THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, December 17, 1872.The Senate met pursuant to adjourment, President Friedley in the chair. Prayers were offered by the Rev. W. F. Harned, Presiding Elder of the M. E. Church.
Mr. WILLIAMS moved to amend the journal by inserting his motion of yesterday afternoon, when the bill to redistrict the State for Senatorial and Representative purposes was on the third reading.
He claimed that he moved to recommit the legislative apportionment bill to a committee of one from each Congressional District, with instructions to strike out all after the enacting clause and substitute anew bill. The journal did not contain the last clause of the motion, and he moved that it be corrected accordingly.
Mr. BROWN moved as a substitute that the journal be corrected so as to read that Mr. Williams moved to recommit the bill "with instructions," without specifying what the instructions were.
Mr. WILLIAMS moved ineffectually to lay the amendment on the table--yeas 27, nays 12.
Mr. CARNAHAN stated, when his name was called, that he knew Mr. Williams' statement to be perfectly correct.
Mr. ORR also heard the motion to recommit, but had no recollection of the offering of a substitute, and therefore he should vote "no."
Mr. SCOTT also explained his vote. He would like to know what paper accompanied the motion.
Mr. WADGE remembered distinctly the facts as stated by Mr. Williams.
Mr. BROWN offered another substitute, that Mr. Williams moved to recommit with instructions, and stating his reason as President pro tem. for ruling it out of order--the Senate having ordered the main question--acting under the operation of the previous question.
Mr. WILLIAMS insisted on his statement as first sent up, and if voted down it would only be adding insult to injury. He moved to lay the substitute on the table.
This motion was rejected by yeas 29, nays 20.
The substitute was then adopted and the PRESIDENT ordered the journal so corrected.
Mr. GLESSNER moved to further amend the journal by a inserting a statement that on the motion of Mr. Williams to lay Mr. Dwiggins' motion to take up the bill, [S. 46] the yeas and nays being called for, before the Secretary proceeded to call the roll Mr. Glessner asked to be excused from voting, which motion to be excused was by the chair declared out of order; thereupon Mr. Glessner appealed from the decision of the chair, and asked leave to send up his appeal, which was disregarded, and the Secretary directed to proceed with the roll call.
Mr. DWIGGINS made an ineffectual motion to lay this motion on the table--yeas 13; nays, 22.
Mr. GOODING explained his vote by saying his recollection was with the mover.
page: 304[View Page 304]Mr. HAWORTH obtained an exemption from voting.
Mr. O'BRIEN'S recollection was not in accord with the proposed amendment.
Mr. ORR recollected the motion as stated.
Mr. SLEETH thought the statement partly correct and partly incorrect.
Mr. BROWN offered a substitute, reciting that pending a motion by Mr. Williams to lay Mr. Dwiggins' motion to take up the bill [S. 146] on the table, and to consider it engrossed and read the third time and put upon its passage, and that the presiding officer had directed the Secretary to proceed with the roll call, when Senator Glessner exclaimed that he desired to be excused from voting, but Senator Glessner was not recognized by the Chair, saying such a motion was out of order, when Senator Glessner exclaimed he would appeal from the decision of the chair, and Senator Glessner did not put his appeal in writing.
Mr. BROWN supported his motion by reference to past experience in such resorts to legislative trickery, as was attempted by the Senator from Shelby (Mr. Glessner.) He said he thought he could see through the efforts of the gentlemen to secure these amendments to the journal. It had been given out on the floor of the Senate that this bill would be taken before the courts, and the gentlemen were now trying to manufacture evidence to be used before the courts. He called attention to the fact that Mr. Glessner's amendment did not recite Mr. Dwiggin's motion correctly, and said a deliberate effort was being made to garble the records.
Mr. DWIGGINS said that Mr. Glessner's request to be excused and his appeal were not made until the Secretary had commenced to call the roll, and he was clearly out of order. This being the case, he did not see why the journal should be cumbered with the record of these proceedings.
Mr. STEELE made the point that a request from the Senator from Shelby to be excused from voting was not in order until his name was called.
Mr. BEESON moved to lay the whole subject on the table.
Mr. GLESSNER appealed in vain to the Senator to withdraw the motion, and give him an opportunity of replying to the three Senators who had spoken against his amendment.
The motion to lay on the table was agreed to by yeas 26 to nays 19.
The PRESIDENT said if there are no other corrections of the journal it will stand approved.
CALUMET DAM.
He also laid before the Senate a communication from the Attorney General, transmitting a statement concerning the present condition of the Calumet dam at Blue Island, in the State of Illinois.
Mr. DWIGGINS moved that reading of this somewhat lengthy communication be dispensed with and that it be referred to a select committee of three.
The motion was agreed to.
The PRESIDENT subsequently made this committee to consist of Messrs. Wadge, Hubbard and Winterbotham.
On motion by Mr. HAWORTH the order of business was dispensed with, and the Senate agreed to consider the court bill [H. R. 172.]
And then came the recess.
AFTERNOON SESSION.
The Senate met at 2 o'clock.
COURT BILLS.
The bill pending at the time of the recess [H. R. 172] to fix the time of the Common Pleas Courts in the Sixth Judicial District, affecting the counties of Franklin, Union, Fayette, Wayne, was read the first time.
On motion of Mr. GOODING the bill [R. H. 257] to amend section 3 of the act districting the State for judicial circuits, approved June 17, 1852, so that Knowx, Daviess, Martin, Gibson, Vanderburg and Posey shall constitute the Third Judicial Circuit, was read the first time.
He moved for a dispensation of the Constitutional restriction, that the bill may be pressed to its final passage now.
The motion was agreed to by yeas 35, nays 0.
It was read the second time and passed by yeas 40, nays 1.
On motion of Mr. GOODING, the bill [H. R. 258] to amend the first section of an act to create the Fifteenth Judicial Circuit out of the counties of Warrick, Spencer, Perry, Crawford, Dubois and Pike, was read the first time.
Mr. GOODING moved to further suspend the rules that the bill may be pushed to its final reading.
This motion was laid on the table.
TAX ASSESSMENTS.
Mr. STEELE, from the Committee on Finance, returned the bill [H. R. 163] to provide for a uniform assessment of property, and for the collection and return of taxes thereon, which took its place on the files after the report was concurred in.
page: 305[View Page 305]PETITIONS.
Mr. BROWN presented petitions from citizens of Shelby county, praying against the passage of a bill before this General Assembly legalizing certain assessment acts of gravel road companies, which were referred to the Committee on Corporations.
Mr. STEELE moded to suspend the order of business that the bill [H. R. 163] for the assessment and collection of taxes, just returned from the Finance Committee, may be read the third time and put on its passage.
JUDGES' SALARIES.
Mr. GLESSNER called up the special order for the hour, being the bill to fix the salaries of Judges of the courts of the State.
A motion to make the bill the special order for Friday at two o'clock was agreed to.
TAX ASSESSMENTS.
The Senate then returned to the consideration of the bill [H. R. 163] to provide for the valuation of real and personal property for taxation.
Mr. NEFF moved to amend so as to provide that the shares of capital stock of banks shall be taxed at its cash value.
Mr. STEELE said the amendment was unnecessary, as the bill provides that all personal property shall be taxed at its fair, cash value.
Mr. NEFFsaid if the word "fair" was struck out he would be satisfied.
Mr. BROWN proposed to strike out the word "fair."
Mr. SLEETH said the section to which the amendment of Mr. Neff applied simply provided that the shares of bank stock shoudl be taxed at the same rate as other personal property, and no more.
Mr. NEFF withdrew his amendment.
On motion of Mr. DWIGGINS, the bill was read the third time and passed by yeas 36, nays 7.
Pending the roll call--
Mr. GREGG, in explanation of his vote, said he could not support the bill. First, because he did not understand it. More than that, he did not believe the operation of the bill upon National Banks would be salutary, and thought the effect of the bill would be to raise the value of real estate. Still further, he did not believe in the establishment of a State Board of Equalization as provided for by the bill. He stated that National Banks cannot escape taxation if the county auditor does his duty, under the present laws, and he was surprised to hear that only one bank in the city of Indianapolis was paying taxes on its capital stock.
This bill should have the consideration that belongs to a subject of so much importance. The Legislature of Illinois were more than three weeks considering a bill of this kind. He apprehended some danger under this bill--that it will operate so as to put bank stock on the tax duplicate at a lower rate than under the present law. He would not vote that the taxes of the farmer be increased by shipping the burden of taxation from personal property and molded capital, and throwing more on real estate or upon commerce. Admitting that there wrere some valuable provisions in the bill, he could not consent to vote for it with these objections to it.
Mr. HARNEY, when his name was called, said this bill had one merit, at least, that it was consistent throughout; it created a system founded on the new order of things. The taxes were to be levied equally on all property at its fair valuation on a voluntary sale. Under the old law, the valuation was made at what the property would bring on a forced sale. The new system was certainiy the better. The bill also provides that the assessment shall be made on the 1st of April instead of January, so that the farmer would be relieved of taxes on the products consumed during the winter and early spring. He thought the bill was a decided improvement on the old system, and although it might not be perfect, it was worth passing, and could be perfected hereafter. He thought the plan would work well, and the only way to test it is to put it in operation. No doubt provisions will be found in it that will not prove effective. Human wisdom cannot make a bill perfect. Because it is a system is a good reason for trying this bill now. Human wisdom could hardly enact a worse system than we have lived under for some time past.
Mr. NEFF, in explanation of his vote, said: I confess in the vote I shall give I am not satisfied that it will be right. I was not aware till this afternoon that copies had been laid on the desks of Senators or I certainly should have improved the opportunity of acquainting myself with the provisions of the bill. I have but little doubt from the glance I have given it since it came up but that there are some good provisions in it, but there are other provisions I have doubts about the propriety of adopting. Having conversed with Governor Baker and some Senators who have examined the bill, I shall vote "aye," believing it is right, and if it should prove to be wrong we can remedy the evils during the next session. page: 306[View Page 306]We can examine the bill between this and the next session, and perfect it by a supplemental bill. I vote "aye."
Mr. ORR, when his name was called, in explanation of his vote, said this bill is a complicated bill. Not being able to examine it as I should like to, but having confidence in the statements of Senators who have examined it, under the circumstances I shall vote "aye."
Mr. SLEETH, in explaining his vote, said: There is one provision in this bill I believe will be stricken down by the courts. That is the clause authorizing corporations to tax the National Banks and the branches of the Bank of the State of Indiana. If that clause can be enforced, I am in favor of it. Notwithstanding I believe the bill is imperfect I shall vote "aye."
Mr. GLESSNER, when the roll call was completed, said: Having learned that there is a provision in the bill fixing the valuation of real estate the same as personal property, and believing that would be unfair to the agricultural portion of the community, I was induced to vote against the bill; but learning of another provision in it of as much importance as that, which I favor, I desire to change my vote, and vote "aye."
The result was then announced as above.
So the bill was finally passed.
TOWNSHIP TRUSTEES.
On motion by Mr, DAGGY, the bill [H. R. 227] providing for the payment to township trustees of all moneys collected for specific purposes, except such as may be collected for State and county revenue, was read the first time.
And then the Senate adjourned till to-morrow at 10 o'clock.
