AFTERNOON SESSION.
The Senate met at 2 o'clock.
Mr. DITTEMORE moved a call of the Senate.
The roll was called and twenty members answered to their names.
Mr. GOODING moved that the doorkeeper be dispatched for absent members.
Mr. DITTEMORE moved to adjourn. He said, to relieve the minds of Senators from any apprehensions they might have, he was authorized to say that the Democratic members would be here next Monday afternoon; but he thought it would be impossible to secure the attendance of a quorum this afternoon. He therefore insisted on his motion to adjoun.
The motion was rejected.
Mr. DITTEMORE then made an ineffectual motion that Mr. Gooding's motion be laid on the table. Mr. Gooding's motion was agreed to.
page: 283[View Page 283]Mr. DITTEMORE made an ineffectual motion to adjourn.
Mr. SLEETH suggested that if the Democratic members would come in and made a quorum the Senate could then go on and transact routine business involving questions of no political character.
Mr. DITTEMORE said he didn't want it understood that he was here representing a party of factionists. His motions were made simply because there was not a respectable number of members present, and he did not think it would be decorous or proper to do any business with so small a minorty.
Mr. GOODING said it came with a very bad grace from the gentleman on the other side of the House to refer to the vacant seats in the chamber. Having failed in the effort to have the Senate adjourn until Monday, they now sought, in utter disregard of the wishes of the majority of this body, to effect an adjournment by withdrawing themselves. He thought it would look better in the eyes of the people of the State of Indiana if they would come back and occupy their seats until they could get an adjournment in the usual way.
Mr. BIRD said if there had been any concert of action among the members of the party to which he belonged he was not aware of it. For one, he was the last man that would get out of his seat and go out of the House to prevent legislation.
When the roll-call showed thirty-four Senators present and answering to their names--
On motion, further proceedings under the call of the Senate were dispensed with.
RELIEF FROM RAILROAD TAXES.
Mr. SLEETH moved that the rules be suspended and the bill [S. 59] to relieve counties and townships upon which a railroad tax has been levied, under the act of 1869, from collection of the same until anamount of work has been done by the road equal to the amount of taxes levied, be taken up.
The motion was agreed to by yeas. 23, nays, 12.
Mr. CARNAHAN thought the bill was defective in that it did not provide for the return of taxes already collected until the work was done by the railroad. He said in Posey county they had collected more than $100,000, which was tied up in a bank at Mt. Vernon. He favored the passage of some measure of the kind, but believed that there is a house bill on the files, embodying better provisions: would prefer to see the house bill passed, probably with some amendments; and he moved to lay this one on the table. He withdrew the motion for
Mr. BROWN, who explained the difference between the two bills. The bill under consideration simply provides that no levy shall be made to place a lieu upon property until the road shall be permanently located.
Mr. SLEETH said a bill had passed the other House providing for the refunding of taxes in such cases, which in no way interfered with the provisions of this bill, an which should be passed independently.
The yeas and nays being demanded, ordered and taken, Mr. Carnahan's motion was rejected by yeas 13, nays 26.
Mr. GLESSNER moved that the bill be recommitted to the Committee, on the Judiciary, and demanded the yeas and nays.
The motion being made before the chair had finished stating the question, it was ruled out of order.
Mr. BROWN demanded the previous question, which being ordered the bill passed yeas 26, nays 11 as follows :
YEAS--Messrs. Beardsley, Beeson, Bird, Bowman, Brown, Bunyan, Chapman, Collett, Daggy, Dwiggins, Friedley of Scott, Gooding, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Scott, Sleeth, Taylor, Thompson, Wadge and Mr. President--26.
NAYS--Messrs. Armstrong, Carnahan, Cave, Glessner, Gregg, Harney, Sarnighausen, Slater, Smith, Stroud, and Williams--11.
Pending the roll-call--
Mr. CARNAHAN, in explanation said as far as he had examined the bill he was in favor of it, but as the matter now stands he should vote "no."
Mr. HARNEY, when his name was called, said that inasmuch as he had not examined this bill very well [laughter] and not in a condition to give it that critical examination he should, he would vote "no."
Mr. SCOTT, in explanation, thought this bill calculated to relieve what has amounted to a great inconvenience to many counties in this State, and although he didn't like it should vote for it because he thought it more favorable to the people than to the railroads.
Mr. SLATER, when his name was called, said he liked the provisions of this bill, but as he would be found in bad company he would not vote for it.
Mr. THOMPSON, in explanation, said he would vote against anything that will prevent men making promises that they never mean to fulfill, but as there is a provision in this bill that where a tax is levied it shall not be collected until the road is actually located, he would vote "aye."
The vote was then announced as above recorded.
page: 284[View Page 284]So the bill passed the Senate.
VOLUNTARY ASSOCIATIONS.
Mr. THOMPSON moved that the bill [S. 40] be taken up and read the second time.
The motion was agreed to--yeas, 26; nays, 11.
Accordingly the bill [S. 40], to amend section two of the voluntary association act of February 12, 1855, was read the second time.
Mr. THOMPSON moved to dispense with the Constitutional restriction, that the bill may be read the third time now.
The motion was rejected.
CRIMINAL PROCEDURE.
Mr. BROWN moved that the order of business be suspended for the purpose of reading the bill [H. R. 137] the first and second time only, that it may be referred. (The bill provides that in criminal prosecutions the Prosecuting Attorney shall have the open and close of the case.)
The motion was agreed to--yeas, 23; nays, 11.
The bill [H. R. 137] to amend section 103 of the criminal practice act of June 17,1852, was read the second time.
Mr. BROWN said this was a very important measure, which had been largely discussed by the papers, and especially the Democratic papers, and was very dear to the Democratic heart. In order to quiet the nerves of his Democratic brethren he would now move that the rule be suspended and the bill be put upon its passage.
Mr. GLESSNER moved that the motion be laid on the table, and demanded the yeas and nays thereon. The vote stood: Yeas. 14; nays, 22.
So the motion was rejected.
Mr. HARNEY moved to adjourn, and the yeas and nays being demanded, ordered and taken, resulted--yeas, 13; nays, 24.
Mr. BROWN demanded the previous question on the motion to suspend the rule.
Mr. GLESSNER and others demanding the yeas and nays, the vote resulted--yeas, yeas, 23; nays 14.
So the rule was not suspended.
Mr. BROWN moved that the bill be recommitted to the Juciciary Committee.
The motion was agreed to.
Mr. GOODING moved to suspend the order of business in order to permit him to introduce a short bill. The yeas and nays were demanded, and the vote resulted--yeas, 25; nays, 9.
So the motion was agreed to.
Mr. GOODING then introduced a bill [S. 160] to amend the act incorporating the Lawrenceburg Insurance Company, which was read the first time and passed to the second reading.
The order of business being again suspended, on motion by Mr. DWIGGINS by yeas 21, nays 14--taken on the demand by Messrs. Gregg and Glessnerthe bill [S. 49] to amend section 22 of the town incorporation act of June 11, 1852, was read the second time.
Mr. ------ moved that the Senate adjourn.
Messrs. DITTEMORE, CAVE, GREGG and two other Senators demanding the yeas and nays, they were ordered, and being taken, resulted--yeas 16, nays 20.
So the Senate refused to adjourn.
Mr. ARMSTRONG moved to suspend the order, so as to take up the bill [S. 150] to legalize taxes levied by School Trustees without authority. The motion was agreed to; the bill was read by title only, and referred to the appropriate committee.
On motion of Mr. FRIEDLEY, of Scott, the Twenty-ninth Judicial Circuit bill [H. R. 72] was read by title, and referred to the Committee on Organization of Courts.
Mr. GREGG for the Senator from Jefferson (Mr. Francisco), presented a remonstrance from the bar of county against re-establishing the criminal court.
It was referred with the bill.
And then the Senate adjourned till Monday morning, 10 o'clock.
