IN SENATE.
WEDNESDAY, May 12, 1869.The Senate met at 9 o'clock A. M.
Mr. Bradley and Mr. Reynolds had leave to record their votes in the affirmative, and Mr. Stein in the negative on the Morgan raid claim bill [H. R. 119], passed last evening.
Mr. STEIN, asking leave to record his vote on House bill 119, said: I do not wish to be deemed as shirking the responsibility of a vote at any time, and desire to say that my absence yesterday, when the vote on the Morgan Raid bill was called, was accidental. I ask that my vote may now be recorded in the negative, as it would have been rendered had I been here, may add that I was originally dispose to favor the bill on the belief that the United States had, in the case of Ohio, set a precedent for the repayment to the State such claims. The disclosures made in the course of debate, a few days ago, since the bill came from the House, corrected this impression, and left me no hope that such repayment would ever be made. From that time I concluded to oppose this bill.
Subsequently, Mr. ARMSTRONG ob page: 213[View Page 213]tained leave to record his vote in the negative also.
On motion by Mr. JAQUESS, the reading of the Secretary's minutes of yesterday was dispensed with.
Mr. WOOD, by leave, introduced a bill [S. 355] to fix the time of terms of the Circuit Courts in the Eighth Judicial Circuit, which was read three times, under a dispensation of the constitutional restriction, and passed the Senate by yeas 41, nays 0.
Mr. KINLEY moved, ineffectually, for a dispensation that the bill [H. R. 321] to authorize cities, towns and townships to bar school houses, may be pressed to its passage.
On his motion, it was read the second time.
M. RICE offered a resolution, which was adopted, that the Senate proceed to the election of a President pro tempore, to preside during the absence of the Lieutenant Governor.
Mr. RICE nominated Mr. Gray.
Mr. STEIN nominated Mr. Cravens.
Mr. CRAVENS declined-understanding that this election was intended to hold over until the next session, and his term expired before the ensuing regular session.
There being no further nominations, the rote was taken, and Mr. Gray was declared elected.
EDUCATION OF COLORED CHILDREN.
Mr. SCOTT moved to take up the Colored Children Educational bill [H. R. 113.]
Mr. CARSON moved to amend by inserting the Specific Appropriation bill [H. R. 311.]
Mr. STEIN moved to substitute the Constitutional Amendment.
Mr. BELLAMY moved to lay the amendments on the table.
Mr. WOLCOTT demanded a division of the question.
The substitute [Mr. Stein's] was laid on foe table by yeas 32, nays 10.
The amendment [Mr. Craven's] was also laid on the table.
The motion to take up the bill [H. R. 113] to render taxation for common school Purposes uniform and provide for the education of colored children of the State, was agreed to.
Mr. HADLEY demanded the previous question.
The Senate seconded the demand.
Under the pressure of the previous question the bill was read the third time and passed by yeas 33, nays 9.
THE SPECIFIC APPROPRIATION BILL.
On motion by Mr. WOLCOTT the Senate proceeded to the consideration of the specific appropriation bill [H. R. 311.]
The action of the Committee of the Whole Senate in striking from the report of the Committee on Finance a section appropriating certain sums of money, varying in amount from $238 down to less than $20, to some twenty different persons on account of expenses incurred by them in defending suits instituted against them for arrests made while acting under military orders, was sustained by yeas 23, nays 18several Senators explaining their negative votes by declaring there was not a shadow of legal authority for the acts of these men.
Mr. HOOPER moved to amend by adding an appropriation of $10,000 for the years 1870 and 1871 for the House of Refuge.
The motion was agreed to by yeas 28, nays 11.
Mr. BELLAMY moved to strike from the amendments submitted by the Finance Committee the appropriation of $7,501 34 for articles used by the State in the construction of the Northern Prison.
Mr. FISHER, knowing more about this claim than any other member of this Legislature, declared it to be unjust and without any good foundation. He recited the facts connected with it from 1861 to the present time.
Mr. BRADLEY insisted that the claim is for property appropriated by the State, which has never yet been paid for, as shown before a committee of this Senate.
Mr. HOOPER, a member of the same committee with Mr. Bradley, said there is not due from the State one dollar of this claim. It is an outrage on the people of the State for the claimants to require the State to pay for this property over again.
The motion to strike out was rejected, by yeas 17, nays 24.
Mr. STEIN offered an amendment appropriating $2,500 to John A. Wilstach for services as Commissioner of Emigration.
Mr. CARSON demanded the previous question, and there being a second, the amendment was rejected by yeas 9, nays 32.
Mr. ROBINSON, of Madison, offered an amendment allowing $1,000 each to James R. Slack and John U. Pettit, for services as attorneys in the case of the State vs. L. P. Milligan et alias.
The amendment was agreed to.
Mr. RICE offered an amendment allowing one thousand dollars to John A. Wilstach for services as Commissioner of Emigration.
Mr. HANNA moved, ineffectually, to lay the amendment on the table.
The amendment was then agreed to by yeas 23, nays 19.
Mr. WOLCOTT made an ineffectual demand for the previous question.
Mr. BELLAMY offered an amendment, which was agreed to, allowing $25 to the page: 214[View Page 214] Evening Commercial for papers furnished at the beginning of this session.
Mr. CAVIN offered an amendment, which was agreed to, allowing $100 to Win. Sheets for ten months rent of three rooms by Col Carrington.
Mr. RICE moved to reconsider the vote just taken.
The motion was agreed to by yeas 27, nays 16.
And then came the recess for dinner.
AFTERNOON SESSION.
The pending amendment allowing $100 to Wm. Sheets for room rent, was agreed to by yeas 21, nays 20.
On motion by Mr. WOLCOTT, whose demand for the previous question was seconded by the Senate, the Senate amendments to the Specific Appropriation bill [H. R. 311] were considered as engrossed, and the bill was read the third time.
The bill then finally passed the Senate by yeas 30, nays 14-with amendment of title, viz: "A bill making specific appropriations for years 1869 and 1870."
On motion by Mr. KINLEY, the bill [H. R. 288] to amend sections 4 and 8 of the Liquor law of March 5, 1859, was read the first time.
He made an ineffectual motion-yeas 31, nays 14-to suspend the constitutional restriction that the bill may be pressed to its passage.
On motion of Mr. GRAY the bill [H. R. 52] authorizing the assessment of lands for plank, gravel and McAdamized road purposes, and repealing the law of March 11, 1867, was read the third time.
Mr. CARSON asked, but failed to obtain, unanimous consent to amend the bill, so that farmers living on the road may travel thereon half a mile in either direction from their residences without payment of toll.
Mr. LASALLE moved in vain for unanimous consent to insert a provision allowing material to be taken "within one and one-half mile of said road."
Mr. CARSON, confident that this bill could not be worse than the present law which it repeals, would vote for it.
Mr. FOSDICK favored it for the same reason-it repealed a very objectionable law.
The bill passed by yeas 36, nays 6.
Mr. Stein, for Mr. Lee, obtained a suspension of the constitutional restriction and he introduced a bill [S. 356] fixing the times of holding the Circuit Courts in the county of Bartholomew, which was pressed to the final reading, and passed by yeas 42, nays 0.
On motion by Mr. CHURCH, the bill [H. R. 284] for the relief of the heirs of Patrick Donoven, deceased, was read the second time.
On his further motion, the constitutional restriction was dispensed with, the bill read the third time, and finally passed by yeas 42, nays 0.
On motion by Mr. JAQUESS the bill, [ H. R. 95,] for the relief of John Ingle and John Ingle Jr., was read by title.
On motion by Mr. JAQUESS the constitutional restriction was dispensed with and the bill read by sections the third time.
Mr. HANNA understood the 200 acres of valuable land covered by the provisions of this bill had escheated to the State by the alienage of heirs, and asked for information as to whether the Ingle's had eve purchased the tract.
Mr. JAQUESS said it was a House bill and he supposed the committee of that body had examined it carefully.
The bill passed by yeas 31, nays 9,Mr. GIFFORD, by leave, introduced a bill, [S. 357,] to fix the times of holding the Circuit Courts in the 26th Judicial Circuit which was read the first time.
On his further motion, under a dispensation of the constitutional restriction, the bill was read by title, again by sections, and passed the Senate by yeas 41, nays 0.
On motion by Mr. GREEN the bill, [ H. R. 160,] to legalize the official acts of the several Trustees of Noblesville, was taken up; and under a dispensation read and passed the Senate by yeas 38, nays 6.
On motion of Mr. HENDERSON, the bill [H. R. 325] to provide for the relocation of county seats, the erection of public buildings, and repealing all inconsistent laws, was read the first time.
On his further motion, under a suspension of the constitutional rule, the bill was read by title and referred to a select committee of three Senators, which the Lieutenant Governor made to consist of Messrs. Henderson, Hanna and Hadley.
Mr. ROBINSON, of Madison, called up the bill [H. R. 321] amending the act authorizing cities and towns to issue bonds to build or complete unfinished school buildings, approved March, 1867.
Mr. CARSON thought the bill would authorize irresponsible Township Trustees to create large liabilities, and encourage bad men to combine and thereby make the public interests to suffer.
Mr. FOSDICK explained that this law proposes simply that the officers referred to may buy school house, as well as build them-it only amends the law in this particular.
Mr. KINLEY said the bill would proves great saving of money; for buildings can be bought much cheaper than they can be erected.
Mr. GRAY made an ineffectual motion to refer the bill to the Judiciary Committee.
page: 215[View Page 215]Mr. ROBINSON, of Madison, moved to end the rules that the bill may be read the third time now.
The motion was agreed to, and the bill was read the third time.
Mr. CARSON protested against such hasty action on so important a bill. He regretted the motion to refer it to an appropriate committee had been so summarily voted down.
Mr. FOSDICK again explained the only change from the present law proposed by this bill is that school buildings may be bought-the act of March, 1867, which he read, allowing them to be erected or completed with funds raised by the sale of bonds.
The bill passed by yeas 39, nays 4.
The bill H. R. 136 was read by title and referred to a special committee of three, on motion by Mr. DENBO.
Mr. FISHER, from the Committee on Finance, returned the House concurrent resolution for the purchase of the mineralogical cabinet of Dr. D. D. Owen, recommending its passage.
Mr. Carson asked but failed to obtain unanimous consent to offer the following:
WHEREAS, House bill No. 170 was, several days ago, at the instance and request of members of the Judiciary Committee, referred to said Committee.
AND WHEREAS, Said Committee was instructed to report said bill back to the senate with or without amendment by Tuesday last at 10 o'clock A. M., and said Committee having failed to report said bill as instructed ; therefore,
Resolved, That said Committee be, and they are hereby instructed to report said bill back to the Senate forthwith.
On motion of Mr. ROBINSON, of Decatur, the bill [H. R. 158] preventing the evasion of taxation by purchase of United States bonds a few days previous to the 1st day of January in each year, was read the second time and passed to the third reading.
Mr. RICE moved to reconsider the vote passing the assessment-for-gravel-road-purposes bill [H. R. 52] because its repealing clause would probably work great hard-snips in his county.
Mr. GREEN said no road could organize under this bill-it is only a kind of supplementary act to the road laws.
On motion by Mr. CARSON the motion w reconsider was laid on the table.
On motion by Mr. HUFFMAN the bill [H. R. 380] to amend section 27 of the Common School law of March 6, 1865, was read.
On his further motion the constitutional rule was set aside, and the bill was read the second time by title.
Mr. HANNA moved to amend by providing that no condemnation of a site shall be made nearer than forty rods of a residence.
Mr. ROBINSON, of Decatur, moved to add "without the owner's consent.'Mr. HANNA accepted the amendment.
The amendment was agreed to.
The bill was then read the third time, and pased by yeas 30, nays 8.
On motion by Mr. HADLEY, the bill [H. R. 167] defining certain misdemeanors, &c., was read the second time.
F. M. MEREDITH.
Mr. GIFFORD moved to take up the House concurrent resolution removing Director F. M. Meredith, of the Southern Prison, that it may be made the special order for 10 o'clock to-morrow.
The motion was agreed to by yeas 32, nays 0.
Mr. HOOPER moved to amend by making this resolution the special order for Friday, at 10 o'clock A. M.
Mr. SCOTT thought it an unnecessary waste of time to attempt a trial in the nature of impeachment at this late day in the session, and especially since a bill has passed this body removing all these officers.
Mr. KINLEY said it was likely the bill which passed this body was sleeping in the hands of a House committee, and if so it was not probable that it would pass. Then the House passed this resolution by an almost unanimous vote, which fact alone should entitle it to the early consideration of the Senate.
Mr. HANNA said it was due to the coordinate branch of this General Assembly to act upon this resolution-it having passed that body with such unanimity.
Mr. HOOPER insisted there were other questions of more importance than this; and this consideration moved him to offer his amendment.
Mr. RICE had no disposition to screen any Director, but wanted this man to have a fair trial. And as Mr. Meredith desires to be heard by counsel-Messrs. Thompson & Baird-he favored the motion to amend.
Mr. KINLEY was understood to say that this matter has been delayed from day to day in order to give Mr. Meredith and his friends time to prepare a defense.
Mr. GIFFORD was of opinion that the friends of Mr. Meredith were anxious to put this off till too late for action-Friday will be too late.
Mr. STEIN declared that the effect of the adoption of this motion would be to exclude all further legislation-it would take up the entire day to-morrow and longer. He hoped those of his political faith would see the strategy and vote the motion down.
Mr. CHURCH said we should consider well what we are doing. It is well known if we spend to-morrow upon that question page: 216[View Page 216] we do no more legislation this session. That is the end of it. Senators may talk about the 15th amendment as much as they please; Friday is the day we expect to take that up. We have waited all the time our constituents will hear to. We can't let it go any further.
SEVERAL SENATORS-"Nor we won't."
Mr. CHURCH. We have a duty to perform as well as the Democrats. They know how to get away from it, and we expect them to. Are we prepared to say that legislation shall stop here? I say that man ought to have a trial, but shall he have it at the expense of all the business on our desks? Shall we sacrifice all of this to his rights? I do not think we ought to stop and attend to his business, and let the State suffer. Every lawyer knows it will take all day at least, or else the trial will be a mockery. And I want to attend to the business on Friday that is fixed for that day.
Mr. GIFFORD. If you can not do business without a quorum, you can not do that on Friday, for I am going home.
Mr. CHURCH. Goodbye. The Senator is a good looking man, and he can go tonight if he wants to; but let us do our duty and not sacrifice the business that is expected of us to-morrow. The minority has every reason to expect that this Fifteenth Amendment will come up on Friday, and we have to expect that on Thursday night they will take French leave.
The only wrong done in passing over this matter is to Mr. Meredith and his friends. The indications are that it will require a good deal of investigation. I understand that he was arraigned in his absence a kind of a Grand Jury trial, and I do not intend to take the verdict of the House of Representatives if that is the kind of trial he has had. As far as we are concerned, I prefer that he should have ft fair and impartial trial.
And then the Senate adjourned.
