IN SENATE.
TUESDAY, May 11, 1869.The Senate met at 9 o'clock A. M.
On motion of Mr. JOHNSON, of Spencer-the reading of the Secretary's minutes yesterday was dispensed with.
On motion by Mr. HANNA, the lateral railroad bill [S. 330] was read the third time, and passed the Senate by yeas 37, nays 0.
Mr. CRAVENS had leave to withdraw report of the special committee on the Morgan Raid bill [H. R. 119], submitted yesterday afternoon-the vote thereon being reconsidered for that purpose.
THE SPECIFIC APPROPRIATION BILL.
On motien by Mr. WOLCOTT, the Senate resolved itself into a Committee of the Whole, and resumed the consideration of the Specific Appropriation bill [H. R. 111] - Mr. Gifford in the chair.
The section recommended by the Finance Committee appropriating various sums of money to different persons for expenses incurred in defending suits instituted against them for arrests made by them, while acting under orders, being read -
Mr. HANNA moved to strike it from the bill for reasons which he gave.
Mr. FISHER said the section was not here by the action of the Committee - the Senate instructed them to report it.
Mr. HADLEY believed there were claims paramount to these which would exhaust the Treasury; and, therefore, favored the motion to strike out.
Mr. HAMILTON thought it but just to help these men out of the difficulty which overtook them in consequence of their obedience to their superior officers.
Mr. TURNER was satisfied there were thousands of similar claims outstanding, and if this precedent were adopted there is no telling where the end will be.
The motion to strike out was agreed to upon a division of the Senate.
Mr. WOLCOTT moved to increase the sum allowed in the committee's amendment for attorney fees in the case of the State of Indiana v. the Central Canal Company from $750 to $1,000.
Mr. ROBINSON of Madison moved as a substitute that a sum not exceeding $1,000 be allowed.
Mr. CARSON moved to add: or so much as shall be necessary in the opinion of the Governor, and declaring that $1,000 shall cover all the attorney's fees in this case.
The amendment was rejected.
The substitute was adopted.
The section, as amended, was adopted.
The section recommended by the committee, allowing J.A. Coburn $31,813 95 for settling claims of the State against the United States, being read -
Mr. CARSON opposed its adoption. Indiana is supporting a Governor, Adjutant General, and other State officers, to take care of her interests, and yet it seems that a clerk or agent has to be employed for two months to look after our interests, and to be paid for that service more than you pay your Governor, or Senators for six years' services in Congress. And what labor did this valuable clerk perform? Can any Senator show that he furnished brain, muscle, or labor, or incurred any risk or hazard iv this matter?
Mr. GREEN stated that two per cent, is the lowest that has been allowed by sister States for similar service.
Mr. TURNER regarded this as a claim arising under a duly authorized contract If there was any honorable means to get out of the payment of a portion of this sum he was willing to do so; but he was not willing to go back upon written contracts made by agents of the State.
The LIEUTENANT GOVERNOR read from the Governor's message these words to which he called the attention of the Senate:
"I thereupon consented that the Adjutant General might employ such an agent, at a compensation not exceeding two per cent, on the amount which should be allowed to and realized by the State through his efforts, but no part of this per centum should be paid until it should be acted upon and the arrangenent approved by the General Assembly."
Mr. HOOPER insisted that the responsibility of this matter rested with the General Assembly, as evidenced by the words of the Governor just read. The amount allowed bears no sort of comparison to the services performed; therefore., he moved to strike out $31,000, and insert in lieu $10,000.
Mr. KINLEY. The very language of the contract distinctly states that it is not to be binding until it receives the approval of the General Assembly. He should therefore vote for a reduction of the claim.
Mr. CHURCH was of the opinion that the Legislature should approve what has been done. The Adjutant General and the Governor having failed to get this claim through, and this agent succeeding in obtaining a settlement-which they could not, he certainly should be paid for the service.
Mr. BRADLEY regarded this compensation as reasonable, compared with what similar agents have been paid for similar services, and hence he had come; to the conclusion to favor the adoption of the section.
Mr. CARSON had heard no good reason offered for this enormous allowance made to this agent by this proposed section, and the country will fail to see any reason for." this-it is inexplicable. The Governor justly throws the responsibility upon the page: 206[View Page 206] Legislature to ratify this contract, and the Legislature cannot escape from it.
Mr. STEIN did not see anything novel or peculiar in this matter. This rate is as low as prevailed in Washington City for services of this character. We have been compelled to resort to an agent, and the Question is whether the compensation proposed is exhorbitant or not. In view of all the circumstances he should vote to ratify the contract.
Mr. WOOD insisted that the contract was entered into with the risk of its ratification by the Legislature. He understood there were about $3,000,000 of claims at the time this contract was made. Now only about half of the claims are adjusted, and those probably the easier elass. The eon-tract is not filled, and who knows if this allowance is made what we will have to pay for the settlement of the other half?
The LIEUTENANT GOVERNOR regarded it as very clear that there was no contract in the case. He was satisfied that this man had not performed any service that he was not already paid for by the $1,200 he has received. It is the duty of the Legislature to put their seal of condemnation on this way of taking money out of the public treasury.
Mr. CRAVENS regarded the contract as a clear, clean one made by authority of law. The amount of the compensation is the thing to be passed upon by the Legislature, and this two per cent, being the lowest amount paid for such services, would certainly have been the amount allowed by the Legislature if no rate were set forth, in the contract. He read the copy of a letter from Governor Morton, saying he would unite in a recommendation to the Legislature to pay this rate of two per cent., and insisted that the State should not act in bad faith in such matters.
Mr. RICE favored the full allowance, and regarded its rejection as a piece of bad faith on the part of the State.
Mr. LASELLE regarded this as a proposition to make a gift-simply a gift to this gentleman. The Governor denies that he made any contract, but throws its responsibility upon the Legislature. He claimed, so far as an equitable view of the case is concerned, that this man is not entitled to one cent more than he has received, but would be willing to vote him $500 under the peculiar circumstances ef the case.
Mr. HANNA cited the authority for making the appointment of the agent, and declared that the contract leaves it for the General Assembly to determine the amount of compensation to be allowed. The Governor, having the power to do so, did well in not making the compensation absolute in this contract.
Mr. LASELLE still insisted that th whole matter was open to the action of the General Assembly.
On motion of Mr. HOOPER the Committee rose, reported progress and leave to sit again.
The report was concurred in.
Then came the recess for dinner.
AFTERNOON SESSION.
Mr. BELLAMY moved to take up the Morgan raid claim bill.
On motion by Mr. HOOPER this motion was laid on the table.
THE SPECIFIC BILL.
On motion by Mr. HOOPER the Senate resolved itself into a Committee of the Whole-Mr. Gray in the chair-and resumed the consideration of the Specific Appropriation bill [H. R. 111.]
Mr. WOLCOTT thought the rejection of the section under consideration would be casting an implied censure upon our chief Executive officer, and disappoint the expectations of a worthy citizen who has done the State an important service. He mentioned facts which he regarded as good reasons for an increase of this allowance rather than its diminution.
Mr. CARSON insisted that all this service was performed in about two months' time, and $81,813 was too large a sum to be paid for it.
Mr. LASELLE moved ineffectually to amend the amendment so as to reduce the sum to $5,000.The amendment reducing the- amount to $10,000 was agreed to upon a division-affirmative 24, negative 15.
The section, as amended, was then adopted.
Mr. STEIN moved to fill the blank in the section reported by the committee for an allowance to John A. Wilstach for services as Commissioner for the encouragement of emigration, with $2,500, and submitted reasons why this appropriation should be made.
Mr. FISHER was of opinion that $2,500 was a small sum, and would be perfectly willing to allow actual expenses, although it was no legal claim on the State.
Mr. CARSON opposed making any allowance at all for this unauthorized service.
Mr. FOSDICK, as chairman of the Committee on Emigration, knew nothing about this claim and consequently would vote against it.
Mr. WOLCOTT recited the history of Mr. Wilstach's appointment, and stated that as Commissioner he published pamphlets in the interest of the his own expense.
page: 207[View Page 207]Mr. CARSON moved to amend by making the appropriation $500.
Mr. FOSDICK made an ineffectual motion to strike out the section. The amendment [Mr. Carson's] was agreed to-upon a division-affirmative 19, negative 10.
Mr. TURNER felt under obligations to pay this gentleman something, because in the session of 1867, it was rather understood among Senators that he should have some compensation for representing the State abroad.
Mr. STEIN referred to the Legislative action of 1867 in reference to this matter. Trusting to the faith and honor of the Legislature Mr. W. had performed this service to the best of his ability.
The CHAIRMAN, having examined the rules, found that the largest sum should be put first, and thereupon-
Mr. CARSON withdrew his amendment.
The amendment to fill the blank with $2,500 was rejected 22 to 19.
Mr. HADLEY moved to fill the blank with $1,000.
Mr. WOOD proposed $2,000.
Mr. SCOTT understood there was no testimony placed before the Committee on Emigration showing what this gentleman had done for which he claims an appropriation. There being no authority for the action of this agent, he should vote against the proposed allowance, which was a mere gift anyhow.
The two thousand dollar amendment was rejected.
Mr. TURNER moved, ineffectually, to fill the blank with one thousand five hundred dollars.
The one thousand dollar amendment was also rejected.A section allowing two hundred and forty-three dollars for two months' service of an Assistant Surgeon of the Forty-first regiment being read-
Mr. FISHER explained the justness of the claim, and urged that this allowance be made.
Mr. SMITH remembered that this claim last session, on the ground that it was a claim against the General Government.
Mr. SHERROD regarded the claim as just. The State has paid every one of the Surgeons that he knew of except this one.
The section was adopted.
An amendment to the bill allowing $1,000 each to John U. Pettit and James R. Slack for their services as Attorneys in the case of L.P. Milligan et als against the State, now pending, being read -
Mr. ROBINSON, of Madison, explained the circumstances connection with this claim.
Mr. TURNER regarded this as another appropriation unauthorized by law.
The section was rejected upon a division of the committee.
Mr. KINLEY offered an additional section approriating $5,000 for making repairs at the Soldier's Home.
Mr. FISHER understood that the foundation of the Soldiers home was defective stood on blocks-that the fences needed repairs, etc.
The section was adopted.
Mr. HOOPER offered an aditional section appropriating for the House of Refuge, ten thousand dollars for 1869, and ten thousand dollars for 1871.
The amendment was rejected.
Mr. WOLCOTT presented additional amendments, allowing pay for the Sentinel and Journal newspapers furnished during the extra session, which were agreed to.
An amendment-appropriating $10,000 for the years 1869 and 1870 to the State University being read-
Mr. FISHER thought this University has a sufficient sum for its support now amounting to about $15,000 annually.
Mr. GREEN was willing to increase the endowment to fifteen thousand dollars yearly.
Mr. HANNA offered a substitute, which was adopted, appropriating seven thousand dollars a year for 1869 and 1870.
Mr. ANDREWS offered a section, which was adopted, allowing pay to a Clerk of the Morgan Raid Commission.
Mr. CAVIN offered a section, which was adopted, allowing the German Telegraph pay for papers furnished the first five days of the session.
On motion by Mr. BRADLEY, the committee rose, reported progress and asked to be discharged from the further consideration of the bill.
The report was concurred in.
THE MORGAN RAID CLAIMS.
Mr. TURNER moved to suspend the order of business in order to press to its passage the Morgan raid bill [H. R. 119.]
The motion was agreed to by yeas, 25; nays, 19.
Mr. JAQUESS moved to amend by striking out the emergency clause, and levying a tax to pay said claim.
The LIEUTENANT GOVERNOR decided it out of order-all bills raising revenue must originate in the House of Representatives.
Mr. HANNA demanded the previous question.
The demand was seconded upon a division-affirmative, 22; negative, 22-the Governor voting "aye."
So the Senate refused to order the bill read the third time by yeas, 16; nays, 28.
page: 208[View Page 208]Mr. CARSON made an ineffectual motion to adjourn-yeas, 13; nays, 31.
Mr. JAQUESS moved that when the Senate adjourn it be till 7 1/2 o'clock to-night.
The motion was rejected by yeas 17, nays 26.
Mr. HOOPER moved to amend the bill by striking out the emergency clause and providing that the claims shall be paid in one, two and three years. He offered this amendment in good faith, to protect the people from oppression that would inevitably follow.
Mr. CRAVENS, to save time, and on be half of the friends of the bill, was willing to accept the amendment.
Mr. CARSON was heard in opposition to the bill. When he had concluded-
The amendment was agreed to.
The bill was then ordered to be read the third time by yeas 30, nays 9.
Mr. CARSON made an ineffectual motion to adjourn.
The bill [H. R. 119] appropriating four hundred and thirteen thousand five hundred and ninety-nine dollars and thirteen cents to pay claims of sufferers by the Morgan raid, being read the third time-
Mr. BELLAMY demanded the previous question. The Senate seconded the same, and under its pressure-
The bill passed the Senate by yeas 26, nays 14-as follows:
YEAS-Messrs. Andrews, Bellamy, Caven, Church, Cravens. Denbo, Eliott, Gifford, Green, Hanna, Henderson, Huey, Huffman, Humphreys, Jaquess, Johnson of Spencer, Lee, Montgomery, Morgan, Rice, Robinson of Madison, Scott, Sherrod, Taggart, Turner, Wood-26.
NAYS-Messrs. Beardsley, Carson, Case, Fisher, Fosdick, Gray, Hadley, Hamilton, Hess, Hooper, Kinley, Robinson of Decatur, Smith, Wolcott-14.
Pending the roll-call-
Mr. JOHNSON of Spencer, in explanation of his vote said: I have some misgivings in voting for this bill. I have heretofore been ranked among those voting against it, but I believe it will pass at some future day, and preferring its passage at present to any subsequent time, I vote "aye."So the bill passed.
Mr. WOLCOTT offered a concurrent resolution, which was adopted, authorizing the Board of Trustees of the State Normal School to confer degrees.
Mr. KINLEY moved to suspend the rules that the school building bill [H. R. 321] may be put upon its passage now.
No quorum voting thereon-
The Senate adjourned.
