AFTERNOON SESSION.
President Friedley took the chair at 2 P. M.
On motion of Mr. Brown, the bill [H. R. 36] to amend the charter of the Franklin Insurance Company was taken up, and he moved to reconsider the vote adopting an amendment reserving the right of the Legislature to exercise control over the length of time the charter may run.
Mr. Gooding and Mr. Brown insisted that the amendment was very unjust, and would in a great measure destroy the usefulness of the company.
Mr Hubbard believed if any enlargement of this charter is made, the General Assembly should hold the reins, and not forever put it out of the power of the people of the State to control these corporations in the future.
Mr. Brown explained that this bill simply changes the name of this company, asks that stockholders shall vote as in other corporations, and provides for an extension of time-perpetual. Mr. Scott objected to the amendment.
Mr. Dwiggins doubted the propriety of authorizing the organization of a corporation and then allowing the legislature to repeal the entire charter.
Mr. Hubbard believed it better for the people, to keep all corporations within the power of the people's representatives,as in England the power of Parliament over all corporations is unlimited.
Mr. Hall made an ineffectual motion to lay on the table the motion to reconsider. The motion to reconsider was agreed to by yeas 29, nays 11.
On motion by Mr. Brown the amendment was laid on the table.
Mr. Hall moved to strike out the word perpetual.
On motion by Mr. Brown - yeas 32, nays 9 - the bill was read the third time.
The bill [H. R. 36] to amend sections 1 and 6 of the act of February 13, 1851, to incorporate the Franklin Insurance Company, was then passed the Senate by yeas 30, nays 12, without amendment.
COUNTY SCHOOL SUPERINTENDENTS.
The bill [H. R. 25] to amend the School Law of March 6, 1865, being the special order, was now called up.
Mr. Dwiggins moved to amend section two, by making the first meeting of the township trustees to elect a county superintendent in "1874" instead of "1873," and bi-ennially" thereafter, instead of "tri-ennially."
Mr. Steel moved to lay the amendment on the table.
Mr. Dwiggins demanded a division of the question. The Senate refused to lay the first clause of the amendment on the table, yeas 18, nays 21.
Mr. Dwiggins obtained leave to withdraw that part of his amendment.
The Senate refused to lay on the table the second clause of the amendment.
The amendment striking out "tri-ennially" and substituting "bi-nnially" in lieu, was agreed to.
Mr. Dwiggins moved to further amend by striking out the words "and an experienced and successful teacher" where they refer to the qualification of the County Superintendent.
Mr. Scott doubted the expediency of this amendment.
Mr. Rosebrough, Mr. Harney, Mr. Dwiggins and Mr. Brown favored the amendment. Agreed to.
Mr. Dwiggins moved to amend section four by striking out the words "and as much oftener as he may deem it necessary" he shall visit each school in the county - agreed to.
Mr. Dwiggins moved to further amend section 4 by providing that nothing in this act shall abridge legal rights in cases arising in the courts under the school law.
It was agreed to.
Mr. Dwiggins moved to amend section 9 by adding thereto "unless such absence [from the Teachers' Institute] shall be occasioned by sickness."Mr. Rosebrough moved to amend action 2 by investing the election or appointment of County Examiners in the Board of Commissioners instead of Township Trustees.
Mr. Scott hoped the Senate would not make this change. The township trustees are more directly from the people, and more interested in this matter.
Mr. Dwiggins also opposed the amendment, for the township trustees now employ teachers, and are well acquainted with the wants of their several neighborhoods.
The amendment was rejected by yeas 18, nays 22.Mr. Scott moved to add to section 2 a provision that whenever a vacancy occurs the trustees must assemble and fill the vacancy. The Auditor to give the casting vote in case of a tie, and keep a record.
It was agreed to.
The bill was then read the third time and passed the Senate by yeas 26, nays 15. An amendment being made by Mr. Dwiggins, by consent, that the County Examiners shall continue to discharge their duties till the County Superintendents be elected and qualified.
The bill [H. R. 410] to amend the act of March 9, 1867, authorizing and directing trustees to levy a school tax, not to exceed 25 per cent., so as to maintain the common schools six months In every year - being part of the special order for this afternoon - was read the third time and failed to pass - yeas 22 nays 19two-thirds not voting in the affirmative.
Mr. Dwiggins and Mr. Howard explaining their negative votethe tax will bear more heavily on the weaker counties under this bill.
The bill [H. R. 87] to amend the common school law of March 6, 1865, and adding supplemental page: 227[View Page 227] sections - another bill belonging to the special order for this afternoon - was read the third time.
Mr. Hough asked and obtained unanimous consent to amend section eleven by allowing $5 per day and five cents mileage, so as to make it correspond with a bill heretofore reported.
Mr. Haworth moved ineffectually for unanimous consent to amend section twenty-nine so that the people of the district may choose the teacher.
Mr. Friedley, of Scott, asked but failed to obtain consent to amend so the school term shall commence the first Monday in September instead of July, as the bill reads.
The bill finally passed by yeas 26, nays 16.
Mr. Dittemore called up the special order, being reports from the Special Committee on the bill [S. 290] in relation to converting the Women and Girls' Reformatory into a Hospital for the Insane - the question being on the minority report against the proposed change, submitted just before the recess for dinner, by Mr. Thompson.
It was laid on the table, on motion by Mr. Dittemore.
Mr. Thompson spoke against the passage of the bill.
Mr. Dittemore supported the proposition of the committee, believing that it would only require an additional appropriation of $8,000 to put the building in order for the reception of the insane.
Mr. Harney stated that this building has been standing for two years unused; it is plastered, heating apparatus is there, the gas pipes are in, and it is in easy reach of water work pipes. The only question is which claims are the most pressing, the insane or a class needing a reformatory institution. As a temporary measure, he favored the report of the committee.
Mr. Hall said the result of the passage of this bill would be to deprive the insane of what really should be done for them. Instead of providing for two hundred, as this temporary plan would, there should be provision made for fifteen hundred.
The report of the majority was concurred in by yeas 37, nays 6, and the amendment was ordered to be engrossed.
Mr. Friedley, of Lawrence, moved that the constitutional restriction be dispensed with, that the bill may be put on its passage now.
The motion was agreed toyeas 38, nays 4the bill read the third time and passed the Senate by yeas 36, nays 6.Mr. Smith suggested that the salaries of the officials of this institution should be set out in the bill.
On motion of Mr. Collett, his bill [S. 273] in relation to the construction of railroads was read the third time, Mr. C. explaining that its intention is to apply only to two short roads in his part of the State.
Mr. Carnahan opposed the passage of the bill, fearing it may effect other cases than the ones intended. He was tired of these kind of railroad bills. He moved this one be indefinitely postponed.
Mr. Collett said there could be no injustice in requiring people to comply with the bargains they may make in exact terms; and that is the main principle running through this bill.
Mr. Brown was satisfied this bill would not affect the roads of this State injuriously.
Mr. Smith insisted that a minority opposing railroad taxes in any shape, should not be cutoff from their day in court.
Mr. Hubbard believed this bill would effect a case now in the St, Joseph Court, and thought the minority should have the right to make a defense material.
The passage of the bill was also opposed by Mr. Rhodes and Mr. Dwiggins.
Mr. Carnahan withdrew his motion to indefinitely postpone, that the vote may be taken directly on the passage of the bill. He opposed granting powers to corporations that are refused individuals.
The bill failed to pass for want of the Constitutional majority of twenty-six Senators - the vote resulting, yeas, 20; nays, 15.
Adjourned.
