THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
MORNING SESSION.
FRIDAY, February 21, 1873.The Lieutenant Governor directed the reading of the minutes of yesterday's proceedings, which were commenced, but dispensed with on motion of Mr. Steele.
On motion of Mr. Taylor the bill [H. R. 189] to place officers of gravel and McAdam roads, when they become creditors, on the same terms with other creditors in any and all suits for the collection of debts, was read the first time and referred to the Committee on Corporations.
Mr. Hall offered a resolution declaring that all resolutions and action taken in reference to the passage of the bill [H. R. 71] be declared inoperative and void - the bill having become a law without the signature of the Governor, five days having elapsed before the resolution recalling it was passed.
Mr. Dwiggins moved, ineffectually, to order all action on this bill [H. R. 71] expunged from the Journal.
The resolution was agreed to.
BRIDGING THE OHIO.
On motion by Mr. Gooding, Mr. Steele's bill [S. 301] to authorize the building of bridges across the Ohio river, was read the third time.
Mr. Gregg spoke of the importance of the navigation of the Ohio river and cautioned members against hastily passing a bill that may impede navigation on any of the larger streams.
Mr. Gooding believed there are sixty-odd steamboats enrolled in his town of Evansville, and his constituents were asking for the passage of this bill.
Mr. Steele offered this bill at the request of Gov. Baker, thought it a good bill, and that it is now too late a day to object to bridging great streams because such bridges may obstruct navigation.
Mr. Harney understood that bridges can be thrown across the Ohio river without the passage of this bill.
The bill [S. 301] for an act providing for the incorporation of companies for the purpose of constructing or owning railroad bridges or bridges over streams in this State, was then passed the Senate by yeas 41, nays 4.
INVESTIGATING COMMITTEE.
Mr. Dittemore moved that the special orderthe resolution offered yesterday by Mr. Wadge for a Committee of Investigation on the charge that $250,000 was raised to secure the defeat of the Temperance bill - be postponed till Tuesday next.
The motion was rejected by yeas 5, nays 40.
The resolution was then adopted.
The Lieutenant Governor subsequently made this Committee to consist of Messrs. Wadge, Hubbard, Neff, Dittemore and Gregg - the former desiring to decline the honor in the face of objections from every part of the Chamber.
REORGANIZATION OF COURTS.
Mr. Gooding moved to make the bill [S. 238] redistricting the State for judicial purposes, to abolish the Common Pleas Courts, etc., the special order for two o'clock this afternoon.
Mr. Steele moved to amend by changing the time to Tuesday at tne o'clock A. M.
Mr. Gooding resisted this motion, contending that delay may defeat the bill.
On motion by Mr. Glessner the motion was laid on the table by yeas 25; nays 19.
Mr. Collett moved to lay the bill and motions on the table.
Mr. Brown demanded a division of the questions - first as to postponing.
The Senate refused to lay the motion to postpone on the table by yeas 16, nays 28.
Mr. Glessner demanded the previous question on the motion to make the bill the special order for two o'clock to-day.
The motion to postpone was taken by consent.
RAILROADS.
Mr. Dwiggins, from the Committee on Railroads, returned Mr. Boone's bill [S. 317] to amend an act enabling railroads to alter their lines in certain cases, with a favorable report, which was concurred in by the Senate.
He also returned Mr. Collett's bill [S. 281] authorizing railroad companies to abandon any part of their road, refund donations, etc., with a similar report.
page: 194[View Page 194]Mr. Gregg hoped the report would not be concurred in for various reasons. To allow railroads to run away from points designated in their charters is a thing that should not be countenanced. It would be surrendering to these corporations valuable rights belonging to the people.
Mr. Daugherty also resisted concurrence in the report, by the Committee. This bill would materially injure his constituents.
Mr. Steele regarded this as a remarkable bill, the like of which he had never seen before in this body. It would be monstrous to allow any corporation such privileges as are embodied in this bill.
Mr. Collett insisted that after corporations have done their part they should receive what aid counties through which pass have promised them. Justice should be demanded for one party as well as the other. Legislation in this State has destroyed to a great extent the value of many railroads running in and through it. This bill has a particular reference to a short railroad and to one man, who has put all his wealth in it, relying upon promised aid, which the Supreme Court, upon a little contemptible technicality, has ruled can not be enforced. This man now proposes to take up the track and pay all damage that may be done thereby to anybody.
Mr. Hubbard thought the bill might affect other railroads than the one referred to, and it might work hardships in a different way.
Mr. Collett assured the members this bill provided for repayment by the company to everybody damaged, and returns every gift and aid heretofore rendered.
Mr. Steele moved to lay the report and bill on the table.
The motion was agreed to by yeas 25, nays 16.
Mr. Dwiggins froin the Committee on Railroads, returned Mr. Scott's bill [S. 215] providing for the leasing of railroads, and authorizing one railroad to lease another railroad, with amendments.
Mr. Brown from the same committee returned his bill [S. 210] to extend the time for the completion of certain railroads, with a favorable report.
On motion by Mr. Scott, the consideration of House bills on the first reading was made the order to follow the consideration of the bill [S. 238] for redistricting the State for judicial purposes.
REPORTS FROM COMMITTEES.
Mr. Steele, Chairman of the Judiciary Committee, returned Mr. Sleeth's bill [S. 322] to amend section 587 of the civil practice act, with a recommendation that it lie on the table.
He also returned Mr. Bird's bill [S. 312] to fix the salary of the Governor's Private Secretary at $2,200, with a favorable report.
The reports were concurred in.
He also returned the joint resolution [S. 11] requesting Indiana Congressmen to use all proper means to secure a United States District Court for Northern Indiana, and a distributing office at Fort Wayne, with a recommendation that it be tabled.
The Senate refused to concur in the report of the committee.
Mr. Bird moved to refer it to a select committee of five, with instructions to change it to a concurrent resolution.
Mr. Dwiggins favored the motion to refer.
The motion was agreed to, and the Lieutenant Governor subsequently made the committee to consist of Messrs. Hubbard, Beardsley, Dwiggins, Smith and Bunyan.
Mr. Beardsley, from the Committee on Printing, returned his bill [S. 245] to let the public Srinting to the lowest bidder, with a recommendation that it pass, with amendments adding after the word "bidder" the words "Provided, however, that said Commissioners shall have the right to reject any and all bids; and provided, also, that if all bids are rejected it shall be competent for the Commissioners to make a contract on personal negotiation if such contract can be made on better terms than the lowent and responsible bid;" authorizing the Commissioners to discharge the Superintendent of Printing at pleasure, etc.
The report was concurred in.
On a motion by Mr. Steele, the bill was made a special order for half-past ten o'clock next Friday.
Mr. Daggy, from the Judiciary Committe, returned Mr. Harney's bill [S. 300] authorizing counties to aid drainage companies with a favorable report.
Mr. Carnahan, from the Committee on Corporations, returned Mr. Winterbotham's bill [S. 278] to amend section fifty-three of the city incorporation act, with an amendment by way of substitute.
Mr. Winterbotham said it wan intended to apply to wharves and docks on the lake at Michigan city.
The report was concurred in.
The Senate then took a recess.
AFTERNOON SESSION.
Mr. Gooding, from the Committee on Federal Relations, returned the bill [H. R. 6] to create the Indiana Centennial Association, with an amendment to include what printing maybe needed therefor in the State printing bills.
The report was concurred in.
On motion by Mr. Daggy it, was ordered that when the Senate adjourns, it adjourns till Monday at 2 o'clock P. M.
Mr. Gregg. from the Judiciary Committee, returned Mr. Smith's bill [S. 327] to limit the time of trying an action at law, or in equity etc., with a favorable recommendation.
It was concurred in.
Mr. Steele presented a petition in favor of a reorganization of courts of justice.
Mr. Rhodes submitted a report from the Committee on Fees and Salaries, which was rnade a special order for ten o'clock Wednesday next without reading.
Mr. Gooding demanded a call of the Senate, which being taken discovered forty Senators as being present and answering to their names
Mr. Hubbard called up the special order, being the bill [S. 238] for the reorganization of the judicial system.
Mr. Dittemore moved to postpone this special order till Wednesday at two o'clock P. M.
Mr. Rosebrugh could not see what more light can be obtained on Wednesday next than we have now. So long as we don't abrogate the Common Pleas Courts we can not do much toward relieving the wants of the people. Though this alone may not entirely do away with the evil, it breaks a cordon so that subsequent Legislatures may be free to act in a manner that will satisfy the people. If the bill is postponed, in view of the fact that it has yet to pass the House of Representatives, we might as well say that we will talk about it and do nothing else. He had come to the Senate Chamber more to aid in the passage of this than any other bill, and if the Senate never begins to work upon it, nothing in that direction will ever be accomplished. He hoped the bill would not be killed by indirection but that a square vote will be had upon it.
On motion by Mr. Hubbard, the motion to postpone was laid on the table by yeas 23, nays 18.
He also moved that the bill be considered as engrossed, read the third time now, and put upon its passage; and upon that motion he demanded the previous question.
The Senate seconded the demand for the previous question.
The presiding officer (Mr. Brown in the chair) was not certain the yeas and nays can be demanded on ordering the main question; and, under his direction, the Secretary proceeded to read the bill the third time. After the bill was read the third time -
page: 195[View Page 195]The presiding officer stated the question to be on Mr. Smith's amendment, pending at the time of adjournment last night, to create a new circuit, to consist of the counties of Marshall and Kosciusko, and to amend sections 34 and 70 by striking out ''Marshall and Kosciusko" and inserting "Miami" in lieu.
The amendment was rejected.
Mr. Williams desired to recommit the bill with Instructions.
The presiding officer decided the motion out of order, as the Senate is acting under the operation of the previous question.
The presiding officer directed the roll to be called on the passage of the bill.
The bill passed the Senate by yeas 26, nays 20, as follows:
Yeas - Messrs. Armstrong, Beardsley, Beeson, Bowman, Brown, Carnahan, Cave, Chapman, Dittemore, Dwiggins, Francisco, Friedley of Scott, Glessner, Gooding, Gregg, Haworth, Howard, Hubbard, Miller, Oliver, Rosebrugh, Sarnighausen, Slater, Stroud, Thompson, Wadge.
Nays - Messrs. Bird, Boone, Bunyan, Collett, Daggy, Daugherty, Fuller, Friedley of Lawence, Hall, Harney, Hough, Neff, O'Brien, Rhodes, Ringo, Scott, Sleeth, Smith, Steele, Taylor, Williams, Winterbotham.
Pending the roll call -
Messrs. Bird, Boone, Collett, Daggy, Daugherty, Gooding, Gregg, Hubbard, Scott, Slater, Sleeth, Smith, Steele, Thompson and Winterbotham, submitted explanations which will appear in the Appendix to the Brevier Legislative Reports, Volume XIV.
The presiding officer then announced the vote as above, while Messrs. Miller, Daugherty and others were trying to get the floor.
The Senate then adjourned, under the order adopted this afternoon, till Monday at two o'clock P. M.
