IN SENATE.
THURSDAY, MARCH 7, 1867.The Senate met at 9 o'clock A. M.
Yesterday's minutes were not read.
Mr. PARRISH and Mr. THOMPSON submitted claims, which were referred without reading.
The PRESIDENT laid before the Senate a communication from, the State Librarian, inclosing a proposition from W. & J. Braden to print the maps or charts of the counties15 for each member and officer - for $115.
Mr. CARSON and Mr. OYLER moved to reconsider the vote adopting the resolution - speaking against it.
The motion was adopted, and the resolution was laid on the table - the author acquiescing.
Mr. STEIN, from the Judiciary Committee, returned Mr. Cason's bill [S. 230] repealing the act of November 16, 1865; authorizing railroad companies to use the property of canals, &c., recommending its passage.
On motion by Mr. CULLEN, the bill was read the second time, and ordered to be engrossed.
Mr. BENNETT offered a resolution directing the Judiciary Committee to inquire into the expediency of prohibiting the conviction of soldiers and other well disposed persons for engaging in lotteries for the aid of disabled soldiers, their widows and orphans. He spoke in favor of the resolution.
It was adopted.
Mr. CHURCH, from the Committee on Claims, returned the claims of Reese and Gambling, recommending that they be referred to the Committee on Finance and allowed.
Mr. REAGAN, from the same Committee, returned the claim of the Daily Telegraph for papers furnished this session; and the claim of John Lanahan, with the same recommendation.
Mr. NOYES, from the same Committee, returned the claim of the Herald company [$578] for papers furnished this session ; and the claim of C. P. Wilder for Evening Gazette [$578 76] with the same recommendation.
Mr. SHERROD, from the Special Committee thereon, returned the bill [H. R. 276]title not read - recommending its passage.
Mr. REYNOLDS introduced a joint resolution instructing and requesting Congressmen to favor an appropriation for the improvement of the harbor at Michigan City; which was read but once and passed by yeas 35, nays 3.
On motion by Mr. CUMBACK (Mr. Thompson in the Chair) the bill [H. R. 319] appropriating $8,000 for the State University, was read the second time and passed to the third reading.
On motion by Mr. OYLER, the order of business was suspended, by yeas 28, nays 13, and the bill [H. R. 316] to protect and indemnify officers and soldiers of the United States, and of the Indiana Legion, for acts done in the military service, were read the third time and passed, by yeas 29, nays 14, as follows:
YEAS - Messrs. Armstrong, Bellamy, Bennett, Bonham, Brown, Cason, Church, Cravens, Cullen, Houghton. Hyatt, Jaquess, Johnson. Lewis, Milligan, Niles, Noyes, Oyler, Parrish, Reagan, Reynolds, Rice, Richmond, Robinson, Stein, Thompson, Ward, Wolcott and Mr. President - 29.
NAYS - Messrs. Bowman, Carson, English, Gifford, Hanna, Howk. Huey, Huffman, Lee, Mason, Newlin, Sherrod, Smith and Turner - 14.
Leaves of absence were obtained for Mr. Humphreys on account of sickness and for Mr. Barker till noon.
On motion of Mr. RICE the order of business was further suspended - affirmative 22, negative not reported - and his bill [S. 231] to save pending suits affected by the act of Dec. 26, 1865 repealing sections 43 and 44 of the act approved May 31, 1852, was read the third time and passed by yeas 33, nays 7.
STATE NORMAL SCHOOL.
The PRESIDENT announced the special order, viz: the bill [H. R. 15] appropriating $50,000 for the State Normal School.
Mr. BENNETT was convinced that the appropriation for soldier's claim agencies would pass the House, and would now vote for this bill. He did not want to go home after voting for a $50,000 appropriation for this purpose and report to his constituents that the $10,000 appropriation to support the soldier's claim agencies had been defeated.
The bill passed by yeas 33, nays 7.Pending the roll call -
Mr. CRAVENS said he was not inclined to oppose this appropriation, but always had a great anxiety to see this school, the Agricultural College and the State University grouped together. Under the circumstances, however, he voted "aye" under-protest.
Mr. CULLEN, when his name was called, said he had no disposition to put anything in the way of the educational interest of the State; on the contrary he desired to foster-and build it up. He refused yesterday to assist in advancing this bill, for the reason, then stated; but now, being satisfied that the House will make the necessary appropriation for the benefit of the soldiers' claim agency, he did not feel justified in longer opposing the bill.
Mr. HUFFMAN, when his name was called, said, being in favor of all appropriations necessary for the good of the people of the State, he was anxious to see this institution built up, but feared the inevitableconsequence, viz.: if you once admit them into the treasury, there is no getting them out. Seeing a disposition on the part of the Senate to refuse the payment of just dues from the State to citizens, he was in favor of first paying our honest debts, and then making such appropriations as this. Understanding the matter in this way, he voted "no."
page: 410[View Page 410]Mr. JOHNSON, when his name was called, said he regretted very much to go back upon any legislation of last session, but owing to the fact that this money is to be taken from the Township Library Fund, he could not support the bill. He thought there was a disposition here to legislate for the interest of monopolies, high schools and the supreme court, and other powers able to take care of themselves, to the exclusion of questions that most interest the common people. Regarding this as a proposition to rob the Township Library Fund, he should vote "no."
Mr. NOYES, when his name was called, said under ordinary circumstances he would be glad, to vote for such an appropriation; but he would vote against this simply from the fact that when the Normal School bill passed, it was put through this Senate Chamber with the express understanding that the $50,000 to be given for its location should build the building, and the State would be called upon for no appropriation but to carry on the school, and in the act there was made an appropriation diverting $10,000 from the Common School Fund for that purpose. The bill would never have passed last session had it been thought that this session $50,000 would be asked for.
For these reasons he voted "no."
Mr. RICE, when his name was called, said it was eminently just and proper to pass this bill, because the people of Terre Haute have gone ahead on the strength of the action of the General Assembly and taken down their school house, and in other respects faithfully performed their part of this arrangement. It is but just, after that people have expended $50,000 for this great enterprise that a like appropriation should be made by the State.
Mr. THOMPSON, when his name was called, said: Not long since, when a proposition was made to establish an Agricultural College in this city, the Senator from Terre Haute stood in his place and for a half an hour or sixty minutes poured out his vials of wrath upon the people of Indianapolis, but to show that gentleman how magnanimous this people are he should vote for the appropriation and say "aye."
The vote was then announced as above.
On motion by Mr. BELLAMY, his bill [S. 226] amending the charter of the Vevay, Mt. Sterling & Versailles Turnpike Company, was read the third time and passed by yeas 28, nays 7.
HOUSE BILLS ON THE FIRST READING
The bill [H. R. 19] regulating the price for transportation of freights over railroads; the bill [H. R. 243] concerning the consolidation of railroads ; the bill [H. R. 259] amending the 27th section of the felony act; and the bill [H. R. 348] snaking general appropriation for 1867-8; were read the second time and severally referred to appropriate committees.
Pending the reading of the general appropriation bill-
The PRESIDENT announced that in two instances the amounts are erased by pencil marks and other amounts in pencil written above.
Mr. HANNA offered the following:
Resolved, That the general appropriation bill be returned to the House of Representatives with the request to inquire who has inserted pencil amounts in the place of the amounts fixed by the Committee in their appropriation for public printing and the State Prison North.
After remarks by Messrs. BENNETT, RICE, STEIN and HANNA as to the proper course in the matter - all agreeing that no discourtesy to the House was intended -
Mr. RICE offered a substitute for the resolution: - that the appropriation bill be returned to the House for correction in amounts, and when corrected returned to the Senate.
Mr. OYLER moved to amend the resolution by adding these words: "and by what authority the same was done."
Mr. HANNA accepted.
The substitute was rejected.
The resolution was then adopted.
On motion by Mr. BENNETT, the following described bills were read by title only, and referred to appropriate Committees:
The Morgan raid bill [H. R. 14]; the bill [H. R. 59] amending the act incorporating Insurance Companies: the mill-dam bill [H. R. 179]; the harmless birds protection bill [H. R. 201]; the city farming road tax bill [H. R. 212]; the Clinton common pleas bill. [ H.R 233]: the Nor Prison directors' salary bill [H.R. 287]; the bill [H.R. 290] amending section 27 of the misdemeanor act; the bill [H. R. 300] amending section 1 of the common pleas court act; the bill [H. R. 334] legalizing the action of the State Equalization Board of 1864; the bill [H. R. 335] amending section 2 of the treasury system act; and the bill [H. 331] requiring the Secretary of State to purchase paper for the public printing, &c.
On motion by Mr. OYLER, the House amendments to his Change of Venue bill [S. 13] were concurred in.
On motion by Mr. BONHAM, the House amendments to the 13th Judicial Circuit Court bill [S. 40] were concurred in.
Mr. HYATT, from the Committee on the Affairs of the City of Indianapolis, returned the joint resolution [H. R. 16 - see p. 222] recommending that it lie on the table.
Mr. NOYES opposed concurrence in this report. He remarked that the State owns the land used as a public road or avenue near the Deaf and Dumb Asylum, and this joint resolution provides for its vacation. He recited the history of this entrenchment upon the State's land, and. insisted that the resolution should be passed.
Mr. OYLER regarded this as a small thing to be brought in here, and said that it should be disposed of in short order.
page: 411[View Page 411]Mr. THOMPSON hoped the Senate would not permit a public avenue of so much importance to be vacated; and gave reasons.
Mr. CULLEN and Mr. CRAVENS said the county commissioners had no right to order the use of these grounds by the public; the latter Senator advising that so long as it is a convenience let it alone - the State sleeps not on her rights of title.
The report was concurred in, by yeas 22, nays 21.
Mr. NILES, from the Judiciary Committee, returned the bill [H. R. 334] in relation to the acts of the State Board of Equalization, recommending its passage.
Mr. STEIN, from the Judiciary Committee, returned Mr Cullen's bill [S. 184] for the relief of Lewis & Eickelberger et alias, reporting that the claimants named in the bill have no demand against the State ; recommending that it lie on the table, and the adoption of a joint resolution [S. 9] directing the Attorney General to institute, proceedings in the nature of information against the White water Valley Canal Company and White water Valley Railroad Company as to whether they have forfeited rights, &c.
On motion by Mr. CULLEN, this report was made the special order for three o'clock to-day.
On motion by Mr. MASON, the bill [H. R. 240] to provide for inspection of coal and petroleum oils, was read the second time and passed to the third reading.
On motion by Mr. CRAVENS, the House amendment to the bill [S. 7O] authorizing city subscriptions in aid of roads, was read and concurred in.
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
On motion by Mr. WARD, the vote by which the Senate concurred in the House amendments to the 13th judicial circuit court bill [S. 40] was reconsidered, and the bill was referred to a special Committee of Senators interested.
Mr. OYLER, from the Committee on Organization of Courts, returned the bill [H. R. 300] amending section 1 of the general common pleas court act, recommending its passage.
CONSTITUTIONAL AMENDMENTS.
Mr. WOLCOTT, from a select Committee thereon, returned the concurrent resolution proposing amendments to the State Constitution, recommending the adoption of Mr. Carson's amendment thereto against the State assuming any liabilities on account of the Wabash and Erie Canal transaction.
The amendment was agreed to.
The concurrent resolution providing for submitting to the people a proposition to give cities, towns and townships power to levy taxes for school purposes; for annual sessions of the legislature, unlimited as to time, and including the amendment just agreed to, was then read.
Mr. WOLCOTT is told that the biennial sessions are altogether inadequate to the emergency demanded by this great and growing State, and his limited experience goes to prove that assertion. We are compelled to hurry through with important matters that should receive considerate and careful attention; and many bills are now passed that would certainly fail had members time to give them the examination they should have.
On motion by Mr. HANNA the Senate resolved itself into a Committee of the Whole (Mr. Bennett in the Chair) for the consideration of the resolution.
The first part of the concurrent resolution authorizing cities, towns and townships to levy taxes for the support of common schools in addition to the State tax for that purpose, was read and adopted.
The second proposition: That no Legislature shall incur any liability on account of the Wabash and Erie Canal, being read -
Mr. HANNA insisted that such an amendment engrafted on the Constitution would stultify the State. He referred to past legislation, and desired that the State should take no steps looking to a repudiation of her debt. The question should be left open - subject to the development of time; and it may be that the State in future will be enabled to make some soft of a settlement of this debt. He feared to touch this question now, and much preferred to give it the go-by for the present.
Mr. CARSON was not prepared for a full discussion of this question; but desired to see it discussed by the ensuing Legislature, and by the people at large. If there are liabilities growing out of this old internal improvement system, it is time they were cleared up. We have laws debarring private liabilities and the State should have a statute of limitation, and it is for the adoption of this principle that the pending amendment is proposed. If this resolution is adopted the people will talk about it, and two years hence the Legislature will be competent to pass upon it. It is a subject all agree is worthy of consideration; and the consideration of it is all that is asked. The purpose is simply to awaken interest in the matter, and why this purpose should meet with opposition here he could not conceive.
Mr. CULLEN regarded this question as of considerable importance - as a question whether or not the people are prepared to repudiate a portion of the State's indebtedness. No legislative action can relieve the State from its legal or moral responsibility for $353,000 of its internal improvement bonds. For one he was not willing to set on foot such a proposition. $200,000 of these bonds are held by the Federal Gov-brief eminent, and are we to repudiate them ? The general government refuses to pay the page: 412[View Page 412]State for claims incurred in the late war because the State will not settle for these bonds.
Mr. PARRISH (interposing) stated that payment was withheld for want of proof of these claims on the part of the State.
Mr. CULLEN did not so understand it. Indiana is not prepared for repudiation, and a proposition of this kind ought to be spurned by the Senate.
Mr. CRAVENS said there was no doubt that certain parties held evidences of these old internal improvement debts. The General Government holds two hundred and seventy-two of these bonds, some thirty are held in London, some in Baltimore, some in Kentucky, and some at home here. Adopt this resolution, and they never will be paid. He would like to see a simple proposition that the State will never be liable for any liabilities growing out of the Wabash and Erie Canal transaction; but the resolution goes further than that
Mr. STEIN considered this a most iniquitous proposition - a proposition to absolve the State from all moral and legal responsibility for these liabilities, which we have time and again acknowledged to be just. Statutes of limitation never run against a sovereign, and why should they be made to run in favor thereof? He stood not on picayune or paltry grounds; - the sooner her just debts are liquidated, the better it will be for the State.
Mr. SMITH would vote against this proposition and against anything that looks like repudiation.
Mr. CARSON did not suppose, when this proposition was introduced, that ten minutes time would be occupied in its discussion. He believed the people of the State were 'in favor of it, and he desired their expression on the question. This General Assembly ought to trust the next General Assembly, and they ought to trust the people.
Mr. NILES could not vote for this proposition as it reads. There seems to be two classes of bonds connected with the matter; it is an open question, and we should not absolutely tie our hands in this way.
Mr. CRAVENS offered a substitute, which provides that the section shall not be construed as affecting the right of persons holding the obligations of the State, and who were not parties to the adjustment of the debt of this State as made in the acts herein referred to.
Mr. CARSON accepted.
The substitute was agreed to.
The third proposition - for annual sessions of the Legislature, commencing in December, on the first Thursday thereof-being read -
Mr. NILES moved to amend by providing or "biennial" instead of "annual" sessions. He supported his amendment in a few remarks.
The amendment was rejected - affirmative 12, negative not reported.
The third proposition was agreed to.
The fourth proposition: the sessions to without limit as to time, but no per diem shall be paid after ninety days in each regular and forty days in each special session.
Mr. MILLIGAN moved to amend by striking out "ninety" and inserting "sixty-one."
The motion was agreed to.
The fourth proposition as amended was agreed to.
On motion by Mr. OYLER the Committtee rose and the chairman reported the resolution to the Senate recommending itsadoption with the amendments adopted in Committee of the Whole.
The question being on concurrence -
Mr. HANNA was unwilling to propose a constitutional amendment which repudiates part of the State debt. If there is not some covered design to repudiate some portion of the debt somewhere, what is the use of this amendment?
Mr. BENNETT moved to concur in the report of the Committee with an amendment changing the time of meeting of the Legislature from "the first Thursday in December" till "the Thursday aext after the first Monday in January."
Mr. RICE moved to strike out the word "townships" wherever it occurs in the first section.
Mr. BENNETT offered an additional amendment providing that the Governor shall cause an authenticated copy of this resolution to be filed in the office of the Secretary of State and shall cause the same to be submitted to the next General Assembly.
Mr. RICE spoke in favor of the first proposition after his amendment shall be adopted; and hoped all subsequent parts of the resolution would be stricken out. The first amendment was proposed by the last Legislature, and if it is passed by this one, it can be submitted for ratification to the people next fall. He was for this amendment of the constitution, which was expected by the people, and which should be adopted now.
Mr. BENNETT said at first he was inclined to oppose it, but the discussion here had caused him to favor the adoption of the provision relating to the Wabash and Erie canal liability.
Mr. CASON appealed to the Senator from Parke to withdraw his amendment; otherwise we should lose the action of the last Legislature on that proposition, and it page: 413[View Page 413] would be two years to come before the proposition could be submitted to the people.
Mr. RICE withdrew it.
Mr. CULLEN moved to lay the resolution and amendments on the table.
Mr. OYLER demanded the previous question.
It was seconded, and under its operation the motion to lay on the table was rejected - yeas 15, nays 26.
Mr. RICE renewed his motion to amend.Mr. WOLCOTT thought that townships should have the same privilege as cities and towns in this particular.
The amendment was rejected.
Mr. Bennett's amendments, changing the time of meeting of the Legislature, and authorizing the Governor to file a copy of the resolution in the office of the Secretary of State, &c., were agreed to.
The committee's report was concurred in, by yeas 30, nays 13.
The concurrent resolution was then adopted, by yeas 26, nays 15as follows:
YEAS - Messrs. Armstrong, Bellamy, Bennett, Bonham, Bowman, Brown, Carson, Cravens, English, Gifford, Howk, Hyatt, Jaquess, Johnson, Lewis, Milligan, Noyes, Oyler. Parrish, Reynolds, Richmond. Robinson, Stein, Thompson, Wolcott and Mr. President, (Cumback,) - 26
NAYS - Messrs. Cason, Church, Cullen, Hanna, Huey, Huffman, Lee, Mason, Newlin. Niles, Rice, Smith, Taggart, Terry and Ward - 15.
Pending the role-call -
Mr. CULLEN said: As far as amending the Constitution in reference to the power of townships, cities and towns to levy special taxes for school purposes he favored the resolution, but coupled with the other provisions he could not. Therefore he voted "no."
Mr. NILES, when his name was called, said if it were true that each proposition is to be submitted to the people separately, he should vote "aye," but he understood they must all be voted upon together; therefore he voted "no."
Mr. RICE, when his name was called, said he should vote "no" for the same reason given by the Senator from Rush [Mr, Cullen.] He liked the first proposition but did not like the balance of them.
The vote was then announced as above.
THE STATE UNIVERSITY.
On motion by Mr. CUMBACK, (Mr. Cullen in the chair,) the constitutional restriction was dispensed with - yeas 40, nays 2 - and the bill [H. R. 319] appropriating $8,000 for the use of the State University at Bloomington, was read the third time.
Mr. CUMBACK explained that this appropriation is absolutely necessary, and i it is not made the University will go down. In sustaining this institution the State but sustains her own honor.
Mr. LEWIS asked, but failed to obtain consent, to amend the bill so as to make the appropriation apply only for the years 1867 and 1868.
Mr. TAGGART said that some of the brightest stars and most prominent men in the State have received their education at the State University; and that institution was never asking appropriations from the State Treasury. The Legislature pours out money freely and continuously to other benevolent institutions of the State, and why is there objection to this small appropriation in aid of the State University? He hoped no Senator would refuse his support to this bill. This is our child, and we should clothe it with respectable habilaments.
Mr. THOMPSON understood that this bill would give the University from twelve to thirteen thousand dollars a year, as it now receives from the State about four or five thousand dollars in the way of interest.
Mr. JOHNSON, as a friend of the measure, was willing to vote $8,000 for the next two years, but thought it would be better to adopt the amendment suggested by the Senator from Lagrange [Mr. Lewis.]
Mr. CRAVENS replieved to objections against granting the small pittance now proposed to be given to this languishing institution of the State. It is the only institution of learning the State has, and this is the only appropriation ever made from the public Treasury in its behalf. The bonds the Senator from Marion [Mr. Thompson] refers to, do not belong to the State University, and of course no interest is paid that institution on account of them. He trusted that this bill would pass without the limitation spoken of.
Mr. NILES said he had reluctantly made up bis mind to vote for the bill under the existing pressure, had the appropriation been limited to two years. The sum of $15,000 for this University is included in the general appropriation bill, and a grant of $8,000 a year for two years would make $31,000 - quite a liberal grant for one session. But when it is proposed to undertake the support of the institution by direct and permanent appropriations from the Treasury, he must object. He was willing to give to the Trustees the entire endowment of the University, to be managed and supported in the same way as are the colleges at Crawfordsville and at Greencastle. Those institutions were equally respectable and useful as this, and either of them would think such an endowment a magnificent grant. Let it become a private . corporation, supported by private enterprise and liberality, nourished by the warm sympathies of its friends, and it will grow into greater usefulness, than if it continues to rely upon the State, and to be a kind of political concern, coming here at every-session to interfere with legislation. Admit page: 414[View Page 414] that it is a useful institution, yet none will contend that it is more so than our other colleges. There is no State University in either of the Eastern or Middle States, and every attempt in that direction there, has been abandoned as a failure The effort to found a real University by the State, will involve an expenditure of millions, rather than of a few thousand dollars, and he, for one, was not prepared to enter on such an experiment. Give the institution to board of trustees under a proper charter, and it may in time acquire a hold on the affections of the people, as has the Wabash College, and to the same extent as the numerous literary institutions of the other States. On the contrary, teach it to rely on the State, and he apprehended it would only have a hot-bed and sickly growth. He therefore could not vote for the bill in its present form.
Mr. OYLER demanded the previous question.
The demand was seconded by the Senate, and under its operation the bill passed by yeas 30, nays 11.
Pending the roll call -
Mr. BELLAMY said he would have preferred to see the amendment proposed by the Senator from Lagrange [Mr. Lewis] adopted; but, notwithstanding it was not, as he professed to be a friend to education he should vote "aye."
Mr. BROWN, when his name was called, said if the amendment just referred to had been incorporated in the bill he would have voted "aye," but under the circumstances he felt compelled to vote "no."
Mr. CARSON, when his name was called, said that ingratitude was no part of his composition. Nineteen years ago he had the honor to graduate in the law class of the State University; he attended there without charge for tuition, and the assistance there obtained has been of great benefit during all the subsequent part of his life. He voted "aye."
Mr. THOMPSON, when his name was called, said if the amendment offered by the gentleman from Lagrange [Mr. Lewis] had been put in the bill he should have voted for this measure, but as it was not he could not. He voted "no."
The vote was then announced as above.
Mr. WARD, from the special committee thereon, returned the 13th Judicial Circuit bill [S. 40] recommending that the Senate disagree to the House amendment thereto. The report was concurred in.
Mr. ARMSTRONG introduced a bill [S. 246] for an act to fix the times of holding the terms of the Circuit Court in the 11th Judicial Circuit - Carroll, Cass, Miami and Wabash counties.
On motion by Mr. HANNA the constitutional restriction was dispensed with - yeas 39, nays 0 - the bill was read but once again and passed by yeas 39, nays 0.
On motion by Mr. BENNETT the general appropriation bill having been returned from the House was referred to the Finance Committee.
On motion by Mr. OYLER the bill [H. R. 159] amending the law in regard to mechanic's liens so that sub-contractors and a journeymen can enforce their liens more effectually, was read the second time and passed to the third reading.
On motion by Mr. HOUGHTON the bill [H. R. .286] appropriating $40,000 for the erection of a building for State offices was read the third time.
Mr. CUMBACK, (Mr. Cullen in the Chair) hoped the Senate would pass the bill. He regarded it as a good one, and unless it is passed, there could be no measure of the kind perfected this session.
Mr. OYLER objected to the passage of the bill because of its main feature - authorizing the borrowing of $40,000 to build with, on which $2,800 a year interest will have-to be paid. And this would prove but a beginning - the next session some $50,000 or $60,000 will be asked for to finish with. The result of the passage of this bill would be to keep the State offices where they are for some time to come - with the records moulding where they now lie. He preferred the renting of the Gallup building.
Pending the vote on the bill -
The Senate adjourned
