IN SENATE.
WEDNESDAY, February 20, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. JOHNSON, the reading of the minutes of yesterday's proceedings was dispensed with.
PETITIONS AND MEMORIALS.
Mr. BENNETT presented a petition from four hundred citizens praying for the repeal of all black laws, &c., which was referred to the Committee on Rights and Privileges.
Mr. WARD presented a temperance petition, which was referred to the Committee on Temperance.
[Mr. Taggart was granted leave of absence for the balance of the week.]
Mr. STEIN presented a memorial and letter from John Pettit, remonstrating against the passage of the bill H. R. 216, claiming that it would damage him to the amount of $8,800, &c., and praying that his memorial may be printed.
On motion by Mr. S., these papers were referred to the Judiciary Committee.
Mr. TURNER presented a remonstrance from Knox county against the passage of a prohibitory liquor law, which was referred to the Committee on Temperance.
CONGRESSIONAL APPORTIONMENT.
On motion by Mr. BENNETT, the amendments of the House of Representatives to the Congressional Apportionment bill [S. 1printed on page 217 of the BREVIER REPORTS] striking "Monroe and Lawrence" from the fifth district, and inserting page: 277[View Page 277] "Putnam in lieu; and striking "Putnam" from the sixth district, and inserting "Monroe and Lawrence" in lieu; were concurred in.
The bill [H. R. 130] prescribing penalty for house burning to defraud insurers, was read the first time and passed to the second reading
NEW JUDICIAL CIRCUITS.
Mr. STEIN, from the select committee thereon, returned the bill [H. R 244] districting the State for Judicial Circuits, recommending its passage with amendments striking "Clinton" from the 8th Circuit and inserting "Warren" in lieu; striking "Fulton" from the 12th Circuit and placing it in the 9th; and striking "Warren" from the 19th Circuit and inserting "Clinton" in lieu.
Mr. HOUGHTON hoped the Senate would not pass this bill creating new circuits, and thereby add to the expenses of the State. There is an effort being now made to get the State out of debt, but if this class of bills are allowed to pass, that effort will prove fruitless. There has not been a time in the last fifteen or twenty years when there is so much need for economy as now. And the greatest proportionate amount of taxation must fall on the farming community - a class that our legislation here should be shaped so as to protect.
Mr. BENNETT. Cheapness is not always economy. There are districts where it is impossible, under the present arrangement to complete the business that comes before the Courts, and the State under the Constitution must pay for it.
Mr. JOHNSON was satisfied the Judges in his district were not overworked; and he opposed this increase of circuits.
Mr. TURNER also opposed the passage of the bill.
Mr SMITH, as a matter of economy, was inclined to think it were better to increase the number of circuits, so that the courts can finish their business at every term.
Mr. BELLAMY was in favor of increasing salaries so as to secure first class lawyers on the bench, but opposed the passage of the bill.
Mr. STEIN desired to lighten the burdens of the State, but the argument of economy goes in favor of this bill. He urged its necessity, and hoped the committee amendments would be concurred in.
On motion by Mr. STEIN, the order of business was suspended and the bill read the second time.
Mr. HOUGHTON offered the following:
WHEREAS, The Chairman of the Committee on Benevolent Institutions is indisposed, and unable to meet with the committee; therefore,
Resolved, That the President of the Senate appoint an additional member to act on said committee for the remainder of the session.
It was adopted, and the PRESIDENT appointed Mr. Church as said additional member.
FRIENDLESS FEMALES.
Mr. NILES introduced a bill [S. 213] for an act concerning the punishment of women and girls convicted of crimes, misdemeanors or violation of any city ordinance, which was read the first time and referred to the Judiciary Committee.
GUBERNATORIAL SUCCESSION.
Mr. NILES from the Judiciary Committee, returned Mr. Cravens' bill [S. 164] declaring who shall be Governor in case of the vacancy of the office of both Governor and Lieutenant Governor, recommending its passage.
On his motion the bill was read the second time, and under a dispensation of the constitutional restriction; yeas 35, nays 2 the bill was read the third time and passed by yeas 38, nays 0.
On motion by Mr. PARRISH the order of business was dispensed with and the Senate proceeded to the consideration of bills on the third reading.
PREACHERS' AID SOCIETY.
On motion of Mr. CUMBACK the M. E. Preachers' Aid Society bill [H. R. 2] authorizing said society to pay over its assetts and cease to exist after January 1, 1868; was first read the third time.
Mr. CUMBACK. (Mr. Gifford in the chair.) It will be observed by the Senate from the reading of this bill, that when this Preachers' Aid Society was organized there was but one Conference of the Methodist Church; since then the church has so increased that it has become necessary to have four conferences. This Aid Society is now inconvenient as at present organized. This bill divides the funds equally between the conferences, and gives them in the future the management of the funds for the benefit of superannuated preachers in their bounds. I can see no possible objection to the passage of the bill. It passed the House over a month ago.
The bill was then finally passed by yeas 33, nays 7.
TAXATION BY CITIES AND TOWNS.
Mr. Kinley's bill [S. 111] authorizing cities, towns and townships to levy a tax for school purposes not exceeding 25 cents on $100, and 25 on each taxable poll, was read the third time and passed by yeas 28, nays 11.
PUNISHING PICKPOCKETS.
Mr. Stein's bill [S. 35] amending sections 19 and 20 of the felony act of June 20, 1852, so as to give the jury discretion to imprison page: 278[View Page 278] six months; repealing the disfranchising provision, and making pocket-picking grand larceny, was read the third time and passed by yeas 29, nays 27.
[Leave of absence was granted to Mr. Rice till Tuesday morning]
ROAD SUBSCRIPTION BY TOWNS.
Mr. Church's bill[S. 45] enabling towns and townships to purchase and hold stock in turnpike, rail and other roads, being read the third time -
Mr. NILES looked upon it as a novel measure of the greatest magnitude, and as involving a great constitutional question. No such bill would have ever originated except with reference to some special cases - pet and favorite measures of certain parties. He spoke for some time in opposition to the bill.
Mr. RICE said that such a measure as this was actually required to develop the counties he represented; and of course his constituents were deeply interested in this bill. He favored the bill also on principles of equity and right.
Mr. TERRY opposed the bill, holding it to be sacred right for every man to spend his money as he pleased, without compulsion by a majority of voters of a township, & c.
Mr. CHURCH said that the bill was well guarded, and that he considered the citizens of any township fully capable of protecting their own interests without the guardian care of Senators. This is really asked for by the people as a protection against railroad monopolies, enabling the citizens of any township or incorporated town to aid in the construction of competing lines of railroads, thereby reducing the price of freights and making it to the interest of railroad companies to accmmodate the people along the line of their roads.
Railroad monopolies as well as railroad attorneys are expected to oppose the bill, nevertheless the people demand it. It is not as the Senator from Laporte [Mr. Niles] has said, a local matter. Citizens of the counties of Porter, Parke, Vermillion, Fountain, St. Joseph, Jasper and others, are asking it, and citizens of Laporte county are asking it. In fact the bill under consideration was drawn by citizens of Laporte county, who are loudly demanding its passage, and who perhaps would have expected the assistance of their Senator, but for the fact that he is the attorney for the Michigan Southern Railroad Company which would not be benefited by the building of competing lines. Cities are now authorized to assist in the construction of internal improvements, which they do in the corporate capacity, and are thereby enabled to successfully compete, with money and credit, for the location of railroads against the interests of incorporated towns and townships, for the reason that towns and townships can not, in a corporate capacity donate or subscribe to the stock of such roads. Cities are parts of townships, and in many instances, the benefits occurring on account of such improvements are greater to the farms surrounding the city than to property in the city; and it is not unfrequently the case that such lands are held by a set of miserly fogies, who should never by private enterprise aid in anything which would cost them a dime, were the advantages to the country a thousand times as much. This bill is intended to reach such men; and I am not sure but the Senator from Laporte sees something personal in this. I am confess my hesitation and want of confidence in the rectitude of a Senator's intentions who dares not trust his constituents to decide questions of "great magnitude" indeed, by not greater to any than to persons to whom the question or project is submitted, many of whom are not only as well qualified to attend to their own business, but would as honorably and as ably discharge the duties of a Senator, as would the Senator from Laporte or Porter. Can not Senators see that the cry of "tax! tax!" is but the sound of an alarm intended to frighten those sensitive upon that point, away from the real objects and merits of the bill, when not a dollar can ever be raised by taxation, until a majority of the people who pay the tax are consulted at home as to the propriety of the tax, and an abundant opportunity is offered for all who object to button-hole his neighbor upon the impropriety of the investment? Is not much of the opposition to this bill the voice of railroad monopolies, speaking through Senators upon this floor?
The bill was then finally passed the Senate, by yeas 30, nays 7.
Mr. Reynolds' bill [S. 75] coming up, without an enacting clause, it was recommitted to the Committee with instructions to supply the omission.
On motion by Mr. VAWTER the school bill [S. 114] was made the special order as soon as it can be engrossed.
SENATE BILLS FINALLY PASSED.
Mr. Thompson's bill [S. 76] increasing the salaries of the prosecuting attorneys of Criminal Circuit Courts $1,000, to be paid out of the several county treasuries, being read the third time -
Mr. CASON explained its necessity - stating that it was entirely local in its operations - affecting at present only the county of Marion, &c.
The bill was passed by yeas 32, nays 6.
Mr. Jaques's bill [S. 79] to provide for the page: 79[View Page 79] incorporation of electric telegraph companies in the State of Indiana, was read the third time.
On Mr. HANNA'S suggestion Mr. JAQUESS moved to refer the bill to a select committee of three, with instructions to incorporate a section condemning lands - giving the corporation power to acquirerights of way, &c.
The motion was agreed to, and the PRESIDENT makes Messrs. Jaquess, Hanna and Niles said Committee.
Just previous to the recess for dinner the Committee reported the additional section, and the bill was passed by yeas 35, nays 0.
Mr. Howk's bill [S. 86] authorizing any church conference, synod, presbytery or other chief judicatory to elect Trustees, who shall become a body corporate under the act of February 28, 1855, for the incorporation of high schools, academies, &c; being read the third time -
Mr. HOWK explained its provisions.
It was then passed by yeas 37, nays 0.
Mr. Howk's bill [S. 89] to provide for the incorporation of steam packet companies, being read the third time -
Mr. HOWK explained its provisions.
It was then passed, yeas 35, nays 0.
Mr. Johnson's bill [S. 92] amending section 22 of the town incorporation act, approved June 11, 1852 - described on page 105 of these reports - being read the third time -
Mr. JOHNSON explained that its only object was to enable incorporated towns to raise revenue from drinking saloons by levying an additional license fee.
The bill failed for want of a constitutional majority - yeas 18, nays 11.Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Leaves of absence were obtained for Messrs Mason and Carson, on account of sickness.
Mr. WARD presented a temperance petition, which was referred to the Committee on Temperance.
Mr. CASON, from the Committee on Education, returned Mr. Huffman's bill [S. 181-described on page 198 of these Reports] and Mr. Thompson's bill [S. 143 - see page 153]recommending their passage.
On the motion by Mr. CASON these two bills were read the second time and severally ordered engrossed for the third reading.
Subsequently -
On motion by Mr. ARMSTRONG the constitutional restriction was dispensed with - yeas 35, nays 0 - the bill read the third time and passed by yeas 35, nays 2.
Mr. CRAVENS, from the Committee on Corporations, returned Mr. Jaquess' bill [S. 174] amending the Evansville City Charter, and the bill H. R. 177 [title not read] recommending their passage.
Mr. Stein's bill [S. 142] to pay $57,258 00 to Morehead, Hall & Co., H. G. Wright and Jacob Backus, being read the second time -
On motion by Mr. NEWLIN it was recommitted to the Committee on Rights and Privileges.
Mr. Kinley's bill [S. 140] authorizing insurance companies to re-insure their risks and close up their business; Mr. Milligan's bill [S. 141] declaring drunkedness a misdemeanor; and Mr. Reynolds' grape vine plank road bill [S. 148 - described on page 154 of these Reports] were read the second time and severally ordered engrossed for the third reading.
Mr. Turner's bill [S. 151] regulating suits on hand of guardians removing from the State, being read the second time -
On Mr. TURNER'S motion the constitutional restriction was dispensed with - yeas 34, nays 0and his bill was read the third time.
Mr. TURNER explained that it was to meet cases where the non-resident guardian was expending the money of his wards, and his securities were placing themselves in a position to be irresponsible.
The bill was passed, by yeas 36, nays 0.
Mr. CHURCH, from the Committee on Rights and Privileges, returned Mr. Reynolds' bill [S. 75, ] for the incorporation of slack-water navigation companies, with an amendment prefixing an enacting clause.
On motion by Mr. CHURCH the bill was considered as engrossed, read the third time, and passed by yeas 38, nays 0.
On motion by Mr. STEIN, hiss bill [S. 206,] creating the 22d common pleas district, to be composed of the counties of Tippecanoe and Warren, was read the third time and passed, by yeas 37, nays 1.
Mr. NILES, stating that he desired to submit a resolution which involves a question of some $50,000 a year to the State, obtained leave to offer the following:
Resolved, That the Committee on Education be instructed to inquire into the expediency of repealing the law authorizing a tax for the support of township libraries, and of diverting the moneys already collected or assessed for that purpose, into the treasury of the State for general purposes, with leave to report, at any time, by bill or otherwise.
It was adopted.
On motion by Mr. BARKER, his bill [S. 125] declaring abandoned certain, unfinished railroads, etc., was read the third time.
Mr. NILES suggested a case, and desired information as to how this bill would affect it.
Mr. HANNA stated that he drew the bill at the request of the Senator from Pike, page: 280[View Page 280] [Mr. Barker] and the only object was to constrain railroad organizations to go forward with the work in good faith.
The bill was passed by yeas 32, nays 4.
On motion by Mr. RICHMOND, his bill [S. 47] authorizing County Boards to make appropriations in aid of manufacturing establishments and machine shops, taken from the table and referred to the Committee on County and Township business.
Mr. Reagan's bill [S, 165] allowing appraisers three dollars per day was read the second time and ordered engrossed.
Mr. Robinson's bill, [S. 152] legalizing certain county bounty bonds, being read the second time -
Mr. ROBINSON represented that this bill is so framed as to affect no county but his own, and of course his people were very much interested in it.
On his motion the Constitutional restriction was dispensed with - yeas 35, nays 0 - the bill read the third time and passed by yeas 36, nays 0.
Mr. Reagan's bill [S. 169] to provide for official visitations and inspections of the Prisons and Benevolent Institutions of the State; Mr. Wolcott's Warren Circuit Court bill [S. 171]; and Mr. Huey's bill [S. 174] for the relief of Peter and Benoni Wells, were read the second time and ordered engrossed for the third reading.
Mr. Richmond's Masonic Building bill [S. 175] being read the second time -
Mr. BENNETT explained that this bill, while general in its character, was for the purpose of enabling the Masonic Order to build a magnificent building in this city, and as they were anxious to get at work on it,he moved that the Constitutional restriction be dispensed with and that the bill be read the third time now.
The restriction being suspended - yeas 36, nays 0 the bill was read the third time and passed by yeas 38, nays 0
Mr. Taggart's Bastardy bill [S. 168]; Mr. Stein's bill [S, 176] requiring railroads to erect signs at all highway crossings; Mr. Hanna's bill [S. 180,] regulating the care of lunatics till their removal to the asylum; and Mr. Niles' bill [S. 185] authorizing Circuit and Common Pleas Judges to appoint receivers in vacation, were read the second time and ordered engrossed.
Mr. Thompson's bill [S. 191] supplemental to the act of May 20, 1852, for the incorporation of manufacturing and mining companies^ being read the second time -
Mr. CRAVENS moved to amend by providing that no charter of any mining or manufacturing company shall be forfeited prior to February 1, 1867, for anything done prior to that time, unless declared to be forfeited by competent authority.
The amendment was agreed to.
The bill was ordered engrossed.
Mr. Hanna's bill [S. 178] to regulate the assessment and collection of taxes on the capital stock owned in banking associations. Mr. Terry's Fulton Common Pleas bill [S. 203], and Mr. Cullen's bill [S. 184] for the relief of Louis Eckelberger, Darr and Jackson, Peter Hollowell and Abraham Briggs, were read the second time and ordered engrossed.
Mr. CUMBACK (Mr. Richmond in the chair,) moved to take up the bill [S. 182] to amend section 3 of an act to provide compensation to owners of animals killed by railroad cars, &c., approved March 1, 1853, and put it upon its passage.
'The PRESIDING OFFICER doubted whether a quorum was present.
Mr CUMBACK then demanded a call of the Senate.
It was ordered and being taken, 34 Senators answered to their names. Messrs. Stein, Turner and Ward were excused on account of indisposition.
The bill S. 182 was then read the third time
Mr. CUMBACK explained that under the laws now, railroad companies are held responsible for all animals killed by their cars or locomotives, without any reference to the question of negligence. Under that view no person is interested in keeping his stock off the track, and in that way life and property is put in jeopardy. This bill puts the railroad company on the same footing with everybody else - they being responsible for damages only in cases of negligence.
Mr. BENNETT moved to recommit the bill with instructions to inquire into the expediency of amending it as follows:
1st. Service shall not be made on any conductor, engineer or attachee of the road, whilst the Company charged have a Resident Depot Agent and office in the county ; but service must first be made on him, either personally or by leaving a copy at the office.
2d. That the provisions of this act shall not extend to animals estray, or to animals running at large in any town or city, unless wilful negligence is charged and proven against the company.
3d. That on the killing of any stock by any railroad train, the owner thereof shall first notify the Resident Depot Agent, and that the stock so killed shall be appraised by two disinterested appraisers ; and on the payment of the appraised value by the company, the right of action shall cease. Each party to appoint, one appraiser, and if they can not agree, they shall appoint an umpire.
Mr. CUMBACK hoped the Senator would not press this amendment. At this late day of the session he feared if the bill were recommitted, that would be the end of it.
Mr. ARMSTRONG was sorry, from personal considerations, that he would be compelled to vote against the bill. It is out of the question for farmers to keep up their stock, and cattle will inevitably wan- page: 281[View Page 281] der in the woods, and graze along the lines of railways unless the roads are so fenced as to keep them out.
Mr. CASON regarded this bill as a step in the right direction. Every guard should be placed for the preservation of lives of traders and as much as possible we should legislate to insure their safety.
Mr. CRAVENS also favored the bill characterizing it as a stagger in the right direction.
The motion to recommit was rejected upon a division - affirmative 12, negative 14.
Mr. BELLAMY was of opinion that no Senator could favor such a bill, unless he were an attorney of a railroad or in some other way particularly interested. He did not believe if this bill shall become a law that the owner of any animal killed thereafter by railroads would ever recover pay for his loss.
Mr. HOWK believed in putting these companies on the same footing with individuals - making them just so far responsible and no further. Believing the provisions of the bill correct in principle he urged its passage.
The bill failed to pass for want of a constitutional majority - yeas 17, nays 17.
On motion by Mr. HANNA, amended, by Mr. CUMBACK, it was
Ordered, That when the Senate adjourn, it adjourn to meet at 2 1/2 o'clock to-morrow afternoon
Mr. NILES, from the Judiciary Committee, returned his bill [S. 213] concerning the protection of women and girls, (introduced this morning) recommending its passage.
Mr. CUMBACK moved to dispense with the constitutional restriction, and put the bill on its passage now, for it is a measure which addresses itself to the sympathies of every man. He sincerely hoped it would pass.
Mr. NILES explained its provisions.
The constitutional provision was suspended - yeas 35, nay 0 - the bill read but once, and passed the Senate by yeas 34, nays 2.
Mr. Carson's Niagara Ship Canal joint resolution [S. 2], and Mr. Wolcott's joint resolution [S. 5], directing the burning of bills of broken and closed banks, &c., were severally read the second time.
On motion by Mr. BONHAM, the Hous amendments to his Seventh Judicial Circuit bill [S. 42] were concurred in.
And then the Senate adjourned till half pas two o'clock to-morrow afternoon.
