THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, November 14, 1872.The PRESIDENT [Hon. George W. Friedley] called the Senate to order at two o'clock p. m.
A MESSAGE FROM THE HOUSE,
inviting the Senate to the Hall of the House of Representatives to hear the Governor's message, was received.
On motion of Mr. ORR the message from the House was taken up.
On his further motion the invitation contained therein was accepted.
THE WABASH AND ERIE CANAL.
Mr. BROWN asked and obtained leave to introduce the following:
Resolved by the General Assembly of the State of Indiana, That the following amendment be proposed to the Constitution of Indiana:
No law or resolution shall be passed by the General Assembly of the State of Indiana that shall recognize any liability of the State to pay or redeem any certificate of stock issued in pursuance of an act entitled "An Act to provide for the funded debt of the State of Indiana and for the completion of the Wabash and Erie Canal to Evansville," passed January 19, 1846, and an act supplemental to said act, passed January 29, 1847, which, by the provisions of said act, or either of them, shall be payable exclusively from the proceeds of the canal lands and the toils and revenues of the canal in said acts mentioned, and no such, certificates or stocks shall ever be paid by the State.
Mr. BROWN. This is the same resolution which was passed by both branches of the General Assembly last session. Under a provision of the Constitution of the State it must be passed by some subsequent General Assembly of the State and then ratified by the people of the State at the ballot box. In my judgment, the resolution can be passed as well by a special session as a general or regular session of this existing General Assembly, but inasmuch as there is some doubt upon the subject, I move that the resolution be referred to the Committee on the Judiciary to examine and report upon.
There being no objection it was so ordered.
THE GOVERNOR'S MESSAGE.
Mr. WADGE. In view of the fact that the Governor has indicated two o'clock as the hour in which he will be prepared to deliver his message, I move that the reading of the minutes be dispensed with and that the Senate repair at once to the Hall of the House.
Mr. BROWN. I think we had better read the minutes, because they are very important They refer to the organization of the body, and we should see that there is no mistake in them. They, however, might be passed over to be read tomorrow.
Mr, WADGE. They might be read after we come back from the Hall of the House.
The PRESIDENT. It is moved and seconded that we proceed to the Hall of the House of Representatives to hear such communication as the Governor may see proper to make.
The motion was agreed to, and--
Accordingly Senators left their chamber for the purpose indicated in the motion.
page: 29[View Page 29]When they had returned--
The PRESIDENT directed the reading of the Secretary's journal of yesterday's proceedings.
Mr. FRIEDLEY, of Scott, asked and obtained leave of absence till Monday on account of sickness in his family.
The journal of yesterday was then read, corrected and approved.
THE DRAINAGE LAWS.
Mr. DWIGGINS introduced a bill [S. 1] for an act to repeal an act entitled "An Act to authorize the construction of levees, dykes and drains, and the reclamation of wet and overflowed lands by incorporated companies and repeal all former laws regulating the same subject," which act took effect without executive approval on the 29th day of May, 1869 ; also an act to repeal an act entitled "An Act supplementary to an act entitled 'An Act to authorize and encourage the construction of levees, dykes and drains, and the reclamation of wet and overflowed lands by incorporated companies and to repeal all former laws relating to the same subject,' which act took effect May 22, 1869, and prescribing penalties for violation of the provisions thereof," which last named act was approved on the 23d day of February, 1871.
Mr. DWIGGINS moved that the rules be suspended so that the bill may be read the second time now and referred to the Senators interested, viz: Messrs. Wadge, Hubbard, Winterbotham and himself.
Mr. BROWN. I think we had better not be in a hurry in shoving this bill through. I was in favor of the drainage companies last session, but I am inclined to think i was wrong about it.
Mr. DWIGGINS, The reason I ask for a suspension of the constitutional provision is, that the Senate may adjourn over this afternoon or to-morrow afternoon until Monday, and the Senators referred to will probably remain in the city, when they can consider it, after which the bill can be reported to the Senate and be discussed here.
Mr. HUBBARD. As this matter has been very thoroughly discussed, not only in the Senate last session, but since that time by the public press, of course every member of the Senate understands the in-interests of the northern members in the passage of a repealing act. I do not exaggerate, I think, when I state that in the different counties affected by the work of the Kankakee Draining Company there rre somewhere between 500 and 1,000 different cases pending in the courts. I think, in most instances, these cases will be called for trial during the coming winter. This bill, of course, can have no influence upon any pending litigation, but as the matter is one that excites great interest in the northern section of the State, we feel justified in using every reasonable means to bring this bill to a successful passage, and for this reason I must sustain my friend, the Senator from Jasper [Mr. Dwiggins], in asking that this matter be pushed on now that it may be brought to a successful termination at as early a period in the session as possible.
Mr. BROWN. While I am in favor of the repeal of the law referred to, I am opposed to making a precedent such as is proposed. It seems to me better to have this bill pass along in the way and manner which the constitution has provided. Mr. B. said the course proposed by the Senator from Jasper [Mr. Dwiggins] was unheard of in parliamentary proceedings, he [Mr. B.] was disposed to vote for the bill, but when a Senator came in the second day of the session and introduced a bill to repeal two laws on the statute books under which rights had been acquired, and without permitting it to take the course of fair legislation, sought to place it in the hands of Senators who were at war with the company, he must object. He thought no harm could result by having the bill pass along in the ordinary course of legislation.
Mr. WADGE directed attention to a precedent established in the Senate on the second day of the last session of the General Assembly and reported on page 28 of the BREVIER LEGISLATIVE REPORTS, volume XII, which he read. The bill then introduced was read the second time by consent of the Senate--two-thirds voting in the affirmative--as the Senator from Jasper [Mr. Dwiggins] asks the consent of the Senate to do now. As the Senator from St. Joseph [Mr. Hubbard] has intimated, perhaps not ten Senators on this floor understand the operation of this drainage law. The matter has been discussed on the floor of the Senate and all over the State, but I presume there are few Senators who fully understand it. I do hope the motion of the Senator from Jasper will prevail.
Mr. BROWN. Fair and just legislation means that when a bill goes into the hands of a committee it should be an impartial committeea committee whose judgments are not biased or prejudiced either for or against it.
Mr. DWIGGINS. Of course I expect the Senator [Mr. Brown] to vote for this bill, and I will withdraw that part of my motion requesting the bill to be sent to page: 30[View Page 30]the Senators named, and move only that the Senate suspend the rules so that the bill may be read the second time now by title.
The motion was agreed to by yeas 45, nays 2, and the bill was read the second time by title only.
It goes upon the files and will be referred to the appropriate committee after the standing committees shall be appointed.
BANKS OF DISCOUNT.
Mr. DAUGHERTY, by leave, introduced a bill [S. 2] to authorize and regulate the incorporation of Banks of Discount and Deposit in the State of Indiana, which was read the first time and passed to the second reading.
[The bill provides that any number of persons, not less than five, may form themselves into a corporation as a tank of discount and deposit. It contains, among other provisions, the following: The amount of capital stock shall not be less than $25,000, to be divided into shares of $100 each ; the association shall transact no business other than that necessary for its preliminary organization until at least fifty per cent. of the whole capital stock has been actually paid in, and the certificate of the fact filed in the office of the Secretary of State ; no such association shall issue bills of indebtedness in the form and similitude of bank notes intended to circulate as currency; each director must have at least five shares of stock; at least fifty per cent, of the capital stock must be paid in before commencing business, and the residue shall be paid in within six months thereafter; the capital stock shall be held as personal property; it may be increased by a vote of the shareholders owning two-thirds of its capital, but such increase shall be paid in at the time it is subscribed; ten per cent, of the net profits of the business of the association shall be retained as a surplus fund until it amounts to twenty-five per cent. of the capital stock; dividends may be declared semi-annually, but no portion of the capital stock shall be withdrawn, and if losses have been sustained exceeding its undivided profits, no dividends shall be made while it shall continue its banking operations greater than its net profits then on hand, deducting its losses and bad debts. The association may be closed by the vote of the shareholders owning two-thirds of the stock. After such vote no dividends shall be made to stockholders nor any capital withdrawn or paid to the stockholders until all the debts and liabilities of the association are fully paid. The stockholders shall be individually responsible for the contracts and engagements of the association. The act to take effect from and after its passage.]
BLUE ISLAND (ILL.) DAM.
Mr. WADGE, by consent, offered the following resolution:
WHEREAS, Some years ago the Canal Commissioners of the State of Illinois erected a dam at Blue Island, in that State, whereby the waters of the Calumet River were dammed up so at to overflow large quantities of valuable lands in the counties of Lake and Porter, in this State ;
And WHEREAS, His Excellency, Governor Baker, by making the proper representations to the authorities of the State of Illinois, succeeded in securing the passage of a joint resolution by the Legislature of that State, at its last session, directing the Canal Commissioners to remove said dam ;
And WHEREAS, Said Canal Commissioners have not complied with the orders of the Legislature contained in said joint resolution, and that the citizens of Lake and Porter Counties are suffering great injury in consequence of said nuisance, therefore be it
RESOLVED, That His Excellency, Governor Baker, be hereby requested to furnish the Senate such information as may be in his possession bearing on the subject, and also give to this body such suggestions as he may deem advisable looking to the relief of the citizens in that portion of the State in the abatement of said nuisance.
The resolution was adopted.
WABASH AND ERIE CANAL.
Mr. GREGG asked and obtained leave to offer the following resolution:
RESOLVED, That the Secretary of State be requested to furnish the Senate a certified copy of Joint Resolution No. 1, passed at the Forty-seventh Regular Session of the General Assembly and entitled "A joint resolution proposing an amendment to the constitution by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal," for the further action of this General Assembly.
It was adopted by consent.
HON. JOHN W. BURSON.
Mr. ORR, by leave, offered the following:
RESOLVED, That this Senate has heard with deep regret the death of Hon. John W. Burson, a member of this Senate from the counties of Delaware and Madison ; that in his death the State has lost an able and incorruptible patriot.
RESOLVED, That as a testimony of respect to the memory of the distinguished Senator this chamber be appropriately draped in mourning for the space of thirty days.
RESOLVED, That a copy of these resolutions be transmitted to the family of the deceased by the Secretary of this Senate.
RESOLVED, That this Senate, as a further mark of respect to the memory of the deceased, when the Senate adjourn it stands adjourned until Monday at two o'clock p. m.
Mr. ORR. I have had the pleasure of an acquaintance with John W. Burson for something like ten or fifteen years, and I have always found him to be a gentleman of the first order, honest and honorable in page: 31[View Page 31]all his dealings. He had a big, kind, generous heart, and no charitable or benevolent institution ever applied to him in vain. He was liberal. No religious society, of whatever denomination it might be, asked him for aid and was refused. He also, sir, loved his country. When our country was involved in that terrible struggle, which has passed, he was always found, in the language of the resolution, an incorruptible patriot. He loved the soldier and was always ready to help him, and he loved the soldier's friend; but, Mr. President, he has gone to his eternal rest, I hope, in heaven.
Mr. DITTEMORE. In moving to adopt these resolutions, I do not like to let the opportunity pass without at least saying a word. My acquaintance with Mr. Burson was of a limited character, but in the short time of our acquaintance I found him to be one of that class of men that belongs to the noblest work of God--a man whose character I consider irreproachable--a man whose generosity was unbounded. His devotion to his country, judging from the history I have of him from his neighbors, was of a character that stamped him as a man of the highest order. As far as I have been informed, his associations with his fellow men were of the first standing, as a kind husband, an indulgent parent, and one of the best citizens of the commonwealth.
The PRESIDENT. Those in favor of the adoption of the resolutions will please say "Aye."
After the affirmative response--
Mr. WILLIAMS said: I understand that these resolutions purport to say that John W. Burson was a Senator in this body. Now, sir, I have some respect for the memory of John W. Burson, but I am not willing to say that John W. Burson was a member of this Senate. The records of the Senate do not show it. If the Senate desire to pass resolutions in memory of John W. Burson as a citizen and a gentleman, I am willing it should pass them, but I am not willing to say that I contradict what was done in the Senate two years ago, and admit now that John W. Burson was a member of this body. Therefore, I offer the following amendment: Strike out the words that refer to him as a member of this body. If that is done I am willing to vote for the resolutions.
The PRESIDENT. I believe the amendment is out of order, as the affirmative vote had been taken at the time the Senator from Knox [Mr. Williams] arose.
Mr. WILLIAMS. Will the chair say that a Senator has not the right to rise and interpose a motion before a vote is announced by the presiding officer?
The PRESIDENT. The chair understands that it is too late after an affirmative vote has been taken, to offer an amendment to the proposition being voted on.
Mr. GLESSNER. I understand the rule to be that at any time before the decision of the chair is announced a motion to amend can be made. The Senator [Mr. Williams] moves to amend, and I understand under the rule his motion is in time.
The PRESIDENT. As many as are of a contrary opinion will say "No." [After the negative response]--The resolutions are adopted.
STATUTES, LAWS, JOURNALS AND BREVIER REPORTS.
Mr. HAWORTH submitted the following:
RESOLVED, That the Doorkeeper be requested to obtain of the State Librarian and lay upon the tables of Senators one copy of the Revised Statutes, one copy of the laws passed by the last General Assembly, one copy each of the Senate and House journals, and one copy of the BREVIER REPORTS.
Mr. BROWN moved to amend by striking out the words "State Librarian," and inserting in lieu thereof the words "Secretary of State."
The amendment was taken by consent.
Mr. NEFF. I offer the following resolution as a substitute for the one just read:
RESOLVED, That the State Librarian furnish each Senator with a copy of Gavin & Hord's Statutes, the Journals, Session Acts and BREVIER LEGISLATIVE REPORTS of the last session, and that members so receiving shall receipt for the same, and at the close of the session shall return such copies of the Statutes, Journals, Session Acts and BREVIER REPORTS and take up his receipt for the same, and in default thereof shall have deducted from his pay in settlement with the State Treasury the value of such books so receipted for at the list prices.
On motion of Mr. DITTEMORE the substitute was laid on the table.
Mr. WILLIAMS moved to insert in lieu of the word "revised" before the word "statutes," the words "Gavin & Hord."
Mr. HAWORTH accepted the amendment.
The resolution, as amended, was adopted, nem con.
PRAYERS.
Mr. ORR submitted the following:
RESOLVED, That the resident clergy of the city of Indianapolis be and are hereby respectfully invited to be present alternately in the Senate Chamber at the beginning of each day's session, and open the deliberations of this bully with prayer, and that the Secretary inform the city clergy of the passage of this resolution.
It was adopted.
page: 32[View Page 32]THE GOVERNOR'S MESSAGE.
Mr. BEESON. I offer the following resolution:
RESOLVED, That the Secretary of the Senate be authorized to have a thousand copies of the Governor's message printed for the use of Senators.
It was adopted by consent.
VOLUNTARY ASSOCIATIONS.
Mr. STEELE asked and obtained leave to introduce a bill [S. 3] for an act to amend section four of an act entitled "An Act concerning the organization and perpetuity of voluntary associations, and repealing an act entitled 'An Act concerning the organization of voluntary associations and repealing former laws in reference thereto,' approved February 12, 1855, and repealing each act repealed by said act, and authorizing gifts or devise by will to be made to any corporation or purpose contemplated by this act," approved February 20, 1867, and declaring an emergency, which bill was read the first time and passed to the second reading.
[The bill provides that upon the filing of such record in the Recorder's office, every such association be deemed a corporation with all the rights and privileges given to corporations, to sue and be sued, to borrow money and secure the paymerst of the same by notes, mortgages, &c., for the purpose of erecting buildings and for other proper objects of such corporation; to take effect from and after its passage.]
BANK STOCK TAXATION.
Mr. GREGG asked and obtained leave to introduce a bill [S 4] for an act to provide for the assessment and collection of taxes for municipal purposes on the shares of capital stock owned or held by any person or body corporate in any bank or banking association chartered or organized under the laws of this State, or chartered or organized under the laws of the United States, including the Bank of the State of Indiana and its several branches, and national banks or banking associations.
[The bill provides that the County Auditor shall, on or before the first day of April in each year, furnish to the Mayor or other proper officer of each town or city in the county in which any bank or banking association may be located, a certified copy of the sworn statement of the President or cashier of such association, made in pursuance of the act passed and approved March 15, 1867. If no such sworn statement is made, the Auditor shall furnish any information he may have in regard to the stockholders of such bank and the number of shares held by each, and the stockholders shall be taxed upon the shares of bank stock held by each for municipal purposes, according to the rate chargeable on other personal property. The President, cashier, or other proper officer may pay such taxes and charge the amount against the stockholders, which may be deducted from any dividend on such stock as may be declared thereon. Taxes assessed upon shares of bank stock shall be a lien on said stock until payment, and shall attach on the first day of each May for which the assessment is made. The value of real estate in which the capital of a bank is invested shall be deducted from the cash value of the shares.]
It was read the first time and passed to the second reading.
NEWSPAPERS.
Mr. BROWN offered a resolution authorizing the Doorkeeper to contract for five copies of the Daily Journal and five copies of the Daily Sentinel, for each Senatorfour copies of each day's paper to be enveloped and stamped.
Mr. SARNIGHAUSEN moved to amend by adding one copy of the Daily Telegraph, and six copies of the Weekly Volksblatt, to be enveloped and stamped.
Mr. BROWN accepted the amendment.
Mr. NEFF moved to further amend by inserting "two" copies of the dailies instead of "five."
On motion of Mr. BROWN the amendment was laid on the table.
Mr. THOMPSON. I am requested to move to amend by adding the Saturday Evening Mirror, a weekly paper published in the interests of the colored population. [Laughter.]
Mr. BROWN. The Senator from Owen desires to me ask if that is a Greeley paper?
Mr. THOMPSON. The wrong paper has been laid on my desk. It is the National Beacon, published in the interests of the colored population of this city and State. I am requested to move that the resolution be amended so as to embrace six copies of this
Mr. BROWN accepted the amendment.
Mr. BEESON submitted the following substitute for the pending resolution:
RESOLVED, That a committee of five be appointed by the President to fix the amount to be allowed each member for paper, stationery, &c.
Mr. BROWN. I see no necessity for this subject being embraced in that resolution; that has reference to stationery more particularly. I think we might as page: 33[View Page 33]well pass this resolution. I suppose we can tell how many newspapers we want as well as a committee.
Mr. BEESON. I have found in my experience here that the paper question is one of the most vexed questions we have to meet. For several terms the whole matter has been referred to a committee, and this resolution includes the amount of stationery as well.
Mr. BROWN. I will withdraw my resolution, and let the whole matter go under the resolution of the Senator [Mr. Beeson].
The substitute [Mr. Beeson's] was adopted.
The PRESIDENT subsequently made this committee to consist of Messrs. Beeson, Brown, Dittemore, Rhodes and Hall.
RAILROAD AID STOCK.
Mr. TAYLOR asked and obtained leave to introduce a bill [S. 5] for an act to require railroad companies to issue stock paid for by taxes voted in aid of the construction of railroads to taxpayers or their assignees, and to issue unclaimed stock for the benefit of the common school fund, which was read the first time and passed to the second reading.
LOCKS FOR DESKS.
Mr. WADGE offered the following:
BE IT RESOLVED, That the State Librarian be instructed to see that secure locks be put on the drawers in the desks of Senators, and that the Doorkeeper be instructed to exercise diligence in preventing articles being extracted therefrom.
It was adopted by consent.
PAY TO EMPLOYES.
Mr. THOMPSON offered the following:
RESOLVED, That J. W. Cookerly be allowed five days' pay and mileage for his services as Doorkeeper in the organization of the Senate, and that the President pro tem. be authorized to draw his warrant on the Auditor of State for that amount, to be paid out of any money hereafter appropriated for legislative purposes.
Mr. DWIGGINS. I move that it be referred to a committee of three, the chairman to be the Senator who introduced the resolution, which committee shall ascertain and report the amount due each of the others who assisted in the organization of the Senate.
This motion was agreed to upon a division of the Senate.
SESSION HOURS.
On motion of Mr. BROWN, so much of the resolution in memory of Hon. John W. Burson as referred to the adjournment of the Senate was reconsidered.
LEAVES OF ABSENCE
were granted till Monday to Messrs. Steele, Winterbotham, Boone, Hough, Armstrong, Francisco and Daggy; and till Tuesday to Messrs. Beggs and Gooding.
And then the Senate adjourned until tomorrow morning at ten o'clock.
