IN SENATE.
FRIDAY, February 22, 1867.The Senate met at 9 o'clock A. M.
On motion of Mr. BONHAM, the reading of the minutes of yesterday's proceedings was dispensed with.
Leave of absence was granted Mr. Lee, called away by sickness in his family; also, to Mr. Houghton, on account of sickness.
On motion by Mr. CUMBACK, (Mr, Cravens in the Chair,) the bill [H. R. 272] creating the 22d Common Pleas District, comprising the counties of Rush, Decatur and Ripley, was read the first time.
Subsequently, on his further motion, the constitutional restriction was dispensed with - yeas 34, nays 0 - the bill was read but once again, and passed the Senate by yeas 32, nays 0.
PETITIONS AND MEMORIALS.
Mr. OYLER presented two petitions signed by 250 and 150 voters of Johnson county, praying for the enactment of a law prohibiting the exercise of the elective franchise by all who have borne arms against the Government of the United States. They were referred to the Committee on Military Affairs.
Mr CHURCH presented a petition from leading citizens of Porter county, praying for the passage of Senate bills 80 and 81, or similar bills, for the reorganization of courts. It was referred to the Committee on Organization of Courts of Justice.
Mr. TERRY presented a petition from citizens of Fulton county, praying for the passage of a law prohibiting the traffic in intoxicating liquors. It was referred to the Committee on Temperance.
Mr. REAGAN presented a memorial from students of Asbury University on the subject of a State Agricultural College, which was referred to the Commitee thereon.
COUNTY TREASURERS' FEES.
Mr. BONHAM, from the Committee on Finance, returned Mr. Noyes' bill [S. 190] allowing ten per cent, to treasurers for the collection of delinquent taxes, recommending its passage with an amendment adding an additional section requiring the treasurer to visit the residences of delinquents, etc.
On motion by Mr. NOYES the bill was read the second time and ordered engrossed for the third reading.
REPORTS FROM COMMITTEES.
Mr. WOLCOTT, from the Committee on Finance, returned Mr. Bonham's bill [S. 200] legalizing certain acts of T. B. McCarty, Auditor of State - described on page 259 of these Reports - recommending its passage.
Mr. BENNETT, from the Judiciary Committee, returned the unwholesome provisions bill [H. R. 63] and the notorious adultery bill [H. R. 107] with favorable recommendations.
On his motion they were read the second time and passed to the third reading.
Mr. CASON, from the Judiciary Committee, reported back his bill [S. 186] supplemental to the act for the settlement of decedent's estates, recommending its passage.
On his motion it was read the second time and passed to the third reading.
Mr. PARRISH asked and obtained leave of absence for the Committee on Military Affairs, to meet with the House Committee.
Mr. BENNETT, from the Judiciary Committee, returned his Liquor Sellers' and Remonstrators' bill [S. 210,] recommending its passage.
On his motion the bill was read the second time and ordered engrossed for the third reading.
Mr. BENNETT. The Liquor law of 1859 bad no provision with regard to appeals, and the Legislature of 1861 attempted to supply that defect by an act of which this is amendatory, giving either party the right of appeal; but they put in a provision that the appeal should be final - there should be no appeal to the Supreme Court, upon the ground that the then existing Supreme Court would favor the petitioner for license. He thought it an unjust provision at the time, and he thinks so now. Appeals to the Supreme Court should be granted in these kind of cases, as well as all others, in order that there may be a uniform decision all over the State. This bill simply proposes to amend the law of 1861, so those appeals can be taken by either party.
Mr. HOWK, from the Judiciary Committee, returned Mr. Cason's bill [S. 126] proposing a school tax amendment to the State constitution, and the bill [H R. 91] vacating portions of highways on county lines, with favorable recommendations.
Mr. NILES, from the Judiciary Committee, returned the Compounding and Concealing Crime bill [H. R. 158], recommending passage. He also reported a substitute for the bill providing for a republication of Blackford's Reports, which authorizes the Clerk of the Supreme Court, under the direction of said court, to purchase 500 copies, to be edited by F. A Davis, at a price not to exceed $3 for each copy. He also reported a substitute for Mr. Hanna's bill [S. 122] regulating the practice of dentistry. He also returned his own bill [S. 205] and Mr. Hannas's bill [S. 179] concerning writs of habeas corpus, recommending that they lie on the table. This report was concurred in.
Mr. STEIN, from the Judiciary Committee, returned Mr. Carson's bill [S. 196] authorizing a commission to inquire into the finances of the-rate, recommending that it lie on the table. The report was concurred in.
Mr. GIFFORD, from the Committee on Rights and Privileges, returned the bill [H. R. 99] empowering County Boards to convey territory to towns and cities, recommending its passage.
Mr HANNA. from th Committee on Corporations, returned Mr. Huffman's bill [S. 188] concerning the assessment of railroad property for taxation, recommending that it lie on the table, page: 296[View Page 296] as additional legislation is unnecessary - the act of the special, session of 1865 covers the same ground. The report was concurred in.
He also reported back the bill [H. R. 189] requiring all town plats or additions to be transferred for taxation; for the action of the Senate, without recommendation.
He also returned Mr. Richmond's bill [S. 177] amending the plank and turnpike road law by excluding from free toll lists persons attending funerals for hire ; recommending its passage.
Leave of absence was granted Mr. Niles till Monday evening week.
Mr. CRAVENS, from the Committee on Corporations, returned his bill [S. 183] legalizing the consolidation of railroads heretofore made, etc., and Mr. Bellamy's bill [S.108] amending sections 26 and 55 of the act of June 17,1852, for the incorporation of insurance companies, with favorable recommendations.
On motion by Mr. THOMPSON, his bill [S. 191] supplemental to the act of May 20, 1852, for the incorporation of manufacturing and mining companies, was read the third time.
Mr. T. said it permitted corporations to extend beyond their present charters with the consent of every stockholder.
The bill was passed the Senate by yeas 28, nays 6, with an amendment of title by Mr. CRAVENS, so as to include his amendment to the bill adopted day before yesterday.
On motion by Mr. OYLER Senate bills on the third reading were made the special order for this afternoon at 2 1/2 o'clock.
Mr. WARD, from the Committee on Roads, returned the bill [H. R. 101] to amend the plank and turnpike road act of May 28, 1853, recommending passage thereof.
Mr. MILLIGAN, from the Committee on Rights and Privileges, reported back the bill [H. R. 148] to amend the sidewalk act of March 5,1859; with a favorable recommendation.
On motion by Mr. CASON it was read the second time and passed to the third reading.
AGRICULTURAL COLLEGE.
The PRESIDENT announced the consideration of the special order for this hour, viz: Mr. Stein's bill [S. 139] establishing an Agricultural College, and locating the same at the Tippecanoe Battle Ground; together with majority and minority reports thereon from the Committee on Education.
Mr. BENNETT moved to recommit the bill to the Committee on Agriculture with instructions to enquire into the expediency of memoralizing Congress to pass an act authorizing the proceeds of the sale of the Agricultural land scrip, to be placed to the credit of the common school funds, where any State shall so determine.
On motion by Mr. STEIN the motion to recommit was laid on the table by yeas 18, nays 17.
Mr. CRAVENS was not in favor of the report of the majority of the Committee. He had been in the habit of associating this Agricultural College with the State University, not because of its location but because it is the only educational institution that belongs to the State. He had hoped that under the shadows of this University there would have been congregated colleges of all classes where citizens of the State would have found opportunity for instruction in every grade of the arts and sciences, and every branch of business life. The only question before the Senate now seems to be that of location, and that he regarded as a mere incident He regretted that the State was treating the State University, its only child, more as a step-child than as an only child - indeed, it has been spurned as a step-child, and has been left to become hardly a monument of what it has been. He favored the taking of this fund and endowing two chairs in five of the principal colleges of the State therewith, and the young men of the State will then the more generally be able to avail themselves of the benefit of this grant. He gave the Senate the benefit ot a few facts he had collated from the management ot Agricultural Universities in Europe, showing the utter failure, comparitively speaking, of such large establishments when set off to themselves independent of other branches of learning. The University in Michigan is a failure, and, as the Commissioner of Agriculture at Washington says, the one in Pennsylvania will soon prove a failure. Michigan and Massachusetts have divided their Agricultural College Fund and 9 out of 15 States that have disposed of this fund have done the same thing. The proposition of this Committee is following in the wake of the great failures referred to in the Agricultural Colleges of Europe. He closed by moving that the report of the Committee be concurred in by substituting bill S. 157 amended as suggested by the Committee report; but withheld the motion for -
Mr. CASON, who favored the leavingof the location of this agricultural college to a competent board of trustees. Place this institution in some locality where the people are willing and able to take care of it and make it incumbent on them to do so, and the institution will flourish; but if it were left to be sustained by the State, it would prove a constant drain on the treasury, or become like the university at Bloomington now is. The county of Tippecanoe proposes to erect suitable buildings within three years without any charge to the State; and what fairer proposition could be asked for? It is certainly the safest that can be made. It is the most available site by 100 per cent, than any other in the State. There is but one place in the State more accessible; and it would cost the people of the State more to reach any of the public institutions near this city, on an average, page: 297[View Page 297] than it will to reach, the Battle-ground, in Tippecanoe county. He recounted the many advantages of the latter place over any other point; insisting that the agricultural college should be built at some rural spot outside the pernicious influences of a large city; arguing at length against the idea of location in the central part of the State.
Mr. BELLAMY trusted we would not quarrel over this magnificent grant till we we lose it. If compelled to decide between Indianapolis and the Battle Ground, in consequence of its central location, he should favor the former place. The best method to dispose of this grant is to place the institution where the course of instruction shall be within the reach of the greatest number of young men in the State, and in order to make it a success, you must establish a general University, and not merely a College, as is named in the act of Congress. Before he had concluded, he gave way for a motion to adjourn.
And thenat twelve o'clock M. -
the Senate took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
Mr. BELLANY resumed, He contended that the propositions from Indianapolis and Tippecauoe county were not superior to those made from the five colleges spoken of indeed the latter parties were making as good an offer for one-fifth of this fund as the former places were for the whole of it. If the fund were so distributed, there would be no tax upon the people to keep up these institutions, and that is the most important fact in the consideration of this subject.
Mr. OYLER said this whole thing of making a distribution of this fund is wrong. No part of it should be transferred to any sectarian establishments. He would not ask it for his own denomination, and he would note vote it to another. If you undertake to divide this fund at all, it should be divided among all the colleges in the State. He would rather see the whole matter indefinitely postponed than to see a division made of this grant. After his own county town, he desired to see this agricultural college located at the Tippecanoe Battle Ground.
Mr. REAGAN. We have no college in Eastern Indiana asking for this grant, but as the author of the bill, S. 157, it will be expected of him to say something in regard to it. He would not object to including Hanover College in its provisions. The Trustees of these five institutions propose to teach all the branches required to be taught in an agricultural college, and consent that at the end of ten years the Legislature may withhold this grant from every one of them, provided they prose a failure. Nothing in this bill has a tendency te draw a single dollar from the people's pockets; and we know by too sad experience that every institution depending on the State for support has proved an ever-demanding leech on the State Treasury.
[Leaves of absence were granted to Mr, Bennett, from this hour and during next, week ; to Mr. Noyes till Tuesday, on account of sickness n his family, and for Mr. Hyatt till Thursday.]
Mr. CRAVENS renewed his motion to concur in the report of the majority by substituting the bill [S. 157] with an amendment thereto including Hanover College.
It was rejected by yeas, 10; nays, 27.
Mr. CASON, by consent, offered the following:
Resolved, That in taking a vote for the location of the Agricultural College, the Senate will receive the suggestion of each and every place claiming the location of said College, and then proceed to vote for the location, and the place receiving a majority of all the votes of the Senate shall be the place where said College shall be located, and the bill [S. 139] shall be so amended as to locate said College at the place so named.
The resolution was adopted on a divisions - affirmative, 20; negative, 14.
Mr TURNER protested against the location of this College by the vote of eighteen or nineteen Senators - that number being a majority of members now present; and he appealed to some Senator who voted in the affirmative to move a reconsideration of the vote adopting the resolution.
Mr. BELLAMY moved to reconsider the vote.
Mr. CRAVENS favored the motion, unless it shall be understood that it will take twenty-five votes to locate.
Mr. OYLER opposed the reconsideration, because a majority of Senators present have the power to do everything in the legislative world except to pass a bill.
Mr. TURNER insisted that there was no justice in controlling a majority of Senators elect by a minority vote of 18 or 19to-day. He regarded this as an effort to forestall a majority vote by a minority vote of to-day.
Mr. CRAVENS suggested that the resolution should be so amended as to require a majority of Senators elected.
Mr. HANNA hoped the Senate would not reconsider the vote.
The motion to reconsider was agreed to, by yeas 22, nays 16.
The question recurring on the adoption of the resolution -
Mr. CRAVENS moved to amend it so as to require the vote of twenty-six Senators to locate.
The amendment was agreed to.
The resolution as amended was adopted.
Mr. CRAVENS moved that the roll be page: 298[View Page 298] called, and each Senator name his preference for the location of the college.
The motion was agreed to, and the first vote resulted as follows:
For the Tippecanoe Battle Ground - Messrs. Armstrong, Cason, Church, Cravens, Hanna, Huey, Mason, Milligan, Newlin. Parrish, Reynolds, Robinson, Staggs,Stein, Wolcott and Mr. President Cumback - 15.
For Indianapolis - Messrs. Bellamy, Brown, English, Huffman, Hyatt, Thompson, and Ward - 7.
For Salem - Messrs. Bowman, Humphreys and Johnson - 3.
For New Albany - Messrs. Howk and Sherrod - 2.
For the Shoals - Messrs. Barker and Turner - 2
For the State University - Mr. Cravens.
For Knightstown Springs - Messrs. Gifford and Reagan.
For Evansville - Mr. Jacquess.
For Franklin - Mr. Oyler.
For Kokomo - Mr. Richmond.
For Fort Wayne - Mr. Smith.
For Michigan City - Mr. Terry.
For Vernon - Mr. Vawter.
Pending the ballot -
Mr. HANNA, when his name was called, said: In voting upon this measure, I desire to use whatever influence I have in placing this institution of learning near the urn that holds the sacred ashes of Joe Daviess I therefore vote for Tippecanoe Battle Ground.
Mr. THOMPSON, when his name was called, said: He believed Indianapolis was the choice of 80 out of every 100 voters in the State.
The result of the first vote was then announced as above recorded.
No place having received a majority, another vote was taken, resulting For the Battle Ground
Mr. THOMPSON, when his name was called, said: He believe Indianapolis was the choice of 80 out of every 100 voters in the State.
The result of the first voter was then announced as above recorded.
No place having received a majority, another vote was taken, resulting -
- For the Battle Ground....................................... 17
- For Indianapolis................................................7
- or Vincennes................................................... 3
- For New Albany................................................ 2
- For Knightstown............................................... 2
- For Fort Wayne.............................................. 1
- For Seymour...................................................... 1
- For Lockport..................................................... 1
- For Booneville................................................... 1
- For Harrison county......................................... 1
- For Morgan county............................................ 1
Mr. CHURCH moved that after the next vote all but the three highest places voted for be dropped.
The motion was agreed to.
The result of the third vote is as follows :
- For the Battle Ground ...................................16
- For Indianapolis ................................................10
- For New Albany....................................... .......... 4
- For Bloomington ................................................. 2
- For Terre Haute.................................................. 1
- For Vevay............................................................ 1
- For Independence Station ................................. 1
- For Brownstown.................................................. 1
Under the order of the Senate, the fourth vote resulted:
For the Battle Ground - Messrs. Armstrong, Cason, Church, Craveas, Hanna, Jaquess, Mason, Milligan, Newlin, Oyler, Parrish, Reynolds, Richmond, Robinson, Staggs, Stein, Terry, Vawter, Wolcott and Mr. President - 20.
For Indianapolis - Messrs. Bellamy, Brown, Huey, Huffman, Hyatt, Johnson, Reagan,Smith, Thompson and Ward - 10.
For New Albany Messrs. Barker, Bowman, English, Gifford, Howk, Humphreys, Sherrod and Turner - 8.
Mr. TERRY moved that after the next vote, the place receiving the lowest vote be dropped.
The motion was agreed to.
The fifth vote resulted:
- For the Battle Ground.......................................21
- For Indianapolis................................................10
- For New Albany.................................................. 1
The sixth vote resulted:
For the Battle Ground - Messrs. Armstrong, Cason, Church, Cravens, Hanna, Jaquess, Mason, Mill gan, Newlin, Oyler, Parrish. Reynolds, Richmond, Robinson, Staggs, Stein, Terry, Vawter, Wolcott and Mr. President (Cumback)- 20.
For Indianapolis - Messrs. Barker, Bellamy, Bowman, Brown, English, Gifford, Howk. Huey, Huffman, Humphreys, Hyatt, Johnson, Reagan, Sherrod, Smith, Thompson, Turner and Ward - 18.
Mr. OYLER moved to postpone the further consideration of this matter until Tuesday at 2 o'clock P. M., and make it the special order for that hour.
The motion was agreed to.
BILLS ON THE THIRD READING.
The PRESIDENT announced the consideration of the special order for this afternoon, viz: bills on the third reading.
Mr. Church's bill [S. 94] to provide for the protection of fur-bearing animals-mink, otter and raccoon - was read the third time and rejected - yeas 17, nays 20.
Mr. Mason's bill [S. 96] amending section 716 of the habeas corpus act - see page 105-being read the third time -
Mr. MASON said a similar bill passed the Senate at the last session. The word "incompetent" is hard to define in a legal point of view, and this bill simply gives a construction to it.
The bill was passed by yeas 37, nays 0.
NEW PROPOSITIONS.
Mr. RICHMOND, by leave, introduced a bill [S. 218] for an act directing State and county officers to receive certain certificates as payment of money, which was read the first time, and referred to the Committee on Canals and Internal Improvements.
Mr. HUMPHREYS (for Mr. Taggart) ntroduced a bill [S 219] for the relief of Alfred Williams Treasurer of Brown county, in the State of Indiana, which was read the first time and referred to the Committee on Claims.
Mr. JAQUESS introduced a bill [S. 220] for an act to amend sections 94 and 96 of the valuation and assessment act - relating to the collection of taxes by county Treas- page: 299[View Page 299] urers, which was read the first time and referred to the Committee on Finance.
Mr. VAWTER moved ineffectually - yeas 14 nays 22 - that when the Senate adjourn it be till 2 o'clock P. M. Monday.
Leave of absence was granted Mr. Howk till Tuesday.
BILLS ON THE FINAL READING.
Mr. Niles' bill [S. 97] designating certain holidays and relative to negotiable paper falling due thereon (see page 105 of the BREVIER LEGISLATIVE REPORTS) was read the third time and failed to pass for want of a constiiurional majority of 26 votes - yeas 24, nays 11.
Mr. Jacquess' bill [S. 100] limiting the liabilities of inn-keepers, was read the third time and failed to pass for want of a constitutional majority - yeas 20, nays 16.
Mr. Thompson's bill [S. 103] to prevent persons from injuring or destroying insured property and from making false proofs thereof - prescribing penalty for the same was read the third time and finally passed the Senate by yeas 33, nays 1.
Mr. Wolcott's bill [S. 104] conferring upon Bishops certain corporate powers, coming up -
Ou motion by Mr. WOLCOTT, it was laid on the table.
Mr. Carson's bill, [S. 105] amending the organization of Court's act by authorizing the holding of Criminal Circuit Courts in all counties polling 7,000 votes, being read the third time -
Mr. PARRISH explained its provisions and stated the necessity for such an act.
No quorum voting on its passage -
Mr. HANNA demanded a call of the Senate.
It was ordered, and being taken 34 members answered to their names.
On motion by Mr. HANNA further proceedings under the call were dispensed with.
The roll call was finished and the bill failed to pass for want of a constitutional majority - yeas 19, nays 15.
Mr. PARRISH made an ineffectual motion - yeas 14, nays 21 - that when the Senate adjourn it be till Monday at 2 1/2 o'clock P. M.
REPORTS FROM COMMITTEES.
Mr. WOLCOTT, from a special committee thereon, returned Mr. Gallon's bill [S. 198] affecting the boundaries of Fountain aad Warren counties, recommending its passage.
Mr. RICHMOND, from the Committee on County and Township Business returned his bill [S. 47 authorizing County Boards to aid in the construction of manufacturing shops, recommending its passage with an amendment striking out the words "a majority not objecting," and inserting in lieu the words, "resident tax payers shall petition in writing."
Mr. CASON, from the Committee on Education, reported back Mr. Bellamy's bill [S. 59] to amend sundry sections of the Common School law, (described on page 68 of these reports,) with a recommendation that it lie on the table, there having been a bill reported to the Senate heretofore including the subject matter of this bill. The report was concurred in.
BILLS ON THE LAST READING.
On motion by Mr. HYATT, his bill [S. 38] amending section 20 of the act of January 20, 1865, for the election and appointment of supervisors, &c , was read the third time.
Mr. HYATT was understood to say that it proposes to strike out the per acre land tax for road purposes.
Mr. REAGAN thought the present law worked injustice to some land owners, which this bill would remedy by striking out the tax on land per acre, and reducing the tax to the old ad valorem system.
Mr. OYLER favored the bill.
It was passed by yeas 28, nays 8.
[Mr. VAWTER made an ineffectual motion to adjourn - yeas 16, nays 20 ]
The school law amendment bill S. 114 coming up -
On motion by Mr. VAWTER, it was postponed and made the special order for Monday at 2 1/2 o'clock P. M.
Mr. Smith's bill [S. 115] to provide for draining and ditching low and wet lands, coming up -
On motion by Mr. SMITH, it was laid on table, a similar bill having failed in the House, and that body having passed a different bill, which is now pending here.
Mr. Niles' bill [S. 118] requiring Common Pleas clerks to specify by separate items the fees and services for which they demand payment of executors, administrators and guardians, was read the third time and passed by yeas 32, nays 4.
[Mr. Gifford made an ineffectual motion yeas 10, nays 25to adjourn.]
Mr. Thompson's bill [S. 119] amending section 13 of the street railroad corporation act of June 4, 1861, so that stockholders shall be liable only as other railroad stockholders are; being read the third time -
Mr. THOMPSON explained its provissions.
Mr OYLER favored its passage.
The bill was passed by yeas 32, nays 3.
Leave of absence was granted the Committee on State Prisons for Monday and Tuesday - yeas 20, nays 16 - to visit the Penitentiary.
Mr. CUMBACK (Mr. Richmond in the Chair) made an ineffectual motion to adjourn.
Mr. ARMSTRONG moved ineffectually for a recess often minutes.
Mr. CUMBACK again moved that the Senate adjourn.
The motion was agreed to by yeas 18, nays 17.
And then - at 6 o'clock - the Senate adjourned.
