THE BREVIER LEGISTATIVE REPORTS.
TWELFTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, January 9, 1871.The Senate met pursuant to adjournment at 2 o'clock P. M.
Lieutenant Governor CUMBACK in the chair.
The Secretary's journal of Friday's proceedings was read, corrected and approved.
RULES AND ORDERS.
Mr. JOHNSTON called up his resolution offered Friday last for a change of the Rules of the Senate so that the daily sessions shall commence at ten o'clock A. M.
On motion by Mr. BRADLEY the further consideration thereof was postponed till Thursday next.
STATIONERY AND STAMPS.
Mr. CAVE offered a resolution providing for stationery and stamps to the amount of $20 for each member$5 for the chairman of each committee, the Secretaries such as they may need and the Doorkeeper $10 worth.
Mr. BRADLEY moved to amend by adding $5 worth of stamps for each member, and to include the President of the Senate.
On motion of Mr. DITTEMORE, the amendment was laid on the table.
Mr. MARTINDALE proposed an amendment, providing for such stationery and stamps as may be necessary for each member, not exceeding in amount $20.
On motion, by Mr. WILLIAMS, the amendment was referred to a Select Committee of three, which the President makes to consist of Messrs. Williams, Cave and Martindole.
NEWSPAPERS.
Mr. DENBO offered a resolution, to provide for one copy each of the Indianapolis Daily Journal and Daily Sentinel; six copies each of the Weekly Sentinel, Journal, Telegraph, and Valksblatt, wrapped and stamped, "provided the same will publish a correct report of the proceedings of the Legislature."
Mr. GRAY moved to amend by adding one copy of the Daily Commercial.
On motion by Mr. SARNINGHAUSEN, one copy of the Daily Telegraph was added.
Mr. HENDERSON offered a substitute providing for three copies each of the dailies Sentinel, Journal, Telegraph, Commercial and News, two stamped, and six copies o the Weekly Volksblattt wrapped and stamped.
Mr. CAVEN made an ineffectual motion to add one copy of the American.
Mr. HUGHES proposed an amendment, which was agreed to, providing that "the Senate may stop said papers at any time, and compensation thereupon shall only be paid to the time of the order discontinuing said papers."
The substitute was agreed to.
Mr. MARTINDALE moved to amend by providing for but one copy of each of the dailies and the Telegraph.
Mr. DITTEMORE made an ineffectual motion to amend by providing for one copy each of the dailies Sentinel and Journal' and six copies of their weekly addition.
On motion by Mr. JOHNSTON, the whole subject was laid on the table.
SAN DOMINGO.
Mr. BROWN submitted the following:
A joint resolution [S. 2] of instruction to the Senators in Congress representing the State of Indiana on the subject of annexing Dominica to the United States.
Resolved by the General Assembly of Indiana, That while not opposed to a judicious acquisition of territory by the United States wherever the same may be necessary for the public defense, for commerce, the adjustment of boundaries, or the devolopment of the national resources, we condemn and disapprove of the pending plan before Congress for the acquisition of a portion of the Island of San Domingo.
Resolved, That our Senators in Congress be and are hereby instructed and our Representatives requested to oppose by their votes and by all legitimate means, the consummation of said plan, and all legislative action by Congress looking to that end.
Resolved, That the Governor be and is hereby requested to furnish each of our Senators and Representatives in Congress, as soon as practicable, with a copy of these resolutions, and that he forward a copy of the same, duly authenticated, to Hon. Charles Sumner, Senator from Massachusetts, with a request from this General Assembly that the same my be presented by him to the Senate of the United States.
Mr. BROWN said: To be effective, this resolution should be passed at once, and as the subject has been exhaustively discussed in newspapers and in Congress, he moved the previous question.
The demand for the previous question was seconded--23 to 18.
The joint resolution was then adoped by yeas 26, nays 20, as follows:
YEAS--Messrs. Alsop, Armstrong, Beggs, Bobo, Bradley, Brown, Carnahan, Cave, Denbo, Ditte
page: 53[View Page 53]more, Francisco, Glessner, Gregg. Henderson, Hubbard, Hughes, Johnson, Keigwin, Lasselle, Morgan, Rosebrough, Sarninghausen, Stroud, Wadge and Williams--26.
NAYS--Messrs. Andrews, Beardsley, Case, Caven, Collett, Elliott. Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Martindale, Miller, Robinson, Scott. Steele, Taylor, and Wood--20.
Pending the roll call--
Mr. GRAY, in explanation of his vote, said, as the case now stands, he did not like to be hurried, for he thought there might be some light thrown on this subject soon, but inasmuch as he was compelled to vote under pressure of the previous question, he should vote "no."
Mr. GREEN, when his name was called, said: This looks like strong meat, that a new resolution, on a new subject, just now beginning to excite the public mind, should be pushed so hurriedly. He had Senator Morton's speech and to-day received Senator Sumner's speech on the San Domingo question, and he would like time to read them and to consider the subject. But if it is to be the rule for the opposition here to prepare their resolutions and bills and call the previous question thereon as soon as introduced, he must submit as tamely as any one. He voted "no."
Mr. HAMILTON, when his name was called said, he seldom had any trouble in making up his mind how to vote, but he believed the gentleman who hurried up this resolution without giving time for others to think about it, ought to have explained the subject before calling the previous question. He voted "no" because he knew nothing about it.
So the joint resolution passed the Senate.
Mr. BROWN moved to reconsider the vote by which the resolution was adopted, and to lay this motion on the table.
The latter motion was agreed to.
FEES AND SALARIES.
Mr. LASSALLE offered a concurrent res-lution providing for a joint select committee on fees and salaries, as follows:
Resolved by the Senate, the House concurring, That a joint committee of five, two to be selected by the President of the Senate, and three by the Speaker of the House, are hereby appointed, to whom all bills and resolutions relating to the fees and salaries of State, county and township officers should be referred, and whose further duty shall be to inquire into and report by bill or otherwise upon the expediency of reducing any unnecessary expenditures, State, county or municipal.
Mr. HENDERSON opposed the resolution. He desired the subject to be considered here by a standing committee, to be chosen by the Senate.
On motion by Mr. GREEN the resolution was laid on the table.
NEW PROPOSITIONS.
Mr. BRADLEY introduced a bill [S. 5] to enable married women to join with their husbands and make executory contracts for the sale and conveyance of his real estate, which was read the first time and passed to the second reading.
Mr. GREEN introduced a bill [S. 6] giving specific salaries for Clerks, Auditors, Treasurers and Sheriffs of the several counties in the State, providing for deputies, and repealing all laws in conflict with this act, which was read the first time and passed to the second reading.
[It provides that each of these officials shall receive a salary of one thousand dollars, and be authorized to employ deputies, as follows: The Clerk and Auditor one deputy at $500 whenever the population of the county exceeds ten thousand, and one additional deputy for every 5,000 inhabitants. The Treasurer is authorized to employ the same number of deputies, under the same restrictions and regulations, except that where more than one deputy is allowed, their salary shall be $300 per annum. Where the Sheriff's deputies exceed one their salaries shall be $200 per annum.]
Mr. HADLEY introduced a bill [S. 7,] providing for the publication of certain business therein named, of Boards of Commissioners, fixing a penalty, designating the terms when certain business shall be transacted, repealing all laws in conflict herewith, and declaring an emergency, which was read the first time and passed to the second reading.
Mr. MARTINDALE introduced a bill [B. 8,] to amend the 7th and 11th sections of the act regulating the granting of divorces, approved May 13, 1852, and regulating all laws conflicting with this act, which was read the first time and passed to the second reading.
[It strikes out the discretionary clause allowing courts to grant a divorce for any cause that the judges may deem sufficient. No divorce shall be decreed except for adultery and infamous crimes until after the expiration of three years from marriage. Where the act complained of was committed while the petitioner was a non-resident, such residence shall be for five years previous to the filing of such petition. The defendant shall be personally served with notice except in cases where the residence is unknown.]
Mr. WOOD introduced a bill [S. 9] regulating interest on money. [On judgments at the rate per cent, agreed upon by the parties to the original contract, not exceeding ten per cent. if no contract, six per cent.]--It was read the first time, and passed to the second reading.
Mr. GREGG introduced a bill [S. 10] repealing section one of "As Act entitled An Act prescribing the duties and fixing the compensation of State Agent, approved June 17, 1852." and authorizing and requiring the Treasurer of State to perform the duties thereof, and declaring an emergency to exist for the taking effect of this act. It was read the first time and passed to the second reading.
Mr. JOHNSON introduced a bill [S. 11] to amend an act entitled an act to enable the owners of wet lands to drain and reclaim them where the same can be done without affecting the lands of others, prescribing the powers and duties of County Boards and page: 54[View Page 54] County Auditors in the premises, and repealing all laws inconsistent therewith; approved March 11,1867, which was read th first time, and passed to the second reading.
Mr. CAVE introduced a bill [S. 12] to amend section 7 of the common school law approved March 6th, 1865, which was read the first time and passed to the second reading.
Mr. BEARDSLEY introduced a bill [S. 13] to establish the rate of interest on judgments and claims in certain cases, [same rate of interest on such, written obligations not exceeding ten per cent.], which was read the first time and passed to the second reading.
Mr. HUBBARD introduced a bill [S. 14] to encourage manufacturing in the State of Indiana, and allowing and legalizing conveyances of real estate to foreign manufacturing corporations, which was read the first time and passed to the second reading.
Mr. JOHNSTOH introduced a bill [S. 15] supplemental to the act authorizing the construction of plank, Macadamized and gravel roads of March 12, 1852, and the amendments thereto, which was read the first time and passed to the second reading.
Mr. HESS introduced a bill [S. 16] entitled "an act to amend section 3 of an act entitled an act to authorize cities and towns to negotiate and sell bonds to procure means with which to erect and complete unfinished school buildings and pay debts contracted for the erection of such buildings, and authorizing the levy and collection of additional special school tax for the payment of principal and interest of such bonds, which was read the first time and passed to the second reading.
Mr. WILLIAMS introduced a bill [S. 17] entitled "An act to regulate and make uniform the prices charged by railroad companies for transporting passengers, goods, wares, merchandise and other property, to and from stations on railroads in the State of Indiana, declaring the duty of certain officers in relation thereto, prescribing penalties for the violation thereof, and declaring an emergency."
[It provides that railroads shall charge for transporting freight, goods, wares, merchandise, and other personal property, a distance not exceeding twenty miles, not more than one hundred per cent, above the rates fixed and charged for transporting freight over the entire line of such railroad. For transporting aforesaid articles a distance of more than twenty miles at a rate not exceeding twenty-five per cent. above the rates fixed and charged for transporting freight over the entire lenth of such railroad. For transporting the aforesaid articles a greater distance than fifty miles at a rate not exceeding fifty per cent. above the rates fixed and charged for transporting freight over the entire length of such railroad, the rates aforesaid to be in proportion to the amount charged, fixed and demanded for such railroad company for "through freight," or for transporting frieght over the entire line of such railroad. For transporting passengers from one station to another upon or along the line of any railroad within this State the compensation charged, demanded or received shall not exceed the rate of three and one-half cents per mile.]
It was read the first time and passed to the second reading.
Mr. CARNAHAN introduced a bill [S. 18] authorizing County Recorders to demand and receive their fees for recording at the time deeds, mortgages and others papers are presented to them for record, which was read the first time and passed to the second reading.
Mr. BROWN introduced a bill [S. 19] to provide for the relocation of county seats, and for the erection of county buildings in such cases, &c., which was read the first time and passed to the second reading.
Mr. HUBBARD introduced a bill [S. 20] empowering and legalizing appropriations for bridges by County Commissioners, which was read the first time and passed to the second reading.
Mr. MARTINDALE introduced a bill [S. 21] to amend section 31 of the act defining felonies and prescribing punishment therefor approved June 10,1852. It was read the first time and passed to the second reading.
Mr. DITTEMORE introduced a bill [S. 22] to fix the time of holding the Circuit Court in the Sixth Judicial Circuit [Owen, Morgan, Monroe, Putnanm, Greene and Clay counties], which was read the first time and passed to the second reading.
Mr. LASALLE introduced a bill [S. 23] to constitute the Twenty-fifth Common Pleas Judicial District [the counties of Cass and Miami], which was read the first time and passed to the second reading.
Pending the introduction of bills--
The LIEUT. GOVERNOR laid before the Senate the report of the Bank of the State of Indiana and branches.
The Senate adjourned till two o'clock P. M. to morrow under the rules.
