THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, February 12, 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's proceedings was read.
PETITIONS AND MEMORIALS.
The following described petitions, &c.. were presented and referred to appropriate Committees:
By Mr. KINLEY, a petition from two hundred and twenty-seven voters of Elkhart county praying for the enactment of a prohibitory liquor law.
By Mr. BELLAMY, a memorial from the President and Board of Trustees of the Moores Hill College, on the subject of the Agricultural College fund, making a proposition for one-fifth of the Agricultural College fund.
By Mr. HESS, a petition on the subject of Temperance, embodying a resolution of the State Temperance Alliance, indorsing Mr. Kinley's Temperance bill.
By Mr. GRAY a number of petitions on temperance.
By Mr. STEIN a memorial on the subject of, and praying for the repeal of the gravel road law.
REPORTS FROM COMMITTEES.
Mr. CASE from the Committee on County and Township Business, returned the election precincts bill, [S. 166] with a favorable report thereon.
Mr. GIFFORD, from the same committee, returned the bill, [S. 155] concerning the listing of personal estates, with an adverse report thereon.
Mr. JONHSON of Spencer, from the Committee on Rights and Privileges, returned the bill, [S. 78] repealing section eighteen of the descent and estate act, of May 14, 1852, with an amendment thereto.
These reports were severally concurred in.
TAXATION OF BANK STOCK.
The LIEUTENANT GOVERNOR announced the special order for this hour, being the consideration of the bill [S. 98] for the assessment and collection of taxes for municipal purposes on bank shares.
The question being on its passage--it having been read the third time--
Mr. HUGHES stated his understanding that the Supreme Court had decided two or three times that the stock of State and National banks can not be taxed for municipal purposes. He desired it recommitted, and moved to recommit the bill, with intructions to inquire into the expediency of providing that the taxes collected from non-residents for county, township and road purposes in counties where the parties reside. He read a list of the stockholders of the First National Bank of Indianapolis, showing that a very large portion was owned by parties residing outside of the city, amounting to over one hundred and eighty-four thousand dollars. These parties pay in Marion county, for State, county, township and road purposes. He thought they should be paid in the counties where they reside, provided it is in the State of Indiana. He moved to recommit the bill for the purpose indicated.
Mr. FISHER proposed as being the same in principle to amend the instructions by providing that parties owning land in one county shall pay the tax in the county where they re- page: 345[View Page 345] sidethat being in keeping with the amendment the Senator proposes.
Mr. CARSON regarded the proposed amendments unjust. Bank stock and personal property makes money for the owner in the county where the bank is located, and the thereon should in justice be paid in the county where the money is earned.
Mr. HUGHES could not see the point made by the Senator from Wabash [Mr. Fisher.] Owners of Bank stock can be sued where-ever they may be found, on process connected therewith; while in real estate suits the practice is different. He replied also to the objection made by the Senator from Allen [Mr. Carson.] He presumed the use of the capital here was a great benefit to the city, and it should be glad to have it invested here, even if it paid no tax here.
Mr. FISHER, in reply, thought the place to tax property was where it was found. Capital invested here is as fully protected if owned by non-residents, as by persons living here. He was unable to appreciate the objection urged against his amendment by the Senator from Monroe [Mr. Hughes.] He insisted on the justness of the proposition.
Mr. GREEN moved to lay the motion to recommit on the table.
The motion was agreed to upon a division; affirmative 21, negative 14.
Mr. CRAVENS suggested that this is a bill for raising revenue, and such bills cannot originate in the Senate under the Constitution. Therefore he moved to lay the bill on the table.
The motion was agreed to.
A message from the Governor was received communicating a report of the disbursements made in pursuance of the act of 1867, for payment of counsel in suits instituted against soldiers, on account of acts commmitted by them while in service. [See House proceedings of yesterday afternoon, page 326.]
It was referred to the Committee on Finance.
REPORTS FROM COMMITTEES.
Mr. BRADLEY, from the Committee on Rights and Privileges, returned the witness fee bill, [S. 149] with an amendment.
Also, from the Committee on Claims; a report concerning the claim of Frank D, Allen, for material furnished in the erection of the State building for State officers, in favor of allowing the claim with interest.
Mr. REYNOLDS, from the Committee on Agricuture, returned the weights and measures bill, [S. 219] with a report thereon in favor of a substitute.
Mr. FISHER, from the Committee on Finance, returned the State building bill, [S. 194] with a favorable report thereon.
Mr. JOHNSON of Spencer, returned the descent act amendment bill, [S. 106] with an adverse report thereon.
Mr. DENBO, from the Committee on County and Township Business, returned the Supervisor's act amendment bill, [S. 154] with an adverse report thereon.
Mr. CASE, from the Committee on County and Township Business, returned the Board's allowance bill, [S. 208] recommending its reference to the Committee on Fees and Salaries.
On motion by Mr. RICE, Mr. Taggart was granted leave of absence indefinitely, on account of ill health.
Mr. CASE, from the Committee on County and Township Business, returned the town land tax amendment bill, [S. 187] with an amendment.
Mr. ROBINSON of Madison, from the Judiciary Committee, returned the witness bill, [S. 175] with an amendment.
Mr. STEIN, from the same Committee returned the bill, [S. 181] to amend section three hundred and forty-three of the practice act with a favorable report thereon.
The Commmittee on Military Affairs reported adversely to the close or abandonment of the Knightstown Soldiers' Home, and recommended that the joint resolution for that purpose be laid on the table.
Mr. FISHER presented several claims which were referred without reading.
Mr. ROBINSON of Madison, from the Judiciary Committee, returned the bill, [S. 213] for republication of Blackford's reports, recommending that it be laid on the table.
Mr. CAVEN, from the same committee returned the Adjutant General's seal bill, [S. 224] with a favorable report thereon.
These reports were severally concurred in.
CONTESTED ELECTION.
Mr. CAVEN, from the Committee on the Judiciary, reported as follows:
Mr. President: The Judiciary Committee, to whom was referred the petition of Wm. H. Montgomery, Senator elect from the district composed of the counties ot Martin, Dubois and Pike; praying to be admitted to his seat in the Senate, in place of Aaron Houghton the sitting member, report, that they have had the same under consideration, and from the agreed state of facts admitted by the parties, it appears that said Aaron Houghton was elected Senator from the counties of Lawrence and Martin, in October, 1866, that he was sworn in, and entered upon the duties of his office, that afterwards in October, 1867, he was duly appointed and commissioned by the Sec'y. of the Treasury of the U. S. as Assistant Assessor for Divison No. 5, of the First Collector District of Indiana, and duly entered upon the discharge of the duties pertaining to said office, that at the general election in October, 1868, said Wm. H. Montgomery was elected Senator from said district, and received his credentials.
In Section 9, Article 2, of the Constitution of Indiana, it is declared that no person holding a lucrative office or appointment under the United States, or under this State, shall be elegible to a seat in the General Assembly.
page: 346[View Page 346]The office of Assistant Assessor is, in the opinion of your commitee an appointment under the United States, created by the laws of the United States, and it is their opinion that by accepting such appointment, said Aaron Houghton vacated his office of Senator, and rendered himself ineligible to a seat in the General Assembly, and that Wm. H. Montgomery was duly elected to fill such vacancy, and is entitled to his seat in the Senate, your Committee therefore respectively report that Aaron Houghton has vacated his office of Senator, and that Wm. H. Montgomery is entitled to be admitted to his seat as Senator from said District, composed of the Counties of Martin, Pike and Dubois.
Mr. CAVEN explained the circumstances, which were, that Mr. Houghton was elected to the State Senate in 1866, and, therefore held over. Subsequent to the last session, he was tendered and accepted the appointment of Assistant Assessor of Internal Revenue, and this, in the opinion of the Committee vacated his seat in the Senate. He suggested that as some persons might desire to discuss the question, it be made the special order some day next week.
Mr. JOHNSTON of Montgomery, desired that a vote might be taken on the resolution now.
Mr. ROBINSON of Madison, said there was no difference of opinion in the committee as to the propriety of the resolution, but that Mr. Houghton might probably desire to be heard in his own defense, and for that reason it might be proper to delay action upon it.
Mr. CRAVENS stated there was a very strong doubt in his mind as to the correctness of the opinion of the committee. The holding of such an office would render him ineligible to a seat in the Senate, but it did not follow necessarily, that his seat was vacated by accepting it after election. He did not desire t discuss it at that time, and moved to make it the special order for Wednesday next, at half past ten o'clock a. m.
Mr. SHERROD moved to amend by substituting Monday at two and a half o'clock.
Mr. RICE spoke of the difficulty of obtaining a full Senate at that time, which was certainly desirable when the matter should he acted upon.
Mr. SHERROD withdrew his amendment and the motion of Mr. Cravens was adopted.
Mr. SCOTT, from the Committee on the Judiciary, returned the 1868 city tax assessment bill, [S. 200] with a favorable report thereon.
Mr. HUGHES presented a memorial, which was read amid much merriment and--
The LIEUTENANT GOVERNOR'S announcement that it would be referred to the Committee on Rights and Privileges created a fresh outburst of laughter.
Mr. HUGHES offered a concurrent resolution requesting an address on Educational subjects from Hon. B. C. Hobbs, on Monday evening in the Hall of the House.
The resolution was adopted.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees unless otherwise stated, as follows:
By Mr. CRAVENS, [S. 231] to amend section two of the act of 1865, concerning the State debt Sinking Fund, adding the Governor to the Board of the State debt Sinking Fund Commissioners.
On motion of Mr. CRAVENS, the rules were suspended, the bill read the and passed by yeas 36, nays 0.
By Mr. GREEN, [S. 232] to repeal section nine of the act to provide for the assessment of taxes on shares of bank stock.
By Mr. KINLEY, [S. 233] to repeal the act for the incorporation of companies for the detection of Horse Thieves and other felons.
By Mr. CASE, [S. 234] to legalize and declare valid certain deeds when the certificates of acknowledgment were not correct in form.
By Mr. HOOPER, [235] to render taxation for school purposes uniform, without regard to race or color.
It was referred to the Committee on Education, and two hundred copies ordered to be printed.
By Mr. FOSDICK, [236] to amend section thirty-one of the act for the incorporation of Cities.
By Mr. CASE, [S. 237] to repeal section one hundred and nineteen of the assessment act.
By Mr. STEIN, [S. 238] to amend section two hundred of the Practice Act.
MR. HUGHES AND THE MIRROR.
Pending the order for the introduction bilts--
Mr. HUGHES rose to a privileged question. He said he had just picked up this evening's Mirror, in which he found a specific charge of corruption, as against himself. He read the article containing the charge as follows: "We are in the blissful receipt of what we presume is an ex cathedra defence of the dubious status of Judge Hughes in the Senate. His disinterested and eloquent defender alleges, in mitigation of damages, that a gentleman of Hughes' exemplary habits, moral influence, literary and legal ability, and romantic disposition, can not afford to occupy a seat in the Senate upon the usual terms; but that in the character of an attorney he appears in the Senate as the special and handsomely paid advocate of the Bloomington location."
Mr. HUGHES then said: I suppose there is no man in this body who has been a subject of more newspaper abuses, and no one that has borne it more philosophically than I, but there is one thing I never permit to pass unnoticed and that is a specific charge of corruption, and I ask this body out of respect to page: 347[View Page 347] itself and in justice to me, to take up this matter and investigate it thoroughly and certainly and put upon this article the stamp of condemnation, or put the stamp of condemnation upon me. And when this matter is investigated and found to be a malicious falsehood, I ask that some means will be found by the committee to inflict some sort of punishment upon the libeller that publishes this newspaper or got up this article. As to any defense of myself going to that newspaper or to any other with my knowledge or consent, that is equally unfounded.I need no defense against anything that newspaper has said about me. I have read in that paper an occasional fling at me but here is a specific charge that I stand in this body as a paid attorney. I move that the Judiciary committee be directed to make the investigation, with power to send for persons and papers, and with leave to sit during the sessions of the Senate. And I ask that the committee act promptly.
The motion was agreed to.
JUDGES PRO TEM.
Mr. CARSON moved to suspend the regular order and take up the bill [S. 180] authorizing the Judge of Common Pleas Courts to appoint a judge for an adjourned term, when his duties call him to preside in an adjoining county--it having heretofore failed to passed for want of institutional majority.
The bill again failed to pass for want of institutional majority, by yeas 22, nays 17.
Mr. HOOPER, by consent, offered a resolution that when the Senate adjourn, it adjourn till Monday next at two o'clock p. m.
The resolution was adopted.
THE STATE DEBT--INTERNAL IMPROVEMENT BONDS.
On motion of Mr. HUGHES the Senate resolved itself into a Committee of the Whole--Mr. Cravens in the Chair--and proceeded to the consideration of such portions of the Governor's message as we was referred to the Committee of the Whole Senate.
Mr. HUGHES offered the following resolution:
RESOLVED, That the Committee of the Whole rise, and report to the Senate the following resolutions, and recommend their passage and request to be discharged from the further considerations of the subject therein referred to.
RESOLVED, That no legislative action is necessary on so much of the Governor's message, as relates to the settlement of the old internal improvement bonds held by the General Government, and that the further consideration of the same be indefinite-postponed.
RESOLVED, That the Committee on Finance, be instructed to prepare and report a bill for the payment of the interest due, and to become due, also on the principle of all bonds that are now due or overdue, on the old internal improvement bonds now outstanding.
RESOLVED, That so much of the Governor's message as refers to the settlement of the war claims of the State of Indiana, against the General Government, and especially the action of the Adjutant General, and the contract made by him with an agent at Washington, with accompanying papers be referred to the Committee on Finance.
Mr. FISHER said a portion of these bonds were now due, and suggested that the resolution include not only the interest but the principal of those bonds now due.
Mr. HUGHES accepted the amendment suggested. (The words are printed in the resolution.)
The resolution was adopted, and accordingly the committee rose, and the Chairman reported the resolutions to the Senate.
Mr. RICE demanded a division of the question on the adoption of the resolutions.
The first resolution was adopted.
The second resolution being read--
Mr. FISHER said the State has received consideration for these bonds. We owe the money, we are able to pay, and the question is shall we pay or repudiate?
Mr. KINLEY would like to know the nature of the claim before it is paid. If it is an honest claim it should be paid by all means.
Mr. FISHER understood that one hundred and twenty-six thousand dollars of these bonds were outstanding, and about sixty thousand dollars were now due and overdue. A part would not become due untill 1875. No interest, he believed, had been paid, the rate being five per cent.
Mr. CARSON gave a history of these bonds, as he understood it; but could not vote for the resolutions without further light on the subject.
Mr. ROBINSON of Decatur, was in the Legislature when the canal debt was made, and stated that the proposition came from the bondholders. He could not see how they could have an action against the State; but it is different with those bondholders who did not come under the arrangement. He regarded it as simply a question of honesty, whether we will or will not pay our debts.
Mr. GIFFORD thought there should be a full Senate when a vote shall be taken on the subject. He feared this resolution would commit the State to paying the whole Wabash and Erie canal debt, with the accumulated interest thereon, which we have negleted to pay for twenty years. It seems that we are traveling pretty fast. As there was a doubt whether a quorum was present, he moved that this subject be made the special order for Tuesday at ten o'clock in the forenoon.
The motion was agreed to.
On motion of Mr. KINLEY, his temperrnce bill, [S. 36] was made the special order for Thursday at ten o'clock.
And then--
On motion the Senate adjourned till Monday at two o'clock, p. m.
