THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, March 7, 1873 1872The Lieutenant Governor took the chair at half-past nine o'clock A. M.
The reading of the Secretary's minutes was dispensed with.
On motion by Mr. Cave, the bill [H. R. 446] to repeal section fifty-five of the general banking act of March 3, 1855, was read the first time.
Mr. C. moved to dispense with the constitutional restriction requiring that "every bill shall be read by sections on three several days in each House," in order that this bill may be advanced at once to its final reading.
Mr. Brown resisted the motion and opposed the passage of the bill.
Mr. Dittemore said this would abolish a fee of some 2,300 to the auditor for only a few minutes' work.
Mr. Brown moved ineffectually to lay the motion on the table - yeas, 17; nays, 19.
Mr. Brown moved to refer the bill to the Committee on the Judiciary.
The motion was agreed to - yeas, 25; nays, 15.
On motion by Mr. Chapman, the vote by which the revenue bill [H. R. 530] was passed to the third reading on yesterday was reconsidered - yeas, 25; nays, 16.
Mr. Chapman moved to strike out "fifteen" and insert "ten" per cent as the levy on the $100 valuation.
It was agreed to by - yeas, 24; nays, 17.
The bill was passed to the third reading now.
On motion by Mr. Chapman, it was read the third time, and passed the Senate by - yeas, 31; nays, 11.
THE STATE PRISONS.
Mr. Wadge, Chairman of the Committee on Prisons, submitted a general report on the condition of the State Prisons, North and South. It recommends an appropriation of $2,000 for the purpose of securing water facilities for the Northern Prison, and $3,000 for ditching; that the Chaplains salary be increased, and he be required to live in or near the prison, etc. It also asserts that the Southern Prison is unfit to keep human beings in. The Committee recommend the prompt abolishment of the cat and whip, and the abandonment of the Southern Prison in 1876, when the present contracts expire.
Mr. Williams, as a minority, dissenting from the last recommendation.
Mr. Wadge said it would take an expenditure of $600,000 or $700,000 to rebuild the Southern Prison, when, by expending $100,000 on the Northern Prison, it would afford equal facilities.
On motion by Mr. Friedley, of Lawrence, the reports were placed on file and referred to the next session of the General Assembly.
Mr. Wadge offered a joint resolution [S. 20] concerning the management of the State prisons - directing that the names of convicts be not published, as heretofore; that the cat be abandoned ; that convicts have clean suits of clothing every Saturday night; that the chaplains live at or near the prisons, and devote their entire time to the convicts; that the Governor appoint one person from each Congressional District, to be called a Board of Prison Reform; provided, they shall receive no compensation.
Mr. Hall moved to amend the resolution by allowing all monies received from visitors be appropriated for the purchase of books; and adding after the words "cat or whip," the words "or any substitute therefor."
Mr. Wadge accepted the amendments.
On motion the joint resolution was referred to the Committee on the Judiciary, with instructions to report at nine o'clock and thirty minutes to-morrow, and an amendment that the convicts shall not be worked more than ten hours a day.
Mr. Beeson, from the Committee on Mines and Mining, returned the bill [S. 205], regulating coal mines and the working thereof, with an amendment.
Mr. Friedley, of Lawrence, presented a minority report returning the bill [H. R. 230] with a recommendation that it pass. He said the House bill was substantially a copy of the laws of Pennsylvania and Ohio. This bill had passed the House, and he believed it impossible to get the Senate bill through the House, so if any relief is afforded this session the recommendation of the minority should be concurred in.
On motion by Mr. Chapman the minority report was laid on the table by yeas 35, nays 7.
page: 248[View Page 248]On motion by Mr Brown the majority report was laid on the table - yeas 29, nays 14.Mr. Harney, from the Committee on Agriculture, returned the bill [H. R. 434] in reference to covverting fees for licenses to Agricultural Societies, recommending its passage.The report was concurred in.
On motion by Mr. Dittemore, the bill passed to the final vote under a constitutional restriction, and passed the Senate by yeas 44; nays. 1.On motion by Mr. Dwiggins, the Senate refused to recede from its amendments to the State Printing Bill [H. R. 526], and asked for a committee of free conference.
Messrs. Dwiggins, Slater and Hough, being announced as said committee on the part of the Senate.
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
On motion of Mr. Scott, the bill [H. R. 224] to amend section 1 of the act incorporating the Female Seminary of St. Mary's of the Woods, in Vigo county, Indiana, was read by title for the second time, under a dispensation, then the third time, and passed by yeas 39, nays 2.
On motion by Mr. Hubbard, the bill [H. R. 198] to amend the first section of the act incorporating the University of Notre Dame du Lac at South Bend, Indiana, was pressed to the final vote under a dispensation of the constitutional restriction and passed by yeas 37, nays 5.
On motion by Mr. Brown, the House amendments to the bill S. 250, concerning new bureaus in the Secretary of State's office, were concurred in.
Mr. Rhodes moved that the Senate proceed to the consideration of Senate bills on the third reading.
Mr. Friedley, of Lawrence, moved as a substitute that the printing, revenue and appropriation bills shall have precedence, and then House bills on second reading, and then House bills on the third reading.
It was adopted.
Mr. Dwiggins moved to reconsider the vote adopting this resolution, and to lay that motion on the table.
The latter motion was agreed to.
Mr. Hough, from the Committee on Organization of Courts, returned the bill [H. R. 177] concerning terms in the First circuit, with a recommendation that it lie on the table.
Also, the bill [H. B. 2] fixing court terms, with a similar report.
Also, the bill [H. R. 291] fixing court terms, with a similar report.
Also, from the Committee on Rights and Privileges, returned the divorce bill, [H. R. 333] with a recommendation that it be indefinitely postponed.
Mr. Daggy returned a number of court bills, recommending that they lie on the table.
Mr. Gregg, from the Committee on Judiciary, returned the bill [H. R. 226] to amend the civil practice act, with a similar report.
The bill [H. R. 248] to give security to persons who contract with railroad corporations to perform work or labor, was read the second time and the amendments were ordered to be engrossed.
Mr. Steele, Chairman of the Judiciary Committee, returned the joint resolution [S. 20], recommending that it lie on the table.
These reports were concurred in.
HOUSE BILLS ADVANCED.
The bill [H. R. 430] to amend sections five and six of the act of May 30, 1857, authorizing county boards to declare water courses navigable, was read the second time and passed to the third reading.
The bill [H. R. 114] to amend the mill-raceway act of May 1, 1853, was read the second time and passed to the third reading.
The bill [H. R. 225] to amend section two of the wild-game act of March 11, 1867, was read tht second time, and the Senate amendments ordered to be engrossed.
The bill [H. R. 377] declaratory of the law of this State as to the eligibility of women to certain offices therein mentioned, was read the second time.
The bill [H. R. 208] to legalize the acts of the trustees of Mooresville, was read the second time and passed to the third reading.
The bill [H. R. 299] to allow a bounty for foi scalps, was read the second time and pawed U the third reading.
The bill [H. R. 245] to provide for the paroling of prisoners in county jails who may be convicted of public offenses, was read the second time and passed to the third reading.
The bill [H. R. 332] to authorize the enlargement of the House of Refuge for juvenile offenders - appropriating $55,000 therefor - was read the second time and passed to the third reading.
The bill [H. R. 146] to prevent the obstruction of ditches, drains or running streams, was read the second time and passed to the third reading.
The bill [H. R. 151] to amend the act to declare abandoned certain railroads, &c., was read the second time and the amendments ordered to be engrossed for the third reading.
The bill [H. R. 302], to amend section three of the act to provide compensation to owners of animals killed by the cars, was read the second time and passed to the third reading.
The bill [H. R. 458], to legalize the incorporation of the town of Kentland and legalizing the acts of the trustees thereof, was read the second time and passed to the third reading.
The bill [H. R. 495], to amend an amended act incorporating the town of Vernon, was read the second time and passed to the third reading.
Mr. Glessner called up the special order, being the consideration of the House amendments to the Judges' salaries bill [S. 230.]
Mr. Sleeth moved to concur with an amendment making the salaries of Circuit Judges $2,500 instead of $3,000.Mr. Slater moved, ineffectually - yeas 19, nays 25 - to still further reduce the sum to $2,000.
Mr. Glessner. Vote down his amendment; it is the only way you can get rid of him.
Mr. Slater. Yes, it is, while I am protecting the people's treasury from enormous inroads upon it.
Mr. Brown demanded the previous question, and there being a second -
The motion to concur with the amendment was agreed to by yeas 28, nays 17.
Mr. Slater moved to reconsider this vote.
On motion by Mr. Brown this motion was laid on the table - yeas 29, nays 14.
Mr. Sleeth, from the Committee on Claims, returned some half a dozen or more claims in the Burson contested election case of 1871, with favorable reports.
They were concurred in.
APPROPRIATIONS.
Mr. Taylor, Chairman of the Committee on Finance, returned the general appropriation bill [H. R. 531] with amendments.
Mr. Slater moved an amendment to the section concerning the salary of the Governor's private secretary by adding these words, "and this shall be in full for all services rendered."
On motion by Mr. Daugherty it was laid on the table.
Mr. Scott moved to add to the committee amendments a section appropriating $500 for the State Horticultural Society for the year 1873. ant for the year 1874 a similar amount.
It was agreed to.
Mr. Steele moved to allow the State Treasurer to employ an additional clerk at a salary act to exceed $4,000.
It was agreed to.
Mr. Dwiggins moved to amend the committee page: 249[View Page 249]report by striking out the allowance of $300 to the Quartermaster General of the State for each year, 1873 and 1874.
It was agreed to.
Mr. Friedley, of Lawrence, moved to amend the committee report by restoring section forty-three of the bill as it came from the House, appropriating $15,000 for 1873 and $15,000 for 1874 for buildings at the State University. He said there was the Owen cabinet of some 80,000 pieces, costing the State $20,000, that lies there in boxes of no use for want of room.
Mr. Taylor believed the State had never appropriated more than $14,000 for building purposes.
On motion by Mr. Orr, the motion to reinstate was laid on the table by yeas 30, nays 9.
Mr. Scott moved to reinstate section forty-five, making an appropriation of $15,000 to the State Normal School for repairs and completion.
On motion by Mr. Dittemore, it was laid on the table.
The report of the committee was concurred in.
Mr. Slater moved to strike out $1,500 for contingent expenses of Auditor, and $1,000 each for contingent expenses of the Treasurer and Secretary of State for each year, 1873 and 1874. He said the late Auditor and Treasurer are willing to establish a good precedent by letting their claims go if the coming incumbents are not voted this extra allowance, but if this extra sum remains in the bill they desire to have similar sums appropriated to them. If those other officers didn't get it they were willing to go without it.
Mr. Dwiggins understood that after the Auditor of State pays his Deputy hire, he makes about $5,000 a year.
The motion to strike out the appropriations for contingent expenses of the three State officers, Secretary, Treasurer and Auditor, $7,000 in all, was rejected by yeas, 18; nays, 26.
Mr. Williams moved to add a section allowing these perquisites to the late incumbents of the office of Auditor and Treasurer of State.
It was agreed to by yeas, 30; nays, 14.Mr. Bowman moved to amend by adding a section providing that the moneys drawn from the contingent fund by these officers only upon vouchers, which shall show for what the money was expended, etc.
The Lieutenant Governor decided it out of order.
Mr. Hough moved to strike out the incidental expenses for the Superintendent of Public Instruction, and to reduce the contingent expenses of the Supreme Court $1,000 for each year, and to strike out section fifteen.
On motion by Mr. Dittemore, it was laid on the table by yeas 27, nays 15.
The bill was passed to the third reading, and the amendments were ordered to be engrossed.
The Senate took a recess till half-past seven P. M.
