THE BREVIER LEGISTATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, February 21, 1871.The Senate met at 9 o'clock--the LIEUTENANT GOVERNOR in the Chair.
No one appearing to offer prayer--
The Secretary's minutes of yesterday's proceedings were read, when--
Mr. SCOTT stated that he had some affidavits of Mr. Burson and his counsel which he desired to have read for information.
Mr. BROWN objecting--
Mr. SCOTT moved to suspend the order of business for the purpose of allowing these papers to be read for information. These affidavits contradict some of the statements made by witnesses in this case, he said.
The yeas and nays were demanded and being ordered and taken resulted yeas 20, nays 24--as follows:
YEAS--Messrs. Andrews. Beardsley, Caven, Dwiggins, Fosdick, Collett, Gray, Green, Hadley, Hess, Hooper, Hubbard, Martindale, Miller, Robinson, Scott, Steele, Taylor, Wadge and Wood--20.
NAYS--Messrs. Armstrong, Beggs, Bobo, Bradley, Brown, Bird, Carnahan, Cave, Denbo, Dittermore, Dougherty, Elliott, Francisco, Fuller, Glessner, Gregg, Henderson, Johnson, Keigwin, Lasselle, Morgan, Rosebrugh, Straud, and Williams--24.
Pending which--
Messrs. Bradley, Dwiggins, Harper, Hubbard, Johnston, Martindale, Roseburg, Scott, Steele, Wood and Lasselle, explained their votes.
So the Senate refused to suspend the order of business.
Mr. GREY asked but failed to obtain consent to offer a resolution that the Hon. John W. Burson be sworn at the bar of the Senate and permitted to give his testimony in the case now pending before the Senate.
The LIEUTENANT-GOVERNOR now--at 10:23 o'clock--announced the consideration of the case of the Senator from Delaware, by agreement made last Saturday.
Mr. HENDERSON withdrew his pending demand for the previous question.
Mr. BROWN addressed the Senate in favor of the adoption of the majority report submitted by the special committee.
Mr. STEELE then took the floor, arguing in support of the minority report, which declares that Mr. Burson is entitled to a seat on the floor as Senator from the counties of Delaware and Madison, till On motion, the Senate took a recess for dinner.
AFTERNOON SESSION.
The LIEUTENANT-GOVERNOR resumed the Chair at 2 o'clock P.M.
Mr. STEELE proceeded with his argument till he had consumed his allotted time, two hours.
Mr. BROWN then closed in a speech of one hour and a quarter, demanding the previous question before he took his seat.
The demand was seconded by 22 Senators, and under the operation of the previous question the minority report was rejected by yeas 21, nays 24.
The question recurring upon the adoption of the following resolution, reported by the majority of the committee:
WHEREAS, Section 6 of Article 10 of the Constitution of the State of Indiana says every person shall be disqualiified from holding office during the term for which he may have been elected who shall have given or offered a bribe, threat or reward to procure his election; and
WHEREAS. In the opinion of a majority of the committee the provisions of the constitution as above cited has been clearly violated by John W. Burson; therefore,
Resolved. By the Senate John W. Burson is disqualified from holding the office of State Senator, and that the said John W. Burson is not entitled to a seat on this floor as Senator from the counties of Delaware and Madison, and that the same be declared vacant.
The resolution was adopted by yeas 24, nays 21--as follows:
YEAS--Messrs. Armstrong, Beggs, Bobo, Bradley, Brown, Bird, Carnahan, Cave, Denbo, Dittemore, Dougherty, Elliott, Francisco, Fuller, Glessner, Gregg, Henderson, Johnson, Keigwin, Lasselle, Morgan, Rosebrough, Straud 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--20.
An ineffectual motion was made to adjourn.
Mr. HENDERSON moved to reconsider the vote adopting the resolution, and to lay this motion on the table.
The latter motion was agreed to by yeas 24, nays 21.
And then the Senate adjourned till ten o'clock to-morrow.
