IN SENATE.
MONDAY, May 3, 1869.The Senate met at 2 o'clock P. M., pursuant to adjournment-the LIEUTENANT GOVERNOR in the Chair.
On motion by Mr. ROBINSON, of Madison,the reading of the Secretary's minutes of the last session was dispensed with.
BILLS FOR ACTS.
Mr. BRADLEY demanded a call of the Senate, but upon the request of a number of Senators, for manifest reasons, withdrew his demand, and obtained leave to introduce a bill [S. 347] to organize and establish criminal courts in and for the counties of Laporte and St. Joseph, &c., which was read the first and second time under a dispensation and referred to a special committee.
Mr. GREEN introduced a bill [S. 348] making provision for citizens of any town where the plat has been recorded to make application to the County Commissioners for the donation or setting apart of any designated public square for common school purposes, which was read the first Mid second time under a suspension and referred to a select committee.
JUSTICES' FEES.
Mr. FOSDICK, from the Committee on Fees and Salaries, returned the bill [H. R. 73] to amend section 15 of the fees-of-officers'-bill of March 2, 1855, in relation to the fees of Justices of the Peace, with amendments, and when so amended recommended its passage.
Mr. GREENE was of opinion that Justices' fees should be raised, and hoped the bill would pass as it comes from the House. He feared the delay consequent upon the adoption of the amendments would kill the bill
Mr. FOSDICK said the bill proposed to double the fees of Justices for issuing summonses, and adds fees for docketing and entering satisfaction; and that was too much of an increase. He hoped the Committee's amendments would be concurred in.
The amendments were adopted.
PETITIONS AND MEMORIALS.
Mr. CAVIN, by leave, presented a claim, which was referred to the Committee on Claims, without reading.
Mr. KINLEY presented the following Memorial of the Indianapolis Board of Managers of the "House for Friendless Women" in behalf of the Indiana Reformatory Institution for women and girls.
To the Senate and House of Representatives:
GENTLEMEN:-Your memorialists have long been interested in the claims of the friendless of our own sex upon the public for sympathy and assistance in reaching a life of industry, usefulness and virtue. Our labors have not been without their good fruits, and many under our observation and watchful care have been turned from the path of sorrow and wretchedness to one of peace and hope and joy.
The General Assembly two years ago made a liberal and beneficient provision for the protection of the homeless and friendless boys of the State, who, for want of counsel and parental care, are under the controling influence of profanity, theft and crime. This benefaction has already proven a blessing, and will bring forth good fruits for many years to come. Must our homeless and friendless daughters, who are alike waifs upon the world without a friendly counsellor, constantly exposed to crime, and in the path of ruin not so much because of any predisposing fault of their own as because parents, church and State has failed to give them sympathy and to inspire them to seek a better and higher life, now fail to find the protecting shield of the State thrown over them? Our jails find no suitable home for those who have been so unfortunate as to be sent thither, and our courts are deterred from executing the demands of justice because the ends of the penal law cannot be reached without degrading them, and the erring are set at liberty to seek, again" the companionship of vice.
All our cities and villages are waiting for the relief your timely aid can give them.
We trust in the disposal of the bill before you, wise and worthy counsels will prevail.
page: 146[View Page 146]We feel that a generous and approving response will greet you from your constituents on your return, when they learn you are not only the friends of the orphan and the afflicted, but of the unfortunate and the erring.
May God grant that you may have true and manly hearts in this good work. We embrace this opportunity to assure you that the provisions of the bill which contemplate the removal of female convicts to an adjoining department of the Reformatory, are meant to be economic. Their labor can be turned to good account in meeting the expenses of the Institution, while at the same time we conceive they will be placed in more favorable circumstances for moral discipline and reformation. We believe the more carefully you consider the provisions of the bill the more will its merits be seen to sustain you in its support. We would therefore earnestly ask you to secure its passage.
With great respect, and in behalf of the association above
named.
ELIZA J. NEWMAN,
President.
SARAH R. KAPPES,
Vice President.
E. C. SHARP
Mrs. JOE. MCDONALD,
Mrs. T.
P. HAUGHEY,
Mrs. E. R: ECKERT,
Mrs. J. MCLENE,
Mrs. J. P.
RAY,
Directors.
SARAH J. SMITH,
Manager.
It was referred to the committee on the Rights and Privileges of the Inhabitants of the State.
THE CARE OF IDIOTS.
On motion by Mr. JOHNSON, of Montgomery, the bill [H. R. 147] to provide for the care, of certain idiots, was read the second time and passed to the third reading.
AGRICULTURAL COLLEGE.
Mr. CAVIN, by leave, introduced a bill [S. 349] locating and providing for the control of the Indiana Industrial College, &c., [locating the Agricultural College on the lands of the Northwestern Christian University, and accepting the donations of said University, and the donation of the Fletcher heirs, and the donation of Marion county,] which was read the first time and passed to the second reading.
NEW PROPOSITIONS.
Mr. HOOPER introduced a bill [S. 350] to authorize the Clerk of the Supreme Court to index the books and papers on file in his office, which was read the first time and passed to the second reading.
Mr. KINLEY introduced a bill [S. 351] to legalize certain proceedings of the Wayne Circuit Court, which was pressed to the final reading under a dispensation of the Constitutional provision, and passed the Senate by yeas 36,-nays 0.
BILLS ON THE THIRD READING.
On motion by Mr. HADLEY, the bill [S. 323] to legalize the acts of Justices of the Peace certified to or done after their commissions have expired, was read the third, time, and passed by yeas 32 nays 4.
Mr. Stein's bill [S. 194] to make an appropriation to pay money advanced out of the Sinking Fund to build the State officers' building, coming up in the regular order was read the third time and passed the Senate by, yeas 33, nays 1.
Mr. Wood' bill, [S. 199] to amend section one and three of the General city incorporation law, approved March 14, 1857, was read the third time.
It was laid on the table because of the absence of the author.
Mr. Howk's bill [S. 201] to revise and to amend the two school acts for the organization of Circuit Courts and Circuit Criminal Courts, approved June 1, 1852, and March 8, 1867, was read the third time.
It was laid on the table on Mr. BELLAMY'S motion-the author being present.
Mr. Howk's bill [S. 205] to revise and amend the 79th section of the act for the incorporation of cities, approved March 14, 1867, coming up in order, it was read the third time.
Mr. CARSON explained that the bill changes said section so as to leave the power therein referred to discretionary with the Common Council.
The bill passed the Senate by yeas 26, nays 9.
Mr. Wolcott's bill [S. 210] to define certain offenses therein named, &c. (to punish members of vigilance committees, &c.) coming up in order, it was read the third time and passed the Senate by yeas 36, nays 0.
The Printing Committee's bill [S. 216], making appropriations for the publication of the reports of the State Board of Agriculture, coming up-
On motion of Mr. FISHER, it was laid on the table.
Mr. Green's bill [S. 218], for the better regulation of the traffic on railroads coming up, it was read the third time.
Mr. GREEN explained that the bill applied more to Indianapolis than any other city in the State; it requiring the railroads to take freight in succession, or, in other words, to grind the turns as they come.
Mr. FISHER rather thought the bill should not pass. Such things as the transfer of freight always regulate themselves the course of time.
Mr. GREEN could not imagine what part page: 147[View Page 147] of the bill the Senator dislikes. He recited cases in which such a law as this would be Cf great benefit to the traveling public.
Mr FISHER did not see why a fine in such a case should be levied for the benefit of the school or any other fund. If the railroad companies should pay for damanges done to passengers on account of delays, the fines should more properly go to the parties damaged.
Mr. SCOTT was of the opinion that the bill should be entitled "An act to scare up law suits." He regarded it as absurd to attempt to regulate the transfer of freight or baggage by railroad companies.
Mr. GREEN declared the purpose of his bill to be to compel these Railroad Companies to treat all alike - it was but right that the baggage masters should treat all Railroads alike.
On motion by Mr. BIRD the bill was indefinitely postponed.
Mr. HADLEY's bill [S. 224] to legalize the use of a seal for the Adjutant General's office, was read the third time.
Mr. CARSON desired to know how far the passage of this bill would legalize the acts of that officer, or if it would affect them at all. He could not see why the Adjutant General should have a seal. He feared that the bill was for some other purpose.
Mr. HADLEY stated cases where he thought the use of a seal by that officer was necessary. He and Mr. ROBINSON, of Madison, regarded a seal as necessary for the Adjutant General as for the Secretary of State.
The bill failed to pass for want of a constitutional majority - yeas 22, nays 12.Mr. Kinley's bill [S. 225] changing the name of the State Board of Agriculture to the "Indiana State Industrial Board," was read the first time.
Mr. KINLEY explained that the object of the bill was to make the Agricultural Society the representative of Industry in name as it really was in fact. Since the introduction of the bill members of the State Board have changed their minds on the subject; and, consequently, on his motion the bill was laid on the table.
Mr. Kinley's bill [S. 251] to amend section 1 of the act of March 9, 1867, authorizing towns and cities to levy taxes for school purposes, being read the third time -
Mr. KINLEY explained its provisions. It allows on petition an increase of assessment for school purposes, etc.
Mr. CARSON said the people now complained bitterly of oppressive taxes and the most of it is in the shape of local taxation. He opposed this species of legislation.
Mr. GREEN could see no wrong nor harm in allowing the people to tax themselves. In his section they needed this law very much, and he hoped it would pass.
Mr. BRADLEY was of opinion that the Constitution prohibited this class of legislation.
The bill failed to pass for want of a Constitutional majority-yeas 21, nays 13.
Mr. Bellamy's bill [S. 108] amending section 2 of the Registry law, was read the third time.
Mr. BRADLEY moved that the bill be laid on the table.
The motion was rejected by yeas 8, nays 27.
Mr. BELLAMY explained the only amendments, of the law to be to provide that not only the Judges of Elections, but that the clerks also shall be equally divided between the two dominant political parties.
Mr. BRADLEY insisted that the bill was imperfect-it requires semi-annual meetings of the Registry Board; and we have passed a bill providing for biennial elections.
Mr. FISHER moved that the bill be recommitted, with instructions to amend it so as to provide for but one registry in two years.
The motion was agreed to.
Mr. Lasselle's bill [S. 139] to revise and amend section 6 of the plank, Macadamized and gravel road law of 1852, was read the third time.
Mr. GREEN opposed the provision authorizing the roads to condemn material within a mile and a half of the road bed. He was a friend to gravel roads, but would not justify the grant of that extended power to these corporations.
Mr. LASALLE said similar powers are granted to common roads; and he saw nothing wrong in the provision alluded to. There was ample provision made for compensation to the owner of such condemned material. The bill accords with the general provisions of law on this subject. Properly improved roads are indispensable in many portions of the State; and as gravel roads are the very best roads we can get now, we ought to encourage them. We have encouraged them to some extent, and probably in some cases gone too far in that direction. He saw nothing wrong in the bill, and thought no oppression could arise out of its operation.
The bill failed to pass for want of a Constitutional majority-yeas 20, nays 15.
And then the Senate adjourned till 9 o'clock to-morrow morning under the rules.
