IN SENATE.
THURSDAY, April 22, 1869.The Senate met at 9 o'clock A. M.
The LIEUTENANT GOVERNOR laid before the Senate a message from the Governor, transmitting a communication from the Auditor of State, concerning necessary legislation in the matter of the appraisement of railroad property in this Mate, recommending the passage of a bill supplemented to an act passed December, 1865, to procure a just valuation of the railroad property in this State.
Mr. SCOTT was satisfied that there was more cheating done in the appraisement of railroads than in the appraisement of any other property in the State, and that this bill should receive careful consideration.
Mr. BRADLEY insisted that a bill could not get in the Senate in this way.
The LIEUTENANT GOVERNOR held that the bill was read only as a part of the Governor's message.
On motion by Mr. HANNA, it was referred to a select committee.
RULES AND ORDERS.
Mr. STEIN called up Mr. Bellamy's proposition to change the rules, submitted just before the adjournment last evening.
The amendment of the rule was agreed to.
JOURNAL CLERKS.
Mr. WOLCOTT moved to reconsider the vote of the Senate reducing the number of employes of the Assistant Secretary, and that the matter be referred back to the committee.
The motion was agreed to.
GENERAL APPROPRIATION BILL.
On motion of Mr. CARSON, the General Appropriation bill [H. R. 309] was taken up on the second reading.
Mr. HANNA moved to amend by adding; to section 16 (the appropriation for pay of Judges and Prosecuting Attorneys) a provision for pay of $500 or such other sum as the law provides to Prosecutors and Judges in the Civil Criminal Courts.
The amendment was agreed to.
The amendment of the Committee of the Whole increasing the civil contingent fund of the Governor for the year 1869 from $2,000 to $5,000 corning up-
Mr. BRADLEY moved to concur with the amendment, requiring an itemized statement of its expenditure to be reported to the Legislature next session.
The LIEUTENANT GOVERNOR held that a vote should be taken upon this motion as an independent amendment.
It was agreed to, by yeas 23, nays 21.The amendment as amended was rejected by yeas 15, nays 30.
Mr. BRADLEY moved to amend this section of the bill by adding the requirement for an itemized statement of its expenditure to the next session of the General Assembly.
The amendment was rejected by yeas 23, nays 23, the Lieutenant Governor voting "no."
Mr. BIRD, having voted under a misapprehension, desired to change his vote.
Objection being heard,
On motion by Mr. BIRD the vote was reconsidered.
The question recurring on the amendment,
It was again rejected by a tie vote-yeas 23, nays 23-the Lieutenant Governor voting "no"
page: 92[View Page 92]The amendment of the Committee of the Whole, appropriating $50,000 for the State printing in 1869-70 being read-
Mr. TURNER stated that a bill has been passed the House [H. R. 194] providing for the printing of the Agricultural and Horticultural reports, under the supervision of said societies. He was authorized to say that the societies have tried both ways and can get their reports printed as well by private parties, and about 33 per cent cheaper than by the State Printer. Therefore, he moved to strike from the section such a sum as will cover the printing of these reports.
Mr. FISHER was sure the volume published by the State Printer was far better than the other volume.
Mr. TURNER obtained his statement from a member of the Board of Agriculture and had but ltttle personal knowledge of the matter.
Mr. FISHER was willing to favor the motion, for reasons which he gave.
Mr. TURNER was of opinion that the Society got a book one-third larger than that printed by the State Printer.
Mr. FISHER had reference particularly to the workmanship.
Mr. WOLCOTT regarded the imputations as unjust against the State Printer.
Mr. TURNER did not appreciate the vindication of the State Printer, as made by Mr. Wolcott, and recited figures to show that the statement first made was correct.
The Committee amendment was agreed to by yeas 31, nays 10. Mr. TURNER moved to strike out $16,000 to cover the expense of the Agricultural and Horticultural Reports and all that refers to printing these reports.
Mr. HANNA insisted that if the public printing were all let to the lowest bidder it would be well to make such an amendment, but as we have elected a Public Printer these documents should be printed by him-The amendment was rejected.
The committee amendment, proposing an appropriation for building a boiler room at the Northern State Prison, being read-
Mr. GIFFORD gave reasons which governed him in moving to strike it out.
The motion was rejected.
The amendments of the Committee of the Whole reducing the amount of the contingent expenses for the Secretary of State and Superintendent of Public Instruction, from $1,000 to $500, were rejected, as was also the committee amendment requiring of the Governor an itemized statement of the expenditure of the contingent fund for 1870; and similar amendments to the appropriation for contingent funds of the Attorney General and Judges of the Supreme Court and Auditor of State.
Mr. CARSON saw no necessity of passing a special bill for the purpose, moved to add a section appropriate $60,000 for expenses of the present session of the General Assembly.
Mr. WALCOTT moved to lay the amendment on the table.
The motion was rejected by yeas 21, nays 24.
Mr. BELLAMY opposed the amendment for the reason that it is intimated Senators are desiring to get their mileage and pay and go home without doing the business of the State.
Mr. FISHER suggested that we pass this bill as it is, and then take up the bill from the House making this specific appropriation, and pass it.
Mr. CARSON, with that understanding withdrew his amendment.
Mr. STEIN moved to reconsider the vote striking out the appropriation for continuing the military claim agency.
The motion was rejected by yeas 20, nays 24.
Mr. KINLEY moved to add a section appropriating $1,000 to each of the State Prisons for the purchase of a prison library.
The motion was agreed to.
The bill, as amended, was then read by sections.
Mr. WOLCOTT offered an amendment for incidental expenses of the Auditor of State for 1869 the sum of $1,000.The amendment was agreed to.
The amendments were ordered engrossed.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. ROBINSON, of Madison, moved that the special order for this hour-the election bill [H. R. 23] be read the third time now, and upon that motion he demanded the previous question.
The demand was seconded; and the bill was read and finally passed the Senate by yeas 26, nays 18.
On his further motion-yeas 26, nays 17 the bill, H. R. 140, to repeal certain sections of the Registry Law, was read the third time.
Mr. HANNA moved to strike out all that portion of the bill which requires the numbering of the ballot by the Inspector. He read from the Constitution to show that this clause was in direct conflict with that instrument.
Mr. ROBINSON, of Madison, knew of no better way to protect fraud in elections, and did not believe the Constitution would countenance fraud, or bar us from taking steps against it.
Mr. BRADLEY did not know that he could add anything to the remarks of Mr. page: 93[View Page 93] Hanna, which he endorsed most heartily. He hoped the amendment would be adopted.
Mr. BELLAMY was of the opinion that if the amendments were adopted there would be no protection against fraud in our elections.
Mr. HOWK considered the provisions of his bill in direct conflict with the Constitution of the State, and that it would be void under the decision of any fair minded judge.
Mr. CHURCH denied that this bill was in violation of the Constitution, and supported its provisions.
Mr. SMITH favored the amendment, and opposed the bill.
Mr. HOOPER opposed the amendment and favored the passage of the bill. He believed it would tend to protect the purity of the ballot box, and that it did not conflict with the Constitution.
Mr. CARSON considered this bill as going beyond reason. It was a bill to expose the ballot box, and in that respect clearly unconstitutional. It is doing a great evil to remedy an evil that is only anticipated.
Mr. SCOTT knew of no constitutional provision requiring the ballot to be secret.
Mr. HANNA referred to the law in operation for many years past which punished the marking of election tickets so as to find out what person's cast them. If this bill were passed, an inspector would be liable to punishment for numbering ballots, and could not be screened under an unconstitutional act of the General Assembly.
The amendment was rejected by yeas 14, nays 24.
The bill was referred to the Judiciary Committee.
Mr. RICE offered an amendment, which was referred with the bill, requiring the ballot box, after the votes are counted, to be locked, sealed and deposited in the Auditors office.
On motion by Mr. ROBINSON, of Madison, the bill [H. R. 178] amending section 5 of the Township Business act, prescribing the election of Township Trustees, annually was read the second time, and referred to the Committee on Elections.
On motion of Mr. HOWK, the House amendments to the Criminal Court bill [S. 110] were concurred in.
On motion by Mr. HANNA the bill [H. R. 65] amending section 15 of the act for the incorporation of manufacturing and mining companies was read the second time and the Corporations Committee amendment agreed to.
On his further motion the constitutional restriction was dispensed with, and the bill read the third time and finally passed the Senate by yeas 41, nays 0.
On motion by Mr. BELLAMY the bill [H. R. 297] for the relief of Nicholas Moreback, of Ripley county, was read the second time by title, again by sections, and finally passed the Senate under a dispensation of the constitutional restriction by yeas 35, nays 9.
On motion, the bill [H. R. 179] repealing section 1 of the constable election act of 1852, and providing for their biennial election, was read the second time, and referred to the Committee on Elections.
On motion by Mr. GREENE, the bill [S. 295] authorizing the assessment of lands for plank and gravel road purposes, was read the third time and passed, by yeas 32, nays 7.
On motion by Mr. JAQUESS the House resolution for a joint convention tomorrow noon to elect a Director of the Southern State Prison was concurred in.
On motion by Mr. Scott the bill [H. R. 333] making an appropriation of $60,000 for expenses of the special session of the 46th General Assembly was read the second and and third times and finally passed by yeas 34, nays 5, under a dispensation of the constitutional restriction.
On motion by Mr. HADLEY, in was-
ORDERED: That when the Senate adjourns, it adjourn till nine o'clock to-morrow.
On motion by Mr. RICE the bill [H. R. 34] to enable incorporated towns to make public improvements therein, &c., was read the second time and passed to the third reading.
And the Senate adjourned.
