IN SENATE.
FRIDAY, April 23, 1869.The Senate met at 9 o'clock A. M.
On motion by Mr. ROBINSON, of Madison, the reading of the Secretary's minutes of yesterday was dispensed with.
GENERAL APPROPRIATION BILL.
On motion by Mr. WOLCOTT, the bill [H. R. 309] making general appropriations for the years 1869-70, was read the third time.
Mr. WOLCOTT asked and obtained unanimous consent to offer amendments allowing pay to the Judges and Prosecuting Attorneys of the newly created districts.
The amendments were agreed to.
The bill, as amended, finally passed the Senate by yeas 32, nays 11.
Mr. WOLCOTT offered a resolution authorizing the President of the Senate to certify for pay of members from the first day of the session.
This was an embarrassing question, and to relieve the President of the Senate therefrom, Mr. Wolcott thought the Senate should take the responsibility.
The resolution was adopted by yeas 29, nays 12.
On motion by Mr. WOLCOTT, the bill [H. R. 311] making specific appropria-for the year 1869 was taken up, and the reading commenced, when-
On motion of Mr. GRAY, it was read the second time by title, and, with papers submitted by Mr. Green and Mr. Robinson of Madison, referred to the Committee on Finance.
On motion by Mr. BELLAMY, all Senate bills on the second reading were read by title, and referred to appropriate committees, viz: S. 326 to 335 inclusive.
The bill [S. 336] authorizing the Governor, in certain cases, to remove States Prison Directors, was read by title only, and passed to the third reading.
The bill [S. 337] allowing the Governor to draw on the Treasury to continue the benevolent institutions when the Legislature fails to make the appropriations therefor, was read the second time by title, and again, under a dispensation of the Constitutional provision, and passed the Senate by yeas 39, nays 2, with an amendment of title.
Mr. SCOTT called up the special order viz, his bill [S. 45] allowing $3,500 salary to Supreme Judges, $2,500 to Circuit and Criminal Judges, $2,000 to Common Pleas Judges, $800 to Circuit and Criminal Prosecuting Attorneys, and $400 to Common Pleas Prosecutors.
It was again read, and passed the Senate by yeas 26, nays 14, with an amendment of title-Mr. RICE failing to obtain unanimous consent to reduce the salaries of all Prosecuting Attorneys to $400.
On motion by Mr. FISHER his bill [S. 220] authorizing parties losing money Or property at gaming to recover the same, was read the third time and passed by yeas 31, nays 8.
Mr. HANNA suggested it should be titled "a bill to enable a man who has done a mean act to do a meaner one."
Mr. Fisher's bill [S. 258] to allow partnerships to bring and maintain suits in their adopted names in certain cases, was read the third time, on his motion, stating that he knew of no case in which it would apply, except the Wabash and Erie Canal Company, and its main object was to enable that Company to sue parties indebted to them.
Mr. ARMSTRONG favored its passage.
The bill passed the Senate by yeas 39, nays 1.
A standing committee returned the bill [H. R. 97] concerning the correction of County Auditors' reports to the Superintendent of Public Instruction, reporting that they considered it unconstitutional.
Mr. FISHER'S bill [S. 261] to allow trustees to erect buildings for municipal purposes on docks and wharves, was read the third time en his motion; Mr. Fisher stating that he did not know that this bill would be operative anywhere but in Peru and another town in his district situated upon the Wabash & Erie Canal, &c.
It was passed the Senate by yeas 39, nays 2.
Mr. Church's bill [S. 230] to amend section four of the act authorizing the sale of the Governor's residence and to provide a Governor's residence, &c., was read the third time.
After debate by Messrs. HANNA, CARSON, CRAVENS, CHURCH and TURNER, the former and the two latter particularly objecting to the Governor's living in a house the rental of which does not exceed $1,000, while the State is paying $5,000 to him for the purpose of renting a house suitable to his position as Chief Executive of a great State. If the State pays that officer $9,000 or $10,000 a year, it is desirable that the fact should go abroad, in page: 99[View Page 99]stead of the statement that the Governor gets a salary of but $3,000.
Mr. FISHER insisted that Senators were indirectly increasing their own pay by voting themselves stamps, &c., and therefore, inconsistent in objecting to raising the too small salary of the Governor in a similar way.
Mr. RICE did not think that the Governor had ever read this law of 1865 or he would not have drawn $5,000 for house rent when he pays out only about $1,000 for that purpose. A prominent trait in his character was to see corruption wherever it might appears in his horizen; and he certainly had no right to draw but $1,000 of this $5,000 appropriation.
The hour of 12 having arrived-
The LIEUTENANT GOVERNOR announced that Senators would not repair to the Hall of the House, pursuant to a concurrent resolution of yesterday, for the purpose of electing a Director of the State Prison South.
When Senators returned to their Chamber -
The Senate took a recess until 2 o'clock P. M.
AFTERNOON SESSION.
Mr. HOOPER, being of the opinion that it was establishing a bad precedent to take up matters disposed of last session, moved to suspend the order of besiness, so that the vote of this morning, taking from the table the pending bill, [S. 230], may be reconsidered.
The motion was rejected, by yeas 18, nays 23.
Mr. CRAVENS made an ineffectual motion-yeas 19, nays 22-to lay it on the table.
Mr. FOSDICK demanded the previous question, and there being a second, under its operation-
The bill was passed the Senate by yeas yeas 27, nays 14.
THE BAKER-CUMBACK CORRESPONDENCE.
Mr. RICE, by leave, offered the following resolution:
Resolved, That the resolutions of the Senate in relation to the correspondence of Lieutenant Governor Cumback with Governor Baker, and the proceedings of the Senate in relation thereto, be expunged from the Jurnal ef the Senate, and that the Secretary of the Senate be directed to write across the face of said resolutions and proceedings : "Expunged by order of the Senate."
After remarks for and against considering the resolution at this time by Messrs. Rice, Turner, Carson, Hanna, Wolcott, Fisher, Bradley and Hooper-
On motion of Mr. HANNA, the consideration of the resolution was postponed and made the special order for Tuesday next at 2 o'clock P. M.
DRAINAGE OP WET LANDS.
On motion by Mr. BRADLEY, the bill [S. 134] to encourage the construction of levees, dikes and drains, and the reclamation of wet and overflowed lands, was read the third time.
Mr. FISHER disliked a provision in this bill which repeals all other laws on the subject. It is gotten up for the purpose of draining the Kankakee country-about one million acres of land now worthless-but he would not oppose the bill were it not for the obnoxious provision referred to.
Mr. BRADLEY insisted that this bill was much better than the old law, and could be applied to a small job as well as a large one.
Mr. WOLCOTT expressed most serious objections to the bill. It probably affects from three to five millions of acres of land. It gives irresponsible persons the power of fraud, etc., and where is the remedy for irregularity?
Mr. GREEN named other objections, but notwithstanding would vote for the bill.
Mr. BRADLEY demanded the previous question, and the demand being seconded by the Senate-under its operation-
The bill was passed by-yeas 34; nays 5.
Mr. WOLCOTT gave notice that on tomorrow he should move to reconsider this vote.
CITY SCHOOL HOUSES.
Mr. Fosdicks bill [S. 122] supplemental to the act of March 11, 1867, authorizing cities to sell bonds to erect and complete unfinished school buildings, was read the second time and passed the Senate, by yeas 31, nays 9.
INCORPORATED COMPANIES.
Mr. JAQUESS' bill [S. 167] to amend section 4 of the act of May 20, 1852, for the incorporation of manufacturing and mining companies, was read the third time, and passed the Senate by yeas 38, nays 0.
WITNESSES.
Mr. HOOPER'S bill [S. 175] defining who shall be competent witnesses in any court in this State, was read the third time.
Mr. HOOPER explained: The bill provides that the wife may be a competent witness as to her own property; permits both parties in administrators' suits to testify; and strikes out the last proviso in the law of 1867.
Mr. HANNA declared that this bill would uproot the rules of evidence that have obtained in precedents for five hundred years; and hoped it would not pass.
Mr. CARSON also opposed this innovation.
Mr. HOOPER said the bill-proposed to repeal a provision now on the statute book that is an innovation upon the practice for page: 100[View Page 100] centuries; and he urged the passage of the bill.
Mr. TURNER demanded the previous question, which was sustained by the Senate.
Under its operation the bill was passed by yeas 28, nays 12.
BILLS PASSED.
On motion by Mr. TURNER (for Mr. Lee) the Constitutional restriction was dispensed with, and the bill [H. R. 214,] supplemental to the act of March 5, 1859, authorizing the incorporation of purchasers of roads, was read and passed the Senate by yeas 38, nays 1.
The bill [S. 191,] to enable cities to keep in repair roads leading to cemeteries, was read the third time and passed the Senate by yeas 34, nays 5.
On motion by Mr. MORGAN the bill [H. R. 90) creating the 25th Judicial Circuit )Vanderburg Criminal Court) was carried to the final reading and passed the Senate by yeas 34, nays 2, under a dispensation of the constitutional restriction; with an amendment of title "creating the 28th and 29th Judicial Circuit" including the county of Jefferson and establishing a criminal court therein.
The bill (H. R. 34) to enable incorporated towns to make improvements therein, &c., was read the third time and passed the Senate by yeas 34, nays 3.
The bill [H. R. 72] defining what counties shall constitute the Fifth Judicial Circuit, was read the third time and passed by yeas 33, nays 4.
NEW PROPOSITIONS.
Mr. SMITH, by leave, introduced a bill [S. 338] defining what counties shall constitute the Tenth Judicial District, was read the first time.
Mr. CHURCH offered a resolution, which was adopted, appointing a committee of three Senators to act with a House committee in inspecting the cabinet of the late Dr. D. D. Owen, with a view to purchasing the same.
And then the Senate adjourned till 9 o'clock to-morrow-under the rules.
