THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
FRIDAY, February 7, 1873.President pro tem Friedley announced prayers by the Rev. F. C. Holliday, of the M. E. Church.
The reading of the journal was dispensed with, on motion by Mr. Chapman, amended by Mr. Dittemore so as to except that portion referring to the passage ef the resolution with reference to Gen. Grant's Indian policy. On his further motion that part of the journal was corrected.
PETITIONS AND MEMORIALS.
Mr. Collett presented a petition from a number of citizens of Parke county in favor of a prohibitory liquor law, which was referred to the Committee on Temperance.
Mr. Beeson also presented a temperance petition, which took the same course.
Mr. Bowman presented a petition from attorneys and officers of Washington county, praying for the passage of the bill [S. 238] for redistricting the State for judicial purposes, abolishing the court of common pleas, etc., which was referred to the committee on that subject.
Mr. Daggy presented a petition from laborers, mechanics and business men of Putnam county, protesting against the passage of the hunter's bill, which was referred to the appropriate committee.
REPORTS FROM COMMITTEES.
Mr. Steele, Chairman of the Judiciary Committee, returned the joint resolution [S.19] with reference to an investigation into the alleged losses to the school fund, with a recommendation that it pass.
The report was concurred in.
He also returned from the same committee the bill [S. 250] to further prescribe the duties of Secretary of State, with a similar recommendation.
Mr. Fuller moved to amend the report of the committee by a recommendation that it lie on the table.
The motion was agreed to by yeas, 12; nays, 22.The report as amended was concurred in.
Mr. Daugherty, from the Finance Committee, returned claims of citizens of Delaware county on account of the Burson election case of 1871, with a recommendation that they be referred to the Committee on Claims.
The report was concurred in.
Mr. Steele, from the Judiciary Committee, returned the bill [H. R. 8] prohibiting hunting on enclosed lands without the consent of the owner, with a recommendation that the bill be indefinitely postponed.
Mr. Boone presented a minority report from the same committee recommending amendments to the bill, and when so amended that it do pass.
Mr. Boone explained the amendment. It relates to the amount of fine to be imposed, allowing it to be in any sum not exceeding $50. Also, striking out the section requiring that prosecutions shall be commenced within one year, and striking out the emergency clause.
Mr. Carnahan moved, ineffectually, that the whole subject be indefinitely postponed - yeas 13, nays 22.
Mr. Bird made an ineffectual motion to lay the report of the majority and minority on the table.
The minority report was concurred in.
The majority report, as amended, was also concurred in.
Mr. Daggy, from the Judiciary Committee, returned the bill [H. R. 81] to amend the act providing for the re-location of county seats, with a recommendation that it lie on the table.
Mr. Boone, from the same committee, returned Mr. Glessner's bill [S. 31] supplemental to the plank and gravel road assessment act, with a recommendation that its passage be indefinitely postponed.
He also returned Mr. Gregg's bill [S. 142] providing for taking the sense of voters on calling a Constitutional Convention, with a recommendation that it be indefinitely postponed.
These reports were concurred in.
He also returned from the same committee Mr. Steele's bill [S. 113] to provide for calling a constitutional convention, with a similar recommendation. Tabled.
On motion by Mr. Brown, the report and proposed amendment were laid on the table.
Mr. Fuller, from the Committee on County and Township Business, returned the bill [H. R. 100] page: 138[View Page 138] in relation to streets, alleys, and highways, and the altering of water courses by cities, with a recommendation that it be passed without amendment. He also returned from the Committee on Education the bill [S. 268] to authorize the transfer of soldiers' family relief funds to thecommon school fund, with a favorable recommendation.
Mr. Slater called attention to the fact that the committees report on his bill [S. 41] providing that the fifty dollars tax paid by saloon keepers shall go into the school fund of the township where the license is granted, was left by the Senate without action, a special order interrupting its consideration. Committee reported in favor of laying the bill on the table.
Mr. Brown opposed the bill, believing that this money should go into the general school fund.
Mr. Slater appealed to Senators in behalf of the justice of this bill, and asked if it is not eminently proper that children living where whisky shops are located should be educated in part by the money paid in for license fees. He hoped the report of the committee would be laid on the table.
Mr. Brown moved that the report of the committee be concurred in. The motion was rejected by yeas, 16; nays, 18, as follows:
Ayes - Messrs. Beardsley, Boone, Bowman, Brown, Collett, Daggy, Dwiggins, Haworth, Hough, Hubbard, Neff, O'Brien, Sarnighausen, Steel, Stroud and Williams - 16.
Noes - Messrs. Beeson, Bunyan, Carnahan, Chapman, Daugherty, Dittemore, Fuller, Francisco, Friedley of Lawrence, Gooding, Gregg, Harney, Miller, Oliver, Ringo, Slater, Taylor, and Thompson. - 18.
Pending the roll-call -
Mr. Ringo, when his name was called, in explanation of his vote said: I am opposed to licensing saloons and I want the public to know that; but as long as we are cursed with these things I think the neighborhoods that have to deal with them should have the benefit of the money paid by them for license fees. My county is a mining county and perhaps has as many saloons in it as any county in the State that has no city in it, and also has as many poor people and as many children to school in proportion to the number of its inhabitants. The tax on saloon licenses collected in our county goes into the public school fund while I understand Hendricks county has not a saloon in it, and other counties which are not cursed with saloons share the benefit of the saloon tax collected in my county. I vote "no."
Mr. Gooding in explanation of his vote when his name was called, said: I think the people who have to endure the afflictions of drinking saloons ought to be allowed to retain the money derived from the licensing of such places for the purposes of eradicating the evil. I therefore vote "no."
The vote was then, announced as above recorded.
Mr. Gregg, from the Judiciary Committee returned Mr. Hough's bill [S. 227] providing for empaneling a jury other than the regular panel, with a favorable report.
Mr. Collett, from the Committee on Agriculture, returned the bill [H. R. 277] to aliow bounty for fox scalps, with a recommendation that it pass without amendment.
Mr. Dwiggins, Chairman of the Committee on Banks, returned the report of the Bank of the State of Indiana, with a recommendation that it lie on the table.
Mr. O'Brien, from the Committee on County and Township Business, returned Mr. Cave's bill [S. 47] to repeal the fish act, with a recommendation that it be indefinitely postponed.
Mr. Beeson, from the Committee on Reformatory Institutions, returned the bill [H. R. 332] to authorize the enlargement of the House of Refuge, with a recommendation that it pass without amendment.
Mr. Slater moved that the report be laid on the table.
The yeas and nays were demanded and being ordered and taken resulted - yeas 8, nays 24.
The President pro tem. announced the special committee to which was referred the bill [S. 238] to district the State for judicial purposes and abolish courts of common pleas, viz: Messrs. Glessner, Gooding, Williams, Brown, Gregg, Beeson, Daggy, Dittemore, Rhodes, Hubbard, Armstrong, Bird and Chapman.
Mr. Steele filed a motion to reconsider the vote of yesterday by which Mr. Beardsley's insurance and banking bill [S. 33] to incorporate the Indian Fire and Marine Insurance Company, was passed the Senate.
AFTERNOON SESSION.
President Friedley took the chair at two o'clock P. M.
Mr. Fuller demanded a call of the Senate, which was ordered and taken. But twenty-one Senators answered to their names.
Mr. Dittemore offered the following:
WHEREAS, The Senate has viewed with just pride the incorruptible disposition of the Senator from Johnson in returning railroad passes; and whereas, one of the daily papers of this city has had the audacity to insinuate that said Senator retains a pass over the road passing through the town where he resides; therefore
Resolved, That the Senator from Johnson be allowed to rise and explain either orally or through the press.
The presiding officer declared it out of order, pending a call of the Senate.
At fifteen minutes before ,our o'clock, pnather Senator appearing - on motion by Mr. Brown, further proceedings under the call were dispensed with.
On motion of Mr. Brown the bill [H. R. 361] to fix the time of c6urts in the second judicial circuit was read the first and second time by title only under a dispensation of the constitutional restrictions - yeas, 34; nays, 0.
Mr.Friedley, of Lawrence, moved to refer the bill to a select committee, to consist of Senators from that district, for amendment, as it would not work good in justice to the county of Lawrence, if passed without amendment.
On motion by Mr. Brown, the motion to refer was laid on the table, and the bill was read the third time, his original motion with reference to this bill contemplating bringing this bill to the final vote to-day.
Mr. Friedley, of Lawrence, resisted the passage of the bill, assigning reasons. Lost - yeas 23, nays 11.
Mr. Boone offered a resolution looking to withholding pay from Senators absent after this week, with or without leave of absence, except in cases of sickness.
Mr. Brown moved to strike out the word "with."
On motion by Mr. Williams, this motion was laid on the table.
Mr. Brown said the passage of such a resolution could not prevent a member drawing pay, for the law fixes that matter. He moved to lay the resolution on the table.
This motion was rejected by yeas 16, nays 18.
Mr. Brown moved to indefinitely postpone the resolution. Agreed to by yeas 22, nays 12.
Mr. Williams presented a petition from the State Board of Agriculture for the printing in German, English and French 30,000 copies of agricultural, mineral and statistical information, under the supervision of the State Geologist and Dr. Wm. B. Fletcher. It was referred to the appropriate committee.
Mr. Friedley, of Lawrence, called up the proposition of Mr. Neff, made on yesterday, limiting speeches to ten minutes.
Mr. Dittemore moved to amend by striking out "ten" and inserting "five."
page: 139[View Page 139]Mr. Brown moved to add the words "except by consent of the Senate."
Mr. Neff would accept these amendments; but objection being made to his accepting them -
The amendment of Mr. Brown was agreed to.
Mr. Daggy moved to amend by adding the words, "and that explanations of votes be disallowed."
This amendment was rejected on a division, which was a tie.
On motion by Mr. Brown, this vote was reconsidered.
Mr. Fuller moved to lay the amendment (Mr. Daggy's) on the table.
The motion was agreed to.
The amendment striking out ten and inserting five was agreed to.
The resolution as amended was agreed to.
Mr. O'Brien moved that when the Senate adjourn it adjourn till Monday, at two o'clock P.M. The yeas and nays being demanded, ordered and taken on this motion, resulted - yeas 19, nays 14.
No quorum voting - Mr. Chapman moved, ineffectually, to adjourn - yeas 5, nays 26.
Mr. Gregg demanded a call of the Senate.
It was ordered, and being taken, but thirty Senators answered to their names.
On motion by Mr. Taylor, the doorkeeper was directed to close the doors and bring in the absentees. Adjourned.
