IN SENATE.
WEDNESDAY, MARCH 6, 1867.The Senate met at nine o'clock A. M.
Yesterday's minutes were not read.
REPORTS FROM COMMITTEES.
Mr. REAGAN, from the Claims Committee, returned the joint resolution [H. R. 10] for the relief ot David T. Stevenson, recommending its passage.
Mr. MASON, from the Committee on Rights and Privileges, returned the bill [H. R. 81] regulating the hours of labor for infants in cotton page: 398[View Page 398] and woolen factories, recommending its passage.
On motion by Mr. JOHNSON, it was read the second time and passed to the third reading.
Mr. MASON also returned from the same Committee Mr. Robinson's bill, [S. 221] for the registration of births, marriages and deaths, recommending its indefinite postponement.
On motion by Mr. OYLER, the report was laid on the table in the absence of the author.
Mr. HUEY, from the same Committee, returned the bill [S. 232] - title not read - recommending its indefinite postponement. The report was concurred in.
Mr. WOLCOTT, from the select committee thereon, returned the bill [S. 220]title not read recommending its passage ; and the bill [H. R. 275] amending the assessment laws, reporting adversely thereon as superceded matter. The report was concurred in.
Mr. WOLCOTT, from the Finance Committee, returned the bill [H. R. 21] increasing the fees of officers, reporting adversely thereon, and it was laid on the table : also the joint resolution [S. 7] for the relief of J. I. Morrison, recommending its passage.
Mr. CRAVENS, from the Committee on Corporations, returned the bill [H. R. 223] title not read - recommending its consideration with a similar Senate bill.
Mr. LEWIS, from the Committee on County and Township Business, returned the bill [H. R. 133] amending section 38 of the Justices act, recommending its reference to the Judiciary Committee. The report was concurred in.
Mr. CRAVENS, from the Committee on Corporations, returned the bill [H R. 211] concerning hydraulic companies, recommending its passage; also the Indianapolis widow and orphan asylum bill [H. R. 262] with a favorable report thereon.
On motton by Mr. THOMPSON, the latter bill was read the second time, and passed to the third reading.
Mr. STEIN, from a special joint committee on a resolution concerning the appointment of John A. Wilstach commissioner to the Universal Exposition, made report, recommending the ratification of the appointment, and the passage of a resolution authorizing the Committee on Finance to insert in the specific appropriation bill an allowance of $5,000 for his expenses.
Mr. MILLIGAN moved to amend the resolution by striking out "$5,000," and inserting "$4,000."
On motion by Mr. NILES the report was postponed and made the special order for 2 o'clock this afternoon.
Mr. NILES, from the Judiciary Committee, returned the bill [S. 45] for a House of Refuge in cities for abandoned females and minors; recommending that it lie on the table as superseded matter. The report was concurred in. He also, returned the bill [H. R. 225] amending the landlord and tenant act; and the bill [S. 132] concerning witnesses; and the bill [H. R. 193] amending section 5 of the law regarding marriages; and the bill [H. R. 207] amending the practice act, recommending their passage.
Mr. MILLIGAN, from the Committee on Rights and Privileges returned the bill [H. R. 150] reporting adversely thereon.
Mr. THOMPSON said it was a bill for the protection of labor, - it passed the other House with but two dissenting votes - and he hoped the report would not be concurred in.
Mr. OYLER insisted that it proposed but simple justice to sub-contractors and laborers, and that this measure should be passed without opposition.
Mr. CHURCH could not see where the proposed amendment differed from the present law, and he opposed unavailing legislation on any subject.
The Senate refused to concur in the report.
Mr. ARMSTRONG, from a special committee thereon, returned his bill [S. 244] creating the 23d Common Pleas District [Boone and Clinton counties,] recommending its passage.
Subsequently -
On motion of Mr. ARMSTRONG and Mr. CASON, the constitutional restriction was dispensed with by yeas 34, nays 0, and the bill passed by yeas 34, nays 4.
Mr. NILES obtained leave to vote aye, on the bill S. 178 passed yesterday afternoon.
Mr. RICE, from the Judiciary Committee, returned the lien bill [H. R. 191] without amendment; and the Book Index bill [H. R.219] with amendments, recommending their passage. Also, the bill [S. 222] allowing persons charged with crime to testify, &c., reporting adversely thereon, and it was laid on the table; also, the bill [S. 238] for the sale of certain lands in Jasper and Newton counties, recommending that it be laid on the table.
Mr. OYLER opposed concurrence in the report, stating reasons therefor.
Mr. RICE did not propose to release any defaulter till the debt is paid.
The report was concurred in.
INDIANA MILITARY AGENCIES.
On motion by Mr. BENNETT the joint resolution [H. R. 9] declaring that there is no appropriation for paying the military agencies in Indianapolis and Washington, and abolishing said offices, was read.
Mr. BENNETT offered a substitute, establishing two military agencies to prosecute and collect bounties, back pay, &c., free of charge - one at Washingtoe and one in Indianapolis, and appropriating $5,000 for the expenses thereof for the year 1867, and $5,000 for 1868. He opposed turning our soldiers over to the shysters everywhere in the State, and declared that it was not his purpose to make buncombe out of the matter. The reason the State agency has not been more popular is because the fact of its establishment is carefully concealed. We have pleanty of money to build up normal schools, and for everything else, but it seems that the House of Representatives can not afford $5,000 for such a noble purpose as this. Let it be known that this agency is established by law, and all this kind of business will be done by the State's agent.
Mr. CUMBACK, (Mr. Noyes in the chair) added his testimony to the importance of sustaining these claim agencies.
page: 399[View Page 399]There is no good man prosecuting this claim business but prefers that it should be done by the State's agent, because these gentlemen do not like to charge the soldier enough to pay for the trouble. He recited his knowlege of the matter and urged the adoption of the proposed substitute.
Mr. CULLEN was not willing to allow the subject to pass without stating his desire that these agencies should be continued at the expense of the State. He refered to personal experience, showing the abuse and extortion practiced by claim agents upon soldiers trusting to them, even after promising that the charge should be but a mere pittance.
Mr. LEE had been cautioned to be careful - that now was a dangerous time and we ought to watch appropriations - but when questions of this kind comes up he wanted it understood that no man shall go further than he to promote the interest of the soldier. He supported this measure regardless of consequences, and not knowing what course his political friends will pursue. In but few instances would he countenance the acts of Gov. Morton, but in cases where the soldier's interest is at stake he would yield support. He had but little to say on this question or any other - it was not his purpose to make speeches - but he was anxious that this measure should pass unanimously.
Mr. MASON had intended to vote against the continuence of these agencies, but gave reasons why he now concludes to vote for the substitute. $5,000 per year was not too much to appropriate for the expense of these offices; and certainly he should vote with pleasure for this measure.
Mr. MILLIGAN thought this so plain a case of justice that no opposition would be made to it. In attempting to collect for his constituents since the commencement of the session, he found the claim agent here refused to pay over the money till ten per cent, is allowed.
Mr. OYLER was satisfied every soldier knew where he stood, and would forego the pleasure of speaking on this subject for want of time. He demanded the previous question, but withdrew for Mr. Rice who promised to renew it.
Mr. RICE repelled ungenerous allusions to claim agents without exception, for he knew of many who were high-toned honorable gentlemen, refusing to make charges anything like corresponding with the services rendered. He contended that this claim agency was an absolute necessity, and with reluctance renewed the demand for the previous question.
The demand was seconded by the Senate and under stress thereof the substitute was adopted.
Mr. CARSON, by leave, expressed himself as decidely in favor of appointing these agents, but preferred that the Governor should appoint them in such places as he deemed most expedient. For the convenience of the soldiers, one agent should be in each of our larger cities, and there was no doubt but that agents in each of the larger places could be found who would do the business for a small compensation - the aggregate of which would not exceed the sum of $5, 000.
Mr. CRAVENS, by leave, said he had once determined to oppose the continuance of these offices, for the reason that while this agency has collected but five thousand claims, some thirty or forty thousand have been collected by other agents; but he would vote for the substitute for the reason that the Governor of the State has cut down his force to but one clerk, and if this agency is abolished the executive office will be flooded with inquiries, which would necessitate the employment of additional clerks. Then, again, he was willing and anxious that the present Governor should have the sanction law for doing what his predecessor did without the sanction law.
The resolution, as amended, was adopted by yeas 37, nays 1.
TAX PAY DAY.
Mr. SHERROD, from the special committee thereone, returned the bill [H. R. 277] changing the times for payment of taxes from the third Monday in March to the third Monday in April; with an amendment further putting off the time till the 10th of May. The amendment was agreed to.
Mr. SHERROD moved to dispense with the constitutional restriction, and put the bill upon its passage now.
The motion was agreed to by yeas 38, nays 0; and the bill was read.
Mr. RICE indicated an amendment providing for a sort of garnishee - a lien upon property or accounts to secure the payment of taxes. He withheld it, however, at the suggestion of friends to the measure.
The bill passed by yeas 41, nays 0.
BILLS ON THE FINAL READING.
On motion by Mr. MILLIGAN the Senate proceeded to the consideration of bills on the third reading.
Mr. Milligan's bill [S. 242] amending the act incorporating the Wabash and Manual Labor College, approved February 8, 1851 - changing the time of Trustees' meeting being read the third time -
Mr. MILLIGAN explained it.
The bill passed, by yeas 35, nays 0.
Mr. Carson's 10th Judicial Circuit bill [S. 236] - Allen, Whitley, Wells and Adams counties - was read the third time and passed by yeas 39, nays 1.
page: 400[View Page 400]Mr. Jaquess' bill [S. 220] extending the time for assessing the 10 per cent penalty for not paying taxes till the first Monday in May, and requiring County Treasurers to visit the several townships between the first of July and the 1st of March for the purpose of receiving taxes, was read the third time.
Mr. JAQUESS explained it.
The bill passed by yeas 38, nays 4.
Mr. NILES. asked unanimous consent to amend the bill by adding an emergency clause.
Mr. NOYES objected.
On motion by Mr. HANNA, the vote passing the bill was reconsidered.
Mr. Niles' emergency amendment was then agreed to by unanimous consent.
Mr. NOYES called attention to the fact that this bill requires the county treasurer to take the duplicate and go over the county in the months of January and February to collect the taxes - and how many will know of his coming? and how many not finding the duplicate at the county seat while he is going over the county will have to return home without paying their taxes and be compelled to make another trip for that purpose?
Mr. BENNETT suggested that a copy of the Tax list can at all times be found in the treasurer's or auditor's office.
The bill again passed by yeas 38, nays 4.
Mr. Bellamy's bill [S. 224] amending section 16 of the act for the government of the Insane Hospital, approved June 15, 1852, being read the third time -
Mr. BELLAMY explained that the bill provides in case an insane person shall be worth over $500, his property shall pay for expenses incurred on account of his insanity.
The bill was rejected - yeas 11, nays 31.
Mr. Carson's 19th, 20th and 21st judicial circuit ccurt bill, [S. 237] establishing criminal courts in the cities of Fort Wayne, Lafayette and Richmond, being read the third time -
Mr. HANNA spoke of the questionable propriety of passing this bill.
Mr. CARSON gave reasons for the enactment of such a law, and urged at some length its necessity in the city of Fort Wayne especially.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. GIFFORD presented claim of Capt. John Colter, which was referred to the Committee on claims without reading.
Leave of absence was obtained for Mr. Turner for this afternoon; and for Mr. Bowman on account of sickness.
Mr. NILES could not favor the pending bill without favoring unequal legislation,and of course, inclinng to that opinion would have to vote against it.
Mr. BENNETT spoke in favor of the bill. It establishes no new proposition, but simply provides for an emergency that we ourselves have created. It is a mere counterpart of one already passed, and this one should be passed or the other recalled from the House.
Mr. STEIN was of opinion the Senate would be placed in an inconsistent and ridiculous attitude if it refuses to pass this bill, having heretofore passed a measure authorizing these courts in all counties polling 7,000 votes.
Mr. RICE did not think the Senate would place itself in the position of authorizing courts, and then refuse to fix the terms thereof; and he therefore demanded the previous question.
Mr. LEE some weeks ago urged the propriety of re-districting the State, and since that time a number of new districts have been created. He should vote for this bill, however, as he had for all similar measures hoping Senators would vote for a court bill in which he was interested, when it should come up.
Mr. OYLER desiring to see the other hill defeated in the House would vote for this one.
The demand for the previous question was seconded by the Senate, and under its operation the bill passed by yeas 26, nays nays 13.
Mr. RICE, from the Judiciary Committee, returned the bill [S. 231] to save pending suits affected by the passage of a bill repealing sections 43 and 44 of an act concerning wills, &c., approved December 21, 1865: recommending its passage.
Mr. CULLEN could see no good reason for allowing an appeal in a contested will case from the common pleas to the circuit court. He opposed prolonged litigation in will cases.
Mr. HOWK said the bill was not intended to apply to suits now pending, but only to suits pending at the time of the passage of the act of 1865.
Mr. CULLEN had misunderstood the reading if this be the case. Nevertheless he opposed the bill because it would revive for litigation cases that have been settled by the courts.
Mr. RICE stated that there is a particular case in which the bill has worked a hardship - a case in Terre Haute involving some $70,000 - to which he referred in a few remarks.
Mr. HANNA moved to postpone this matter till to-morrow at 9 o'clock A. M.
Mr. RICE hoped the motion would not prevail. You might almost as well kill the bill as to put it off. This is the last day a bill can pass here with any probability of getting through the House.
page: 401[View Page 401]Mr. BENNETT thought this bill was gotten up for a special case, and he desired to see it killed.
Mr. MASON thought this a matter of too much impoitance to be passed over lightly. He hoped the bill would pass.
The motion to postpone was rejected.
Mr. HANNA. This practice for appeal from a common pleas to a circuit court always had been odious. If there was no bill he would still vote against it. He replied to Mr. Rice's reference to the Terre Haute case: declaring that the bill caused no wrong therein.
Mr. RICE rejoined. He said if there was any merit in the bill, let it be passed to-night.
The report was concurred in.
Mr. HANNA demanded the special order for this hour - the bill H. R. 15.
On motion by Mr. CARSON, the special order was passed over till the pending bill could be read the second time.
The bill was read the second time.
On motion by Mr. CULLEN, the bill was amended so as to provide that it shall only take effect in cases where steps were taken within the time limited by law to have an appeal to the circuit court.
Mr. RICE moved ineffectually - yeas 31, nays 8 - to dispense with the constitutiional restriction, and put the bill on its passage now.
On motion by Mr. HANNA the special order - the bill [H. R. 15] appropriating $50,000 to the State Normal School at Terre Haute, on the second reading, was taken up.
Mr. HANNA said this bill proposed an act of good faith on the part of the State towards the city of Terre Haute; and proceeded to recite the history of this institution from its inception - reading freely from the act for its location. He calculated the donation of Terre Haute to be worth $120,000; and the bill asks for a diversion of two years' proceeds of the township library fund - the least valued of all the State's funds, as an offset to the $120,000 donated by Terre Haute; when that city was asked to pay but $50,000 to secure the location. He moved to read the bill the third time now.
Mr. CULLEN moved to postpone the bill till to-morrow at 10 o'clock A.M.
Mr. BENNETT, though a friend to this bill, would not vote for it till the appropriation of $5,000 for the maintainance of the Soldiers' Claim Agency shall have passed the other House.
Mr. CULLEN coincided with these remarks.
Mr. CHURCH said if this was a good measure and ought to pass, how can gentlemen hide themselves, behind the fault action of other parties? He opposed the motion to postpone.
Mr. OYLER said you endanger an appropriation just in proportion as you make appropriations preceding it: and he did not want to place an argument in the mouths of the enemies of soldiers against the proposition for the claim agency.
Mr. CRAVENS, for the credit of the State, trusted that no bargain of this sort would be made on the floor of the Senate.
Mr. BENNETT said his bargain was made with himself alone, in this matter. If the representatives of Terre Haute refuse to give their votes for $10,000 in support of the soldiers' claim agency he should refuse to vote for this appropriation which goes into the community they represent.
Mr. RICE did not want to see a bill affecting the educational interest of the State suffer for any reason. The present is the time to do our duty - to-morrow does not belong to us. This is a bill in which the pride and honor of the State is concerned; and since the pledge of the Senator that the representatives of his country will vote for the soldiers' agency, why can not gentlemen vote for this bill?
Mr. CASON suggested the consideration that if this Legislature adjourned without passing the Soldiers' Claim Agency proposition, it would be heralded that the Republican majority here were not friendly to the soldiers. He was for taking care of their interests first, and then voting on these other matters.
The motion to postpone was rejected - yeas 19, nays 22.
The motion to read the bill the third time was agreed to, and it was accordingly read.
Mr. HANNA, in order that he might not be considered stubborn, moved to make the bill the special order for 10 o'clock to-morrow.
It was so ordered by consent.
The PRESIDENT laid before the Senate a communication from the Auditor of State in reply to the resolution of inquiry concerning the employment of John Pettit as attorney in the Montgomery county suit; stating that it was done on the advice of Attorney General Williamson.
Mr. CRAVENS, from the Committee on Corporations, returned the railroad consolidation bill [S. 183] with an amendment (as instructed yesterday) striking out its application to the past; [which in his judgment was striking out the only part of the bill really valuable.]
Mr. HANNA stated the average cost of railroads in this State to be $30,000 a mile, and the gross receipts of a majority are about $2,500 per mile, not two per cent on its investment, making no allowance for repairs in the future. He hoped the Senate would carefully consider the importance of this, step before taking it. He wanted no ob- page: 403[View Page 403]structions thrown in the way of railroads becoming prosperous. He knew of no railroad consolidations but what bad accrued to the public interest. Until he can hear some argument in favor of this kind of legislation he would vote against it.
Mr. NILES was inclined to think that consolidation of railroads have resulted badly; and he was unwilling to do anything that would embarrass existing railroads or hinder the building of others. He had a prejudice against all this class of legislation.
The report was concurred inaffirmative 26, negative 10.
The bill was read and rejected yeas 18, nays 25.
On motion by Mr. BONHAM, his 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 four hundred and forty acres of land recovered thereby, which failed to pass on yesterday for want of a constitutional majority, was taken up. He said it did not propose to relieve a defaulting treasurer, but simply to confirm the action of the Auditor of State in saving to the State the amount of money stated in the bill, and authorizing him to dispose of the lands thus acquired, for the benefit of the State. It is a bill which can not meet with any opposition if understood. By reference to page 25 of the Auditor's report it will be seen that that officer requests the passage of such a bill. He hoped the bill would now be passed.
The bill was passed by yeas 37, nays 3.
On motion by Mr. NILES the amendments of the House of Representatives to the House of Refuge bill [S. 161] were taken up, and being read -
Mr. NILES moved that the Senate concur in the engrossed amendments of the House. He said that the amendments did not materially change the bill, and he hoped they would be at once concurred in. The only amendments to which he could make any serious objection were those fixing the age of youths to be received into the institution, at 18 instead of 16 years, and that which throws the entire responsibility of locating the institution on the Governor, instead of on the Commissioners subject to the approval of the Governor, as was provided in the original bill; but he hoped that the bill would not be endangered by delay.
Mr. BENNETT objected to this one man power. Three good men are better to select a location than one though he be one of the best men in the State. The location of this House of Refuge should be left to the Commissioners, as it was too late now to locate it by the Legislature, which he would prefer.
Mr. BENNETT moved to concur in all the amendments except the one in relation to the location.
Mr. JOHNSON preferred the House amendments.
On motion by Mr. STEIN, Mr. Bennett's motion was laid on the table.
The motion to concur was agreed to.
On motion by Mr. THOMPSON, the Constitutional restriction was dispensed with - yeas 34, nays 4, - and the bill [H.R. 262] amending the act incorporating the Widows and Orphans Asylum at Indianapolis, approved February 18, 1851, was read the third time and passed by yeas 38, nays 1.
On motion by Mr. HANNA the vote of yesterday rejecting Mr, Niles' bill [S. 216] authorizing the publication of eight volumes of Blackford's reports, was reconsidered.
Mr. BENNETT offered a substitute for the first section, authorizing the Clerk of the Supreme Court to purchase of Merrill & Co. 500 copies of each volume at $3 per volume.
It was adopted by unanimous consent.
Mr. JOHNS0N could see no good reason why the State should purchase so many law books.
Mr. NOYES thought there was a manifest impropriety in re-printing these books for the Supreme Court judges to trade on.
Mr. HANNA thought the bill would prove a pecuniary advantage to the State.
The bill failed to pass for want of a Constitutional majority - yeas 23, nays 18.
On motion by. Mr. WOLCOTT, Mr. Jaquess' bill ,[S. 100] limiting the liabilities of inkeepers, (which failed to pass on the 22d, and again on the 28th ult.,) was taken up and yet again failed for want of a constitutional majority - yeas 24, nays 15.
On motion by Mr. CUMBACK, (Mr. Cravens in the Chair) the bill [H. R. 319] appropriating $8,000 for the State University, was read the first time and passed to the second reading.
Mr. STEIN offered a resolution imposing certain duties on the Secretary of the Senate after the adjournment of the session.
On motion by Mr. BENNETT it was referred to a Select Committee which the President made to consist of Messrs. Stein, Bennett and Hanna.
Mr. REAGAN, from the Committee on Temperance, in compliance with a resolution of the Senate, reported the total number of petitioners asking total prohibition 10,476; total number of petitioners asking for the passage of a law authorizing the sale of intoxicating liquors only on petition page: 403[View Page 403] of a majority of the legal voters of the town, township or ward 1,330.
And then the Senate adjourned.
