laid on the table by yeas 27, nays 9.
Mr. CHURCH moved to insert "$10" instead of "$25."
Mr. STEIN made an ineffectual motion to lay this amendment on the table - affirmative 17, negative 18.
The amendment was agreed to yeas 31, nays 15.
The amendments adding the words, "and upon a second conviction shall forfeit his license," was agreed so.
The amendment to sections 16 and 17, striking out the word "may," in the imprisonment clause, and inserting "shall," being read -
On motion by Mr. CASON, they were laid on the table.
The amendment inserting the word "moral" in section 25 was agreed to.
On motion by Mr. OYLER, the first section was amended by striking out the word "intoxicating," and inserting in lieu the word "distilled."
Mr. PARRISH moved to add to section 15 by providing that the party licensed,and his sureties, shall be liable for damages.
Mr. STEIN regarded this as making the bill prohibitory, for with such a provision no sane man would go on a liquor sellers' bond. He moved to lay the amendment on the table.
The motion was agreed to - affirmative 15, negative 14.
Mr. ROBINSON moved, in effectually, to strike out "$100" and insert "$200," as the license fee for retailers of the second class.
Mr. ARMSTRONG moved to amend by providing that the board of county commissioners shall only grant licenses in towns or townships where a majority of voters voting shall have voted "license" at the annual election next preceding such application for license.
On motion of Mr. BONHAM, it was laid on the table by yeas 25, nays 10.
On motion by Mr. CASON, it was ordered that the bill take its place on the files.
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. CULLEN, [S. 189] to amend the act providing for collection and assessment of real and personal property, approved June 21,1852. [All losses of the State sustained by default of the Assessor, Treasurer or Auditor of any county, in failing to assess or collect taxes, the Board of Commissioners shall add such losses to the next year's tax list; County Treasurers shall give additional bond with sufficient security to indemnify the State for any such default. Also repealing section 198 of said act.] It was referred to the Judiciary Committee.
page: 233[View Page 233]By Mr. NOYES, [S. 190] providing the amount of fees allowed County Treasurers for the collection of delinquent taxes. [Allowing ten per cent.] It was referred to the Committee on Finance.
By Mr. THOMPSON. [S. 191] supplemental to an act for the incorporation of manufacturing and mining companies, approved May 20, 1852. It was referred to the Committee on Corporations.
By Mr. BELLAMY, [S. 192] to amend section 11 of the act regulating the fees of officers, approved March 2, 1855. [Increasing the fees of County Surveyors,] It was referred to the Judiciary Committee.
By Mr. ARMSTRONG. [S. 193] to amend section 28 of an act defining felonies, approved June 10,1852. It was referred to the Judiciary Committee.
By Mr. HOUGHTON, [S. 194] to amend an act to provide for the settlement of decedents' estates, approved June 17, 1852. [Amending section 76.] It was referred to the Judiciary Committee.
On motion by Mr. CUMBACK, (Mr.Oyler in the Chair) the bill S. 161, to establish a House of Refuge for juvenile offenders,was read the second time, and ordered engrossed for the third reading.
The PRESIDENT laid before the Senate a communication from the Governor, suggesting that the State Librarian bill [S. 5] just received by him is imperfect in the fact that the subject matter of the second section is not expressed in the title of the bill.
On motion by Mr. OYLER, the Governor was requested to return the bill to the Senate.
Mr. OYLER called attention to section 12 of the bill [S. 161] establishing a House of Refuge. He thought if it were allowed to remain therein the bill would fail, and it is important that it should pass. He suggested that some gentleman voting for the engrossment should move a reconsideration of that vote.
Mr. BELLAMY did so.
The motion was agreed to.
Mr OYLER moved to strike the section from the bill.
Mr. NILES resisted this motion, and gave reasons at some length why the section should be retained.
Mr. OYLER claimed to be as ardent a friend of this bill as anybody, but he was not willing to see a child sent to a House of Refnge without any trial at all.
Mr. NILES was willing to add these words to the section: "If satisfied from the evidence that such commitment is necessary."
Mr. OYLER was satisfied with that.
On motion by Mr. NILES, the section was so amended.
The bill was again ordered to be engrossed.
And then the Senate adjourned.
