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Brevier Legislative Reports, Volume IX, 1867, 476 pp.
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IN SENATE.

TUESDAY, January 15, 1867.

The Senate met at 2 o'clock P. M.

The Secretary's minutes of yesterday's proceedings were read.

Mr. KINLEY presented a petition from colored persons in favor of universal suffrage; and Mr. RICE a petition for the passage of a law providing that highways shall be worked by contract; which were read and referred to appropriate Committees.

Mr. THOMPSON presented a communication from the Superintendent, of Public Instruction, transmitting that officer's biennial report for the year 1865-6; which was referred to the Committee on Education.

Mr. BENNETT, from the special Committee to superintend the appointment of employes of the Senate, reported that the; Principal Secretary had appointed five; the Assistant Secretary six; and the doorkeeper eleven and three pages; and recommending their confirmation by the Senate.

The report was concurred in.

A message from the House announced the passage by that body of a concurrent resolution, providing for the printing of 10,000 copies of the Governor's message.

Subsequently -

This resolution was concurred in by the Senate.

Mr. CULLEN, from the select committee thereon, made a report recommending the adoption of the printed rules of the last session for the government of this, excepting a change as to the "orders of the day.",

The report was concurred in.

Mr. MILLIGAN, from the select committee thereon, made a report referring to appropriate committees the several parts or divisions of the Governor's message.

The report was concurred in.

RESOLUTIONS.

Mr. RICHMOND offered a resolution, which was adopted, appointing Messrs. Thompson, Niles and Sherrod, a committee to inquire into the present imperfect ventilation of the Senate Chamber, and take measures to improve the same, if possible.

Mr. OYLER offered a resolution, which was adopted, directing the printing of 200 copies of the rules and standing committees of the Senate, in pamphlet form.

Mr. CRAVENS offered a concurrent resolution, which was adopted, authorizing the appointment of a committee of three on the part of the Senate, to act with a similar committee on the part of the House, to inquire into the expediency of providing suitable rooms for State officers, and for chambers of the Supreme Court.

Mr. OYLER offered a resolution, which was adopted, authorizing the Committee on Elections and the Committee on Organization of Courts, each to employ a clerk.

Mr. THOMPSON offered a resolution, I which was adopted, instructing the Committee on Corporations to suggest remedies for such imperfections as may be found in the provisions of an act entitled An Act to repeal all general laws for the incorporation of cities, &c., approved December 20, 1865.

NIAGARA SHIP CANAL.

Mr. CARSON introduced a joint resolution [S 2] instructing our Senators and requesting our Representatives in Congress, to favor the early passage of a bill which shall insure a ship canal around the Falls of Niagara; which was read the first time and passed to the second reading.

NEW PROPOSITIONS.

The following described bills for acts of the General Assembly were introduced, read the first time and severally passed to the second reading:

By Mr. CULLEN, (S. 26) appropriating $75,000 to defray the expenses of the 45th Session of the General Assembly. [On his motion the rules were suspended,yeas 41, nays 2the bill read the second time and referred to the Committee on Finance.]

By Mr. MASON, [S. 27] to divide the State into Congressional Districts.

It provides as follows:

SEC. 3. The counties of Posey, Vanderburg, Warrick, Spencer, Dubois, Pike, Gibson, Knox and Davis shall constitute the first District.

SEC. 4. The counties of Perry, Orange, Crawford, Martin, Lawrence, Washington, Harrison, Floyd, Clark and Scott, shall constitute the second District.

SEC. 5. The counties of Jackson, Bartholomew, Jennings, Jefferson, Ripley, Dearborn, Ohio and Switzerland, shall constitute the third District.

SEC. 6. The counties of Sullivan, Green, Monroe Brown, Owen, Clay, Vigo, Parke and Vermillion shall constitute the fourth district.

SEC. 7. The counties of Putnam, Hendricks, Boone, Hamilton and Marion shall constitute the fifth district.

SEC. 8. The counties of Morgan, Johnson, Shelby, Hancock, Rush, Decatur, Franklin, Union and Fayette, shall constitute the sixth district.

SEC. 9. The counties of Wayne, Randolph, page: 38[View Page 38]Jay, Delaware, Henry, Madison and Grant shall constitute the seventh district

SEC. 10. The counties of Fountain, Warren, Tippecanoe, Carroll, Howard, Tipton, Clinton, and Montgomery shall constitute the eighth district.

SEC. 11. The counties of Benton, White, Cass, Fulton, Marshall, Starke, Laporte, Lake, Porter, Newton, Jasper and Pulaski shall constitute the ninth district.

SEC 12. The counties of St. Joseph, Elkhart, Lagrange, Steuben, Noble, DeKalb, and Kosciusko shall constitute the tenth district.

SEC. 13. The counties of Miami, Wabash Whitley, Allen, Huntington, Wells, Adams and Blackford shall constitute the Eleventh District.

By Mr. BONHAM, [S. 28] to amend section 18 of an act entitled An Act prescribing the powers and duties of Justices of the Peace in State prosecutions. [So as to give to Justices of the Peace power to collect costs in State prosecutions.]

By Mr. BENNETT, [S. 29] defining who shall be competent witnesses in any court of judicial proceeding in this State. [Without distinction of color or blood.]

By Mr. REAGAN, [S. 30] to provide for the protection of fish, defining the time in which they shall be trapped, &c [Unlawful between the first days of March and September in each year.]

By Mr. BELLAMY, [S. 31] to amend section 117 and repeal section 116 of an act entitled An Act to revise, simplify and abridge the rules practice, pleadings and forms in criminal actions in courts ot this State, approved June 17, 1852.

So that section 117 shall read as follows:

SECTION 117 When the defendant is found guilty the court shall determine the amount ot the fine and the punishment, to be inflicted, and render judgment accordingly: the defendant to be liable tor all costs unless the court expressly determine otherwise.

By Mr. RICE, [S.32] to provide for issuing capias ad satis aciendum in actions for repletion of personal property, defendant shall fraudulently conceal, remove, transfer, withhold or refuse to deliver said property, and providing the manner of proceedings to obtain said writ in certain cases therein specified.

By Mr. BENNETT, [S. 33] to amend sections 10,13, 14, 15, 16, 17 and 18, of an act regulating the fees of officers, &c., approved March 2, 1855; [so as to increase the fees of Constables, Justices of the Peace, Jurors, Witnesses and County Commissioners.]

By Mr. CULLEN, [S.34] to amend section 3 of an act to establish Courts of Common Pleas, &c., approved May 14, 1852, and creating a new district, and appointing a Judge therein.

By Mr. STEIN, [S. 35] to amend sections 19 and 29 of an act defining felonies, &c., approved June 20, 1852; [making it "grand larceny" to steal $25instead of $5 as the law now is-penalty $1,000 fine and imprisonment not less than one nor more than seven years.]

By Mr. RICHMOND, [S. 36] to amend an act providing for the appointment of a Sheriff of the Supreme Court, &c., approved May 13,1852; [by adding an additional section, allowing that officer a salary of $2,000 per year,]

SINKING FUND BUILDING.

Mr. CUMBACK moved to suspend the order of business and take up the message from the House in regard to the sale of the Sinking Fund property.

The motion was agreed to by yeas 29, nays 15.

Accordingly, the joint resolution [H. R. 4] for suspending the sale of the Sinking Fund building, in the city of Indianapolis, for the appointment of a committee to examine the same, and report upon the propriety of its purchase by the State, was read the first time.

Mr. OYLER. I would ask what is the necessity of reading joint resolutions on three several days when there is no Constitutional provision requiring it?

The LIEUTENANT GOVERNOR. It has been the custom heretofore to read joint resolutions on three several days, but I suppose it entirely competent for a majority of the Senate to put a joint resolution upon its passage by reading it a second and third time.

Mr. OYLER. Then I move to read this joint resolution the second time now.

The motion was agreed to by yeas, 31, nays 14.

So the joint resolution was read the second time.

Mr. NILES made an ineffectual motion - yeas 21 nays 25 - to strike out "60" wherein it occurs in the joint resolution, and insert "10" in lieu.

On motion by Mr. OYLER, the joint resolution was then read the third time, and finally passed the Senate by yeas 30, nays 14.

A MESSAGE FROM THE HOUSE

announced the concurrence of that body in the Senate resolutions on the subject of the national debt and national currency; a house of refuge for juvenile offenders; concerning suitable rooms for State officers and the Supreme Court; and on ratifying the appointment of a Commissioner of Immigration.

PUBLIC ROAD ORGANIZATIONS.

Mr. CRAVENS, from the Committee on Corporations, returned his bill, [S. 21], extending three months time for organization to parties purchasing plank, McAdamized and other roads; recommending its passage without amendment.

Subsequently-

On motion by Mr. VAWTER, the order of business was suspended, the bill was considered as engrossed, read the third time, and finally passed the Senate by yeas 41, nays 0.

REORGANIZATION OF THE JUDICIAL SYSTEM.

Mr. CASON, by consent, offered a concurrent resolution that there be a committee of three appointed on the part of the Senate and three on the part of the House to take into consideration the reorganization of the courts, and that said committee have leave of absence at such times as may be needed to propose and perfect such system. Mr. C. said: Before putting the motion, I wish to observe that my object is to get a committee whose special duty it shall be to take into consideration the reorganization page: 39[View Page 39] BREVIER LEGISLATIVE REPORTS.39of courts. In is very evident to the Senate that the standing committees do not have the time to spare which should be given to this subject; and to attempt an organization in an imperfect way will not satisfy our people. I offer the resolution with the understanding, of course, that I will not be placed upon the committee.

The resolution was adopted.

WORK FOR COMMITTEES.

The following described Senate bills, introduced yesterday, were read the second time and referred to appropriate committees.

Mr. Bellamy's, mistake in conveyance [12], and Mr. Oyler's, changes of venue [13], to the judiciary Committee.

Mr. Thompson's, Board of Immigration [14], to theCommittee on Immigration.

Mr. Hanna's, legislative apportionment [15], to the Committee on that subject.

On motion of Mr. BENNETT, the following described Senate bills were read by title only and referred to committees:

Mr. Kinley's, eight hour [16], to the Committee on Rights and Privileges.

Mr. Parrish's. amending the general license act[17]; Mr. Noyes', execution sale [18]; Mr. Wolcott's, revision of the statutes [19]; Mr. Oyler's, county officers' practice [20]; Mr. Jacquess', oath fee [22]; Mr. Oyler's, grand larceny [23]; and Mr. Church's, Notary Public [24], to the Committee on the Judiciary.

Mr. Kinley's, Congressional apportionment [25], to the Committee on that subject.

On motion by Mr. OYLER, the House concurrent resolution authorizing the printing of ten thousand copies of the Governor's message, was taken up and concurred in.

The LIEUTENANT GOVERNOR makes the committees on the part of the Senate on the national debt and national currency resolution to consist of Messrs. Wolcott, Cravens, Niles and Howk; and on the Immigration Commissioner, Messrs. Stein, Kinley and Newlin

And then the Senate adjourned.

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