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.
