IN SENATE.
TUESDAY, February 23, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. BELLAMY, the readings of the minutes of yesterday's proceedings were dispensed with.
PETITIONS AND MEMORIALS.
Mr. OYLER presented a petition from leading citizens of Johnson county, protesting against the, passage of any laws increasing the boundaries for taxation of turnpike's. It was referred to the Committee on Roads. Subsequently he had leave to withdraw the petition for the purpose of having it presented in the House of Representatives.
Mr. STEIN presented a remonstrance from 276 citizens of Warren county against the passage of the bill S. 198 affecting the boundaries of Warren and Fountain counties.
Subsequently -
Mr. CULLEN presented, eleven petitions signed by some 800 citizens of 'Warren county, praying for the change proposed in the bill: which were referred to the Committee on County and Township Business, without reading.
REPORTS FROM COMMITTEES.
Mr. STEIN, from the Judiciary Committee, returned Mr. Brown's bill [S. 93] amending section 1 of the act of May 27, 1852, recommending its passage with an amendment adding a section which was numbered 2; and Mr, Robinson's defective executory's bond bill [S. 195]; and Mr. Wolcott's bill [S. 207 - see page 260 of these reports], recommending their passage. He also returned Mr. Wolcott's money interest bill [S. 78]; and Mr. Richmond's joint resolution [S. 3 - see page 52 of these Reports]; and Mr. Oylers' jury instruction bill [S. 67]; and Mr. Wolcott's innkeeper's responsibility bill [S. 18]: recommending that they lie on the table. These reports were concurred in.
Mr. HUEY, from the Committee on Rights and Privileges, returned Mr. Jaquess' bill [S. 199] authorizing notaries to solemnize marriages, recommending its indefinite postponement. The report was concurred in.
Mr. VAWTER, from the Judiciary Committee, reported back Mr. Huffman's costs bill [S. 170 gee page 190; and Mr. Stein's bill [S. 211] amending section 302 of the Practice Act; and Mr. Mason's bill [S. 128] amending section 28 of the act defining felonies, approved June 2, 1852; recommending their passage.
He also returned Mr. Rice's writs of execution bill [S. 205 - see pages 259, 260], and Mr. Noyes' bill [S. 83] amending section 41 of the General Practice Act; with a recommendation that they lie on the table. These reports were concurred in.
Mr. MASON from the Judiciary Committee, returned Mr. Thompson's bill [S. 99] giving creditors of persons who are insured and burn out, a lien on policies of insurance for their debtsl and Mr. Armstrong's bill [S. 193], amending section 28 of the felony act of June 10, 1852: recommending that they lie on the table. These reports were concurred in.
He also returned the bill [H. R. 159] to amend sections 649 and 650 of the practice act (relating to mechanics' liens), recommending thar it be referred to the Committee on Rights and Privileges. This report was concurred in.
NEW PROPOSITIONS.
Mr. ROBINSON introduced a bill [S. 221] for an act to provide for the registration of births, marriages and deaths. It was referred to the Committee on Rights and Privileges.
Mr. CULLEN introduced a bill [S. 222] for an act to allow persons charged with crime to testify in any of the courts of this State. It was referred to the Judiciary Committee.
Mr. JAQUESS introduced a bill [S. 223] for an act to amend the Evansville city charter act so as to authorize said city to subscribe for and hold railroad stock. It was passed to the second reading.
[On motion by Mr. CULLEN, the street railroad bill [H. R. 142] was read the first time and referred to the Committee on Corporations.]
Mr. BELLAMY introduced a bill [S. 224] for an act to amend section 16 of the act for the government of the Insane Hospital, approved June 15, 1852, It was referred to the ,Committee on Rights and Privileges.
The House amendment to the Senate concurrent resolution, giving copies of the seven volumes of the Adjutant General's Report to each employe of this General Assembly, was concurred in.
On motion by Mr. OYLER, the bill [H. R. 93] to prevent the locking of railroad passenger cars, was read the second time.
Mr. OYLER moved to amend by appropropriately inserting the words "so that the car door can be easily and readily opened fromt he inside of said door," Such a provision is absolutely necessary for the protection of ladies traveling without escorts.
Mr. CRAVENS thought the amendment was not necessary because the Committee having in charge the bill were satisfied that it were so framed as to meet the requirement of the Senator's amendment.
Mr. OYLER withdrew his amendment.
The bill passed to the third reading.
page: 319[View Page 319]Mr. OYLER moved that the bill [H R. 244] redistriating the State for judicial purposes be taken up.
Objection being made -
Mr. OYLER withdrew his motion.
AGRICULTURAL COLLEGE.
Mr. MASON moved that the special older - the Agricultural College bill - be postponed and made the special order for tomorrow at 2 o'clock P. M.
Mr. BELLAMY moved to amend by making it the special order for Thursday at 2 o'clock.
Mr. MASON thought it important to locate this college at an early day, if it were to be located at all, and consequently he hoped the amendment would not prevail.
On motion by Mr. CULLEN, the motion to postpone till Thursday was laid on the table.
The motion to make this subject the special order for to-morrow at 2 o'clock P. M. was agreed to.
Mr. JAQUESS moved to dispense with the constitutional restriction and put his Evansville Charter bill, [S. 223] introduced a few minutes ago, on its passage now.
The motion was rejected - two-thirds not voting in the affirmative - yeas 33, nays 1.
Mr. OYLER offered the following:
WHEREAS, The Republican party, having elected a Republican President and Vice President, and having a large majority in both Houses of Congress now assembled, have the right to claim the patronage of the present administration, and whereas the Vice President, now acting as President, having forsaken the principles and the party which placed him at the head of this Government, and having bestowed the patronage placed in his trust upon persons who belong to, or affiliate with the Democratic party, therefore, be it
Resolved, That the Representatives and Senators in Congress from the State of Indiana, be requested to use their influence, and vote against the confirmation of all persons appointed, or who may be appointed hereafter, by the President of the United States, unless they are known to be true and tried Republicans.
Mr. MASON moved to lay it on the table.
Mr. HANNA hoped the Senator from Johnson [Mr. Oyler] would consent to postpone the consideration of the resolution. We have so much business to attend to it seems in bad taste to force political questions on the body at this time. If the gentleman desires to display his genius and party anxiety in this way, it can better be done on the heels of the session
Mr. OYLER would not yield to the force of the objections urged by the Senator, for he could see no force in them. There is a pressing necessity for the passage of a resolution like this, if it will do any good. "To the victors belong the spoils," and no party can maintain itself unless it lives up to that sentiment,
The motion to lay on the table was rejected.
On motion by Mr. HANNA - affirmative 16, negative not reported - the consideration of the resolution was postponed for one week.
On motion by Mr. JAQUESS the constitutional restriction was dispensed with - yeas 34, nays 0and his Evansville Charter bill [ S. 223] introduced this morning, was read but once and passed the Senate by yeas 34, nays 0 - he explaining that it would affect no other city in the State, it simply allowing the city subscription to a road being built outside of the State.
On motion of Mr. ROBINSON the Grant Common Pleas Court bill [H. R. 53] was read the third time and passed by yeas 34, nays 0.
PERSONAL.
Mr. CRAVENS did not desire to delay the action of the Senate, but rose to a question of privilege - a thing he never did before, for he regarded it as a custom more honored in the breach, than in the observance. In Saturday morning's Indianapolis JOURNAL he saw nothing that was objectionable, unless it was a communication in which an assault was made upon, himself, to which he attached, no importance, for the reason that the individual over whose signature it was published could not by any possibility have written the article; but when he got home and was receiving calls from his friends, he was asked the cause of a lengthy and elaborate editorial in that paper of Saturday, headed, "Defamation of the Hospital for the Insane," in which he was assaulted, and which, as far as it relates to his making a general charge of wrong in all the institutions, is utterly without foundation and utterly untrue. But this is not the point to which he called attention. As far as the attack upon himself is concerned, that is a matter of no consequence if it had been made in a manly and honorable way, and as a manly and honorable man would have made it. He told his friends that there was no such article in that paper, but one of them went, home and sent him a copy of Saturday's daily, in which he found the article. That was the paper sent to the country - the paper laid upon our tables here contained no such article. The only way he could apologize for this was that an infamous purpose alone was the ground work of it and designed it. He supposed the intention was to give currency to a calumny, perhaps make him and every other Senator the innocent agency for its circulation. As far as he was concerned this is a matter of little consequence; he merely wanted to lay the facts before the Senate. The same article is published in page: 320[View Page 320] yesterday's JOURNAL and they say it is republished ''from our mail edition of Saturday." He did not know what object they had on Saturday in going to the trouble of stopping the press and changing the forms in order to keep out of the papers sent here an article which defames the Senate. It is unmanly, disgraceful and cowardly.
On motion of Mr. CASON, Mr. Huffman's bill [S. 181] to amend section 27 of the Common School law (see page 199 of these REPORTS) was read the third time.
The PRESIDENT announced that it had no enacting clause.
It was inserted by unanimous consent.
The bill then passed by yeas 35, nays 0.
On motion by Mr. VAWTER, the Circuit Court bill [H. R. 244] was taken up and referred to the same committee from which it was reported to the same committee for which it was reported, with an addition of two members, which the PRESIDENT soon after announced, viz: Messrs. Oyler and Vawter.
On motion by Mr. CRAVENS, the special order for this hour - the bill declaring the law for the consolidation of railroads was made the special order for 2 o'clock this afternoon.
On motion by Mr. TERRY, his Fulton county Common Pleas bill [S. No. 202] was read the third time and passed, by yeas 35, nays 0.
On motion by Mr. CHURCH, Mr. Richmond's bill [S. 47] authorizing County Commissioners on petition of a majority of resident tax payers to aid in the construction of manufacturing establishments and machine shops, was read the third time.
Mr. NILES remarked: that he could not concur in the policy of authorizing counties or other political bodies whether States, cities, or townships, to engage in manufacturing or other private enterprises. Let them be confined to their appropriate political functions, and trust manufacturing and the building of railroads to private enterprise. He feared however from former indications, that a majority of the Senate differed with him on this subject.
The bill was rejected - yeas 16, nays 19.
JURIES AND SHERIFFS.
Mr. MASON moved to take up Mr, Robinson's bill [S. 144] to provide for impartially impanneling juries in certain cases. He stated that it authorized the appointment of another sheriff where a party to be tried believed the incumbent prejudiced.
Mr. CULLEN thought it an inciquitious bill - you might as well pass a law to set a judge aside. He could see no merit in it, but would not object to taking it up.
The bill was read the third time.
Mr. ROBINSON insisted that there was a necessity for the passage of some such bill. It would frequently dispense with an application for change of venue. He could see no objection to the bill. The duties of the special sheriff would cease upon empanneling a jury. Professional jurors - generally incompetent - are in every county the friends of the sheriff; and such a bill would do away with them - at least in the cases which it would affect.
Mr. CULLEN. I see no necessity for this bill. It would warrant such a while sale charge against a Sheriff as would amount to an outrage on that officer. There are sufficient safeguards around this matter now.
Mr. OYLER inclined to the opinion that no greater necessity existed for the passage of any bill before this body since the commencement of the session than exists for the passage of this one. No sensible Sheriff would take offense at an affidavit by a criminal that that officer was prejudiced against the case any sooner than a sensible Judge would take offense at an application for a change of venue. He condemned the selection of juries from the dominant political party in the county, but not so much as he desired at all times and on all occasions an impartial jury. The bill can not possibly do any harm.
The bill failed to pass for want of a constitutional majority - yeas 18, nays 16.
Mr. Humphreys was granted leave of absence on account of sickness; and Mr. Bonham till Thursday, for the same cause
Mr. TERRY, by leave, returned from th Committee on Swamp Lands the bill [H. R. 23] enabling the owners of low, wet and marsh lands to reclaim the same, recommending its passage.
Mr. ARMSTRONG said this was a bill in which a portion of his constituent were very much interested, and he therefore moved to dispense with the constitutional restriction, that it might be put upon its passage.
The motion was rejected - yeas 30, nays 4 - it requiring 34 Senators to suspend the constitutional rule.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The PRESIDENT laid before the Senate a communication from B. F. Gregory remonstrating against the passage of bill S. 198, proposing to change the boundary line between Warren and Fountain counties; which was referred to the Select Committee on the subject. Also a petition asking for the passage of what is known as the Shuey Temperance bill; which was referred to the Committee on Temperance.
page: 321[View Page 321]Mr. HUEY presented a temperance petition from Huntington county, and Mr. CHURCH from students of Valparaiso Male and Female College, and 200 citizens of Valparaiso, which took the same course.
Mr. OYLER, from in the Committee on the Organization of Courts, returned the bill [H. R. 13] creating the 18th Judicial Circuit, without recommendation.
RAILROAD CONSOLIDATIONS.
The PRESIDENT announced the special order, viz: Mr, Cravens' bill [S. 183] legalizing the consolidation of railroads heretofore made, &c., on its second reading.
Mr. OYLER. The bill not only proposes to fix what the law shall hereafter be, but it is retroactive in character; and that is injudicious, if not positively wrong. It is hardly competent, and if it were competent, it would be unjust, to interfere with an arrangement for consolidation heretofore made in good faith by any two railroad companies under existing laws. He favored the object of the bill as far as it would affect railroad consolidation in the future, but opposed its retroactive feature.
Mr. CRAVENS said, this bill would apply to all railroads, and not to any one road in particular. Where railroads have, or may combine, either one or both holding a special charter, they should forfeit that special charter, and operate hereafter under the general law of the State.
Mr. OYLER moved to strike from the bill all that relates to the present consolidation of railroad companies.
Mr. CRAVENS would not object to that.
On motion by Mr. HANNA, the bill was made the special order for to-morrow, at 2 o'clock P. M.
Mr. CRAVENS, from the Committee on Corporations, returned Mr. Church's bill [S. 73] to regulate the prices of freights on railroads in this State, with amendments, recommending its passage.
Mr. HANNA, from the same committee, reported back Mr. Cason's bill [S. 91] to assert the control of the State over railroad corporations,&c., with amendments, recommending its passage - expressing his dissent from the views of the committee.
He also returned, from a special committee thereon, his bill [S. 202] for the relief of Lucius H. Scott and others, recommending that it do not pass; and Mr. Jaquess' bill [S.201see page 259] recommending its passage, with an amendment including the claim of Lucius H. Scott and others. The report was concurred in.
Mr. CASON, from the Committee on Education, introduced Mr. Kinley's bill [S. 117] to amend sections 1 and 2 of the Common School lawstriking out the proviso from section one "that the taxes aforesaid shall not be collected from negroes and mulattos," and striking the word "white" from the tenth section - recommending its passage.
On his motion the bill was read the second time and ordered engrossed.
Mr. CARSON, from the Committee on Corporations' returned the bill H. R. 89, (title not read), recommending its passage.
Mr. STEIN, from the Judiciary Committee, returned the bill [H. R. 77] increasing the salaries of Prosecuting Attorneys of Criminal and Circuit Courts, recommending its passage with amendments.
On motion by Mr. STEIN, the bill was read the second time, and passed to the third reading.
NEW PROPOSITIONS.
Mr. OYLER introduced a bill [S. 225] for an act to amend an act regulating foreign insurance companies doing business in this State, &c., approved December 21, 1865. It was referred to the Committee on Corporations.
Mr. BELLAMY introduced a bill [S. 226] for an act to amend the act incorporating the Vevay and Mount Sterling Turnpike Company, approved January 4, 1850. It was referred to the Committee on Roads, with instructions to inquire if the toll is placed too high.
Mr. NILES presented the claim of Tornpkins Higday tor $154 90; which was referred to the Committee on Claims without reading.
Leaves of absence were obtained for Mr. Houghton, Mr. Thompson and Mr. Mason, on account of sickness.
Mr. CULLEN, from the Committee on Corporations returned the bill [H. R. 142] authorizing the Board of Street Railroad Directors? to raise money to pay indebtedness, by authorizing the issuing of preferred stock, &c., recommending, its passage.
On motion by Mr. NILES another vote was taken on the passage of his bill [S. 97] in relation to negotiable paper falling due on certain holidays (see page 105 of these reports) - it having failed for want of Constitutional majority last Friday.
It was then passed by yeas 29, nays 5.The bill [H. R. 240] providing for the inspection of coal oil, petroleum oils,&c., was read the first time and referred to the Judiciary Committee.
Mr. Brown's bill [S. 93] to amend section one of the act concerning interest on money, approved May 27, 1852, (see page 105 of these Reports,) was read the second time.
Mr. CULLEN moved to recommit the bill to the Committee on Rights and Privileges, with instructions to inquire into the expediency of striking out the amendments reported by the Judiciary Committee.
Mr. OYLER could see no good reason for recommitting the bill. He thought it a good one, and hoped the motion would not prevail.
Mr. STEIN. The expression is universal throughout the State that this Legislature should not adjourn without passing a ten per cent, interest law, and to refer the bill to another committee is but a gentle way of smothering and killing it.
Mr. CULLEN thought our interest laws were just about right as they are, and opposed tampering with them at every session of the Legislature.
The motion to recommit was rejected.
page: 322[View Page 322]Mr. CULLEN moved to indefinitely postpone the further consideration of the bill.
On motion by Mr. OYLER, the motion to indefinitely postpone was laid on the table - yeas 24, nays 10.
The bill was ordered engrossed.
INVESTIGATION THE DAILY JOURNAL
Mr. BELLAMY offered the following:
Resolved, That a committee of three be appointed to inquire into the facts concerning the publication of an article in the Indianapolis Daily Journal of'Saturday, February 23d, headed "Defamation of the Hospital for the insane," particularly with reference to its publication in the copies of said paper sent to the country and not in those furnished members of the Senate; and whether or not said "article" reflects in libelous manner on the Senator from Jefferson, ard report said facts to the Senate.
The resolution was adopted.
The PRESIDENT subsequently appointed Messrs. Bellamy, Parrish and Hanna said committee.
Mr. HANNA said he was already a member of one committee investigating affairs connected with the Journal office, and he asked to be excused from serving on this one.
The PRESIDENT substituted Mr. Howk for Mr. Hanna, on this committee.
Mr. Mason's bill [S. 128] to amend section 28 of the act defining felonies, approved June 10, 1852, was read the second time and ordered engrossed.
On motion of Mr. VAWTER the bill [S. 114] amending sundry sections of the school law (see page 229, 230, 267 and 268 of the BREVIER LEGISLATIVE REPORTS,) was read the third time.
The vote on the bill resulted - yeas 19:, nays 14.
No quorum voting -
A call of the Senate revealed the fact that 34 Senators were present.
A second vote on the passage of the bill resulted - yeas 18, nays 16.
So the bill failed to pass for want of a constitutional majority.
Mr. VAWTER obtained leave of absence for the balance of the afternoon on account of ill health.
THE INSANE ASYLUM.
Mr. CULLEN having asked but failed to obtain leave - by a tie vote - a few minutes ago, now moved that the order of business be suspended to enable him to offer the following:
Resolved, That the Committee on Benevolent Institutions be and are hereby directed to make a report of their investigation in connection with certain alleged frauds in the management of the Insane Asylum by Thursday next.
The yeas and nays being demanded on the motion to dispense with the regular order of business, they were taken, resulting yeas 18, nays 15.
No quorum voting -
The Senate adjourned.
