THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, March 2, 1869.The Senate met at ten o'clock, a. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
On motion by Mr. JOHNSON of Spencer, the Secretary's journal of yesterday's proceedings was not read.
On motion by Mr. SMITH the Senate Committee amendments to the twenty-first and twenty-second Judicial Circuit Court bill [H. R. 11] were taken up and considered.
Mr. LASSELLE moved to reject the Committee amendment proposing to attach Pulaski and Starke counties to the eleventh Judicial District, which gave rise to a discussion, participated in by Messrs. Lasselle, Smith, Bradley, Church, Armstrong, Hooper, Fisher and Stein.
Mr. Lasselle's amendment was rejected. He offered another striking out Starke county, which was also rejected.
Mr. ARMSTRONG moved to amend by striking out "Pulaski and Starke," and inserting in lieu "Howard" county.
Mr. ROBINSON of Madison, and Mr. CHURCH, resisted this amendment.
It was rejected.
Mr. HOOPER offered an amendment, striking out "Whitley and Kosciusko" wherever they occur in the bill.
This being an amendment to the bill--
The LIEUTENANT GOVERNOR decided it out of order.
Mr. FOSDICK demanded the previous question, which was seconded by the Senate, and under its operation, the committee amendments were adopted.
Mr. FISHER moved to further suspendthe order of business, that the bill may be read the second time now.
This motion was agreed to, and the bill was read the second time.
Mr. HOOPER renewed his amendment to strike out "Whitley and Kosciusko" wherever they occur in the bill, and spoke in opposition to the bill.
The amendment was agreed to upon a division--affirmative 18, negative 16.
Mr. FISHER moved to refer the bill to a select committee, to make it embrace but one new circuit.
The motion to refer was agreed to.
Mr TURNER moved to suspend the regular order and take up the bill, [S. 255] as an act of gallantry to a lady here awaiting action thereon. He knew nothing of the merits of the bill, but thought it proper to consider it at once.
The motion was agreed to, and the bill, [S. 255] to save pending suits at the time of the taking effect of an act to repeal sections forty-three and forty-four of an act declaring who may make a will, etc., approved December 31, 1855, was read the third time.
Mr. HUGHES asked and was excused from voting, as he was counsel in the case which this bill will affect.
The bill was passed the Senate, by yeas 36, nays 6.
FEES AND SALARIES.
The LIEUTENANT GOVERNOR announced the order pending the adjournment yesterday--the committee's substitute for the fee and salary bill, [S. 217]the question being on the substitute identical with Mr. Henderson's bill, [S. 160,] and submitted by Mr. Henderson yesterday.
The substitute was rejected.
page: 572[View Page 572]The committee's substitute having been read--
Mr. DENBO would favor any law to cut off constructive fees.
Mr. HANNA regarded the principle of the bill as the correct one, and believed the schedule was the right one for officers who act honestly.
Mr. SCOTT moved to amend by providing that retiring officers shall be liable to the provisions of this bill, but the incoming officer shall retain ten per cent. of old fees collected through him.
Mr. CARSON thought there might be separate provision made for the payment of county officers.
Mr. GREEN stated that the session was nearly closed, and that the people demand some change. He believed this bill much better than none at all on this subject although he had preferred the former bill.
Mr. KINLEY demanded the previous question and it was seconded.
The amendment [Mr. Scott's] was agreed to.
The Committee's substitute as amended was also agreed to.
On motion by Mr. KINLEY the rules were suspended that the bill may be read the third time now--yeas 39, nays 5.
Mr. CARSON asked, but failed to obtain consent to offer an amendment guarding the bill, so that no officer shall have any fee except as in the bill.
Mr. LASSELLE asked, but failed to obtain consent, to offer an amendment that fees until the first day of June, shall be appropriated as they are now.
The bill being read the third time--
Mr. HANNA proposed to fill a blank in the bill.
Mr. HUGHES objected. He regarded the bill as imperfect and crude, and spoke of some defects which he regarded as important. He did not like to see bills pressed forward in this way under the operation of the previous question and suspension of the rules. He subsequently withdrew his objection.
Mr. GRAY referred to the bills which had been passed thus far, nearly all of them being for some local changes, but when it is desired to suspend the rules for bills in which the people are interested, there are objections made.
On motion by Mr. KINLEY the blank was filled with "January 1."
And then--
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR commanded order at two o'clock p. m.
Mr. STEIN presented a proposition from Hon John Purdue to contribute one hundred thousand dollars in cash, on conditions stated in the words following:
I am authorized to inform the Senate that John Purdue, Esqr., of Lafayette, Indiana, will, out of his own purse, contribute one hundred thousand dollars cash, in addition to the moneys and propererty already offered by Tippecanoe county, and two associations in said county for the use and benefit of the Agricultural College, provided the same is located at the Battle Ground, and shall, by law, have his surname identified with the corporate name of the College.
JOHN A. STEIN, Senator from Tippecanoe county.
It was read and referred to the Joint Committee on Education and Agriculture.
Mr. CRAVENS, by leave, introduced a bill [H. R. 305] supplemental to an act to provide a residence for the Governor, approved February 25, 1865, and to repeal the sixth section of said act.
It was read the first time and referred to the Committee on the subject of the Gubernatorial Mansion.
FEES AND SALARIES.
The order pending at the recess for dinner, coming up--the fee and salary bill--it was passed the Senate by yeas 30, nays 13--as follows:
YEAS--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Bird, Carson, Case, Caven, Church, Elliott, Fosdick, Gifford, Gray, Green, Hamilton, Hanna, Henderson, Hess, Huey, Huffman, Jaquess, Johnson of Spencer, Kinley, Lasselle, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Wolcott and Wood--30.
NAYS--Messrs. Bradley, Cravens, Denbo, Fisher, Hooper, Howk, Hughes, Johnson of Montgomery, Lee, Montgomery, Rice, Smith, Stein and Turner--14.
Mr. HUGHES subsequently entered his protest against the way of passing bills before their engrossment, especially after amendment and obtained leave to record his vote against this bill.
SENATE BILLS PASSED.
On motion by Mr. STEIN, the regular order of proceedings were dispensed with, and the Senate bills, on the final reading, taken up.
Mr. Wolcott's bill, [S. 64] authorizing voluntary associations, formed under the act of February 12, 1855, to acquire title to lands heretofore used as burial places, coming up, it was read the third time, and passed, by yeas 38, nays 4.
Mr. Kinley's bill, [S. 50] providing for the collecting of forfeited recognizances, was read the third time and passed the Senate by yeas 35, nays 9.
PUBLIC PARKS.
Mr. Reynold's bill, [S. 54] to authorize cities and towns to acquire title to lands for public parks was read the third time.
Mr. HUGHES asked and obtained consent to add a proviso that the provisions of this act shall not apply to any State lands, or lands set apart for educational purpose.
Mr. CARSON asked, and obtained leave, to add a provision that the Common Council may sell such lands when they are no longer need page: 573[View Page 573] ed for such purposes, except as herein provided.
Mr. HUGHES saw no particular objection to this bill, nor was he specially in favor of it.
Mr. GRAY objected to taking property without the owner having a say about it, as is proposed in this bill.
Mr. BRADLEY, speaking for his friend, the author of the bill, stated that it proceeded upon the principle which is the foundation of all similar acts, viz; that private property may be condemned for public uses, and argued in favor of the passage of the bill.
Mr. CARSON demanded the previous question, and under its operation--
The bill was rejected by yeas 16, nays 28.
Mr. HUGHES entered a motion to reconsider the vote just taken.
Mr. GRAY moved to lay this motion on the table.
The latter motion was rejected by yeas 3, nays 41.
SENATE BILLS ON THE THIRD BEADING.
The bill [S. 152] to amend section two of the wild game law, was read the third time and rejected by the Senate--yeas 19, nays 28.
The bill [S. 239] authorizing the classification of directors of railroad companies, was read the third time and finally passed the Senate--yeas 40, nays 5.
DRAINAGE OF WET LANDS.
Mr. Bradley's bill [S. 134] to encourage the construction of drains, etc was read the third time.
Mr. ROBINSON of Madison, called attention to the fact that this bill would repeal the best law we have on the subject of drainage.
Mr. BRADLEY insisted that the Senator from Madison was mistaken; this bill does not effect the law referred to.
Mr. FISHER objected to the corporate power embraced in the bill.
Mr. CHURCH stated another objection in connection with the appraisement and collection of taxes on land affected. He would not object after the work was done to have the assessments levied and collected, but the assessment and payment to carry out some project that might not benefit the property holders, he did object to. This was a dangerous power to delegate to corporations.
Mr. SCOTT asked, but failed to obtain consent to guard the bill by an amendment.
Mr. TURNER'S constituents were anxious to have a similar bill passed, though he had some objection the repealing clause.
Mr. CARSON regarded this bill as an important one, and as one which would encourage the drainage of the large Kankakee country in the northwest quarter of the State. He hoped the bill would receive the consideration its importance demands, and that it would be passed by the Senate and ultimately become a law of the State.
Mr. FISHER urged other objections--there is no security that any benefits will accrue to the parties paying the tax, and they have no voice in the assessments.
Mr. HUGHES objected to the perfection of bills on the third reading--it is a habit growing too fast on the Senate and should be stopped. He demanded the previous question.
The Senate seconded the demand for the previous question, and under its operation--
The bill was rejected, by yeas 13, nays 21.
Mr. CARSON moved to reconsider the motion by which the bill failed.
The motion was agreed to.
Mr. CARSON moved to recommit the bill, with instructions to strike out the repealing cluase. The motion was agreed to.
SENATE BILLS PASSED.
The bill [S. 211] defining what counties shall constitute the Eighth Judicial Circuit, was read the third time and passed, by yeas 29, nays 14.
The bill [S. 223] appropriating fifteen thousand dollars for the completion of the building occupied by the State officers, was read the third time and passed, by yeas 34, nays 9.
Mr. Stein's bill [S. 161] to provide for the organization of saving banks was read the third time and passed, by yeas 36, nays 7.
The [S. 238] amending section two hundred of chapter one, of the general practice act of June 18, 1852, was read the third time and passed, by yeas 40, nays 2.
CODIFICATION OF THE LAWS.
Mr. Lasselle's bill [S. 159] to revise and codify the laws of the State was read the third time.
Mr. CARSON moved for consent to amend by appropriatingly inserting the words "at the rate of six thousand dollars per annum."
Mr. LASSELLE proposed to fill the blank with "ten dollars per day."
This amendment was agreed to upon a division--affirmative 22, negative 18.
The pay of the Secretary was fixed at five dollars per day on Mr. LASSELLE'S motion.
Mr. HANNA was convinced the bill was imperfect, and pointed out objections which he regarded as fatal. He would prefer that the revising commissioners should be selected from members of the Legislature, that they may have a voice on the floor to explain the connections in the complication.
Mr. HUGHES was of the opinion that private industry supercede any such work by State Commissioners. Better leave these things to the law of demand and supply.
Mr. CARSON insisted that our whole jhdicial system was imperfect, and that a commis page: 574[View Page 574] sion of jurists could propose such an economical and perfect system as might be adopted by the General Assembly. When the evils grow out of special legislation should be remedied, and the question of fees and salaries should receive attention. No Legislature can correct these evils in the short space of sixty days, and he saw no better way of accomplishing the desired end than by the enactment of a law similar to the one proposed in this bill.
Mr. HANNA opposed the bill because he did not want to grant legislative powers to those Commissioners, on the score of economy and for other reasons.
Mr. FOSDICK demanded the previous question, and under its operation--
The bill was rejected by yeas 11, nays 30.
UNAUTHENTICATED RECORDS.
The bill [S. 234] to legalize the acknowledgments of certain recorded instruments not duly authenticated, was read the third time.
Mr. BRADLEY objected to making record evidence in this way.
Pending the question, shall the bill pass?
On motion by Mr. STEIN, it was--
ORDERED, That when the Senate adjourn it adjourn till ten o'clock to-morrow morning.
And then--
The Senate adjourned till ten o'clock a. m. to-morrow
