THE BREVIER LEGISLATIVE REPORT.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, January, 19, 1869.The Senate met at ten o'clock a. m., agreeable to adjournment the Lieutenant Governor in the chair.
The Secretary's journal of yesterday was read.
Mr. HUGHES. I rise to a question of privilege. I believe the custom is when a member of a Legislative body has received instructions from his constituency to present them to the body, and I rise for that purpose. I found in the hotel in which I board this morning a paper purporting to be instructions from three townships of one of the counties I represent. I had read them, however, in a newspaper the State Journal, that is the fashionable channel, it seems, through which to present documents to the Senate. I suppose the regular order to be to furnish the papers first and the parties concerned afterwards. I believe it is in order to present these instructions to the Senate, and have them read, that they may be laid on the table.
Mr. CHURCH suggested that they be referred to the Committee on Public Expenditures.
Mr. HUGHES. I thought of that, but being chairman of that Committee myself I thought that would not be proper. And I then thought of their reference to the Committee on Roads and Canals, but as the Senator from Jefferson [Mr. Cravens] who has been voting with me is chairman of that committee, I thought that would hardly do. Then I thought of the Committee on County and Township Business, as they purport to come from three townships, but then I am a member of that committee. I see no way of disposing of them through a committee, and I think the usual parliamentary course is to lay them on the table. I will say that I will give then most respectful consideration--the consideration to which they are entitled. How much or how great that may be I have not been entirely to decide. I will state the circumstances attending this meeting as a matter to myself.
Mr. H. then read the proceedings and resolutions as published in the Journal of morning. They are as follows:
At a mass meeting of the Republicans of Ma Bono and Spice Valley townships, Lawrence county, Indiana, held at Mitchell, Monday, January 1869, M. D. Crim was called to the Chair, and John W. Manington was chosen Secretary.
The object of the meeting was stated by the Chairman to be to take into consideration the course pursued by Hon. James Hughes, our State Senator, on the United States Senatorial question, and to give an expression of the Republican voters townships of Marion, Bono and Spice Valley, who gave him (350) three hundred and fifty majority-- the stronghold of the Republican party of District--knowing, from the course that he is pursuing that he is acting in direct opposition to the sentiments of those that elected him.
On motion the following resolutions were unanimously adopted:
RESOLVED, That we are now, and have been the commencement of the contest in February 1868 in favor of Hon. Will. Cumback for United Senator; and we are pained at the course pursued by the Hon. James Hughes, our State Senator in his efforts to thwart our wishes, and we demand of him that he support the nominee of the Republican caucus, and cast his vote for the Hon. Will. back for United States Senator.
RESOLVED, That we endorse the course of our Repesentative, the Hon. Moses F. Dunn, in regard to the United States Senatorial question.
On motion, it was ordered that the proceedings of this meeting be published in the Indianapolis Daily Journal, and the Mitchell Commercial, and a copy to be forwarded to the Hon. James Hughes.
M. D. CRIM, President.
J. W. MANINGTON, Secretary.
page: 133[View Page 133]I am informed that the proceedings were forwarded by a special messenger. I have not seem him; he must have gone to the Journal office. This meeting, it is due to myself to is a perfect illustration of the manner in which public sentiment is manufactured and is to be manufactured hereafter. I understand the wishes of my constituents very well, and I think I represent them. If I do not, that is a question to be settled between myself and them hereafter.
A gentleman who has been a constituent of mine, living in the town where this meeting was held, who has been here for some days exceedingly zealous in Mr. Cumback's cause left here Friday, Saturday or Thursday last, after having been in communication with him, the purpose of getting up this meeting. He makes no secret of the fact that if Lieutenant Governor Cumback is elected he will be poster; and a little mail agency is also disposed of to another party to this meeting. The meeting was held in a town of two thousand inhabitants, where for any ordinary purpose a urge and respectable audience would assemble. Along with the instructions came a public notice which was given full and ample, and the object is stated in it. The meeting consisted of sixteen Republicans and one Johnson postmaster, all told, in an up stairs room. And that is designed to come here as an expression of three townships which gave me seven hundred and fifty-two votes. The thing proceeds directly from Indianapolis, gotten up by a citizen who makes no secret of the fact that is promised the post office, participated by another who is promised a mail agency, and pretending to reflect the wishes of three townships which gave me seven hundred and fifty-two votes, or a majority of three hundred and fifty, as the resolutions say. In this town of two thousand inhabitants, where I could Meet in one hour's notice from five hundred to one thousand voters, they got up a respectable mass meeting of sixteen men and one Johnson postmaster, who attended as a corps of observation [laughter,] and the State Journal comes out, before the matter is presented to the Senate, and says: "But the most direct and significant expression of the feelings of Republicans was given by a meeting of the constituents of Senator Hughes last Saturday, report of which we append." But it will be proper to consume any more time of the nate with a matter of this fort. I move that they lie upon the table. I will give them the consideration they are entitled to, under the peculiar circumstances attending their procuration.
The PRESIDENT [Mr. Robinson of Madison, in the chair.] Without objection the paper will lie on the table.
Mr. CHURCH. Mr. President: I do not know what the custom or practice is under such circumstances. I have but very little experience in such cases. I do not know but it is the proper way that Senators shall bring into this body everything said in the newspapers for or against them, or any little controversy between themselves and their constituents, but it looks like a matter with which we have little to do. Some constituency may agree or disagree with their representative here. If they agree or disagree, it is a matter for him to consider, and settle the controversy without the assistance of other Senators. Ida not know but it is proper, but it occurs to me that these newspaper things either for or against a Senator are of very little importance to the body. The resolutions are not directed to this body, but to the Senator, and I doubt if is proper to bring them here, and consume the time of the Senate in commenting upon them. He hoped there would be as little occasion as possible hereafter for consuming the time of the Senate in this way. For one, he had come here with a desire to perform the duties which the people required of him.
Mr. HUGHES. The instructions are presented in the original paper. I merely read them from the newspaper. It is a parliamentary course, I believe, out of respect to the body for them to be presented and lie on the table, and the party presenting them has a perfect right to make such remarks as he pleases. The question is between me and my constituents, and has nothing to do with the Senator from Porter [Mr. Church] but I would like to know what I can do in this body, or what I have done, with which he has not had something to do? He seems to have constituted himself my censor morum, and he undertakes to read me lectures. I suggest to the Senator to prosecute the legitimate duties appertaining to his constituency and let me alone, because if he does not, some of these days he will provoke me to retalite, and it might result in an unpleasantness between us.
The PRESIDENT pro tem. The Senator is out of order.
Mr. HUGHES. I do not intend to be out of order. I merely desire to reply to the Senator. This is a matter between me and my constituent, in which he had nothing to do, and he undertook to rebuke me for bringing it in here. I give him to understand that it is no affair of his, as he admits, and that I do not intend to receive any lectures from that source.
Mr. CHURCH did not think he had said anything disrespectful in his remarks, which should call forth any such language.
Mr. HUGHES said perhaps he had not intended doing so, but the matter was no question of his, and one in which he had no reason to interfere.
page: 134[View Page 134]PETITIONS.
Mr. RICE presented a petition paaying that the laws may be so amended that the roads may be worked by contract, dispensing with supervisors--the township trustee to let the contracts.
It was referred to the Committee on Roads.
Mr. BEARDSLEY presented a petition from the citizens of Elkhart, praying for an amendment to the act of March 9, 1862 authorizing Horse Thief Detective Associations, so that they may double the number of members.
It was referred to the Committee on Rights and Privileges.
Mr. HADLEY presented a petition from Hendricks county against the repeal of the gravel road law, which, without reading was referred to the Committee on Roads.
Mr. WOOD presented a petition from Benton county praying for legislation against the importation of Texas cattle, which, without reading was referred to the Committee on the Judiciary.
UNITED STATES SENATOR.
Mr. CRAVENS offered the following resolution:
RESOLVED, That the Senate will proceed at half past two o'clock to-day, to vote for a person to represent this State in the Senate of the United States, for six years from and after the 4th day of March, 1869.
Mr. COLLEY said that he was very unwell, and had been hauled down there that morning. He did not feel as though he could remain until the hour named, and hoped the vote might be taken sooner, say at twelve o'clock.
Mr. CRAVENS had no objection to the hour, and was willing that the resolution should be so amended, as it would make no difference to him.
Mr. COLLEY in reply, stated, that it made none to him, with the exception mentioned. He would be glad if he could remain and take part in all the business of the Senate.
Mr. CRAVENS, with the consent of the Senate, changed the hour in his resolution from half past two to twelve o'clock.
The resolution was then adopted.
Mr. GIFFORD offered a resolution, which was adopted, directing the distribution among Senators, of the Agricultural Reports for 1867 and 1868.
BILLS FOR ACTS.
Were introduced, read the first time, and referred to appropriate Committees.
By Mr. REYNOLDS, [S. 54] to authorize cities to establish parks.
It was referred to the Committee on the Judiciary.
By Mr. SCOTT, [S. 55] creating the twenty-third Judicial Circuit, providing for the election of Judge thereof, etc., (providing for a Criminal Court in the county of Vigo.)
It was referred to the Committee on Organization of Courts of Justice.
By Mr. CASE, [S. 56] amending section one hundred and thirty-three and one hundred and thirty-four of the law of June 17, 1852 regulating decedents estates.
It was referred to the Committee on the Judiciary.
By Mr. ELLIOTT, [S. 57] to amend the supervision of highways act of March 2, 1865--section six.
It was referred to the Committee on Roads.
By Mr. DENBO, [S. 58] amending section sixteen of an act approved March 2, 1855, concerning fees of jurors [$2 50 per day.]
It was referred to the Committee on Organization of Courts.
By Mr. CAVEN, [S. 59] regulating change of venue, attendance of witnesses in criminal cases, etc.
It was referred to the Committee on the Judiciary.
By Mr. CAVEN, [S. 60] to amend section one hundred and three of the general practice act approved June 17, 1852, [with regard to procedure on trials.]
It was referred to the Committe on the Judiciary.
By Mr. Hadley, [S. 61] providing for amendment of pleadings and papers in civil cases [in like manner as criminal actions.]
It was referred to the Committee on the Judiciary.
By Mr. CASE, [S. 62] amending section six of the law regulating marriages, approved March 5, 1852.
It was referred to the Committee on the Judiciary.
By Mr. CHURCH, (S.63) providing an additional remedy for the collection of delinquent taxes--providing for bringing suit and taxing up attorney's fees against property, not exceeding fifty per cent in amount.
Mr. HUGHES said that usually he preferred that bills should take the regular course but that this one contained provisions so extraordinary and repugnant, taxing up attorney's fees at fifty per cent, against the lan that he moved to reject the bill.
Mr. JOHNSON of Spencer seconded the motion.
Mr. CHURCH, in explanation, stated that it provided for attorney's fees for collection not exceeding fifty per cent, in the discrete of the Court. The bill had been offered in good faith, and we all know the difficulties trending the collection of delinquent taxes. Under the present system, unless persons have money to loan at six per cent, they will not bid upon lands advertised for taxes and run the risk of a suit to hold them. The law pro- page: 135[View Page 135] posed is similar to those in Wisconsin and Illinois, and we greatly need some law which will enable the State to collect delinquent taxes. The bill he thought at least worthy of the consideration of the Committee on the Judiciary.
Mr. HUGHES was at a loss to see why suit should be instituted to obtain judgment, when the law now contemplates that the Treasurer holds what is similar or equivalent to a judgment. The tax duplicate is itself an execution, and this bill proposes the bringing of an action upon which to found an execution. The fifty per cent, penalty now goes to the public use.
Mr. SCOTT hoped the motion would not prevail. The Senators had neither of them stated the provisions of the present law correctly and this he thought was evidence that the matter should be considered. All bills, when presented here, are more or less crude; the idea is a good one, and he believed it could be put in proper shape. They were both mistaken as to the amount and disposition of the present penalty. There is no such penalty as fifty per cent., unless it is higher in some other locality than he had been accustomed to; and it does not go to the public use, but to the purchaser. The proceeding proposed is not an unusual one. While the tax duplicate is an execution, it is not enforced with the diligence required. A portion of the people, as is well known, pay freely, while a large number pay only when compelled to do so. He objected to the motion to strike this bill from the calendar.
Mr. HUGHES, in consideration of the desire of the Senator, who had, as County Treasurer, an opportunity to know the facts of the case, withdrew his objections in the hope that the Judiciary Committee would be able to do something with the bill to make it practicable.
Mr. SCOTT was satisfied the Committee would do all in their power to do so.
The bill was then referred to the Judiciary Committee.
By Mr. WOLCOTT, [S. 64] authorizing voluntary associations, under an act approved February 12, 1855, to acquire title to lands for cemetery purposes.
It was referred to the Committee on the Judiciary.
By Mr. CAVEN, (S. 65) to regulate the publication of legal advertisements, (a daily, if it has the largest circulation.)
It was referred to the Committee on the Judiciary.
By Mr. HUMPHREYS, (S. 66) to repeal an act to ascertain the amounts of fees received by officers, approved June 3, 1861.
It was referred to the Committee on the Judiciary.
PRISON FOR FEMALES.
The House message for a joint committee to inquire into the propriety of the establishment of prisons for females, was concurred in.
The bill [H. R. 2] fixing times of holding courts in the fourth Judicial Circuit, was read the second time and passed to the third reading.
Mr. GIFFORD moved to suspend the rules in order to put the bill on its passage. The motion was agreed to, by yeas 48, nays 1. The bill was read the third time, and passed the Senate by yeas 46, nays none.
The Senate--at 11:25--took a recess for thirty minutes.
When the time of recess had expired, the Senate was called to order by the President pro tem.--Mr. Robinson of Madison.
Mr. FISHER from the Committee on Printing, reported favorable to the printing of the Morgon Raid Commissioner's report.
The House resolution thereon was then concurred in, authorizing the printing of two hundred copies.
ELECTION OF UNITED STATES SENATOR.
The hour of twelve having arrived--
Mr. CRAVENS demanded a call of the Senate, which was ordered, and fifty Senators answered to their names.
The PRESIDENT--(Mr. Robinson of Madison in the Chair.) Nominations for the Senate are in order, if gentlemen of the Senate wish to make any.
Mr. RICE. I put in nomination for the office of Senator of the United States from this State the name of Hon. Will. Cumback.
Mr. SHERROD. I put in nomination the name of Thomas A Hendricks.
No other nominations being made, the Secretary called the roll, and the first ballot resulted as follows:
Those who voted for Mr. Cumback were--
Messrs. Andrews, Armstrong, Bellamy, Case, Ca-vin, Church, Colley, Elliott, Fisher, Gray, Green, Hadley, Hamilton, Hess, Honghton, Jaquess, Johnson of Spencer, Rice, Reynolds, Robinson of Madison, Robinson of Decatur and Wood--22.
Those who voted for Mr. Hendricks were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Johnston of Montgomery, Lasselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--19.
Messrs. Beardsley and Hooper voted for E. W. H. Ellis.
Mr. Cravens voted for Cyrus M. Allen.
Mr. Fosdick voted for James Frazier.
Messrs. Hughes and Scott voted for Richard W. Thompson.
Mr. Kinley voted for George W. Julian.
Mr. Stein voted for G. S. Orth.
Mr. Wolcott voted for Ben. Harrison.
Pending the roll call--
Mr. CRAVENS said: It is due to myself, as well perhaps as to members of the Republican party in the Legislature, and particularly page: 136[View Page 136] this Senate, to state a fact which is well known. to the Senate, and that is that in my view of my obligations under the constitution there are certain persons for whom I cannot vote. But what I desire now to state more particularly, is the fact, that in the Republican caucus held for the purpose of nominating a candidate for Senator, I attended that caucus and stated my position and my objections under the constitution; and I will say that the caucus, with a courtesy unanimously expressed, absolved me from any obligation as far as the nomination they had made was concerned. I therefore, as a matter of course, disappoint no one when I declare that I cannot vote for the nominee: I therefore cast my vote for the Hon Cyrus M. Allen.
Mr. HUGHES, when his name was called, said: I did not participate in the Republican caucus, was not a candidate before that body, and my name was not put in nomination there, though some person cast a vote for me. This statement is made necessary because in the proceedings of the caucus as published in the newspapers, it is stated that I was put in nomination. That is not true. I cast my vote for the Hon. Richard W. Thompson.
Mr. SCOTT, when his name was called, was understood to say that the citizens of his county had directed him to vote for the Hon. R. W. Thompson.
Mr. WOLCOTT, when his name was called, said: I participated in the caucus which was held by the Republican party, to select a nominee of that party for the United States Senate, but as the measures of a caucus are measures only of party expediency, in my opinion they fall before the force of superior considerations. Since the action of that caucus, the Senate has passed a resolution severely censuring the nominee of that cancus--so severely censuring him that I do not believe he would be a valuable representative of the Republican party in the Congress of the United States, and I regard myself as absolved from the action of the caucus. I vote for the Hon. Benjamin Harrison of this city.
So the first ballot resulted--
| For Mr. Cumback............................... | 22 |
| For Mr. Hendricks............................. | 19 |
| For Mr. Ellis.................................. | 2 |
| For Mr. Thompson............................... | 2 |
| For Mr. Allen.................................. | 1 |
| For Mr. Frazier................................ | 1 |
| For Mr. Julian................................. | 1 |
| For Mr. Orth................................... | 1 |
| For Mr. Harrison............................... | 1 |
| Total.......................................... | 50 |
The PRESIDENT pro tem. No candidate having received a majority of the votes cast, what is the pleasure of the Senate?
Mr. BELLAMY moved that the Senate meet with the House at 12 o'clock to-morrow to compare the vote.
Mr. HUGHES suggested an addition that the Secretary so inform the House.
Mr. BELLAMY, upon second thought did not believe such a resolution necessary as their duties were fixed by an act of Congress, and withdrew it.
Mr HUGHES. I move that the Senate adjourn.
The motion was agreed to.
And so the Senate took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR called the Senate to order at two o'clock.
Mr. STIEN offerred a resolution, which was adopted, that the Committee on Organization of Courts of Justice be authorized to appoint a Clerk.
Mr. FISHER offered a resolution, which was adopted, authorizing the Committee on Finance, to appoint a Clerk.
Mr. ANDREWS offered a resolution, which was. adopted, that the Committee on Organization of Courts be instructed to inquire into the expediency of abolishing the Courts of Common Pleas, and establishing County Surrogate Courts in lieu thereof.
Mr. HUMPHREYS offered a resolution, which was adopted, that the Committee on Education inquire into the expediency of providing for a uniformity of text books in the common schools.
Mr. ROBINSON of Madison, offered a resolution, which was adopted, that the Committee on Elections be authorized to employ a Clerk.
Mr. JAQUESS offered a resolution, which was adopted, that the Committee on Claims be authorized and empowered to employ a Clerk.
BILLS FOR ACTS
Were introduced, read the first time, and appropriately referred to Committees, to-wit:
By Mr. HUMPHREYS, a bill [S. 67] to amend section 5 of the township business act of February 18, 1859.
It was referred to the Committee on County and Township business.
By Mr. BEARDSLEY, [S. 68] a bill amending section one of an act for the formation of horse thief detective associations, approved March 9, 1862, (allowing two hundred instead of one hundred members.)
It was referred to the Committee on the Judiciary.
By Mr. GREEN, [S. 69] amending section four hundred and fifty-five of the general practice act, (concerning the sale of property on execution.)
It was referred to the Committee on the Judiciary.
page: 137[View Page 137]By Mr. ROBINSON of Madison, [S. 70] to amend the plank, gravel and macadamized road law, approved May 12, 1862.
It was referred to the Committee on Roads.
The bill [S. 19] to repeal the redemption of real property act, approved June 4, 1866, was read the second time and passed to the third reading.
Mr. CRAVENS. As the files are clear, and in order to give the Committees time to work, suggested an adjournment, but withheld the motion for--
Mr. BELLAMY, who offered a resolution, which was adopted, that when the Senate adjourn it adjourn to meet at ten o'clock a.m. tomorrow.
And then--
The Senate adjourned.
