THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, March 3, 1869.The Senate was called to order at ten o'clock, a. in., pursuant to adjournment, the Lieutenant Governor in the chair.
The Secretary's journal of yesterday's proceedings were being read when
On motion by Mr. Church, the further reading thereof was dispensed with.
SENATE COURT BILLS PASSED.
Mr. ROBINSON of Decatur, asked and obtained consent for the consideration the twenty-sixth Judicial Court bill [S. 290] and it was read the third time.
The passage of'the bill was opposed by Mr. GIFFORD and Mr. BRADLEY.
It was passed the Senate by yeas 38, nays 3.
Mr. DENBO made a motion for suspension of the rules, that his Brown County court bill, [S. 292] may be read the third time now.
Mr. LEE expressed his opposition to the bill and hoped it would not pass.
The motion was agreed to, the bill being read the third time--
It was passed the Senate by yeas 31, nays 12.
SPECIAL ORDER OF BUSINESS.
Mr. HUGHES offered a resolution that the roll be called, and each Senator name one bill which shall be taken up and disposed of--this order to terminate to-morrow at two p. m.
The resolution was agreed to by yeas 36, nays 9.
RAILROAD CONSOLIDATION.
Mr. CRAVENS, from the Committee on Canals and Internal Improvement, submitted a report on the House amendments to his bill, [S. 94] concerning the consolidation of railroads, recommending non-concurrence in sections six, seven and eight, but concurrence in section nine.
On motion by Mr. CRAVENS, the order of business was suspended and the committee's report was concurred in--upon a division, affirmative 20, negative 11.
REPORTS FROM COMMITTEES.
By Mr. ROBINSON of Madison, from the Committee on Elections, returning the bill [H. R. 23] to change the time of holding elections and provide for filling vacancies, recommending its passage.
By Mr. GREEN, from the Committee on Corporations, returning the bill [H. R. 132] to enable cities to aid in the construction of railroads and water works, recommending its passage.
By Mr. GREEN, from the same committee, returning the bill [H. R. 12] to amend section five of the act to provide for the equalization of appraisement of real estate, with an amendment, recommending its passage.
By Mr. BELLAMY, from the Joint Committee on Agriculture, returning the bill [S. 298] to provide for the endowment of the State University, with an amendment changing the appropriation from twenty-five thousand dollars to ten thousand dollars recommending its passage.
These reports were severally concurred in.
Mr. KINLEY made a report from the committee appointed to investigate the Southern State Prison affairs, and in answer to a question by Mr. Hanna, said the report embodied all the evidence taken as far as he knew.
The report is as follows:
Mr. President: The committee to whom was referred the resolution of the Senate requiring them to inquire into the management of the Southern page: 581[View Page 581] State Prison, have made the required investigation, and instructed me to make the following report:
The committee examined a great many witnesses under oath, among them most of the officers, many of the employes, and one of the convicts. Much testimony was contradictory, but the facts as brought out in the testimony, show an amount of corruption, brutality, and crime, and this by the officers and employes of the prison thenselves, which, to say the least, is very discreditable to the parties concerned. Two of the Directors, Meredith and Ghee, have systematically framed our their appointments, the Warden and many of his employes having refused to pay a bonus for the privilege of holding their positions.
Your committee found from the testimony that the guards and other employes had free access to the female convicts; that the treatment of them has been disgusting, lecherous and brutal. Two witnesses refused to swear that they had not illicit intercourse with the female convicts.
The committee further found that Mr. Meredith, one of the Directors, accepted a, bribe, or a fee, as he preferred to call it, for services in obtaining the pardon of a convict.
This fee was to be two thousand dollars in case of success. The prisoner had already paid him ninety dollars for his services, and loaned him four hundred and fifty dollars. In his efforts to obtain the pardon of the prisoner, Mr. Meredith made false representations to the Governor, stating that he had been under great personal obligations to the family of the convict; that the evidence on which he had been convicted was conflicting and uncertain, and that the case was one meriting excessive clemency.
The Governor ascertained in time to prevent the mischief of a pardon; that the representation of Meredith were false--that his statements concerning his obligation to the family of the convict were sheer fabrications--and refused the pardon.
In this hasty report your committee take great pleasure in stating that Mr. Ferrier, the former Director, Colonel Schuler, the present Warden, Mr. Sullivan, the present Chaplain, are exceptions to the above charges of corruption and crime.
Since Colonel Schnler took charge of his office there is evidence of reformation having taken place in the management of the prison, and the committee are glad to be able to recommend him, and the chaplain as conscientious gentlemen, and experienced officers.
As evidence of the foregoing statements the committee respectfully refer the Senate to the evidence taken in this examination, a copy of which is herewith transmitted.
ISAAC KINLEY,
THOMAS GIFFORD,
F. G. ARMSTRONG.
The roll was called according to order, and Senators indicated their favorite measures as their names were called.
UANUTHENTICATED RECORDS.
There being no objection the bill [S. 234] legalizing the acknowledgments of certain recorded instruments (pending at the adjournment yesterday) was taken up, and it was passed by yeas 43,nays 0--Mr. Bradley withdrawing his objection made yesterday afternoon.
MORGAN RAID CLAIMS.
The bill [S. 97] designated by Mr. Anrews, appropriating four hundred and thirteen thousand five hundred and ninety-nine dollars,forty-eight cents to pay Morgan raid claims, coming up under the order of the Senate adopted on Mr. Hughes' motion this morning
It was read the third time and rejected by yeas 20, nays 24--as follows:
YEAS--Messrs. Andrews, Bellamy, Case, Caven, Cravens, Denbo, Elliott, Gifford, Green, Hamilton, Hanna, Howk, Huey Huffman, Jaquess, Lasselle, Lee, Robinson of Madison, and Stein--20.
NAYS--Messrs, Armstrong, Beardsley, Bird, Bradley, Carson. Church, Fisher, Fosdick, Gray, Hadley, Henderson, Hess, Hooper, Hughes, Humphreys, Johnson of Spencer, Johnston of Montgomery, Rice, Reynolds, Scott, Smith, Wolcott and Wood--23.
On motion by Mr. CRAVENS, it was ordered that the votes be taken without debate.
THE REVENUE BILLS.
The bill [H. R. 273] chosen by the chairmen of the Committee on Finance--a bill to raise revenue for the years 1869 and 1870--coming up under the order--
Mr. WOLCOTT moved that it be put upon its passage--
A constitutional provision requiring a suspension of the rules by yeas and nays--
The Senate refused to suspend the rules by yeas 27, nays 18two thirds refusing to vote in the affirmative.
The bill was read the second time--so called.
The bill [H. R. 251] concerning assessment of taxes for the State debt sinking fund, was read under the same order--by choice of the Committee on Finance.
SOUTHERN PRISON AFFAIRS.
Mr. KINLEY moved to take the evidence on the Southern Prison from the table for the use of the House.
Mr. RICE objected. He had understood that the evidence had been emasculated, and he objected to its leaving the Senate until it was all brought in.
Mr. KINLEY repudiated the insinuation, and denied that the evidence had been tampered with.
REVENUE BILLS--RESUMED.
Mr. CARSON moved to amend the bill [H. R. 251] in section two, by striking out "ten cents" and inserting in lieu "five cents" on the one hundred dollars for the next two years, to be levied under the act of December 21, 1865--for State Debt Sinking Fund purposes.
Mr. WOLCOTT opposed the amendment.
Mr. MUGHES demanded the previous questson, which was seconded by 28 Senators.
The amendment was rejected by yeas 17, nays 27, as follows:
YEAS.--Messrs. Bird. Bradley, Carson, Caven, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Humphreys, Johnston of Montgomery, Lasselle, Lee, Montgomery, Smith and Turner--17.
NAYS.--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Church, Cravens, Elliott, Fisher, Fosdick, Gray, Green, Hamilton, Hess, Hooper, Hughes, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood--27.
The LIEUTENANT GOVERNOR said page: 582[View Page 582] these bills should be read a third time tomorrow.
Mr. HANNA objected to this hasty way of legislation. He moved to lay this bill on the table and print two hundred copies.
This motion was rejected.
And then--
The Senate took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The LIEUTENANT GOVERNOR commanded order at two o'clock p. m.
REPORTS FROM COMMITTEES.
By consent the Committee on Corporations returned with favorable report these bills, H. R. 50, H. R. 6, and S. 245; and with unfavorable reports the bills S. 137, and S. 296.
The Committee on Rights and Privileges returned the bills H. R. 123, and S. 267, the former with a favorable and the latter with an unfavorable report.
The Committee on County and Township Business reported favorably on the bill H. R. 40, and unfavorably on the bills S. 299, H. R. 135, H. R. 37, S. 237, and S. 303.
The Joint Committee on Education and Agriculture recommend that bill S. 289 lie on the table.
The Committee on Military Affairs made a similar report on bill S. 273.
The Committee on roads reported favorably on the bills S. 82, H. R. 110, and S. 245.
The Committee on the House of Refuge made a similar report on the bill H. R. 92.
The Special Committee on the Fifth Judicial Circuit Court bill, H. R. 72, reported amendments thereto.
These reports were severally concurred in.
SALARIES OF STATE OFFICERS.
Mr. FISHER from the Special Committee thereon, reported the salaries, fees and perquisites of the Auditor of State for last year to be eleven thousand five hundred dollars, State Treasurer, six thousand three hundred dollars; Secretary of State, three thousand five hundred dollars: and recommend that these salaries undergo revision.
On motion of Mr. SCOTT, the House amendments to the Senate resolution distributing the Adjutant General's reports to employes of the General Assembly were agreed to.
THE REVENUE BILLS.
Mr. HANNA moved to dispense with the constitutional restriction for the purpose of passing the bill H. R. 273. An act to raise revenue for State purposes for the years 1869 and 1870, and for subsequent years.
The bill passed the Senate by yeas 43, nays 0.
On Mr. HANNA'S further motion, the rules were again suspended by yeas 41, nays 4, and the singking fund tax bill, [H. R. 251] was read the third time, and finally passed by yeas 44, nays 0.
A FIVE MINUTE RULE.
Mr. GRAY moved to reconsider the vote by which debate was cut off on the consideration of bills.
The motion was agreed to.
On motion of Mr. ROBINSON of Decatur, the time for speeches was limited to five minutes.
THE ELECTION LAWS.
The bill [H. R. 23] amending the election laws, corning up by the election of Mr. Armstrong, it was read the second time.
Mr. BRADLEY made an ineffectual motion--yeas 13, nays 33--to indefinitely postpone the bill.
Mr. CARSON moved to amend by adding a proviso that all elections shall be held at the same poll, and be governed by the same officers.
The amendment was rejected.
Mr. HANNA moved to amend by adding a proviso that the present election laws shall not be suspended till August, 1870.
Mr STEIN resisted the amendment.
It was rejected by yeas 19, nays 26.
Mr. ROBINSON of Madison, moved to dispense with the Constitutional reitriction that the bill may be read the third time to-day.
The motion was rejected by yeas 27, nays 19--two-thirds not voting "aye."
LIFE INSURANCE.
The bill [H. R. 69] for the incorporation and continuance of life insurance companies exempting certain life policies from attachment by creditors, making all policies non-forfeitable after payment of two annual payments, etc., coming up by selection of Mr. Beardsley, it was read the second time.
Mr. BEARDSLEY moved to dispense with the Constitutional restriction that the bill may be read a third time now, and put upon its passage.
Mr. STEIN understood that the bill was carefully prepared, and was convinced that it was a worthy measure. He hoped no party considerations would cause members to vote against a suspension of the rules.
The motion was agreed to by yeas 40, nays 4.
The bill being read the third time--
It was finally passed, by yeas 33, nays 11.
GEOLOGICAL DEPARTMENT.
Mr. TURNER, with the consent of the page: 583[View Page 583] Chairman of the Committee on Agriculture, under the order adopted this morning, called up the bill [H. R. 165] creating the office of State Geologist, providing for a Geological Department of the State and it was read the first time.
On motion by Mr. TURNER, the constitutional restriction was dispensed with, yeas 41, nays 1, and the bill was read again and passed the Senate, by yeas 37, nays 5.
COLORED CHILDREN AND COMMON SCHOOLS.
Mr. BELLAMY, under the order of the Senate, called up the bill [S. 244] to amend the common school law, and adding supplemental sections thereto.
Mr. BELLAMY moved to reconsider the vote by which the Senate refused to insert the word "white" before the word "children."
The motion was agreed to, by yeas 24, nays 21.
Mr. BELLAMY moved to amend the bill, by inserting the word "white" before the word "children."
Mr. STEIN moved to lay the amendment on the table, and the Senate refused to lay Mr. Bellamy's amendment on the table, by yeas 23, nays 24.
Mr. GREEN moved to amend the amendment so as to list the white and colored children separately.
Mr. CAVEN moved to lay it on the table. This motion was agreed to by yeas 24, nays 22.
Mr. HUGHES demanded the previous question, and there being a second--
The motion to insert the word "white" before the word "children" was agreed to by yeas 28, nays 18--as follows:
YEAS--Messrs. Beardsley, Bellamy, Bird, Bradley, Carson, Caven, Denbo, Eliott, Fosdick, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Hughes, Humphreys, Jaquess, Johnson of Spencer, Johnston of Montgomery, Lasselle, Lee, Montgomery, Rice, Scott, Smith, Turner and Wood--28.
NAYS--Messrs. Andrews, Armstrong, Case, Church, Cravens, Fisher, Gray, Green, Hadley, Hamilton, Hess, Hooper, Kinley, Reynolds, Robinson of Madison, Robinson of Decatur, Stein and Wolcott--18.
Mr. SCOTT offered additional sections as to the bill entitling blacks to their equal proportion of the school fund according to numbers--in separate schools, etc., and taxing whites and blacks for common school purposes, etc.
Mr. HANNA opposed the declaration by Legislative act, that children of blacks shall receive the same education as the children of whites. The whites pay the tax, and if this amendment is adopted, we only encourage black immigration. There are probably five times as many colored people in the State now as there were at the beginning of the rebellion.
Mr. SCOTT was convinced that there were a thousand colored children in his county that should be educated, and unless this amendment is adopted, they will have to go two years more without education.
Mr. HANNA moved to amend the amendment, by providing that colored persons shall have no more of the common school fund than they contribute to it.
Mr. SCOTT accepted this amendment.
Mr. STEIN insisted that this would not be fulfilling our constitutional duty to our fellow citizens.
Mr. SCOTT desired to withdraw his acceptance of the amendment. It would suit him personally, but he proposed to withdraw his acceptance.
Objection being made--
Mr. ROBINSON of Madison, moved to strike from the amendment the words (Mr. Hanna's) accepted by Mr. Scott.
This motion was agreed to by yeas 28; nays 17.
The amendment [Mr. Scott's] was agreed to by yeas 28, nays 18--as follows:
YEAS--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Caven, Church, Cravens, Elliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Jaquess, Johnson of Spencer. Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood--28.
NAYS--Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Hughes, Humphreys, Johnston of Montgomery, Laselle, Lee, Montgomery, Smith and Turner--18.
The LIEUTENANT GOVERNOR announced that the Secretary informed him that some of the amendments heretofore adopted have been lost.
Mr. GREEN moved to strike out the clause authorizing the publication of the school trustees report.
The motion was rejected.
Mr. HANNA moved to amend the bill by inserting a proviso that white and colored children shall not be admitted in the same school together in any instance.
Mr. KINLEY moved to amend by inserting the words "where objections be made."
This amendment to the amendment was agreed to.
The amendment as amended was also agreed to.
Mr. BELLAMY moved that the bill be ordered engrossed.
Mr. HUGHES demanded the previous question, and under its operation--
The bill was ordered engrossed for the third reading.
FRANKLIN INSURANCE CO.
The bill [S. 286] supplemental to an act incorporating the Franklin Insurance Company coming up as the selection of Mr. Bird, it was read the second time.
On motion by Mr. BIRD, the constitution- page: 584[View Page 584] al restriction was dispensed with by yeas 43, nays 0, and the bill was read the second time and passed by yeas 41, nays 2.
GENERAL APPROPRIATION BILL.
On motion by Mr. WOLCOTT, the general appropriation bill, [H. R. 310] was referred to the Committee on Finance after being read.
RECLAMATION OF WET LANDS.
On motion by Mr. TURNER, the bill [S. 89]--Mr. Reynolds'--was declared to be the next in order--for reasoms stated by Mr. Turner.
The bill [S. 89] to enable owners of wet lands to drain and reclaim the same, etc., was read the third time and passed by yeas 38, nays 0.
On motion by Mr. CAVEN, the Fifth Judicial Court bill, [H. R. 72] was taken up, and under a dispensation of the constitutional provision, read and failed to passed by yeas 24, nays 11.
And then--
The Senate adjourned till nine o'clock a. m. to-morrow
