IN SENATE.
FRIDAY, March 9, 1867.The Senate met at 9 o'clock.
Yesterday's minutes were not all read.
The PRESIDENT stated that the question at the adjournment last evening was on the passage of the bill [H. R. 286] appropriating $40,000 for the erection of a suitable building for the accommodation of officers of State and the Supreme Court.
Subsequently -
By direction of the PRESIDENT the names of Senators not voting last evening on the bill were called and the vote announced - yeas 37, nays 6. So the bill passed - several Senators changing their votes from the negative to the affirmative on the private assurance of the Governor that the building shall be completed with the appropriation asked for in the bill.
Mr. CULLEN, from the Committee on Corporations, returned the bill [H. R. 243] prescribing a manner for the consolidation of railroads, recommending its passage with amendments striking out the first section after the enacting clause, &c.The amendments were concurred in.
On motion of Mr. C. the bill was read the first time and passed to the second reading.
Mr. CRAVENS, from the same committee, returned the bill [H. R. 212] having reference to city taxation of farming lands, with an adverse report thereon and it was laid on the table.
Mr. NILES, from the Judiciary Committee, returned IMr. Reynolds' bill [S. 234] in relation to persons of unsound mind, recommending its indefinite postponement, as it appears to have a retrospective effect. The report was concurred in.
Mr. CASON offered a resolution, which was adopted, authorizing the Committee on Enrolled Bills to file their reports without reading unless some correction is suggested.
Mr. CRAVENS, from the Committee on Corporations, returned the bill [H. R. 19] making uniform the rates of railroads for carrying freight, recommending an amendment, striking out 15 and inserting 25 cents as additional rates for way freights.
Mr. NOYES, from the Committee on Claims, returned the claim of Douglass & Conner for $I,000 for stationery, and other claims for paper, and claims of another party for witness fees, &c., recommending its reference to the Committee on Claims, with instructions to incorporate the same in the specific appropriation bill.
Mr. HUFFMAN returned the claim of John Turner and Elijah Hascall, recommending that they lie on the table. The report was concurred in. Also, the claim of $25, of Eli Brown, for repairs on State House, and Douglass & Conner, for $576 78 for the daily JOURNAL, and Julius Boetticher for $105 60 for German papers, with the recommendation that they be allowed.
Mr. CHURCH, from the Claims Committee, returned the claim of the First National Bank, recommending that it be referred to the Committee on Finance, and allowed
These reports were concurred in.
Mr. STEIN offered the following:
Resolved, That during the balance of the present session no Senator shall speak longer than five minutes on any question without leave of the Senate.
It was adopted by yeas 38, nays 2.
THE REGISTRY BILL.
On motion by Mr. BENNETT the Houses amendments to the Registry bill [S. 2] were taken up.
On motion by Mr. STEIN the Senate resolved itself into a Committee of the Whole (Mr. Cravens in the Chair) and proceeded to the consideration of the amendments being a substitute for the Senate bill.
The substitute being read through -
Mr. CUMBACK declared that there was a unanimity of feeling among the people for a registry law, and that it should be made as acceptable as can be. He referred page: 420[View Page 420] particularly and partially to the composition of the Board of Registry as fixed in the second section of the Senate bill - dividing its members between the political parties; and pointed out the fact that this substitute provided far greater penalties than the original bill. The Senate bill was preferable; but in this his judgment may be in fault.
Mr. CULLEN referred to the expense of this registry law, and regarded that as an objection which will weigh heavily in the eyes of the people. He did not believe the people would be satisfied with this measure, and would therefore move that the Committee disagree with the House amendments.
Mr. HANNA also referred to the expense of the substitute: - $63,000 for per diem of members of the board, besides some $27,000 for stationery and printing. He preferred the Senate bill.
Mr. BENNETT called attention to the fact that this was an entire new proposition to the people of this State, and our action on it will be carefully and particularly scrutinized. This substitute is a pointless, inconvenient and cumbersome thing - he could not see a good provision in it. The Senate bill on the composition of the Registry Board is certainly a well-digested provision, as he proceeded to show by comparison with the House substitute. He also regarded as of the highest importance that provision in the Senate bill which requires the Boards of Election to keep together till the last ballot is counted out; that one pro vision is worth all in the substitute put together. He also thought a residence of twenty days was infinitely preferable to forty days; and when penalties are prescribed, as in this House bill, unusually severe, it is difficult and almost impossible to obtain convictions. He did not want to $50 before the people with such a law. He preferred to have none, unless a better one can be enacted than this House substitute.
Mr. STEIN, seeing a disposition for long speeches, moved that gentlemen be limited to five minutes in the committee also.
The motion was agreed to.
Mr. STEIN insisted that the House substitute was a well digested bill, but as he could not see enough difference between the two bills to fight over, he would cheerfully vote for the motion to disagree. He commended the heavy penalty feature of the substitute, for a man guilty of so much depravity as to commit a fraud on the Government ought to be punished greater than the skim-milk excuses-usually dealt out to such offenders.
Mr. NILES suggested, out of abundant caution, that the bill be amended by including a section applying the provisions of this bill to all elections - National as well as others.
The motion to disagree was agreed to.
On motion by Mr. CULLEN the Committee rose and the Chairman reported its action to the Senate, with a further recommendation that the Senate ask for a Conference Committee.
The report, as amended, was concurred in; and the PRESIDENT appointed as the Conference Committee on the part of the Senate, Messrs. Bennett, Howk and Church.
ABSENCE.
Mr. BONHAM asked and obtained leave to be absent for the balance of the session, stating that he should remain in the eity and attend as his health would permit.
REORGANIZATION OF COURTS.
On motion of Mr. CHURCH, the bill [H. R. 244] redistricting the State for Judicial purposes was taken up, the question being on concurrence in the amendment of the select committee thereon - see page 333.
The second and pending amendment, with reference to Clay county, striking it, from the Sixth District and adding it to the Twentieth, and placing "Martin in the stead of "Clay," being read -
Mr. OYLER demanded that his Republican friends should not be parties to the slaughtering of his county, by which a Democratic Judge would be elected to preside over the adjudication of a certain ease, to which he referred. The bill proposes to place Johnson county in the largest Circuit formed - taking it from where it has been for the last ten years. He spoke his alloted five minutes.
On motion by Mr. STEIN, the amendment was laid on the table by yeas 26, nays 11.
The third Committee amendment, striking "Pulaski" from the 12th and "Starke" from the 9th, putting "Starke in the place of "Pulaski," being read -
Mr. BENNETT spoke till arrested by the five minutes rule in favor of the passage of the bill, and in reply to the appeal made by the Senator from Johnson to his party friends.
Mr. LEE said in his district they were very modest and the gentleman from John-eon would be safe in their hands. There was not half time enough in his district. If they can get a good Republican lawyer on the bench there they were satisfied, but if they should get a good Democrat that would be preferable.
Mr. NILES favored the amendment.
Mr. SMITH was anxious to see this bill passed, for unless it was, Huntington county would be attached to no circuit. He cared not a cent whether they had a Democrat or Republican Judge so he had a good Judge.
page: 421[View Page 421]Mr. HANNA being; satisfied this change is necessary was willing to give up prejudices and let the bill go forward.
Mr. CHURCH was satisfied with the change proposed in his District.
The amendment was agreed to.
The fourth amendment, striking "Fulton" from the Ninth and placing it in the Eleventh, was also agreed to.
The fifth amendment: an additional section, providing that the terms of courts shall remain as now fixed by law; and the sixth amendments changing the number of the sections were agreed to.
Mr. OYLER moved to amend by striking "Johnson" from the 17th section, and placing it in the Marion Circuit - leaving the district as it now is - insisting that when he asserts that the people do not desire the change proposed in the bill, and that it would subserve nothing but political purposes, Senators should assist him in passing his amendment.
Mr. LEE feared the amendment would endanger the bill, and therefore moved to lay it on the table.
The motion was agreed to by yeas 23, nays 19.
Mr. OYLER obtained leave to file a protest, which he subsequently did, viz:
The undersigned Senators respectfully and earnestly protest against the passage of House bill No 244, as amended by the Senate, for the fallowing reasons:
1. Because the only reason that could justify a change of the Judicial Circuits so as to increase in so large a degree as this bill does the number of Circuits, and as a ncessary consequence, a greatly increased charge upon the public treasury, is that of public necessity; and to afford to all the people of the State adequate facilities for the disposal of the litigation of the various counties; that to effect this end, if a general rearrangement were desirable or necessary, the only honest and fair way of doing so would be by arranging the Circuits so that the population and the business of the several counties could be fairly and properly apportioned, by approximating in some slight degree to an equalitiy in the several Circuits.
The most, if not all of the over-burthened circuits, had been relieved of the pressure of business upon them by the legislation of this General Assembly, and hence if any necessity existed for the proposed increase of circuits, that had been removed by the action of the General Assembly.
2. The bill, as it passed the Senate, in place of removing existing inequalities, has, in violation of every principle of right and justice, not only continued such inequalities, but increased them in many instances, and some to greater extent than ever before; in proof of which, we present the large disparity of some of the circuits. The - Circuit is composed of the counties of Posey, Vanderburg, Warrick, Spencer, Perry, and Crawford, with a population of thirty five thousand; and to add to this great wrong, the county of Tippecanoe has already been provided with a Criminal Circuit Court, composed of that county along, thus providing for two circuit judges and prosecuting attorneys for the county of Tippecanoe alone at an annual expense to the State of five thousand dollars.
Under the bill the Senatorial District composed of the counties of Morgan and Johnson, with a population of thirty five thousand, equaling that of the Senatorial District of Tippecanoe, receive out of the State Treasury for the payment of circuit judges and prosecuting attorneys not exceeding the sum of nine hundred dollars per year, while the charges upon the State Treasury for the same purpose for the county of Tippecanoe is five thousand dollars per year.
The above are referred to as illustration of the gross inequalities of the bill; which in many instances, other than those referred to, are manifestly unequal and unjust, to such an extent as to justify the suspicion that the bill must have been framed for the purpose of erecting pet circuits, in violation of the rights of other parts of the State.
If the bill should become a law, while some-portions of the State will have increased facilities in their Circuit Spurts, other portions are not aided, and in some instances diminished by this bill: while the expenses of the Judiciary, and their charges upon the State are largely increased.
For these reasons, we protest against the pass of the bill.
- SAMUEL P. OYLER,
- Johnson and Morgan.
- MILTON S. ROBINSON,
- Madison and Grant.
- FLAVINS J. BELLAMY,
- Switzerland and Ohio,
- ABNER LEWIS,
- Lagrange and Elkhart.
- SAMUEL F. JOHNSON,
- Warrick, Spencer and Perry.
- WM. HYATT,
- Ripley.
- AARON HOUGHTON,
- Martin.
- THOS. WARD.
- Randolph.
- S.S. TERRY,
- Fulton.
The committee's report was concurred in.
Mr. STEIN moved to reconsider the vote by which Clinton county was included in the Tippecanoe circuit.
Mr. RICE preferred to see the bill pass just as it is, and opposed the motion to reconsider.
Mr. CASON had no feeling on this subject, and in order to settle the matter would be glad to see both Clinton and Warren counties remain where they are.
Mr. ARMSTRONG stated that the bar of Clinton protested unanimously against being placed in a district with Tippecanoe. Hence he favored the motion to reconsider. He hoped the bill would pass just as it came from the House, otherwise he should feel compelled to vote against it.
Mr. MILLIGAN thought there was an express understanding that Warren should remain in the Montgomery district. He would rather take both counties than to take Warren and lose Clinton.
The motion was reconsidered.
Mr. STEIN offered an amendment, trading Warren off for Clinton.
Mr. CASON moved to amend the amendment by making Tippecanoe & Circuit alone.
Mr. STEIN acquiesced.
The amendment was agreed to.
The PRESIDENT announced that the Secretary prefers to read the bill as it is page: 422[View Page 422] written and insert the amendments as the bill is being engrossed. If there is no objection it will be so done.
No objection was heard. The bill was so read the third time.
Mr. JOHNSON opposed the bill because it does not equalize the districts as was the intention of the designers. He referred to the fact that Tippecanoe has two Circuit Courts; and for the reason that great injustice is done by this bill, he should oppose it.
Mr. OYLER said the point just made was very correctly stated - the districts are far more unequal than they were before. He tried every way to sugar-coat this pill but the Senate had decided to push it down with all its nausequsness. He referred to the injustice done by this bill to his two counties, and characterized it as a monstrous deformity.
Mr. BENNET demanded the previous question.
It was seconded by 26 Senators, and under the operation thereof the bill passed by yeas 27, nays 13 - as follows:
YEAS - Messrs. Armstrong, Bennett, Bowman. Cason, Carson, Church, Cullen, English, Gifford, Howk, Huey, Huffman, Humphreys, Lee, Milligan, Newlin, Niles, Reagan, Reynolds, Rice, Richmond, Smith, Stein, Taggart, Thompson, Wolcott, and Mr. President (Cumback) - 27
NAYS - Messrs. Bellamy, Brown, Cravens, Houghton, Hyatt, Johnson, Lewis, Oyler. Parrish, Robinson, Terry, Turner and Ward - 13.
Pending the roll-call -
Mr. BELLAMY said he was sorry to see the friends of this measure trotting it through the Senate in this manner. He stood opposed to the bill. Half the legislation of this session has been with reference to making new courts, fixing the length of their terms, and making new judges and prosecuting attorneys. We have heretofore got along well enough with fourteen or fifteen circuits, and now, without any particular demand on the part of anybody, we have increased them to eighteen, nineteen, twenty, twenty-one, and even to twenty-four, as this bill proposes. And all the increase is north of the center of the State. Where are the smaller circuits you are making? They are all in the north part of the State. There seems to be a combination of members north of the State line to do injustice to the southern part of the State. South of the line there are circuits with over 20,000 votes, while you make circuits north of the line with but 3,500 voters. There's inequality for you. The inequalities in this bill are for greater than ever existing before. For these reasons he voted "no."
Mr. CASON, when his name was called, said: for the reason that he came here to represent the feelings of his people and accommodate the people of the State as far as he could, without doing injustice he should vote for this bill.
Mr. CRAVENS, when his name was called, said: he had not participated in the discussion of this bill, but. was anxious to give his assent to some bill of the kind if he could have any assurance that there would be any permanency about it; but while anxious to do this, he finds from extensive correspondence with his people that they are opposed to this constant changing of circuits. The lawyers have their business arranged and adjusted to the present system, and as he was here for the purpose of representing his constituents he should vote "no" on this question.
Mr. CULLEN, in explanation of his vote, said: Like the Senator from Jefferson, he had not participated in the debate on this bill, and like him desiring to represent his constituency - believing that his people were in favor of this measure, and for the reason that in his circuit, as at present organized, there is entirely too much business for one court to do, though believing there were inequalities in the bill, still under the circumstances he felt compelled to favor it.
Mr. PARRISH, when his name was called, said: Believing that the amendments to this bill, particularly those introduced this morning, were induced by an over-reaching, grasping selfishness, he should vote "no."
Mr. ROBINSON, in explanation of his vote, was understood to say that he was unwilling to sanction a bill which gives to a county polling but 6,600 votes in 1866 a criminal court and a circuit court. The judge of some of these courts will be occupied but twelve or fifteen weeks in the year, whereas in other districts some are compelled to set forty weeks. Then he opposed the bill for another reason: no doubt at the next session of the Legislature many districts seeing the injustice of this legislation will ask for the changes necessary; and then the number of circuits may be increased to thirty or thirty-five, in order to equalize the matter. Holding that this bill is manifestly unjust to the people of the State, he voted ."no."
The vote was then announced as above.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion of Mr. NILES, the Governor's message appointing as Commissioners for the House of Refuge Charles G. Coffin, of Wayne county, for the term of six years; Alexander E. Downey, of Switzerland county, for four years, and Joseph Orr, of Laporte county, for two years, was read.
Mr. NILES said General Orr is a citizen of my county. As he may not be known to the younger members of this body, I will page: 423[View Page 423] say that he is remarkable for good sense and energy, and is of unquestioned integrity. Judge Downey is well known, probably, to every Senator, and needs no commentiation; and as for Mr. Coffin, I do not suppose there is a man in the country who would more thoroughly bring his whole heart to the work of reforming young offenders. I therefore offer the following resolution:
Resolved, That the Senate does hereby advise, consent and approve the nomination by the Governor, of Joseph Orr, Alexander G. Downey and Charles K. Coffin as Commissioners of the House of Refuge.
Mr. CULLEN desired to add his testimony to the character, honesty and integrity of Hon. Alexander C. Downey, though differing with him in politics. It is true that he is a Democrat, well known to most Senators as a former member here, but he regarded him as one of the purest and best men that ever participated in politics in Indiana.
Mr. CHURCH, in addition to the statement of the Senator from LaPorte, desired to say that there is not a more honorable gentleman in the State than General Orr of Laporte county, and that his ability, wisdom and integrity fit him eminently for the position to which he is nominated.
Mr. BELLAMY said, if any word of his was necessary to add to what has been said by the Senator from Rush, of the Hon. Alexander C. Downey, it would be cheerfully given: he cheerfully added his testimony to that of the Senator from Rush, in favor of Mr. D , recognizing in him a gentleman, high-minded, honorable and above reproach.
Mr. RICE. Mr. President, I desire to say in reference to the appointments just made by the Governor, that I would have been glad to have seen the name of Barnabas C. Hobbs, formerly of Parke, but now of Wayne county, on the commission, being one of the best educators in the State, and an earnest advocate and tried friend of reform schools, and to whom the friends of this measure on this floor are indebted for many facts and valuable information on this subject. But I desire to bear testimony to the ability, integrity and honesty of Mr. Charles F. Coffin, of Richmond, as one who is eminently qualified for the position to which he has been appointed.
Mr. THOMPSON, from the minority of the Committee on Prisons, returned the bill [S. 241] for leasing the State Prisons, recommending its passage with amendments.
On motion by Mr. WOLCOTT it was read the second time.
Mr. W. moved to dispense with the Constitutional restriction and pat the bill on its passage now.
Mr. BENNETT objected. He regarded it as a scheme to lease the prison to Hall & Co., and as a matter of too much importance to be hurried through in this way especially in these last hours of the session.
Mr. CULLEN made an ineffectual motion yeas 19, nays 23 - to lay the bill on the table
Mr. CULLEN said that there were two bills on this subject before the Senate and that it was due to other members of the Committee to delay action on this one till they could have an opportunity to be heard.
The Senate refused to dispense with the Constitutional restriction - yeas 21, nays 20 - two-thirds not voting therefor.
Mr. RICHMOND, from the majority of the State Prison Committee, submitted a report recommending the passage of the bill [S. 243] authorizing the State officers to lease the State Prison for ten years.
On motion by Mr. ARMSTRONG the Senate proceeded to the consideration of House bills.
The bill [H. R. 19] regulating Railroad charges for freight being read the second time -
Mr. HANNA moved to strike out from the enacting clause and insert new matter.
On motion by Mr. CARSON the bill and amendments were referred to the Committee on Corporations.
The bill [H. R. 23] enabling owners of wet and low lands to drain the same, &c. ; the bill [H. R. 48] in relation to change of public highways; the hill [H. R. 89] to provide for sewers in towns ; the bill [H. R. 145] to amend the town incorporation act; and the bill [H. R. 191] to amend section 650 of the Practice act, were read the second time and severally passed to the third reading.
On motion of Mr. CARSON, the House amendments to his city incorporation bill [S. 37] were concurred in without reading.
Mr. HOUGHTON, from the Committee on Finance, returned the general appropriation bill [H. R. 348] recommending its passage with amendments increasing from $12,00 to $15,00 the salary of the Treasurer of State's clerk for 1867 and 1868; striking out $800 for the Secretary of State's clerk ; and for finishing the Insane Hospital back center building $5,000.
The amendments were concurred in.
Mr. BENNETT moved to further amend by increasing the salary of Governor's private secretary from $500 to $1,000.
The amendment was concurred in.
Mr. PARRISH moved to further amend by appropriating $3,000 for printing the Agricultural and $500 for printing the Horticultural Society's reports, to be expended by the officers thereof - they preferring no appropriation at all unless the fund is placed under their control.
Mr. OYLER and Mr. BENNETT opposed the amendment.
Mr PARRISH, Mr. TURNER, Mr. CRAVENS and Mr. RICE favored it.
Mr. BENNETT moved to amend, byway of substitute, providing that said printing shall be done within three months after be- page: 424[View Page 424] ing ordered by the State Board of Agriculture.
Mr. CULLEN moved to amend by adding that no part of said money shall be paid to the Public Printer until all of said reports shall be fully completed.
Mr. BENNETT accepted.
Mr. THOMPSON was authorized by a member of the Board to say that all they desired was to get the printing done when they wanted it; and the Printer was willing to give bond that the work should be done as fast as desired by the Board.
On motion by Mr. TURNER, it was laid on the table - yeas 24, nays 19.
The original amendment was agreed to by yeas 30, nays 13.
The Committee report was then concurred in.
Mr. CASON made an ineffectual motion - yeas 33, nays 10 - to dispense with the constitutional restriction and put the bill on its passage now.
On motion by Mr. WALCOTT the bill was read the second time, and passed to the third reading.
Mr. WOLCOTT moved to dispense with the constitutional provision in order that the bill may be read the third time now.
The motion was agreed to by yeas 84, nays 9.
The bill was read the third time, and passed by yeas 38, nays 4.
Mr. JAQUESS, from the Committee on Finance, reported the bill [H. R. 335] to amend the act providing a treasury system for the State, recommending its passage.
Leaves of absence were obtained for Mr. Huff man and Mr. Noyes, on account of illness.
Mr. SHERROD, from the select committee thereon, returned the bill [H. R. 343] changing the Common School law to conform with bills already parsed concerning the payment of taxes, recommending its passage.
On motion by Mr. JOHNSON, it was read the second time.
On motion by Mr. JOHNSON the bill [H. R. 276] concerning the payment of taxes, was also read the second time.
On motion by Mr. RICHMOND, his bill [S. 229] concerning the duties of common carriers was taken up and referred, with an amendment, to the Committee on Corporations.
On motion by Mr. CASON -
The Rome City bill [H. R. 301] was read the first time and passed to the second reading.
The bill [H. R. 350] making specific appropriations for the year 1857, was read the first time and referred to the Committee on Finance.
The House amendments to the Sinking Fund bill [S. 102 - see p. 105] were read and referred to the Committee on Finance.
Mr. REAGAN, from the Committee on Claims, reported the claim of Dr. T. Higday, $154 89, recommending that it be referred to the Committee on Finance and allowed. The report was concurred in, but subsequently the vote was reconsidered.
Mr. ROBINSON, by request, introduced a joint resolution [S. 10] requesting Congressmen to use all honorable efforts to secure the release of the Rev. John McMahan, late Parish Priest at Anderson, Indiana, now imprisoned in Canada on a life sentence. It was read but once, and passed by yeas 38; nays 0.
Mr. STEIN, from the Judiciary Committee, returned the bill [H.R. 133] amending the Justices' act, with an adverse reprot thereon, and it was laid on the table.
Mr. MILLIGAN, from the Committee on Rights and Privileges, returned the bill [S. 172] with an adverse report thereon, and it was laid on the table.
Mr. GIFFORD, from the same committee, returned the dam bill [H. R. 179] recommending its passage.
On motion of Mr. GIFFORD, it was read the second time and passed to the third reading.
Mr. HUEY , from the same committee, returned the bill [H. R. 201]-title not read - recommending its passage.
On motion by Mr. PARRISH, the Kosciusko Circuit Courty bill [H. R. 337] was read the second time.
Mr. P, for Mr. NOYES, offered an amendment affecting the DeKalb court.
The amendment was agreed to and the bill was passed to the third reading.
On motion by Mr. BENNETT -
The bill [H. R. 193] amending the law regulating marriages : the bill [H. R. 207] amending section 405 and 406 of the practice act; the bill [H. R. 211] authorizing hydraulic companies to appropriate lands: the old book index bill [H. R. 219]; the bill [H. R. 223] regulating charges for freight transportation on railroads ; the bill [H. R. 225] amending the landlord and tenant act; the bill [H. R. 300] amending the general common pleas act, and the bill [H. R. 334] legalizing the action of the State Board of Equalization of 1864, were read the second time and severally passed to the third reading.
On motion by Mr. CASON, the bill [H. R. 148] for the protection of sidewalks and shade trees was read the third time and passed by yeas 38, nays 0.
And then the Senate adjourned.
