THE BREVIER LEGISLATIVE REPORTS
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, January 27, 1869.The Senate met at two o'clock, p. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
The Secretary's journal of yesterday was being read, when--
On motion Mr. DENBO, the further reading thereof was dispensed with.
The LIEUTENANT GOVERNOR laid before the Senate an invitation from the Secretary of the Board of Trustees of the State Normal School for the Legislature to visit that institution on the 4th proximo.
It was referred to the Committee on Education.
Mr. BELLAMY said this institution was asking a large appropriation for the purpose of finishing its buildings, and members should see for themselves what improvements are proposed to be made. The House have accepted the invitation, and set Saturday week as the day for the excursion.
A message from the House announced the passage of a concurrent resolution by that body, requesting the Hon. D. D. Pratt, U. S. Senator elect, to address the legislature in joint convention at four p. m., this day.
On motion by Mr. CHURCH, the concurrent resolution was adopted.
The LIEUTENANT GOVERNOR appointed Messrs. Church and Lasselle the committee on the part of the State to carry out its design.
REPORTS FROM COMMITTEES.
Mr. CASE, from the committee on County and Township Business, returned the bill [S. 105] repealing the act amending the act of June 4, 1852, approved March 6, 1865, relating to county treasurers, recommending its passage.
Mr. GIFFORD, from the same committee, returned the bill [S. 80] to amend the real estate appraisement act of December 21, 1858, recommending that it lie on the table.
Mr. DENBO, from the same committee, returned the bill [S. 107] amending sections two and three of an act for the incorporation of county libraries, recommending that it be laid on the table.
Mr. GIFFORD, from the same committee, returned the bill [S. 81] legalizing the 1864 appraisement, reccommending its passage.
Mr. DENBO, from the same committee, returned the bill [S. 115] to amend the forty-ninth section of the highway act of June 17, 1852, recommending its passage.
Mr. CASE, from the same committee, returned the bill [S. 116] prohibiting county boards from appointing one of their number to places of trust or profit, recommending its passage.
Also, returning the bill [S. 38] abolishing April elections, with a recommendation that it lie on the table.
Mr. ROBINSON, of Decatur, from the Committee on Roads, returned the bill [S. 48] for the protection of banks of water courses by preserving growing bushes, with a report thereon recommending its passage.
Also, returning the bill [S. 82] regulating toll on plank and gravel roads, recommending that it lie on the table.
These reports were severally concurred in.
VISIT TO THE NORMAL SCHOOL.
Mr. BELLAMY offered a resolution that the Senate accept the invitation of the State Normal School to visit the same on Thursday the 4th proximo.
page: 188[View Page 188]Mr. HUGHES would like to go to Terre Haute, for he has many friends there, but he could not consent to a suspension of legislation to go there simple to look at the normal school house. All the purposes of a Legislative visit could be attained by the Committee on Education visiting that institution. It would break up the week's work were the Senate to go there, and there is no more reason for visiting this than any other institution in the State. He would like for the members to go to Bloomington and see the State University; but the time cannot be spared for these visits, and is not right to make them.
Mr. MORGAN. The Normal School House is a building that has cost a great deal of money, and it will cost a great deal more to complete it; and we, as guardians of the State, should see show this money is to be expended. It would be well if the entire Legislature will not go for a large and suitable committee to visit that institution and make a report of their investigation.
The resolution was rejected by yeas 16, nays 28.
FEES OF THE AUDITOR, SECRETARY AND TREASURER OF STATE.
Mr. FISHER offered a resolution that a special committee of three be appointed by the President, to ascertain the aggregate amount of fees, salaries and perquisites received by the Auditor, Treasurer and Secretary of State, and that the committee have power to send for persons and papers.
Mr. FISHER. It is said that extravagant fees are received by these officers. It is said that the fees received by the Auditor alone amounts to as much as the salary of the President of the United States. We ought to know whether this is so or not, and the people ought to know it. It is not intended that the sending for persons shall go beyond the present State officers and those just retiring.
Mr. CARSON. Some time ago a resolution was passed by the Senate which embraces the inquiry made in this resolution, and which should be a sufficient demand for the information sought. He would prefer to wait for a response to that resolution before passing a similar one.
Mr. FISHER explained that the resolution referred to by Mr. Carson, calls upon the present officers as well as all others; but what we want is a report from the late officers as a guide for our action in the future.
Mr. CARSON. If this resolution is simply requiring a report from the retiring officers he had no objections to it.
The resolution was adopted.
The LIEUTENANT GOVERNOR subsequently appointed Messrs. Fisher, Rice and Huey as said committee.
THE PUBLIC PRINTING.
Mr. KINLEY offered the following resolution, which was adopted:
RESOLVED, That a special committee of three be appointed to draft and report a bill providing for the printing of the Public Documents and Laws, by the lowest responsible bidder.
The PRESIDENT makes the Committee to consist of Messrs. Kinley, Robinson of Madison and Turner.
Mr. FOSDICK offered the following resolution, which was adopted:
RESOLVED, That the Committee on Printing be instructed to inquire into the propriety of abolishing the office of State Printer, and letting the printing by contract to the lowest responsible bidder, with instructions to report by bill or otherwise.
Mr. RICE, by leave, from the Corporation's Committee, returned the bill [S. 76] authorizing towns to aid railroads, with a recommendation that it lie on the table.
The report was concurred in.
VISIT TO THE NORMAL SCHOOL.
Mr. MORGAN offered a concurrent resolution reciting that, whereas an invitation has been received, inviting the Legislature to visit the State Normal School, that a committee of five be appointed, three from the House and two from the Senate, to visit said Institution and report to the Legislature their observations, etc.
Mr. BELLAMY remarked that the House had voted to visit in a body, and that so much of the resolution as referred to that body would not be proper. Furthermore, the Committee on Education has accepted a special invitation to go, and intended, at the proper time, to ask leave of absence of the Senate.
Mr. HUGHES moved to amend the resolution by striking out the joint committee, and inserting, in lieu, the Committee on Education, and adding Senators Sherrod and Morgan to said committee.
The amendment was agreed to.
Mr. STEIN, by leave from the Committee on Rights and Priveliges, returned the bill, [S. 15] for repeal of the fish law, recommending its passage.
The report was concurred in.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, viz:
By Mr. DENBO [S. 121] to amend section one hundred and seventy-two of the act for the assessments and collection of taxes, approved June 21, 1852.
By Mr. FOSDICK [S. 122] supplemental to the act of March 11, 1867, authorizing incorporated cities to sell bonds to complete school houses.
By Mr. BEARDSLEY [S. 123] to amend section 17 of the act of June 11, 1852, to provide for the organization of County Boards.
page: 189[View Page 189]By Mr. ELLIOT, [S. 124] to amend section one of the act of March 14, 1867, for the incorporation of cities.
By Mr. ANDREWS, [S. 125] to amend section one, of the gravel road law of May 12, 1852, approved March 11, 1867.
By Mr. FOSDICK, [S. 126] to repeal the act of December 20, 1865, amending section thirty-five, of the common school law.
By Mr. STEIN, [S. 127] to provide for the release upon property taken on execution.
By Mr. GRAY, [S. 128] to exempt pensioners of the United States from performing labor on the highways.
By Mr. HENDERSON [S. 129] to amend sections two and four of the act of March 9, 1857, for the incorporation of cities.
By Mr. FOSDICK [S. 130] to revise section pix of the Plank, Macadamized, and Gravel Road act of 1852.
By Mr. WOLCOTT, [S. 131] to legalize the proceedings of the March term, 1868, of the White Common Pleas Court.
By Mr. WOLCOTT [S. 132] to protect and elevate the Medical profession.
A MESSAGE FROM THE HOUSE.
A message from the House announced its concurrence in the resolutions concerning the national finances and the erection of a gubernatorial mansion.
The LIEUTENANT GOVERNOR announced the Senate committee on this last resolution to consist of Messrs. Cravens, Reynolds and Morgan.
On motion by Mr. GREEN, his bill [S. 25] to tax costs in cases where surety on bond shall apply to be relieved, was taken from the table and referred to the Committee on Organization of Courts.
BILLS ON THE SECOND READING.
Mr. GRAY'S bill [S. 17] regulating the sale of patent rights, coming up in the orders of the day.
It was read the second time, and passed to the third reading.
Mr. HESS' bill [S. 75] to protect the citizens of Indiana from quackery, and to protect the medical profession, was read the second time, and referred to the Select Committee of Physician Senators.
Mr. WOLCOTT'S bill [S. 88] amending section three hundred and nineteen of the general practice act, coming up--
On his motion it was laid on the table.
JURYMEN FROM OTHER COUNTIES.
Mr. CAVEN'S bill [S. 24] amending section seventy-eight of the practice act, was read the third time.
Mr. JOHNSTON of Mongomery, moved to refer it to a committee of three, with instructions to amend by a provision for the pay of the jury men.
Mr. CAVEN explained that the bill was intended to cover cases pending in this county--the Cold Spring murder cases--and provides that juries may be summoned from another county in certain cases. In the cases referred to, there may be over two hundred witnesses, and it may take three weeks to try the cases. If a change of venue is taken, it may bankrupt the defendants, and will be a great additional cost to the county. It would be less trouble to bring a dozen jurymen from an adjoining county than to carry there several hundred witnesses.
Mr. HANNA objected to placing any such a law on the statue book. He did not believe in bringing jurymen from other counties to be operated upon by public sentiment here. They would be more susceptible to outside influence than men residing here, and this influence can not be kept from them. They may be locked up in a jury box, but they will see a thousand things in the court-room that will influence them. It is no harder for witnesses to go from Marion county than from other places and there was no use in those two hundred persons sticking their noses into other people's business, and thereby becoming witnesses. It is impossible to have a fair trial where the public opinion is boiling and seething in one direction. Men from abroad would be more easily operated upon by it than if they were residents of the county. He gave his long experience in the courts of the country against all bills of this character.
Mr. JOHNSTON of Montgomery did not object to the bill itself but thought the juryman in such cases should be paid something extra, for their time. If they are charged for their board here, as we are, their fees would not pay it. It was unjust to take them away from their farms or their business to another county without compensating them for it. He spoke in favor of his motion, which was agreed to, and--
The LIEUTENANT GOVERNOR makes the committee to consist of Messrs. Johnston of Montgomery, Caven and Elliot.
BILLS ON THE FINAL READING.
Mr. Caven's bill [S. 25] concerning witnesses and the examination of witnesses in criminal actions, coming up in order, it was read the third time.
Mr. CAVEN explained that the bill contained an exact transcript of the rules of practice in civil cases--affecting the credibility of witnesses.
The bill failed to pass for want of a Constitutional majority--yeas 23, nays 18.
Mr. Turner's bill [S. 29] amending section seventy of the justices act--concerning cost following judgment--was read the third time.
page: 190[View Page 190]Mr. GREEN thought the bill was wrong and hoped it would not pass. Its provisions had been pretty thoroughly explained yesterday. They would amount almost to a prohibition so far as appeals from Justices to higher Courts was concerned, and he was strongly opposed to the bill.
It failed to pass by yeas 4, nays 36.
Mr. HUGHES moved a reconsideration of the vote just taken because the author of the bill, who feels an interest in its success, is absent. He voted "no" for the purpose of making this move.
The motion was agreed to.
VIGO COUNTY CRIMINAL COURT.
Mr. Scott's bill [S. 55] creating the Twenty-third Judicial Circuit and Criminal Court in Vigo county, was read the third time.
Mr. CARSON would like to know the necessity for this Criminal Court. There are four in the State already, and unless there was a necessity for another he should oppose the bill.
Mr. SCOTT contended that the city of Terre Haute contains in round numbers about thirty thousand inhabitants, and the courts are continually crowded. The last Circuit Court had some five hundred cases on the docket, and the other courts are overwhelmed with work. If there is a necessity at any point of the State it is certaily there. There are now sixteen men in the jail in Terre Haute. He hoped the bill would pass.
Mr. HANNA was opposed to multiplying courts by creating another in Terre Haute and gave reasons. It is the duty of legislators to oppose the creating of courts, unless absolutely required to meet the ends of justice. This was increasing courts very fast. There are now two Judges who reside at Terre Haute, and the Circuit comprised but four counties. The truth was that a multiplicity of courts produced litigation, and should be discouraged.
Mr. SCOTT replied, urging the passage of his bill;wished to know whether it was proposed to abolish all legislation of this nature. It was true that there were two Judges residing at Terre Haute but much of their time was occupied elsewhere. It is quite impossible for them to clear the docket, which is becoming very heavy.
Mr. BELLAMY wished to know if the people of Terre Haute were willing to pay the additional expense.
Mr. SCOTT supposed the expense would bo paid as in other counties.
Mr. GRAY inquired if they had the requisite voting population of seven thousand. If the Governor would so certify he should be willing to vote for the bill.
Mr. SCOTT responded that they had, or within a few votes of it less than a hundred.
Mr. ROBINSON, of Madison, said that he remembered that Tippecanoe county had some difficulty in getting a similar bill through at the last session, but it was passed, although they were a little short of the requisite population.
Mr. STEIN responded that the Senator was mistaken, as they had more than required. Nothing could now induce them to abandon it, as it had proven to be just the thing they needed. He was under the impression thai such cities as Madison, New Albany, Evans-ville and Terre Haute should have such courts. Remarks have been made referring to them as burdens upon the people. The toleration of crime was a much greater burden than the sustaining of these courts, and the people of remote counties were benefitted by the suppression of crime in cities.
The LIEUTENANT GOVERNOR announced that the hour for the meeting of the joint convention had arrived; that further business in the Senate would be suspended till after that meeting, and directed Senators to repair to the hall of the House.
Mr. SHERROD, by consent, in order to give the committees time to work, offered a resolution that when the Senate adjourns, it adjourn till two o'clock to-morrow afternoon.
The resolution was adopted.
And then--
The Senate adjourned--Senators proceeding in a body to the Hall of the House to hear an address from Hon. D. D. Pratt, United States Senator elect.
