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Brevier Legislative Reports, Volume XI, 1869, 431 pp.
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IN SENATE

THURSDAY, May 6, 1869.

The Senate met at 9 o'clock A.M.

The Secretary's journal of yesterday was being read, when-

On motion of Mr. HADLEY, the further reading thereof was dispensed with.

Mr. CARSON filed his motion to reconsider the vote of yesterday by which the Female Reformatory Prison bill [H. R. 176] passed the third and last reading in the Senate.

Mr. JOHNSTON, of Montgomery, reported adversely to the claim of Dr. Wright for services rendered in the arrest of a murderer in Tippecanoe county.

Mr. STEIN regarded this as a meritorious claim, and resisted the Committee's report.

Mr. JOHNSTON, of Montgomery, insisted that the counties should pay such claims and not the State.

Mr. STEIN took the contrary view.

Mr. RICE offered a resolution which was adopted, directing the purchase of fifty-one copies of Wilson's Digest of Parliamentary Law, one for the President of the Senate and each Senator.

THE SOLDIERS' HOME.

Mr. HOOPER offered the following:

Be it revolved by the Senate of Indiana (the House of Representatives concurring therein), That the Trustees and officers of the Soldiers' Home are hereby instructed and directed to transfer, at the earliest practical time that it can be done, by voluntary consent of the inmates, the soldiers and seamen now in the Home at Knightstown, to the National Homes at Dayton, Ohio, or Milwaukee, Wisconsin, and as fast as transferred, to fill their places by orphans of soldiers or seamen and that said Trustees shall not admit any more soldiers or seamen in the Home at Knightstown, except in extreme cases; and report to the Governor semi-annually the transfers made.

The resolution was adopted.

The Soldiers' Home bill [S. 240] was then taken up, it being the special order for this hour.

Mr. HADLEY offered an amendment, which was adopted, designating the fund from which the appropriations shall be drawn, &c. He also spoke at length in favor of the bill; explaining that it proposes to increase the weekly allowance for each inmate of the Home from $1 50 to $2 50 per week, and to give power to the Trustees to indenture the children as fast as they find good homes for them.

Mr. SHERROD opposed the billion principle. He refrained from detailing the facts in connection with this Soldiers' Home coming from our disabled soldiers who have been inmates of that institution, because he did not want said facts to go to the public.

Mr. HAMILTON spoke of the advantages enjoyed by the children of the Soldiers' Home over those sent to county penthouses, and he urged the passage of this bill.

Mr. HANNA regarded it as bad policy to congregate children together and attempt, to raise them under such circumstances; and he objected to singling out a class of inhabitants and conferring upon that class special privileges above others.

Mr. CHURCH did not want to perpetuate this thing, but to get rid of it as soon as we can. These children are there, and the institution is there; and the probabilities are that we will have to keep it up for two years to come. Believing Senators had talked all they wanted to about this matter, he demanded the previous question.

The demand for the previous question was seconded by the Senate, and under its pressure the bill passed by yeas 30, nays 10.

Mr. JOHNSON of Spencer, objecting to some of the provisions. But the clause directing the Manager to hunt up houses for these orphans determined his affirmative vote.

Mr. MORGAN, explaining, knew not of a soldiers orphan from his county going to Knightstown - the county he represents taking care of its own. At this Home, on a recent visit, he saw many able to earn their own living, and as there are some people so fond of ease as not to provide for children of their own, it looks as though we were calling upon counties at a distance to provide for the orphans of the immediate vicinity of this institution. He believed his people were willing not only to support their own, but willing also to help support the orphans in tile counties near this Home, and should therefore vote "aye."

Mr. TURNER, explaining, would never deny protection to the helpless; therefore he voted "aye," upon the ground that almost general consent has been given here by Senators that at no distant time this institution is to be closed, and be no longer a leech on the State.

So the bill passed the Senate.

THE ELECTION LAW.

The bill [H. R. 140] repealing certain sections of the registry law, being the special order for this hour, was taken up, and the amendments reported by a majority of the Committee on the Judiciary - making it obligatory upon the Inspector to number the ballots as he puts them in the ballot box, etc., were read.

Mr. CAVIN offered amendments to the committee amendments, so as to make the page: 170[View Page 170] bill applicable to municipal elections; and they were agreed to.

Mr. JAQUESS offered an amendment, which was adopted, prohibiting any person who has a bet on the result of the election from sitting on the Election Board.

The amendments proposed by the majority of the committee were agreed to by yeas 20, nays 20.

Mr. ARMSTRONG moved to amend by requiring the voter to give in his residence and where he last voted.

On motion of Mr. SHERROD the amendment was laid on the table.

On motion by Mr. ROBINSON, of Madison, the bill was ordered to be read the third time.

Mr. RICE demanded the previous question. The demand was seconded by 28 Senators; and, thereupon-

Under the operations of the previous question-

The bill passed the Senate by yeas 26, nays 16-as follows:

YEAS-Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Caven, Church, Cravens, Eliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, and Wolcott-26.

NAYS-Messrs. Bird, Bradley, Carson, Denbo, Gifford, Henderson, Huey, Humphreys, Johnson, of Montgomery, Laselle, Lee, Montgomery, Morgan, Stein, Taggart and Turner-61.

Mr. CARSON, explaining that he desired an amendment requiring every elected officer, previous to qualifying, to take an oath that he used no unlawful means to secure his office. The man who secures the illegal vote is the man that has acted unlawfully.

Mr. LASSELLE, in explanation of his vote, said this bill was contradictory to the spirit of the Constitution, and ought not to be adopted.

Mr. MORGAN, in explanation, remarked that he feared this bill would but open up new ways for fraud in elections, and consequently should vote against it.

Mr. RICE, explaining his vote, said that when a citizen does not wish to let a neighbor know how he votes he should have that right. He desired an amendment, so that the ballot box should be sealed after the votes are counted, and not be opened again except it be necessary to expose fraud, and for that purpose alone. He voted "aye" for the purpose of moving a reconsideration.

So the bill passed with an amendment of title.

And then came the recess till two o'clock.

AFTERNOON SESSION.

On motion by Mr. JOHNSON of Spencer, the bill [H. R. 53] to regulate the mileage of Sheriffs for conveying convicts the State prisons, was taken up.

Mr. JOHNSON of Spencer moved suspend the Constitutional restriction th this bill may be passed now.

The motion was agreed to and the bill was read by title only.

Mr. FISHER said there were many imperfections in the bill, and he pointed out several of them.

Mr. SCOTT moved to amend the bill by striking out "108" for Martin county, an; inserting "125" in lieu.

Mr. HANNA hoped the bill would not be amended unless there is something important that should be changed, because business between the two Houses is in sue confusion that it would endanger the passage of the bill to have it sent back to the House with amendments.

The amendment was rejected.

Mr. GREEN moved to amend by allowing Tipton 126 miles.

Mr. JOHNSTON, of Montgomery, regarded the amendment so trifling that he moved to lay it on the table. The motion was agreed to.

Mr. FISHER moved to amend by striking out "115" miles for Miami county and inserting "91" in lieu.

On motion by Mr. JOHNSTON, of Montgomery, this amendment was also laid On the table.

The bill was read the third time and failed to pass-yeas 23, nays 22-Several Senators stating that their negative votes were cast on account of the many imperfections in the bill-the omission of Decatur county, &c., &c.

On motion by Mr. ROBINSON, of Decatur, the bill was committed to a special Committee, with instructions to correct errors; the vote ordering the bill to be read the third time, having been reconsidered on motion by Mr. Jaquess.

THE PUBLIC PRINTING.

The special order-being the bill [S. 158] to provide for the public printing, &c., was called up by Mr. Hooper.

The Committee amendment to section 7, providing that the Commissioners shall not be interested in any way in the public printing, was agreed to.

Mr. HANNA thought this no time to raise prices. The bill increases the prices for composition from forty-five to sixty cents per thousand ems.

Mr. HOOPER explained that the sixty cents included rule and figure as well as plain composition; which about equalized the price. He had a written proposition from one of the best printers in the city do the work, under this bill, for 10 per cent. less than the prices fixed therein.

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FISHER stated the object of the Committee was to reduce the cost of the public printing, and at the same time leave a handsome profit to the State Printer.

Mr. CHURCH regarded this bill as striking out in a new field that he did not understand, and consequently he should vote against the bill.

Mr. HOOPER said the bill did not branch out in a new field. The only thing in this bill is that it regulates the prices to be paid for printing and binding. An important feature in the bill is the provision for a commission of two practical printers and a binder to examine and audit all work done. He believed all its provisions to be wise and that they would be of great benefit to the State.

Mr. RICE could not see that the State would be making anything by the passage of this bill; and should vote against it on general principles.

Mr. TURNER thought there was no economy in passing this bill and was inclined to vote against it. He referred to a bill for $145 for printing which came before the Finance Committee to which he objected on account of the big price charged, and on investigating it the committee cut it down to $100. He would willingly vote for a bill that would remedy the evils complained of or inaugurate a system of retrenchment in any matter, but could not see any advantage in that direction by the passage of this measure.

Mr. GREEN demanded the previous question-and there being a second-

Under the operations of the previous question-

The bill failed for want of a constitutional majority-yeas 21, nays 20.

On motion by Mr. STEIN, the House amendments to his Savings Bank bill [S. 161] were taken up and concurred in.

Mr. STEIN moved to reconsider the vote by which the Female Reformatory Prison bill [H. R. 176] was passed yesterday. He desired to strike from the bill the clause retaining inmates in the penal department no longer than till they are 21 years of age the courts might sentence for a term extending beyond the time when the inmate would reach that age.

Mr. FISHER opposed the motion. If that be an error needing correction, the next Legislature can change the bill in particular.

The yeas and nays were demanded and ordered, but before the result was announced Mr. STEIN withdrew his motion.

Mr. CARSON renewed it.

Mr. ROBINSON, of Madison, moved to lay the motion to reconsider on the table.

The latter motion was agreed to by yeas 23, nays 20.

COURT BILLS.

Mr. Bellamy's bill [S. 308] to create the first Judicial Circuit was taken up, and he submitted a substitute therefor, which was adopted by unanimous consent.

The bill was read the third time, and passed by yeas 33, nays 2.

The Marshall county Circuit Court bill [H. R. 205] was then taken up, and, on motion of Mr. BRADLEY, the bill was pressed to the final reading under a dispensation, and passed the Senate by yeas 38, nays 0.

The Laporte and Marshall Common Pleas bill [H. R. 225] was taken up, and, on motion by Mr. BRADLEY, it was also pressed to the third reading, and finally passed by yeas 36, nays 1.

The bill [H. R. 334] amending the act creating Criminal Courts-validating those courts, etc. coming up, on motion by Mr. CAVIN, the constitutional restriction was dispensed with, and the bill was read by title.

Mr. BELLAMY moved to amend so that the salaries of Judges and Prosecutors.; shall be paid by the Court Districts; $2,000 per annum for Judges, and $500 for Attorneys.

Mr. MORGAN made an ineffectual motion to lay the amendment on the table.

Mr. KINLEY regarded the amendment, as unfair.

Mr. CARSON saw no reason why this amendment should be adopted. Crime is not local. And this system of local taxation is what is ruining the State.

Mr. ROBINSON, of Madison, demanded the previous question, and it was seconded by twenty-two Senators.

The amendment was agreed to by yeas 27, nays 3.

Mr. FISHER explaining his negative vote by announcing his willingness to favor such a provision in a proper place. This being a bill legalizing these courts it was not a proper place for such an amendment.

Mr. CAVIN offered an amendment which was adopted, striking out the preamble to the bill.

The bill was passed by yeas 32, nays 3, with an amendment of title.

A similar bill [S. 324] was laid on the table on motion of Mr. Fisher.

The Sixth Judicial Circuit Court bill, [H. R. 203,] coming up-

Mr. HANNA offered an amendment, which was adopted, changing the times or terms of the Courts in Clay and Putnam counties.

On motion of Mr. HENDERSON the constitutional restriction was suspended, the bill pressed to the final reading and passed the Senate by, yeas 34, nays 1.

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NEW PROPOSITIONS.

Mr. ARMSTRONG, by leave, introduced a bill, [S. 352,] to fix the times of holding the Common Pleas Courts in the 15th Common Pleas District, It was read the first time.

Mr. CARSON, by leave, introduced a bill, [S. 353] repealing all laws in relation to Criminal Circuit Courts in the State of Indiana, which was passed to the second reading.

And then the Senate adjourned.

CORRECTION.-The report from the Committee on Fees and Salaries, made in the Senate early yesterday morning, on the County officers' Fee bill [H. R. 78] is erroneously attributed to Mr. Stein. It was Mr. Green who presented the report.

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