THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, December 20, 1872.The Senate met at ten o'clock.
The proceedings were opened with a prayer by the Rev. Mr. Tinsey, pastor of Asbury Methodist Episcopal Church.
Mr. DWIGGINS moved that the reading of the journal be dispensed with.
Mr. WILLIAMS objected. He wanted at least that portion read which contained the record of his appeal from the decision of the Chair yesterday.
On motion of Mr. SCOTT, the reading of the journal was dispensed with, except so much as related to Mr. Williams' appeal.
Mr. WILLIAMS objected to the journal because it did not show that the Senate concurred in the House amendments of the redistricting bill before his appeal was put.
THE HUNTING BILL.
On motion of Mr. NEFF, the bill [H. R. 8] to prevent hunting and shooting on enclosed lands without the consent of the owner thereof, was taken up.
Mr. ROSENBRUGH moved to amend by inserting after the words "occupant thereof," the words: "provided that such owner or occupant thereof shall have given due notice to the public, warning all persons not to hunt upon said enclosure by posting notices, not less than three, in three public places upon said premises."
Mr. NEFF opposed the amendment. He said if the bill became a law it was of itself notice to all the world. More than that, as the bill referred only to enclosed lands, the presence of the fence, when hunters came to it, was a notice.
Mr HARNEY opposed the bill. He was in favor of punishing the man who enters premises and commits wrong, but the simple entry upon premises ought not to render a man liable to prosecution.
Mr. SCOTT was willing that the amendment should be adopted, for the people in his vicinity have already posted such notices, and they understand that to be the law now. No man has a right to take wild game where he injures another man by doing so.
Mr. STEELE would prefer to see this bill passed over till the next session. He thought it would be wrong to pass it before having a full and fair discussion.
Mr. HARNEY moved to postpone the further consideration of this subject till next session.
The motion was rejected--yeas 21, nays 22.
Mr. FRIEDLEY of Lawrence (Mr. HUBBARD in the chair) moved to lay the subject on the table. It was agreed to--yeas 25, nays 18.
FRANKLIN INSURANCE COMPANY.
Mr. BROWN moved to dispense with the constitutional rule, in order that the bill [H. R. 36] to amend the charter of the Franklin Life Insurance Company may be read the first and second times by title, the third time by sections, and pushed to the final vote. [It proposes to increase the amount of a share of stock of the Franklin page: 346[View Page 346]Insurance Company from $25 to $50, and to change the name of the company, from the Franklin to the Indianapolis Insurance Company.]
The motion was rejected by yeas 25, nays 18.
FEMALE REFORMATORY.
On motion by Mr. BEESON, the bill [H. R. 211] making an appropriation of $50,000 to finish and furnish the female prison, and put in order the grounds thereof, was read the second time.
RAILROAD CONTRACTS.
On motion by Mr, RHODES, the bill [H. R. 241] to give security to persons who contract to perform work or labor for railroad corporations, was read the first time.
COUNTY PROPERTY.
On motion of Mr. SCOTT, the Senate refused to concur in the House amendments to his bill [S. 166] regulating the sale of county property and the letting and building of public buildings, and asked for a committee of free conference thereon.
The House amendment struck out the section requiring County Commissioners to file plans and specifications of bridges,buildings, fences, etc., before advertising for contracts to do the work.
Mr. RHODES moved for a constitutional dispensation, that the bill [H. R. 241] may be advanced to the final vote thereon.
The motion was rejected--yeas 18, nays 21.
SPECIFIC APPROPRIATIONS.
On motion by Mr. BROWN, the bill [H. R. 259] making specific appropriations for the year 1871 and 1872,, was read the first time, and under a dispensation of the constitutional restriction, it was read the second time by title only, and referred to the Committee on Finance.
CLAIMS.
Mr. ORR, from the Committee on Claims, returned the accounts of the Guttenberg Printing Company of $476 60 for papers furnished the Senate last session, with a recommendation that it be referred to the Finance Committee for incorporotion in the specific appropriation bill.
The report was concurred in.
NUMBER OF EMPLOYES.
Mr. WILLIAMS offered a resolution directing the Principal Secretary, Assistant Secretary, Doorkeeper, President of the Senate, and the chairman of each standing committee, to furnish the name of each employe, the number employed by each, and the duties performed by each.
Mr. SCOTT moved that the resolution lie on the table. He said the number of employes had been fixed by the Senate and their names had once been reported.
The motion was rejected by yeas 18, nays 26.
Then came the recess for dinner.
AFTERNOON SESSION.
The Senate met pursuant to adjournment.
Mr. Williams' resolution pending at the noon recess, was taken up.
Mr. DWIGGINS moved to amend the resolution so as to require the report called for to be made at the commencment of the next session.
Mr. BROWN said he was opposed to an attempt to build up a political party upon such cheap capital as this, and moved to lay the whole subject on the table.
The motion was agreed to by yeas 20, nays 19.
ADJOURNMENT SINE DIE.
Mr. GLESSNER asked and failed to obtain consent to offer a resolution that the present session of the General Assembly, on Saturday, at twelve o'clock m., do adjourn sine die.
Mr. BROWN moved to amend by fixing the time of adjournment at noon next Sunday.
The resolution was laid on the table.
VENTILLATION.
Mr. THOMPSON, by consent, offered a resolution that Messrs. Smith, Scott and Oliver make such suggestions as will secure the proper heating and ventilation of the Senate Chamber, and take measures to put it in proper condition for the meeting of the Senate at the next session.
Mr. CARNAHAN moved as amendment that the State Librarian be instructed to cause the flues that warm the chamber to be cleansed and repaired by the next regular meeting of the Assembly. He said an investigation of the flues in the House showed that there was more than a bushel of tobacco quids and stumps of cigars through which the air had to find its way, and hence the poisonous effluvia.
On motion of Mr. ORR, Mr. Carnahan's amendment was laid on the table.
The resolution was adopted.
COUNTY SEATS.
Mr. BROWN, from the Judiciary Committee, returned to the files the bill [S. 148] page: 347[View Page 347]on the relocation of county seats, that it may take its place on the calender of bills for consideration at the regular session.
EMPLOYES.
Mr. DWIGGINS, from the joint committee of free conference on the bill [S.145] relating to the number of employes, recommended that the House recede from all its amendments except the amendment allowing the clerks of the House each an extra assistant, and a page, and that the Senate concur in that.
Concurred in.
JUDGES' SALARIES.
The PRESIDENT announced the special orderthe Judges' salary bill [S. 9], which on motion of Mr. Brown was placed on the files.
TERRE HAUTE AND INDIANAPOLIS RAILROAD.
Mr. BROWN, by leave, offered a resolution, as follows:
RESOLVED, That the Committee on Railroads be authorized to continue its investigations in reference to the Indianapolis and Terre Haute Railroad after the adjournment of the present session, and report its investigations to the next session of the General Assembly; and the members of said committee shall have for their services during the time they are engaged, the same compensation allowed members of the General Assembly.
Mr. SCOTT saw no need of continuing so large a committee, if one must be appointed. He believed the investigation to be useless, and moved to reduce the number to three.
Mr. DWIGGINS said the matter was a very important one, involving, as it was claimed, a million of dollars for the school fund, and he thought the responsibility too heavy to be placed on the shoulders of three men.
Mr. BROWN referred to the twenty-third section of the charter of that railroad, and declared there was not such a provision in the charter of any railroad in the United States. The committee have taken the initiatory steps for bringing before the Legislature a proper account of this matter. With the information already obtained by the attorneys for the State in the suit now pending against the railroad, together with such as the committee may be able to obtain from other sources, he thought an statement might be made which would probably be of great importance to the State.
Mr. DWiGGINS suggested that there was still another question of even graver importance into which the committee might inquire, and that is whether the company has not forfeited its charter by its neglect to pay over the surplus to the school fund as required by law.
Mr. GOODING said a suit was now pending to declare the franchises of the company forfeited, and he thought the information which this committee might obtain would be of great value not only to the Attorney General's prosecution of that suit, but in a suit to recover the money due to the school fund. This committee has a great deal of work to do if it does its duty, and it ought to consist of five members, and they ought to take the time and sound this thing thoroughly, so as to put it to rest in the public mind.
Mr. GREGG. Considering the amount involved in the proposed investigation ($1,000,000) the expense of having the whole committee would be a trifling consideration. He moved to lay the amendment on the table.
The motion was agreed to, and the resolution was then adopted.
DECEDENTS ESTATES.
On motion of Mr. CARNAHAN, the bill [S. 71] to amend sections 7 and 49 of the act for the settlement of decedents estates, approved June 16, 1852, was read the second time.
Mr. CARNAHAN explained that in section 7 it changed the length of time--five instead of fifteen days--and in section 49, twelve days' instead of three weeks' notice of sale. He moved for a suspension of the constitutional rule that the bill may be passed to the final vote in the Senate
The motion was agreed to--yeas, 39; nays, 0, and the bill was read the third time and passed--yeas, 40; nays, 0.
COMMITTEE ROOMS.
Mr. HUBBARD, by leave, offered a resolution requesting the State Librarian to take charge of the property in the room of the Committee on Corporations.
Mr. DWIGGINS offered a substitute, directing the Librarian to take charge of and keep the property belonging to the State in all the committee rooms, except the rooms of the Judiciory Committee.
Mr. HUBBARD accepted the amendment as a substitute for his resolution.
Mr. DAGGY moved to amend by restricting the resolution to the rooms occupied by the Committees on Finance and Organization of Courts.
Mr. BROWN moved to amend further by adding the words: "The Committee on Corporations."
page: 348[View Page 348]Mr. DAGGY accepted.
The amendment was agreed to, and so the resolution was adopted.
COUNTY PROPERTY.
Mr. SCOTT, from the joint Committee of Free Conference on his bill, [S. 166] report- an amendment providing that the bill shall not apply to pending cases of relocation ot county seats and recommending that House recede from its amendments.
Mr. BEESON opposed the amendment. He said that the act providing for the relocation of the county seat of Wayne county was covered all over with fraud. There is a ring at work in Richmond, and unless some measures are taken to restrain it, Wayne county would be involved in an expense of from three to four hundred thousand dollars in the construction of a new court house at Richmond. The commissioner have never employed an architect, as the law requires, nor has a plan or specification or estimates of the cost ever been filed. He wanted the bill so framed as to afford the necessary relief for Wayne county as well as Vigo county.
Mr. DAGGY said this proviso was gotten up by himself so that the county seat question should be entirely ignored--so as to avoid legislation either for or against a county seat--so this act shall be construed neither for nor against the county seat question. It leaves the county seat law question intact in every particular, and it leaves the question of remedies they have outside of this act. Therefore this provision expressly states that it shall not apply to anything of that kind. This is done to meet a demand from other quarters.
Mr. STEELE understood the difficulty to be this: The Senator from Vigo wishes to prevent a Court House being built at the expense of a county, without proper advertising, and the very same difficulty occurs with the people of Wayne county. He did not want the bill limited by the amendment so that it would apply to Vigo county alone. He wanted it framed so that its provision would apply to every county in the State. He thought it wrong either in the county of Vigo or the county of Wayne to compel the people to contribute to the building of a costly Court House when the proper steps have not been taken.
Mr. WILLIAMS raised the point of order that a committee of free conference have no right to introduce new matter in their report.
Mr. DWIGGINS. Let the county seat law remain as it is, and don't smother it by attempting to tack on something for the benefit of some particular locality. He favored the proposed amendment, as it leaves the county seat question where it is.
Mr. STEELE proposed to stand by the bill of the Senator from Vigo (Mr. Scott) without the crossing of a "t" or the dotting of an "i," and again insisted that such a law should be general in its application.
Mr. BROWN made the point of order that the report was not in order, as a committee of conference could introduce no new matter.
The PRESIDENT pro tem (Mr. Gooding, in the chair) held the point well taken.
THE SPECIFIC APPROPRIATION BILL.
Mr. STEELE, from the Committee on Finance, returned the specific appropriation bill [H. R. 259] with sundry amendments thereto.
On motion of Mr. DAGGY, the amendments were considered by sections.
The section allowing $880 to C. W. Stagg for taking and transcribing short hand notes in the Burson case last session being read--after considerable discussion--
The committee amendment was concurred in.
Mr. DAGGY moved that the constitutional restriction be dispensed with and the bill be read the second time by sections.
The motion was agreed to--yeas 38, nays1.
Accordingly the bill was read by sections.
And then the Senate took a recess till eight o'clock p. m.
NIGHT SESSION.
The Senate met at eight o'clock.
Mr. O'BRIEN moved to amend the pending bill by striking out the section allowing the Attorney General $4,000 for extra services on behalf of the State, during the years 1870 and 1871.
Mr. ROSEBRUGH spoke earnestly against the motion.
Mr. DAGGY moved to amend Mr. O'Brien's motion, so as to allow Mr. Hanna $2,000 in full for extra services to the end of 1872.
Mr. O'BRIEN said that he did not make his motion with any political feeling. He was willing to vote to pay any officer for extra services rendered, but he could not learn that Mr. Hanna had rendered the State any extra service. He had been credibly informed that when the suits were pending in which these services are said to have been rendered, the State was represented by other attorneys, and the papers were asking where Mr. Hanna was? why the State was not represented by her page: 349[View Page 349]proper officer? Believing, therefore, that Mr. Hanna was entitled to no extra pay because he had rendered no extra service, he was opposed to Mr. Daggy's motion.
Mr. DWIGGINS demanded the previous question.
The demand was seconded by the Senate.
Mr. Daggy's motion was rejected--yeas, 17; nays, 29.
The vote on Mr. O'Brien's motion stood--yeas, 16; nays, 29.
Mr. DWIGGINS moved to amend the section by striking out $4,000 and inserting $2,001.
Mr. SLEETH moved, as a substitute, to strike out $4,000 and insert $1,600. He said there was no provision in the statute for furnishing the office, and yet he found by reference to the report of the Treasurer of State, that Mr Hanna had drawn $405 on that account. This, added to the $1,600, proposed by his amendment, would make $2,000, and this he was willing to allow.
Mr. BROWN suggested that the friends and opponents of the section compromise by striking out $4,000 and inserting $2,500.
Mr. WILLIAMS moved to lay Mr. Sleeth's substitute on the table.
The motion was agreed to by yeas, 31; nays, 13.
Mr. BROWN offered a substitute allowing $2,500 in full for all extra services rendered by him in behalf of the State during his entire term of office.
It was adopted.
The section, as amended, was agreed to--yeas 36, nays 9.
EXTRA PAY OF COMMON PLEAS JUDGES.
Mr. O'BRIEN moved to amend by striking out the section allowing $10 a day to Judges for holding extra terms of courts, because it is ambiguous and provides for the payment of Common Pleas Judges out of the State Treasury, when their pay comes from County Treasuries.
Mr. SMITH demanded the previous question.
The Senate seconded the demand for the previous question, and under its operation the amendment was agreed to.
Mr. DWIGGINS moved to strike out the section allowing $65 50 to the Jeffersonville railroad for transportation of persons on military passes in 1866.
It was rejected.
Mr. GREGG moved to amend section 15 by allowing E. P. Beauchamp $30 instead of $81.
The amendment was agreed to.
Mr. SLEETH moved to strike out the allowance of $2,800 to Barbour and Jacobs for legal services under authority of the Governor and State officers. He understood that Marion county would have obtained three-fourths of the advantage had the suit been successful, but as far as he could ascertain from dilligent inquiry this firm should receive not more than $800. The previous question was demanded and seconded and under its operation--
The motion was agreed to.
Mr. NEFF moved to strike out the section allowing Holland and Binkley $2,359 for legal services.
The motion was agreed to.
Mr. CHAPMAN moved to strike out the section allowing $785 for the Sunday Post furnished during the session of 1871.
The motion was agreed to.
On motion of Mr. GOODING, the amendments of the Senaate were considered as engrossed, the constitutional restriction dispensed with--yeas, 41; nays, 0--the bill read the third time and passed--yeas, 42; nays, 0.
REFORMATORY.
On motion of Mr. DAGGY, the nomination by the Governor of the Board of Managers of the Indiana Reformatory Institution, viz.: Joseph I. Irwin, for four years from the first day of May, 1869; Stoughton A. Fletcher, four years, from the first day of May, 1871; F. S. Armstrong, for four years, from the first day of May, 1872, were confirmed by the Senate.
COUTNY PROPERTY.
On motion by Mr. SCOTT, the Senate receded from its disagreements to the amendments of the House to the bill [166], and concurred in the House amendments.
SOLDIERS' BOUNTY.
On motion by Mr. GREGG, the joint resolution [H. R. 3] instructing Indiana Congressmen to favor the passage of a law to equalize the bounty of soldiers and seamen of the late war was passed by yeas 38; nays, 0.
Mr. NEFF offered a resolution, which was adopted, requesting the Librarian to place new locks on the outer door of the Senate Chamber.
Mr. DAGGY, from the Committee on Organization of Courts, reported back Senate resolution in relation to Criminal and Civil Courts and the memorial of the Bar Association, and recommended that they lie on the table until the next session.
The report was concurred in.
Mr. BEESON, from the Committee on Temperance, returned Senate bills No. 12. and 114, with a recommendation that they be placed on the calendar.
page: 350[View Page 350]The report was concurred in.
BIRD AND SARNIGHAUSEN CONTEST.
Mr. NEFF, in behalf of the Committee on Claims, reported in favor of allowing the claim of O. Bird for $199, expenses incurred in contesting the seat of John Sarnighausen, and that the President draw his warrant for the same.
The report was concurred in.
On motion of Mr. O'BRIEN, it was ordered that when the Senate adjourns, it be till two o'clock p. m. to-morrow.
On motion of Mr. DAGGY, all bills before the Senate were ordered to be placed on the calendar in regular order.
NEW STATE HOUSE.
Mr. SCOTT called up House concurrent resolution offering $1,000 as a premium for the best plans and specifications for a new State House, $600 for the second best and $400 for the third best, and authorizing the committee to visit the capitals of different States, and to advertise for plans.
It was rejected.
And then at 11:40 o'clock the Senate adjourned till two p. m. to-morrow.
