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

THURSDAY, April 15,1869.

The Senate met at 9 o'clock A. M.

The Secretary's minutes of yesterday's proceedings were read.

RULES AND ORDERS

The LIEUTENANT GOVERNOR announced the first thing in order to be the consideration of the resolutions offered yesterday, looking to a change in the order of business in the Senate each day.

Mr. STEIN moved the adoption of the resolution permitted by him.

Mr. FISHER preferred the regular order.

Mr. STEIN stated his object to be to dispose of the most important bills first the bills that have been selected by Senators from among the two or three hundred before them

Mr BELLAMY suggested objections to the resolution.

The adoption of the resolution was favored by Messrs. Robinson, of Decatur, and Gray.

Mr HOOPER offered his resolution on yesterday for the very purpose of getting rid of this special calendar referred to in the resolution. He desired the Senate to proceed in the regular way.

Mr. GIFFORD moved to amend by way way of substitute so as to provide that bills shall be disposed of: first, in the order in which they are introduced; second, in the order in which they are reported from the committees; and third, in the order in which they are ordered engrossed.

Mr. STEIN regarded the substitute as out, of order, because the resolution provides for a temporary change, while the substitute proposes a permanent one.

The LIEUTENANT GOVERNOR held that the substitute would have to lay on the table for one day.

Mr HUMPHREYS made an ineffectual motion to lay the whole subject on the table.

Mr. LEE spoke in favor of the resolution, because it gave the more modest members a better chance to forward their private bills.

Mr. HOOPER moved to lay the resolution on the table.

The motion was agreed to, by yeas 22, nays 18.

Mr. HOOPER moved the adoption of His resolution offered yesterday.

Mr. JOHNSON of Spencer, made an ineffectual motion to lay the resolution on the table.

The resolution was then adopted.

PETITIONS, MEMORIALS, &C.

Mr. CAVEN presented a claim, which was referred to the Committee on Claims.

Also, a memorial in reference to the location of the Agricultural College proposing that if the Agricultural College shall be located on the grounds of the Northwestern Christian University, the page: 58[View Page 58] S a e shall have the right to use the College buildings which is worth with its surroundings about $266 000 The donations from the county of Marion ($100 000), amounting to enough more to erect other buildings if necessary.

It lays on the table for the present.

Also, a memorial in reference to regulating the practice of medicine, which was referred to the Special Committee on Medical Legislation.

REPORTS FROM COMMITTEES.

Mr GRAY from the Committee on Corporations, returned the Levee and Drain bill, S 134 with lengthy amendments; in the nature of a substitute-striking out from the enacting clause and inserting in lieu new matter.

The amendment was agreed to, and ordered engrossed.

Bills were returned from Committees with favorable reports thereon, viz: H. R. 138, 161 122 and 113 with amendments; 5 and 11 with an amendment proposed by the majority by way of a substitute, striking out from the enacting clause. The minority of the Committee reported different matter by way of substitute for the Court bill H. R. 11.

THE UNIVERSAL SUFFRAGE AMENDMENT.

Mr. FISHER, observing a little nervousness on the part of the Democratic members on the subject embedded in the Governor's message of March 1, and in order that their fears may be put at rest, offered the following:

Resolved, That the consideration of the message of his Excellency the Governor, sent to the Senate of the first day of March last, on the subject of the Fifteenth Amendment to the Constitution of the United States be postponed till Tuesday, the 11th day of May next and made the special order for that day.

The resolution was adopted.

Mr. HANNA moved to reconsider the vote adopting the resolution.

Mr. FISHER moved to lay the motion on the table.

The latter motion was agreed to.

ADDITIONAL COMMITTEEMEN,

Mr. ARMSTRONG offered the following:

Resolved, That owing to the protracted and serious illness of Senator Colley, and his inability to meet with us on account of his illness, that the President of the Senate add an additional member to each of the standing committees where the name of Mr Colley appears.

The resolution was adopted.

Subsequently the LIEUTENANT GOVERNOR announced as additional members: On the Committee on Printing, Mr. Fosdick; on Public Buildings, Mr. Gray; On Phraseology, Mr. Bellamy; on County and Township Business, Mr Armstrong on Legislative Apportionment, Mr. Cavin:

NEW PROPOSITIONS.

Bills for acts were introduced, read the first time and severally passed to the second reading, except otherwise stated, as follows:

By Mr GREEN, [S. 319], a bill declaring the incapacity of coroners in certain cases

By Mr. CRAVENS, [S. 320] to amend the first section of an act of February 9, 1867, fixing the time for holding Common Pleas Courts in the Fifth Judicial District.

On motion by Mr. C, the constitutional restriction was dispensed with and the bill was read again and passed the Senate by yeas 40 nays, 0.

By Mr. HANNA [S. 321] supplemental to an act approved March 1 1869 creating the Twenty-fourth Judicial District. [I provides for the payment of the prosecuting attorney]

By Mr. Wood, [S. 322] regulating docket fees of Prosecuting Attorneys of Circuit Courts, &.

By Mr. HADLEY, [S. 323] to legalize the solemnization of marriages and other acts performed by Justices of the Peace through mistake after their commission has expired. [He also presented a petition or such an act]

By Mr. CAVIN, [S. 324] in relation to Criminal Circuit Courts and the judges thereof. [Legalizing the official acts of sad Courts and Judges and making the term of office of said Judges four years, with the same salary as Circuit Judges]

By Mr. MONTGOMERY, [S. 325], appropriating $40,000 for the purchase and furnishing of an Executive Mansion. [It proposes to purchase Mrs. Susan B W[at?]pole's residence]

SENATE BILLS ORDERED ENGROSSED.

The following described bills were read the second time and severally ordered engrossed for the third reading:

Mr Scott's bill [S 264] regarding the inventories to be filed by surviving partners.

Mr Craven's docket fee bill, S 280

Mr Hughes' bill [S 281] to try the title to University Square No 25, in the city of Indianapolis. The Committee amendments were agreed to.

Mr. Hughes' bill [S. 282] defining and punishing libel.

Mr. Armstrong's bill [S 283] to revise Sec 1 of the exemption law of February 18, 1852

Mr Church's bill [S 302] to amend the 250th section of the practice act [by inserting therein the word "city"]

Mr Craven's bill [S 305] supplemental to an act concerning the sale and purchase of the Governor's mansion, approved February 2 1865, and repealing the sixth section of said act. [Appropriating $43,482 25 for page: 59[View Page 59] building a residence for the Governor being the amount of the old Governor's residence sold for]

Mr Huffman's bill [S 82] allowing an increased rate of toll [ ] plank and gravel roads The amendment striking out the words "increased rates" was agreed to

On motion by Mr JOHNSON, of Montgomery, the bill was amended by exempting from the payment of tolls all persons going to and returning from religious meetings or funerals

Mr Armstrong's bill [S 265] to amend section 16 of the Highway act - concerning the election or appointment of supervisors of highways, &c

Mr Hughes' bill [S 298] making an appropriation for the State University The Committee amendment striking out "$25,000" and inserting "10,000," was agreed to.

WORK FOR COMMITTEES.

The following numbered Senate bills (introduced yesterday) were read by title only and referred to appropriate committee: S. 306, 307, 310, 311, 312, 313, 314, 315, 316, 317, and 318

BILLS READ THE SECOND TIME.

The bills (introduced yesterday) S. 308 and S. 309 were read the second time and ordered engrossed for the third reading.

And then the Senate took a recess til 2 o'clock

AFTERNOON SESSION

The LIEUTENANT GOVERNOR announced that bills on their third reading were the order of business.

BIENNIAL ELECTIONS

Mr. GRAY, regarding the election bill as the most important now pending, moved to suspend the order of business and take up the bill H. R. 23, to change the time of holding elections in this State and to fill all vacancies occasioned by the provisions of this bill.

The motion was agreed to

Accordingly the bill, H. R. 23, was read the third time

Mr. GIFFORD thought the bill placed too much power in the hands of Governor - allowing him to appoint County Commissioners and Justices of the Peace for sometime to come

Mr. HANNA, as so far as he was personally concerned, had no objections to the bill provided it be well guarded. He preferred to see it referred to some committee, and would like to see its operations put off, if it must be passed, at least till the first of January. He insisted that it should be well considered and carefully guarded

Mr BELLAMY If the law goes into immediate effect it will save the expense of an election next fall to fill vacancies that will then occur in many petty officers, and which vacancies could be filled without expense by gubernatorial appointment. In the face of the many petitions that have come up here for a measure of this kind, he could not vote against the bill.

Mr. FISHER read from the Constitution of the State to show that all officers except members of the Legislature held till their places shall be filled according to law - till their successors shall be elected and qualified

Mr. BRADLEY. The term of office of county commissioners must be changed (which can not be done under the Constitution), or there will be a vacancy every two years in that office in every county. This law in effect extends the term of office of county commisioner four years.

Mr JOHNSON, of Montgomery, moved to recommit the bill with instructions to strike out the emergency clause and insert in lieu a provision that it shall take effect June 1 1870

Mr. GRAY insisted that this bill would save the State about $150 000 every 3d year. We have too many elections now - they occur to often - and this he believed to be the opinion of ninety-nine out of every one hundred voters in the State of Indiana. He hoped the motion to recommit would fail for he regarded its adoption as a virtual defeat of the bill - it is not probably that it could go back to the House and be returned here in time to be finally passed by the Senate.

Mr. GREEN saw no inconsistency in the bill.

Mr. HUMPHREYS There is no necessity for this law going into effect till the fall of 1870, and with such an amendment he would vote for it and guaranteed that every member of his party in the Senate would do the same. And if we are sincere in deferring to the people, such an amendment will be made Unless it is, he should vote against the bill.

Mr GIFFORD would favor the bill if the time for taking effect thereof be put off till the first of January 1870. We should not be in such a desperate hurry to change the statue on this subject

Mr BELLAMY moved to lay the motion to recommit on the table.

The motion was agreed to by yeas 25, nays 14, as follows:

YEAS - Messrs. Andrews, Armstrong, Beardsey, Bellamy, Case, Caven, Church, Cravens, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Reynold, Robinson of Decatur, Scott, Stein, Wolcott and Wood - 25.

NAYS - Messrs Bradley, Carson, Gifford, Hana, Huey, Hoffman, Humphrey, Johnson of Montgomery, Lee, Montgomery, Morgan, Sherrod, Taggart, and Turner - 14.

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Mr HANNA moved to recommit the bill to the Committee on Elections, with instructions to amend so the act shall take effect on the first day of January, 1870 He made the point that the Constitution, in speaking of vacancies, only has reference to the offices mentioned in that instrument In the respect the bill is not well guarded; and though it is predetermined that the bill shall pass, he urged again and again that such amendments should be made to it as will well and carefully guard its provisions especially as this is a measure which takes authority out of the hands of the people.

Mr. CRAVENS. The more frequently you can bring the people near to their representatives, the better it is for the country He was inclined to oppose the bill on principle; but believing the people favored such a change, he should vote for it. He would infinitely prefer annual elections and annual sessions of the Legislature. The bill is guarded about as well as bills gen really are, but as it is manifest that it cannot pass this afternoon, he suggested that it be made the special order for some future day.

Mr. GRAY moved to lay the motion to recommit on the table.

This motion was agreed to, by yeas 25, nays 14

On motion by Mr GRAY this bill was made the special order for next Tuesday at 2 o'clock,

JUDGES SALARIES.

Mr. Scott's bill [S. 45] relating to the salaries of the Supreme, Circuit, Civil and Criminal Circuit and Common Pleas Judges and declaring an emergency, coming up-

Mr. BRADLEY moved to reconsider the vote adopting the the amendments fixing the salaries at $3 500 and $2 500. He desired the salaries should remain as in the bill $4,000 and $3,000.

Mr. BELLAMY made the point that the bill having been read the third time could not be amended now

The LIEUTENANT GOVERNOR decided the motion out of order.

Mr. CHURCH moved to recommit to the Committee on Fees and Salaries, with instructions to fix Prosecuting Attorneys' salaries at $1,000

The motion was rejected

On motion by Mr. BRADLEY the vote ordering the bill engrossed was reconsidered; and, on his further motion the vote adopting the amendment was reconsidered

Mr. HANNA favored increase of salaries of ail Judges and of Prosecuting Attorneys.

The question recurring on the amendment striking out '$4 000" and inserting "$3 500" for Supreme Judges, and striking out '$3 000," substituting "$2 200" for Circuit Judges-

It was agreed to by yeas 21, nays 17.

Mr GREEN moved to increase the salary of Common Pleas Judges from $2,000 to $2 500,

Mr BRADLEY moved to lay the bill and pending amendments on the table.

The motion was rejected, by yeas, 14; nays 25

Mr CHURCH renewed his motion to refer the bill to the Committee on Fees and Salaries with instructions to fix the salary of Circuit Court Prosecuting Attorney at $1 000, payable quarterly.

Some discussion here took place on points of order, when-

On motion by Mr. TURNER, the vote passing the bill to the third reading was reconsidered

Mr. CHURCH now pressed his amendment.

It was rejected by yeas, 17; noes, 23.

Mr. GREEN moved to make the salary of the Common Pleas Judge $2 500.

Mr. ANDREWS would be as willing as any one to raise salaries at a proper time, but now, while the people are crying for retrenchment and reform, we should give heed, And he opposed adding a single dollar to the salary of judges as long: as we are burdened by the present incomplete and faulty judicial system

Mr. BRADLEY moved to amend by increasing the salary of Supreme Judges to $3,950; Circuit Judges to $2 975; Common Pleas Judges to $2400; Circuit Prosecutors to $900, and Common Pleas Prosecutors to $500

Mr CARSON moved to lay the amendment on the table.

The motion was rejected by yeas 19, nays 21

A division being demanded Mr. GREEN argued in favor of increasing the salaries of the Supreme Judges. If the present judges were paid in proportion fothe salary received in the time of Judge Blackford, they should get about $6,000 or $7 000 per annum.

Mr TURNER favored an increase of salary because the present pay will not command the talent and learning that is desirable. As between the two classes of Judges he should prefer to see the Circuit Judges salaries increased, but he favored an increase of them all. He also much desired to see the present judicial system reorganized and suggested improvements that should be made.

Mr. BRADLEY also thought it more necessary, as between the two, to raise the salary of the Circuit rather than the Supreme Judges.

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Mr. SHERROD. This question does not admit of discussion when it is remembered that both of the great political parties in the late canvass were pledged to retrenchment and reform He protested against such measures at this time

Mr ARMSTRONG moved to strike from $3 950 the figure "9' and insert "0"

Mr. HANNA spoke at length in favor of raising all these salaries or none of them, and against making flesh of one class and fish of another.

Mr. KINLEY moved that the bill lay on the table, with a view of offering a resolution that the Committee on Organization of Courts be instructed to report a bill reorganizing the judicial system of the State, etc.

The amendment was rejected by yeas 17, nays 22.

The amendment (Mr. Armstrong') was rejected by yeas 14, nays 25

The amendment making the salary of the Supreme Judges $3 950 - being the first division of Mr. Bradley's amendment - was rejected by yeas 16, ans 24

The second and third divisions of the amendment was also rejected

The fourth division, referring to an increase of the Prosecuter's salary, was also rejected

Mr HANNA moved to amend by making the salary of the Prosecuting Attorney of the Circuit Court $800, payable quarterly

It was agreed to on a division - affirmative 17, negative 14

Mr HADLEY moved to increase the Common Pleas Prosecuters' salary to $500

The amendment was agreed to; and then -

The bill was ordered engrossed for the third reading.

EMPLOYES - REDUCTION.

Mr. GIFFORD from the Committee on Employes of the Senate, reported in favor of limiting the employes, to wit: for the Principal Secretary, seven assistants' Assistant Secretary, three assistants; for the Doorkeeper, six assistants and two pages

After debate -

The report was concurred in.

On motion by Mr STEIN it was -

Ordered, That when the Senate adjourn it adjourns till 9 o'clock tomorrow.

RELEASE OF SURETIES.

Mr. Green's bill [S. 20], to tax costs in cases where surety in the bonds of and guardian, executor or administrator shall apply to be released as said surety. [If surety shows good cause the principal pays costs, otherwise the cost is taxed against the applicant]

On motion of Mr SHERROD the bill was laid on the table.

And then the Senate adjourned till 9 o'clock to morrow.

THE STATE PRISON SOUTH.

Mr. RUDDELL submitted the following report at the opening of yesterday afternoon's session: see pages 55 and 56 of these Reports.

MR. SPEAKER:

The Committee on the Affairs of State Prisons, to whom was referred that portion of the Governor's Message relating to said prisons, the reports of the Directors, and accompanying documents, and to whom was assigned the duty of visiting said prisons, and personally examining the same, the books and accounts of the officers, and all other matters pertaining thereto, beg leave to submit the following report:

1 As to the affairs of the State Prison South. The committee have visited said prison, and made a careful and minute examination of the same. They find the buildings, or so much thereof as comprise the cell-house, are old, and constructed seemingly with a view to rendering confinement therein, of itself, an insufferable punishment, so little regard to being paid in the original plan of construction to light or ventilation At the suggestion of the visiting committee of the last General Assembly, and in pursuance of instructions from the Directors, the late Warden devised and executed a plan by which air is admitted to the cell apartments through large pipes at the bottom o and extending through the walls, which makes the condition of the inmates much more tolerable than before. But there is still no means of escape for the vitiated air from the cells, except through the door. This compels a liberal and constant use of disinfectants in the surrounding halls. It is to be hoped the Directors and Warden may fall upon some plan for the better ventilation of these apartments.

There are 344 cells in the male department, and sixteen in the female, making in all 360 There were, December 15, 1868, 405 convicts in the prison. While the committee believe, with the Directors, that there is ample shop room now in the institution for the profitable employment of 600 convicts, they do not believe the cell room sufficient for so great a number.

The committee find the workshops capacious and conveniently arranged, as well for the health and comfort of the convicts as for their employment in the most profitable manner in the various manufactures which the contractors have introduced and are now successfully operating.

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The committee saw the prisoners at work and could see no good reason why their labor should be so cheaply rated; but on the contrary, think with, good discipline, it might be advanced 50, if not 100 per cent, above what it now commands.

The prisoners are tasked according to their capacity Any one able and willing to do more than his task, is allowed for his overwork at the same rate which is paid to the State. At first though, this system would seem to be just, and indeed would seem to afford an incentive to the convict to make effort to ameliorate his own condition in some measure by providing himself with such little comfort and luxuries as could be procured with the proceeds of his over-work. But after conversing with the convicts, and with gentlemen experienced in prison discipline, and after a careful investigation of the subject the committee are driven to the conclusion that it any task should be imposed, it should be one uniform task for all, but they think any task system productive of discontent, and destructive of discipline The committee would recommend that, on con[ ] of the advance in price of 5 cents per day for each man employed by contractors, the task system be abolished, and the convicts worked from bell to bell; that no contractor allowed to give tobacco or anything else, to convicts; and that each convict, at the expiration of each week, on showing a good record for deportment, be allowed 50 cents by the Warden out of the proceeds of the prison 0 the same to be forfeited for bad conduct, and to go into the State Treasury. The prisoners are well supplied with good and wholesome food, and are well clothed.

The Committee were well pleased with the condition of the hospital and its appointments - better, perhaps, than with any other part of the institution; which fact, together with the small number of patients - six, and they convalescent - speak in such terms of commendation of the physician as to render any further mention from the Committee unnecessary The Committee paid their respects to the Chaplain, whose sympathies are fully enlisted in the important work in which he is engaged; and no better evidence need be given that he practices the Christian virtues which he recommends to those committed to his charge, than the patience and forbearance displayed while exhibiting to the Committee would most earnestly urge the appropriation of at least $1 000 to the State Prison South, for library purposes.

This amount though a mere pittance will give temporary relief, and will form a nucleus around which it is to be hoped may be gathered the proceeds of annual appropriations until a library sufficient for the purpose, and creditable to the State, shall be provided.

Financially, the State Prison South has not yet proven a success. The Directors and Warden have made an effort to make it self-sustaining. They have reduced the expenses considerably, and are deserving of credit accordingly So eager have they been to places the prison on an independent footing that they represent in their report that they have at last reached the goal of prison management, and proclaim the institution a little more than self-sustaining. But the Committee can not get the same result from the same figures.

                     
By reference to the Clerk's statement o[] the amount of assets over and above liabilities 15th December, 1867 the amount is found to be.....................  $25,817 89 
Same statement for the 15th December, 1868, shows amount of assets over liabilities to be......................  17,846 41 
Showing a loss during the year 1868 of  7 97[]40  
This, however, does not show the entire deficit it will be remembered that on the 5th page of the Report of the Prison South there is a statement of bill's endorsed since the close of the fiscal year - but which properly belong in the amount of 863 amounting to...  2 733 [?]8 
It will be also be remembered that the amount paid for permanent improvements under protest of Warden was not suffered to enter into prison account, which amount was........  4,000 00 
The contractors demand of the State, in addition to the amount stipulated and paid, for cost above the amount received from Director......  1,300 00 
Besides for lumber, etc, not reported till after 1st January, and not shown in prison account, amounting to about...........  1 000 00 
Rent for lease of land unreported...............   400 00 
Total deficit for the year ending December 15, 1868.............  17 404 98 
Deduce from that the amount for permanent improvements $4 000, $1 300 and $[2,236 18]........................  7 535 08 
And you will find the excess of current expenses over the receipts to be.....  9 869 90 

This exhibit is by no means encouraging, and in fact was absolutely startling to the Committee, and in no wise area they aple to account for it, save on the ground of extravagance in purchases of provisions, medical stores, etc., and the seemingly unrestricted license given the Warden under the head of perquisites.

For the instance under the latter head:

1. The Warden has, under sanction of custom it is said, boarded a number of guards, furnishing his table in a large measure from provisions belonging to the prison.

2. The gas used for the illumination of

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the Warden's mansion, and perhaps in some cases the fuel necessary for the heating of the same.

3 The keeping of a number of horse and cows at the expense of the State

4 The services of convicts about the Warden's house and stable as servants: usually two men and there women

5 The [?] from the prison sufficient to fat from twenty five to one hundred hogs per year.

These items, when considered separately, are by no means inconsiderabe or insignificant; but when summed up it will be not be difficult to account for a large portion of the deficit shown in the prison account. The law does not allow any perquisites to any prison officers. And in this connection the Committee will state that they have submitted an amendment to House bill 217, which, if adopted, will prevent this reckless quandering of the State means, and if strictly enforced, will make the State Prisons not only self sustaining but, as claimed by the friends of the bill will make them a source of revenue to the State.

Very grave charges were presented to the Committee against officers and guards formerly in charge of the prison, of drunkenness and treatment of prisoners, prostitution of female convicts and demoralization generally. Although the parties charged were no longer connected with the institution, and were beyond removal, or impeachment, yet the Committee, to satisfy themselves in regard to these alleged abuses and outrages upon humanity, law and order, caused witnesses to be brought before them to testify concerning the som Loth as the Committee were to believe, the evidence compelled the conviction that many of these charges were true, though not to the extent alleged in the exaggerated report which has found its way into the newspapers There is no proof in evidence justifying the statement that convicts have died from the effects of whipping That cruel punishment have been inflicted there is no doubt. The Committee most earnestly commend to the favorable consideration of the House the proposition urged by the Governor, and by the people, for the erection of separate buildings suitable for the imprisonment of females Justice, humanity, and the higher sentiments of our civilization demand that this be done.

The Committee would take this opportunity to make honorable mention of Colonel Shuler, the present Warden. The wonderful change wrought in the short space of a few weeks in the general morale of all confined in or connected with the prisons; the universal expression of satisfaction of both convicts and contractors; the entire absence of complaint, and the greatly improved discipline and order manifest in every department, mark him as a man preeminently fitted for the place.

The Committee will now call attention to the condition of affairs of the State Prison North They found this prison in splendid condition No time need be occupied in speaking of the buildings and their admirable appointments. The convcits were in good health, well fed, well clothed, and as cheerful as men could be expected to be in a penitentiary.

The Warden is an able and efficient officer The Directors have evidently looked after the interests of the State more sharply than has heretofore been the custom of prison directors; but the Committee must make the same suggestion to the Directors North as has already been made to the those South, viz: That the law contemplates no perquisites of any description whatever to any [?]. The practice of appropriating the [?], using State property for private purposes (to wit: occupation of house belonging to the State by a guard and using it as a boarding house for other guards without paying the State rent therefor,) &c, &c, prevail at the Prison North as well the Prison South.

The prison has no library, and needs an appropriation therefor. On return of the Committee from the Prison North, a communication was found in waiting from Colonel J B Merriwether, of Jeffersonville, making some charges against F M Meredith and M P Ghee, Directors of the State Prison South - charges new to the Committee - not having been presented during their visit to said prison A cer[?] that the Senate Committee were at Prison South, it was thought advisable to await their return. Immediately on the return of the Senate Committee, a resolution was introduced in each house authorizing a sub-committee from each to revisit the prison and investigate further into the affairs of the same.

The House sub-committee, Messrs. Davis, Field and Cory, being unable to go at the time fixed by the Senate Committee, the chairman of the House Committee and Mr B F Williams, of the House, at the request of the chairman, accompanied the Senate Committee. They [ ] of the Directors at Jeffersonville, Mr Ferrier, Director of last year, and Mr Meredith and has attorney. The Committees found the charges as set fourth in Col Merriwether's testimony, were substantially as follows:

1 That said F M Meredith and M P Ghee, while Directors of the State Prison South, did demand of and receive from

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Colonel J B Merriwether various amounts at various times, amounting in all $750 each, for the privilege of being retained as Warden in said prison.

2 That said Meredith and Ghee received from contractors various amounts of money for the exercise of their official authority.

3 That the said F M Meredith, while Director of said prison, did engage himself to one John T. Mathews, a convict in said prison, to procure a pardon for said Mathews, for and in consideration of a fee stipulated to be paid him (Meredith) by said John L Mathews.

The Committees caused a number of witnesses to be brought before them to testify to the above charges, and allowed the Directors and opportunity to be heard in their defense. After carefully weighing all the evidence, and listening to the argument of the attorney for the defense, the two Committees were unanimous in the opinion that the charges were, in the main, sustained by the evidence, which is herewith submitted; and the Committee are therefore unanimous in the opinion that said F M Meredith and M P Ghee ought to be removed for misdemeanors committed in office.

J B RUDDELL, S J BARRITT, J LAMBORN, C R CORY, E C FIELD, H G DAVIS, W Y MONROE.

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