IN SENATE.
FRIDAY, May 7, 1869.The Senate met at 9 o'clock A. M.
On motion by Mr. CARSON the reading of the Secretary's minutes of yesterday was dispensed with.
The LIEUTENANT GOVERNOR laid before the Senate a message from the Governor, transmitting a supplemental report from the Commissioners of the House of Refuge, which was referred to the Committee on the House of Refuge.
On motion of Mr. ARMSTRONG his 15th Common Pleas Court bill [S. 352] introduced late yesterday afternoon, was pressed to its final reading under a dispensation of the Constitutional restriction, and passed the Senate by yeas 43, nays, none.
SPECIFIC APPROPRIATION BILL.
Mr. WALCOTT, from the Finance Committee, returned the Specific Appropriation bill [H. R. 211] with amendments.
Mr. KINLEY offered an additional amendment appropriating $5,000 for repairs of the State Prison South.
Mr. CARSON moved that the bill and amendments lie on the table, that one 100 copies be printed and that it be made the special order for 2 1/2 o'clock Monday afternoon in Committee of the Whole.
The motion was agreed to.
SHERIFFS' MILEAGE.
Mr. CARSON, from the Select Committee thereon, returned the Sheriffs' mileage bill [H. R. 53,] recommending its passage with amendments.
The amendments were agreed to, and the bill having, on a former day, been read the third time-
It passed the Senate by yeas 44, nays 0.
WITNESS FEES.
On motion, by Mr. LEE, the bill [H. R. 83] to amend sections 16, 17 and 18 of the officers' fee bill of March 2, 1865, was read the second time.
Mr. LEE moved to strike out of the bill all except what refers to the pay of witnesses. The bill increases their pay, and, as the pay of Judges, Attorneys and Jurors have been increased by bills passed this session, it is page: 178[View Page 178] but fair and just that this measure should pass.
The amendment was agreed to.
On the further motion of Mr. LEE, the constitutional restriction was dispensed with and the bill was ordered to be read the third time.
Mr. CARSON moved to amend so that fees shall not be paid to witnesses who reside in the incorporated town or city where the court is held.
Mr. HANNA opposed the amendment as conflicting with the Constitutional provision prohibiting class legislation.
Mr. BRADLEY desired to amend by allowing witnesses $2 a day and mileage, no matter whether they live in town or country.
Mr. LEE favored $2 a day for witnesses. The bulk of fees in small litigated cases now consists of witness fees, and he desired them as small as they could consistently be made.
Mr. RICE regarded the amendment as unconstitutional.
Mr. CARSON insisted that argument would lie as well against the bill in any aspect you may look at it. He thought it a bad bill anyhow, but he wanted to make it as good as he could.
Mr. LASALLE thought the rates fixed in this bill about right. The amendment proposes to make unjust discrimination between classes of citizens, and therefore is clearly unconstitutional.
The amendment was rejected.
Mr. BRADLEY moved to amend the bill by increasing the fees to $2 a day.
Mr. JOHNSON, of Spencer, insomuch as we have a bill embodying the same provision, moved to lay the amendment on the table.
The motion was rejected upon a division-affirmative 15, negative 18.
Mr. LASALLE demanded the previous question, and there being a second-
The amendment was rejected-yeas 12, nays 27.
The order to read the bill the third time being now executed-
It failed to pass for want of a constitutional majority-yeas 21, nays 18.
BILLS ON THE SECOND READING.
On motion by Mr. HOOPER, bills on the second reading were taken up for consideration by the Senate.
Mr. Montgomery's bill [S. 304] to amend an amendment of section 2 of an act of December 2, 1865, so as to authorize the service by Constable or Sheriff of a warrant throughout the State, being read the second time, with a committee amendment thereto-
Mr. CAVIN understood that the change proposed would allow the service of a warrant issued in one county by the Constables of other counties in the State. The bill was passed to the third reading.
Mr. Hooper's bill [S. 235] to render taxation for common school purposes uniform without regard to race or color, and to extend the benefits of the common schools to colored children, was being read, when -
On motion of Mr. FISHER(its provisions having been so often discussed here and it being evident that it can not pass - the bill was laid on the table.
Mr. Hamilton's bill [S. 339] to amend the 3d section of the act of May 22, 1852, incorporating manufacturing, mining and building companies, was read the second time and passed to the third reading.
MUNICIPAL BANK SHARES TAXATION.
On motion by Mr. MORGAN, the bill [H. R. 170] to tax the shares of bank stocks for municipal purposes, was taken up, after several dilatory motions, and read second time by title only.
Mr. MORGAN moved that the bill be made the special order for to-morrow at 10 o'clock.
Mr. RICE moved to amend by referring the bill to the Judiciary Committee.
Mr. TURNER regarded the success of such a motion as a death blow to the bill.
Mr. RICE denied that the motion was made for the purpose of killing the bill.
After a long conversational debate as tithe order that should be taken the motion to postpone the further consideration tit to-morrow taking precedence under the rules-
Mr. GREEN declared the object of this filibustering to be the defeat of the bill, and
Mr. GRAY'S demand for the previous question being sustained by the Senate-
Under the pressure thereof, the motion to make this bill the special order for ten o'clock to-morrow was rejected by yeas 18, nays 24.
Mr. RICE moved to refer the bill to the Judiciary Committee.
Mr. GRAY moved instructions that the committee report the bill back by Tuesday next at 2 o'clock P. M.
Pending which-
Came the recess for dinner.
AFTERNOON SESSION.
Mr. SHERROD, by leave, introduced a bill [S. 354] to authorize the purchase of a residence for the Executive of the State and appropriating $75,000 therefore provides for the purchase of the A property, corner of Pennsylvania and Ohio streets,] which was read the first time and passed to the second reading.
LIMITATION OF SPEECHES.
Mr. BELLAMY, by leave, introduced a page: 179[View Page 179] resolution restricting debate to five minute speeches.
Mr. FISHER moved to amend by striking out "five" and inserting "fifteen."
Mr. CHURCH moved to amend the amendment by inserting "ten" instead of "fifteen," which was agreed to.
The amendment as amended was agreed to.
The resolution, as amended, was adopted.
MUNICIPAL TAXATION OF BANK SHARES.
The Senate returned to the consideration of the municipal-bank-shares-taxation bill [H. R. 170], the question being on the motion to refer the bill to the Judiciary Committee.
The LIEUTENANT GOVERNOR decided the pending motion to instruct the committee out of order at this stage, (from which decision Mr. STEIN gave notice that he should appeal.)
Mr. CARSON moved to refer the bill to a select committee of one from each Concessional District,The motion to commit having precedence was agreed to by yeas 24, nays 18.
Mr. GRAY now desired to renew his motion pending at the time of taking the recess for dinner.
Mr. CARSON moved to suspend the rules that he might offer a resolution to the game effect.
The motion was agreed to.
Mr. CARSON then offered his resolution requiring the Judiciary Committee to report this bill back to the Senate with or without amendment by Tuesday at 2 o'clock P. M.
The resolution was adopted by yeas 23, nays 19.
Mr. STEIN now submitted his appeal from the decision of the Chair ruling out of order the amendment pending at the time of the noon recess.
The question being: Shall the decision of the Chair stand as the judgment of the Senate?-
On motion by Mr. BELLAMY, the appeal was laid on the table.
PROTECTION AGAINST EMPIRICISM.
On motion by Mr. ANDREWS, the bill [H. R. 24] to regulate the standing of the Medical Profession, declaring who may Practice medicine in its various departments, and providing penalties for its violation, was taken up, and under a dispensation of the Constitutional restriction, Pressed to its final reading.
Mr. BRADLEY asked, but failed to obtain, unanimous consent to strike from the first section the words "continuous," "continually'' and "consecutively."
Mr. GIFFORD was not prepared to vote upon the bill, not having had an opportunity to examine it.
Mr. WOLCOTT regarded this bill as an improper one to pass this body. There being no medical college in the State, it compels a party to seek education outside of the State before he can practice medicine in it. The bill is unjust and prescriptive in its character.
Mr. HUMPHREYS, a physician himself, hoped the bill would not pass.
Mr. CARSON was prepared to vote for the bill if it suits the medical fraternity.
Mr. MORGAN recited the provisions o the bill, and defended it from objections. He thought there was nothing wrong in the bill, but, on the contrary, that it would stimulate young men desiring to adopt that profession to study.
Mr. GIFFORD moved to refer the bill to the special Committee on Medical Legislation, with instructions to strike out the provision requiring an examination by a State Board at Indianapolis to the exclusion of the County Medical Boards.
Mr. SHERROD favored the bill, declaring that it was not for the benefit of the medical profession so much as a measure of justice to the people.
Mr. HANNA indicated his opposition to the bill.
Mr. HAMILTON also was opposed to the whole thing from beginning to end.
Mr. GRAY understood this bill to be similar to the Ohio law on this subject. He saw nothing objectionable in it.
Mr. WOLCOTT made an ineffectual motion to indefinitely postpone the bill.
The motion to refer to a special committee was then rejected.
The bill failed to pass by yeas 19, nays 24.
Mr. GREEN offered a resolution, which was adopted, granting the privileges of the floor to Hon. John Purdue, and thereupon-
Mr. STEIN said: Mr. President. In behalf of Mr. Purdue, I tender his thanks for the honorable privilege accorded to him by the vote just taken. I recognize the event as a testimonial suggested by his connection with the legislative event of yesterday; and, I am authorized to add his pledge that the enterprise which through the generous act of the General Assembly has obtained the sanction of law, shall, so far as his efforts can carry it, realize all the expectations of those whose interest has been enlisted in the great educational project inaugurated by the Congress of our common country. [Applause.]
All the Senate bills on the second reading remaining on the calendar were read by title only and referred to appropriate committees.
page: 180[View Page 180]Mr. Wolcott's bill [S. 241] to amend the act of January 15, 1844, incorporating the University of Notre. Dame Du Lac, at South Bend, was read and laid on the table as superceded matter.
Mr. Hanna's bill [S. 321] supplemental to an act creating the Twenty-fourth Judicial Circuit, was read the third time and laid on the table as superceded matter.
Mr. Howk's bill [S. 135] to amend section. 2 of act of June 4, 1861, for the redemption of real property sold on execution, was read the third time, and failed to pass by yeas 10, nays 32.
Mr. FOSDICK explained his opposing vote by stating that the bill would oppress poor people if enacted into a law.
Mr. Hughes' omnibus bill [S. 197] to provide for an extended system of education, etc., was laid on the table.
Mr. Wolcott's bill [S. 249] to provide for the construction and maintenance of fish ladders, being read the third time-
Mr. WOLCOTT explained that fish ladders was a new invention, costing but little, and used in Europe and our Eastern States with great success. It is really a bill to cheapen an important article of food.
The bill passed by yeas 30, nays 10.
The bill [S. 277] regulating the employment of persons under sixteen years of age in cotton or woollen factories in this State [not more than eleven hours in one day] being read the third time-
Mr. JOHNSON, of Spencer, moved to lay the bill on the table.
Mr. FISHER hoped that motion would not prevail, for he was sure there were merits in the bill.
The motion to lay on the table was agreed to by yeas 22, nays 15.
Mr. Laselle's bill [S. 254], declatory of the meaning of the twenty-seventh section of the act of May 14, 1832, regulating descents, coming up-was laid on the table in the absence of the author, after being read the third time.
Mr. Hooper's bill [S. 262], requiring certain pleadings in actions upon bills of exchange, &c., to be verified by affidavits, coming up-it was laid on the table for the game reason, after being read the third time.
Mr. Church's bill [S. 276], for the relief of the heirs of Patrick Donovan, deceased, being read the third time-
It was passed by yeas 35, nays 3.
On motion by Mr. HOOPER, his bill [S. 262] laid on the table a few minutes since, was taken up. He explained its provisions. It was to save costs in courts and remedy abuses which have grown up in the present practice.
Mr. BRADLEY opposed the bill, and submitted the reasons which influenced his opposition.
Mr. HANNA regarded this as a of class legislation, and would, vote against the bill.
The bill failed-yeas 18, nays 22.
On motion by Mr. DENBO the bill [H. R. 119] making an appropriation of $413,599 48 to pay the claims of sufferers by the Morgan raid, was taken up and read the first time.
And then the Senate adjourned.
