THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, February 22, 1869.The LIEUTENANT GOVERNOR called the Senate to order at two o'clock.
The Secretary's journal of Saturday was being read when--
On motion of Mr. HAMILTON, the further reading thereof was dispensed with.
PETITIONS.
Mr. BELLAMY presented a petition from Ripley county, which was referred to the Committee on Claims without reading.
Mr. STEIN presented a petition with refference to a Homoepatic branch in the proposed Medical College, which was referred without reading.
REPORTS FROM COMMITTEES.
Mr. CASE, from the Committee on County and Township Business, returned the bill, [S. 185] to amend section forty-nine of the election law of June 7, 1852, recommending its passage.
Mr. BELLAMY, from the Committee on Education, returned the bill, [S. 126] to repeal the act amending section thirty-five of the Common School law, recommending that it lie on the table, for the reason that its provisions are incorporated in Senate bill No 244.
These reports were severally concurred in.
BILLS FOR ACTS
Were presented, read the first time, and referred to appropriate committees as follows:
By Mr. HAMILTON, [S. 274] regulating the fees of County Clerks in relation to administrators and guardianships.
By Mr. RICE, [S. 275] to amend the act of June 17, 1852, to provide for the incorporation of Insuance companies.
By Mr. CHURCH, [S. 276] for the relief of the heirs of Patrick Donovan, deceased.
NIGHT SESSION.
Mr. Robinson of Decatur's resolution of Saturday, for a change of the rule so as to make seven o'clock, p. m., the hour for all special orders, coming up--
It was amended by Mr. STEIN by substituting "seven and a half o'clock" for "seven o'clock."
Mr. HUGHES thought there was no necessity for the resolution as we are now in advance of the House, and clear our files daily.
Mr. ROBINSON of Madison, referred to the fact that some sixty bills are now on their third reading.
Mr. HUGHES replied that the proper course was to refuse to make special orders, if the Senate thought they would improperly interfere with other business.
Mr. BRADLEY was in favor of the resolution, as our business is put much behind by the continued consideration of special orders.
Mr. HANNA was opposed to night sessions. He believed fifty Senators here could get through with business much more rapidly than one hundred members in the other House.
Mr. CRAVENS was in favor of night sessions as soon as necessary, but the proper way to avoid them is by rigidly adhering to the order of business.
Mr. STEIN moved to strike out in reference to existing special orders.
On motion of Mr. HUMPHREYS, the whole subject was laid upon the table, upon a division-- affirmative 21, negative 13.
page: 457[View Page 457]COUNTY AID TO RAILROADS.
On motion of Mr. STEIN, his bill [S. 215] was taken from the table and referred with pending amendments to the Judiciary Committee.
EXTENSION OF TIME TO RAILROADS.
On Mr. BRADLEY'S motion, Mr. Reynold's bill, [S. 5] to amend section one of an act declaring abandoned certain unfinished railroads, etc., approved March 7, 1867, was taken up, having once failed to pass for want of a constitutional majority.
The pending amendment was agreed to.
The bill was again read.
Mr. BRADLEY explained that it extended the time one additional year, etc., and that roads which have not expended any money for two years are excluded from the provisions of the bill.
It was passed the Senate by yeas 31, nays 5.
BILLS ON THE SECOND READING.
The following described bills were read the second time and ordered engrossed for the third reading, unless otherwise stated:
Mr. Hughes' State University Medical College bill [S. 100.] A committee amendment agreed to.
Mr. Caven's bill, [S. 107] amending the County Library act of June 18, 1852.
Mr. Stein's Criminal Court enabling act [S. 253.] A committee amendment was concurred in.
Mr. Lasselle's bill, [S. 255] to save certain pending will suits, being read the second time--
Mr. STEIN moved to indefinitely postpone the bill; it is intended to effect a case in Terre Haute, and he was opposed to reviving old law suits.
Mr. SCOTT explained the case to be affected as far as he was informed of its merits. The parties feel very much agrieved, and he knew no reason why they should not be relieved, as they have no other remedy.
Mr. RICE made further statements with regard to the case. He thought it right to pass a similar bill last session and he thinks so now.
The motion to postpone was rejected.
CORN AND HAY.
Mr. Wolcott's corn and hay measurement bill, [S. 174] coming up--
Mr. ROBINSON of Decatur, knew the rule given for corn in this bill was wrong. He moved the indefinite postponement of the bill. It proposes to make the measurement of two and a half square feet for a bushel of corn. Two square feet, or at most two and one-sixth is enough.
Mr. WOLCOTT defended the bill, and stated that the Senator from Decatur was certainly mistaken. The law of Ohio requires two and one-half feet, as proposed by this bill.
Mr. FISHER had experience, and said that two and one-fourth feet made a bushel on the Wabash. He did not think any rule could be adopted for the measurement of hay, the difference in density being great.
Mr. WOLCOTT thought it would vary but little, and that the cube of eight feet would usually give a ton.
Mr. JOHNSTON of Montgomery, said the measurement proposed in the bill was too large for corn, and wished to changed the rule all over the country. He should vote for the motion. Two and one-sixth to two and a quarter is ample.
Mr. ROBINSON of Decatur, thought it quite useless to fix such a rule. Corn is usually sold by weight, and it varies from year to year. The weight of hay depends upon pressure. He saw no necessity for making any rule in regard to these articles.
Mr. HANNA said in his region corn had usually been bought by the twenty-six inch guage, but this year it is light, and twenty-seven inches is allowed. No guage can be established for hay. He thought there should be no rule fixed by law, but that it should go by weight.
Mr. TURNER concurred entirely with the views of the Senator from Sullivan [Mr. Hanna.] The weight also varies from year to year, although, of course, the rule, if adopted, would apply only to sound corn. Having been a heavy purchaser of these articles for years past, he was prepared to favor the motion to postpone.
Mr. WOLCOTT further defended the principles of his bill. It many places corn and hay cannot be weighed without going a great distance, and this bill is designed to provide for such places. It is not intended to supercede the sale by weights. He would agree to furnish any amount of corn for years to come, in his region, at twenty-eight inches to the bushel.
The motion to indefinitely postpone was agreed to.
THE CALENDAR.
Mr. Wolcott's fish ladder bill, [S. 249] was read the second time, and referred back to the committee with instructions to report the rivers to be effected by the bill.
Mr. Wood's bill, [S. 189] to amend section eighteen of the registry law, was read the second time, a committee amendment agreed to, and the bill ordered engrossed.
Mr. Bellamy's bill, [S. 108] to amend section two of the registry law, was read the second time and ordered engrossed.
Mr. Church's bill, [S. 230] amending the page: 458[View Page 458] Governor's residence bill, was read the second time.
Mr. FISHER moved to indefinitely postpone the bill, as others are pending which are nearer what is required. The act proposed to be amended by this bill limits the price for the new residence to the amount received from the sale of the former one, which was about forty-two thousand dollars.
Upon the suggestion of Mr. WOLCOTT,
Mr. FISHER changed his motion to one to lay the bill and the proposed amendments on the table.
The motion was agreed to.
Mr. HUGHES moved to reconsider the vote just taken, and to lay that motion on the table.
The latter motion was agreed to.
Mr. Lasselle's bill, [S. 130] amending section six of the Macadamized road law of May 12, 1852, was read the second time.
Mr. GREEN thought this was a pretty strong bill, and moved that it lie on the table.
The motion was agreed to.
Mr. Robinson of Madison's bill, [S. 168] authorizing an increase of stock of gravel and other road companies; was read the second time.
Mr. FISHER thought this bill proposed a bad policy, to increase stock without a vote of the stockholders. He moved to indefinitely postpone the bill.
Mr. ROBINSON of Madison, thought the bill was not open to the objection urged against it, and proceeded to show why.
Mr. HUGHES opposed the bill--the power ought not to be extended to these corporations any further. He favor the motion to postpone indefinitely.
Mr. ROBINSON of Madison was willing to a modification of the bill.
Mr. FISHER withdrew his motion and moved its recommittal, with instructions to amend so that no increase of stock shall be made without the consent of a majority of stockholders.
The motion to refer was agreed to.
Mr. Robinson of Madison's bill, [S. 202] authorizing railroads to sell or lease their roads to other railroads, was read the second time.
Mr. HUGHES offered an amendment that the Governor must consent to the same in writing, under certain restriction in the amendment set forth.
The House amendment to the 22d of February resolution of the Senate adopted Friday was agreed to.
Mr. Robinson of Madison's bill, [S. 203] extending the act to confirm the sale of railroads, etc., was read the second time and ordered engrossed.
Mr. Bellamy's bill [S. 246] amending the common school laws and adding sections thereto, was read the second time.
Mr. SHERROD, out of respect to the memory of General George Washington--to whom the nation owes more than to any other man who has ever lived in it--moved at 4 o'clock p. m., that the Senate adjourn.
And then--
The Senate adjourned till nine o'clock a. m. to-morrow.
