THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, December 5, 1872.The Senate met at ten o'clock a. m., pursuant to adjournment, President Friedley in the chair.
The session was opened with prayer by the Rev. Dr. Day, of the First Baptist Church of this city.
The reading of the Secretary's minutes of Tuesday's proceedings was dispensed with.
PETITIONS.
Mr. O'BRIEN presented a memorial from the trustees and school trustees of the town of Cicero, in reference to legalizing certain school bonds.
It was referred to the Committee on Corporations.
Mr. NEFF presented a petition from one hundred and forty-eight farmers of Randolph county, asking for the passage of a law to prevent hunting or shooting on enclosed grounds without the consent of the owner.
It was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
Mr. ORR presented a petition from the taxpayers of Delaware county, praying that the county and township railroad aid act may be repealed or modified, so that two-thirds of the voters of the county or township might vote affirmatively before the tax can be authorized.
It was referred to the Committee on County and Township Business.
Mr. WADGE presented a petition signed by 1,262 citizens of Lake and Porter counties, asking for the unconditional repeal of the Kankakee draining law.
It was referred to the Committee on Corporations.
Mr. STEELE presented a petition from the citizens of Grant county, asking for the passage of a law to regulate the sale of intoxicating liquors substantially the same as that of Ohio and Illinois.
It was referred to the Committee on Temperance.
Mr. MILLER moved that the order of business be suspended to take up the bill [H. R. 9] to create the Twenty-second Judicial Circuit.
The motion was agreed to and the bill was read by title and referred to the Committee on the Organization of Courts.
Mr. TAYLOR offered a petition from taxpayers of Tippecanoe county praying for the repeal or amendment of the law authorizing counties and townships to extend aid to railroads.
It was referred to the Committee on Corporations.
Mr. WINTERBOTHAM presented a petition from citizens of Laporte county, asking for the repeal of the drainage law.
It was referred to the Committee a Corporations.
Mr. DAGGY presented a petition asking for the passage of laws to regulate the sale of intoxicating liquors.
It was referred to the Committee on Temperance.
Several other petitions were presented on the subject of the drainage law and page: 173[View Page 173]temperance and referred to the appropriate committees.
Mr. DWIGGINS, from the citizens of Jasper.
Mr. SLEETH, from citizens of Decatur county, similar to the one presented by Mr. Taylor.
WABASH AND ERIE CANAL.
Mr. STEELE, from the Committee on Finance, returned the bill [S. 85] to protect the Wabash and Erie Canal and the tolls and revenues thereof from sale or sequestration, with a favorable report.
Mr. BROWN moved that the report lie on the table and the bill be read the second time now.
Mr. HARNEY moved to have the report and bill both laid on the table, as the minority of the committee had not been heard from.
The motion to lay the report on the table was adopted.
Mr. BROWN moved to read the bill the second time now. [It provides for the payment of 191, or thereabouts, of the State bonds or stocks, which have never been surrendered under the Butler bills.]
The motion was agreed to and the bill was read by the Secretary.
Mr. BROWN moved that the bill be made the special order for to-morrow morning at half past ten o'clock.
Mr. GLESSNER moved to amend by making it the special order for next Monday at two o'clock.
Mr. DITTEMORE moved to lay the amendment on the table, which prevailed, yeas 28, nays 18.
Mr. Brown's motion wras then adopted, yeas 34, nays 12.
On motion of Mr. BROWN, the minority of the committee were given leave to present a minority report at the hour for the special order.
REPORTS FROM COMMITTEES.
Mr. HUBBARD, from the Committee on Corporations, reported that the bill [S. 40], by error, purports to amend a bill which has been repealed, and submitted a substitute to amend the act in relation to the establishment of medical schools and the incorporation of loan and trust companies, recommending its passage.
The report was concurred in.
He also returned, with favorable reports from the same committee, the bill authorizing cities to convey their real estate, with the consent of two-thirds of the council. The bill [ S. 35] providing that mayors orcity judges shall have jurisdiction throughout the townships, and the bill [S. 10] amending the city corporation law so that all lands in the city limits shall be subject to taxation.
The reports were concurred in.
Mr. ARMSTRONG, from the same committee, returned the bill [S. 31] supplemental to the plank and gravel road act, with a favorable majority report thereon.
Mr. DWIGGINS submitted a minority report on the same bill, with an unfavorable recommendation.
Mr. GLESSNER moved that the reports lay on the table, and that 150 copies of the bill be printed.
The motion was agreed to by yeas 28, nays 14.
Mr. HUBBARD, from the Committee on Corporations, reported favoring the bill [S. 33] to amend the charter of the Indianapolis Fire and Marine Insurance Company, with an amendment so as to prohibit the company from doing business until $50,000 of its capital stock is paid in, and that the bill, as thus amended, be passed.
The report was concurred in.
Mr. ORR, from the Committee on Roads, returned the bill [S. 81] to authorize the election of a county engineer and three road commissioners, recommending that it lie on the table.
The report was concurred in.
Mr. CAVE, from the same committee, returned the bill [S. 104] to repeal the plank and gravel road assessment acts, with amendments.
The report and bill were laid on the table.
Mr. OLIVER, from the Committee on Public Builings, returned the bill [S. 29] to provide for the enlargement of the State House grounds, with a favorable report.
It was concurred in.
Mr. BEESON, from the Committee on Temperance, returned the bill [S. 14] to amend the liquor law, directing the amount paid for license to be given to the local school fund of the township, instead of the common school fund, recommending that it lie on the table.
The report was concurred in.
Mr. HOUGH, from the Committee on County and Township Business, reported ed back bill No. 24, to amend the act in relation to the supervisors of highways with amendments.
Mr. ORR, from the same committee, reported in favor of the passage of bill No. 74 to legalize the acts of County Commissioners at meetings held on days other than those fixed by law.
These reports were concurred in.
Mr. HOWARD, from the Committee on County and Township Business, returned page: 174[View Page 174]the bill [S. 47] to repeal the fish law, with a recommendation that it be laid on the table.
The report was concurred in.
Mr. SCOTT, from the Committee on Education, reported favoring the bill [S. 89] to provide for the issue of a non-negotiable bond to the school fund for monies borrowed therefrom by the State.
The report was concurred in.
CALUMET DAM.
Mr. WADGE, from the special committee thereon, returned the communication of the Governor in relation to the Calumet Dam, recommending the passage of a concurrent resolution directing the Attorney General to repair at once to Chicago, or wheresoever an injunction has been served by an Illinois Court, and learn the exact grounds on which the injunction was based, and see what prospect exists for the speedy removal of the dam, and report at the earliest opportunity.
It was adopted.
RAILROADS.
Mr. BROWN, from the Committee on Railroads, returned the bill [S. 13] providing that railroad companies shall have their principal office of business in this State, recommending that it lie on the table.
It was concurred in.
SCHOOL FUND.
Mr. DITTEMORE offered a resolution for the appointment of a select committee of three to inquire into the cause of the failure to distribute the school fundsome $560,000, and all circumstances relating thereto.
It was adopted.
The PRESIDENT subsequently appointed Messrs. Dittemore, Daggy and Brown as said committee.
NAMES OF STREETS.
Mr. ORR offered a resolution that the Committee on Corporations examine into the expediency of requiring incorporated towns to post up the names of each street at the crossing thereof.
It was adopted.
OPPRESSIVE TAXATION.
Mr. CHAPMAN offered a resolution authorizing the appointment of a committee of five to inquire what legislation is necessary to protect the citizens from oppressive taxation by cities and towns.
It was adopted.
The PRESIDENT subsequently appointed Messrs. Thompson, Steele, Taylor, Rhodes and Smith as said committee.
RESOLUTIONS.
Mr. BOONE offered a resolution requesting the clerk of the Cass County Court to furnish a complete transcript of all papers and proceedings incident to the cause of John W. Garrett, et al. vs. the trustees of the Wabash and Erie Canal.
Mr. BROWN objected, and said that the transcript could not probably be furnished during the session of the General Assembly, and moved that the resolution be laid on the table.
The motion was agreed to--yeas 25, nays 19.
Mr. DAGGY, Mr. HOUGH and Mr. SARNIGHAUSEN, when their names were called, explained that they voted in the affirmative because the transcript can not be produced in time to be of any benefit.
Mr. RHODES offered a resolution that the original manuscript of the journal the Senate be preserved, in accordance with the recommendation of the Governor.
It was adopted.
Mr. DITTEMORE offered a resolution to allow the members of the Committee on Prisons of the session of 1871 $30 each to reimburse them for expenses incurred in two trips to the Southern Prison.
It was referred to the Committee on Claims.
Mr. BROWN offered a resolution directing the Auditor of State to issue his warrant to A. and W. H. Drapier for the same number of copies of the BREVIER REPORTS of the 47th General Assembly as have been furnished since 1857, at the same price.
On motion of Mr. SCOTT, the resolution was referred to the Committee on Claims.
The Senate then adjourned till two o'clock p.m.
AFTERNOON SESSION.
The Senate met at two o'clock.
The PRESIDENT laid before the Senate a communication from the Auditor of State, embracing advance sheets of his report in relation to the Sinking Fund.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and passed to the second reading, to wit:
By Mr. BOWMAN: a bill [S. 118] for an act to repeal all laws in force establishing courts in the Second Judicial Circuit, and page: 175[View Page 175]fixing times for the holding of courts in said circuit. [It affects the counties of Scott, Jackson, Lawrence, Washington, Harrison, Clark and Orange.]
By Mr. BEESON, a bill [S. 119] for an act to amend the act establishing Courts of Common Pleas, defining their jurisdiction and prescribing the duties of judges thereof. [It proposes concurrent jurisdiction with Justices of the Peace for Courts of Common Pleas.]
By Mr. ARMSTRONG, a bill [S. 120] for an act to protect the ballot box, procure a fair election, prescribe the crime of felony and the punishment thereof. [The bill makes it a misdemeanor for any person to vote at any election in a precinct where he is not by law entitled to vote, for any person to tamper with the ballot boxes, etc.
By Mr. THOMPSON, a bill [S. 121] for an act to amend section 12 of the county and township railroad aid act of May 12, 1869, authorizing counties and townships to grant aid to railroad corporations, so as to provide that such aid may be extended to such corporations upon a vote of two-thirds of the property holders to an amount not exceeding one per cent. upon the taxable value of their property.
By Mr. GLESSNER, a bill [S. 123] for an act to amend section 22 of the the act of June 4, 1852, concerning inclosures, trespassing animals, and partition fences. [The amendment relates to partition fences between farms or lots.]
By Mr. WILLIAMS, a bill [S. 124] for an act to define what shall be the salary of the Governor, and the manner of paying the same, and declaring an emergency. [It provides for an annual salary of $7,000 in full for all services and house rent, to be paid quarterly.]
By Mr. OLIVER, a bill [S. 126] for an act to provide for the finishing of the State building on the corner of Tennessee and Washington streets, by erecting stone platforms in front of said building on each street, in conformity with the original plan.
By Mr. RHODES, a bill [S. 127] in relation to the collection of promisory notes given on contracts for patent rights or territory for patent rights.
By Mr. HUBBARD, a bill [S. 128] for an act relative to the rights and powers of married women. [The property of any female previous to marriage, or such as she may receive by bequest or otherwise afterward shall be hers, to be disposed of in the same manner as though she were not married.]
By Mr. DAGGY (by request), a bill [S. 129] to allow any persons, not less than nine in number, to form insurance companies for the insurance of persons against fire, death, disabilfty or losses on animals, etc., provided that the capital stock shall not be less than $100,000. [The bill provides, in detail, for the organization and conduct for such companies.]
HOUSE BILLS PASSED.
On motion by Mr. ORR the bill [H. R. 21] providing for the completion of unfinished business of any regular or special session of the General Assembly by the next succeeding session of the General Assembly, was read the third time and passed, by yeas, 40; nays, 0.
Mr. BEESON moved to suspeud the order of business and take up the bill [H. R. 98] to make special appropriations for purposes therein mentioned. It makes an appropriation to the State Normal School of $4,011.99; $7,000 for the State Prison, south, to repay borrowed money; and $18,881.62 to pay money borrowed by the House of Refuge, and $3,500 to pay other indebtedness, and $4,000 to meet current expenses of the House of Refuge to the close of the fiscal year, ending April 1, 1873.
The motion was agreed to.
On the further motion of Mr. BEESON the bill was read the third time and passed, yeas 42; nays, 0.
Mr. BEESON moved to take up the bill [H. R. 92] to amend the act to establish a House of Refuge, for the correction and reformation of juvenile offenders. Approved March 8, 1867, and to repeal section 11 of said act, reducing the age of offenders who may be admitted to the House of Refuge from eighteen to sixteen. The motion was agreed to, and the bill was read the first and second time, by title, and on further motion was read the third time.
A message from the House of Representatives announced the passage of the Senate concurrent resolution for printing the report of the Trustees of the Institution for the Blind. Also, the bill [H. R. 70] with reference to county aid for railroads.
The appropriation bill [H. R. 92] then passed the Senate--yeas, 35; nays, 8.
Mr. DWIGGINS offered a resolution declaring that as the advance sheets of the Auditor's report show there was due the school fund from the sale of swamp lands, $63,226.76, and on account of loans $107,106.26, in all $170,330.02, the Committee on Finance be directed to report a bill authorizing the payment of said sum to the school fund, and distributed to the several counties.
page: 176[View Page 176]It was adopted.
GOVERNOR'S SALARY.
On motion by Mr. WILLIAMS the bill [S. 38] supplemental to the Governor's rent act ot February 25, 1865, confirming all sums of money paid to Governor Baker on account of rent, not exceeding $5,000 a year, was read the second time.
On his further motion the bill was read the third time and passed the Senate--yeas, 43; nays, 0.
Mr. WILLIAMS moved that his bill [S. 124] for an allowance of a $7,000 annual salary to the Governor be put upon its passage.
The motion was agreed to.
Accordingly the bill [S. 124] to define what shall be the salary of the Governor, the manner of paying the same, and declaring an emergency, was read the second time.
Mr. THOMPSON said that while the two preceding Governors had received about $8,000 per annum, the bill proposes to give the incoming Governor but $7,000. He bore testimony to the ability and good character of Governor Hendricks, and hoped that the bill would be amended so as to make the salary of the Governor $8,000.
Mr. DITTEMORE proposed an amendment to strike out $7,000 and insert $8,000.
Mr. DWIGGINS moved to amend further so as to provide that the salary shall be $8,000 a year, until an executive mansion shall be furnished by the State, and after that $5,000.
Mr. BEESON favored the amendment of Mr. Dittemore. He said he had been here for several years in association with the Governor, and, farmer as he was, he would not take the office for $8,000 a year.
Mr. HOUGH hoped Mr. Dittemore's amendment would not prevail. He hoped the time would never come when men would seek the Gubernatorial chair for the sake of the emoluments belonging to the office.
Mr. O'BRIEN said that the original bill came from the friends of the Governor elect, and if they were satisfied with $7,000 he didn't see the necessity for increasing it.
Mr. DITTEMORE accepted Mr. Dwiggins' amendment.
Mr. DWIGGINS said he did not offer the amendment as a partisan, but in order to make the salary of the Governor what it ought to be. No man of the ability of Governor Morton, or Governor Baker, or Governor Hendricks, could take the office at $8,000 a year, except at a pecuniary sacrifice.
Mr. THOMPSON has been the physician to every Governor of Indiana since Governor Whitcomb, and knew whereof he spoke when he averred that none of them have made any money out of the emoluments of the office.
On motion by Mr. STEELE, the amendment (Mr. Dwiggins') was laid on the table.
Mr. DITTEMORE renewed his amendment to strike out $7,000 and insert $8,000 in lieu.
The amendment was adopted, yeas 35, nays 9.
On motion by Mr. WILLIAMS, the bill was read the third time and passed, yeas 30, nays 9.
The Senate then adjourned until ten o'clock to-morrow morning.
