THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, November 19, 1872.The Senate met at ten o'clock, a. m., pursuant to adjournment, President Friedley in the chair.
The Secretary's journal of yesterday's proceedings was read, corrected and approved.
On motion of Mr. WILLIAMS the vote by which bill [S. 8] was referred to the Committee on Organization of Courts was reconsidered, and the bill was referred to a special committee consisting of Messrs. Dwiggins, Miller and Smith.
COMMITTEE CLERKS.
Mr. ORR offered a resolution directing the doorkeeper to provide suitable rooms for the use of the committees of the Senate, and authorizing each committee to employ a clerk when in the judgment of such committee one is required.
Mr. WILLIAMS moved to amend by making the employment of clerks rest in the discretion of the Senate instead of the committee.
Mr. ORR moved to lay the amendment on the table, but the Chair ruled that that would carry the resolution with it, and the motion was withdrawn.
Mr. DITTEMORE moved to lay the resolution on the table.
The motion was agreed to by yeas, 26; nays 18.
A message was received from the House of Representatives announcing that it had adopted joint rules for conducting busienss, and appointed joint standing committees on the part of the House.
RESOLUTIONS.
Mr. WADGE offered a resolution extending an invitation to Vice President Colfax to a seat on the floor of the Senate during his adjourn in this city, and to appoint a committee of three to inform him of the action of the Senate.
The resolution was adopted by consent, and the PRESIDENT appointed Messrs. Wadge, Thompson and Daugherty as such committee.
Mr. DAUGHERTY offered a resolution requesting the Auditor of State to lay before the Senate as soon as practicable, in the form of advance sheets, so much of his annual report as relates to the subject of State printing.
It was adopted.
Mr. DITTEMORE offered a resolution that the President appoint a committee of three on mileage and accounts of members of the Senate.
It was adopted, and the Chair appointed Messrs. Dittemore, Chapman and O'Brien as such committee.
On motion of Mr. BROWN the Committee on the Judiciary was authorized to employ a clerk and janitor.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time and severally passed to the second reading, unless otherwise stated, as follows:
page: 57[View Page 57]By Mr. O'BRIEN, [S. 25] to repeal an act to regulate the fees and salaries and prescribe the duties of certain officers, approved February 21, 1871, and revive the acts and parts of acts repealed thereby [To revive the old fee and salary act.]
By Mr. NEFF, [S. 26] to amend section eighteen of the act of May 14, 1852, relating to descents and apportionment of real estate, so as to provide that any widow possessed of real estate by a previous marriage, who may marry a subsequent time, may, with the assent of her husband, alienate said real estate, and the proceeds therefrom shall be her separate property, to be reinvested or loaned out in her own name, with the right to sue for and collect the same without joining her husband in the suit, and if she shall die during her marriage, the property shall go to the children by the marriage in virtue of which such real estate came to her, if any there be.
By Mr. GLESSNER, [S. 27] a bill for an &ct to legalize certain acts of corporations, organized under the plank and gravel road law of May 12, 1852, and acts supplemental thereto. To authorize boards of directors of plank, macadamized or gravel road companies to amend the articles of association by inserting the amount of capital stock or any other material requirements inadvertently omitted, this provision to apply only to associations that had completed their roads prior to January 1, 1871.
By Mr. ORR, [S. 28] a bill for an act to amend section one of the act providing for the completion of any business of a regular session of the General Assembly by the succeeding special session. To authorize the unfinished business of any regular or special session of the General Assembly to be disposed of at the next succeeding regular or special session, as it might have been if originating therein.
On motion by Mr. ORR, the Constitutional restriction was suspended--yeas 39; nays 1; the bill was read by the title only and referred to the appropriate committee
By Mr. THOMPSON a bill [S. 29] for an act to provide for the enlargement of the State House grounds by vacating Market street and the alley north of Market street, between Tennessee and Mississippi streets in the city of Indianapolis, and for acquiring the property on the corner of the alley and Tennessee street, not already owned by the State; as a site for a new State House. Providing for the purchase or condemnation of the ground bounded by Ohio, Tennessee, the first alley north of Market and Mississippi streets, with a view to connect the ground now owned by the State to obtain a suitable site for a new State House. Also, providing that when the State has acquired the title thereof, the Attorney General shall take measures to procure the vacation by the Common Council, of Indianapolis of that part of Market street and of said alley situated between Tennessee and Mississippi streets.
It was read the first time and on Mr. THOMPSON'S motion one hundred copies ordered to be printed.
By Mr. O'BRIEN [S. 30] to reorganize the Supreme Court and divide the State into five districts. It provides that the Supreme Court shall consist of five Judges, whose salary shall be $5,000 each per annum, and that the Judicial districts shall consist of the following counties:
First--Wabash, Huntington, Allen, Whitley, DeKalb, Noble, Lagrange, Steuben, Kosciusko, Elkhart, Fulton, Marshall, St. Joseph, Starke, Laporte, Porter and Lake.
Second--Scott, Jefferson, Switzerland, Ohio, Dearborn, Ripley, Jennings, Floyd, Franklin, Clarke, Fayette, Union, Wayne, Henry, Randolph, Delaware, Jay, Blackford Wells and Adams.
Third--Monroe, Greene, Sullivan, Knox, Daviess, Lawrence, Martin, Gibson, Pike, Dubois, Orange, Washington, Brown, Jackson, Bartholomew, Harrison, Crawford, Perry, Spencer, Warrick, Vanderburg and Posey.
Fourth--Tippecanoe, Benton, Newton, Jasper, White, Pulaski, Carroll, Cass, Clinton, Warren, Fountain, Montgomery, Vermillion, Parke, Putnam, Vigo, Clay and Owen.
Fifth--Rush, Decatur, Shelby, Johnson, Morgan, Hancock, Marion, Hendricks, Boone, Hamilton, Madison, Tipton, Howard, Grant and Miami.
A Judge shall be appointed by the Governor for the Fifth District, who shall hold his office until the next general election.
Mr. O'BRIEN made an ineffectual motion that the Constitutional restriction be dispensed with--yeas 15, nays 30--so that the bill may be read by title and referred to the appropriate Committee.
By Mr. GLESSNER, a bill [S. 31] for an act supplemental to the plank road assessment laws; approved March 11, 1867, and May 14, 1869. To provide that where tracts of land and city lots subject to assessment under the act authorizing the incorporation of plank, macadamized and gravel road companies have been inadvertently omitted by the assessor, the omission may be supplied,and assessments page: 58[View Page 58]heretofore made shall not be considered invalid by reason of such omission.
By Mr. DWIGGINS, [S. 32] to legalize the sale of seminary lands in Jasper county to Marion L. Spitler and Margaret Stackhouse.
By Mr. BEARDSLEY, [S. 33] to amend the act incorporating the Fire and Marine Insurance Company, approved February 13, 1841, changing the name to the "Indiana Insurance Company," etc.
By Mr. HOUGH, a bill [S. 34] to amend sections 90 and 103 of the general practice act of June 17, 1852, in relation to witnesses and pleadings and evidence in court trials. It provides that the following persons shall be competent witnesses: 1. Persons who are competent to testify in civil actions. 2. The party injured. 3. Accomplices, when they consent to testify. 4. The defendant in his own behalf.
The PRESIDENT laid before the Senate a message from the Governor announcing that he had sent to the House the annual report of the Trustees of the Institute for the Education of the Blind.
On motion of Mr. HOUGH 100 copies were ordered printed.
On motion of Mr. THOMPSON, the Committee on Benevolent Institutions was authorized to employ a clerk.
Mr. STEELE introduced a resolution to pay George T. B. Carr $175 for his services as clerk of the Committee on Elections and of the Committee on Claims at the last session.
The resolution provoked considerable discussion, in the course of which it was said that Mr. Carr received $5 a day during the entire session for service on another committee.
The resolution was finally referred to the Committee on Claims.
The Senate adjourned until two o'clock, p. m.
AFTERNOON SESSION.
The Senate met at two o'clock, pursuant to adjournment.
NEW PROPOSITIONS.
Bills for acts were introduced, read the first time, and severally passed to the second reading, to wit:
By Mr. GREGG, a bill [S. 35] to amend sections 17 and 29 of the act of March 14, 1867, incorporating cities so as to confer upon the Mayor all the powers of Justices of the Peace, etc.
Mr. GREGG moved, for the sake of obtaining a construction of a Senate rule, that the regular order of business be suspended, and the bill be read the second time by its title for reference.
After some discussion, the PRESIDENT declared the motion out of order.
By Mr. NEFF, [S. 36] to amend the to bastardy act of May 6, 1852, providing that when any woman who has been delivered of or is pregnant with a bastard child, shall make complaint in writing before the Clerk of the Circuit or Common Pleas Court, charging any person with being the father of such child, the clerk of the court shall cause such person to be arrested, who shall give bond in not less than $300 nor more than $1000 for his appearance. The mother of the child, being of sound mind, shall be a competent witness. The death of the mother shall not abate such suit if the child is living. The mother may file an admission pending judgment of satisfactory provision for the child. The prosecution must be commenced within two years of the birth of the child. The death of the child shall not abate the suit. In case of the death of the putative father the action may proceed against his personal representative.
By Mr. CAVE, a bill [S. 37] for an act to amend section forty-seven of the highway law of June 17, 1852, to provide that viewers and reviewers of highways shall receive two dollars a day for their services.
By Mr. GOODING, a bill [S. 38] supplemental to an act approved February 26, 1865, referring to the sale of the Governor's residence and to provide a residence for the Governor; to approve payments made to the Governor in lieu of a residence, not exceeding $5,000 a year and to appoint the Attorney General as one of the commissioners to sell certain real estate to provide for the residence of the Governor and make him an allowance in lieu thereof, in the place of Calvin Fletcher, deceased.
By Mr. BOONE, [S. 39] to amend an act to authorize the construction of levees, dykes and drains, and the reclamation of wet and overflowed lands, approved May 22, 1869, and repealing the thirteenth section thereof.
By Mr. THOMPSON, a bill [S. 40] for an act to amend section two of the Voluntary Association act of February 12, 1855, To amend the act relating to the organization of volunteer associations, providing that such organizations may be formed for the following purposes: 1. To establish and maintain horticultural, literary or scientific associations. 2. To organize military or fire companies. 3. To provide suitable grounds for public walks and parks, page: 59[View Page 59]and to ornament the same with shade trees and shrubbery. 4. To plant and cultivate shade trees along the streets of towns and cities. 5. To organize Odd Fellow lodges, subordinate to the Grand Lodges, and also Divisions of the Sons of Temperance, or other charitable associations or orders. 6. To erect and maintain suitable buildings for public meetings. 7. To import horses, cattle, sheep, hogs and other animals for agricultural purposes. 8. To erect and maintain public ferries. 9. To organize safe deposit and loan companies.
By Mr. SLATER, a bill [S. 41] for an act to amend section live of the liquor law of March 5, 1859. To require applicants for license to sell spirituous and vinous liquors to pay $50 for a license for one year, the same to be added to the school fund.
By Mr. O'BRIEN, a bill [S. 42] for an act to repeal section 15 of the promissory note law of March 11, 1861, and the real property execution act approved June 4, 1861.
By Mr. BEARDSLEY, a bill [S. 43] for an act to authorize the construction of levees, dykes and drains, and repealing all former laws in conflict therewith.
Mr. GLESSNER offered the following resolution :
WHEREAS, It is evident that the Doorkeeper in executing the order of the Senate directing the Senate chamber to be appropriately draped in memory of the late John W. Burson, deceased, has, in the great profusion of drapery, far exceeded what was contemplated by the Senate, therefore,
RESOLVED, That a committee of three be appointed to determine the amount of drapery that should be used, still leaving sufficient to appropriately carry out the spirit of the resolution authorizing the same and report the result of their deliberations to-morrow.
On motion of Mr. STEELE, the resolution was laid on the table.
ENTRANCE OF VICE-PRESIDENT COLFAX.
The committee appointed to invite Vice-President Colfax to a seat on the floor of the Senate having now arrived with the Vice-President in custody, Mr. WADGE announced the fact and moved a recess of ten minutes.
The motion prevailed, and PRESIDENT FRIEDLEY said:
GENTLEMEN OF THE SENATE: I have the pleasure of presenting to you one of Indiana's most distinguished citizens, the Hon. Schuyler Colfax, Vice-President of the United States.
Mr. Colfax was received with applause and calls for a speech, to which he responded.
Mr. Colfax commenced by referring to his first association with public affairs nearly thirty years ago in this very chamber, as the reporter of the proceedings of the Senate for the Indianapolis Journal in the year 1843. What a change there has been, not only in our country, but in our State, since then! It has been said that the people of every county in this State can now take their breakfast at home and be at their State capital the same day. Then, the journeying was long and tedious, the roads almost impassible in the winter time. When he first came to the Capital it occupied some five days to travel from South Bend. He remembered at that time listening to a speech of the ex-Governor in relation to the future of Indiana, who said that although there were no railroads then in the State of Indiana the time would, come within the lives of some of those who listened to him when the Capital of the State would be like the hub of a wheel, the railroads diverging from it in every direction like the spokes diverging from the hub. The prediction was received with incredulity, but yet to-day it is more than realized.
I need not speak of the history of Indiana. It is one of which all of us may justly be proud. The achievements of her sons on the land and on the sea, in war and in peaceof her people in the development of her grand resourcesall tend to add to the honor and glory of this State, of whose citizenship all of us are so proud. After alluding briefly to the possibilities of the future of Indiana, Mr. Colfax proceeded as follows:
The Senators and Representatives of a great State like ours have a weight of responsibility resting upon them, not only in regard to the political principles which they represent by the votes of their constituents but also in their legislation for the men, women and children, the rising generation who are to govern this State in years to come. To so act that the Legislature shall promote always the public welfare, that it shall rise above all these transient political questions, that it shall endeavor to make our State nobler among her sisters, truer to the right, is the duty of its Legislators. And we have rules laid down, which, if they are followed, we shall not err in regard to the legislation for which we are responsible. You can find them in the Old Testament and in the New Testament. They are written by the finger of inspiration itself. In the very thunders of Sinai, He, who is the ruler of the world, and who spoke to all corning legislators, laid down the law that should govern them: "There shall be but one law," said God to Moses, "for him that is born among you and for the stranger." page: 60[View Page 60]Not only to the Jews who listened to it, but for all legislators in all times and countries this is a safe and wise rule. And there is another touchstone in the remarkable Sermon on the Mount, which was not only for legislators but for individuals the safest and the wisest rule, "Whatsoever ye would that others should do unto you, So ye even so unto them."
Tested by these two touchstones you cannot err. Whatever is in accordance with these principles will be right, and the State that is thus governed will have reason not only to be proud of its history but to be thankful to those who, chosen from its midst, have enacted laws basedupon principles like these. Thus, inspired by such rules as these, your legislation shall stand on the statute book of this State to your honor as well as the honor of the State for which you speak and act and vote, and you may be sure that what ever party may be in the ascendant, however parties may change, or majorities may change, if your legislation is based upon these enduring, immutable principles, the shadow shall not go backward on the dial of human progress that is to mark the future glory of the history of our State. [Great applause.]
The Senate then adjourned until to-morrow at ten o'clock.
