IN SENATE.
FRIDAY, April 30, 1869.The Senate met at 9 o'clock A. M.-President pro tem. J. R. CRAVENS in the chair.
On motion by Mr. ROBINSON, of Decatur, the reading of the Secretary's minutes of yesterday was dispensed with.
SENATE BILLS ON THE FINAL READING.
The Senate proceeded to the consideration of Senate bills on the third reading that being the order at the adjournment yesterday.
Mr. Reynold's bill [S. 177] to prohibit Clerks of Courts from taking declarations page: 135[View Page 135] of aliens of intention to become citizens, &c., was read for the third time and failed to pass for want of a constitutional majority - yeas 21, nays 16.
Mr. Robinson of Madison's bill [S. 181] to amend section 343 of the General Practice act, was read the third time.
Mr. R explained that the bill provides that for good cause shown the court may grant time till the end of the suceeding term to amend bills and exceptions.
The bill passed by yeas 34, nays 0.
Mr. Craven's bill [S. 184] to amend the 19th section of the Felony act, approved June 10, 1852, was read the third time and passed the Senate by yeas 34, nays 1.
Mr. Craven's bill [S. 187] to amend the act of June, 18 1852, in relation to the taxation of lands in towns and cities, was read the third time.
Mr. LASALLE explained that it guards small farmers in cities against oppressive city taxes. It exempts forty acres or more from taxation when used wholly for agricultural purposes, and where it lies within the corporation limits.
Mr. JAQUESS objected to the bill on ground that it would exempt some $300,000 of property now paying taxes in the city of Evansville.
Mr. MORGAN stated that certain heirs held a large tract of land in Evansville needed for the enlargement of the city, and as they are receiving the benefits incident to the improvement of the city, they should pay city taxes.
Mr. ANDREWS spoke of other serious objections to the bill.
Mr. WOLCOTT regarded this as a bill to protect large speculators instead of small farmers.
Mr. LASALLE insisted that the bill would prevent an oppression by city taxation that should not be justified, and that it was our duty to pass this bill.
Mr. CARSON objected to this class of exemptions-it operates unjustly upon mechanics and laboring men.
Mr. CRAVENS said the bill was presented to him by some gentleman, with a request to introduce it. He supposed it to be an amendment to the general law for the government of cities; and it struck him as being eminently proper. If a man owns forty acres or more near the city limits, used wholly for agricultural purposes, it should not be dragged into the corporation and made to pay exhorbitant taxes, without the owners consent. If there was anything wrong; in the bill he could not see it.
Mr. CHURCH stated considerations which influenced his opposition to this measure. The law of 1867 taxes five acres m the city limits, while this bill proposes to exempt forty acres or more.
Mr. HOWK considered the bill out of order, because it proposes to revise and amend a law that is dead.
Mr. WOLCOTT desired, but failed to obtain unanimous consent for the introduction of an amendment that any person whose wealth consists of unimproved land in incorported limits, if the same amount to 40 acres, it shall be exempt from municipal taxation.
Mr. HOWK demanded the previous question, and under its operations The bill was rejected by yeas 7, nays 32.
The House message granting a Committee of Conference on the Court bill [H. R. 90] was taken up, and the President, pro tem., [Mr. Robinson, of Madison, in-the chair] appointed Messrs. Cravens, Morgan and Bellamy, the Committee on the part of the Senate.
Mr. Scott's bill [S. 188] providing for the sale of certain lands in the County of Clay was read-it having failed to pass for want of a Constitutional majority day before yesterday.
Mr. JOHNSTON, of Montgomery, thought there must be something covered up in this bill. There is a strong probability that the county seat may be moved near to this land; which would greatly increase its value. He should vote against the bill.
Mr. SCOTT and Mr. GRAY were of opinion that the land is worth more now than it will be just after the location, should it be made.
Mr. HANNA declared the title to this tract imperfect. Being a coal bed arid near furnaces, it will bring a good price. The State would realize as much by a sale now, in his judgment, as it will at any time.
Mr. JOHNSON, of Spencer, said there is a bill in the other House to restore this land to the widow of the former owner, but believing that the State owns the land, and that a sale would kill the bill referred to, he favored the passage of this measure.
The bill passed by yeas 26, nays 10.
DISCIPLINE OF PRISONS.
The President pro tem announced the special order-being Mr. Kinley's bill [S. 120] for the reorganization and government of the State Prisons, and repealing all conflicting laws, on the second reading,
Mr. ROBINSON, of Decatur, moved to strike from the bill the first section.
Mr. KINLEY said the changes in the bill were on the side of economy, humanity and moral reform, and therefore challenged careful consideration by the Senate. The fact that 800 able bodied men, furnished with coarse and simple food and shops to work in, are not self-supporting, is a sufficient argument against OUT present State Prison system. He urged the passage of page: 136[View Page 136] this bill; and, desiring that it may be made as perfect as possible, suggested that it be read by sections for the purpose of amendment before being put upon its final reading in the Senate.
Mr. JOHNSTON of Montgomery, regarded the pay of Directors, as proposed in the bill, as entirely too small; or, if it is not, then the compensation now paid is too large. He referred to inconsistencies, as he viewed them, in Mr. Kinley's remarks, and indicated his opposition to the bill.
Mr. BRADLEY would support the bill with an amendment to the 16th section, striking out the provision that the term of a recaptured convict shall be increased by the judgment of the Board of Commissioners, and inserting in lieu a provision that the convict shall be required to serve for such further time in addition to his original term as the court or jury trying the case shall determine.
Then came a recess for dinner.
AFTERNOON SESSION.
PRESIDENT, pro tem., Cravens resumed the chair at 2 o'clock p. M.
FEES OF COUNTY OFFICERS.
On motion by Mr. MORGAN the bill [H. R. 78] to amend the act of March 2, 1855, to regulate the fees of officers, concerning fees of clerks of courts and other county officers, was read the first time.
On motion by Mr. ROBINSON, of Madison, the constitutional restriction was dispensed with, the bill was read the second time by title only and referred to the Committee on Fees and Salaries.
Mr. CARSON desired instructions to go with the bill that when the fees exceed $4,000 the surplus shall go into the County Treasury.
Mr. KINLEY moved to amend the instructions by providing that one-half above $2,000 shall be paid into the county treasury.
Mr. HADLEY suggested the difficulty of paying the salaries of half a dozen clerks out of those sums. In such cases the margin left for the county officer would be very small.
The amendment was rejected.
Mr. CARSON modified his motion for instructions so as to make it a motion of inquiry as to the expediency of inserting a section to allow county officers not to exceed $3,000, exclusive of clerk hire.
The instructions as modified were agreed to.
GOVERNOR'S MANSION.
Mr. MONTGOMERY, from the Select Committee on a Gubernatorial Mansion, reported favorably to the purchase of the Hasselman property for an Executive residence, on the corner of Meridian and Vermont streets, for $70,000, and submitted a bill to provide for said purchase, which was read for information.
Mr. JOHNSTON, of Montgomery, presented a proposition to duplicate Mr. Hasselman's residence, on the Blind Asylum grounds, for $42,500. Also, a proposition to duplicate the Walpole property, On the same grounds, for $23,000; both signed by J. H. Baldwin, Franklin Landers and A. Rapert.
The report and propositions were laid on the table.
DISCIPLINE OF PRISONS.
The Senate returned to the consideration of the Prison bill [S. 120], pending at the noon recess-the question being on the motion to strike out the first section of the bill after the enacting clause.
The motion was agreed to by yes is 29 nays 9.
Mr. BRADLEY now offered his amendment printed above; and an additional section repealing all inconsistent laws.
These amendments were agreed to.
Mr. CARSON moved to amend section 9 by striking out the clause prohibiting the use of intoxicating liquors and profane language by employes; but contented himself with inserting in said section the word "habitual," before the word "use," which amendment was agreed to.
Mr. GRAY moved to amend by providing that convict labor shall not be hired for less than sixty-five cents per day for each convict. Ohio has adopt ed this plan of limiting the price for convict labor; and last year a revenue was yielded of eighty thousand dollars where heretofore the prison has been; burden to the State. He contended that unless this amendment were adopted the bill would not amount to much.
Mr. ANDREWS spoke in favor of th amendment. Indiana can certainly contract her convict labor as high as they can in Ohio.
Mr. FISHER suggested a difficulty that might follow this amendment. Suppose no one will bid 65 cents? Then the convicts will lie idle; and it were better to contract their labor for 25 cents a day, or less, than that state of things should occur.
Mr. BRADLEY thought it not good policy to adopt this amendment, because we do not know that this convict labor will always bring that price, and, as was announced D. the Senator from Wabash, (Mr. Fisher), was better to get only 25 cents a day that for the convicts to lie idle.
Mr. GIFFORD understood there were some 200 convicts in the Ohio penitentiary that could not be hired for the sum fixed by the Legislature of that State; and this page: 137[View Page 137] was one reason why the Prison Committee refused to put in the bill a clause of this kind.
Mr. GRAY said there was a combination in Ohio among those who hire convict labor, for the purpose of influencing the Ohio Legislature now in session on this subject, and that is the reason why there are some 200 now unemployed in the Ohio prison.
Mr. SMITH opposed the amendment, contending that monopolies would override any price the Legislature may set upon convict labor.
Mr. JAQUESS also opposed the amendment. Some of our prison convict labor contracts run two years yet, and a financial convulsion within that time may reduce the price of wages. Then he thought sixty-five cents too high at any rate.
The amendment was rejected by yeas 17, nays 20.
Mr. HANNA moved to amend section 19 by providing that not more than eight hours shall be exacted from the convicts for a day's work.
Mr. FISHER opposed limiting felons to eight hours work, while the rest of mankind are not also limited to that time.
Mr. MORGAN favored the bill as it now stands.
Mr. GIFFORD thought the amendment would but reduce the price of labor.
Mr. HANNA offered the amendment to see if the Senate will legislate in favor of labor or in favor of contractors. He doubted the policy of hiring out our convict labor to contractors; and no bill authorizing it could get his vote. He wanted humanity to have a liberal share of the legislation in this country.
Mr. KINLEY as a rule was an eight hour man, but since men outside of prisions have to work ten hours, he thought those inside should do the same. He moved to amend by making it ten hours,The amendment was agreed to.
The amendment as amended was also agreed to.
Mr. JOHNSON, of Montgomery, moved to strike from the llth section the words"coarse and" before the words "wholesome food," and the word "adult" before the word "person."The amendment was agreed to.
Mr. HANNA said the bill was very unsatisfactory to him, but notwithstanding that, he should vote for it.
The bill was passed by yeas 29, nays 8.
The PRESIDENT pro tem laid before the senate a message from the Governor transmitting a proposition from the Commissioners of Marion county to donate a addition to the sum of $100,000 heretofore offered by them, provided the Agricultural College be located in Marion county.
It was referred to the Committee on Agricultural College.
On motion by Mr. FISHER the bill [H. R. 388], to authorize the President of the State Board of Agriculture to fill vacancies in the offices of that Board till a regular meeting of the Board, was passed to the final reading and passed by yeas 38, nays 0.
Mr. CARSON offered a resolution that when the Senate adjourn it be till Monday at 2 o'clock P. M.
The resolution was rejected by yeas and nays.
AGRICULTURAL COLLEGE.
Mr. STEIN, from the Committee on Agricultural College, recommended the passage of a substitute for the Agricultural College bill [S. 156] accepting the donations offered by the citizens and the county of Tippecanoe, and locating the Agricultural College in said county.
Mr. CAVIN moved to refer the report and bill back to the committee, for the reason than another offer by the Commissioners of Marion county, of $75,000, had but a few moments since been sent in here by the Governor which should be considered by the committee. The money value of the inducements and donations offered by Marion county may be summed up thus: The buildings and grounds of the Northwestern Christian University, $175,000; the endowment of that institution, $110,000; the Marion county cash donation, $175,000; the twenty-seven acres adjoining the Northwestern Christian University, tendered by, the Fletcher heirs, $61,000; making a total of $521,000.
Mr. STEIN opposed the motion. The session is drawing rapidly to a close, and it-is very desirable that action should be had on this question during this present session. He reviewed the offers and inducements presented before the Committee and insisted that there should be no more delay in this matter.
Mr. TAGGART offered a resolution that when the Senate adjourn it adjourn till Monday at 10 o'clock A. M.
It was rejected by a tie vote-yeas 20, nays 20.
Mr. CARSON moved to lay on the table the motion to refer back the Agricultural College bill to the committee making the report thereon.
The motion was agreed to by yeas 23, nays 15.
Mr. HANNA offered a resolution, which was adopted, that this subject be made the special order for Tuesday at 10 o'clock, and' that 100 copies of the bill and an abstract, page: 138[View Page 138] of the propositions from Marion and Tippacanoe counties be printed.
RECESS TILL MONDAY.
On motion of Mr. FISHER the vote of the Senate refusing to adopt the resolution, adjourning from this afternoon till Monday at two o'clock, was reconsidered.
The resolution was then adopted.
RAILRORD LINES.
On motion by Mr. HANNA the bill [H. R. 322] authorizing railroad companies to connect their lines, &c., was read the second time, with Committee amendments, which were adopted.
On his further motion the Constitutional restriction was dispensed with, the bill again read, and passed the Senate by yeas 30, nays 8.
MUNICIPAL BANK SHARES TAX.
On motion by Mr. MORGAN the bill [H. R. 170] a bill to provide for the collection and assessment of taxes on shares of bank stools, was read the first time.
Mr. SHERROD moved to lay the bill on the table, and that 100 copies be printed it being an important bill and deserving careful consideration.
The motion was agreed to.
And then the Senate adjourned till Monday at 2 o'clock P. M.
