IN SENATE.
TUESDAY, February 19, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. BELLAMY, the reading of the minutes of yesterday's proceedings was dispensed with.
The PRESIDENT stated that at the time of adjournment yesterday evening the Senate was under a call of the House.
Mr. BENNETT was under the impression that an adjournment destroyed the call, and that view of the question would facilitate business, for he feared that we did not have a quorum here this morning.
Mr. CRAVENS insisted that the journal should show a quorum present before any business could be transacted, as the last record revealed the fact that less than a quorum was present.
The PRESIDENT so held, and ordered the roll to be called.
Thirty-one Senators answered.
In about fifteen minutes, three other Senators appearing -
On motion by Mr. BROWN, further proceedings under the call were dispensed with.
PRIVATE BENEVOLENT INSTITUTIONS.
On motion by Mr. HANNA, the bill [H. R. 54] authorizing the formation of private benevolent institutions and establishing them as perpetuities, (under a dispensation of the constitutional restriction - yeas 34, page: 265[View Page 265] nays 0,) was ordered read the second and third times.
Mr. STEIN raised a point of order that the bill may be read only once by section,-under a suspension of the Constitutional rule. If it be read through but once, acting under a dispensation on a call of the yeas and nays, that is a fulfillment of the Constitutional requirement.
The PRESIDENT so decided.
The bill was then read once and passed the Senate by yeas 34, nays 0.
AGRICULTURAL SOCIETIES.
Mr BENNETT moved that similar action be had on the bill [H. R. 181] concerning County Agricultural Societies.
The Constitutional restriction was dispensed with - yeas 37, nays 0 - the bill was read once and passed the Senate by yeas 36, nays 0.
A NEW COMMON PLEAS DISTRICT.
Mr. STEIN, from the Select Committee thereon, returned his bill [S. 206] creating 22d Common Pleas District, to consist of the counties of Tippecanoe and Warren, with a favorable recommendation. On his motion the bill was read the second time and ordered to be engrossed for the third reading.
FULTON COMMON PLEAS.
Mr PARRISH, from the select committee thereon returned the bill [S. 202] extending the terms of the common pleas courts in Fulton county, recommending its passage.
PUNISHING GAMBLING.
Mr. NILES introduced a bill [S. 208] for an act to amend an act amending an act defining misdemeanors, etc., approved June 14, 1852, approved February 19, 1857. [Any person playing for any article of value, or betting in any way, shall be fined not exceeding $100, &c ] It was read the first time and referred to the Judiciary Committee.
CLERKS TO ISSUE WRITS OF HABEAS CORPUS.
Mr. NILES also introduced a bill [S. 209] for an act authorizing circuit and common pleas clerks to grant injunctions and issue writs of habeus corpus. It was read the first time and referred to the Judiciary Committee.
LIQUOR SELLERS AND REMONSTRATORS/
Mr. BENNETT introduced a bill [S. 110] for an act to amend section 2d of the liquor loaw of March 5, 1859; providing for appeals in cases of persons applying for license, and those remonstrating; and making trial by jury final; and authorizing appeals to the Supreme Courts. It was read the first time and referred to the Judiciary Committee.
THE PRACTICE ACT.
Mr. STEIN introduced a bill [S. 211] foran act to amend section one of an act amending section 302 of the General Practice Act. It was read the first time, and referred to the Judiciary Committee.
TAXATION FOR 1867-8.
On motion by Mr WOLCOTT, the Senate resolved itself into a Committee of the Whole (Mr. Richmond in the chair), for the consideration of the bill [H. R. 190] to raise revenue for the years 1867 and 1868 - 20 cents on each $100, and 60 cents on each poll subject by law to taxation.
The four sections of the bill were read and severally adopted.
On motion by Mr. BENNETT, the committee rose and the chairman reported the bill back to the Senate, recommending its passage.
The report being concurred in by the Senate, the bill was read the third time, and passed by yeas 37, nays 0.
RAILROADS AND ANIMALS.
On motion by Mr. HANNA, the order of business was suspended and Mr. Cumback's bill [S 182] concerning animals killed by railroads, was read the second time and ordered engrossed.
THE CALENDAR - HOUSE BILLS.
The following described House bills were read the first time and referred to appropriate committees:
The town fire-limits bill [H. R. 96.]The bill [H. R. 244] districting the State for judicial circuits.
The bill [H. R. 48] in relation to changing public highways.
The bill [H. R. 68] punishing the sale of unwholesome provisions.
The bill [H. R. 91] vacating parts of roads on county lines.
The town cemetery bill [H. R. 99.]
The plank, gravel and turnpike road bill [H. R. 101.]
The notorious adultery or fornication bill [H. R. 107.]
The sidewalk protection bill [H. R. 148.]
The compounding and concealing crime bill [H. R. 158.]
The bill [H. R. 77] increasing the salary of the 16th Judicial Prosecutor.
The city city charter bill [S.177,] and -
The joint resolution [H R. 11] concerning pensions for soldiers of the war of 1812.
The House concurrent resolution directing the Attorney General to investigate the unauthorized expenditures of the Directors of the State prison north, was concurred in.
The House concurrent resolution for the appointment of a joint special Committee on the message of the Governor concerning the Lincoln monument, was also concurred in, and the PRESIDENT makes Messrs. Milligan and Smith said Committee on the part of the Senate.
ARRESTS OF FUGITIVES FROM JUSTICE.
The message of the Governor recommending the passage of a statute on the rendition of fugitives from justice, similar page: 266[View Page 266] to the one now in force in Kentucky, was read; and the reading of the accompanying bill being called for -
Mr. NILES said, in order to avoid any technical difficulty, he would offer the bill for the consideration of the Senate.
The bill [S. 212] to regulate the arrest and the surrender of fugitives from justice, from other States or Territories, being read the first time -
Mr. TURNER moved to amend the constitutional provision, and that the bill might be put upon its passage.
Mr. BARKER stated the circumstances of the aggravated case which gave rise to the communication from the Governor, and urged the immediate passage of the bill.
The Constitutional restriction was dispensed with - yeas 37, nays 0 - ,the bill was read but once again and passed the Senate by yeas 38, nays 0.
Mr. Jaquess' bill [S. 79] for the incorporation of electric telegraph companies; Mr. Smith's bill [S. 115] providing for ditching low lands; and Mr. Terry's bill [S. 116] to amend the act governing the Insane Hospital; were read the second time and severally ordered to be engrossed for the third reading.
ROAD SUBSCRIPTION BY TOWNS.
Mr. Church's bill [S. 41] enabling towns and townships to purchase stocks in roads; being read the second time -
Mr. NILES moved to refer the bill to the Judiciary Committee, with instructions to inquire into and report whether townships have the power under the Constitution to incur liabilities such as are contemplated in the bill; and to amend the bill by providing that no monies or bonds shall be authorized or paid unless the work be completed within four years from the first signing of the petition. He spoke some time in favor of this motion.
Mr. WOLCOTT opposed the motion for the reason that the first question involved has been disposed of by the Supreme Court, and the second can be disposed of by the Senate without the intervention of a Committee.
Mr. NILES regarded this as a question as to whether the State should be plastered and shingled all over with mortages worse than any other State ever has been. It is a very grave question, and should be carefully considered.
Mr. CHURCH. Mr. President: It is not my intention to intrude my opinion on the legal question raised in the consideration of this bill against that of the Senator from Laporte, [Mr. Niles] but simply to suggest that this bill was introduced in the early part of the session, has received the favorable consideration of two committees, and that the reference now to another committee for the purpose of the consideration of the proposed amendments, at the suggestion of the Chairman, who is opposed to the bill upon its merits, as he has just now declared in his argument, would have the effect of so delaying the bill as to defeat its passage. This bill received from each of the committees careful consideration, and was submitted to many leading lawyers in the State, eminent for their learning in the law, in no way connected with the interest of railroad monopolies, equal in numbers and legal ability to the Committee on the Judiciary, who were of the opinion that it was in strict harmony with the Constitution.
The bill is well guarded, and there are many reasons why counties should not, as such, subscribe stock to enterprises of the kind named in the bill, which do not apply or exist, as against towns and townships. Citizens of one township may be much interested in the location of a railroad to points named in a petition, while in other portions of the county such location would be of no advantage. By the terms of this bill, the persons most interested, and those who pay the taxes to be imposed, and who are to receive the benefits of the improvements named in the petition, the owners of the real estate to be improved thereby, are the persons to whom the proposition for taxation is submitted. I believe, sir, that the persons most to be affected by a proposed enterprise are as capable of calmly considering the propriety of the same as are Senators upon this floor, that we are not here simply for the purpose of protecting our constituents against the result of their own deliberate acts. If the people desire to "shingle over their farms with mortgages," as the Senator from Laporte seems to fear, I for one am inclined to suffer them to have their own way until they shall manifest a desire to have me for their guardian as well as Senator. I hope the motion of the Senator from Laporte will not prevail.
The motion to refer was rejected by yeas 17, nays 18.
The bill was ordered engrossed.
FIFTH JUDICIAL CIRCUIT.
On motion of Mr. CUMBACK,(Mr. Noyes in the chair) the 5th Judicial Circuit Court bill [H. R. 293] just reported from the House, was read the first time; the constitutional provision was dispensed with - yeas 35, nays 1. the bill was read again but once and passed the Senate by yeas 31, nays 1.
Mr. Barker's bill [S. 125] declaring abandoned certain unfinished railroads, &c., was read the second time and ordered engrossed.
On motion by Mr. RICHMOND, his bill [S. 54] authorizing the assessment of all page: 267[View Page 267] lands within one and a half miles of any plank, gravel or turnpike road, &c., (which failed for want of a constitutional majority, just before the adjournment last Friday,) was voted on again, the ballot resulting, yeas 26, nays 7
No quorum voting -
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
The roll call on the passage of the bill pending at the recess was continued till the President announced the result - yeas 27,nays 7. So the bill passed.
COUNTY SURVEYORS' FEES.
On motion of Mr. BELLAMY, his bill [S 192] increasing the fees of county surveyors twenty-five per cent, was taken up, read the second time and ordered to bee ngrossed for the third reading.
COMMON SCHOOLS.
Mr. Kinley's bill [S. 114] amending several sections of the common school law pages 229 and 230 of the BREVIER LEGISLATVIE REPORTS,) coming up in order, when section 1 was read.
Mr. BELLAMY moved to amend section 1 by changing the form of bond, and prescribing who shall be the officers of the Board of Trustees, &c.
The amendment was agreed to.
When section 7 was read -
Mr. BELLAMY moved to amend by restoring the provision struck out in Committee of the Whole Senate.
Mr. RICE preferred the section should remain as it is.
The amendment was rejected.
When section 15 was read -
Mr. BELLAMY moved to strike out the words: "shall hold a valid license from the proper State or county authority."
Mr. CASON hoped the amendment would prevail for a good many reasons. Unless some guard of this sort was in the bill incompetent teachers would be employed.
Mr. CHURCH named other objections.
The amendment was rejected.
When section 16 was read -
Mr. BELLAMY offered a substitute: The State Board of Education shall examine and select a series of text books, &c.
Mr. CUMBACK (Mr. Bonham in the chair) hoped the substitute would be adopted if it will effect the object, viz: prevent the frequent change of text books.
The substitute was adopted on a division.
When section 18 was read -
On motion by Mr. ARMSTRONG, it was amended by providing "that no examiner ,shall publish or cause to be published in advance of examinations the questions which shall be asked the applicant for license."
When section 19 was read -
Mr. BELLAMY moved to strike it out, for the reason that substantially the same matter is contained in sections 28 and 36 of the old law.
Mr. BENNETT moved to refer the whole matter to the Committee on Education. The bill has been so cut up by amendments, it is a difficult matter to understand what its provisions now are.
Mr. CUMBACK. The Committee have devoted a great deal of time and attention to the bill, and most of the amendments are those proposed by the Committee. He thought it, therefore unnecessary, and could see no good that would be accomplished by a recommitment.
Mr. BENNETT withdrew his motion.
Mr. CASON favored the motion.to strike out - especially the provision of the section allowing an appeal to the Superintendent of Public Instruction.
Mr. CRAVENS desired to have a hand in perfecting this bill, and as this was the only amendment he had offered, he hoped it would not be stricken out. He read it from page 230 of these reports, and could not see how anybody can object to it. He recited a case showing its necessity.
The motion to strike out was rejected.
The bill having been read through -
Mr. BELLAMY offered an additional section:
It shall be the duty of the School Trustee after making an enumeration of white and colored children, to set apart a portion of the school fund for the education of the colored children; to bear the same ratio to the whole amount of the school fund as the colored children bear to the whole number of children enumerated. A school to be organized when fifteen or more colored children can be accommodated at one time.
Provided, however. That if no tax has been assessed or levied on the colored inhabitants of the State for school purposes, then no portion of the said revenue shall be set apart for the purpose indicated, and the said Trustees shall not be required to provide such schools as required in this section.
Mr. SHERROD moved to lay this section on the table. The motion was rejected by yeas 13, nays 24 - as follows:
YEAS - Messrs. Barker,Bowman, Hanna, Howk, Huey, Huffman, Humphreys. Lee, Newlin, Sherrod, Smith, Stagg and Taggart - 13.
NAYS - Messrs. Armstrong, Bellany, Bennet, Bonham Cason, Church, Cravens, Houghton, Hyatt. Jaquess, Lewis, Milligan, Niles, Noyes, Parrish. Reagan, Rice, Richmond, Robinson, Stein, Terry, Vawter, Wolcott, and Mr. President - 24.
Mr. VAWTER said the committee had agreed that if one tax payer should object, no colored children should be admitted in the school. With such an amendment he would vote for the section. He proposed the following amendment:
"Provided, When there is no opposition by any tax payer or patron of the, school said negro page: 268[View Page 268] children may be admitted upon equal terms in the public schools, but where there is such opposition they shall not be."
Mr. BELLAMY accepted the amendment.
Mr. HANNA made an ineffectual motion - yeas 14, nays 24 - to lay the section as amended on the table.
The section as amended was adopted by yeas 23, nays 14.
Mr. CUMBACK objected to the provision in the bill requiring school trustees to be elected by the people. He preferred the section reported by the Committee on Education which requires school trustees to be appointed, &c. He moved to substitute the Committee's section 1, for the section 1 as amended in Committee of the Whole.
Mr. NILES was inclined to favor the proposition for election by the people. He favored that plan on principle. He believed that the people can be trusted, For the sake of the symmetry of our system - carrying it out in harmony - he hoped the substitute would not be adopted.
Mr. BONHAM always opposed mingling politics with education - there is entirely too much of it done now. Ordinarily a politician will not make a good trustee. Common councils, he took it, would generally select the best man of the town, and without much reference to politics. Good trustees the best men of the county - will not allow their names to be hawked in a political nominating convention for such a position.
Mr. CRAVENS could not see how a political complexion can be avoided in this matter by giving the selection of these school trustees to men elected solely upon their political opinions.
Mr. SMITH thought the people competent to manage this matter, and he preferred that the bill should remain as it is.
Mr. RICE would prefer trusting the common council; they are better prepared to appoint proper men than the poople are to elect. Parties always look to the most available man - the man who could carry the most votes - and the selection would be apt to fall upon a man who does not take the interest he ought to in this subject.
Mr. BENNETT, looking at this matter as it is, and not as it ought to be, favored the proposed change. If left to the people the School Trustee would be selected by two or three leading politicians and not by the mass of voters. If left in the hands of the Council they are known and are responsible, while these bar-room politicians are not known and are irresponsible.
Mr. CASON took a similar view upon which he based an argument against the provision in the bill, and in favor of the substitute.
Mr. NILES again presented reasons for retaining this provision in the bill as it is- leaving these elections to the people.
Mr. CHURCH thought by leaving this office to be filled at an election by the people it was likely to be traded. He believed this matter ought to be left to the Commons Council.
The substitute was adopted by yeas 20, nays 17.
The amendments, as a whole, were then agreed to by the Senate.
The bill was ordered engrossed.
Mr. HANNA, from the Committee on Corporations, returned Mr. Richmond's masonic building bill [S. 175], recommending its passage.
On motion by Mr. NOYES, the 14th Judicial Circuit bill [H. R. 12] was read the third time, and passed the Senate by - yeas 29 nays 9.
TWENTY-SECOND OF FEBRUARY.
Mr. WOLCOTT, by leave, offered the following:
WHEREAS, The 22d day of February now approaching, brings again to us the anniversary of the birthday of that wise statesman and most illustrious patriot, George Washington; whose name will be honored and revered among men as long as pre-eminent virtues am exalted greatness of character shall command respect; and,
WHEREAS, It is both proper and customary for men to commemorate by public demonstrations, the memory and the anniversary of the birth of those who have greatly served their country and been benefactors of their race. therefore, be it
Resolved, by the Senate and House of Representatives of the State of Indiana, That in honor of the birthday of Washington, the Adjutant General be, and he hereby is, directed to cause & national salute of thirty-six guns to be fired in front of the State House at twelve o'clock on the next ensuing 22d day of February.
It was adopted.
THE ADJUTANT GENERAL'S REPORT.
Mr. CASON offered the following:
Resolved by the Senate, (the House of Representatives concurring), that the State Librarian be directed to furnish to each of the employees of this General Assembly, who has served in the army or navy for the suppression of the late rebellion, one copy each of each volume of the Adjutant General's Report.
The resolution was adopted, by yeas 31 nays 3.
Mr. CRAVENS, from the Committee on Corporations, returned Mr. Thompson's bill [S. 191] supplemental to the act for the incorporation of manufacturing and mining companies, recommending its passage.
TRUSTEES OF BENEVOLENT INSTITUTIONS.
Mr. BENNETT offered a concurrent resolution that the General Assembly proceed, on Thursday, February 21, at 2 1/2 o'clock P. M., to elect the Trustees of Benevolent Institutions, by separate concurrent vote.
Mr. CRAVENS objected to the adoption of the resolution. As acting chairman of the Committee on Benevolent Institutions, page: 269[View Page 269] he stated that they were engaged in investigating charges against one of these asylums, and it would be imprudent now to proceed to this election. It would be proper not to rush with any unnecessary haste in this matter. In reply to an interruption by Mr. Bennett, he stated that there was a little item of $10,000 in the financial report of one of these institutions not yet accounted for; and he enumerated other matters that were proper subjects for the attention of the committee. These matters may be all cleared up and they may not.
Mr. HOUGHTON, as one of the members of the committee, stated that the newspaper charges have been investigated, and not one substantiated. If there were any new charges he had no knowledge of them.
Mr. BENNETT objected to this committee hunting up other charges, after the news paper charges have been proved untrue. If the committee are going to investigate the charges made by Tom, Dick and Harry, we will never get to this election.
Mr. HANNA. The chairman of the committee on this floor informs us that there is a likelihood of some of these charges being proved true, and he insisted that to force this election at this time would be in bad taste.
Mr. CRAVENS stated that the Senator in Martin [Mr. Houghton] was not present at the last meeting, when a new witness was examined. At the meetings the Senator attended the examinations were ex parte.
Mr. BENNETT insisted that this investigation could go on just as well after the election, as there has been no charges preferred against the gentlemen we propose to elect.
On motion of Mr. HANNA the resolution was laid on the table by yeas 26, nays 10.
Mr. HANNA, from the Committee on Corporations, returned Mr. Wolcott's bill [S. 153] for the incorporation of religious societies, recommending its passage.
And then the Senate adjourned.
