THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATIVE.
IN SENATE.
MONDAY, January 18, 1869.The Senate met at two o'clock p. m.--the Lieutenant Governor in the Chair.
The Secretary's journal of Friday was read.
Mr. GREEN called ap a message from the Senate containing the House amendments to his fourteenth Judicial District Court bill, [S. 1] and the Senate concurred in the amendments thereto.
PETITIONS.
Mr. BIRD present a petition from Allen county concerning the gravel, plank and McAdamized road law.
It was referred to the Committee on Roads without reading.
Mr. HADLEY presented a petition from manufacturers, merchants, and other citizens ot the State of Indiana, asking for such legislation as will remove the evil growing out of Railroad combinations, and fix a limit to the unjust discrimination practiced in local freight and passenger business.
It was referred to the Committee on Corporations.
REPORTS FROM COMMITTEES.
Mr. CAVEN, from the Judiciary Committee, returned the redemption of real property bill, [S. 10] recommending its passage, with an amendment providing that this act shall not affect the rights of parties in judgments rendered previous to its passage.
The report was concurred in, and the amendment agreed to.
Mr. GIFFORD, from the select Committee thereon, returned the Court bill [H. R. 2] affecting the Fourth Judicial Circuit, recommending its passage.
The report was concurred in.
Mr. BELLAMY offered a resolution, which was adopted, that the Committees on the Judiciary and Elections be allowed each a clerk.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and referred to appropriate Committees:
By Mr. BRADLEY [S. 34] concerning the laying out of highways across railroad tracks.
It was referred to the Committee on Roads.
By Mr. SCOTT [S. 35] in relation to docket fees, and declaring an emergency.
It was referred to the Committee on Organization of Courts of Justice.
By Mr. KINLEY [S. 36] prohibiting the retail of intoxicating liquors, to be used as a beverage, and repealing all laws in conflict therewith.
It was referred, to the Committee on Temperance.
By Mr. GRAY [S. 37] to amend section two of act defining who shall be competent witnesses in any court of justice in this State, etc., approved March 11, 1867.
It was referred to the Committee on the Judiciary.
By Mr. BELLAMY, [S. 38] abolishing April elections, and declaring when township elections shall be held, [Officers elected next April shall hold till the October election in the following year.]
It was referred to the Committee on County and Township Business.
By Mr. GREEN [S. 39] to amend section twenty-five of an act regulating descents, approved March 14, 1852.
It was referred to the Committee on the Judiciary.
By Mr. HOWK [S. 40] to repeal sections page: 125[View Page 125] forty-four and eighty-two, and to amend sections eighty-one and 93 of the practice act.
It was referred to the Committee on Organization of Courts of Justice.
By Mr. SCOTT [S. 41] relating to appeals to the Supreme Court. [Amendatory of section five hundred and eight of the practice act.]
It was referred to the Committee on Organization of Courts.
By Mr. HADLEY [S. 42] to amend section nineteen of the act relating to the creating and change of highways, approved June 17, 1852.
It was referred to the Committee on Roads.
By Mr. BRADLEY [S. 43] to facilitate making up issues in civil actions.
It was referred to the Committee on the Judiciary.
By Mr. DENBO [S. 44] to limit the time for commencing actions for redemption of real property sold for taxes. [Limiting the time to four years.]
It was referred to the Committee on the Judiciary.
By Mr. SCOTT [S. 45] relating to the salaries of Judges of the Supreme, Criminal, Circuit and Common Pleas Courts. [Supreme Judges four thousand dollars each; Criminal and Circuit Judges, three thousand dollars each; and Common Pleas two thousand dollars each.]
It was referred to the Committee on the Judiciary.
THE BAKER-CUMBACK CORRESPONDENCE.
Mr. GRAY called up the special order for this hour, being the consideration of the report from the Committee of the Whole Senate, recommending the passage of the resolutions in reference to the Baker-Cumback correspondence. [See page 115.]
Mr. GRAY moved to strike the word, "dishonorable" from the third resolution.
Mr. STEIN demanded the previous question.
The demand was seconded by twenty-six Senators.
The amendment was rejected by yeas 20, nays 24--as follows:
YEAS--Messrs. Andrews, Bellamy, Case, Caven, Church, Elliot, Gray, Green, Hadley, Hamilton, Hess, Houghton, Jaquess, Johnson of Spencer, Kinley, Rice, Robinson of Madison, Robinson of Decatur, Scott and Wood--20.
NAYS--Messrs. Beardsley, Bird, Bradley, Carson, Cravens, Denbo, Fisher, Fosdick, Gifford, Hanna, Henderson, Hooper, Howk, Huey, Hughes, Humphreys, Johnston of Montgomery, Lasselle, Lee, Morgan, Reynolds, Sherrod, Stein and Turner--24.
Pending the roll call--
Mr. KINLEY, when his name was called said: I desire to say in explanation of my vote, that I have no desire to insert any word unnecessary or offensive in the language of the resolution. I voted in the Committee of the Whole to strike out the words "corrupt and indecent," and now shall vote to strike out the word "dishonorable,"--not by any means however, (he was understood to say) justifying the proposition contained in the letter.
Mr. WOLCOTT, when his name was called declined to vote, as he was of the opinion that the Senate has no jurisdiction over the subject matter of the resolutions.
Mr. GREEN, before the vote was announced and after the roll had been called, asked and obtained leave to change his vote from, "no" to "aye," on the strength of the explanation made by the Senator from Wayne, [Mr. Kinley.]
So the amendment was rejected.
The report of the Committee was concurred in by yeas 28, nays 17--as follows:
YEAS--Messrs, Andrews, Beardsley, Bird, Bradley, Carson, Cravens, Denbo, Fisher, Fosdick, Gifford, Green, Hanna, Henderson, Hess, Hooper, Howk, Huey, Hughes, Humphreys, Johnston of Montgomery, Kinley, Lasselle, Lee, Morgan, Reynolds, Sherrod, Stein and Turner--28.
NAYS--Messrs. Bellamy, Case, Caven, Church, Elliott, Gray, Hadley, Hamilton, Houghton, Jaquess, Johnson of Spencer, Rice, Robinson of Madison, Robinson of Dectur, Scott, Wolcott and Wood--17.
Pending the roll call--
Mr. CAVEN, in explanation of his vote, when his name was called said: I do not by my vote approve of this correspondence, but I give it as my opinion that the Senate has no jurisdiction over this case. If the Senate had not been detained so long already in the discussion of this subject I would be glad to make a speech assigning the reasons for my course, but I will only say now that I believe we have no jurisdiction of the matter, and consequently have no right to pass any sentence or judgment. I therefore shall be compelled to vote "no," without that being a vote on the merits of the case.
Mr. CHURCH, when his name was called, in explanation of his vote, said: I vote upon this question and vote "no," because I believe there is nothing dishonorable, dishonest or corrupt in the letter; because I believe it to be a suggestion or proposition simply, and nothing in it of a bargain or sale.
Mr. GRAY voted "no" because he believed the Senate had no jurisdiction in the matter.
Mr. HADLEY, when his name was called, said: Being an inexperienced member, I have declined to take any part in this debate, but now that I am called upon to record my vote, I desire with other Senators, to say one word in explanation, I stand upon this floor the representative of a considerable portion of the Republican party, and as such I do not wish, any public act of mine to be construed into a desire to cover up or conceal any corrupt act of a member of my party, or into a desire not to vote to reprimand a member of my party page: 126[View Page 126] guilty of a corrupt or dishonorable act. This I wish to be understood as the plea for my action upon this resolution. I confidently believe that this matter has been dragged into this Senate more to effect the political advancement of the Lieutenant Governor than for the moral turpitude it contains, and for this reason nine-tenths of my constituency would hold me responsible in part for the political crimination that would follow were I to countenance a political enemy in throwing this fire-brand in here without a higher or nobler object in view. Therefore I vote "no."
Mr. RICE, when his name was called said: Believing all through this discussion that the Senate has no jurisdiction in this case, I vote "no."
Mr. SCOTT, when his name was called, said: I desire to say one word in explanation of my vote. I would have been perfectly content with the resolutions as originally introduced, but with these resolutions I am not content. I think they are more severe than the subject warrants. I have voted steadily for the purpose of taking out of these resolutions words that I believe to be too severe. As the resolutions now stand they do not suit me; therefore, I shall vote "no."
The vote was then announced as printed on page 125 of these Reports.
So the resolutions were adopted.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and appropriately referred.
By Mr. CAVEN, [S. 46] to provide for the detection and arrest of felons.
It was referred to the Committee on the Judiciary.
By Mr. CAVEN [S. 47] to enable cities to aid in the construction of railroads.
It was referred to the Committee on Roads.
By Mr. BELLAMY [S. 48] for the protection of banks of water courses by the protection of bushes growing on the banks thereof.
It was referred to the Committee on Roads.
By Mr. CAVEN [S. 49] to authorize the City of Indianapolis to occupy as parks certain lands belonging to the State.
It was referred to the Committee on Benevolent Institutions.
By Mr. KINLEY [S. 50] providing for the collection of forfeited recognizances.
It was referred to the Committee on the Judiciary.
By Mr. DENBO [S. 51] to amend section 9 and repealing part of section sixteen of an act concerning partition of lands, etc., approved March 20,1852.
It was referred to the Committee on the Judiciary.
By Mr. HENDERSON [S. 52] creating the twenty-second and twenty-third Judicial Circuits, fixing the times of holding courts therein, etc.
It was referred to the Committee on Organization of Courts of Justice.
By Mr. Caven [S. 53] to authorize the formation of co-operative societies for the purchase or erection of dwellings or other buildings.
It was referred to the Committee on Corporations.
Mr. JOHNSTON of Montgomery, offered a resolution, which was adopted, that when the Senate adjourns it adjourn to meet at ten o'clock a. m. tomorrow.
WORK FOR COMMITTEES.
Messages from the House coming up in regular order--
The bill [H. R. 10] to amend section forty-three of the decedents' estate act was read the first time and referred to the Judiciary Committee.
The bill [H. R. 32] appropriating seventy-five thousand dollars to defray the expense of the present session of the General Assembly, was read the first time (allowing clerks five dollars and other employes three dollars per diem) and referred to the Committee on Finance.
The following described Senate bills were read by title only and referred to appropriate Committees:
The bill [S. 12] concerning the publication of notices, was referred to the Judiciary Committee
The bill [S. 14] concerning witnesses, was referred to the Judiciary Committee
The bill [S. 15] to repeal the fish law, was referred to the Committee on the Inhabitants of the State.
The bill [S. 16] to repeal the gravel road assessment law, was referred to the Committee on Corporations.
The bill [S. 17] regulating the sale of patent rights, was referred to the Judiciary Committee.
The bill [S. 18] empowering colleges to hold and sell real estate was referred to the Committee on Corporations.
The bill [S. 19] amending section three hundred and ninety-seven of the general practice act, was referred to the Judiciary Committee.
The bill [S. 20] the surety-relief bill was referred to thee Committee on the Judiciary.
The bill [S. 21] concerning officers bonds and oaths, was referred to the Judiciary Committee.
The bill [S. 22] regulating interest on judgment and decrees, was referred to the Judiciary Committee.
page: 127[View Page 127]The bill [S. 24] to amend section 78 of the practice act, was referred to the Judiciary Committee.
The witness' bill, [S. 25] was referred to the Judiciary Committee.
The Common Pleas Judges salary bill, [S. 26] was referred to the Judiciary Committee.
The concurrent resolution from the House, concerning the Morgan raid commissioners report, and authorizing the printing of two hundred copies of said report, being read--
On motion by Mr. HUGHES it was referred to the Committee on Printing.
Mr. PRESIDENT laid before the Senate the annual report of the Bank of the State of Indiana.
It was referred to the Committee on Banks.
And then the Senate adjourned till ten o'clock to-morrow morning.
