IN SENATE.
SATURDAY, February 23, 1867.The Senate met at 9 o'clock A M.
Mr. JOHNSON moved that the reading of the minutes of yesterday's proceedings be dispensed with.
Mr OYLER was anxious to have the journal read this morning - especially the latter part of it - as there were very few members present, and as it was not likely much business would be done to-day.
The motion to dispense with the reading was rejected.
The journal of yesterday was being read when -
At the suggestion of Mr. OYLER and
Mr. VAWTER, only the adjourning clauses and the motions immediately preceding were read.
RECESS TILL MONDAY.
Mr. CRAVENS offered the following:
Resolved, That when the Senate adjourn it adjourn to meet again on Monday next, at 2 o'clock P. M.
The resolution was adopted.
PUBLIC ROADS.
Mr. WOOD, from the Committee on Roads, returned Mr. Rice's bill, [S. 15] vacating porttions of highways in certain cases, recommending that it lie on the table, there being no further legislation necessary on this subject, in the opinion of the Committee.
The report was concurred in.
THE AGRICULTURAL COLLEGE.
Mr. CASON, from the Committee on Education, reported back the proceedings and resolutions of a meeting of citizens ot Sharp ville in relation to the location of the Agricultural and Mechanical College, recommending that they lie on the table, the Committe having heretofore favorably reported on a bill in relation to the subject which is now before the Senate.
The report was concurred in.
INDIANA MILITIA.
A message from the Governor transmitting the biennial report of the condition of the Indiana Legion, was read. His Excellency calls attention to the inefficiency of the Militia system of the State; regards the present as an auspicious time for a thorough organization, and trusts the entire subject will receive such attention from page: 309[View Page 309] General Assembly as its importance deserves.
Mr. VAWTER said the message was accompanied by a private note from Mr Commons, which he was opposed to going upon the journal. He moved that the Secretary instructed to spread the Governor's messagethereon, but not the note of Mr C.
The motion was agreed to.
The biennial report of John L. Mansfield, Senior Major General, Indiana Legion, was read. It sets forth that the entire militia of the State consists of a Lieutenant General, two Major Generals, one Adjutant General and one Quartermaster General, without a single private; (this state of affairs has existed for upward of one year:) and submits "a plan for providing available military force, without causing much expense to the State or inconvenience to people."
On motion by Mr. OYLER, the report was referred to the Committee on Military Affairs.
HOUSE BILLS READ THE FIRST TIME.
The bill[H. R. 13] creating the Eighthteenth Judicial Circuit, to be composed of the counties of Parke, Verraillion, Sullivan, and Vigo, was read the first time, and referred to the Committee on Organization of Courts.
The bill [H. R. 23] providing for the drainage of wet lands; and the bill [S. 89] providing for the building of sewers in cities and towns, were read the first time and referred to the Committee on Swamp Lands.
SOLDIERS OF 1812.
Mr. CASON, from the Committee on Federal Relations, returned the joint resolution [H. R. 11]instructing our Senators and Representatives in Congress to secure the passage of a law providing that the names of all soldiers in the war of 1812, who have not received any pension from the Government, be, placed on he pension rolls; recommending its passage.
MECHANICS LIENS.
The bill [H. R. 159] amending sections 649 and 650 of the practice act, having reference to mechanics' liens, was read the first time and referred to the Judiciary Committee.
THE PRACTICE OF DENTISTRY.
On motion by Mr. VAWTER, the substitute reported by the Judiciary Committee yesterday for Mr. Hanna's bill [S. 122] regulating the practice of dentistry in the State of Indiana, was read the second time - the Secretary numbering it as Senate bill 217
Mr TERRY moved to amend the bill, by inserting after the word "dentistry," the words "medicine and surgery." He wasnot fully satisfied as to the propriety of passing such laws as this proposes, but if the bill is appropriate at all, we should certainly provide the same thing for medicine and surgery. It looks inconsistent to make it unlawful for one man to scrape the tartar off of teeth, without first obtaining a diploma, and allow another to tamper with, a fractured limb and with lacerated and torn portions of the body, or administer powerful medicines to patients sick, weak, and may be on the brink of the grave, without any such restriction.
Mr. OYLER had some doubts about the constitutionality of the bill in its present condition. If he knew anything about denistry, it is a mechanical business, and if we are to establish a board for the examination of one branch of mechanics the provision should extend to every other branch, and we should have an examining board for engineers, carpenters, brickmasons, &c. He moved to refer the bill and pending amendments to the Judiciary Committee, with instructions to inquire into the constitutionality of the proposed legislation.
Mr CRAVENS. It has been before the Judiciary Committee; indeed, he understood this to be a substitute reported by that committee for a bill containing similar provisions.
Mr. OYLER. While we all acknowledge the ability of the Judiciary Committee, we know that they sometimes make mistakes; although owing to the great amount of business before them, they ought to be pardoned for an occasional omission. If their attention is particularly directed to the constitutionality of the bill, they will let us know their opinion as to whether it is constitutional or not.
Mr CASON alleged that no bill has received more careful attention before the Committee than this one. They had a delegation of dentists from different portions of the State before them, who stated the points; and this bill contains the matter suggested by them. The Senator is mistaken about dentistry being a mechanical art. Perhaps no profession requires more thorough education than dentistry; audit is a subject that ought to receive the protection of the laws of the State. Perhaps there is nothing, with the exception of the mal-practice of medicine, by which a person can be more seriously and permanently injured, than by mal-practice in dentistry. There is no kind of reason why a person who has studied dentistry for a few weeks, should be permitted to go on destroying the peace and quiet of his fellow beings during life. There is a great difference between the practice of medicine and the practice of dentistry He opposed the amendment; for, if it is attempted to amend the bill in in this way, it will be effectually destroyed. He preferred that the amendment should be embodied in a separate bill, because the professions are distinct and require different legislation.
As far as dentistry is concerned, there is page: 310[View Page 310] no difference in the schools; but in the practice of medicine, there are a thousand and one kinds of schools, and as to doctors, no two of them agree upon any one point. So you see the almost impossibility of legislating alike upon dentistry, and medicine, and surgery. It might, perhaps, be done with surgery, for that partakes more of the nature of dentistry - though a more important branch; and the schools are most all alike. When legislation is had with regard to medicine, each school will be jealous of the other, but not so as to dentistry. This bill operates alike upon every dentist in the State.
Mr. OYLER (interposing.) If this bill becomes a law, could our physicians and surgeons throughout the country pull teeth without a dentist's license, and not make themselves amenable to the law?
Mr. CASON. Certainly. If the Senator had paid as much attention to the reading of the bill, as he did to his constitutional point, he would have no difficulty in understanding, that it expressly reserves the right to all physicians and surgeons to extract teeth; and if he wants his old molars rooted out by a physician with those old fashioned turn keys, he can get it done witout any trouble. [Laughter] The Judiciary Committee considered this bill with a great deal of care, and the facts are so plain, that any person taking the pains to become posted can see the necessity of a bill of this character.
Mr. OYLER was convinced by the arguments of the Senator from Boone [Mr. Cason,] and he withdrew his motion.
On motion by Mr. VAWTER, the amendment was laid on the table, upon a division - the vote not reported.
The PRESIDENT stated that the Senator from Jennings, [Mr. Vawter,] at his request, made the motion to read the bill the second time. Judge Niles is absent, and takes a great deal of interest in this important measure; and, if it is the pleasure of the Senate -
Mr. VAWTER (interposing) moved that the bill been grossed and read the third time Monday.
The motion was agreed to.
LOCATION OF SCHOOL HOUSES.
Mr. CASON found in his desk a bill which he presumed had been sent to him as Chairman of the Committee on Education by mistake. It is the same bill [S. 181] relating to the location and relocation of School Houses, that the Committee reported back the other day; and it has been read the second time, but the endorsements do not show that fact. This is the engrossed bill, but it was not engrossed at the time it was reported back, and it is possible that the old bill and the engrossed copy have become mixed. He would return it to the clerk, that inquiry may be made into the matter.
CONSOLIDATION OF RAILROADS
On motion of Mr. CRAVENS, he bill [S. 183] legalizing the consolidation of railroads heretofore made and declaring all laws relating thereto and governing the same, was read the second time.
Mr. OYLER. That is a matter of very serious moment to large numbers of the citizens of Indiana. There were somethimg in the bill which struck him as of doubtful propriety, and it ought to receive a fair, candid and open discussion. It not only proposes to fix a law for the future but it undertakes to legislate backwards. He would like to have it made a special order for any sime in the future that will suit the author of the bill.
Mr. CRAVENS had no objection making it the special order for Tuesday at 10 o'clock.
It was so ordered by consent.
BILLS ON THE SECOND READING.
Mr. WOLCOTT moved that Senate House bills on the second reading be taken up.
The motion was agreed to.
On motion by Mr. STEIN, the bill [H. R. 101] amending section 3 of February 28rh, 1863, authorizing the construction of plank, McAdam and gravel roads was read the second time and passed to the third reading.
Mr. Richmond's bill [S. 47,] authorizing county boards to aid in the construction of manufacturing establishments and machine shops, where a majority of resident taxpayers shall petition in writing therfor; and Mr. Bennett's bill [S. 84,] increasing the salaries of circuit and common pleas court officers, were read the second and severally ordered to be engrossed for the third reading.
Mr. Cason's bill [S. 126,] proposing an amendment to the constitution, enabling cities and towns to levy a tax for school purposes, being read the second time -
Mr. WOLCOTT moved to refer it to a special committee of five to inquire into the expediency of proposing some other - a dozen or more - amendments to the State constitution. There are several amendments as much and more required than this one, and he made this motion because during the pendency of one amendment to the constitution none others can be considered.
The motion was agreed to, and the PRESIDENT makes Messrs. Wolcott, Howk, Oyler, Robinson and Turner said committee.
Mr. Jaquess' bill [S 154] amending the Evansvilie City Charter act of January 27, 1847; Mr. Richmond's bill [S. 177] amend- page: 311[View Page 311]the plank, McAdam and gravel road construction act by excluding from the free toll list those who attend funerals for hire; Bonham's bill [S. 200] legalizing certain acts of Thomas B. McCarthy, State Auditor; and Mr. Niles' bill [S. 216] providing for a republication of Biackford's Reports, which authorizes the Clerk of the Supreme Court, under the direction of said Court, to purchase five hundred copies, to be edited by E. A. Davis, at a price not to exceed three dollars a volume for each copy, were read the second time and severally ordered engrossed for the third reading.
Mr. Bowman's bill [S 215] to prevent the spread of the hog cholera, was read the second time and referred to the Committee on Agriculture.
Mr. Cullen's bill [S. 198] affecting the boundary lines of Fountain and Warren counties, being read the second time -
Mr. OYLER suggested that it embraced a grave question, but having reference as it does to a particular locality, he did not feel like opposing it.
Mr. WOLCOTT explained that it simply proposed to adjust county lines. Each county has an area of less than 400 square miles, and it requires special legislation on the subject. The bill follows the provisions of law in respect to the division counties.
It was ordered engrossed.
Mr. Bellamy's bill [S. 108] amending sections 26 and 55 of the act of June 17, 1852, for the incorporation of insurance companies: and Mr. Wolcott's bill [S 153] to provide for the incorporation of religious societies, and defining their powers so that church or congregation may be incorporated; the Bishop may appoint two laymen, or the pastor of the church and one layman, and with them may elect the title or name by which they and their successors shall be known and distinguished as a body corporate, &c., were read the second time and ordered engrossed for the third reading.
On motion by Mr. GIFFORD the bill [H R 99] authorizing County Commissioners to convey cemeteries to towns and cities',was read the second time and passed to the third reading.
The bill [H. R. 4] amending section 20 of the act of March 2, 1855, so as to allow Coroners ten cents mileage ; the bill [H. R. 17] legalizing conveyances of wives of persons of unsound mind ; the bill [H. R. 18] amending section 15 and repealing sections 29 and 30 of the general election law of June 7, 1852 ; the Clinton Common Pleas bill [H. R. 39]; the bill [H. R. 40] amending section 240 of the Practice Act; the Grant county Common Pleas bill [H. R. 53] ; the bill [H. R. 72] attaching Marion county to the Northern prison district; were read the second time and severally passed to the third reading.
The bill [H. R. 83] for the protection of wild game, being read the second time.
Mr. CHURCH remarked that parties interested in this bill desired it should become a law just as it came from the House of Representatives, and at the instance of the author he moved to reconsider the vote of the Senate, by which amendments were made to the bill.
The motion was agreed to ; the amendments were rejected, and the bill was passed to the third reading.
The bill [H. R. 91] vacating portions of highways located on county lines, was read the second time and passed to the third reading.
The bill [H. R. 93] making it unlawful to lock the door of any railroad car containing passengers, being read the second time -
Mr. OYLER thought it was all right on one side, and all wrong on the other. The only thing sought is to insure passengers free egress from the cars. The habit of our railroads, at particular stations, is to lock up some of the cars. This is wrong. Passengers ought to be able at all times, when the cars are not in motion, at least, to leave the car, but everybody ought not to have the opportunity of entering it. The bill can be so amended as to prohibit the locking of the car, except so that it can be readily opened from the inside. He thought the bill needed amendment in that particular, and moved to lay it on the table.
The motion was agreed to.
The bill [H. R. 96] authorizing town trustees to establish fire limits; the bill [H. R. 130] increasing, the penalty for house-burning to defraud insurers; the bill [H. R. 144] to prevent the spread of disease among sheep; and the bill [H. R. 158] in relation to compounding and concealing crime, were read the second time and severally passed to the final reading.
The bill [H. R. 177] to amend the city incorporation act, so that any town with $1500 inhabitants may vote themselves a city charter, coming up -
The PRESIDENT announced that it had no enacting clause.
On motion by Mr. OYLER the Secretary was directed to return the bill to the House of Representatives, calling attention to that fact.
The bill [H. R. 185] amending section 44 of the act to provide for the opening, locating and change of highways; and the bill [H. R. 189] requiring all plats or additions to towns and cities to be transferred page: 312[View Page 312]for taxation, were read the second time and passed to the final reading.
The joint resolution [H R. 2] instructing our Congressmen to favor the paying of the interest bearing debt of the United States first; was read the second time and passed to the third reading.
The joint resolution [H. R. 11] instructing our Congressmen to favor a law grant ing pensions to all soldiers of 1812, being read the second time -
Mr. BELLAMY moved to amend by inserting a proviso that, they did not aid or abet the late rebellion or sympathize with the same
Mr JOHNSON suggested that it was a difficult matter to come to the knowledge as to who "sympathized" with the late rebellion; and moved to amend by striking out that part of the amendment.
Mr BELLAMY accepted the amendment. Congress has passed an act, that the names of such persons shall be stricken from the pension rolls, and, for that reason, he thought the resolution should be amended as proposed.
The amendment was agreed to.
RECESS TILL TUESDAY.
Mr. CHURCH. A while ago there was a resolution adopted which provides that when the Senate adjourns it will be till Monday at 2 o'clock. We are so far ahead of the House of Representatives with our business, that they can not get ahead of us; and as the probabilities are that there will not be a quorum here on Monday, he moved to reconsider the vote by which that resolution was adopted for the purpose of amending it so that the Senate will adjourn till Tuesday morning at 9 o'clock.
The motion was agreed to.
On motion, by Mr. CHURCH, the resolution was amended by substituting "Tuesday, 9 o'clock A. M," for "Monday, 2 o'clock P. M."
The resolution, as amendod, was adopted.
LEAVES OF ABSENCE.
Mr OYLER demanded a call of the Senate, but withdraw it for -
Mr. GIFFORD, who said that Mr. Reynolds and Mr. Milligan left a few minutes ago in order to get ready for the next train going north, and they requested him to have them excused if there was a call of the Senate.
Mr. HUEY was requested by Mr. Sherrod to ask leave of absence for him, as he too had to start some time ago, in order to get ready for the train.
These requests were granted.
Mr. ROBINSON offered the following:
Resolved, That on and after Monday next, no leave of absence will be granted to any Senator, except on account of sickness.
Mr. BELLAMY. This courtesy has been extended to Senator's day after day, and now it should not be denied to those who have not asked for it. If the Senator will modify the motion in that particular, be would have no objection to it.
Mr WOLCOTT moved to amend the resolution by providing, that no Senator shall be excused who has heretofore had leave of absence.
Mr. ROBINSON accepted the amendment.
Mr. CHURCH opposed the resolution.
The PRESIDENT. It is a proposition to change a rule of the Senate, and will have to lie over one day under the rules.
Mr. OYLER considered this very necessary legislation at this stage of our proceedings, as we have but about ten more legislative days. Gentlemen went before the people and begged for a place to work here 61 days, at five dollars a day; and they should stick to the agreement. He had lost more money by neglecting courts this session, than all his pay as Senator would amount to - saying nothing about expenses. He had made that sacrifice and another which he spoke of, in order to be in his place here, and now he should insist on Senators remaining in their seats for the remainder of the session.
On motion by Mr. CHURCH, the resolution was laid on the table.
On motion by Mr. THOMPSON, he was excused from serving on the State Prison Committee and Mr. Wolcott was appointed in his stead.
And then - at teu minutes before 12 o'clock, M. - the Senate adjourned till Tuesday morning 9 o'clock.
