THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, December 19, 1872.The Senate met pursuant to adjournment. Prayer was offered by the Rev. Mr. Asbury, pastor of Ames M. E. Church,
Mr. O'BRIEN moved for the printing of 200 copies of a circular letter to the Clerks of Courts, prepared in pursuance of a resolution of the Senate, asking for information to aid the Committee on Organization of Courts to properly prepare a bill for the reorganization of the Judiciary of the State.
The motion was agreed to.
MADISON CRIMINAL COURT.
Mr.O'BRIEN also returned the bill [H. R. 72] creating the 29th Judicial Circuit (Jefferson Criminal Court) with a favorable report thereon from the majority of the committee.
Mr GLESSNER presented a minority report, recommending that the bill lie on the table.
Mr. ROSEBRUGH said that he could not vote to re-establish this Court, unless he was satisfied that it was the desire of the people of Jefferson county. He found that petitions had been received remonstrating against it, signed by 1,370 taxpayers of that county, while the petitions in favor of the measure bore but 261 signatures. From this and such other information as he could obtain, he felt constrained to oppose the bill, believing that it was contrary to the wishes of the people of the county.
Mr. STEELE, who was one of the committee, said the majority of the committee became satisfied that a majority of the taxpayers of Jefferson county did desire the establishment of the court and their report was based on this belief.
After some further discussion Mr. GLESSNER moved that the whole matter be indefinitely postponed.
Mr. FRIEDLEY, of Scott, said he was informed by unimpeachable witnesses that a great necessity exist for the re-establishment of this Criminal Circuit in Jefferson county. The criminal cases now occupy a large part of the time of the present courts to the great injury of parties in civil cases.
Mr. BROWN moved to lay the whole subject on the table.
The motion was agreed to.
Mr. ORR, from the Committee on County and Township Business, reported back the bill [H. R. 148] to preventy county, township and city officers from being concerned in contracts with the county, township orcity, or town, with an amendment making the provisions apply also to State officers.
The report was concurred in.
THE THIRD CIRCUIT.
Mr. CAVE, by leave of the Senate, offered a resolution reciting that the bill [H. R. 257] changing Third Judicial Circuit, passed the Senate under a misapprehension of facts, and recalling the same from the Governor. He said the bill was passed without giving him any opportunity to examine it. The result of the bill was to page: 328[View Page 328]leave Pike and Dubois counties out of all Judicial Circuits, out in the cold, in fact.
Mr. WILLIAMS also had no opportunity to examine the bill before its passage.
Mr. GOODING resisted the adoption of the resolution and contended that the bill can do no harm as it is a temporary thing, and as it is proposed to revise the judicial system of the State at the regular session, and there will be no court in the gentleman's county for six months to come.
Mr. CAVE understood the object of this bill to be to legislate Judge Laird out of the district.
Mr. DWIGGINS moved to lay the resolution on the table.
The motion was agreed to--yeas, 22; nays, 18.
THE BURSON CASE.
Mr. O'BRIEN, from the Committee on Claims, to which was referred the claim of Charles W. Stagg for $1,344, for taking shorthand notes on the Burson contested election case last session, reported in favor of allowing him $880.
It was referred to the Committee on Ways and Means, with instructions to incorporate the same in the specific Appropriation bill.
LEGISLATIVE JOURNALS.
Mr. CHAPMAN, by leave, introduced a bill [S, 105] to regulate certain matters of legislative practice in the General Assembly. Providing for the appointment of a committee at each session of the General Assembly to examine and report for correction any errors in the minutes of proceedings in either House of a committee of five from each House, of which the President and Speaker shall be chairmen, for the purpose of examining and correcting the journal when its reading is dispensed with in the House, the committee to report to the House all mistakes discovered.
It was read the first time.
On his motion the Constitutional restriction was dispensed with, and the bill was read by title for the second reading.
On the further motion of Mr. CHAPMAN, the bill was engrossed, read the third time and passed by yeas 35, nays 0.
FEES AND SALARIES.
Mr. RHODES, by leave, from the Committee on Fees and Salaries, returned the bill [S. 25] to repeal the fee and salary act, with a recommendation that it lie on the table.
The report was concurred in.
COUNTY PROPERTY.
Mr. SCOTT, by leave, introduced a bill [S. 166] for an act regulating the sale of county property and the letting and building of county buildings and the sale of county property. [Prohibiting County Commissioners from making any contract for the erection of public buildings or bridges until plans and specifications have been filed with the County Auditor, open to public inspection, nor until bids for such work have been advertised for, when it shall be let to the lowest bidder, who shall be required to give bonds for the faithful performance of his contract. It also provides that County Commissioners shall not sell any public property without first advertising the sale.]
It was read the second time.
He moved for a dispensation of the constitutional restriction that the bill may be pressed to the final reading now.
Objection being made--
Mr. SCOTT urged the adoption of his motion, reciting cases where public property has been frittered away for want of some legal restriction such as is propsed in this bill. He said, as the law now stands the County Commissioners may meet in the morning and sell off all the property of the county before noon at just such prices as they choose, and unless actual fraud is proved, the people have no remedy. They were being robbed and plundered in his county by a ring whose members are growing rich at their expense.
Pending action on the motion, the Senate adjourned until two o'clock.
AFTERNOON SESSION.
The Senate met pursuant to adjournment.
The question pending being on the motion to dispense with the constitutional rule, in order that the bill may be pressed to its final vote in the Senate, it was agreed to.--Yeas, 35; nays, 4.
Accordingly, the bill was read by title for the second reading.
Mr. SMITH moved to amend the bill so as to include public fences and monuments.
It was agreed to.
Mr. DWIGGINS moved to amend the bill so that the provisions of the bill shall not apply to buildings or bridges costing less than $500.
It was agreed to.
Mr. DWIGGINS also offered an amendment providing that the sale or letting of contracts for the building of public works, etc., be advertised for six weeks instead of ninety days.
page: 329[View Page 329]This amendment was also agreed to.
On motion of Mr. SCOTT, the bill was considered as engrossed, read the third time and passed. Yeas 41, nays 0.
SOLDIERS' WIDOWS AND ORPHANS.
Mr. GREGG, by leave, offered a resolution instructing our Senators in Congress to favor the passage of an act allowing widows and orphans of soldiers to acquire public lands as homesteads.
It was adopted. Yeas 43, nays 0.
LEGISLATIVE APPORTIONMENT BILL.
Mr. DWIGGINS moved, that the message from the House just reported informing the Senate of the passage of the bill [S. 146] redistricting the State for Senatorial and Representative purposes, with amendments thereto, be read.
The motion was agreed to by yeas 27, nays 18.
Mr. DWIGGINS moved, that the Senate concur in the House amendments, and upon that motion he demanded the previous question.
Mr. WILLIAMS demanded a call of the Senate.
The PRESIDENT decided that a demand for the call of the Senate is not in order pending a motion for the previous question.
Mr. WILLIAMS desired to appeal from the decision of the chair. The question being "shall the main question be now put?"
It was ordered. Yeas 27, nays 18.
Pending the roll-call--
Mr. HARNEY, in explanation of his vote, when his name was called, declared these proceedings were not fair because this is a great question--a question that will affect the State for several years to come. We ask only to fix the record correctly. All the minority ask and all they have asked is, that this question may be fairly defined and well put so that when this case is appealed to the country the country will not be at a loss to determine the issue. For the reason that this motion cuts off that privilege, I cannot vote for it. Although I am not willing to counsel any factious opposition, the right is accorded to all men that their record may be fixed so that they may appeal to that great tribunal that will settle all questions. And this is certainly right and proper. It is a right which is accorded to the murderer, whose hands are yet reeking with the blood of his victim. I appeal to Senators upon the floor--gentlemen who ask favors and we award them--
Mr. STEELE, (interrupting). I rise to a point of order.
The PRESIDENT. I hope the Senator will confine his remarks to an explanation of the reasons for his vote.
Mr. HARNEY. If I am not doing so it is from a lack of ability on my part, which, I think you will excuse. But I say it is right that the question upon which our appeal is made, shall be stated fair and clear. I hope no gentleman will refuse to allow us that simple right. Gentlemen need not fear the Opposition will assume a revolutionary form. They can, with safety to themselves, accord this simple right. For these reasons I oppose seconding the previous question at this time, because it cuts off all privileges of this kind; therefore, I vote "no."
The vote was then announced as above.
So the Senate seconded the demand for the previous question.
The question being on curcurring in the amendments of the House, they were concurred in--yeas, 27; nays, 18, as follows:
YEAS--Messrs. Beardsley, Beeson, Brown, Bunyan, Chapman, Collett, Daggy, Dwiggins, Friedley, Gooding, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Scott, Sleeth, Steele, Taylor, Thompson, Wadge, Mr. President--27.
NAYS--Messrs. Beggs, Bird, Boone, Bowman, Carnahan, Cave, Francisco, Glessner, Gregg, Harney, Ringo, Rosebrugh, Sarnighansen, Slater, Smith, Stroud, Williams and Winterbotham--18.
Pending the roll call--
Mr. WILLIAMS, when his name was called, in explanation of his vote adduced numerous instances in which, he said, injustice had been done the minority. For instance,the counties of Sullivan and Knox, with a population of 9,254, get no more representation than Lawrence and Munroe, with 6,648--3000 less, or very near it. Clarke and Floyd, with a population of 9,886, have one Senator and two Representatives, while Scott, Jennings and Jefferson with much less population have one Senator and three Representatives.
Mr. DWIGGIGS, (interposing.) Does the Senator take the publication in the Sentinel or the bill ?
Mr. WILLIAMS. I take the bill. It would take all the school masters in the State of Indiana to tell what representation Scott, Jennings, Jefferson, Decatur, Rush, Fayette and Union have got. I defy any Senator on this floor to tell me what representation they have. Yet we are asked to vote for this bill.
There is another objection to this bill. There are the counties of Shelby and Johnson. Shelby is taken from the county of Marion, so kindly, and the county of Morgan is put in its stead. Shelby and Johnson have 9,074 population by the census taken for that purpose, and then there is Parke and Vermillion, and how much do page: 330[View Page 330]you suppose they get with 6,305 population--3,000 less? They get the same representation. Marshall, Fulton, and Pulaski have 9,164, and not very far from that spot is a place called Lake and Porter, with a population of 6,200, which gets the samd representation, with the exception that Marshall has a float with St. Joseph. Allen, Wells and Adams, get three Senators and two Representatives with a population equal to the county of Marion, and what does it get. Who can figure up what it gets? I say it gets eight--three more than the counties of Allen, Adams and Wells. I vote "no."
The vote was then announced as above recorded.
So the bill [S. 146] apportioning the Senators and Representatives among the several counties of the State, was passed the Senate as amended yesterday by the House of Representatives, as follows:
SEC. 2. That the said Senators shall be apportioned among the several counties as follows, to wit:
The counties of Posey and Gibson shall elect 1; Vanderburg, 1; Warwick aud Pike, 1; Spencer and Perry, 1; Sullivan and Knox, 1; Daviess and Greene, 1; Martin, Orange and Dubois, 1; Crawford and Harrison, 1; Floyd and Clark, 1; Washington and Jackson. 1; Lawrence and Monroe, 1; Brown and Bartholomew, 1; Scott, Jennings and Decatur, 1; Jefferson, 1; Switzerland, Ohio and Ripley, 1; Decatur and Rush, 1; Vigo, 1; Owen and Clay, 1; Shelby and Johnson, 1; Putnam and Hendricks, 1; Parke and Vermillion, 1; Fountain and Warren, 1; Tippecanoe, 1; Benton, Mewtou, Jasper and White, 1; Lake and Porter, 1; Laporte 1; St. Joseph and Starke, 1; Marshall, Fulton and Pulaski, 1; Kosciusko and Whitley, 1; Elkhart, 1; Noble and Lagrange, 1: Steuben and DeKalb, 1; Allen, 1; Allen, Adams and Wells, 1; Huntiugton and Wabash, 1; Grant, Blackford and Jay, 1; Miami and Howard, 1; Case and Carrol I, 1; Hamilton and Tipton, 1; Boone and Clinton, 1; Madison and Delaware, 1; Randolph, 1; Wayne, 1; Henry and Hancock, 1; Fayette, Union and Rush, 1; Marion, 2; Marion and Morgan, 1; Dearborn and Franklin, 1; Montgomery, 1.
SECTION 3. That the Representatives shall be apportioned among the several counties of the State in the following manner, to wit:
The county of Posey shall elect 1; Gibson, 1; Vanderburg, 2; Warrick, 1; Pike, 1; Spencer, 1; Perry, 1; Sullivan, 1; Knox, 1; Daviess, 1; Greene, 1; Martin and Dubois, 1; Crawford and Orange, 1; Harrison, 1 ; Floyd, 1; Clark, 1; Washington, 1; Jackson, 1; Lawrence, 1; Monroe, 1; Brown and Bartholomew, 1; Jennings, 1; Scott, Jennings and Jefferson, 1; Jefferson, 1; Ripley, Decatur and Rush, 1; Ripley, 1; Switzerland and Ohio, 1; Decatur, 1; Rush, 1; Vigo, 2; Owen, 1; Clay, 1; Morgan, 1; Johnson, 1; Putnam, 1; Hendricks, 1; Putnam and Hendricks, 1; Parke, 1; Vermillion, 1; Parke and Montgomery, 1; Warren, 1; Fountain, 1; Tippecanoe, 2; Benton and Newton, 1; Jasper and White, 1; Lake, 1; Porter, 1; Laporte, 1; St. Joseph, 1; Marshall and St. Joseph, 1; Kosciusko and Fulton, 1; Fulton, Pulaski and Starke, 1; Kusciusko, 1; Whitley, 1; Elkhart, 1; Noble, 1; Lagrange, 1; Steuben, 1; DeKalb, 1; Allen, 2; Adams and Wells, 1; Huutington, 1; Wabash, 1; Huntington and Wabash, 1; Grant and Blackford, 1; Jay, 1; Miami, 1; Howard, 1; Cass, 1; Carroll, 1; Hamilton, 1; Hamilton and Tipton, 1; Clinton, 1; Boone, 1; Montgomery, 1; Madison, 1; Delaware, 1; Jay and Delaware, 1; Randolph, 1; Wayne, 2; Henry, 1; Hancock, 1; Henry and Madison, 1; Fayette and Union, 1; Marion, 4 ; Marion and Shelby, 1; Shelby, 1; Dearborn, 1; Franklin, 1; Noble and Elkhart, 1; St. Joseph, 1; Miami and Howard, 1.
Mr. NEFF, by leave, reported from the Committee favorably on Claims for the Daily Evening Commercial, furnished last session $30, which was referred to the Committee on Finance for incorporation in the specific appropriation bill.
Mr. WILLIAMS now submitted another appeal from the decision of the chair, signed by himself and Mr. Carnahan, reciting that when Mr. DWIGGINS made a demand for the previous question on concurring in the House amendments to the bill [S. 146], the Senator from Knox demanded a call of the Senate which was decided out of order by the chair. They appeal from this decision of the chair.
The PRESIDENT. The appeal, as I understand it, don't recite the facts. The motion was made by the Senator, from Jasper, (Mr. Dwiggins) as therein recited, and the chair rose for the purpose of stating the question to the Senate as it was the duty of the chair, the Senator from Knox (Mr. Williams) demanded a call of the Senate. The chair decided that out of order as it was the duty of the chair to state the question to the Senate before any other matter was entertained.
Mr. DWIGGINS and Mr. WILLIAMS addressed the chair.
Mr. WILLIAMS. The chair can't deal in that way with me.
Mr. DWIGGINS. I have the floor.
Mr. WILLIAMS. I don't think that the Senator from Jasper (Mr. Dwiggins) has the floor.
The PRESIDENT. I have decided that the Senator from Jasper has the floor.
Mr. WILLIAMS, I demand that the question on the appeal be put.
The PRESIDENT. The Senator from Jasper has the floor. I am not going to put the question on the appeal until it recites the facts.
Mr. WILLIAMS. It does recite the facts and the chair knows it.
The PRESIDENT. The Senator from Knox will take his seat.
Mr. WILLIAMS. The Senator from Knox will not be ruled down in that way.
Mr. DWIGGINS. I want the appeal presented to the Senate when the facts are properly set forth. The facts are these: The clerk of the House reported a message and I moved to take up that message and it was decided in the affirmative. The Secretary read the amendments, and this appeal states that I moved to take up the bill. I didn't make any such motion. I moved to concur in the amendments, and demanded the previous question, and that was concurred in.
page: 331[View Page 331]Mr. ORR. I rise to a point of order. What is before the Senate?
Mr. PRESIDENT. There is a paper sent up, purporting to be an appeal from the decision of the chair.
Mr. WILLIAMS. It contains the facts in the case.
Mr. ORR. I understand that the President wouldn't recognize it.
Mr. DWIGGINS. I desire that the question shall be presented as soon as it is properly brought forward and recites the facts. The Senate will agree that it does not because I--
Mr. WILLIAMS (interposing). I call the Senator to order. The chair has decided not to entertain the appeal. I demand that the appeal shall be put on the journal.
Mr. BROWN. I don't believe there is anything in our rules upon the subject of appeals, but parliamentary law recognizes the right of a member to appeal from a decision of the Chair, and I don't think we ought to criticise the language very closely. If an appeal does not recite the facts that is one reason why it ought not to be sustained. We had better let the appeal go upon the records and take a vote upon it. There is not enough in a matter of this kind to have a serious contention about. I don't think it sets out the facts as it ought to, but I think the Chair should put the question on the appeal to the Senate.
The PRESIDENT. At the request of Senators I will state the question: "Shall the decision of the Chair stand as the judgment of the Senate?"
Mr. WILLIAMS. Will the Chair allow me to read the parliamentary law on the subject. I read from Jefferson's Manual, page 144. [Mr. W. reads.] Now, if Senators can sustain the decision of the Chair in the face of this parliamentary law, they can do it--that's all I have to say about it.
Mr. BROWN. The Senator from Knox (Mr. Williams) is a good parliamentarian and generally correct, but this time he is very far from being correct. The Senator reads from a work on parliamentary law based on the rules of the House of Representatives of the United States. They are not the rules of this body. There is nothing in the rules of this body upon the subject of a call of the House. The general parliamentary law is that when a presiding officer decides a question any two members thinking the decision not right may take an appeal; but the Senator has no right to demand a call of the Senate. The law of parliament never did give one member the right to demand a call of the House. The decision of the Chair was right, and inasmuch as no good is to be accomplished I move that the appeal lie on the table.
The motion was agreed to by yeas ---, nays ---.
CLAIMS.
Mr. NEFF, from the Committee on Claims, returned the claim of T. A. Goodwin for $24 60 for copies of the American furnished last session.
Also, the claim of the Senate Committee on Prisons in making two trips to the Southern Prison last session, allowing each $30 for expenses incurred.
Also, the claim of the Committee on Military Affairs for going to Dayton, Ohio last session, of $30 each.
These claims were referred to the Committee on Finance, with instructions to incorporate the same in the specific appropriation bill.
FEMALE PRISON.
On motion by Mr. BROWN, the bill [H. R. 211] supplemental to the act establishing the Female Reformatory Institution--appropriating $50,000 for finishing and furnishing the buildings, and putting in order the grounds--was read the first time.
Mr. CARNAHAN, from the Committee on Corporations, returned the bill [S. 122] to legalize appropriations made previous to May 12, 1869, in aid of railroads by County Commissioners, recommending its passage.
The report was concurred in.
TWENTY-SECOND COMMON PLEAS COURT.
Mr. ROSEBRUGH. by leave, introduced a bill [S. 167] fixing the times of holding the Court of Common Pleas in Ripley county, which was read the first time.
On his further motion, the constitutional restriction was dispensed with. Yeas 39, nays 3.
The bill was read by tftle for the second reading, by sections the third time, and passed. Yeas 45. nays 0.
COMMITTEE REPORTS.
Mr. BROWN, by leave, returned from the Judiciary Committee the Wayne county county seat bill [H. R. 227] with a recommendation that it go upon the files.
Also that the bill [S. 134] to give the Prosecuting Attorney the opening and close in criminal cases, be laid on the table because a House Bill pending accomplishes the same result.
Also that the bill [S, 161] upon the subject of postponing the collection of rail- page: 332[View Page 332]road taxes, in certain cases, be laid on the table, because the same is covered by other bills now pending.
Also that the bill [S. 180] to revise, simplify and abridge the rules of pleading and practice in civil cases, be passed.
Also that the bill ]H. R. 385] to authorize aid to railroads by counties and townships, be passed.
Also that the bill [H. R. 7] providing that; Justices of the Peace shall have original and exclusive jurisdiction in certain cases of misdemeanors be laid on the table.
The reports were concurred in.
PRACTICE IN CRIMINAL CASES.
Mr. BROWN, from the same Committee, reported back the bill [H. R. 137] to revise, simplify and abridge the rules of practice and pleading in certain casas, with amendments, the majority of the committee recommending that the bill be laid on the table, and the minority that after the adoption of the amendments the bill be passed. The amendments provide that in criminal cases the prosecuting attorney shall have the opening and close of the argument, except that by consent of both parties the argument may be waived. The prosecuting attorney shall disclose in his opening all the points relied on in the case, and if, in the closing, he refer to any new point or fact not disclosed in the opening, the defendant or his counsel shall have the right of replying thereto, which reply shall close the argument in the case. If the prosecuting attorney shall refuse to open the argument, the defendant or his counsel may then argue the case, and that shall be all the argument allowed in the case. At the conclusion of the argument the Court shall charge the jury, which charge, upon the request of either party, made before the commencement of the argument, shall be in writing. If either party desire special instructions to the jury, they shall be reduced to writing and delivered to the Court before the commencement of the argument.
Mr. STEELE moved to lay the whole subject on the table.
The motion was agreed to.
HUNTING AND SHOOTING.
Mr. BROWN, from the Committee on the Judiciary, returned the hunting and shooting--on enclosed lands--bill, with amendments, inserting the words "by the consent of" the owner, prosecutions may be instituted.
It was concurred in.
Mr. BROWN, by direction of the committee, offered a resolution requiring the keeping of the committee rooms on Judiciary railroads and Federal relations during the recess, by the door-keeper.
It was adopted.
ORPHANS' HOME.
On motion of Mr. THOMPSON, the bill [S. 48] changing the name of the Soldiers' Home, at Knightstown, Rush county, so it shall be called the Indiana Soldier's Orphans' Home, and making appropriations for new buildings, was taken up and read the third time.
Mr. THOMPSON, (the Chairman of the Committee on Benevolent Institutions) spoke as follows :
Mr. President: Upon an invitation from the Superintendent and Trustees of the Soldiers' Orphans' Home, situated at Knightstown Springs, a part of your committee on Benevolent Institutions, in company with other members of the Legislature, visited the Home and desire to lay before the Senate the results of their observations. There are two hundred and twenty-five children in this Home. They are from an parts of the State, and are all the children of soldiers who fell while fighting on the battle fields during our late civil war, or died in military prisons or in hospitals of diseases contracted while in the army, or whose fathers, crippled for life are in some of the National Soldiers' Homes. Their ages range from two years of age to fourteen. The children appeared well cared for--being well clad, well fed, and very happy. Those of them, who were old enough, are employed in mechanic shops at very light work, or are in school, certain portions of the day. Young and old exhibitited a commendable ambition in prosecuting the duties assigned them in the school rooms and in the workshops. Among the most noticeable and praiseworthy features of those children, were there excellent order and strict attention to the government of the institution and their very affectionate regard for the Superintendent and their teachers--whom young and old appeared to treat as parents. The whole government of this Home appears to be perfect and executed in a paternal manner that commands our unqualified admiration. These grounds on which the Home is established were a gift to the State by a few generous souls for the purposes of a home for soldiers and their children. The soldiers who were here, who have not died, have been removed to Dayton, to the National Home, leaving only these children to be cared for. The main building is one of the most substantial, convenient and airy buildings in the State, securiug plenty of light and ven- page: 333[View Page 333]tilation in every room. The Trustees take the liveliest interest in the children. Among others, Mr. Hannaman, who devotes much of his attention without recompense to looking after the welfare of these helpless little ones, deserves the gratitude of every friend to humanity.
Mr. HARNEY said that while he was in favor of an institution for the care of soldiers' orphans, he did not believe that the State was a grand eleemosynary institution. The number of soldiers' orphans would be constantly decreasing, and therefore he did not see the necessity of increasing the capacity of the institution. The main feature of the bill is the provision for the care of orphans other than soldiers' orphans at an increased charge of from two to three dollars per week. He thought the County Commissioners could care for the orphans at less than the latter figure, and did not believe the effort to establish a State Orphan Asylum to be sustained by State taxation would succeed. He was in favor of maintaining the institution as it now is, but not of extending its era. He disliked to oppose anything that looked like benevolence, but did not think this a proper time to increase expenses. It is a time for economy and retrenchment. Few of us can afford to increase the expenses of our domestic affairs fifty per cent., as is proposed in this bill to do by this institution. The pictrue the Senator (Mr. Thompson) has drawn is calculated to move our feelings and sympathies, but the money proposed to be appropriated is drawn by taxation from the poor and from all classes of society, and it is our duty to exercise great care in expending it.
Mr. SLEETH said the provisions of the bill were: first, that soldiers' orphans shall be cared for; and second, after this class is provided for, if there is room left, total orphans may be admitted on the application of the commissioners of the county from which they come, provided their expenses are paid, so that no expense will be entailed upon the State thereby. In a few years the orphans of soldiers will have grown up and passed out from the institution. The building will still be left, and the question is whether total orphans in the several counties of the State shall be sent to the county poor house or to this institution, where they will be taught a trade and subjected to better influences and receive better care than they possibly can at a poor house. As no expense will be entailed upon the State by the bill, and as the orphans will undoubtedly be better cared for there than elsewhere, he couldsee no objections to the passage of the bill.
Mr. STEELE inquired the necessity for the increased charge of one dollar per week for the keeping of the children at the Home.
Mr. THOMPSON responded that the expenses of the Home had heretofore been partly borne by private donations.
Mr. NEFF said he did not believe it should be the policy of the people of Indiana to barely keep the souls and bodies of these orphans together. If we call it a Home, let us make it a home, by making a reasonable appropriation for its maintenance.
The bill was passed the third and last reading by yeas 42, nays 2.
The following is a synopsis of the bill [S. 48] to amend an act entitled "An act to establish a home for disabled Indiana soldiers, their orphans and Widows, at Knightstown Springs." Approved, March 11, 1867, and an act supplemental thereto, approved, May, 14, 1869.
Section 1 of said act of March 11, 1867, provides for the admission of disabled Indiana soldiers, and their orphans and widows.
Section 1 of this bill repeals all that part referring to the admission of Soldiers and Widows, and provides for the admission of Orphans only, and changes the name to "Indiana Soldiers' Orphans' Home"
Section 7 of said act of March 11, 1867, defines what class of Soldiers, Orphans and Widows shall be admitted.
Section 2 of this bill repeals all that part of Section 7 relating to the admission of Soldiers and Widows, and provides that orphans of deceased soldiers under twelve years of age, without father or mother, and with mother living, shall be admitted, provided that no one who has the means of support shall be admitted.
Section 3 of this bill provides that when there shall be room in the Home not required for Soldiers Orphans, that other total orphan children shall be admitted upon application of County Commissioners, approved by Board of Trustees of the Home.
Section 2 of Supplemental act, approved May 14, 1869, provides for the payment of $2 00 per week for each inmate and person for current expenses, and how it shall be paid.
Section 4 of this bill provides for the payment of $3 00 per week for each inmate and person for current expenses, payable on the order of the Superintendent, indorsed by the Governor, the Auditor shall draw his warrant on the Treasurer for the amount out of all moneys in the Treasury not otherwise appropriated.
SCHOOL HOUSES.
On motion by Mr. HUBBARD, the bill [S. 15] to authorize cities and towns to negotiate and sell bonds to procitre means to build school houses, to levy taxes, etc., was read the third time, and passed--yeas 49, nays 45.
REPAYMENT OF MONEY.
On motion by Mr. DAGGY, the bill [H. R. 227] providing for the repayment to the. Township Trustees, in trust for the Township, all monies collected for general or special purposes by the County Treasurer, page: 334[View Page 334]except for State and county revenue, etc., was read the third time, and passed, yeas 28, nays 8.
FELONY.
On motion by Mr. ORR, the bill [H. R. 148] making it a felony for any official to be interested in any contract for the erection of any public building, was read the third time. Passed, yeas 34, nays 4.
ADJOURNMENT SINE DIE.
Mr. SMITH offered the following:
WHEREAS, The House of Representatives this day agreed to have divine services in the hall of Representatives, on Sunday, the 22d instant, that day being, under the law, the last day of this Special Session; therefore,
RESOLVED, That the President of the Senate be requested to procure a minister to hold divine service in the Senate on said day, and that the Senate thereafter adjourn sine die.
It was adopted.
RAILROAD AID ACT.
On motion by Mr. BEARDSLEY, the bill [H. R. 235] supplemental to the county and township railroad aid act of May 12, 1869, was read the second time, and under a dispensation of the constitutional restrictions, the third time, and passed by yeas 36, nays 0.
EXPENSES FOR CHANGE OF VENUE.
On motion by Mr. GREGG, the bill [H. R. 139] relating to expenses incurred by one county by change of venue from another, the county from which the change of venue shall be taken to pay all expenses incurred by such county consequent upon such change of venue, was read the second time and laid upon the table.
And then they adjourned till ten o'clock to-morrow morning.
