IN SENATE.
MONDAY, May 10, 1869.The Senate met at 10 o'clock A. M., President pro tem John R. Cravens in the chair.
page: 196[View Page 196]On motion of Mr. JAQUESS the reading of the Secretary's minutes of Saturday was dispensed with.
On motion of Mr. KINLEY the Senate proceeded to the consideration of House bills on the first reading; and, accordingly, the following described bills were read the first time and severally passed to the second reading:
The bill [H. R. 114] to amend section 5 of the common school law.
On motion by Mr. BRADLEY the House amendments to his levee and drain bill S. 134, were taken up and concurred in.
The joint resolution [H. R. 8] for Congressional instruction in favor of the soldier, delinquent volunteers of the war of the rebellion, being read-
Mr. FISHER moved that the resolution He on the table-there evidently being no quorum present.
The motion was agreed to.
The bill [H. R. 194] to provide for the publication of Agricultural and Horticultural Reports annually.
The bill [H. R. 321] to amend the act authorizing cities and towns to issue bonds to complete or build school buildings, approved March 11, 1867.
The bill [H, R. 198] to amend the 19th section of the felony act of June 10, 1862.
The bill [H. R. 104] to amend section 397 of the practice and pleading act of June 18, 1852.
The bill [H. R. 186] providing for proceedings supplementary to executions issued by Justices of the Peace, being supplemental to the act of June 9, 1852.
The bill [H. R. 294] for the relief of the heirs of Patrick Donoven, deceased.
The bill [H. R. 79] to provide for the erection and repair of bridges.
The bill [H. R. 116] to encourage the destruction of foxes and wild cats.
The bill [H. R. 213] prescribing the duties of County Auditors in relation to the cancelling of county orders, etc.
The bill [H. R. 95] for the relief of John Ingle and John Ingle, jr.
The bill [H. R. 158] to amend section 23 of the valuation and assessment act of June 21, 1852.
On motion by Mr. WOLCOTT, the House amendments to his graveyard bill [S. 61] were read and concurred in.
The House concurrent resolution requiring a Chaplain's report to the next Legislature of the number of volumes in the Prison libraries was read and concurred in.
The House concurrent resolution to print 10,000 copies of the road law for the use of Supervisors of Highways, was read and concurred in.
The bill [H. R. 52] authorizing the assessment of land for gravel, plank and MacAdamized road purposes, and repealing the law of 18G7being read the first time-
On motion by Mr. GREEN, the Constitutional restriction was suspended, the bill was read by title only and referred to the Committee on Corporations.
On motion by Mr. JAQUESS the House amendments the Soldiers' Home bill [S. 246] were concurred in.
OWEN'S GEOLOGICAL CABINET
The House concurrent resolution concerning the appropriation of $20,000 for the purchase of Dr. D.D. Owen's geological cabinet being read -
Mr. WOLCOTT moved to amend by reducing the appropriation to $10,000, for the reason that such cabinets have very little market value, though collected at great expense of time and labor. The Senator from Monroe stated last session that it had been offered to the State University for $10,000, and the present State Geologist knew of its having been offered for $16,000. Then a sister State has paid but $3,000 for one probably as good.
Mr. FISHER said that the widow of Dr. Owen would rather sell it for $16,000 and have it retained in the State than to sell it for $20,000 and have it removed out of the State, and that she had been offered the latter sum from parties outside of the State.
Mr. JAQUESS understood that this cabinet could be bought for $16,666, but thought it better to pass the resolution as it is it embracing the items of expense incident to the removal of this cabinet.
Mr. CARSON said the appropriation of such a large sum was a proper subject for the consideration of a committee, and he moved to refer the resolution and Amendment to the Committee on Finance.
Mr. FISHER thought the reference unnecessary; that committee knows nothing about this cabinet, except from rumor.
Mr. CARSON said the committee should consider the ability of the State to make this appropriation, the necessity of it, and its propriety.
Mr. MORGAN regarded this as one of the most valuable cabinets in the country, embracing some 84,000 collections. He saw no necessity of sending this resolution to a committee, and was very much in favor of the appropriation.
Mr. WOOD suggested that there was no place about the State buildings in which to put this cabinet, and gave that as one additional subject for the consideration of the committee.
Mr. WOLCOTT noticed that there is no mention made in the resolution about the furniture of the cabinet the scales, drawers, cases, etc. He had no doubt this is a very valuable cabinet, but knew from general observation that geological cabinets are not valuable property. Looking at such a purchase, however, in a favorable light, he would consent to an advance on his own proposition of $6,000; and so proposed to amend it.
Mr. Carson's motion was agreed to, and the resolution and amendments were ac page: 197[View Page 197]cordingly referred to the Committee on Finance.
The bill [H. R. 80] declaring what evidence shall be sufficient to establish title, prima facie, under a Sheriff's sale on execution, was read the first time and passed to a second reading.
TAX TITLES.
The bill [H.R. 136] to create a lien on real estate sold for taxes by the County Treasurer, in favor of the purchaser, being read the first time -
On motion by Mr. FISHER, the Constitutional restriction was suspended, and the bill was read by title, so that it might be referred to the Committee on County and Township Business.
Mr. BRADLEY moved to instruct the Committee to strike out the "fifty" per cent. penalty, and insert in lieu thereof "twelve."
Mr. FISHER resisted the motion. Men who are borrowing money, frequently refuse to pay taxes because, at the end of two years, they can bring on suit and recover their land by paying the purchaser only six per cent. interest on the money paid at the tax sale; consequently we have such large delinquent lists all over the State. In order to remedy this evil he desired to see the bill passed.
Mr. GREEN regarded this as a very important bill, intended to remedy a great evil, and he opposed the instructions submitted by Mr. Bradley.
Mr. CARSON did not wish to see this bill passed, because its effect would be to put the poor men of the State in the hands of the money sharks. Necessity alone compels the poor man to let his land go delinquent.
Mr. BRADLEY was not opposed to any law that would facilitate the collection of taxes, but would much prefer a statue of limitation - say three, four or even six years.
Mr. BIRD opposed the passage of the bill. The present law is plenty good enough, if properly enforced. The only thing that might be done would probably be to extend the time for the collection of delinquent taxes. You want to give the collector time enough, and the present law is good enough.
Mr. GREEN insisted that this bill was only driving at the technicalities of the law unjustly taken advantage of by those who purposely allow their lands to be sold for delinquent taxes.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. WOLCOTT called up the special order for this hour - being the consideration of the specific appropriation bill [H. R. 311] in Committee of the Whole; and, thereupon, the Senate resolved itself into a Committee of the Whole, Mr. GIFFORD in the Chair.
On motion by Mr. CARSON, it was ordered that the bill be read and adopted by sections.
Sections 1, 2, 3 and 4 having been adopted, and section 5 having been read Mr. FISHER said the committee saw no justice in erecting a monument to Governors Wiliard and Jeimings and General P. A. Hackleman, and not to Governors Wright, Noble, Whitcomb and others. He therefore moved to concur in the Committee amendment striking out this section.
Mr. RICE paid a feeling compliment to the memory of Governor Wright, a former citizen of his county. As the present Governor has recommended such an appropriation, he felt that he would like to see the I section amended so as to provide for a life-sized portrait of all our Ex-Governors to be placed in the State Library.
The LIEUTENANT GOVERNOR hoped the Senate would leave the appropriation for a monument to General Hackleman stand. That soldier died poor, and this I would be a fitting tribute. Mr. HANNA suggested that a monument be erected in the Governor's Circle on I which maybe inscribed the names of the ex-Governors. He inquired why General Hackleman was singled out from among our departed heroes?
Mr. FISHER said it was because he was | the only general officer who fell in the field.
The committee amendment was agreed to.
The LIEUTENANT GOVERNOR moved to insert a section appropriating $1,000 for the erection of a monument to the late P. A. Hackleman, in lieu of the section stricken out.
Mr. HANNA could riot see why this soldier-though a relative of his-should be singled out in this way, and he could not vote for the amendment. He moved to amend by adding an additional thousand dollars for a monument to the late Colonel Neff of Sullivan county.
Mr. BRADLEY moved to further amend by adding $1,000 for a monument to Colonel Gilbert Hathaway of Laporte county.
Mr. CARSON moved to add $5,000 for the erection of a monument to General Anthony Wayne on the old fort grounds in the city of Fort Wayne.
Mr. BELLAMY objected to these amendments proposing appropriations for monuments to colonels.
Mr. RICE offered a substitute authorizing life-like portraits of all Ex-Governors to be placed in the State Library-appropriating not exceeding $200 for each. The memory of these brave military leaders are page: 198[View Page 198] embalmed in the heart of every man that lives and moves and has a patriotic heart. Every man of Indiana, for all time, will like to look upon the portraits of the men who have governed the destinies of this State every four years, and he hoped his substitute would be adopted.
Mr. LASALLE moved to amend by adding the words "and Territory" after the word "State."
Mr. RICE accepted this amendment.
The substitute was adopted.
Section 10, appropriating $57 75 for taking care of horses for the General Government in 1863, being read-
Mr. BRADLEY moved to strike it out it being a claim against the General Government.
Mr. FISHER regarded it as a similar claim to many that have been allowed by the State.
Mr. HANNA insisted that we should not allow claims against the General Government.
Mr. CRAVENS knew the claimant to be a reputable citizen of his county.
The motion to strike out was agreed to.
Section 19 being read-
The committee amendment reducing the sum of $32 for a Registry book, to $23 04 was agreed to.
Section 20 being read-
The Committee amendment substituting $16 92 for $23 for printing 750 yeas and nays, was agreed to.
Section 21 being read-
The Committee amendment striking out $24 and inserting $17 28 for a book Register of bills, having been read-
Mr. TURNER said the Committee was satisfied that all these bills were 30 per cent, too high, and ordered their clerk to make the reduction.
The amendment was agreed to.
Section 22 being read-
The Committee amendment striking out $36 25 and inserting $26 10 in lieu, was agreed to.
Section 23 reimbursing $1,200 to the contingent fund was stricken from the bill on motion by Mr. BRADLEY.
Section 26 allowing the State Printer $7,455 13 for extra work done on the Adjutant General's Report, being read-
Mr. HOOPER moved to strike it out. This work was printed under a contract, and he saw no good foundation for this claim.
Mr. CARSON thought we should not allow contractors to come in here in this way and claim extra pay. Especially in this work the Legislature was entirely over reached.
Mr. GRAY and Mr. BELLAMY explained that in order to avoid making fifteen or twenty volumes the type was changed from large to smaller, which made composition.
Mr. HANNA had taken the look into this matter and explained the change from brevier to nonpariel type. Several volumes contained an excess of number of pages required by the contract, and this claim is for the excess.
Mr. HUMPHYEYS moved to reduce this amount 30 per cent.-the same reduction that has been made in the Printer's other bills.
Mr. FISHER said if the original contract had been lived up to strictly we would have had sixteen volumes instead of eight and the State would have had to pay $70 000 or $80,000 more for this work. He though-the amount should be allowed.
Mr. CHURCH and Mr. GREEN were satisfied that the claim should be paid m Mr. HOOPER still believed that the section should be struck out.
Mr. TURNER favored Mr. Huffman's amendment allowing $5,220 instead of $7,455, because he thought the 30 per cent deduction was about right for all bills coming from that printing establishment.
Mr. SHERROD could not believe that the public printer would make so large a charge erroneously, and hoped the amendment would be withdrawn. Let the section be adopted.
Mr. GRAY understanding that the work was done under an open contract, and that the House Committee had cut down the claim about 30 per cent(from upwards of $9,000)he thought this claim about fair.
Mr. FOSDICK had heard no one complain of the injustice of this claim, and if it be just it should be allowed.
Mr. HUMPHREYS recited the history of the order for the printing of this report, which has already cost the State about $80,000. He could not tell whether this claim is just or not, but it certainly should be examined very closely before allowed.
Mr. HAMILTON thought the State had been saved some $60,000 by the change talked of, and acknowledged here to have been made.
On motion by Mr. WOLCOTT, the amendment was rejected.
The motion to strike out the section was also rejected.
The section was then adopted.
Section 27, allowing $2,000 to Jonathan S. Harvey, late Treasurer of State service, being read-
Mr. CARSON moved to strike it out.
Mr. WOLCOTT read from Mr. Harvey's itemized account, and explained its correctness.
Mr. CARSON regarded this as a claim belonging not to the State of Indiana, opposed its allowance.
page: 199[View Page 199]Mr. ROBINSON, of Madison, presented papers to prove the justness of the claim.
The motion to strike out was rejected.
The section was adopted.
Section 59 being read, allowing $843 42 the city of Indianapolis for constructing a sidewalk around the Governor's Circle -
Mr. CARSON made an ineffectual motion to strike it out.
The section recommended by the Committee on Finance, allowing Talbott & Costigan $7,501.34 for articles used in building the State Prison North, being read-
Mr. FISHER moved to strike it out, and he showed that these contractors should not be allowed this claim-reciting many facts concerning their connection with the construction of the Northern Prison.
Mr. BRADLEY knew nothing of the matter of fraud referred to by the Senator from Wabash (Mr. Fisher). He read papers signed by members of former Legislatures, and made statements founded on undisputed authority, to convince Senators that the claim is just and ought to be allowed.
Mr. HOOPER stated that no minority report from the Committee on Claims was presented on this claim because he did not notice when the majority report was made-although he watched for it.
Mr. WOLCOTT and Mr. FISHER said, although this amendment appears as coming from the Committee on Finance, that Committee does not endorse it. It was referred to that Committee by the Committee on Claims, with instructions to report it in this bill, and that accounts for its appearance here in this connection.
After further remarks by Mr. ROBINSON, of Madison, Mr. BRADLEY, and Mr. CRAVENS-
The motion to strike out was rejected.
The section was adopted. And then, on motion by Mr. BRADLEY, the Committee rose, reported progress, and asked leave to sit again.
The Chairman reported as directed, and the report was concurred in.
Mr. CRAVENS, from the special committee thereon, returned the Morgan Raids Raids bill [H. R. 119], recommending its passage in a written report, reciting at length reasons why the bill should become a law.
Mr. HOOPER moved that the Senate adjourn.
The motion was rejected by yeas 20, nays 25.
Mr. FISHER opposed the passage of the bill. He read authorities to prove the correctness of his statement made the other day, that the General Government had reimbursed the State of Ohio only for damages done by the United States troops: - for expenses incurred in repelling the raid. He was unwilling that a deception should be practised here in order to secure the passage of this bill. He defied any Senator to produce an instance in the world's history where a government has paid for damages done to private property by a common enemy.
Mr. HOOPER regretted that there is a disposition manifested to pass through a measure of so much importance as this in such haste. This bill proposes to appropriate $413,000a sum that will certainly reach the bottom of the Treasury unless a further levy is made on the people of the State in the shape of taxes. He could not see why claims against the General Government should be fastened on the State; and, so far as the other classes of claims are concerned, they have no right in justice or in law to demand payment by the State. And whenever you depart from this and go outside of law to allow claims you enter upon dangerous ground.
Mr. HANNA argued that the failure of the State authorities to protect the property of these claimants laid the whole people of the State liable to bear the burdens to pay for its destruction-because when the people of the State put those in authority who failed to discharge their duty the whole people of the State are responsible for the failure.
Mr. GRAY, while extending his sympathy to the claimants, did not think this a just claim against the State of Indiana. He regarded reflection against the State authorities in this connection as having no foundation in fact.
Mr. CARSON made an ineffectual motion to adjourn.
Mr. TURNER demanded the previous question.
The demand was sustained by the Senate-upon a division-affirmative 24, negative 17-and-
Under its pressure the report of the Committee was rejected, by yeas 23, nays 24-follows:
YEAS-Messrs. Andrews, Bellamy, Bird, Bradley, Church, Cravens, Denbo, Grifford, Green, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Laselle, Lee, Montgomery, Bice, Robinson of Madison, Sherrod, Taggart and Turner-23.
NAYS-Messrs. Beardsley, Carson, Case, Caren, Eliott, Fisher, Fosdick, dray, Hadley, Hamilton, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Morgan, Reynolds, Robinson of Decatur, Scott, Smith, Stein, Wolcott, Wood, and the Lieutenant Governor-24.
Pending the roll-call-
Mr. CARSON, when his name was called, said that this report was untrue in law, and false in fact.
Mr. CRAVENS, in explanation, disclaimed any personal or party allusion in his report,it was but the simple announcement of a general proposition.
page: 200[View Page 200]Mr. FISHER spoke knowingly when he declared that there was an organised regiment of men in every border county at the time of this raid, but the difficulty was they had no horses, and therefore could not catch Morgan.
Mr. GREEN did not like the language of the report very well.
Mr. HAMILTON was not prepared to endorse the language of the report.
Mr. HUMPHREYS, by his vote would not commit himself for the bill.
Mr. RICE disclaimed any intention in the report to strike at the officials of the State at the time of this raid.
Mr. ROBINSON, of Madison, thought the bill should not be passed without some amendment, and consequently regretted that the demand for the previous question had been seconded.
Mr. STEIN had been resting under the delusion that the State of Ohio had been reimbursed by the General Government for claims similar to these, but under the light thrown upon that question this afternoon he would not take the risk of voting for this bill.
Mr. WOLCOTT believed this report to be untrue in law and false in its deductions of facts.
Mr. WOOD voted "no" without indicating how he should vote on the bill.
The LIEUTENANT GOVERNOR, in explanation of his vote, said: If the Chair should be called upon to vote on the bill I should vote "aye," for I believe the bill is right; but I do not believe the statements in this report are true; and I can not give my vote to concur in a report that casts censure upon the Governor of the State, I therefore vote "no."
So the report was rejected
And then the Senate adjourned.
