IN SENATE.
TUESDAY, April 20, 1869.The Senate met at 2 o'clock P. M., pursuant to adjournment; the Lieutenant Governor in the Chair.
The Secretary's journal of Friday was read.
The LIEUTENANT GOVERNOR laid before the Senate a memorial from the State Board of Education, in relation to amendments to the Common School law, and other matters connected with the Common School system.
Mr. George V. Howk, the newly elected Senator from Floyd county, appeared in his seat, and on motion of Mr. Rice was sworn in by the Lieutenant Governor.
The LIEUTENANT GOVERNOR announced the special order for this hour, viz: the Election bill, [H. R. 23].
On motion of Mr. GREEN it was made the order for Thursday, at 2 o'clock P. M.
PETITIONS AND MEMORIALS.
Mr. CAVEN presented a memorial, which was referred to the Committee on Temperance without reading.
Mr. LEE presented a petition in favor of paying off the Morgan raid claims. It was referred to the Committee on Expenditures.
Mr. MONTGOMERY presented a proposition from Lewis W. Hasselman to sell his residence, on Meridian street, for a Governor's mansion. It was referred to the Committee on Public Buildings.
POSTAGE STAMPS.
Mr. HADLEY offered a resolution that page: 76[View Page 76] the Librarian provide each Senator and officer with fifteen dollars worth of postage stamps in the proportion they may order.
Mr. MORGAN thought the appropriation of fifty dollars at the last session was enough, but gave humorous reasons for making a motion that the same be increased to twenty-five dollars.
The motion was rejected upon a division-affirmative 21, negative 14.
The resolution, as amended, was also rejected by yeas 15, nays 23.
AGRICULTURAL COLLEGE.
Mr. CAVIN offered a resolution to refer to a joint select committee the proposition of the Northwestern Christian University to donate certain lands and buildings for the purposes of an Agricultural College.
Mr. STEIN was of the opinion that this proposition should go to the Standing Committee where similar propositions are. All these propositions should stand on a perfect equality.
Mr. CAVIN reminded the Senate that the proposition itself embodies a proposal for a conference with a committee of the Legislature; and that the Standing Committee was composed of so many it could not act so well and expeditiously as a committee of four or six.
The resolution was rejected.
On motion of Mr. CAVIN, the Northwestern Christian University proposition was referred to the joint Committee on Agriculture and Education.
BILLS FOR ACTS
were, introduced, read the first time and severally passed to the second reading, except when otherwise stated, as follows:
By Mr. KINLEY, from a select committee thereom, [S. 326] for the protection of public morals, etc. [Prescribing fines for keeping or being an inmate of a house of evil fame, or leasing property for such purposes, etc.]
Also, [S. 327] authorizing the establishment of houses for friendless or abandoned women.
By Mr. GRAY, [S. 328] to describe the places at which the several District boards of equalization shall meet in the several congressional districts as they are now constituted.
On his further motion, the Constitutional restriction was dispensed with, yeas 35, nays 2 and the bill was read again, and passed the Senate by yeas 38, nays 0.
By Mr. ROBINSON, of Madison, [S. 329] to amend section 6 of the Plank, Macadamized and Gravel Road act.
By Mr. BIRD, [S. 330] to amend section 1 of an act to empower railroads to build branch Toads, &c.
By Mr. MONTGOMERY, [S. 331] concerning receivers appointed by the Courts for failing arid insolvent insurance companies.
By Mr: BELLAMY [S. 332] to amend sections 34 and 43 of the Common School law.
By Mr. MONTGOMERY [S. 333] to repeal part of section 45 of an act to amend certain sections of the Insurance Corporation law.
By Mr. GAVIN [S, 334] concerning liens on horses and other animals for boarding, lodging, etc.
By Mr. CRAVENS [S. 335] creating the Twenty-Seventh Judicial Circuit, providing for the election of Judges and Prosecuting Attorneys thereof, etc. [Creating a Criminal Circuit Court in Madison.]
AGRICULTURAL COLLEGE.
Pending the order for the introduction of bills-
The LIEUTENANT GOVERNOR laid before the Senate the following message from the Governor:
EXECUTIVE DEPARTMENT, INDIANAPOLIS, April 16, 1869.
Gentlemen of the Senate and House of Representatives
It affords me great pleasure to transmit to you copies of a proposition received yesterday from Hon. John Purdue, a liberal minded and generous citizen of our own State, whereby he proposes to devote one hundred and fifty thousand dollars of his private fortune to the use of the Agricultural College, upon certain conditions mentioned in the proposition.
I trust this munificent offer will receive prompt, careful and earnest consideration in connection with the location of the Institution which has already commanded so much attention.
Whatever your ultimate decision may be in relation to the location of the institution, the liberality and generosity of Mr. Purdue's offer cannot fail to command the admiration of all those who know how to appreciate a public spirited and unselfish dedication of private wealth to this public benefit.
CONRAD BAKER
To his Excellency, Conrad Baker, Governor of Indiana:
SIR-As the General Assembly at its present session will doubtless be called upon to consider the questions relating to the establishment and location of the Agricultural College, contemplated by the act of Congress of July 2, 1862, I desire to avail myself of the opportunity to tender a testimonial to the county in which I have spent thirty years of the ripeness of my life, and also to manifest my interest in the cause of collegiate education, by offering (as I now do, through your Excellency, to the State of Indiana) to donate the sum of one hundred and fifty thousand dollars for the use of said college, provided the General Assembly will, by law, secure me in the following conditions:
First. Locate the said College at such point in Tippecanoe county as may be decided upon by a majority of the present Board of Trustees of the Indiana Agricultural College, to whom I be added as a member.
Second. Name the institution by an irrepealable law "Purdue University."
Third. Provide that I be a member of the Board of Trustees having the control of said Institution, and should I cease to be such, I be retained as an advisory member thereof, and have visitational power over the University during my lifetime.
Upon these conditions I offer this donation which I agree to pay in yearly instalments of fifteen thousand dollars until the full sum of one hundred and fifty thousand dollars is paid; and I am prepared to tender my obligations accordingly, as may be required.
I will thank you to present my offer to the Houses of the General Assembly for their consideration.
Very respectfully yours, JOHN PURDUE April 15,1869.
page: 77[View Page 77]THE 22D COMMON PLEAS.
The bill [H. R. 332] to fix the times of holding Common Pleas Courts in the 22d District, coming up in order, it was read the first time.
On motion of Mr. ROBINSON of Decatur, seconded by Mr. BELLAMY, the Constitutional restriction was dispensed with, the bill was again read and finally passed, by yeas, 39; nays, 0
HOUSE BILLS ON THE FIRST READING.
The following described bills from the House of Representatives were read the first time, and severally passed to the second reading:
The bill [H. R. 42] to amend section 21 of the Aurora & Lanyhery Turnpike Company act.
The bill [H. R. 100] to amend section 10 of the Justices' act of June 9, 1865.
The bill [H. R. 140] repealing certain sections of the Registry act.
The bill [H. R. 146] requiring Township Trustees to examine the dockets of Justices of the Peace, as to their delinquencies in paying over fines to the proper officers.
The bill [H. R. 178] to amend section 5 of the Township Business act.
The bill [H. R. 179] repealing section 1 of the Constable Election act.
The bill [H. R. 103] declaring certain contracts to pay attorneys' fees void.
The bill [H. R. 147] to provide for the care of certain idiots.
The bill [H. R. 214] supplemental to an act approved March 5, 1859, concerning the organization of purchased rail and other roads.
The bill [H. R. 310] touching vacancies in county and township offices.
The bill [H. R. 333] appropriating $60,000 to defray the expenses of this special session of the Forty-sixth General Assembly.
Mr. CHURCH moved to suspend the Constitutional restriction, that the bill may be read the third time and passed now.
Mr. BELLAMY opposed haste in this matter. For his part he would prefer this should be one of the last bills passed by this body; and if it were not passed till after the llth of May he would not grumble.
Mr. CHURCH replied that the Senator may be in a pecuniary condition to talk that way, but if we expect Senators to stay here, we should provide for their daily necessary expenses.
The motion was rejected by yeas 30, nays 6 - two-thirds not voting in the affirmative.
Mr. FISHER inquired if the Chair decides that 34 is two-thirds of the Senate?
The PRESIDENT pro tem [Mr. Cravens in. the Chair.] The Chair makes no ruling in the matter. Being temporarily in the Chair, he did not feel disposed to rule different to the established custom.
WORK FOR COMMITTEES.
Mr. Bradley's bill [S. 266] to amend the section of the general practice act; and-
Mr. Johnston, of Montgomery's bill [S. 245] to amend the act extending the time for the completion of railroads on which $800 per mile has been expended, etc., were read the second time; and-
Mr. Hanna's bill [S. 321]; Mr. Green's bill [S. 319]; Mr. Wood's bill [S. 322]; Mr. Hadley's bill [S. 323]; Mr. Cavin's bill [S. 324]; Mr. Montgomery's bill [S. 325], were read by title only, and referred to appropriate committees.
BILLS ON THE THIRD READING.
Senate bills were read the third time and disposed of as follows:
Mr. Cavin's bill [S. 30] supplemental to an act for the formation of water works, etc.-, approved March 6, 1865, coming up in order, it was read the third time, and failed for want of a Constitutional majority, by yeas 23, nays 15.
Mr. Scott's bill [S. 35] in relation to docket fees, and declaring an emergency, being read the third time-
On motion of Mr. STEIN, it was laid on the table.
Mr. Kinley's bill [S. 36] prohibiting the retailing of intoxicating liquors to be used as a beverage, was read the third time. [It declares places of sale public nuisaaces; and fines the vendor from $20 to $100, to which m&y be added imprisonment, etc.]
The bill was rejected by yeas 10, nays 26.
Mr. Howk's bill [S. 40] to repeal the 44th and 82d sections and amend the 81st and 113th sections of the General Criminal Practice act of June 17th, 1852, and to regulate the practice as to continuances and changes of venue in criminal actions in this State, was read the third time.
It failed for want of a Constitutional majority, by yeas 22, nays 15.Mr. Scott's, bill [S. 45] relating to the salaries of the Judges of the various Courts in this state, being read the third time-
On motion by Mr. STEIN, it was made the special order for Friday, at 2 o'clock P. M.
[Mr. FISHER, by leave, offered a resolution, which was adopted, that when the Senate adjourn it be till 9 o'clock to-morrow.]
THE MEDICAL PROFESSION.
Mr. Hess' bill [S. 75] to protect the citizins of Indiana from empiricism and elevate the standing of the medical profession being read.
Mr. BRADLEY believed there ought to fee some protection against quackery in the practice of medicine, but did net believe we should require a certain standard that was not furnished in the State; and so he argued we are not yet ready for the enactment of such a law.
Mr. STEIN was very much of the same mind as the Senator from Hendricks. He opposed the starting of monopolies in this way, and would at all times be found opposed to monopolies in every shape.
page: 78[View Page 78]Mr. GRAY should vote for this bill, though not such an one as he would like to have, because the neighboring States have similar laws, and such an one is now necessary to protect ourselves from the horse doctors and quacks of other States. He did not look upon it as a monopoly to pass this bill.
Mr. MORGAN has been practicing medicine for nearly one-third of a century, and has always been opposed to legislation on the subject; but inasmuch as neighboring States have enacted similar laws, he had consented to favor it. And he defended it from the charge that it was a monopoly. This bill was intended more for the protection of the community than of the profession.
Mr. GIFFORD said the bill was not intended to create a monopoly. All the schools of medicine are equally represented in the bill. He regarded it as necessary for the protection not only of medical men, but of the public.
Mr. HAMILTON indicated his opposition to the bill.
The bill failed to pass, for want of a Constitutional majority-Yeas 25, nays 12.
BILLS ON THE THIRD READING.
Mr. Gray's bill [S. 85], to amend section 60 of the general City Incorporation law of March 14, 1867, was read a third time.
Mr. GRAY explained that the bill extends the power of cities to aid any other public improvement a majority may petition for, etc.
It was passed-Yeas 33, nays 5.
Mr. Hughes' bill (S. 100) to amend the 6th section of the Indiana University relief act, approved March 2, 18597 being read the third time
It was passed the Senate by yeas 37, nays 0.
Mr. Green's bill (S. 102) to amend the 5th division of the 2nd volume Revised Statutes of 1852, chap. 1 of the general practice act, was read the third time. [The Judge to instruct the jury before the argument commences.]
The bill failed for want of a constitution al majority-yeas 22, nays 14.
COUNTY LIBRARIES.
Mr. Cavins' bill (S. 107) to amend sections 2 and 3 of the act for the incorporation of county libraries, was read the third time.
Mr. CARSON objected to the sum-one per cent of the taxable property, as in many cases amounting to too much to be expended by County Commissioners at their own discretion in this way.
Mr. CAVIN explained that the bill gave the County Commissioners power to expend one per cent, of the property taxable for county purposes alone, for the purchase of county libraries. The revenue therefrom would not be large-it would amount to about $2,000 in Marion county. He urged considerations which should commend the bill to the favorable consideration of members.
Mr. ANDREWS also favored the passage of the bill.
Mr. CARSON again presented objections.
Mr. BRADLEY thought the bill one Of doubtful propriety. There was too much machinery about it. It involves too large an amount of money to be expended for the purpose named. And then the location of the county library at the county seat would make it of little benefit to the citizens of the county at large.
The bill was rejected by yeas, 17; nays 22.
And then the Senate adjourned till 9 o'clock to-morrow.
