THE BREVIER LEGISLATIVE REPORTS.
TENIH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, February 2, 1869.The Senate met at ten o'clock, a. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
The Secretary's journal of yesterday's proceedings was read.
Leaves of absence were asked and obtained for Senators Hadley, Rice, Taggart and Turner.
Mr. SHERROD demanded a call of the Senate.
The roll was called, and thirty members answered.
Four more Senators being necessary to make a quorum--
On motion of Mr. HUGHES, the doors were closed and the absentees were sent for.
Mr. SHERROD asked leave of absence for the Senator from Monroe [Mr. Hughes] till the first of March.
Mr. GREEN objected. He would like to excuse the Senator till after the resolutions introduced by Mr. Sherrod, and pending at the adjournment of yesterday, are disposed of.
Mr. Hooper was announced by the Doorkeeper, and having rendered his excuse for tardiness, was excused by the Senate.
About one hour was occupied in a humorous way, while waiting for the absentees, when--
Mr. Lasselle was announced by the Doorkeeper.
Pending the call of the Senate, after two or three ineffectual motions to adjourn--
The Senate look a recess till two o'clock, p.m
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR called the Senate to order at two o'clock p. m.
RULING OF THE CHAIR.
The LIEUTENANT GOVERNOR announced that the special order for this hour was the bill [S. 55] providing for a Criminal Court for Vigo county.
Mr. SCOTT asked whether any business could be transacted until the call of the Senate, which was in progress when the Senate adjourned should be disposed of.
The LIEUTENANT GOVERNOR stated that, in his opinion, the adjournment of the Senate terminated all proceedings under the call, unless provision had been made for its continuance before adjournment.
Mr. SCOTT, as there is no quorum here, move to make the bill the special order for to-morrow morning at ten o'clock. The motion was agreed to.
Mr. CRAVENS rose to a question of order and was unable to see how the call of the Senate could be thus disposed of.
The LIEUTENANT GOVERNOR reitterated his position upon the question that an adjournment pending a call terminated all proceedings under the call, unless the Senate otherwise ordered.
Mr. STEIN would be glad to believe that this position was the correct one, under the circumstances, but read from the rules of the Senate, numbers thirty-three and thirty-four to show that the call which was pending when the Senate adjourned would be the question pending when they assembled again.
The LIEUTENANT GOVERNOR read from Barclay's Digest to show that his decision was in accordance with parliamentary rulings.
Mr. STEIN admitted that there was no question that he was sustained by parliamentary usage, but believed that the rules of the Senate directed otherwise, and had been adopted with a view to meeting such a case.
page: 229[View Page 229]Mr. CRAVENS thought the Lieutenant Governor was right on one point, but not on the other. If the body had been a Senate, at the time of adjournment, and any matter had been up for discussion or action, his ruling would be correct, the adjournment would dispose of it for that time; but as there was no Senate, not even to adjourn, and as the journal will show that the last thing pending was a call of the Senate in order to secure a quorum, as a matter of course the record shows that there is no quorum. And the first vote now taken, if an aye and nay vote would show the fact that there is no quorum here.
The LIEUTENANT GOVERNOR responded that the presumption always is that there is a quorum present, unless the opposite is shown, and if they allow an adjournment to be carried whithout providing for its continuance upon re-assembling it terminates then. This would be especially true where the adjournment is of a mere body of men not composing a Senate, and upon meeting again at the regular hour, the presumption was that there was a quorum present. The opinion of the chair is that all proceedings under the call are dispensed with by an adjournment of the Senate.
After a discussion of points of order growing out of the fact that there was no quorum present, and that the Senate took the recess for dinner pending a call of the House--
PETITIONS AND MEMORIALS,
Mr. GREEN presented a petition praying for repeal of all gravel, Macadamized and plank road acts passed since 1852.
It was referred to the Committee on Corporations.
Also a petition from eight hundred citizens of Hamilton county in relation to fees and salaries; praying for a law giving fixed salaries to county officers.
It was referred to the Special Committee on Fees and Salaries.
Mr. WOLCOTT presented a letter from Hon. Charles H. Mason, remonstrating against the repeal of the law passed in 1867, prohibiting the employment of young persons in factories, more than ten hours a day.
It was referred to the Committee on Manufactories.
A message from the Governor, transmitted the report of the State Debt Sinking Fund Commissioners; which was referred to the Committee on Finance.
REPORTS FROM COMMITTEES.
Mr. JOHNSTON of Montgomery, from the Committee on Roads, returned the bill [S. 128] exempting United States pensioners from highway labor, recommending that it lie on the table.
Mr. ROBINSON of Decatur, from the same committee, returned the bill [S. 111] to amend section sixteen of the supervisor's of highway's act, recommending that it lie on the table.
Also returning the bill [S. 140] amending section fifteen of an act to amend section fifteen of the vacating and change of highway act, recommending that it lie on the table.
Mr. ROBINSON declared the provisions of the bill to be that, where a road had been petitioned for and decided against, the matter could not be reconsidered for the space of three years.
These reports were severally concurred in.
RESOLUTIONS.
Mr. HUGHES offered the following concurrent resolution, which was adopted:
RESOLVED by the Senate, the House of Representatives concurring, that the Auditor of State be required in all future annual reports to make an exhibit, under appropriate headings, of the Federal taxes paid by the people of the State of Indiana, and that for the necessary expenses of procuring and compiling such information, he shall be paid a reasonable compensation.
Mr. LASSELLE offered a concurrent resolution, that the Librarian furnish to each employe of the General Assembly, who has served in the army or navy for the suppression of the late rebellion, one copy of each volume of the Adjutant General's Reports.
The resolution was adopted.
OUTRAGES BY REGULATORS OR VIGILANCE COMMITTEES.
Mr. CARSON offered the following joint resolution [S. 8.]
WHEREAS, The reputation of our beloved State has been seriously injured, since the last session of the General Assembly, in repeated instances, by the execution of prisoners accused of crime by mob violence; and,
WHEREAS, Within that time more than a dozen of persons have thus suffered death at the hands of organized bands of men, not acting under the impulse of momentary psssion occasioned by some outrage just discovered, but proceeding with a deliberate determination, that evinced a purpose to permit no law, human or divine, to stand in the way of the accomplishment of their object; and,
WHEREAS, These bold perpetrators of those henious crimes have thus far escaped detection and punishment; and,
WHEREAS, In the language of our constitution it is especially made the duty of the Governor that "he shall take care that the laws be faithfully executed." Now therefore--
BE IT RESOLVED by the General Assembly of the State of Indiana, That for the purpose of detecting and bringing to punishment the perpetrators of those diabolical crimes and offenses, and also for the purpose of detecting and bringing to merited punishment, all such as may hereafter be guilty of like grave offenses, there be set apart, out of any moneys not otherwise appropriated in the State Treasury, the sum of ten thousand dollars, to be expended by the Governor, at his discretion, or so much thereof as he may deem necessary for the purpose contemplated by this preamble and resolution, which sum shall be drawn by the Governor at such times as he shall require the same. Provided, That no greater sum shall be drawn at any time than shall be by him necessarily expended;
page: 230[View Page 230]and Provided further, that he shall report to the next General Assembly the several sums so by him drawn, for what purpose and to whom paid.
Mr. CARSON remarked that this resolution should probably more properly come from the other side of the House, but it is a matter of very great importance in view of such outrages as have been perpetrated in the southern part of the State within a few months past, and some means should be placed in the hands of the Executive to ferret out the perpetrators and bring them to justice. Without an appropriation to carry out the objects of this resolution the Executive can not employ the necessary means to accomplish the end desired. As it is a matter of so much importance I ask that the joint resolution be referred to the Committee on Finance.
It was so referred without objection.
UNITED STATES DISTRICT COURT.
Mr. MORGAN introduced a joint resolution requesting our Representatives and instructing our Senators in Congress to use their influence for the passage of an act creating a second district for a court, of the United States for the Southern district of Indiana to be located at Evansville.
Mr. CHURCH moved to amend by striking out "Evansville" and inserting "South Bend" in lieu.
On motion by Mr. FISHER the further consideration of the joint resolution was postponed till eleven o'clock to-morrow as it was evident it could not be acted on to-day.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, viz:
By Mr. JOHNSTON, of Montgomery, [S. 115] fixing the time wherein personal property shall be listed--to begin the first of March.
By Mr. STEINt [S. 156] accepting the donations proposed by Tippecanoe county, and providing for the location of the Agricultural College at Tippecanoe Battle Ground.
By Mr. HUGHES, [S. 157] to provide for the free transportation of members of the Legislature to and from the Capitol, and to prevent their acceptance of free railroad passes.
By Mr. HOOPER, [S. 158] to provide for the public printing and for the election of a public printer.
By Mr. LASSALLE, [S. 159] to revise and codify the laws of the State--providing for the work to be done by three Commissioners.
By Mr. HENDERSON, [S. 160] fixing the salaries of county officers.
By Mr. STETNf [S. 161] to provide for'the organization of Savings Banks. Two hundred copies were ordered to be printed and the bill made the special order for Monday, next at half-past two o'clock, p. m., in Committee of the Whole.
By Mr. LASSELLE, [S.162] to provide for the service of process on railroad companies.
By Mr. JOHNSTON of Montgomery, [S. 163] to amend sections thirteen, one hundred and thirty-eight and one hundred and sixty of the common school law.
STATE RIGHTS.
Mr. SHERROD moved that the Senate proceed to the consideration of the resolution pending at the adjournment yesterday evening He had no desire to discuss them, but would be happy to hear from Senators who differed with him on that subject (State rights.) He desired action upon them at once, because the question is now before the Congress of the United States, and if action is postponed for a day or two it will be unnecessary.
The motion was rejected upon a division affirmative 13, negative 16.
Mr. SHERROD said he had allowed the matter to pass by until this time, because there was no quorum present, but he had thought that Senators would show him courtesy enough to take it up when he desired it. He had also hoped to see Senators who were opposed to it come up to the defense of the position they occupied. If they are opposed to these resolutions let them come up and face the music.
Mr. CHURCH said he felt disposed to come up, and intended doing so, but proposed to choose his own time for coming up. He should consult his own inclination as to the time he should "come up" to things.
Mr. SHERROD stated that, as he had remarked on yesterday, his only object was to press the matter through so that it might have some effect. In a day or two longer, it was probable, the necessity for action in this way might be past.
Mr. GRAY declared his readiness to take the resolution up when a quorum should be present.
Mr. HUGHES demanded a call of the Senate.
The Secretary proceeded with the roll call, and thirty two Senators answered to their names.
It now being discovered in an official way that no quorum was present--
The Senate adjourned till nine o'clock tomorrow morning, under the rules.
