THE BREVlER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, February 27, 1869.The Senate was called to order at 9 o'clock, a. m., pursuant to adjournment, the President pro tem., John R. Cravens, in the chair.
The Secretary's journal of yesterday was being read when
On motion of Mr. CHURCH, the further reading thereof was dispensed with.
PETITIONS ETC.
Were presented and referred to appropriate committees as follows:
Mr. KINLEY presented a temperance petition from citizens of Washington county.
Mr. KINLEY also presented the following petition signed by eight hundred and forty women (of the eight hundred and forty-three to whom it was presented,) most of them residing in Rush County, and all of them over fifteen years of age:
To the Senate and House of Representatives of the State of Indiana:
In view of the increasing spread of unchased conduct, and the anxiety we feel for the thousands of our sisters and brothers who are falling victims thereto, we, the undersigned do pray your honorable body to enact a law prohibiting houses of prostitution within our State; and punishing adultery and fornication under all circumstances, without regard to sex, with suitable provisions for the detection and conviction of offenders.
It was referred to a select committee, which the President pro tem. made to consist of Senators Kinley, Hess and Caven.
Mr. CAVEN presented a proposition from Gustavus Schurman, bidding for the location of the Agricultural College, one forty acre tract of lands adjoining the city, or another tract of twenty acres fronting on twelfth street.
Mr. MONTGOMERY presented a petition from citizens of Pike county, praying for a Homoepathic Department in the proposed Medical College.
REPORTS FROM COMMITTEES.
Mr CASE from the Committee on County and Township Business, returned the bill [S. 264] supplemental to the act requiring surviyving partners to file inventories and appraisements, recommending its passage.
TURNPIKE AND GRAVEL ROAD ASSESSMENTS.
Mr. HOOPER from the Committee on County and Township Business, reported a substitute for the bills S. 198 and 214, authorizing the assessment of lands for plank, gravel and macadamized road purposes, which was read. This substitute the Secretary numbered S. 295, as though it were a new bill.
Mr. FISHER moved to strike out the proviso which prohibits the operation of the act in town limits.
Mr. ANDREWS moved to amend so that property inside of town corporation limits shall not be taxed higher than lands on the line of the road.
Mr. BIRD moved to refer the bill and pending amendments to a select committee of five--that proper guards may be thrown around it.
Mr. ROBINSON of Decatur, moved to amend the motion to refer by instructing the committee to report the bill back on Monday.
Mr. GREEN thought that those who desired the present law amended had better strike for this bill. It requires a majority of the freeholders along the line to vote for an assessment before it can be made.
Mr. HADLEY opposed the reference, as he feared it would be the end of the bill. He was very anxious that it be put through at once.
page: 538[View Page 538]Mr. FISHER did not believe a better bill could be produced by refering to a select committee.
Mr. BIRD spoke of other amendments being necessary, one of these being a requirement that an estimate be made, and exhibits from time to time.
Mr. RICE stated that this was provided for by the present bill, and permits no assessment for repairs. He demanded the previous question on the motion to refer.
The demand was seconded, and under its operation--
The motion to refer was rejected.
Mr. HUGHES claimed that the consideration of the bill was not properly before the Senate at this time, reports from committees being in order. The bill should go upon the files.
The PRESIDENT pro tem., stated that this bill occupies an anomalous situation and that the question was upon the adoption of this report made by the committee.
Mr. HUGHES further objected, and stated that this practice would leave a large number of reports in the hands of the committees at the close of the session.
The PRESIDENT pro tem. put the question to the Senate, whether the bill should be further considered now, which was decided in the affirmative.
Mr. SCOTT demanded the previous question on the amendments, and the demand was sustained by the Senate.
The amendment of Mr. Andrews was rejected.
Mr. ROBINSON of Decatur, submitted an amendment providing that the amount of assessment on two roads should not exceed the amount which would be made on one road.
Mr. CRAVENS spoke of the importance of this bill. He had been the means, indirectly, of oppressing his own constituents, and he knew of no law which had created so much feeling as this one. Much of the objection to it had grown out of the abuse of the authority of the law. He believed that the committee had come as near making the bill a perfect one, considering all the difficulties, as he had ever seen done. He had himself favored the limitation to the assessment to one road. The committee had seen fit to extend it to two roads. The proviso of Mr. Robinson he regarded as impracticable, unless the two roads should be built at the same time.
Mr. HUGHES spoke upon the general subject, stating that every evil which he predicted two years ago, in connection with this law had come to pass. He believed it unconstitutional at the time, but the Supreme Court had managed to get out a decision sustaining it. The same zeal which had carried it through the Legislature had taken it through the courts also. He demanded the previous question, and it being seconded by the Senate--
The amendment [Mr. Robinson of Decatur's] was rejected by yeas 20, nays 21--as follows:
YEAS--Messrs. Bird, Case, Caven, Denbo, Eliott, Fosdick, Gifford, Hadley, Hanna, Henderson, Huey, Hughes, Jaquess, Montgomery, Morgan, Robinson of Decatur, Sherrod, Smith, Stein and Turner--20.
NAYS--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Bradley, Church, Cravens, Fisher, Gray, Green, Hamilton, Hess, Hooper, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Scott, Wolcott and Wood--21.
The amendment to the amendment was rejected.
The amendment to strike out the proviso was agreed to upon a division--affirmative 22, negative not counted.
Mr. HADLEY moved, ineffectually, to strike out the words "and maintenance" in section three.
Mr. HUGHES made an ineffectual motion to print the bill.
Mr. RICE had given much thought to this bill and took great interest in it. He would rather have the old law than this bill with the amendments.
Mr. GEEEN felt that the bill had received a fatal stab by the striking out of the proviso.
Mr. CRAVENS was deeply interested in this bill, the more so because in voting for the act of 1867, he had innocently placed a burden upon a great portion of his constituency, as well as upon citizens of other portions of the State, principally, perhaps, because the provisions of the law had been abused. He declared the proposed amendment (Mr. Robinson of Decatur's) wholly impracticable, and gave reasons. He desired to improve as far as possible, the defects in the old law.
Mr. HUGHES had a strong disposition to oppose this measure, because previous legislation has warned Senators not to make haste in this gravel road law question.
The bill was ordered to be engrossed for the third reading, by yeas 25, nays 16--as follows:
YEAS--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Caven, Church, Cravens, Eliott, Fisher, Gray, Green, Hadley, Hamilton, Henderson, Hess, Hooper, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Scott, Stein, Wolcott and Wood--25.
NAYS--Messrs. Bird, Bradley, Case, Denbo, Fosdick, Gifford, Hanna, Huey, Hughes, Jaquess, Montgomery, Morgan, Robinson of Decatur, Sherrod, Smith and Turner--16.
REPORTS FROM COMMITTEES.
By Mr. BELLAMY, from the Committee on Education, returning the bill, [S. 150] defining the Common School system of the State, with amendments recommending its passage.
By Mr. JOHNSON of Spencer, from the special Committee on Fees Salaries, returning the bill, [H. R. 83] to amend sections sixteen, page: 539[View Page 539] seventeen and eighteen of the act fixing the fees of county officers, recommending that it lie on the table, the Committee prefering the Senate bill on the same subject.
By Mr. WOOD, from the Committee on Education, returning the bill [H. R. 46] to legalize the sale of Seminary lands in Jasper county, recommending its passage.
By Mr. STEIN, from the Committee on the Organization of Courts, returning the bill, [S. 52] creating the Twenty-second and Twenty-Judicial Circuits, recommending that it lie on the table.
By Mr. ROBINSON of Madison, from the Committee on the Judiciary, returning the bill, [S. 278] concerning appeals in cases of contempt, with amendment.
These reports were severally concurred in.
GOVERNOR'S RESIDENCE.
A report from the Committee on Public Buildings was submitted by Mr. Bellamy, embodying a substitute for Senate bill 257, favorable to the purchase of L. W. Hasselman's residence for an Executive Mansion, and appropriating ninety thousand dollars therefor.
Mr. CRAVENS, as a test vote, moved to lay this substitute on the table, but immediately withdrew it at the suggestion of several Senators to admit debate.
Mr. WOLCOTT said the proprietor contemplated visiting Europe, and in conversation with that gentleman he understood that this property could be purchased for seventy thousand dollars. The Governor said the salary of that office would not justify the keeping up of such an establishment. For these reasons he opposed either buying or building an expensive house for an Executive Mansion.
Mr. TURNER regarded it as economical on the part of the State to purchase a residence for the Governor instead of building one even though the State should pay several thousand dollars more than a suitable property is worth. Building commiteees are always extravagant in the outlay of money, and sometimes they go in partnership with contractors and divide the profits.
Mr. HANNA did not want such a fine house as this purchased for Democratic Governors, because, as a general thing, they do not have the money to carry on such an establishment, and the Democratic party is sure to come in power after the present Governor's term of office expires.
Mr. GREEN objected to this substitute for the reasons suggested by Mr. Wolcott, and he thought we might so embarrass the people that the Democrats might get a little Governor in the big house.
Mr. LASSELE moved that the subject be recommitted to the Committee with instructions to report a bill for the erection of a Governors residence on the Circle to cost not exceeding fifty thousand dollars. He earnestly called attention to this as being the most feasible proposition yet submitted for the consideration of the Senate.
Mr. HOOPER was in favor of building, but doubted whether the Circle was the proper place. The building proposed to be purchased in this bill would be an elephant on our hands. The Governor could not begin to furnish that building and maintain it as it ought to be with the present salary. The rooms in the building are too small and the house is not well adapted to a Governor's residence.
Mr. RICE moved to indefinitely postpone the bill and pending amendments.
Mr. SHERROD opposed the building of an Executive Mansion, and thought with slight alterations the Hasselman building would be admirably adapted to the uses of a Governor's residence. It is due to that officer to place him in a building that will be a credit to the State.
Mr. GRAY understood that the Governor did not desire to occupy this residence even if the State should purchase it; therefore, he opposed buying this property and compelling the Executive to go in it. He favored the motion to postpone indefinitely the whole subject.
Mr. TURNER, was opposed to building, because he did not want to afford any further opportunities to the city of Indianapolis for stealing. He understood that the Governor did not want the State to build or buy an executive mansion. Evidently his Excellency wanted the five thousand dollars appropriation instead of a residence, paying but eight hundred dollars rent and pocketing the four thousand two hundred dollars difference.
On motion by Mr. ROBINSON of Madison the bill and amendments were laid on the table.
Mr. GIFFORD offered a resolution that when the Senate adjourn it be till Monday two o'clock p. m.
On motion by Mr. HUGHES the resolution was amended by striking out Monday.
REPORTS FROM COMMITTEES.
By Mr. LASSELLE, from the Special Committee on Fees and Salaries, returning the bill [S. 280] to amend section four of the act to authorize the sale of certain real estate, and build a residence for the Governor, recommend its passage.
By Mr. RICE, from the Committee on Corporations, returning the bill [H. R. 65] to amend section fifteen of the act authorizing the formation of manufacturing, mining, or building companies, with an amendment, recommending its passage.
page: 540[View Page 540]By Mr. JOHNSON of Spencer, from a select committee, returning the bill, [S. 228] to create a Department of Insurance, recommending that it lie on the table.
By Mr. MORGAN, from the Committee on Corporations, returning the bill, [S. 286] to amend the act incorporating the Franklin Insurance Company, recommending its passage.
By Mr. RICE, from the Committee on the Judiciary, returning the bill, [S. 293] to amend section thirty-five of the act defining felonies, recommending its passage.
By Mr. SCOTT, from the Committee on the Judiciary, returning the bill, [S. 281] to provide a jurisdiction for any suit concerning the ownership of University Square, with amendments recommending its passage.
By Mr. LASELLE, from the select Committee on Fees and Salaries, returning the bill [H. R. 84] to fix the salaries of the members of the State Board of Education with an amendment, recommending its passage.
These reports were severally concurred in.
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.
REPORTS FROM COMMITTEES.
By Mr. CAVEN, from the Committee on the Judiciary, returning the bill, [S. 288] to change the boundary line between fountain and Warren counties, recommending that it lie on the table.
By Mr. BRADLEY, from the Committee on Rights and Privileges, returning the bill [S. 78] to repeal the eighteenth section of the act regulating descents and the apportionment of decedents' estates, with amendments, recommending passage.
By Mr. BRADLEY, from the same committee, returning the bill [S. 283] to prevent the running at large of bulls, rams and boars, recommending its passage.
By Mr. STEIN, from the Committee on the Judiciary, returning the bill [S. 282] defining the crime of libel, and prescribing punishment therefor, recommending its passage.
These reports were severally concurred in.
BILLS PASSED TO THE FINAL READING.
On motion by Mr. STEIN, the order of business was suspended, and Senate bills on their second reading were taken up.
Mr. Howk's bill, [S. 40] repealing sections forty-four and eighty-two and amending sections eighty-one and one hundred and three of the general practice act, was read the second time and ordered engrossed for the third reading.
Mr. Bellamy's bill, [S. 97] appropriating four hundred and thirteen thousand five hundred and ninety-nine dollars, forty-eight cents to pay the Morgan raid claims, was read the second time and ordered to the engrossment.
Mr. Rice's bill, [S. 211] constituting the Eighth Judicial Circuit, was read the second time and ordered engrossed.
TOWNSHIP AND COUNTY AID TO RAILROADS.
Mr. Stein's bill, [S. 215] authorizing counties to take stock in and make donations to railroad companies, was read the second time. Several committee amendments, including townships in the provisions of the bill, were adopted.
Mr. FISHER moved to recommit the bill, with instructions to strike out all refering to elections, and insert "a petition of a majority of freeholders," etc.
Mr. STEIN cited, a practical difficulty in carrying out such an amendment, and argued in favor of an election as the fairest way of settling such a question.
Mr. GRAY moved to add to the instructions an amendment, striking out the word "counties" wherever it occurs.
Mr. FISHER insisted that petitions could be circulated at a much less expense than an election could be held, and as a general rule, the men who pay no tax will vote for aid to corporations, while the tax payers alone should determine whether such aid should be granted or not. One of the counties he represents, desires such a bill as the one under consideration, and he considered this amendment emminently just and proper.
Mr. HUGHES suggested constitutional objections.
Mr. STEIN replied claiming that this bill was carefully drawn with a view to steer clear of all constitutional objections. He read a brief prepared by a lawyer of ability, with special reference to the constitutionality of this bill, which fully sustained Mr. Stein's view of the question.
Mr. HUGHES contened that the spirit of the constitution intended that county authorities should not touch these corporations except with cash in hand the constitution intended that they should not burden the people with a debt for such purposes. He should oppose this kind of legislation at all times, and warned Senators to pause before they delegate to others the taxing power. The time is not far distant when the people will lay their hand on such of their Representatives as impose these burdens upon them, and send men here who will not legislate so largely in favor of corporations.
Mr. HANNA spoke to the constitutional page: 541[View Page 541] point, and insisted that we cannot pass a law merely for the purpose of evading the constitution. He regarded this species of legislation as the very thing the constitution intended to do away with.
Mr. RICE thought the day had passed when railroads in this State should be built by subscription. He spoke in favor of the pending bill, contending that it would oppress no county and that it was a measure that was much needed. He favored the motion to recommit that the election provision may be done away with, and the petitioning feature substituted therefor.
Mr. JOHNSTON of Montgomery, favored the passage of the bill, giving reasons therefor in the course of his argument. The county he represents and counties adjoining were anxious for the adoption of this measure, and he hoped it would not be rejected by the Senate.
Mr. HUGHES again spoke in opposition to this class of legislation in general and particular.
Mr. STEIN moved to lay the motion to recommit on the table.
This motion was agreed to upon a division--afirmative 17, negative 15.
Mr. GRAY again moved to amend by striking out the word "county" wherever it occurs in the bill.
The amendment was rejected. The bill was then ordered engrossed by yeas 24, nays 11--as follows.
YEAS--Messrs. Andrews, Armstrong, Bellamy, Bird, Bradley, Caven, Church, Cravens, Fosdick, Green, Hess, Hooper, Huey, Jaquess, Johnson of Spencer, Johnston of Montgomery, Morgan, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Truner and Wood--24.
NAYS--Messrs. Beardsley, Case, Denbo, Fisher, Gray, Hadley, Hanna, Hughes, Lasselle, Rice and Smith--11.
Mr. Reynold's bill [S. 241] to amend the charter of the University of Notre Dame Du Lac, was read the second time. The amendment, reducing the amount from three hundred thousand dollars to one hundred thousand dollars, was agreed to.
THE SOLDIERS' HOME.
Mr. Hess' bill [S. 246] to amend sections four, thirteen and fifteen of the Soldier's Home act of March 11, 1867--increasing the salary of Trustees from one hundred and twenty dollars to five hundred dollars a year--was read the second time.
Mr. HUGHES stated that this Institution was created as a temporary one; the State is not yet committed to make it permanent, but if it is to be made a permanent institution at an expense of twenty-five thousand dollars or more a year, now is the time to decide. He desired to know, before any of the amendments were acted upon, what the intention was in relation to the continuance of the institution. If it was to be kept up he was in favor of its being done in no niggardly manner, and should vote for the increase of the salaries to the amount proposed. The State has no more use for it than a wagon has with five wheels, for the General Government has made ample arrangements for the taking care of the disabled invalid soldiers and sailors. There is a chance for this Legislature to show economy in the expenditure of the public funds. With a view of taking a test vote, he desired to move to indefinitely postpone the bill.
Mr. CHURCH had understood that but a portion of the inmates of the Knightstown Home would be received in the Soldiers' Home of the General Government.
Mr. HADLEY was of opinion that the Government Home was conducted on strictly military principles, with daily guard mountings, etc., and that it was not a home in the full sense of the word. Neither would it receive the orphans of soldiers and sailors.
Mr. HANNA stated that this State was providing homes for those who were not disabled--who would not be so considered by the Examining Board of Surgeons which they would have to pass before entering the General Government's Soldiers Home; and in this view of the case Senators were right in saying that the General Government would take care of but a portion of those in the Knightstown Home. This distinction in legislation between citizens and soldiers is a bad line of policy; and with regard to the orphans there can not be a worse thing done than to congregate and bring up children in idleness together. The question is, will the State of Indiana organize a soldiers' and orphans' home? If so there must be more buildings erected, and there is no telling where the expense will cease. He was not an enemy to taking money out of the treasury for the benefit of disabled soldiers where it was necessary, but did object to fastening a heavy burden on the public treasury when there is no pressing need.
The motion to indefinitely postpone was rejected.
Mr. HUGHES moved to lay the bill and pending amendments on the table, and that one hundred copies be ordered for the use of the Senate.
This motion was agreed to.
Mr. BIRD presented a proposition from Susan B. Walpole to sell a residence suitable for the Governor for forty thousand dollars.
Mr. HUGHES presented a similar paper which took the same course.
page: 542[View Page 542]Mr. HUEY offered a resolution that when the Senate adjourn it adjourn till Monday at two p. m.
The resolution was rejected.
On motion by Mr. ROBINSON of Decatur, his Court bill, [S. 290] was read the second time, and ordered engrossed for the third reading.
Mr. ROBINSON of Madison, offered a resolution, that when the Senate adjourn, it adjourn till ten a. m. Monday.
The resolution was adopted.
And then--
On motion, at twenty minutes after five p. m. the Senate adjourned till Monday at ten o'clock, a. m.
