THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, February 5, 1869.The Senate met at ten o'clock, a. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
Mr. GIFFORD made an ineffectual motion that the reading of the Secretary's journal of yesterday be dispensed with.
The reading of the journal was interrupted by--
Mr. WOLCOTT who made another ineffectural motion to dispense with its further reading.
Mr. CRAVENS moved for unanimous consent to amend the bill [S. 5] amending section one of an act declaring abandoned certain railroads unfinished, etc., which was passed last night, by striking out the word "two" and inserting the word "eight"excluding all roads which have been organized that number of years from the benefits of the proposed extension.
Objection being made--
On motion by Mr. HOOPER the vote passing the bill was reconsidered.
On motion by Mr. CRAVENS the bill was referred to the Committee on Corporations with instructions to report the amendment indicated.
Mr. HADLEY moved to take from the table and place on the files his bill [S. 111] amending section sixteen of the Supervisor's act.
Mr. JOHNSTON of Montgomery objected.
Mr. WOLCOTT moved to suspend the order of business and proceed to the consideration of bills on the third reading.
Mr. JOHNSTON of Montgomery, desired the regular order.
The motion was rejected.
PETITIONS, MEMORIALS, &C.
Mr. KINLEY presented two petitions praying for the repeal of all liquor laws and the enactment of a prohibitory statute.
They were referred to the Committee on Temperance.
Mr. GRAY presented a similar petition which took the same course without reading.
Mr. HOOPER presented a petition for a Woman's Reform Prison.
It was referred to the Committee on Prisons without reading.
REPORTS FROM COMMITTEES.
Mr. GRAY from the Committee on Finance recommended the printing of three hundred copies of the report of the Sinking Fund Commissioners.
Mr. SCOTT from the Judiciary Committee, reported favorably on the bill [S. 114] amending section nineteen of Fees of Officers act.Mr. STEIN, from the same committee, reported favorably on the bill [S. 135] amending section two of the Redemption of Property act.
Mr. ARMSTRONG from the Roads Committee reported that the bill [S. 34] concerning highways across railroads be laid on table.
Mr. BRADLEY resisted the recommendation--hoped the report would not be concurred in, and asked for the reading of the bill.
Mr. ARMSTRONG said the bill discriminated in favor of railroads, by giving them notice not required to be given to others interested.
Mr. GREEN thought this was right, as railroads are required to fix their track by laying down plank, and should be notified so that they could arrange for it.
page: 281[View Page 281]The report of the Committee was concurred in.
Mr. JOHNSTON of Montgomery, from the Agricultural Committee reported an amendment to the bill [S. 152] to amend section two of the Wild Game act.
Mr. HADLEY, from the Committee on Printing, reported an amendment to the public printing bill [S. 158.]
Mr. HOOPER moved an order, which was adopted, for the printing of two hundred copies of this bill, and that it be made the special order for Wednesday at two and a half o'clock, p. m.
Mr. LASSELLE from the same committee, returned the bill [S. 33] providing for certain reports to be made by officers, and for their publication, with a recommendation that it lie on the table, as it would cost too much money.
Mr. GIFFORD, from the committee on County and Township Business, recommended that the bill [S. 121,] amending section one hundred and seventy-two of the valuation and assessment laws, lie on the table.
Mr. JOHNSTON of Montgomery, from the same committee, returned the bill [S. 133] touching the removal of county seats, with amendments.
Mr. JAQUESS, from the same committee, recommended that the bill [S. 153] amending the Supervisor's act, lie on the table. Also, that the bill [S. 142] amending section five of the county surveyor's act be passed.
Mr. DENBO, from the same committee, recommended the passage of the bill [S. 165] to relieve sureties on official bonds.
Mr. CAVEN, from the Judiciary Committee, reported unfavorably on the bill [S. 69] amending section four hundred and fifty-five of the practice act.
Mr. KINLEY from the Temperance Committee, reported a recommendation that the bill [S. 36] prohibiting the retail of liquors be amended.
Mr. JAQUESS, from the Claims Committee, reported unfavorably on the claims of James Morris, Isaac Reid, G. W. Dennison and James C. Saunders, who claim four thousand and two hundred dollars for labor performed while serving out a part of their sentence in the southern Penitentiary.
Mr. BRADLEY returned the claim of Judge E. Powell, late of the Insane Hospital, with a similar report from the same committee.
Mr. GEEEN, Chairman of the Special Committee to investigate the alleged frauds against the public Printer, reported that owing to sickness and absence of some of the members they could not get to work immediately. They had examined the accounts and the evidence taken by the House committee, and report that they found everything correct.
Mr. GREEN stated that the printers' accounts agreed with the Auditor's report.
The Special Committe thereon reported in favor of allowing another assistant to the doorkeeper.
These reports were severally concurred in.
Mr. WOLCOTT referred to the rule making the member introducing the bill a member pro. tempore of the committee to which it is referred for the purpose of assisting in its consideration. Thus far, he had not been notified by any committee of an intention to consider any one of his bills, and desired that it should not be so in future.
Mr. FISHER apologized to Mr. Wolcott for having consented to a report upon a bill introduced by him, [S. 33] that morning, which had been considered in his absence. He moved to take it from the table and refer it again to the Committee on Printing.
Mr. WOLCOTT said that his remarks had been called out, perhaps by this report, but he had not been notified when any other of his bills would be considered, and he thought he should be hereafter.
Mr. GIFFORD stated that the rule with the Committee on County and Township Business was to consider a bill in committee, and if they decided to report favorably upon it to do so at once; but if they were inclined to report adversely, the author was notified and an opportunity given him to explain its provisions.
The LIEUTENANT GOVERNOR said this was undoubtedly the correct practice. If the report is to be favorable, of course there is no necessity for any other action.
The motion [Mr. Fisher's] was agreed to.
THE DAILY NEWSPAPERS.
Mr. RICE offered a resolution rescinding the contracts with the daily newspapers, and providing for but one copy of each for each member daily.
He explained that he had no disposition to make a movement against the newspapers, but he had letters from home, and had just returned from there himself, and the papers sent from here are always three or four days in reaching Rockville, while sometimes they do not reach there at all. There is negligence somewhere, and there is no necessity for sending papers that are never read, and they are not apt to be when four or five days old.
Mr. GIFFORD was opposed to the resolution, but was prepared to endorse much that the Senator had said about the delay in the transmission of the papers. There was evidently something wrong about the post office, but he would not punish the publishers of newspapers for the neglect. It would be bet- page: 282[View Page 282] ter to introduce a resolution to remove the postmaster.
Mr. WOOD, in behalf of the Doorkeeper, stated that the papers were taken from here to the office regularly twice a day.
Mr. HUGHES defended the city postmaster from any blame in the matter, but was glad the Senator from Parke [Mr. Rice] had brought the matter up, and it would probably have the desired effect. He knew there was a time when the mails failed to go through, but he trusted all would be right now, and that the demonstration made would be sufficient. He suggested that the resolution be withdrawn.
Mr. TURNER had been at home last week and not a single paper sent by him from here had reached its destination, although the exchanges had been received by the newspapers there. There was some trouble somewhere, but it was no fault of the publishers of the newspapers. He hoped it would have the effect to correct the error wherever it existed, and that the resolution would now be withdrawn.
Mr. KINLEY was in favor of the resolution upon principle. No good was accomplished by the sending of papers to constituents, as is the practice here, for the reason that one paper sent in the course of a session to a constituent was of no value to him, and if they were properly distributed, no man could get more than one, while the people that want them take their own papers. It is simply a donation to the papers, and he supposed there was no necessity for this.
Mr. SMITH hoped the resolution would not pass. It is true that the people in towns get the papers without their being sent from here, but it is not so with those who live in the country. His papers go through promptly.
Mr. LASSELLE called attention to the fact that the "very moral Journal" had a proposition in it to bet one thousand dollars that it had the largest circulation. He supposed if this was true, it did not need our assistance.
Mr. RICE spoke again of the delay in the transmission of his papers; but as there seemed to be so much objection to his resolution, and his object was accomplished in calling attention to the matter, he withdrew it.
LEAVES OF ABSENCE.
Mr. SHERROD asked and obtained leave of absence for Mr. HUGHES for the remainder of the session.
Leave of absence was obtained for Mr. Johnston of Montgomery, and Mr. Lee, until Monday.
Mr. HUGHES offered a resolution, which was adopted, that the late Clerk of the Morgan Raid Commission be employed as a clerk of the Committee on Expenditures, while that Committee is engaged in considering the bill for the allowance of those claims.
Mr. HUGHES offered a concurrent resolution, which was adopted, for a joint convention of the two Houses, for the election of State Printer and other State officers, at half past two o'clock this day.
BILLS FOR ACTS.
Were introduced, read the first time, and appropriately referred to Committees, as follows:
By Mr. CRAVENS, [S. 184] to amend section nineteen of the act of June 10, 185s, defining felony and prescribing punishment for.
By Mr. DENBO, [S. 185] to amend section forty-nine of the election laws, approved June 7, 1852.
By Mr. SHERROD, [S. 186] to establish a Court of Common Pleas in each county of this State.
It was referred to the Committee on Organization of Courts, and two hundred copies ordered printed.
By Mr. CRAVENS [S. 187] to regain an act in relation to the taxation of lands in cities, approved June 18, 1852.
By Mr. SCOTT, [S. 188] in relation to the sale of certain State lands in Clay County.
By Mr. WOOD, [S. 189] to amend section eighteen of the registry law.
By Mr. ELLEOT [S. 190] to authorize the people of the townships to prohibit the retailing of intoxicating liquors.
By Mr. HADLEY [S. 191] enabling cities and towns to own and keep in repair roads to cemeteries.
By Mr. GRAY [S. 192] to amend section fifteen of the general election law, approved March 11, 1867.
By Mr. ELLIOT [S. 193] to amend sections one and ten of the registry law.
By Mr. STEIN [S. 194] making an appropriation to pay to the Sinking Fund moneys advanced for the erection of the building for the use of the Supreme Court and other offices.
By Mr. HENDERSON [S. 195] amending section seventeen of the City Corporation law of March 14, 1867.
By Mr. CAVEN [S. 196] defining the crimes of grand and petit larceny, and repealing sections nineteen and twenty of the act defining felonies, appproved June 10, 1852.
Pending the introduction of bills--
Mr. GRAY, after his bill [S. 192] had been read the first time, explained that it required the polls to be opened at six o'clock a. m. and closed at six o'clock p. m. Its provisions were simple; every Senator could understand them at once, and there was no need of the usual page: 283[View Page 283] to a committee. Such an enactment was demanded by the people--especially the laboring classes--and he moved that the constitutional restriction be dispensed with, in order that the bill might be put on its passage at once.
The motion was rejected--yeas 30, nays 9--the constitutional majority not voting in favor thereof.
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. JOHNSON of Spencer, offered a resolution, which was adopted, that when the Senate adjourn it adjourn to meet on Monday at two o'clock p. m.
Mr. HOOPER offered a resolution, which was adopted, that three hundred copies of the report of the Board of Control of the House of Refuge be printed for the use of the Senate and House of Representatives.
Mr. Elliott's bill [S. 146] to authorize turnpike companies to construct branch roads, coming up in order, was read the second time, and ordered engrossed for the third reading.
Mr. HADLEY moved to take from the table his bill [S. 111] to amend section sixteen supervisors' act, and place it on the files of the Senate.
It was so ordered by consent.
Mr. BRADLEY demanded a call of the Senate, and it being ordered and taken thirty-five Senators answered to their names.
On motion of Mr. JOHNSON on Spencer, further proceedings under the call were disposed with.
Mr. Green's bill [S. 20] to tax costs in cases where sureties on bond of any guardian, executor or administrator shall apply to be released as such surety, coming up in order, it was read the third time.
Mr. GREEN explained that the bill provides for taxing costs in these cases, there being no law on this subject at this time.
Mr. TURNER objected to the taxing of the costs to any but the principal party to the bond. Unless such a provision be inserted,the bill is unjust and should not be passed. It is contrary to the spirit of law to ask the surety to pay the costs.
Mr. SCOTT insisted that the bill could not work any great hardship in any event, and was about as near right as it could be, without amendment.
Mr. GREEN said we wanted a law of some kind to apply to such cases. We have none at all now, and he had felt the want of it when on the bench. He asked and obtained unanimous consent for the insertion of an amendment making the applicant taxable with costs, unless he show good cause for being released.
Mr. TURNER again protested against the passage of the bill. The amendment proposed, of course, would not remove his objection stated above.
Mr. STEIN asked if it was not unreasonable to ask a guardian or administrator to pay five or ten dollars costs every now and then.
Mr. TURNER replied that the principal takes all the chances. This law looks like one of those coming from country Justices of the Peace to meet a little difficulty they thought to be in the way.
Mr. GREEN said that nine out of ten of such cases grew out of a little mad fit, and where there was no real reason to fear any bad result of remaining on the bond.
The bill failed to pass for want of a constitutional majority, by yeas 25, nays 15.
On motion by Mr. CRAVENS, the House amendment to the bill [S. 178] fixing the court terms in the First Judicial Circuit, was concurred in.
JOINT CONVENTION.
Mr. CRAVENS questioned whether the joint assembly could elect a State Printer, and read the law in the case. He was inclined to think the election should be by concurrent vote of the two Houses.
Mr. HUGHES differed with the Senator in his construction of the law.
The LIEUTENANT GOVERNOR said the hour having arrived, the Senate will repair to the hall of the House for the purposes named in the concurrent resolution, [election of Public Printer and other State officers.]
When Senators returned to their chamber--
The LIEUTENANT GOVERNOR commanded order.
ELECTION OF OFFICERS OF THE BENEVOLENT INSTITUTIONS.
Mr. CRAVENS moved the adoption of a concurrent resolution, that the Senate now proceed to the election of a President of the Benevolent Institutions, and one Trustee for each of the Asylums.
The resolution was agreed to.
The Senate concurred therein.
The LIEUTENANT GOVERNOR announced that nominations were in order for a President of the Benevolent Institutions.
Mr. CAVEN nominated Dr. P. H. Jameson of Marion county.
Mr. DENBO nominated Dr. G. B. Walker, of Vanderburgh county.
The first ballot resulted--
For Dr. Jameson, 26 votes; for Dr. Walker, 12 votes.
The LIEUTENANT GOVERNOR announced that nominations for a Commissioner for the Insane Asylum were now in order.
page: 284[View Page 284]Mr. GREEN nominated Dr. James H. Woodburn.
Mr. BRADLEY nominated Dr. James S. Athon of Marion county.
The first ballot resulted--
For Dr. Woodburn, 26 votes; for Dr. Athon, 12 votes.
The LIEUTENANT GOVERNOR declared nominations for Trustee of the Blind Asylum to be in order.
Mr. COLLEY nominated Mr. John Beard.
Mr. HENDEHSON nominated Dr. R. H. Tarleton,, of Morgan county.
The first ballot resulted--
For Mr. Beard, 26 votes; for Dr. Tarleton, 12 votes.
The LIEUTENANT GOVERNOR announced that nominations for Trustee of the Deaf and Dumb Asylum were in order.
Mr. CRAVENS nominated Dr. John M. Kitchen.
Mr. HENDERSON nominated Dr. David McClure.
The first ballot resulted--
For Dr. Kitchen, 25 votes; For Dr. McClure,12 votes.
On motion by Mr. HUGHES, Mr. turner was added to the Committee on Congressional Appointments.
Mr. STEIN asked and obtained leave of absence for Mr. Reynolds till Wednesday morning.
On motion the Senate adjourned till Monday at two o'clock, p. m.
