THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, February 26, 1869.The Senate met at nine o'clock, a. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
The Secretary's journal of yesterday was being read when--
On motion of Mr. GIFFORD, the further reading thereof was dispensed with.
The LIEUTENANT GOVERNOR directed the call of the Senate, and forty members responded to their names.
The LIEUTENANT GOVERNOR announced the pending order at the adjourment of yesterday--the bill [S. 235] extending the benefits of common schools to colored children.
Mr. SCOTT asked, but failed to obtain leave, to withdraw his amendment offered last evening, and offer a substitute for the bill.
Mr. ROBINSON of Madison, moved to suspend the regular order, and proceed to the consideration of bills on the third reading.
The motion was agreed to upon a division--affirmative 25, negative not counted. Mr. STEIN and Mr. DENBO, by leave, returned the court bills, [S. 290 and S. 292] from the Committee on Organization of Courts, with favorable reports thereon.
BILLS ON THE THIRD READING.
Mr. Case's repeal bill of the County Treasurers' act approved June 4, 1852, being read the third time--
Mr. CASE explained that this bill [S. 105] was to relieve County Treasurers of an unnecesary duty imposed upon them in relation to their bonds.
A constitutional provision requiring the yeas and nays on the passage of all bills, they were ordered, and being taken resulted yeas 34, nays 2.
So the bill passed the Senate.
Mr. Bradley's bill [S. 95] to amend section three hundred and three of the the general practice act (concerning answering and propounding interrogatories) being read the third time--
It was passed the Senate by yeas 28, nays 8.
Mr. Howk's bill [S. 110] to create the 24th Judicial circuit, providing for the election of a Judge and Prosecuting attorney therein, etc. (organizing and creating Criminal Circuit Courts in Floyd and Clarke counties) was read the third time.
Mr. HOWK offered an amendment by unanimous consent, allowing a Criminal court to be established in every city containing a population oi ten thousand or more. He said his counties were peculiarly situated, and the necessity for Criminal Courts in each of them was absolute.
The bill passed its final reading in the Senate by yeas 38, nays 1with an amendment changing the number of the Circuit to twenty-five.
Mr. Bradley's bill [S. 43] to facilitate the making up of the issues in civil cases, being read the third time--
Mr. HANNA and Mr. TURNER objected to its passage. It is an act making the Court clerk a sort of Deputy Judge to act during vacations.
The bill was rejected by yeas 16, nays 25.
Mr. Reynold's bill [S. 54] to authorize and empower cities to establish public parks, was read the third time and laid on the table--its author being absent.
Mr. Bradley's bill [S. 90] to amend the page: 522[View Page 522] thirty-fourth subdivision of section fifty-three of the act repealing all laws in force for the organizations of cities, (concerning wharfage and dockage,) was read the third time.
Mr. BRADLEY asked and obtained unanimous consent to amend the bill in several particulars.
It was then passed the Senate by yeas 36, nays 2.
GRAVEL ROADS.
Mr. Elliott's bill [S. 146] to authorize turnpike companies to construct branch roads, was read the third time.
Mr. ROBINSON of Decatur, explained that it amends section eight of the three-quarter road law of 1865, legalizing branch roads, already constructed, etc.
Mr. BIRD made an ineffectual motion to lay the bill on the table.
Mr. CRAVENS could see no evil that can come from this act.
Mr. RICE was of the opinion that this act is not in very general favor among the people.
Mr. HUGHES understood the last section in this bill legalizes every thing that has been done, and there are not five senators on this floor who know what they are legalizing. They have the right to tax all the land owners within a mile and a half of the road, a power that in his opinion goes to the extent of the right of the General Assembly to delegate sovereign powers to corporate companies. Now they propose to run out branch roads and tax a mile and a half on either side for them. It is understood that there are a good many law suits pending that will be effected by this bill; and it is a matter of some importance. Under that law gravel road companies may tax nearly all the lands in the State. He did not think the legislature ought to authorize them to levy taxes, and to legalize what has already been done, would be an unsafe vote to give. There is a crop of this kind of legislation growing up that will be found hard to harvest.
Mr. GRAY saw nothing wrong in this bill. All the objections raised against this bill can be made to the original act, and if the original act is to stand he was willing to see this bill passed, though opposed to the original act.
The bill passed by yeas 26, nays 18as follows.
YEAS--Messrs. Andrews, Beardsley, Bellamy, Bradley, Case, Church, Cravens, Eliott, Gifford, Gray, Green, Hadley, Hess, Hooper, Howk, Huey, Jaquess, Johnson of Spencer, Johnston of Montgomery, Lee, Rice, Robinson of Madison, Robinson of Decatur, Scott, Stein and Wolcott--26.
NAYS--Messrs. Armstrong, Bird, Denbo, Fisher, Fosdick, Hamilton, Hanna, Henderson, Huffman, Hughes, Kinley, Lasselle, Montgomery, Morgan, Sherrod, Smith and Turner--18.
Mr. Hadley's bill [S. Ill] to amend section sixteen of the Supervisor of Highways act of March 5, 1859, was read third time.
Mr. HADLEY said the bill had been so encumbered with amendments that he thought it ought not to pass.
On his motion it was indefinitely postponed.
Mr. Church's bill, [S. 83] to amend section two of the act declaring the registry of Michigan road land sales evidence, being road the third time--
The bill was passed by yeas 33, nays 5.
Mr. Armstrong's bill, [S. 8] to prevent prize fighting, making it a felony, being road the third time--
It was passed by yeas 41, nays 0.
Mr. Robinson of Madison's bill, [s. 70] to amend the act of May 12, 1852, concerning plank and Macadamized roads, being read the third time--
It was rejected by yeas 16, nays 23.
Mr. Wolcott's bill, [S. 131] to legalize all orders made at Monticello in March 1868, by the Court of Common Pleas then and there held, being read the third time--
It passed the Senate by yeas 37, nays 2.
Mr. Church's bill, [S. 84] to repeal section thirty-one of the act of May 6, 1852, concerning real property and the alienation thereof, being read the third time--
It passed the Senate by yeas 36, nays 0.
THE OMNIBUS UNIVERSITY BILL.
The amendment of the Committee of the Whole to Mr. Hughes' omnibus University bill [S. 197] concerning the sale of University Square, was read by the Secretary.
Mr. HANNA moved a proviso that if said property is sold the proceeds shall ever remain a perpetual fund, and at no time be diminished.
The PRESIDENT pro tem., decided this amendment out of order till the Committee amendments are disposed of.
Mr. JOHNSTON of Montgomery, moved to concur in the committee's amendment with Mr. Hanna's amendment.
Mr. HUGHES spoke against the amendment proposed by the Committee, but in favor of the amendment of Mr. Hanna. He censured Senators for their action toward the State University, and could not understand why it should be singled out in this way, by opposition to all measures proposed for its assistance.
Mr. GREEN could not understand how this bill was continually coming up before the Senate on its second reading when other bills had been a long time on their third reading.
The PRESIDENT pro tem., stated that it was in its proper place on the files.
Mr. FISHER did not admit that Senators were hostile to the University merely because they did not vote all that was asked for it, and page: 523[View Page 523] because they propose to provide for it without paying money out of the treasury.
Mr. HOOPER took the same position, and referred to the fact that Senators who are now accused of hostility to the University, yesterday voted to locate the Agricultural College at Bloomington, when the Senator from Monroe [Mr. Hughes] might have located it there by his own vote. He regretted that he had placed himself in such a position as to prevent his giving that vote.
Mr. HUGHES denied that he had been influenced by any other motives than those of right, and said: the location of the Agricultural College at Bloomington could never be prevented by his vote. Perhaps he might not desire to vote a tax of forty thousand dollars upon one of the poorest counties of the State.
Mr. RICE asked if Monroe county did not want the College?
Mr. HUGHES said they had been asking for it for some time past. If he had changed his vote yesterday, somebody else might have changed also. He believed the object was to defeat the bill, and he had chosen to vote for the bill as originally intended by him.
Mr. ROBINSON of Decatur, regarded this as one of the most irrepressible bills he had ever seen, coming up at all times when least expected. With a view to getting rid of it, he moved the previous question which was seconded by the Senate.
Mr. Hanna's motion to concur in the committee's amendment with his amendment, was then agreed to, by yeas 21, nays 16--as follows:
YEAS--Messrs. Armstrong, Bird, Case, Fisher, Gifford, Gray, Green Hadley, Hanna, Henderson, Hooper, Huey, Huffman, Jaquess, Johnson of Spencer, Johnson of Montgomery, Laselle, Lee, Rice, Robinson of Madison, and Wolcott21.
NAYS--Messrs. Andrews, Beardsley, Bradley, Caven, Cravens, Hamilton, Hess, Howk, Hughes, Kinley, Morgan, Robinson of Decatur, Scott, Smith, Stein and Turner--16.
The Committee amendments to strike out sections two, four, five, six, seven, eight, nine and twelve were agreed to.
The committee amendments to sections ten, eleven and thirteen were agreed to.
The committee amendment to section fourteen appropriating fifty thousand dollars to State Normal School, was concurred in by yeas 26, nays 14--as follows:
YEAS--Messrs. Armstrong, Beardsley, Bird, Bradley, Case, Caven, Church, Cravens, Fisher, Gray, Hamilton, Hooper, Howk, Hughes, Jaquess, Johnson of Spencer, Kinley, Lasselle, Lee, Morgan, Rice, Robinson of Madison, Scott, Stein, Turner and Wolcott--26.
NAYS--Messrs. Andrews, Denbo, Gifford, Green, Hadley, Hanna, Henderson, Hess, Huey, Huffman, Johnston of Montgomery, Robinson of Decatur, and Smith--13.
Mr. HANNA moved to strike out from the enacting clause and insert new matter establishing the Agricultural College at Bloomington in connection with the State University, giving the Trustees of the University the power to sell or lease University Square in Indianapolis, the interest only to be used or the benefit of the University, and repealing the law of 1867, appropriating eight thousand dollars per annum.
Mr. HUGHES offered as an amendment, a proviso accepting the proposition of Messrs. Henderson and Bradley to buy the square providing they would give one hundred thousand dollars.
Mr. ROBINSON of Decatur, did not understand how these amendments were in order, when the bill was on its third reading.
The PRESIDENT pro tem., said it had not been read a third time yet, but was being perfected in order that might be read a third time.
Mr. ROBINSON responded that the bill seemed to be in a sort of parliamentary purgatory, from which it was impossible to remove it.
And then--
The Senate took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The PRESIDENT pro tem., called the Senate to order at two o'clock p. m.
Mr. HUGHES presented an addition to his amendment to the effect that no reclaimation shall be held by Henderson and Bradley on the State for any improvements made on this square or for any expenses of any suits that may be had for the perfection of title.
Mr. HANNA was not certain that the sum proposed was a sufficient price for this University square, but if the acceptance by him of the amendment would give strength to his bill he would accept it as a part of his original bill. He finally consented to accept the amendment for the purpose of testing the sense of the Senate upon the substitute.
Mr. GREEN moved to amend so as to leave with the Governor the power to reject the proposition if the sum should--
Mr. STEIN moved to lay on the table the substitute and pending amendments.
The motion was agreed to by yeas 22, nays 14--as follows:
YEAS--Messrs. Armstrong, Beardsley, Bellamy, Bradley, Case, Caven, Fosdick, Hadley, Hamilton, Hooper, Howk, Hughes, Jaquess, Kinley, Lasselle, Rice, Robinson of Madison, Robinson of Decatur, Scott, Stein, Turner and Wood--22
NAYS--Messrs. Bird, Fisher, Gray, Green, Hanna, Henderson, Hess, Huey, Huffman, Johnson of Spencer, Johnson of Mongtomery, Montgomery, Morgan and Smith--14.
Mr. HANNA moved to indefinitely postpone the bill.
page: 524[View Page 524]Mr. HUGHES wished to call attention to the fact that this motion, if successful would postpone all appropriations to the Normal School for this session, as well as the location of the Agricultural College. The proposition to assist the State University has been killed already. He spoke of the neglect of the State in acting upon the location of the Agricultural College; censuring the Committee on Education and Agriculture for not having reported upon bills before them upon the question. He charged that the Educational Committee had been packed so as to exclude the friends of the University.
Mr. KINLEY said if the Senator from Sullivan would withdraw the motion to indefinitely postpone the bill, he would move to reconsider the vote laying the substitute on the table, and if agreed to, will then move to strike out the section locating the Agricultural College at Bloomington, which will bring about a direct vote on that question.
Mr. HANNA stated that it would not take the Senator from Monroe long to set him against the State University, if he was the only one interested. The Senator comes here impressed with the belief that he carries the University on his shoulders, when in fact it is a State institution. He was, himself, a member of the Committee on Education, and had offered his substitute in good faith. He hurled back the insinuation that he was operated upon in so doing by improper motives. He believed none of the offers by counties to donate money were worth anything. He believed the college should be located in connection with some other institution of learning, and he could not be deterred from favoring its location at Bloomington, merely because the Senator from that county chose to make himself particularly obnoxious to other Senators. He was not to be driven from his position in favor of the State University, but would accept the proposition of the Senator from Wayne [Mr. Kinley.]
Mr. KINLEY then moved to reconsider the vote on Mr. Hanna's substitute.
Mr. STEIN moved to lay the motion to reconsider on the table.
This motion was agreed to by yeas 23, nays 18--as follows:
YEAS--Messrs. Armstrong, Beardsley, Bradley, Case, Caven, Church, Fosdick, Green, Hadley, Hamilton, Hooper, Howk, Hughes, Jaquess, Lasselle, Rice, Robinson of Madison, Robinson of Decatar, Scott, Sherrod, Stien, Turner and Wood--23.
NAYS--Messrs. Bellamy, Bird, Cravens, Denbo, Fisher, Gifford, Gray, Hanna, Henderson, Hess, Huey, Huffman, Johnson of Spencer, Johnston of Montgomery, Kinley, Montgomery, Morgan and Smith--18.
Mr. HANNA renewed his motion to indefinitely postpone the bill.
This motion was rejected by yeas 15, nays 26.
Mr. HADLEY moved to strike out sections sixteen and seventeen of the bill, referring to the location of the Agricultural College.
Mr. FISHER moved to strike out section sixteen and substitute therefor a section locating the Agricultural College at Bloomington, in connection with the State University.
Mr. KINLEY asked for a division of the question.
The Senate agreed to strike out section sixteen, locating the College at the Battle Ground by yeas 24, nays 17--as follows:
YEAS--Messrs. Bellamy, Bird, Caven, Cravens, Fisher, Fosdick, Gifford, Gray, Green, Hadley, Hanna, Henderson, Hess, Hooper, Huey, Huffman, Jaquess, Johnson of Spencer, Johnston of Montgomery, Kinley, Lasselle, Morgan, Rice and Robinson of Decatur--24.
NAYS--Messrs. Armstrong, Beaedsley, Bradley, Case, Church, Denbo, Hamilton, Howk, Hughes, Montgomery, Robinson of Madison, Scott, Shrrod, Smith, Stein, Turner and Wood--17.
The proposition locating the Agricultural College at Bloomington, was rejected by yeas 16, nays 25--as follows:
YEAS--Messrs. Armstrong, Beardsley, Bellamy, Bird, Church, Cravens, Fisher, Fosdick, Gifford, Hooper, Howk, Hughes, Laselle, Morgan, Rice and Stein--16.
NAYS--Messrs. Bradley, Case, Caven, Denbo, Gray, Green, Hadley, Hamilton, Hanna, Henderson, Hess, Huey, Huffman, Jaquess, Johnson of Spencer, Johnston of Montgomery, Kinley, Montgomery, Robinson of Madison, Robinson of Decatur, Scott, Sherrod, Smith, Turner and Wood--25.
THE CUMBACK-BAKER CORRESPONDENCE.
Mr. HUGHES called up the special order for the this hour--being the consideration of his motion to reconsider the vote of January 18, by which the resolutions of censure of the Lieutenant Governor were passed.
Mr. SCOTT demanded the previous question.
Mr. HUGHES moved to lay his motion to reconsider on the table.
Mr. GRAY demanded a call of Senate.
It was ordered and being taken, forty Senators answered to their names.
Mr. JOHNSON of Spencer, moved that the absentees be sent for.
Mr. FISHER moved that further proceedings under the call be dispensed with.
This motion was agreed to by yeas 21, nays 20.
The motion to lay the motion to reconsider on the table was rejected by yeas 19, nays 23--as follows:
YEAS--Messrs. Beardsley, Bird, Bradley, Cravens, Denbo, Fisher, Fosdick, Hanna, Henderson, Hooper, Howk, Huey, Hughes, Johnston of Montgomery, Kinley, Montgomery, Morgan, Stein, and Turner--19.
NAYS--Messrs. Armstrong, Bellamy, Case, Caven, Church, Gifford, Gray, Green, Hadley, Hamilton, Hess, Huffman, Jaquess, Johnson of Spencer, Laselle, Rice, Robinson of Madison, Robinson of Decatur, Scott, Sherrod, Smith and Wood--23.
page: 525[View Page 525]Mr. SCOTT demanded the previous question.
The Senate seconded the demand, and under its operation the motion to reconsider was rejected by yeas 20, nays 21--as follows:
YEAS--Messrs. Armstrong, Bellamy, Case, Caven, Church, Gifford, Gray, Green, Hadley, Hamilton, Hess, Huffman, Jaquess, Johnson of Spencer, Rice, Robinson of Madison, Robinson of Decatur, Scott, Smith and Wood--20.
NAYS--Messrs. Beardsley, Bird, Bradley, Cravens, Denbo, Fisher, Fosdick, Hanna, Henderson, Hooper, Howk, Huey, Hughes, Johnston of Montgomery, Kinley, Laselle, Montgomery, Morgan, Sherrod, Stein and Turner--21.
Pending the roll call--
Mr. GREEN, when his name was called, said: The vote I am about to give may seem inconsistent to some, but it is not in my judgment. I look at it in the nature of granting a new trial. The resolution may be amended so as to change their aspect in such case. I should be governed by own judgment, as I was when I voted for the original resolutions, but as there is some dissatisfaction about the matter I am willing the vote may be reconsidered and take another vote on the resolutions.
Mr. SHERROD, when his name was called, said: he voted for these resolutions with facts all before him, and would be glad if he could vote for this motion to reconsider and do justice to himself. We must necessarily consume a great deal of the time of the Senate if this motion is agreed to; the session is rapidly drawing to a close, therefore he voted "no."
Mr. GIFFORD withheld his vote until after the roll call, and then said, for the reason that there is an attempt made to make this a party question and to give no higher consideration to the vote given by members of the Democratic party he should vote in favor of allowing the friends of the party accused an opportunity, if they should be able, to make a change in the character of this vote. He was not prepared to cast any other vote on these resolutions than the one before when they were passed, but he voted "aye" now because it is aimed to make it a party question.
So the motion to reconsider the vote of censure of January 18, was rejected.
The PRESIDENT pro tem., stated in reply to an inquiry from Mr. Hughes, that under the operation of rule number twenty-eight, the Senate is rid of this question for the balance of the session.
OMNIBUS UNIVERSITY BILL.
Mr. SCOTT moved to reconsider the vote by which the Senate refused to locate the Agricultural College at Bloomington.
Mr. ROBINSON of Madison, moved to lay en the table.
The motion was agreed to by yeas 20, nays 18.
A substitute for section sixteen was submitted by Mr. Jaquess, proposing to give the Agricultural College fund to the Asbury University, conditioned that an Agricultural College shall be located at Greencastle with no future charge to the State, etc.
Mr. HANNA called the attention of the Senate to the fact that the authorities of Putnam county were offering one hundred thousand dollars for the location of Agricultural College in that county.
Mr. JOHNSTON of Montgomery, moved to lay the substitute on the table, but withdrew for--
Mr. HADLEY, who sent up and had read the official papers communicating this offer of one hundred thousand dollars from the County Commissioners of Putnam county for the location of the Agricultural College in that county.
Mr. JOHNSTON of Montgomery, renewed his motion to lay the substitute on the table.
Mr. CAVEN desired that all the propositions made for this location shall be read, and stated that Marion county had some three propositions, two of which had not been laid before the Senate.
The motion to lay the substitute on the table was agreed to by yeas 30, nays 13.
Mr. HADLEY offered a substitute for section sixteen, accepting the donation of the Commissioners of Hancock County, for the location of the Agricultural College at Greenfield.
On motion by Mr. HOOPER, the substitute was laid on the table by yeas 33, nays 10.
Mr. KINLEY moved that the bill be referred to a select committee of five, with instructions to amend the bill so as to provide that the State Board of Agriculture shall locate the Agricultural College.
Mr. HUGHES moved that the bill and pending amendment be laid on the table.
The motion was rejected by yeas 21, nays 22--as follows:
YEAS--Messrs. Andrews, Beardsley, Bellamy, Bird, Caven, Denbo, Fisher, Gray, Green, Hadley, Henderson, Howk, Huey, Huffman, Hughes, Johnston of Montgomery, Lasselle, Montgomery, Smith, Stein and Turner--21.
NAYS--Messrs. Armstrong,Bradley, Case, Church, Cravens, Eliott, Fosdick, Gifford, Hamilton Hanna, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Morgan, Rice, Robinson of Madison, Robinson of Decatur, Scott, Sherrod and Wood--22.
Mr. CHURCH moved to amend Mr. Kinley's instructions by directing the committee to report a bill locating the Agricultural College in connection with the State Normal School.
Mr. FISHER hoped this duty would not be imposed upon the State Board of Agriculture. If the Senate cannot locate this institution, let it go by default.
page: 526[View Page 526]Mr. HUGHES plead for the location of the Agricultural College this session. It is a great shame to the state that it has not been located long since.
Mr. TURNER suggested that the Senate proceed to vote for its location and drop the place having the lowest number of votes every ballot till there are but two competing, unless a majority, and unite upon a place before them.
Mr. HUGHES would prefer it were located in one of the extreme counties of the State, rather than not locate it at all this session. He spoke of the present condition of the bill, and in favor of perfecting it. The Senate could certainly locate the College, it is a disgrace to the State and to the Republican party, which has had it in charge for four years. It might be necessary yet for the Democrats to come to the rescue in a body, and locate it. He urged that the Senate ballot upon the question. He did not understand that Bloomington was out of the list by the action on the proposed amendment.
Mr. JOHNSTON of Montgomery, was satisfied now that this Agricultural College should be located at Bloomington, in connection with the State University.
Mr. KINLEY urged reasons why this location question should be left with the State Board of Agriculture.
Mr. TURNER had learned from a member of the State Board of Agriculture that this question had been debated in the Board, and that the Board had decided where they would locate it if the power was lodged with them.
Mr. KINLEY was willing to substitute any other Board for the State Board of Agriculture.
Mr. GRAY believed the bid made by Greenfield was the best bid yet made. He had voted in good faith and was disposed to vote this week out for a location, but after that would oppose its location at all.
Mr. HAMILTON was ready to locate the college anywhere, though his preference was for the Battle Ground.
Mr. CHURCH withdrew his amendment.
Mr. HANNA offered a substitute for section sixteen, placing the fund for the present under the care of the Board of Trustees of the State University for the establishment of an agricultural department in the College at Bloomington, and accepting the donation of fifty thousand dollars from the Commissioners of Monroe county, the eight thousand dollar appropriation from the State to cease after 1871.
Mr. KINLEY withdrew his motion to refer.
Mr. GRAY made an ineffectual motion to lay the substitute on the table.
Mr. TURNER demanded a call of the Senate, and it being ordered and taken, forty-one Senators answered to their names.
Mr. HOOPER moved to dispense with further proceedings under the call.
This motion was agreed to by yeas 25, nays 16.
The motion to lay Mr. Hanna's substitute on the table was agreed to by yeas 18, nays 22--as follows:
YEAS--Messrs. Andrews, Bradley, Case, Caven, Eliott, Gray, Green, Hadley, Hamilton, Henderson, Hess, Jaquess, Kinley, Robinson of Madison, Robinson of Decatur, Stein, Turner and Wood--18.
NAYS--Messrs. Armstrong, Beardsley, Bellamy, Bird, Church, Cravens, Denbo, Fisher, Fosdick, Gifford, Hanna, Hooper, Howk, Huey, Huffman, Johnson of Spencer, Johnston of Montgomery, Lasselle, Montgomery, Morgan, Rice, Scott and Smith--22.
Mr. JAQUESS moved to postpone the furtherer consideration of this bill till Monday next at half-past two o'clock p. m.
This motion was rejected by yeas 15, nays 24.
Mr. HANNA demanded the previous question.
It was seconded by the Senate, and under its operation the substitute of Mr. Hanna was agreed to by yeas 22, nays 19 as follows:
YEAS--Messrs. Andrews, Armstrong. Beardsley, Bird, Cravens, Denbo, Fisher, Fosdick, Gifford, Hanna, Henderson, Hooper, Howk, Huey, Huffman, Johnson of Spencer, Johnston of Montgomery, Lasselle, Montgomery, Rice, Scott and Smith--22.
NAYS--Messrs. Bellamy, Bradley, Case, Caven, Church, Eliott, Gray, Green, Hadley, Hamilton, Hess, Jaquess, Kinley, Morgan, Robinson of Madison, Robinson of Decatur, Stein, Turner and Wood--19.
The other part of Mr. Hughes motion to strike section seventeen was agreed to.
Mr. JOHNSTON of Montgomery, moved to amend section fourteen by striking out "eighty thousand dollars," and inserting "thirty-five thousand dollars" as the appropriation to the State Normal School.
On motion by Mr. GRAY, this amendment was laid on the table, by yeas 28, nays 10.
On motion by Mr. FISHER the bill was ordered engrossed for the third reading tomorrow.
THE BAKER-CUMBACK CORRESPONDENT.
Mr. ELLIOTT asked leave to record his vote in favor of reconsidering the vote adopting the resolutions of January 18, censuring the Lieutenant Governor.
The PRESIDENT pro tem., announced that the recording of the Senator's vote would change the vote so as to throw the responsibility of a casting on the Lieutenant Governor.
Mr. ELLIOTT said he was not here in the early part of the afternoon, on account of sickness.
page: 527[View Page 527]Mr. FISHER did not see anything to be gained by the recording of the Senator's vote.
Mr. RICE contended that it would make a tie and not change the result, and that it was a question of right for the vote to be recorded.
Mr. FISHER said the Senator had no right to record his vote unless he was within the bar at the time his name was called.
Mr. ROBINSON of Madison, moved that the Senator have the right to record his vote.
The PRESIDENT pro tem., decided that motion out of order.
Mr. RICE moved that when the Senate adjourn, it be till ten o'clock to-morrow.
Mr. HANNA moved ineffectually to change the hour till Monday at two o'clock p. m.
Mr. HANNA moved to lay the motion of Mr. Rice on the table.
Mr. JOHNSTON of Montgomery, moved that the Senate adjourn.
The latter motion was agreed to.
And then--
The Senate adjourned till nine o'clock a. m. to-morrow.
