THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
MONDAY, November 25, 1872.The President took the chair at two p. m.
Prayer was offered by the Rev. Frost Craft, pastor of the Third Street Methodist Episcopal Church.
MR. HARVEY D. SCOTT.
Mr. BROWN rose to a privileged question. He presented the credentials of Hon. Harvey D. Scott, Senator elect from the county of Vigo, who came forward and took the oath of office at the hands of Hon. George W. Friedley, President of the Senate.
THE MINUTES.
The Secretary's minutes of Saturday's proceedings were being read, when--
On motion of Mr. DWIGGINS. the further reading thereof was dispensed with.
SESSION BUSINESS.
On motion of Mr. BROWN, the order of business was dispensed with, and the bill [H. R. 22] to amend the act of March 4, 1865, providing for the completion of the unfinished business of any special session of the General Assembly, by the succeeding session of the General Assembly, was read the first time.
On his further motion the constitutional restriction was dispensed with--yeas, 41; nays, 0. The bill was read by title and referred to the Committee on Judiciary.
CONGRESSIONAL APPORTIONMENT.
The PRESIDENT announced the following as the committee authorised under the Congressional apportionment resolution: First District, Mr. Gooding; second, Mr, Friedley, of Scott; third, Mr. Francisco; fourth, Mr. Sleeth; fifth, Mr. Thompson; sixth, Mr. Dittemore; seventh, Mr. Taylor; eighth, Mr. Miller; ninth, Mr. Bird; tenth, Mr. Chapman; eleventh, Mr. Winterbotham.
REPORTS FROM COMMITTEES.
Favorable reports from a number of committees were received on several bills, which went to the files to come up in regular order.
Mr. BEESON, from the Committee on Reformatory Institutions, reported in favor of the passage of the bill [S. 44] regulating the admission of inmates to the House of Refuge, which was concurred in.
Mr. GOODING, from the Committee on Judiciary, reported back the bill [S. 26] regulating descents and the apportionment of estates, and recommended its indefinite postponement, Mr. Daggy dissenting.
On motion of Mr. DAGGY, the report was laid on the table.
Mr. DAGGY, from the same committee, reported back the bill [S. 13] requiring railroad companies to keep their principal offices within the State, and that a majority of the stockholders reside within the State and along the line of their respective roads, and recommended that it be referred, to the Committee on Railroads,
The report was concurred in.
Mr. DAGGY, from the same committee, reported in favor of the passage of the bill [S. 38] appointing commissioners to page: 111[View Page 111]sell certain real estate for a residence for the Governor, and to make an allowance in lieu thereof.
The report was concurred in.
TWENTY-FIFTH COMMON PLEAS.
Mr. DWIGGINS, from the select committee to whom was referred the bill [S. 8] to fix the time of holding courts in the Twenty-fifth Common Pleas District, reported in favor of its passage.
The report was concurred in.
On motion of Mr. DWIGGINS, the bill [S. 8] to provide for the holding of courts in the Twenty-fifth Common Pleas District [Miami and Pulaski counties] was read the second time and ordered enfrossed for the third reading to-morrow.
ALLEGED EMBEZZLEMENT BY A STATE OFFICER.
Mr. HALL offered a resolution for the appointment of a committee of three "to examine the number of warrants and amounts issued by the United States to any person authorized to receive such warrant on the part of the State of Indiana, and report if like amounts have been covered into the State Treasury."
Mr. BROWN wanted to know what the resolution meant. He couldn't understand the resolution. He objected to it as being ambiguous in its meaning.
Mr. DAGGY also thought it should be modified and made more clear in its meaning.
Mr. HALL thought the meaning was so plain that a wayfaring man, though a Senator, need not err therein.
Mr. BROWN moved to lay the resolution on the table because of its obscurity.
Mr. HALL said he did not believe there was anything wrong in these accounts, but rumors were current of a large deficit, and he wanted it investigated.
Mr. THOMPON asked if the Senator could specify any officers said to be guilty of the embezzlement or any administration under which the deficiency is said to have occurred.
Mr. HALL replied that the resolution did not refer to Governor Baker, whom he believed to be as honest a man as ever lived. But he was told, before he came to the Senate, that a certain officer had failed to account for more than $100,000.
Mr. BROWN: "Then amend your resolution, name the officer, and I will vote for it."
Several other Senators expressed dissatisfaction with the language of the resolution as not being sufficiently clear and definite, and the motion to lay on the table finally prevailed, yeas 28; nays 15, as follows:
YEAS--Messrs. Beardsley, Beeson, Beggs, Bird, Boone, Brown, Bunyan, Chapman, Collett, Daggy, Daugherty, Dittemore, Dwiggins, Freidley, of Scott; Haworth, Howe, Howard, Miller, O'Brien, Oliver, Ringo, Sarnighausen, Scott, Steele, Taylor, Thompson, Wadge and Mr. President--28.
NAYS--Messrs. Armstrong, Bowman, Carnahan, Cave, Fuller, Francisco, Glessner, Gregg, Hall, Harney, Rosebrugh, Slater, Smith, Stroud, Williams and Winterbotham--15.
Pending the roll call--
Mr. DAUGHERTY, when his name was called, explained that he would favor the resolution, were it in proper shape.
Mr. GODDING explained his opposition to the resolution, because of its general character, and because the mover intimates that there is nothing wrong.
Mr. GREGG, in explanation, didn't think it wrong to investigate such subjects, especially when there is a public rumor, as stated by the author of the resolution. If it needs amendment, it can be amended; if not, laid on the table.
Mr. HOUGH, in explaining his vote, would not do anything to cover up wrongdoing by anybody; but didn't think this resolution in such a shape that it ought to be adopted.
The vote was then announced, as above; and so the resolution was laid on the table.
TERRE HAUTE AND INDIANAPOLIS RAILROAD.
Mr. BROWN submitted the following:
WHEREAS, The charter or act incorporating the Terre Haute and Indianapolis Railroad Company, granted and passed January 26, 1847, provides, in section 23 of said act, that certain surplus profits shall be paid over to the Treasurer of State for the use of common schools.
AND WHEREAS, It is alleged that the said railroad company has failed to carry out that provision of its charter or act of incorporation, and that it is now thereby indebted to the school fund in a large sum of money,
BE IT RESOLVED, That it be referred to the Committee on Railroads to ascertain whether the said Terre Haute and Indianapolis Railroad Company has complied with the conditions, provisional and obligations set forth in section 23 of the act incorporating said company, approved January 26, 1847; and that to satisfactorily investigate all matters connected therewith, the said committee be and is hereby authorized to send for and examine the books and papers of said company, and to summon and examine the officers and employes of said company, and any other person and persons whose evidence may be necessary to ascertain the facts in the case.
It was adopted.
THE JUDICIARY.
Mr. ARMSTRONG offered a resolution, which was adopted, directing the Committee on Courts to inquire into the expediency of abolishing the Common Pleas Courts and creating County Courts in lieu, with powers suggested and set forth in the said resolution.
page: 112[View Page 112]FOREST TIMBER.
Mr. HARNEY offered a resolution that the Committee on Agriculture inquire into the expediency of reporting a bill to arrest the destruction of forest trees, and to encourage their protection and culture. He insisted that we should put off the time as far as possible when timber should become scarce in Indiana. This almost indispensable article is fast disappearing. It is a mistake that men have the absolute right to utterly impoverish their land by destroying all the timber growing on it. He wanted a careful examination of the subject and an early report.
Mr. BOONE would prefer that some plans were proposed to accomplish the purposes desired by the author of the resolution. Many causes of the utter loss and destruction of timber in this country are beyond the power of law to remedy.
Mr. DITTEMORE thought the resolution would amount to but little without suggestions accompanying it.
The resolution was adopted.
SINKING FUND.
Mr. DWIGGINS offered a resolution requesting the Auditor of State to publish two hundred copies of advance sheets of his report in relation to the sinking fund. He said he had been informed by the Auditor that there was from $150,000 to $175,000 in the treasury which really belonged to the school fund, and which is lying idle.
It was adopted.
THE SUPREME COURT.
Mr. BOONE offered a resolution, which was adopted, that the Clerk of the Supreme Court report the number of causes on docket on the first day of January, 1871, and the number of cases docketed to date; also the number of cases disposed of.
OHIO RIVER IMPROVEMENT.
Mr. GREGG offered a joint resolution [S. 1] in regard to the improvement of the Ohio river and its tributaries: That whereas the Ohio river traverses the southern border of this State for some 600 miles, and low water and other obstructions render the stream unnavigable for a large portion of the year; therefore our representatives in Congress are requested to favor the improvement of said river and its tributaries by Federal authorities.
Mr. WILLIAMS moved to amend by including the Wabash river.
Mr. GREGG accepted the amendment.
The joint resolution, as amended, was adopted by yeas, 43; nays, 0.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally passed to the second reading, except the cases cited.
By Mr. HOUGH, a bill [S. 82] for an act to amend section 9 of the act of May 20, 1852, to provide for the election of electors for President and Vice-President of the United States.
On his further motion the constitutional restriction was dispensed withby yeas 41; nays, 0; and the bill was read the second time and ordered engrossed for the third reading. [The bill is made to conform with the present law of Congress on the subject, fixing the first Wednesday in December as the day.]
The PRESIDENT presented an invitation to the members from Senator Morton and lady to attend a reception, to be given to-morrow evening.
On motion of Mr. HOUGH the invitation was accepted.
By Mr. SMITH, a bill [S. 83] for an act defining the offense of libel, making the same a misdemeanor, and prescribing punishment therefor. [It fixes the penalty at a fine not exceeding $1,000, to which may be added imprisonment in the county jail not exceeding two years. The third section reads as follows: "No reporter, editor, or publisher of a newspaper shall be liable to prosecution under this act for a fair and true report of any legislative, judicial or public proceedings, or of any speech or argument in the course of the same except upon proof of actual malice; but this privilege shall not extend to libellous comments or remarks added to such report."]
By Mr. STROUD, a bill [S. 84] for an act to protect the citizens of the State of Indiana from empyricism, and to protect the citizens of the State of Indiana.
WORK FOR COMMITTEES.
The following described bills were read by title only, and referred to appropriate committees:
Mr. Sleeth's bill [S. 70], making specific appropriations for the purchase of additional land, the building of a barn and workshops for the Soldiers' Home.
Mr. Carnahan's bill [S. 71] to amend sections 7 and 49 of the decedents estates act of June 15, 1852.
Mr. Thompson's bill [S. 72] to amend the 397th section of the general practice act.
Mr. Beardsley's bill [S. 73] to amend sections 15 and 16 of the Town Incorporation Act of June 11, 1852, and to provided for the election of town Marshals.
Mr. Rhode's bill [S. 74] to legalize the acts and proceedings of Boards of County page: 113[View Page 113]Commissioners in certain cases and declaring an emergency.
Mr. Collett's bill [S. 75] defining the law of verbal slander.
Mr. Collett's bill [S. 76] defining the law and crime of libel, and prescribing punishment therefor.
Mr. Hough's bill [S. 77] to amend section 476 of the General Practice act.
Mr. Boone's bill [S. 78] to amend section 19 of the act of May 29, 1852, fixing the powers and duties of Justices.
Mr. Beeson's bill [S. 79] to amend section 1 of the act authorizing any person erecting a flouring mill on his own land to make a mill race on the land of others.
Mr. Beardsley's bill [S. 80] to amend the fish law.
Mr. Collett's bill [S. 81] to authorize the election of a county engineer and three road commissioners, and the appointment a county examiner.
THANKSGIVING RECESS.
On motion by Mr. DWIGGINS, the order of business was suspended, and the message from the House of Representatives transmitting a concurrent resolution for an adjournment of the General Assembly over Thanksgiving Day, and until the Monday following at two o'clock, p. m., was taken up.
On his further motion, the resolution was amended by inserting the words "Senate and" before the word "House."
On motion by Mr. BROWN, the resolution was referred to a committee of three, to put it in shape agreeing with the constitutional provision.
The PRESIDENT appointed Messrs. Brown, Rosebrugh and Dwiggins as said committee.
On motion, the committee was instructed to report immediately.
HOUSE BILLS.
On motion by Mr. DWIGGINS, bills from the House of Representatives, described as follows, were read the first time and passed to the second reading:
The bill [H. R. 7] providing that Justices shall have original jurisdiction in cases of misdemeanors, in certain cases. [Not exceeding $25.]
The bill [H. R. 27] concerning interests on judgments.
The bill [H. R. 32] to provide for Common Pleas terms in the Fifteenth Judicial District of this State. [The counties of Lake, Porter, Newton, Jasper arnd Starke.]
On motion by Mr. GEEGG, the Senate returned to the order of bills on the second reading.
ROAD ASSESSMENTS.
Mr. Miller's bill [ S. 18 ], repealing the plank and gravel road assessment act, approved May 14, 1869, and the act authorizing the construction of such roads, approved May 11, 1867, was read the second time.
Mr. DWIGGINS referred to the proviso that professes to save vested rights, and desired the bill should not be rushed through without careful consideration of that clause. He thought it best to refer the bill to the Judiciary Committee, and made that motion in order that the clause referred to may be carefully examined.
Mr. GREGG insisted that the bill has already been carefully examined by a committee, and that the bill is one that should be passed without fail at this session of the General Assembly. It was a measure much desired by the people in a large portion of the State, and the sending of this bill back to another committee would but delay the action of the Legislature on this subject.
Mr. O'BRIEN would favor reserving the rights of companies already organized, and thought this Legislature could do no worse thing should it repeal the laws for good roads and for ditching the lands. He favored the motion to refer, simply to get the bill put of the way for a while. He gave notice that he should oppose the passage of the bill on its merits. The acts sought to be repealed enable the collection of a tax to make good roads, from men who would not otherwise contribute a cent, and thought it a good law, which ought to stand.
Mr. DWIGGINS would make no captious opposition to the bill. His motion was not made for the purpose of delay, but that the legal point he referred to should be examined into.
The motion to refer the bill to the Judiciary Committee was agreed to.
THANKSGIVING RECESS.
Mr. BROWN, from the special committee, returned the concurrent resolution of the House on the subject of adjourning over Thanksgiving day, with an amendment striking out the words, "the House," and inserting in lieu thereof the words, "each house of the General Assembly of the State of Indiana."
The report was concurred in.
On motion of Mr. SLEETH the words, "and consenting thereto," were stricken out.
Mr. DAGGY moved to reconsider the vote by which the resolution was amended.
page: 114[View Page 114]On motion by Mr. DITTEMORE, this motion to reconsider was laid on the table.
The concurrent resolution of the House, as amended, was adopted.
U. S. BUILDINGS.
Mr. THOMPSON'S bill [S. 65], granting the consent of the State of Indianc to the United States to purchase ground upon which to erect public buildings, was taken up.
Mr. THOMPSON anticipated action by the city to-night on the subject embraced in that bill, and would prefer it would lay over.
It was so ordered.
The Senate adjourned till to-morrow at ten o'clock a. m.
