THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Feb. 4, 1873 - ten o'clock A.M.The Lieutenant Governor took the chair.
Reading of the Journal of yesterday's proceedings was dispensed with.
HOUSE BILLS ON THE SECOND READING
On motion of Mr. Dittemore the Senate proceeded to the consideration of bills from the House of Representatives on the second reading.
The bill [H. R. 200] to authorize County Commissioners to equalize local county bounty to soldiers, was read the second time.
Mr. Boone moved to amend the second section by providing that the provisions of this act shall not apply to any county that has already paid its bounty to soldiers filling the quota of such counties in full, according to the terms prescribed by the Board of County Commissioners.
The amendment was agreed to and the bill passed to the third reading.
The bill [H. R. 2181 to amend section 208 of the Civil Practice act of June 18, 1852,with reference to a change of venue - was read the second time and passed to the third reading.
The bill [H. R. 174] to amend section 82 of the city incorporation act of March 14, 1867, was read the second time.
The bill [H. R. 178] to amend section 1 of an amended act of Dec. 20, 1865, of section 77 of the Criminal Practice act of June 17,1852, was passed to the third reading.
The bill [H. R. 169] to preserve the original mss., journals of the two Houses of the General Assembly, was read the second time.
Mr. Dwiggins, at the request of the Secretary of State, suggested that this bill be amended so as to require the clerks to record the minutes insix or five quire book, and he moved to refer the bill to the Committee on Printing with instructions to inquire into the propriety of so amending the bill.
On motion agreed to.
The bill [H. R. 136] to amend sections 6 and 7 of the civil practice act of June 18, 1852 - with reference to liens - was passed to the third reading.
The bill [H. R. 130] to render uniform the rate of interest on the Common School Fund [8 per centum] of the State of Indiana, was read the second time.
Mr. Dwiggins moved to amend by striking from the emergency clause the words: "as there are no laws now in force."
The motion was agreed to.
Bill passed to the third reading.
The bill [H. R. 118] making the parties competent witnesses in actions brought by executors or administrators, upon contracts assigned to decedent, was passed to the third reading.
The bill [H. R. 138] to amend section 8 of the school house bond act of March 11, 1867concerning an additional special tax - was passed to the second reading.
The bill [H.. R. 188] to amend section 433 of the civil practice act - concerning executions - was passed to the third reading.
PETITIONS AND MEMORIALS.
Mr. Orr presented a petition from some sixty inhabitants of Delaware county, praying for remedy for dams erected across streams of water - which have become dam nuisances because too high to allow water to run over them. It was referred to the appropriate committee.
Mr. Wadge presented a memorial from Owen Eddy, late Deputy Secretary of State, for the indexing of the records of patents for swamp lands. Referred to the Indexing Committee.
Mr. Thompson presented a petition from 400 ladies for the completion of the Women's Reformatory Institution. Referred to the Committee on Reformatory Institutions.
REPORTS FROM COMMITTEES.
Mr. Taylor, from the Committee on Education, to which was referred the portion of Governor Baker's message with reference to memoralizing Congress to extend the time for the completion of agricultural colleges, reported that a bill in Congress obviates the necessity for such a step on the part of this Legislature.
Mr. Fuller, from the Committee on Education, returned Mr. Armstrong's bill [S. 190] to legalize irregular proceedings of Boards of Equalization iu cities, with a favorable report thereon.
Mr. Armstrong explained that this bill applied probably only to the city of Kokomo
page: 120[View Page 120]Report concurred in.
Mr. Scott, Chairman of the Committee on Education, returned the bill [H. R. 155] providing for a Board of School Commissioners in cities of 8,000 inhabitants and over, with a favorable report.
Mr. Fuller presented a minority report recommending that this bill be laid on the table, believing that politics and sectarianism should find no avenues to creep into our public schools
.Mr. Gooding was inclined to favor the minority report, believing that school commissioners would be better selected by the Council of cities than by ward meetings, where sectarian influences were more likely to obtain.
Mr. Sarnighausen endorsed these remarks, and favored concurrence in the minority report.
Mr. Scott objected to the argument for taking away elections from the people. Such a course is going beyond what experience in this country has taught us. If a matter can not be left to the people, he desired to know why. He moved that this subject be made a special order for Thursday, at half-past ten o'clock A. M.
Mr. Orr thought the nearer we kept to the people, the safer we are.
Motion for special order was agreed to.
PURDUE UNIVERSITY.
Mr. Taylor, from the Committee on Education, referred the bill [S. 170] making an appropriation of $100,000 to Purdue University, with an amendment reducing the amount to $60,000, owing to the depleted state of the treasury of the State of Indiana.
Mr. Fuller, from the minority of said committee, reported in favor of laying the bill on the table.He moved that this subject be made the special order for two o'clock Thursday afternoon.
Rejected upon a division - affirmative 14, negative 14.
Mr. Glessner moved to lay the minority report on the table.
Motion agreed to.
Mr. Bunyan moved to amend the report by striking out $60,000 and insert $50,000 in lieu.
Mr. Glessner understood there is no use of making any appropriation under $60,000.Mr. Taylor recurred to the provisions of the act of Congress making donations in aid of the establishment of Agricultural Colleges, and stated that the offers of Mr. Purdue and of the citizens of Tippecanoe county to secure the location of the Indiana Agricultural College in his county, have been complied with to the letter; and that it will take at least $60,000 to put that institution in the condition required by the act of Congress - the time mentioned in said act expiring in July of next year. This is the first aid asked of the State of Indiana, and will probably be the last.
Mr. Scott commended the action of the Trustees in making a purchase of land adjoining the grounds donated by Mr. Purdue thus early in the history of the University. He submitted it as a question for the consideration of the Senate now whether this institution should be helped to money needed or whether it shall fail for want of necessary means.
Mr. Dwiggins regarded this as a question simply whether this State will have an Agricultural College or not. He said the State is realizing now about $32,800 as interest on the money obtained through the general government; and asked if it was shrewd financiering to refuse to take $32,800 annual interest when we can get it for an appropriation of $60,000.
Mr. Steele stood ready to vote this $60,000 and even $100,000, for he regarded a college of this kind a necessity. The general government has furnished an endowment fund of over $300,000, and some $200,000 more has been furnished by individuals and by the county of Tippecanoe; now do we want an Agricultural College in Indiana? If so, is it probable that we shall ever get one on better terms than is offered at present?
Mr. Dittemore objected to such a large appropriation, but gave way to a motion for a recess till two o'clock.
AFTERNOON SESSION.
On motion of Mr. Wadge the order of business was suspended to enable him to offer a joint resolution [S. 10] directing the Attorney General to repair immediately to Chicago and file an injunction in the United States Court against the rebuilding of the Calumet dam, at Blue Island.
Mr. Glessner moved to amend by striking out the instructions, and charging the party going to Chicago to take such steps as are necessary to prevent the reconstruction of the dam.
Mr. Wadge accepted the amendment. The resolution, as amended, was adopted.
PURDUE UNIVERSITY.
The Senate then returned to the consideration of the matter pending at the time of the recess for dinnerbeing the reports from the Committee on Education on Mr. Taylor's bill [S. 170] making an appropriation to the Purdue University.
Mr. Dittemore resumed his remarks in opposition to the appropriation proposed in the bill.
Mr. Boone, Mr. Carnahan, Mr. Brown, Mr. Taylor and Mr. Steele spoke in favor of the proposed appropriation, and Mr. Fuller against it.
Mr. Gooding demanded the previous question.
The demand was seconded by the Senate.
The amendment [Mr. Bunyan's] was rejected by yeas, 15; nays, 27.
The majority report in favor of appropriating $60,000 was then concurred in by yeas, 28; nays, 14.
On motion, the bill was read the second time.
Mr. Slater moved to amend by inserting a section appropriating $10,000 to the trustees of Franklin College as an endowment fund.
Mr. Brown moved to lay the amendment on the table. Agreed to.
Mr. Dittemore moved to amend by strking out "60,000" and inserting "55,000" in lieu.
On motion bv Mr. Taylor it was laid on the table.
Mr. Taylor demanded the previous question, the Senate seconded the demand, and, under the operations thereof, the bill was ordered to be engrossed for the third reading.
TAXATION OF BANKS.
Mr. Friedley, of Lawrence, moved for a suspension of the rules, that Mr. Gregg's bill [S. 4], providing for the taxation of National banks for municipal purposes, might be considered. Motion agreed to.
The bill [S. 4] was then read the third time, and passed the Senate by yeas 36, nays 3.
The bill as it passed the Senate provides 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 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 64th section of the act of December 21, 1872. 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 page: 121[View Page 121] taxes and charge the amount agains 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.
On motion of Mr. Steele, the joint resolution [H. R. 15] with reference to the agreement between the States of Ohio and Indiana, with reference to the Wabash and Erie canal, was taken up and passed by yeas 39, nays 0, with a clerical correction in the preamble.
On motion by Mr. Harney, the joint resolution was ordered spread upon the journal.
THE INDIAN TRIBES.
On motion of Mr. Steele, the House resolution with reference to the policy of the President of the United States towards the Indian tribes, by placing them under the control of various religious sects, was taken up and read as follows:
Resolved, By the House of Representatives, the Senate concurring therein, that this General Assembly has viewed with pleasure the wise, beneficent and humane policy of the President of the United States towards the different Indian tribes, as is shown by his endeavors to place these wards of the nation under the care of the various religious denominations of the country; and also in his endeavors to confine the tribes to and upon their landed reservations, as well as to protect them from the encroachments of citizens and traders, according to treaty stipulations.
Messrs. Dougherty and Gregg demanded the yeas and nays upon the adoption of this resolution.
Mr. Harney thought it hardly proper for the General Assembly to interfere with the general government in this matter, on which there is a difference of opinion. He thought no good would come of it, and he hoped it would not pass.
The yeas and nays were now ordered, and being taken resulted - yeas 20, nays 21.
So the joint resolution was rejected.
Mr. Dittemore moved to reconsider the vote just taken, and to lay this motion on the table.
Mr. Brown moved to adjourn, and demanded the yeas and nays thereon.
The yeas and nays were ordered, and were being taken. Mr. Brown, when his name was called, desired to explain his vote. Objection being made, he moved for the privilege of explaining his vote, and demanded the yeas and nays thereon. Thereupon the objection was withdrawn.
Mr. Brown then called for the reading of the joint resolution.
It was read, and after a considerable length of time was consumed in humorous proceedings consequent upon Mr. Brown's long-drawn out explanation -
The motion to adjourn was agreed to by yeas 32, nays 15.So the Senate adjourned till ten o'clock, tomorrow morning.
