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

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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.

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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.

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