IN SENATE.
THURSDAY, January 17, 1867.The Senate met at 2 o'clock P. M.
The Secretary's journal was read.
REPORTS FROM THE JUDICIARY COMMITTEE
were made, and severally concurred in by the Senate, as follows:
By Mr. BENNETT, on Mr. Oyler's county officers' practice act [S. 20]; by Mr. STEIN, on Mr. Parrish's vending foreign merchandise, &c., [S 17], and on Mr. Church's legalization of acknowledgments [S. 24]; by Mr. RICE, on Mr. Church's collection of debt [S. 9]; by Mr. NILES, on Mr. Jaquess' oath fee bill [S. 22]; recommending their passage.
LEGISLATIVE EXPENSES.
Mr. WOLCOTT, from the Finance Committee, returned Mr. Cullen's legislative appropriation bill [S. 26], recommending passage with additional sections prescribing how warrants shall be drawn, and fixing the pay of clerks and doorkeepers at $4 per day pages $2 per day.
Mr. BENNETT. We have a law fixing the pay of officers at $5 a day; and they are entitled to as much pay as we are.
Mr. CULLEN read the law of last session.
Mr. OYLER. I submit to gentlemen whether the concluding section of that act does not confine its provisions to the extra session of 1865?
Mr. CULLEN. To make the thing sure, I move to amend the report of the committee by striking out "$4" and inserting "$5," and striking out "$2" and inserting "$3."
Mr. OYLER I believe I have the reputation of being tolerably liberal, and I am willing to take the consequences of such acts as far as my constituents are concerned, but I cannot see any propriety in the distinctions made by the law of last session. The Clerk of the Committee on Ways and Means in the House was allowed $5 a day and the clerks of the other committees $4. Although I recognize that the Committee on Ways and Means is a responsible committee, lean not see why a man who is paid for clerical labor alone should have more pay for serving on one committee than another. If $4 a day is pay enough for the clerk of any committee, then it is enough for the clerk of the Committee on Ways and Means; but if that clerk is entitled to $5 per day, I think the others are also. And I hold that no clerk is entitled to receive pay except for the days he is actually employed. I am willing to vote for $5 a day for the clerks, or I am willing to vote for $4 a day; l am not particular about that, but I don't want any rank in this question of clerks' pay.
Mr. HANNA. We are getting $5 a day for doing but a small amount of work, while everybody knows these secretaries are doing more work than we are. Upon the question of paying the employees of the Senate I can not see any harm in taking the broadest view of it. I desire these employees paid fully and properly, and as far as my vote goes it shall be in that direction. I can not take part in a discrimination.
Mr. BELLAMY. I would suggest the necessity of adding to the amendment that members of the General Assembly shall be paid $5 a day also. This is contained in the act of last session, and if it does not apply to this session, we can not get our $5 a day. If it is a general law it applies to all, and there is no necessity for the proposed amendment.
Mr. BENNETT. This law is general in all its provisions except one. The law as to the pay of members of the General Assembly, is a continuous law until it is re-sealed; but at the end of section 2 there is provision which expires by its own limitation.
Mr. BELLAMY. If the gentleman places t upon grammatical construction, then the extra pay of the pages is the only provision to which it would apply.
The amendment was agreed to.
page: 52[View Page 52]The report of the committee as amended was then concurred in.
On motion by Mr. CULLEN, the order of business was dispensed with, and the bill read the second time.
On his farther motion, the rules were suspended - yeas 43, nays 1 - the bill considered as engrossed, read the third time and finally passed by yeas 45, nays 0.
A MESSAGE FROM THE HOUSE
announced the passage by that body of a concurrent resolution for a Joint Convention of the General Assembly to-morrow at 10 o'clock A. M. for the election of Agent of State, State Printer, Librarian, Trustee of the Wabash and Erie Canal, three State Prison Directors and three Trustees of the State Asylums.
Subsequently-
On motion by Mr. CULLEN, the order of business was suspended, and the concurrent resolution was taken up and concurred in.
Mr. NOYES asked and obtained leave of absence for Mr. Reynolds, who is confined to his room by sickness.
Mr. BENNETT, from the special committee to supervise the selection of employees, reported that the President had appointed a clerk and page: recommending ratification thereof by the Senate.
The report was concurred in.
On motion by Mr. BENNETT, it was -
Resolved, That when the Senate adjourn it adjourn to meet to-morrow morning at nine o'clock.
PAY OF SHERIFFS' MILEAGE.
Mr. STEIN offered a resolution directing the State Auditor to draw warrants in favor of sheriffs who claim mileage under existing laws for conveying; convicts to State prisons He said that at the regular session of 1865 there was a special appropriation made to cover this class of expenses, but the Auditor of State informs him that the appropriation has been exhausted, and quite a number of sheriffs in the State have fees and mileage coming to them for services mentioned in the resolution.
On motion by Mr. OYLER the resolution was referred to the Committee on Finance.
THE GENERAL ASSEMBLY VERSUS THE UNITED STATES SUPREME COURT.
Mr. RICHMOND introduced the following joint resolution [S. 3] which was read the first time.
A Joint Resolution declaring that in the opinion of the General Assembly, the State of Indiana was at the time of the arrest of the conspirators, Dodd, Milligan, Bowles and Horsey, in a state of war-the decision of the Supreme Court of the United States to the contrary, notwithstanding.
WHEREAS, On three several occasions during the existence of the rebellion, the State of Indiana was invaded by the military force of the so-called Confederate States of America, and during the same time the southern border of the State was continually threatened from the same quarter, rendering it necessary that the militia in that portion of the State should he held in constant readiness, and should be frequently called out to repel threatened invasion ; and
WHEREAS, At the time of the arrest of Dodd, Milligan, Bowles and Horsey, a deep and well planned conspiracy existed on the part of domestic traitors to muster an armed force in Indiana in aid of the rebellion : therefore.
Resolved, By the General Assembly of the State of Indiana, (the House concurring,) that at the time of the arrest, trial and conviction of Milligan, Bowses and Horsey, a virtual state of war did, in point of face, exist in Indiana, the opinion of a majority of the Judges of the Supreme Court of the United States to the contrary, notwithstanding.
NEW PROPOSITIONS.
Bills for Acts of the General Assembly, numbered and titled to the following effect were now introduced:
By Mr. CARSON, [S. 37] for the incorporation of cities in the State of Indiana.
By Mr. HYATT, [S 38] amending section 20 of the act providing for the election and appointment of Supervisors of Highways, etc., approved January 20, 1865
By Mr. RICHMOND, [S. 39] creating the Fourteenth Judicial Circuit, and fixing the time of holding courts, therein. [Madison, Hamilton,Tipton and Howard.]
By Mr. RICHMOND, [S. 40] defining what counties shall constitute the Thirteenth Judicial Circuit, and fixing the time for holding courts therein. [Wayne, Randolph and Jay.]
By Mr. CHURCH, [S. 41] enabling cities, towns and townships to purchase and hold stock in turnpike, rail and other roads.
By Mr. BONHAM, [S. 42] defining what constitutes the Seventh Judicial Circuit and fixing the time for holding courts therein. [Blackford, Delaware, Henry and Hancock.]
By Mr. PARRISH, [S. 43] amending section 15 of the act providing for the opening, vacation and change of highways, approved June 17, 1852.
By Mr. OYLER, [S. 44] to amend an act to prevent emigration from any other State into this State or from one county or township in this State into another county or township for the purpose of influencing or carrying its elections. &c., approved March 6,1857, [amending sections 1 and 2.]
By Mr. THOMPSON, [S. 45] to provide for the erection and maintenance of houses of refuge or schools of reform by counties and incorporated cities, and for the confinement and detention therein of prostitutes and females given to habitual intoxication, and also of minors convicted of felonies and misdemeanors.
By Mr. WOLCOTT, [S. 46] to regulate the sale of spirituous, vineous, malt and other intoxicating liquors, to prohibit the adulteration of liquors, to repeal all former laws contravening the provisions of this act, and prescribing penalties for violation thereof.
The bill contains twenty-five sections. It provides that "no person shall sell or barter, directly or indirectly, any intoxicating liquor by less quantity than one gallon at a time" without license, his petition to be signed by at least twenty respectable freeholders residing in the town or ward where the liquor is to be sold and not more than one license shall be granted on the memorial of the same petitioners or any of them. Bonds to be in the sum of $500 for sellers of undistilled, and $1,000 for sellers of distilled liquors; conditioned that the seller "suffer no disorderly conduct on the premises, nor suffer page: 53[View Page 53] any gambling." The first class to pay a license of $40 per year; and the second class $100 per year no liquor to be sold or given away on Sundays, nor to minors or intoxicated persons, nor on election days, nor to any person who is in the habit of getting intoxicated, after being warned "by the wife, child, parent, brother, or sister of such person, or by the Township Trustee of the township in which he resides."
By Mr. RICHMOND, [S. 47] authorizing Boards of County Commissioners to make appropriations in aid of the construction of manufacturing establishments and machine shops, [when a majority of legal voters do not object.]
By Mr. OYLER, [S. 48] to amend the act for the punishment of officers of elections for refusing or neglecting to receive the votes of legal voters, approved December 23, 1853.
By Mr. CULLEN, [S. 49] requiring Clerks of the Circuit and Common Please Courts to index the records of their offices, and providing compensation therefor.
CLAIMS.
Mr BROWN presented a claim from one of his constituents for services as Post Surgeon; and Mr. RICHMOND presented a claim of Martin Igoe, late Quartermaster at Camp Morton. They were referred to the Committee on Claims.
WORK FOR COMMITTEES.
Senate bills introduced day before yesterday, described as follows, were read by title only and referred to appropriate committees.
Mr. Mason's, Congressional apportionment [27], to the Committee on that subject.
Mr. Bonham's cost collection [28]; Mr. Bennett's colored witnesses [29], and increased fees [33]; Mr. Rice's capias ad satisfaciendum [32]; and Mr. Stein's grand larceny [35], to the Judiciary Committee.
Mr. Reagan's protection of fish [30], to the Committee on frights and Privileges; with instructions proposed by Mr. CRAVENS, to inquire into the expediency of prohibiting the netting or trapping of fish for five years, and the taking of them from any of the streams in this State between the 15th of May and the first of July in each year.
Mr. Cullen's Common Pleas [34] ; and Mr. Richmond's Supreme Court Sheriff salary [36], to the Committee on Organization of Courts.
Mr. Carson's Niagara ship canal joint resolution [2], to the Committee on Federal Relations.
And then the Senate adjourned.
