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Brevier Legislative Reports, Volume X, 1869, 704 pp.
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THE BREVIER LEGISLATIVE REPORTS.

TENTH VOLUME.

INDIANA LEGISLATURE.

IN SENATE.

SATURDAY, February 20, 1869.

The Senate was called to order at half past 9 o'clock, a. m., pursuant to adjournment, the Lieutenant Governor in the chair.

On motion of Mr. CHURCH, the reading of the Secretary's minutes of yesterday was dispensed with.

The LIEUTENANT GOVERNOR laid before the Senate a communication from the Auditor of State making an exhibit of the receipts and expenditurs of the Governor's office for the year ending October 31, 1868, in response to a resolution of the Senate adopted day before yesterday.

It was referred to the Committee on Fees and Salaries.

THE OLD STATE BONDS.

The LIEUTENANT GOVERNOR announced the unfinished business pending at the adjournment last evening, viz: Mr. Wolcott's resolution for an amendment to the Constitution, declaring that the State is not liable for the old internal improvement bonds, etc.

On Mr. WOLCOTT'S motion, they were laid on the table till Tuesday next.

PETITIONS.

Mr. HENDERSON presented a petition from the citizens of Johnson county, which was referred to the Committee on Temperance without reading.

RESOLUTIONS.

Mr. HENDERSON offered a resolution, which was adopted, that when the Senate adjourns it shall be till Monday at two o'clock p. m.

Mr. ROBINSON of Decatur, offered a resolution that after Monday all special orders shall be made for seven o'clock p. m., and all special orders now pending shall be fixed for the same hour of the day for which they are set.

It lies over for one day under the rule as it proposes to change a standing rule of the Senate.

REPORTS FROM COMMITTEES.

Mr. CHURCH, from the Committee on Benevolent Institutions, made a lengthy report [see Senate Journal page 473 to 479 inclusive,] which was referred to the Committee on Finance without reading.

Mr. HOOPER, from the Committee on Temperance returned the pohibitory liquor bill, [S. 36] with amendments.

Mr. RICE, from the Committee on Corporations returned the bill, [S. 5] to declare abandoned certain unfinished railroads, with amendments, recommending its passage.

Mr. GREEN, from the same committee, returned the bill, [S. 202] to authorize railroad companies to sell, lease or otherwise dispose of rights or franchises, recommending its passage.

Mr. GRAY, from the same committee, returned the bill, [S. 129] to amend sections two and four of the act for the incorporation of cities, recommending that it lie on the table.

Mr. CARSON, from the same committee, returned the bill, [S. 203] to amend the act authorizing railroad companies to sell their roads, recommending its passage.

Mr. HOOPER, from the Committee on Claims, to whom was referred claims of James I. Morrison and others for legal services, returned the same, recommending that they lie on the table.

Mr. GRAY, from the Committee on Cor- page: 454[View Page 454] porations returned the bill, [S. 168] to authorize turnpike or gravel roads to increase their capital stock when necessary to complete their roads, recommending its passage.

Mr. HOOPER, from the same committee returned the bill, [S. 280] to revise section six of the plank, Macadamized or gravel road act of 1852, recommending its passage.

Mr. HOOPER, from the same committee returned the bill, [S. 250] supplemental to the act authorizing the formation of voluntary associations, recommending that it lie on the table.

Mr. RICE, from the same committee returned the bill, [H. R. 34] to enable incorporated towns to lay out streets and alleys, and make ether improvements in certain cases, recommending its passage.

BILLS FOR ACTS

Were introduced, read the first time and referred to appropriate committees unless otherwise stated, as follows:

By Mr. GRAY, [S. 269] to amend the title of an act to amend section live of an act concerning the fees of officers.

By Mr. GREEN, [S. 270] to pay for certain swamp land ditching claims.

By Mr. BRADLEY, [S. 271] to prevent drunkenness.

SENATE BILLS ON THE SECOND READING.

The following Senate bills, coming up in regular order, were read the second time and ordered to he engrossed for the third reading.

No. 36, prohibiting the sale of intoxicating liquors, and providing punishment therefor.

No. 85, amending section sixty, of the act for the incorporation of cities.

No. 147, organizing the ninth and twelfth Judicial Circuits.

No. 148, to legalize acknowledgements of deeds, etc., taken by notaries after their commissions had expired.

No. 149, to amend section seventeen of the act regulating fees and salaries.

No. 151, to enable cities to aid in the construction of railroads and water works.

No. 53, to authorize the formation of cooperative associations for building purposes.

In the above cases the committee's amendments were agreed to.

No. 122, supplemental to the act authorizing incorporated cities to sell bonds to complete school houses.

No. 238, to amend section two hundred of the practice act.

No. 191, to enable cities or towns to keep in repair roads leading to cemetaries, and the committee's amendments were agreed to.

No. 102, to amend the fifth subdivision of section three hundred and twenty-four of the practice act, and the committees amendments were agreed to.

No. 118, to amend section sixteen of the contested election law.

No. 162, to provide for the services of process on railroad companies.

No. 167, to amend section four of the act for the incorporation of manufacturing or mining companies.

No. 173, to change the name of the widows' and Orphans' Asylum of Indianapolis.

No. 184, to amend section nineteenth of the act defining felonies and providing punishment therefor.

No. 199, to amend section one and three of the act for the incorporation of cities.

No. 201, to revise and amend section five of the act for the incorporation of cities.

No. 175, defining who shall be competent witnesses in any court or judicial proceeding.

No. 205, to revise and amend section seventy-nine of the act for the incorporation of cities.

No. 216, appropriating eight thousand dollars per annum for the publication of the Agricultural Reports.

No. 223, appropriating fifteen thousand dollars for the completion of the work on and about the new building for the Supreme Court and State offices.

No. 172, to exempt burial grounds from sale on liens, judgment or decrees.

No. 177, to prohibit Clerks of Circuit and other Courts, from taking or certifying the declaration of intention of any alien to become a citizen of the United States, except as herein prescribed.

No. 220, authorizing parties losing money or property at gaming to sue for, and recover the same, and the committee's amendments were agreed to.

No. 225, changing the name of the State Board of Agriculture to that of the Indiana Industrial Board.

No. 166, providing for the establishment of election precincts by County Commissioners.

No. 181, to amend section three hundred and forty-three of the practice act.

No. 187, to revise the act of June 18, 1852, in relation to the taxation of lands in cities.

No. 194, making an appropriation to the sinking fund in repayment of money borrowed to erect the new State building.

No. 280, legalizing assessments made by Incorporated cities in 1868, for taxation.

No. 224, legalizing the seal of the Adjutant General.

No. 30, supplemental to the act authorizing cities to erect or take stock in water works.

No. 251, to amend section one of the act of 1867, authorizing Trustees of townships or incorporated towns, or the Common Council of cities to levy a tax for School purposes, and adding a section thereto.

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No. 234, to legalize and declare valid certain deeds, where the certificates of acknowledgment were not correct in form.

No. 210, to define punishment for persons who usurp judicial powers and connect themselves with companies to punish crime, declaring it felony, fixing the penalty, providing for the offering of rewards by the Governor, and making an appropriation.

On motion by Mr. SCOTT, the blank was filled with five thousand dollars as the aggregate amount of rewards which might be offered in any one year.

No. 239, authorizing the classification of the directors of railroads.

No. 89, to amend the act authorizing the owners of wet lands to drain or reclaim the same.

No. 218, for the better regulation of traveling on railroads referring to competing lines.

No. 161, to provide for the organization of Saving banks.

No. 134, to authorize the incorporation of companies for the purpose of draining and reclaiming wet lands.

No. 78, to repeal section eighteen of the act regulating descents.

No. 159, to provide for a revision and codification of the laws, was read a second time.

The question being upon concurring in the amendment proposed by the commtttee, to provide for the appointment of the Commissioners from, and by the two houses of the Legislature--

It was rejected and the bill passed to the third reading.

No. 164, to authorize the amendment of bills of exceptions in certain cases, having been read a third time--

Mr. SCOTT moved to amend by striking out the word "heretofore."Action upon the amendment was suspended on account of the absence of the author.

The bill [S. 266] to amend section one of the fish law, having been read a second time--

Mr. ROBINSON moved to amend by adding to the second section the words "Big Flat Rock." He could not see why that stream should not be excepted as well as the St. Joseph's river.

Mr. RICE moved to amend further, by adding the Wabash, Big Raccoon, Sugar Creek and Polecat Creek. He thought it wrong to interfere with the ancient rights of the inhabitants of his county.

Mr. ROBINSON of Decatur, said there was just as much fishing done in his county as before the bill was passed, and it was the law abiding portion of the people who were the sufferers.

Mr. CRAVENS moved to indefinitely postpone the bill, with pending amendments.

Mr. BRADLEY moved to lay the amendment on the table.

Mr. BELLAMY moved to lay the whole subject upon the table.

The motions of Messrs. Cravens and Bradley were withdrawn.

Mr. Bellamy's motion prevailed.

The bill, [S. 219] to amend section three of the act in relation to weights and measures, was read a second time.

Mr. ROBINSON of Decatur, moved to amend by inserting "sixty-eight" instead of "seventy," as the weight of a bushel of corn.

The bill was laid on the table, by consent, for future action.

NEW PROPOSITIONS.

Pending the order for the second reading of Senate bills, the following new propositions were introduced and referred:

By Mr. MONTGOMERY, [S. 272] to incorporate the Indiana Homestead Company.

By Mr. CAVEN, [S. 273] authorizing the issuing of arms and equipments to regularly organized military companies.

Mr. CAVEN made an ineffectual motion to reconsider the vote by which the Senate agreed to adjourn till two o'clock Monday afternoon--affirmative 5, negative 8.

Mr. JOHNSON of Spencer, offered a preamble and resolution reciting that--

WHEREAS, The Senator from Monroe and the correspondent of the Cincinnati Commercial are absent from their places in this chamber; and,

WHEREAS, Fears are entertained that they have left the State for fearful purposes; therefore,

RESOLVED, That a special committee of six military members of this body be appointed to inquire into the matter.

The PRESIDENT pro tem., decided the resolution out of order--the matter is beyond the jurisdiction of this body.

And then--

On motion the Senate adjourned till Monday at two o'clock, p. m.

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