THE BREVIER LEGISLATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, February 17, 1871.The Senate met at 10 o'clock, A. M.
No one appearing to offer prayer,
The journal of yesterday was read, pending which--
Mr. HENDERSON moved to dispense with its further reading.
Messrs. HOOPER and MARTINDALE demanded the yeas and nays. They were ordered and were being taken, when--
Mr. HENDERSON, stating that it would probably take as long to call the yeas and mays as to read the journal, asked and obtained consent to withdraw his motion.
LEAVES OF ABSENCE.
Mr. Alsop was granted a leave of absence until Tuesday, and Mr. Hamilton indefinitely.
LEVEES AND DRAINS.
On motion of Mr. BRADLEY, the bill [S. 48] supplemental to the Drainage act of May 22, 1869, was taken up on the last reading.
Mr. DWIGGINS stated that it was agreed between the friends and enemies of this bill that the bill H. R. 23 repealing this act shall also be read.
The LIEUTENANT GOVERNOR. Is there any objection on the part of the Senate.
VOICES. "Consent," "consent."
The LIEUTENANT GOVERNOR. All right.
Mr. DWIGGINS asked unanimous consent to add a section to his bill S. 48, providing that all corporations heretofore or hereafter to be organized under the provisions of this act, and the act to which this is supplemental shall, by its Board of Directors cause all work to be done by contract, and such contract shall be let by said Board of Directors to the lowest responsible bidder after advertising for sealed proporals one week in a newspaper published in the county through which that work shall pass.
Mr. GREEN objected. If refers only to this supplemental act he would have no objection.
Mr. DWIGGINS to obviate the objection modified his amendment so that it shall not apply to companies whose proposed work in less than 20 miles in length.
The LIEUTENANT GOVERNOR. Is that satisfactory?
Mr. GREEN. "Yes, sir."
VOICES--"Consent."
The LIEUTENANT GOVERNOR. This amendment is adopted then by general consent.
So the bill passed by yeas 46, nays 0.
On motion by Mr. DWIGGINS the bill [H. R. 23] repealing the drainage law of 1869 was read the second time, and ordered engrossed for the third reading.
THE SINKING FUND DISTRIBUTION.
Mr. WILLIAMS moved to suspend the order of business that the bill [H. R. 256], relation to the distribution of the sinking fund.
The motion was agreed to by yeas 31, nays 14, and the bill [H. R. 256], to amend the act providing for the custody of the sinking fund, was read the first time.
Mr. WILLIAMS moved for a dispensation of the constitutional restriction, that the bill may be read twice and put upon its passage now.
The motion was rejected by yeas 30, nays 12.
THE BURSON CASE.
Mr. BROWN called for the order of business pending at the time of the adjournment yesterday.
Mr. WILLIAMS, stating that there was an imperative resolution adopted last night appointing a Committee, and I as one of the number, ask leave to report from a portion of that Committee.
The LIEUTENANT GOVERNOR. That is right and proper.
The report of the Committee referred to by Mr. Williams was then read as follows:
MR. PRESIDENT: The special committee, to whom was assigned the duty of selecting such testimony as should be read to the Senate in the protest of Kline and others against the right of John W. Burson to hold a seat in the Senate, from the counties of Delaware and Madison, report that they are unable to come to any agreement, and the page: 309[View Page 309] undersigned members of said committee, believing that a fair and full abstract of the evidence is contained in the majority and minority reports of the committee taking the testimony, therefore, the undersigned would most respectfully recommed that the Senate do now proceed to act upon the case as reported by the majority and minority of the Special Committee on Election, to whom the Burson case was referred.
J. D. WILLIAMS, E. HENDERSON, JAMES BRADLEY.
Mr. SCOTT, from the same Committee, submitted thee following report:
Mr.PRESIDNT--The undersigned, members of the Committee appointed to select evidence to be read in the Senate in the hearing of the allegations of the memorialists Kline and others, against John W. Burson, have had that matter under advisement and have been unable to agree with the other members of said Committee on the subject so referred, they, therefore recommend that all the evidence taken by the Committee be read on said hearing.
H. D. SCOTT, >A. ANDREWS, JOHN GREEN.
Mr. HENDERSON moved that the report of the Senator from Vigo (Mr. Scott) be laid on the table.
The motion was agreed to--yeas 24, nays 21--as follows:
YEAS--Messrs. Alsop, Armstrong, Beggs, Bobo, Bradley, Brown, Bird, Carnahan, Cave, Denbo. Dittemore, Dougherty, Francisco, Fuller, Glessner, Gregg, Henderson, Johnson, Keigwin, Lasselle, Morgan, Rosebrugh, Stroud, and Williams--24.
NAYS--Messrs Andrews, Beardsley, Beeson, Caven, Collett, Dwiggins, Fosdick, Gray, Green, Hadley, Hess, Hooper, Hubbard, Martindale, Miller, Robinson, Scott, Steele, Taylor, Wadge and Wood--22.
Mr. HENDERSON moved to concur in the recommendations contained in the report submitted by Mr. Williams.
The motion was agreed to yeas 24, nays 31.
Mr. BEESON moved ineffectually--yeas 20, nays 22 to adjourn.
Mr. HENDERSON demanded the previous question on the adoption of the minority report of the Committee on Elections.
The yeas and nays were demanded and ordered, pending the taking of which--
Motions were made to adjourn, for a call of the Senate, on an appeal from the decision of the chair, and on motions to excuse members from voting, etc., etc.
These several questions were discussed, and explanations of votes were made; the Senate remaining in centinuous session from from the time of assembling at 10 o'clock this morning till the late hour of this writing to-night.
