THE BREVIER LEGISLATIVE REPORT.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, January 31, 1871.The Senate met at 10 o'clock A. M., pursuant to adjournment under the rules--the Lieutenant-Governor in the chair.
No one appearing to offer prayers--
The Secretary's minutes of yesterday's proceedings were read and corrected.
Mr. DWIGGINS, Mr. STEELE, and Mr. COLLETT obtained consent to record their votes in favor of the adoption of the minority report from the Committee on Elections, voted upon yesterday evening, and in opposition to the passage of the joint resolution [S. 7], concerning the so called XVth Amendment to the Constitution of the United States.
PETITIONS, MEMORIALS, ETC.
Mr. CAVEN presented a petition from members of the Builder's Loan Association, praying for authority to increase their capital stock.
Mr. DWIGGINS presented a petition from citizens of Newton county, praying for a law for the punishing of persons stealing timber.
Mr. COLLETT presented a petition from Parke county, praying that no change be made in the act which authorizes counties, townships, and towns to aid railroads.
Mr. HUGHES presented a petition from 600 citizens of Bloomington, Monroe county, on the subject of temperance.
These papers were severally referred to appropriate committees.
REPORTS FROM COMMITTEES.
Mr. HENDERSON, from the Committee on Corporations, returned the bill [S. 14], to encourage manufacturing in Indiana, with a recommendation from the majority, that the bill do pass.
Also, by the same, from the same Committee, Mr. Caven's bill [S. 73] authorizing the organization of voluntary associations, with a similar recommendation.
Mr. CARNAHAN, from the same Committee, returned the bill [S. 61] to provide for taxing stock of water work companies, with a similar report.
Also, by the same, returning the bill[S. 82] to legalize certain donations by boards or county commissioners, similar report thereon.
Mr. ARMSTRONG, from the same Commitee, returned Mr. Hamilton's bill [S. 125] to amend the act for the protection of sidewalks, approved March 3, 1869, with a similar recommendation.
Also returning the bill [S. 79] to authorize cities and towns to condemn stone and gravel for street repairs, with a similar report.
Mr. GLESSNER, from the Committee on Organization of Courts of Justice, returned the bill [S. 58] amending the Justices' Act of March 11, 1861, as amended by the act of June 6, 1862, with a recommendation that it lie on the table. The report was concured in.
Mr. DOUGHERTY, from the Committee on County and Township Business, reported the bill [S.19] to provide for the relocation of county seats, recommending its passage.
These reports, with the exception named, go to the files under the rule adopted by common consent.
MICHIGAN CITY HARBOR.
Mr. BRADLEY, from the select committee thereon, returned the resolution adopted by the Common Council of Michigan City in relation to the completion of the Harbor on Lake Michigan, at Michigan City, reporting and recommending the adoption of a joint resolution [S. 8] in relation to an appropriation by Congress for the completion of the Harbor on Lake Michigan at Michigan City; instructing and requesting our Representatives in Congress to use all legitimate means to secure an appropriation by Congress, of a sum of money sufficient for the completion of said Harbor at Michigan City.
Mr. BRADLEY asked and obtained the consideration of his joint resolution instanter.
And it passed the Senate by yeas 42, nays 0.
JEFFERSON CRIMINAL COURT.
Mr. BROWN, from the Committee on Organization of Courts of Justice, made a report, returning the bill [S.105] to abolish page: 183[View Page 183] the Jefferson Criminal Circuit Court, recommending its passage.
On his motion the report was concurred in and the bill was read the second time.
Mr. BROWN, explaining that the Civil Circuit is composed of but four counties only,and that the Judge is willing to take the labors of this court, which costs, the county from $7,000 to $11,000 a year, and if the bill is to pass it should be passed at once, inasmuch as the next term of the Civil Circuit commences in March; he moved for a dispensation of the constitutional restriction that the bill may be put upon its passage now.
Pending this vote--
Mr. HAMILTON, when his name was called, stated that he had paired off with Judge Hughes.
Mr. HUGHES, when his name was called, made the same statement, and announced that he relieved Mr. Hamilton from the pair on votes on the interest bill, which he cared nothing about.
The bill, S. 105, was then read the third time and passed the Senate by yeas 40, nays 1.
EVANSVILLE CITY CHARTER.
Mr. BROWN, from the Committee on Corporations, returned the bill.[S. 34,] to amend the Evansville City Charter act, with a recommendation that a substitute therefor be adopted which the Committee reported.
On motion of Mr. MORGAN the report was concurred in and the bill was read the second time.
On the further motion of Mr. MORGAN the constitutional restriction was dispensed with--yeas 38, nays 1--and the bill was read the third time and passed by yeas 42, nays 0
LEAVES OF ABSENCE.
Mr. HUGHES asked and obtained indefinite leave of absence.
Mr. MORGAN asked and obtained leave of absence this afternoon for the Committee on Reformatory Institutions. The Committee on Military Affairs obtained leave of absence for to morrow.
Mr. Rosebrough obtained leave of absence for the remainder of the week on account of sickness in his family.
METROPOLITAN POLICE COMMISSIONERS.
Mr. BROWN, from the Committee on Corporations, returned the bill [S. 66] authorizing Metropolitan Police Districts, with a recommmendation that "30,000" be substituted for "20,000" inhabitants wherever these figures occur in the bill.
Mr. DITTEMORE moved that the amendment of the committee be concurred in. The motion was agreed to by yeas 22, nays 21.
Pending this vote Mr. ROSEBROUGH, when his name was called, announced that he had paired with Mr. Robinson.
So the amendment was concurred in.
Mr. MARTINDALE moved to indefinitely postpone the bill.
Mr. BROWN moved to lay this motion on the table.
Mr. DITTEMORE demanded a call of the Senate.
The PRESIDING OFFICER directed the call to be made, but--
Mr. MARTINDALE declaring that the President of the Senate requires consent of a majority of the Senate before directing a call to be made,
The PRESIDING OFFICER so ruled, and directed the Secretary to call the roll to ascertain the views of the majority on the question.
The motion for a call of the Senate was agreed to by yeas 22, nays 21.
The roll call discovered 43 Senators present and answering to their names.
On motion by Mr. DITTEMORE, further proceedings under the call were dispensed with.
Mr. Brown withdrawing his motion to lay on the table,
The motion to indefinitely postpone was agreed to by yeas 22, nays 22, the Lieutenant Governor giving the casting vote in the affirmative.
The vote is as follows:
YEAS--Messrs. Andrews, Beardsley, Beeson, Case, Caven, Collett, Dwiggins. Fosdick, Gray, Green, Hadley, Hess, Hooper, Hubbard, Martindale, Miller, Morgan, Scott, Steele. Taylor, Wadge and Wood--24.
NAYS--Messrs. Alsop, Armstrong, Beggs, Bobo, Bradley, Brown, Carnahan, Cave, Denbo, Dittemore, Dougherty, Francisco, Fuller, Glessner, Gregg, Henderson, Johnston, Keigwin, Lasselle, Saringhausen, Stroud and Williams--22.
So the bill was indefinitely postponed Mr. DENBO explaining his vote as not indicating how he will vote on the passage of the bill.
On motion of Mr. GRAY, his motion to lay on the table a motion to reconsider was agreed to without a division.
STATIONEEY.
Mr. HENDERSON offered a resolution authorizing the Chairman of the special Committee on the Burson contest, to draw $20 worth of stationery for the use of the Committee.
Mr. SCOTT moved to amend by including in the resolution the Chairman, of the Standing Committees--some Chairmen having drawn this amount under a former resolution before it was rescinded.
Mr. WILLIAMS moved to amend the amendment, by striking out "$20," and inserting "$5" in lieu.
This amendment to the amendment was agreed to.
The amendment as amended was also agreed to.
The resolution as amended was then adopted.
CLERK FOR COMMITTEE.
Mr. BOBO offered a resolution which was adopted, that the Committee on Elections be authorized to employ a clerk.
SUPERIOR COURTS.
Mr. LASALLE, by leave, returned from, the Committee on Organization of Courts, the bill [H. R. 58] to establish Superior Courts, with a favorable report thereon.
page: 184[View Page 184]Mr. MARTINDALE. Mr. President, that bill is absolutely essential to the proper transaction of business in this county. Over 1,500 suspended cases are now on our dockets. The Circuit and Common Pleas Judges here work more days than any judges of similar courts in this State; their courts have been almost constantly in session. The House of Representatives amended this bill in this particular: as it was introduced in the Senate and in the House, it provided that the salary of the Judges should be $3,000 each, $2,000 to be paid by the State, and $1,000 by the county. The House a mended the bill, so that now $2,600 of the salary is to be paid by the county and $1,000 by the State. As was said the other day in a debate on another subject, in this county a suit on a common note of hand, where a defense is put in, can not be reached under a year's time, and as the matter now stands it is absolutely forbidding citizens of this county and parties coming here to collect debts by the litigation of their claims.
Mr. GLESSNER raised the point of order that there was no motion before the Senate--
Mr. MARTINDALE replied that he was reciting reasons for his motion before making it, instead of making the motion first, and then giving reasons therefor. He thereupon moved that the order of business be suspended in order that the bill may be read the second time now.
The motion was agreed to.
And the bill, H. R. 58, was read the second time.
Mr. BROWN moved to strike from the bill the provision that $1,000 of the salary of these Judges shall be paid out of the State Treasury.
Pending the consideration thereof--
The Senate took a recess for dinner.
AFTERNOON SESSION.
The Lieutenant Governor resumed at 2 P. M., and announced the question to be on the amendment pending at the time of the recess.
Mr. BRADLEY demanded a call of the Senate.
It was taken, and discovered but 26 Senators present and answering to their names.
An ineffectual motion was made to adjourn yeas 8, nays 2.
Mr. MARTINDALE moved to dispense with further proceedings under the call.
A motion to lay his motion on the table was rejected by, yeas 13, nays 17.
Mr. BRADLEY made an ineffectual motion to adjourn, yeas 10, nays 23.
An ineffectual motion was made to dispense with further proceedings under the call.
The roll showing a quorum now present--
On motion, further proceedings under the call were dispensed with.
Mr. DITTEMORE moved to recommit the Superior Court bill, with instructions to amend by striking out $3,000 each for the salaries of the Judges, and inserting in lieu $2,000, to be paid out of the County Treasury.
Mr. MARTINDALE again explained the provisions of the bill.
Mr. BROWN was not very particular whether this motion to recommit prevailed or whether his proposed amendment be adopted; but was sure the bill should not pass with this 29th section as it. He declared this bill to be against the provision of the Constitution which declares that no local legislation shall be had except in certain cases; and this bill, it is not claimed, can be classed amongst the exceptions. The provision of the bill makes it applicable to a single city only, though the bill has the appearance of a general law on its face. He was always of the opinion that it is better not to pass bills that are of a general character on their face but are in reality applicable only to certain localities. If the bill is to be passed at all, inasmuch as it can only be made applicable to a single locality, the expanse of the measure should be borne by the locality which seeks the bill. Some may say $2,000 is an insufficient salary, but the law pays Circuit Judges, who have an equal jurisdiction with the Court proposed to be established by this bill, but $2,000, and if they can travel their circuits upon this salary, it seemed to him that three judges who will perform no more service, and who remain at home, should be content with this sum, and that it is unwise and unfair to provide that these new officers shall receive more than the present judges who perform all the service expected of the three proposed to be created by this bill.
Mr. DWIGGINS thought that inasmuch as Circuit Judges are now paid by the State, it matters but little what name is given to this new court, and these officers should be paid a fair compensation in the manner proposed in this bill. He favored an increase of the pay of judges, and would vote to increase the salary of Circuit Judges from $2,000 to $3,000 per annum. He should vote against the amendment to cut down the salary.
Mr. CAVEN defended the bill from the charge of being local in its character. He believed and hoped but a short time would elapse before other counties in the State would come under its provisions. Hundreds of suits are brought here by residents of other counties of this State and people of other States that have claims against citizens of this county. So this bill proposes an act for the benefit of the whole people, though its beneficial effects, of course, apply more directly to the people of Marion county. The Constitution requires that justice shall be executed speedily and without delay, and this measure is pressed with that end in view. It is drawn with a view to the constitutional provision referred to and is clearly in accordance therewith. With regard to the pay, he regarded it as poor economy to pay our judicial officers small salaries, and he hoped a general increase would be made at the present session of the Legis- page: 185[View Page 185] lature. This bill now provides that the State pay but $1,000 to each of these Judges, while the State now pays Circut Judges $2,000 each. He hoped the motion to strike out would not prevail, because the State ought to be willing to pay one third of these salaries; the county itself being willing to pay the other two thirds. His view was that the State should pay the entire salary, but he would be content with the passage of the bill as it now stands.
Mr. GLESSNER proposed to amend the amendment so as to give the Judges $2,500 each $500 only to be paid out of the State Treasury.
Mr. WILLIAMS was willing the State should pay one Judge at the same rate Circuit Judges are now paid. He regarded this as a stepping stone to the raising of the salaries of other Circuit Judges in this State.
Mr. MARTINDALE again insisted that no Judges in the State perform the work the Judges in Marion county do; they sit about forty weeks in the year. If we are to have justice administered under the constitution, we must have facilities for it. He would be glad to have this bill perfected now, though it is not the intention to press its final passage to-day. If $2 000 a year is a fair and just compensation for Judges, then the proposition by the Senator from Knox [Mr. Williams] is fair and honorable. But the people of Indiana are demanding an increase of these salaries--beginning with the Supreme Judges and going down. As you increase salaries, just in proportion do you increase the capacity of Judges that sit on your benches. You put $500 on each of the judicial salaries, and every one would say you do right. He would not favor such an increase as would make these offices ones of luxury and ease, but a just and reasonable increase is demanded by the people all over the State. Rather than the bill should fail he would accept the amendment proposed by the Senator from Shelby [Mr. Glessner.]
Mr. GLESSNER regarded it as well settled that there is but one voice throughout the State on the question of Judges' salaries: that they should be increased ; but the point is that they expend from $300 to $500 in travelling from one court to another, and it is upon this ground it is asked that the salaries should be increased. This bill proposes the creation of offices where the incumbent is not called upon to travel, and there should be a difference of about $500 in favor of the Circuit Judges The Supreme Judges get a salary of $3,000, and they are away from home. If these resident Judges get $2,500 it certainly is a sufficient compensation, and the friends of the bill ought not to ask more. If this amendment is adopted he should vote for the bill, but he would never vote for it as it now stands.
Mr. GRAY, referring to the Superior Court of Cincinnati, understood the Judges received $4,000 a year, and it was looked upon as a Superior Court indeed. Marion county prosoees to pay two-thirds of this salary, and is only asking the State to pay the other one third ; and it seemed to him we ought not to hesitate in accepting this proposition. We ought to pass the bill just as it comes from the House.
Mr. DITTEMORE, since hearing the amount of business on the dockets of the Marion county courts, did not know but that some provision ought to be made for the relief of this people here; but was not disposed to vote for the bill as it stands, because it opens the door for circuit judges all over the State to demand an increase of salaries. These salaries, in some instances, are not, probably, enough; but in others it may be too much for the service actually performed. As a general thing the compensation is very nearly equal to the services rendered. Then these gentlemen were elected with a full knowledge of what their salaries would be, and it would be difficult to find an officer from President down who was not of the opinion that his pay should be increased.
Mr. ROSEBROUGH opposed any further patching of our judicial system. Every Legislature is more or less afflicted with a disposition to amend and fix up this system. A real good can be done by reforming this system, but what good can be accomplished by patching it up? His impression was that we have enough courts already organized in this State. He believed the people were opposed both to an increase in officers and an increase of salaries; and gentleman were mistaken who thought to the contrary. He should vote against this effort to add additional officers to those already on the pay roll of the State.
Mr GRAY moved to lay the amendment on the table.
This motion was rejected by yeas 18, nays 20.
The amendment, [Mr. Glessner's,] which was entertained as a substitute, was agreed to by yeas 20, nays 15.
Mr. WILLIAMS moved to amend by making the salaries $2,000 each, and that only one third be paid out of the State Treasury. Ha desired if an advance of salaries be made that it be made so as to affect all judicial officers at once. He was willing the State should pay the salary of one of these judges.
The LIEUTENANT GOVERNOR held part of this amendment to be out of order--the Senate having just fixed the salary at $2,500.
Mr. WILLIAMS thereupon withdrew his proposition to amend.
Mr. BROWN moved to strike out that part of section 29 which provides that any portion of the compensation shall be paid out of the State treasury.
The LIEUT. GOVERNOR also ruled this amendment out of order, it being a proposition which would change the compensation just fixed by the Senate.
The amendments were ordered engrossed for the third reading.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and severally passed to the second reading:
By Mr. BRADLEY, a bill [S.142] to amend page: 186[View Page 186] section 211 of the general practice and procedure act, and repeal section 216 of the same act.
By Mr. SCOTT, a bill [S. 143] to amend section 311 of the general practice and procedure act.
By Mr. DENBO, a bill [S. 144] to abolish the Common Pleas Courts and the Criminal Circuit Courts, transferring the business to Circuit Courts; dividing the State into judicial circuits, &c.--making salaries of Judges $3,500.
Mr. DENBO made an ineffectual motion to lay it on the table and print 200 copies.
Mr. DITTEMOEE moved a dispensation of the constitutional restriction that the bill may be read by title for the purpose of reference to the Committee on the Organization of Courts.
The motion was rejected by yeas and nays.
By Mr. DWIGGINS--a bill [S. 145] fixing the time of holding courts in the 12th Judicial Circuit--affecting the counties of White, Newton, Jasper, Benton and Tippecanoe--to sit in the latter county so long as the business thereof may require.
By Mr. CASE, a bill [S. 146] to amend section 1 of the act enabling towns to open and improve streets and alleys, approved April 27, 1869.
By Mr. MARTINDALE, (by request, with an accompanying memorial) a bill [S. 147] to provide for the publication of the proceedings and allowances of the Boards of County Commissioners, and for the publication of the receipts and expenditures of township Trustees, and for other purposes.
Pending the order for the introduction of bills--
THE BURSON CONTEST.
Mr. HENDERSON rose to a privileged question. He wished to return several subpoenas in the Burson case, and asked for the issuing of attachments for some persons who have disobeyed the summons of the Committee.
Mr. BROWN moved that the Senate authorize the Committee to issue the attachments.
The motion was agreed to.
M. L. BRETT.
Mr. WILLIAMS presented a memorial from Matthew L. Brett, late Treasurer of State, setting forth that $1,000 were overpaid on some large draft or stolen from the State Treasury during his term of office; and that $1,000 was subsequently returned to it with a scrap of paper, upon which was written the words "credit to the school fund;" and praying that the appropriate committee may consider the propriety of reimbursing him to the extent of that sum for which he faithfully accounted to his successor in office.
The paper was referred to the Committee on Claims.
Mr. BROWN moved that a joint resolution [H. R. 10], reported from the House of Representatives, but never read in the Senate, be taken from the files and referred to the Judiciary Committee.
The motion was agreed toAnd the Senate adjourned.
