AFTERNOON SESSION.
The LIEUTENANT GOVERNER called the Senate to order at two o'clock.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, except otherwise stated.
By Mr. HOOPER, [S. 175] defining who shall be competent witnesses in any court or judicial proceedings.
By Mr. HUMPHREYS, [S. 176] to amend section ten of the act of March 2, 1855, regulating the fees of officers.
By Mr. REYNOLDS, [S. 177] to prohibit the Clerks of Circuit and other courts from taking and certifying the declaration of intention of any alien to become a citizen of the United States, except as therein prescribed.
By Mr. ROBINSON of Madison, [S. 178] to declare what counties shall compose the first judicial circuit and to create the circuits.
By Mr. LEE [S. 179] to amend section one of the act of June 18, 1852, fixing the time for holding Circuit Courts.
On motion by Mr. HUGHES, the constitutional provision was dispensed with by yeas 34, nays 0.
Mr. TAGGART and Mr. LEE spoke in favor of its passage.
On the further motion of Mr. LEE, the bill was read the third time and passed the Senate by yeas 37, nays 0.
Subsequently, at the request of Mr. CRA- page: 269[View Page 269] VENS, this vote was reconsidered, the bill amended as to the terms of one of the courts, and then again passed by yeas 43, nays 0.
By Mr. CARSON [S. 180] to authorize Judges of Courts of Common Pleas to appoint Judges to hold adjourned terms, and providing compensation for the same.
On motion by Mr. CARSON, the constitutional restriction was dispensed with--yeas 39, nays 2--and the bill was read again.
Mr. HANNA entered his solemn protest against the creating of deputy judges, as proposed by this bill--their temporary appointment by the Judge of the Court.
Messrs. CARSON and BRADLEY favored its passage.
Under the operations of the previous question the bill failed to pass for want of a constitutional majority, yeas 25, nays 14.
By Mr. ROBINSON of Madison, [S. 181] to amend section three hundred and forty-three of the practice act.
By Mr. REYNOLDS [S. 182] to provide for the establishment of a reformatory for girls and women.
Mr. REYNOLDS moved that it be laid on the table and two hundred copies printed.
The motion was agreed to.
By Mr. LASSELLE [S. 183] to prohibit associations not authorized by law.
VIGO CRIMINAL COURT.
The LIEUTENANT GOVERNOR announced the special orderbeing Mr. Scott's bill [S. 55] creating a Criminal Court in Vigo County.
Mr. SCOTT stated the average number of causes for each term of the courts in his county, which he regarded as a sufficient reason why this bill should be passed. Men are now confined in that jail, who have been awaiting trial for over one year, it seeming almost impossible to reach their cases. The criminal cases for the year amounted to five hundred and twenty-two. He desired simply to show the necessity for this court, and would not detain the Senate any further remarks.
Mr. HANNA said that the trouble over there was explained by Horace Greeley, who said the Wabash country drank more whisky than all the North besides. The cases were for infringment of the liquor law, no doubt.
Mr. SCOTT explained this by their being so close to Sullivan county.
Mr. HANNA said if the bill was really a necessity for Vigo county he did not want to oppose it; but really he could not see the necessity. He moved to recommit the bill to the committee with instructions to amend by providing that the salaries of the Judge and Prosecuting Attorney shall be paid out of the treasury of Vigo county.
Mr. CARSON opposed the motion, because we have already four Criminal Courts in the State, whose Judges and Prosecuting Attorneys are paid as other courts, and all should be placed on the same footing.
Mr. HUGHES wanted to favor the bill, and moved to amend the instructions by directing the committee to report a bill reducing the requisite number of population for counties in which Criminal Courts may be established.
Mr. CRAVENS desired to add another section to the bill authorizing Criminal Courts in Vanderburg, Floyd and Jefferson counties.
Mr. BEADLEY resisted the motion to refer.
Mr. SCOTT obtained unanimous cousent to strike from the bill the word "prosecutor" whenever it occurs.
Mr. HANNA then withdrew his motion to refer.
Mr. HUGHES expressed himself as friendly to the bill, but he wanted it on a sure foundation and unless, the law requiring seven thousand voters, was amended, as they lacked a few, he did not see how it could stand. He could not vote for this bill in its present form, as he regarded it unconstitutional. He renewed his motion to refer with instructions.
Mr. CRAVENS moved to amend the instructions by directing the committee to report a bill reducing the requsite population from seven thousand to four thousand five hundred.
Mr. SCOTT did not want any question about this matter--the constitutionality of the bill and was willing to the reference.--The motion to refer was agreed to.
EX-CONVICTS--PERSONAL EXPLANATION.
Mr. HENDERSON by leave presented a remonstrance from citizens of Monroe county, against the allowance of a claim before the Senate in favor of James Morris, Isaac Read, George W. Deuson and James Sanders, for time served under sentence, as they allege illegally, in the Penitentiary for two years.
Whereupon--
Mr. HUGHES said: Mr. President: That remonstrance is signed by a large number of the most respectable citizens of Monroe county. Some misapprehension in connection with the original claim makes it proper that I should say a word by way of explanation. The petitioners, through their agent placed their claim in my hands to present to the Senate, and I presented it, and that is all I know of the matter. I would present any man's claim to this body that is crouched in respectful language. And it would have afforded me pleasure to have received this remonstrance and presented that, too, to this Senate. An impression seems to have been created that in the presentation of the claim, I in some manner committed myself on the merits of the case, and my object now is simply to ex- page: 270[View Page 270] plain away any impression of that sort. This petition and remonstrance illustrate the effects of hasty legislation in our courts. Here are some three or four men who served two years in the penitentiary wrongfully it is alleged. The Supreme court has decided the question that they have a just claim against the Warden of the prison for services in such cases, without regard to the heinousness of the crime.
The remonstrance was referred to the Committee on Claims.
STATE RIGHTS--PERSONAL EXPLANATION.
Mr. STEIN. Mr. President: While in the line of personal explanations, I beg leave to say that I find printed in the daily Sentinel of this morning the following explanation of my vote on the concurrent resolution of the Senator from Orange [Mr. Sherrod.] It will be remembered that the Senator presented a series of resolutions on Friday last which were intended to place a sort of breakwater in legislation against the further progress of the suffrage amendment which passed the House of Representatives in Washington several days since. I voted "aye" on a motion to lay those resolutions upon the table, and I am reported to have explained myself as follows:
Mr. STEIN, when his name was called, said: his only objection to the proposed suffrage amendment is that it is not half broad enough.
So far I am correctly reported; but the Reporter goes on to say--
He was in favor of universal suffrage unlimited by sex, race or color.
This is making it a little broader than it should be; and as this record may be quoted on me I desire to correct the error of the Reporter. The way in which I expressed myself was something to this effect: the only dissatisfaction I felt with the Federal amendment was that it was not broad enough, but as far as it went it was a movement in the right direction. That amendment simply restricts the States from interfering with the question of suffrage on account of race or color: and I stated that I was in favor of universal suffrage restricted only by sex or crime. I am against granting the right of suffrage to those who by a violation of the laws of the land have rendered themselves unworthy to exercise that right.
Mr. HUGHES (interposing.) How did you vote here the other day upon the proposition to give that right to women? [Laughter.]
Mr. STEIN. I am not talking upon that question at present. [Renewed laughter.] As far as the tender sex is concerned I believe I feel as tender towards them as the Senator from Monroe. I am disposed to create a supply equal to the demand, but for the present I do not understand that there is a pressure upon the law makers of the land in the line of woman suffrage. When the fair sex see fit to make a movement in that direction I shall go as far as any one in bestowing suffrage upon them. But for the present I hold my opinion with regard to female suffrage in abeyence. I arose simply for the purpose of correcting the record as to the point that I am in favor of universal suffrage limited only by crime and sex.
BILLS ORDERED ENGROSSED.
Mr. Bradley's bill [S. 90] to amend the thirty-fourth sub-division of section fifty-three of the city incorporation act, coming up in regular order, it was read the second time and ordered engrossed for the third reading.
TEXAS CATTLE FEVER.
The special committee's bill [S. 144] to prevent the introduction and spread in this State of the Texas or Spanish cattle fever, and declaring the bringing of Texas or Cherokee cattle into this State, or the purchasing of the same at certain seasons of the year, a misdemeanor, and prescribing the penalty therefor, was read the second time and ordered engrossed.
On motion by Mr. HOUGHTON the constitutional restriction was dispensed with by yeas 43, nays 0, the bill again read and passed by yeas 43, nays 0.
The special committee's bill [S. 145] to prevent the introduction and spread of a cattle disease commonly known as Texas or Spanish Fever, by the importation and introduction of cattle into the State of Indiana, infected with, or liable to impart to other cattle that disease, and providing for the recovery of damages caused by the introduction of such diseased cattle, from the owners of said cattle coming up--
On motion by Mr. WOLCOTT the constitutional requirement was dispensed with--yeas 41, nays 0--the bill was read through, and--
On motion by Mr. KINLEY, by consent of the Senate, an emergency clause was added.
The bill then passed the Senate by yeas 41, nays 0.
THE SOLDIERS' HOME.
Mr. HUGHES, by consent, offered a joint resolution [S. 11] as follows:
A Joint Resolution providing for the close of the Soldiers' Home at Knightstown, Indiana, and authorizing the sale thereof by the Governor.
RESOLVED, By the General Assembly of the Senate of Indiana, That the Soldiers' Home at Knighttown be abolished and discontinued as soon as the Governor of the State--who is hereby authorized and empowered to act in the matter--can cause the inmates of the institution to be transferred to the Asylum provided for disabled soldiers and seamen by the General Government, and close up the establishment.
RESOLVED, That the Board of Trustees of the said institution, and the other officers thereof, be and they are hereby directed and required to close up
page: 271[View Page 271]said institution under the direction of the Governor and to turn over to him all buildings, grounds, furniture and other public property of any description, pertaining to the said Soldiers' Home.
RESOLVED, That the site of said Soldiers' Home and all the grounds, buildings and other property pertaining thereto, be and the same are hereby directed to be sold and converted into money, by the Governor, and the proceeds thereof turned into the Treasury of the State, and that such sale shall be upon such reasonable terms, as to the time and payments, as the Governor shall deem for the best interest of the State; his proceedings to be referred to the Legislature.
Mr. HUGHES said: Mr President: The Soldiers Home at Knightstown was originally started by private enterprise, at a time when such a thing was very appropriate as a measure of temporary relief, but at the last session of the Legislature it was assumed by the State, and it now has the position of a permanent institution of the State. And this is the point to arrest that proceeding if it ever is to be done. There is no one but will fully approve of making provision for disabled, soldiers and seamen, and if it were necessary for Indiana to make this a permanent benevolent institution, I would not have one word to say against it. At the time it was only asked for as a temporary relief. Now the Federal Government have provided amply and liberally, homes for all disabled soldiers and seamen, such as it is not in the power of the State to give. The National Government has appropriated nine millions of dollars--probably as much as thirteen millions; at any rate it is the fixed policy of the Government to provide for all disabled soldiers and seamen in the most simple manner. That being the case it seems to me we ought to take some steps to avoid fastening this Knightstown institution upon the State Treasury as a permanent institution,when such institutions are amply provided by the General Government.
I want to call the attention of Senators to this thing. In two years it has cost the State over sixty-one thousand dollars, a debt of fifteen thousand dollars has been incurred, fifteen thousand dollars more is asked for, and other appropriations are wanted to make additional improvements. If it were necessary for the comfort of our disabled soldiers and sailors, I would not raise a word of objection; but as it is, I do solemnly protest against the benevolent feeling of the people of the State being taken advantage of in these trying times in this way to fasten a drain upon the State for this purpose. It is just as unnecessary to have a Soldiers' Home here at this time as to indulge in almost any other luxury that could be spoken of. In order that Senators might investigate for themselves, and trace the history of this institution from its foundation, I refer them to the BREVIER LEGISLATIVE REPORTS of 1867; volume IX, page 24, where will be found what Governor Morton says on this subject in his message to the Legislature. There is about one column and a half upon this subject which I will not consume the time of the Senate in reading, but this is the first official notice of that question laid before the Legislature, and the Senate will perceive that about twenty-five thousand dollars had been raised by private contribution. I will read this paragraph:
At the second of these meetings held on the 24th day of May, 1865, a temporary organization was affected, the basis of which will be seen by reference to a copy of the proceedings of said meeting herewith respectfully submitted. The temporary Home was opened in the city hospital building of Indianapolis, on the 27th day of August, 1865, and up to the 30th day of November, 1866, the number of men admitted was two hundred and thirty-four. Of this number one hundred and twenty-four have been discharged, fourteen have died, and seventy-six remain in the Home. Early last spring the Board of Directors purchased the property know as the "Knightstown Springs," in Rush county, at a cost of eight thousand five hundred dollars, to which place the Home was removed on the 26th day of April. The total expense for maintaining the Home from the time it was opened until the 30th of November last, not including the cost of purchase, is seventeen thousand sixty dollars, eighty-four cents. This includes the salaries of officers. If we add to the above sum the cost of purchase, it will make the sum of twenty-five thousand five hundred and sixty dollars, eighty-four cents, all of which has been raised by private contribution.
That was the benevolent feeling of the people of the State at that time. The Governor suggests that the State take the matter in hands, and says:
The National Government has made arrangements for the establishment and mamtenance of Soldiers' and Seamen's Homes in several of the States, and it is quite possible that these institutions when established will have capacity to receive and accommodate all, including disabled soldiers and seamen of Indiana.
When this comes to pass it will not be necessary to continue our Home, as such, longer, and the fine property where it is located can doubtless be, turned to some other humane purpose. But until that occurs it is, in my judgment the duty of the State to adopt the Home and make appropriations for its support.
This is a proposition that a temporary arrangement should be made till the general government was ready to make provision for this deserving class. If Senators will turn to page 117 of the samebook they will see , however that is not important, it only indicates the progress of the bill for the establishment of the Soldiers' Home. On page 161 is the message of Governor Baker on that subject which I will read:
To the Senate and House of Representatives:
I desire to call the attention of the General Assembly to the urgent wants of the Soldiers'Home at Knightstown.
The current expenses for the month of December and January amounting in the aggregate to about twenty-five hundred dollars are unpaid and unprovided for, and in consequence of the fact that the superintendent is unable to purchase supplies for the current month, because of the non-payment of former bills, I have felt constrained to draw upon the "Soldiers' Relief Fund" to the amount of fifteen hundred and fifty-seven, dollars and fifty-four
page: 272[View Page 272]cents to pay on that account, and I respectfully ask that my action herein may be sanctioned by the General Assembly, and that I may be authorized to draw upon said fund for the further sum of two thousand dollars, in such amounts as the same may from time to time be needed to defray the current expenses of the Home for the present month, and until provision shall be made by the General Assembly for its support.
The Board of Managers have discharged their soliciting agents in consequence of the difficulty of procuring voluntary contributions, it being generally believed by those who were disposed to contribute to the support of the Home that the Legislature would provide for them.
After deducting the one thousand five hundred and fifty-seven dollars, fifty-four cents for which I have drawn as aforesaid, there remains a balance in the State Treasury of twenty-five thousand five hundred and seventy dollars, twenty-three cents, of the five per cent. of the taxes levied and collected for the year 1865, which was paid into the Treasury under the fourth section of the act of December 20th, 1865, to be applied, under the direction of the Governor, to the relief of sick, destitute, wounded or disabled Indiana soldiers.
CONRAD BAKER, Lieut. Gov. of Indiana, acting as Gov. EXECUTIVE DEPARTMENT, INDIANAPOLIS, Feb. 5. 1867.
I believe there was a fund of twenty-five thousand dollars raised by taxation, called the Soldiers' relief fund. Then the people had been taxed up to that time twenty-five thousand dollars. It was only supposed that a little temporary assistance was necessary. The Legislature during the last session appropriated twenty-five thousand dollars for the purpose of making a purchase of land, tools, &c. It is said in some of these official communications that at the end of two years it was not expected the State would be taxed further upon this subject, but it may be seen by reference to the report from the Trustees of this institution, made at the end of two years, that it is proposed to put it at once on the same footing with the other benevolent institutions of the State. In this report we find a statement of the amounts received, and the sums actually expended. Sixty-one thousand seven hundred and ninety-five dollars and some odd cents were expended within two years. The report goes on to say there has been created a debt of about fifteen thousand dollars, and on page four of the report they ask for an appropriation of fifteen thousand dollars. The Trustees say: "We desire to call attention to some defects in the law establishing the Home," and thereupon they recommend an increase in the expenses of each inmate per week, and ask that provision be made for the payment of the salaries of the officers. In the Auditor's estimate he asks for an appropriation of fifteen thousand dollars for current expenses and fifteen thousand dollars for paying the debt of the institution. There is thirty thousand dollars, and then by the increase of the weekly allowance to each inmate this institution is to be put at once on the same footing with other benevolent institutions here. The establishment is a good thing, but it is just as unnecessary to have a soldiers' home at this time to indulge in almost any other luxury that could be spoken of. The people are oppressed with taxation; we are multiplying the courts and we should find some way to put money in the treasury, while we are taking so much out. In the acts of 1867, page 190 is the act establishing this home. The number of children in this institution at this time is eighty-six according to the report of the trustees, and according to the Governor's report the number of disabled soldiers and seamen is one hundred and forty-eight. Now, sir, unless this institution is to become a permanent one there is some sixty-one thousand dollars in cash invested there, almost entirely raised by taxation, and it could be distributed to much better advantage by county boards or benevolent societies composed of worthy individuals, instead of spending fifty-five thousand dollars of the whole amount in homes and lands--building up splendid residences and purchasing lands. This is the time to decide whether it is the purpose of the Legislature to maintain this institution as a permanent establishment; if so let us go on and conduct it in a manner that will be a credit to our people. If it is not to be the policy of the State the time to arrest it is now; and I venture to say that this establishment which cost sixty-one thousand dollars, when turned over for sale will never realize thirty-five thousand dollars. The money will never come back. If this resolution, or something in the same shape should become a law, the Governor can transport the inmates to better quarters than the State can or ever will provide for them. We have benevolent institutions that command and hold the support of the whole people of the State, and so would this one have and hold that support if it were a necessary institution. But here is the place in which it seems to me we should commence a reformation. This Legislature must begin a system of economising somewhere; and here is one item, it seems to me, will be a good place to begin with. I do not want to be accused with not being a friend to disabled soldiers and seamen, or any cause of benevolence, but I do not propose to be deterred from what seems to be a plain duty by considerations of this sort. It is high time for us to stop this sort of needless expenditure of the public funds. I therefore have introduced this resolution. I think that the Committee on Military Affairs is the appropriate one to consider it. I move its reference to that Committee. I should not have made any remarks on the subject now, were it not that I do not expect to be here when the subject shall be before the Senate again.
It was so referred without objection.
On motion of Mr. KINLEY Mr. Hess was added to the Committee on Temperance.
page: 271[View Page 271]On motion of Mr. GIFFORD Mr. Morgan was added to the select committee of physicians.
Mr. CARSON obtained leave of absence until Monday next, and Mr. ROBINSON, of Madison, for to-morrow.
The bill [H. R. 7] to authorize foreign guardians to sue for or receipt for any property of their wards in this State, coming up in regular, it was read the second time, and passed to the third reading.
WIDOWS' DOWER.
The bill [H. R. 10] an act to amend section forty-three of an act entitled "an act providing for the settlement of decedent's estates, prescribing the rights, liabilities and duties of officers connected with the management thereof, and the heirs thereto, and certain forms to be used in such settlement, approved July 17, 1852, approved February 19, 1869, was read the third time.
[It allows the widow to select "not exceeding in value five hundred dollars," for which, &c.: "provided, that in all cases where the widow shall fail or refuse to select or take all or any part of the articles in this section provided, she shall be entitled to receive the amount in cash out of the first moneys received by said executor or administrator."]
Mr. HUGHES had received so many remonstrances from business men against this bill,that he should oppose its passage.
Mr. GREEN was in favor of the bill.
The bill finally passed by yeas 27, nays 12, as follows:
Yeas--Messrs. Armstrong, Beardsley, Bradley, Carson, Caven, Church, Cravens, Elliott, Fisher, Gifford, Green, Hadley, Hamilton, Hanna, Hess, Hooper, Humphreys, Johnson of Montgomery, Kinley, Morgan, Reynolds, Robinson of Madison, Scott, Smith, Stine, Wolcott and Wood--27.
Nays--Messrs. Bird, Denbo, Henderson, Houghton, Huey, Huffman, Hughes, Jaquess, Johnson of Spencer, Lee, Robinson of Decatur and Turner--12.
So the bill passed.
SENATE BILLS ON THE THIRD READING.
Mr. Beardsley's bill, [S. 73] to amend an act amending section three hundred and fifty-two of the general practice act, approved June 18,1852, concerning granting of new trials, approved March 9, 1861, was read the third time.
Mr. GREEN explained that the bill simply strikes out the number of the limitations of the trials.
The bill finally passed the Senate by yeas 32, nays 7.
Mr. Reynolds' bill [S. 5] to amend section one of the act declaring abandoned certain unfinished railroads, etc., of March 11,1867, and failure of any company to have formed preliminary, etc., approved May 4, 1862, shall not invalidate said organization, if otherwise in conformity with law, was read the third time and finally passed the Senate by yeas 26, nays 11.
Mr. Caven's bill [S. 24] to amend section 78 of the general practice act--authorizing the summoning of witnesses from adjoining counties--was read the third time.
Mr. GREEN opposed the passage of the bill, alleging that it grew up under the excitement of the Clem case in this city. From a long practice at the bar he was satisfied the bill ought not to pass.
The bill was rejected by yeas 11, nays 28.
Mr. Bellamy's bill [S. 48] for the protection of banks of water courses by providing for the preservation of bushes growing on the banks thereof, was read the third time and passed by yeas 35, nays 4.
Mr. Caven's bill [S. 59] regulating changes of venue, attendance of witnesses in criminal cases, etc., was read the third time.
Mr. HUGHES opposed any such authority for a sheriff to take possession of the body of a man.
Mr. BRADLEY thought it would place power in the hands of the sheriff which might be abused.
Mr. STEIN regarded the bill as a good one and very necessary. The bill failed to pass for want of a constitutional majority--yeas 21, nays 17.
Mr. Bradley's bill [S. 77] to amend section fifty-three, of the act of June 11, 1852, for the incorporation of towns, was read the third time and finally passed the Senate by yeas 38, nays 0.
And then--
The Senate adjourned till ten o'clock a. m., to-morrow.
