IN SENATE.
TUESDAY, March 5, 1867.The Senate met at 9 o'clock.
Yesterday's minutes were not read.
Mr. ENGLISH and Mr. CRAVENS presented claims; and Mr THOMPSON a memorial; which were referred to the Committee on Claims.
REPORTS FROM COMMITTEES.
Mr. WARD, from the Committee on Roads, reported adversely on a biil [S. 77] - title not read and it, was laid on the table.
Mr. PARRISH, from the Committee on Military Affairs, returned the bill [H. R. 316] to indemnify officers for acts 'done in the military service, &c., recommending its passage.
On motion by Mr. CULLEN, it was read the second time.
Mr. CARSON moved the reference of the bill to the Judiciary Committee.
Mr. OYLER asserted that this bill had received all the attention necessary in the House - that it was a bill to save from utter ruin the men who came to the rescue of our country in its hour of need - and as it can not be amended so as to suit Democrats, it should be passed to-day, and not be delayed by reference to a committee.
Mr. CARSON regarded it as unconstitutional and ex post facto - changing the nature of evidence ia acts heretofore committed; but he withdrew his motion.
The bill, was ordered to be engrossed.
Mr. STEIN, from the Committee on Organization of Courts, returned Mr. CARS0NS' bill [S. 237] creating the 19th, 20th and 21st Criminal Circuits, recommending its passage.
On motion by Mr. S., it was read the second time, and ordered engrossed.
Mr. OYLER, from the same committee returned the Tenth Judicial Court bill [S. 236] recommending its passage.
On motion by Mr. CARSON, it was read second time and ordered engrossed.
Mr. OYLER also returned the First Judicial Court bill [S. 240] recommending the passage of a substitute therefore.
Mr. NOYES, from the Committee on County and Township business, returned the bill [S. 156] filing of petitions for complaints in Commissioners' Courts, recommending its indefinite postponement.
Mr. CASON, from the Committee on Education, returned an Agricultural College bill [S.162] and resolutions and memorials on the same subject; recommending that they lie on the table.
These reports were concurred in.
Mr. WOLCOTT, from the select committee thereon, returned the biil [S. 126] proposing an amendment to the Constitution, reporting a substitute therefor, authorizing the levy of a tax by cities and towns for common school purposes; and providing for annual sessions of the Legislature without limit as to length of terms, etc.
Mr. BENNETT moved to recommit the bill with instructions to inquire into the expediency of making it a joint resolution.
Mr. CASON, ptoposed further instructions against the Legislature ever assuming any Wabash and Erie Canal indebtedness, etc. - or any liabilities growing out of the Butler bill or act supplementary thereto.
Mr. RICE suggested another amendment to the instructions: - striking out all after the first clause.
Mr. ROBINSON, Mr. BENNETT, Mr. WOLCOTT, and Mr. CASON spoke briefly as to the proper course to pursue in the progress of such propositions,
The motion to recommit was agreed to.
Mr. CULLEN moved to reconsider the vote of yesterday rejecting the Evansville city charter bill [S. 154].
The motion was agreed to, and the bill takes its place on the files.
Mr. MILLIGAN, from the Committee on Rights and Privileges, returned the bill [S. 224] amending the act governing the Insane Hospital, recommending its passage.
AGRICULTURAL COLLEGE.
Mr. MASON offered the following:
WHEREAS, The Agricultural College should be located at some suitable point in this State, at as early a date as possible; and whereas, the County Commissioners of Hancock county, Ind, have offered the sum of one hundred thousand dollars to purchase a suitable farm, and erect apppopriate buildings thereon, should the General Assembly of the State of Indiana deem proper to locate the Agricultural College-at the town of Greenfield, in Hancock county,. Indiana, or within the vicinity thereof; therefore
Be it Resolved, That this proposition be referred to the Committee on Agriculture, and that the said Committee be requested to report to this Senate, by bill or otherwise, the propriety of locating said College at said town of Greenfield, at this term of the General Assembly.
Mr. MASON. It may be said that this is a late day to introduce such a proposition, but it is simply a new idea in our county. The Board of County Commissioners have made a written agreement pledging the sum of $125,000 if the General Assembly will locate the Agricultural College either at Greenfield or I suppose any point in the county. I simply desire that this proposition shall be referred to the Committee indicated in the resolution, in order that they may consider and report on it. There is no more elligible point than Greenfield in the State for the location of this college, arid there has been no proposition made here equal to this one. It is a point near the State Capital, and more accessible than any location would be three or four miles from Indianapolis.
It was adopted.
THE STATE PRISONS.
Mr. RICHMOND offered a resolution, which was adopted, allowing each member of the Committee on State Prisons $3 for every 25 miles travel in visiting the Northern and Southern Prisons, to be paid on certificate of the President.
Mr. RICHMOND introduced a bill [S. 243] for an act to authorize the Governor, Auditor, Treasurer and Secretary of State to contract the labor of the State Prison of Indiana [for ten years] and prescribing the page: 388[View Page 388]terms and conditions. It was referred to 'the Committee on State Prisons.
THE FEDERAL EXECUTIVE.
The special order - Mr. Oyler's Presidential appointee resolution (printed on page 319 of these Reports,) coming up -
Mr. MASON moved to lay it on the table.
The motion was rejected by yeas 13, nays 25 - as follows:
YEAS - Messrs. Bowman, Carson. English, Gifford, Hanna, Howk, Huffman. Humphrey, Lee, Mason, Newlin, Sherrod and Turner - 12.
NAYS - Messrs. Armstrong, Bellamy, Bennett, Cason, Church, Cravens, Culien, Hyatt, Jaquess, Johnson, Lewis, Milligan, Oyler, Parrish, Reagan, Reynolds, Rice, Richmond, Robinson, Stein, Terry, Thompson, Ward, Wolcott and Mr. President - 25.
The resolution was then adopted without a division.
NATIONAL CEMETERIES.
On motion by Mr. PARRISH, the bill [S. 233] appropriating $6,132 28 to the Antietam, and $4,622 83 to the Gettysburg Cemeteries, being read the third time -
Mr. CARSON moved to recommit, with instructions, and insert $6,000 for a monument to General Anthony Wayne at Fort Wayne.
Mr. TURNER moved to amend by adding an appropriation for a Joe Daviess monument at the Tippecanoe Battle Ground.
Mr. CARSON accepted.
On motion of Mr. BENNETT the motion to recommit was laid on the table by yeas 27, nays 12.
Mr. PARRISH urged the passage of the bill in a few brief remarks.
The bill passed by yeas 39, nays 0.
BILLS ON THE THIRD READING.
On motion by Mr. CRAVENS, the Senate proceeded to the consideration of bills on the final reading.
Mr. Cason's bill [S. 149] authorizing manufacturing and mining companies to hold necessary real estate, &c., (see page 154) , was read the third time and passed by yeas 28, nays 6.
Mr. Richmond's bill [S. 155] to regulate salaries and the number of deputies allowed county officers (see page 161) being read the third time -
Mr. RICHMOND stated that it would save the people from 50 to $100,000 a year; for these officers are receiving pay far in advance of what the services warrant.
Mr. CARSON regarded the principles of the bill as correct, but was not prepared to vote for it as at present framed.
Mr. NILES was of the same opinion; and also believed that many of these officers received altogether too much for their services.
The bill was rejected by yeas 6, nays 36.
Mr. Jaquess' bill [S. 154] amending section 6 of the Evansville city charter act of July 27, 1847, was read and passed by, yeas 27, nays 16.
The Committee on Public Buildings' bill [S. 159] providing for the appointment of a night watchman for the State House at $75 per month, was read the third time, and passed by yeas 30, nays 13.
Mr. Reagan's bill [S. 169] providing for the appointment of visitors to the Prisons and Benevolent Institutions of the State being read the third time -
Mr. REAGAN said the bill provides that the Governor shall appoint the visitors, and they shall receive no compensation. The institutions are not to be apprised of these visits, and it is expected much benefit will result from this measure.
The bill passed by yeas 35, nays 6.
Mr. Taggart's bill [S. 168] to provide for the prosecution of bastardy in certain cases, was read the third time, and rejected, yeas 12, nays 29.
Mr. Huffman's bill [S. 170] amending section 70 of the Justices act of June 9, 1852, so that costs shall follow judgement on appeals in civil cases, being read the third time.
Mr. NILES and Mr. CARSON objected to it.
Mr. MASON, Mr. CULLEN and Mr. STEIN favored its passage.
The bill failed for want of a Constitutional majority - yeas 20, nays 17.
Mr. Wolcott's Warren Circuit Court bill [S. 171] was read the third time and passed by yeas 39, nays 1.
Mr. Stein's bill [S. 176] requiring Railway Companies to erect signs at all highway crossings, was read the third time and passed by yeas 27, nays 12.
Mr. Richmond's bill [S. 177] amending section 8 of the Plank and Turnpike Road act, being read the third time -
Mr. RICHMOND explained that it merely amends the law so as to tax those who attend funerals for hire over these roads by requiring them to pay toll as other persons.
Mr. WOLCOTT suggested that this bill might operate to increase the expenses of funerals.
Mr. OYLER thought it but just and right that a funeral cortege should pass a toll gate without interruption, and for that reason he opposed the passage of the bill.
Mr. RICHMOND was of opinion that the procession would not be stopped - the toll would be collected on the return.
The bill was rejected - yeas 7, nays 29.
TAXATION OF BANK STOCK.
Mr. Hanna's bill [S. 178] regulating the assessment and collection of taxes on the capital stock owned in banks and banking page: 389[View Page 389] associations doing business in the State of Indiana being read the third time -
Mr. HANNA, replying to a question, stated that a decision of the Supreme Court made this stock taxable.
Mr. OYLER objected to the provision compelling the bank officers to make an exhibit of their books from which the tax list shall be made, and thought it evident that the bill was introduced to contravert the laws of the United States on the subject.
Mr. WOLOOTT raised the point of order that this bill, under rule 46, should receive its first discussion in committee of the whole.
The PRESIDENT so decided.
Mr. ARMSTRONG made an ineffectual motion (at 12 o'clock) to adjourn - yeas 21, nays 21; the yeas and nays having been demanded by Mr. Hanna and four others.
Mr. WOLCOTT moved ineffectually to lay the bill on the table - yeas 14, nays 27.Mr. NILES made an ineffectual motion - yeas 14, nays 26 - to adjourn.
The PRESIDENT decided that the bill must be considered in Committee of the Whole, under the rule, before it can be passed.
On motion of Mr. HANNA the Senate resolved itself into a Committee of the Whole, Mr Cullen in the chair.
Mr. BENNETT moved that the committee rise and report the bill to the Senate without recommendation.
Mr. HANNA moved to amend the motion by recommending the passage of the bill.
Mr. Hanna's motion was agreed to.
Accordingly the committee rose and the committee reported the bill back recommending its passage.
The Senate too a recess till 2 o'clock
AFTERNOON SESSION.
[Leaves of absence were obtained for Mr. Bonham on account of sickness, and Mr. Jaquess and Mr. Terry temporarily.]
Mr. OYLER withdrew his objections to the pending bill. It was then passed by yeas 35, nays 1.
Mr. Hanna's bill [S. 180] amending section 23 of the act for the government of the Insane Hospital so that sheriffs shall take care of lunatics at the expense of the county until removed to an asylum, being read the third time -
Mr. HANNA explained its provisions.
The bill passed by yeas 38, nays 0.
Mr. Cravens' bill [S. 183] to legalize the consolidation of railroads heretofore made, and declaring all laws relating thereto, being read the third time -
Mr. OYLER called attention to the fact that he had an amendment pending striking from this bill all that relates to railroad consolidations already made.
Mr. CASON moved that the bill be recommitted with instructions to so amend as that it shall apply only to future consolidations.
Mr. CRAVENS resisted the motion. He believed the policy proposed in this bill was the best for the railroad interest of the country, and he desired that a vote should be taken directly on the bill as it now stands. He reasoned at length in favor of immediate action on this measure.
Mr. HANNA could not see that this harrassing legislation against one of the greatest interests of the State would amount to anything, and for one he was not willing to throw a clog in the way of that interest. He favored the motion to recommit.
Mr. OYLER spoke in opposition to the bill in its present shape.
Mr. BENNETT demanded the previous question.
The Senate seconded the demand, and under the operations of the previous question-
The motion to recommit was agreed to.
Mr. Niles' bill [S. 185] authorizing Circuit and Common Pleas Judges to appoint receivers in vacation, &c., was read the third time and passed by yeas 29, nays 10.
Mr. Cason's bill [S. 186] supplemental to the act to provide for the settlement of decedents estates, &c., was read the third time and passed by yeas 26, nays 13.
Mr. Bellamy's bill [S. 187] to provide for keeping a pauper record by the Recorder of each county, was read the third time and passed by yeas 41, nays 0.
Mr. Noyes' bill [S. 190] allowing County Treasurers ten per cent, for the collection of delinquent taxes, was read the third time and passed by yeas 27, nays 14.
Mr. Bellamy's bill [S. 192] amending section 11 of the act regulating the fees of officers, approved March 2, 1855, (increasing County Surveyors' fees about 25 per cent.) being read the third time -
Mr. BELLAMY considered such a measure necessary in order to obtain the services of competent mer in tbe Surveyor's office. The present fees are so low that in some counties no one has been found willing to accept the office for years.
The bill was rejected - yeas 19, nays 20.On motion by Mr. WOLCOTT, the House amendments to the bill [S. 227] consolidating the sinking fund into one non-negotiable bond, etc., were taken up and concurred in.
Mr. Robinson's bill [S. 195] to cure defective and illegal bonds of executors and administrators being read the third time -
Mr. ROBINSON stated that it was intended to cure defects in the present law to put these bonds upon the same ground page: 390[View Page 390] that guardians bonds are - they shall not be void because of any defect.
The bill passed by yeas 40, nays 1.
Mr, Cullen's bill [S. 198] affecting the boundary lines of Warren and Fountain counties being read the third time -
Mr. WOLCOTT. After this bill was introduced it was referred to a select committee of which I was chairman, and that committee reported it back with amendments recommending its passage. The bill affects local interests entirely, and the reason its passage was recommended was because numerous petitions had been received asking for its passage, and the other member of the committee, representing the county of Fountain, was satisfied that he expressed the wishes of the people of his county when he favored it. Since that time numerous remonstrances had come in here to the number of 1,090 names, while the whole number of petitioners for the change amount only to 623. The names of remonstrators amount to nearly one-half the voters of Warren county. Submitting this state of facts I leave the question to the vote of the Senate. As I have no interest, in the bill but a desire to represent the wishes of the people of my county, I shall vote against it.
Mr. NEWLIN. This bill was referred to the Senator from White [Mr. Wolcott] and myself. I am satisfied that there is considerable opposition to this bill in Warren county from the town of Williamsport, but the citizens of Fountain county have been, and are now, in favor of the measure, and I think I speak intelligently when I say that the southern portion of Warren county is measurably in favor of it. I have received petitions signed by some six hundred and fifty petitioners for this change, and I am informed that there are some six hundred and fifty more names on the way which may be here to-day. I would like to see the boundaries changed, for I am satisfied it will meet the views of a majority of the people of both counties. The bill itself proposes to leave the matter to a vote of the people, and if they are not satisfied with it, they have a remedy at the coming election. It is not absolutely a change of boundary unless it shall meet the views of a majority of the voters of both counties. If one county votes'against it, that defeats the measure; so that it is not dependent upon my county alone. The bill leaves the thing entirely in the hands of the people, if they are not satisfied with the change. I nope Senators will favor the measure and vote for it.
Mr. STEIN regarded the bill as a very extraordinary one. Both of these counties bear a sort of triangular shape lying on opposite sides of the Wabash river, their largest form being north and south. It is now proposed to divide them by a line running east and west; and while it might make them look more sightly on the map, it is a dangerous business to interfere with and change the boundaries of old counties, and it was on the latter principle he placed his opposition. Then there is a question of constitutional power in this bill a special law cannot be passed where a general one can be made applicable;and he suggested other constitutional provisions in the way of the effectual working of the bill even if it were passed.
Mr. HANNA pointed out the shape of the counties of Warren and Fountain on a map, and spoke -in favor of the proposed change.
Mr. MILLIGAN stated that the representatives from both Warren and Fountain counties had been in this chamber requesting us not to pass this bill.
The bill passed by yeas 26, nays 11.
Mr. ARMSTRONG. Mr. President, I ask leave of absence for the Senator from Randolph (Mr. Ward), until Thursday, 2 P. M., to enable him to attend the funeral of his uncle, Elias Kizer, whose death has just been communicated to him by telegraph.
It was so ordered by consent.
Mr. Bonham's bill [S. 200], legalizing the action of Thomas B. McCarty, Auditor of State, in relation to a settlement with a defaulting treasurer of Pulaski county, and authorizing the sale of 440 acres of land recovered thereby, being read the third time -
Mr. CULLEN was not willing to release the defaultter without inquiry into the legality of the matter.
Mr. OYLER would vote for this bill for the same reason he voted for the Montgomery county bill.
The bill failed for want of a constitutional majority - yeas 24, nays 11.
Mr. Wolcott's bill [S. 207], requiring of certain State officers reports at certain periods (see p. 260) was read the third time and passed, by yeas 29, nays 11.
Mr-. Bennett's bill [S. 110], amending section 2 of the liquor law of March 5, 1859, by providing for appeals by sellers or remonstrators, &c., was read the third time, and failed for want of a constitutional majority - yeas 21, nays 17.
Mr. Steins' bill [S. 211] amending section 1 of an act amending section 352 of the Practice act - concerning the granting of new trials - being read the third time-
Mr. NILES explained that under the old law more than two trials are peremptorily denied, and by this change a new trial would page: 391[View Page 391] be permitted for error of the law committed by the court.
The bill passed by yeas 36, nays 2.
Mr. Bowman's bill [S. 215] to prevent the spread of "hog cholera" and other diseases among domestic animals, was read the third time and passed by yeas 39, nays 1.
Mr. Niles' bill [S. 216] providing for a re-publication of eight volumes of Blackford's Reports, being read the third time -
Mr. MILLIGAN asked for unanimous consent to strike out the name of Mr. Davis and insert the name of Samuel Merrill.
Objection was made.
Mr. JOHNSON moved to indefinitely postpone the bill.
Mr. BENNETT regarded this as a very important bill, and resisted the motion to postpone.
Mr. CARSON favored the leaving of this matter to private enterprise, and was opposed to the setting up of the Supreme Court in the publishing business.
The motion to indefinitely postpone was agreed to by yeas 21, nays 20.
Mr. BELLAMY moved to reconsider the vote by which the bill [S. 198] changing the boundary line between Warren and Fontain counties was passed, as he did not understand at the time he voted for it that the remonstrators so far outnumbered the petitioners.
Mr. NEWLIN announced again that there were over six hundred and fifty petitioners here now, and as large a number more were on the way - would probably, be here to-night.
Mr. BELLAMY, with that understanding, withdrew his motion.
The committee's substitute for Mr. Hanna's bill [S. 122] regulating the practice of dentistry, numbered by the Secretary S. 217, was read the third time and rejected - yeas 13, nays 25.
Mr. OYLER offered a resolution inviting Major General Thomas Jefferson Wood, the first mustering officer in Indiana to seat on the floor of the Senate.
Objection being made -
Mr. OYLER moved that the rules be suspended to enable him to introduce the resolution.
The motion was agreed to.
Mr. OYLER then moved its adoption.
The resolution was adopted.
The PRESIDENT appointed Messrs. Oyler, Bennett and Richmond a Committee of Invitation.
The committee proceeded to the east lobby, and returning to the front of the President's Chair -
Mr. OYLER said: Mr. President, I have the honor to introduce to you, and through you to the Senate of Indiana, Major Genera T. J. Wood.
The PRESIDENT requested the General to be seated.
On motion of Mr. CULLEN, the Senate took a recess for ten minutes.
When the PRESIDENT called to order-
Mr. Oyler's bill [S. 225] to amend sections 4 and 6 of the act regulating foreign insurance companies doing business in this State, &c., approved December 21, 1865reducing the limitation to sue insurance companies from three years to onewas read the third time and rejected - yeas 7, nays 27.
Mr. Bellamy's bill [S. 226] amending the harter of the Vevay, Mount Sterling and Versailles Turnpike Company, approved January 4,1850, being read the third time.
On motion by Mr. BELLAMY, it was laid on the table.
Mr. Richmond's bill [S. 229] concerning the duties of common carriers, coming up -
On motion by Mr. RICHMOND it was laid on the table.
NEW PROPOSITIONS.
Mr. ARMSTRONG introduced a bill [S. 244] for an act creating the 23d Common Pleas District [Boone and Clinton counties] making provision therefor and repealing all conflicting laws. It was referred to a committee composed of Senators interested.
Mr. BELLAMY introduced a bill [S. 245] for an act to repeal section 131 of the common school law [the tax for township libraries,]
Mr. WOLCOTT moved to dispense with the constitutional restriction, that the bill may be put upon its passage now.
The motion was agreed to by yeas 36, nays 1 - the bill was read but once again, and passed by yeas 38, nays 0.
Mr. TURNER offered a resolution directing the Auditor of State to furnish fifteen copies of his enumeration chart of the State for each Senator and elective officer, five colored so as to show the Congressional, five the Senatorial, and five the Representative districts as fixed by this Legislature.
It was adopted by yeas 30, nays 8.
Mr. Carson's Niagara ship canal joint resolution, [S. 2 - see p. 37] was read the third time, and passed by yeas 30, nays 8.
On motion by Mr. BENNETT, the Senate proceeded to consider bills on the second reading.
Mr. Taggart's first judicial court bill [S 240] ; Mr. Bellamy's bill [S. 224]; amending section 16 of the act for the government of the Insane Hospital; Mr. Milligan's bill, [S. 242] amending section 6 of the act incorporating the Wabash manual labor college, were read the second time and severally ordered engrossed.
Mr. HOUGUITON, from the Committee on Public Buildings, returned the bill [H. R. 286] for the erection of a public building for State offices; recommending its passage with an amendment striking therefrom the words "together with Judges of the Supreme Court."
On motion the bill was read the second time.
page: 392[View Page 392]Mr. CARSON moved to amend by making the bond non-negotiable.
The amendment was agreed to.
Mr. HANNA, from the Committee on Corporations, returned the bill [H. R. 15] to carry out the provisions of the Normal School act, recommending its passage.
On motion by Mr. H. the bill was read the second time and made the special order Justice for to-morrow at 3 o'clock P. M.
And then - the files being cleared of Senate bills - the Senate adjourned.
