THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
IN SENATE.
SATURDAY, MARCH 8, 1873.The Lieutenant Governor took the chair at half past nine o'clock A. M., reading of the Secretary's minutes was dispensed with.
Mr. Wadge moved to take from the table his Joint Resolution [S. 20] in reference to the control and management of the State prisons. The motion was rejected; yeas 14, nays 21.
On motion by Mr. Neff, his bill [S. 267] converting license fees of shows, etc., to the use of Agricultural societies which failed to pass day before yesterday, was taken up. The section in reference to liquor license struck out and the bill passed the Senate by yeas 36, nays 4.
On motion by Mr. Ringo, the bill [H. R. 438] to amend sections 109, 110, 111 and 118 of the common school law of March 6, 1865, with reference to the distribution of the school fund was advanced to the final reading, under a suspension of the rules, on a vote of two-thirds of all the Senators elected, of the Constitutional restriction which requires that "every bill shall be read by sections on three several days in each House."Mr. Hough thought the bill should be amendatory of the act of 1867 instead of the act of 1865, as the bill proposes to amend an act not now in force. He asked and obtained unanimous consent to so amend the bill. The bill as amended passed the Senate by yeas 48, nays 3.
Mr. Dwiggins offered a resolution regulating the order of business, as did Mr. Friedley's, of Lawrence, resolution adopted yesterday, viz.: Making the revenue, printing and appropriation bill privileged to be called up and acted on at any time. Also, making the order of business as follows: First, House bills on second reading: second, House bills on third reading. It was amended by excluding the court bills on the first reading. The resolution as amended was adopted.
APPROPRIATIONS.
Mr. Hall, from the Committee on Engrossed Bills, reported an unintelligible section in the General Appropriation Bill [H. R. 531] with a recommendation for its amendment. Report concurred in.
On motion by Mr. Taylor, the General Appropriation Bill [H. R. 531] was read the third time.Mr. Williams, by unanimous consent, amended the section in relation to the salary of judges by increasing the salaries of Supreme Judges to $4,000 and that of the Circuit Judges to $2,500
Mr. Harney moved, but failed to obtain unanimous consent, to add an allowance of $700 to the Adjutant General for the years 1873 and 1874 in addition to his salary.
The bill then passed the Senate as amended - yeas 42, nays 1.
Mr. Taylor, chairman of the Committee on Finance, returned the specific appropriation bill [H. R. 532] recommending its passage with amendments.
The amendments were concurred in.
Mr. Taylor moved to strike out the allowance [section 5] to W. B. Walters of $292.40 for expense in contesting the seat of Mr Taylor in the House of Representatives, session of 1871, as it would be an act of injustice to other claimants similarly situated. They can all come in next session if they choose.
Mr. Sarnighausen and Mr. Bird resisted the motion. The latter made an ineffectual motion - yeas 17, nays 26 - to lay the motion on the table.The motion to strike out was agreed to.
Mr. Taylor moved to strike out section 13 allowing $90 to Jerome C. Burnett for services as clerk of the Committee on Ways and Means, as this matter is regulated by law.
Mr. Brown made an ineffectual motion to lay it on the table.
The motion to strike out was agreed to.
As was also his motion to strike out section 14, allowing $300 to a janitor of House Committee rooms.
As was also his motion to strike out section 15, allowing $215 for a clerk to Committee on Ways and Means.
As was also, his motion to strike out section 22, allowing $100 to a copying clerk.As was also his motion to strike out section 25, allowing $70 to a mail carrier.
Mr. Taylor moved to strike out section 26, allowing $100 to a janitor for the Judiciary Committee.
Mr. Daugherty moved as a substitute for this motion that the amount be increased to $300.
Mr. Friedley, of Lawrence, understood that the Judges of the Supreme Court allowed the use of their room to the Committee on the Judiciary with the understanding that they should appoint the janitor.
The substitute was rejected by yeas 17, nays 31.
The motion to strike out was agreed to.
Mr. Taylor moved to strike out section 31, allowing $305 to a janitor, which was agreed to, as was also his motion to strike out section 33, allowing $67.50 to a janitor.
Mr. Slater moved to amend by striking out sections 8, page: 253[View Page 253] 10, 11 and 12. Section 8 allows $1000 to Barbour & Jacobs, balance for legal services; and section 10 allows $100 to N. B. & E. Taylor, for attorney's fees ; and section 11 allows $250 to McDonald, Butler & McDonald, for attorney's fees, and section 12 allows $100 to Holland A Binkley, for attorney's fees.
The motion to strike out section 8 was agreed to, as was also the motion to strike out section 10. The motion to strike out section 11 was rejected by yeas 6, nays 40.
The motion to strike out section 12 was also rejected by yeas 16, nays 24.
On motion, by Mr. Slater, the votes striking out sections 8 and 10 were reconsidered. The Senate then took a recess until 2 o'clock p.m.
AFTERNOON SESSION.
The Lietenant Governor announced the question to be on striking out section 8.
On motion by Mr. Brown it was laid on the table.
The Lieutenant. Governor announced the next question to be on striking out section 10.
On motion by Mr. Williams it was laid on the table.
Mr. Glessner moved to add a section allowing $300 to the State Horticultural Society, to enable it to exhibit fruit at the Pomological exhibition, to be held in Boston, next September.
Mr. Steele moved to lay it on the table. It was agreed to on a division - 13 to 16.
Mr. Scott moved to amend by adding a section appropriating $2000 for repairs of the State Normal School.
On motion by Mr. Dittemore it was laid on the table.
Mr. Glessner moved to add a section allowing Bayless W. Hanna, late Attorney General, $1500 for balance due on services performed in pursuance of a joint resolution adopted two years ago. It was laid on the table.
On motion by Mr. Taylor, the section authorizing the BREVIER LEGISLATIVE REPORTS was amended by inserting the words "special and" before the words "regular session."
Mr. Friedley, of Lawrence, moved to strike out the appropriation of $1,360 to Matthew L. Brett, where occurs in the Senate amendments.
Mr. Gregg made an ineffectual motion - yeas 22, nays 23to lay the motion on the table.
Mr. Dittemore asked and obtained leave to withdraw the claim, it having been inserted without Mr. Brett's consent and against his advice. The motion to strke out was then agreed to.
Mr. Daugherty moved to amend the bill by striking out all clauses in relation to the Burson election case of 1871.
The Lieutenant Governor decided the motion out of order for the reason that the Senate had passed upon all these clauses directly when they were reported from the Committee on Claims.
Mr. Daugherty now moved to reconsider the votes by which the Senate concurred in the committee reports in favor of the Burson claims. The Lieutenant Governor decided this motion also out of order.
On motion by Mr. Slater an additional section was added appropriating $19,500 to pay for additional ground upon which to build a State House, purchased in pursuance of law.
Mr. Williams moved to add a section allowing the late Agent of State $5,000 for incidental expenses.
Mr. Steele made an ineffectual motion - yeas 16, nays 28 - to lay it on the table.
The section proposed by Mr. Williams was adopted by yeas 27, nays 17.
Mr Dougherty moved to reconsider the votes by which the Burson election case claims were allowed.
It was agreed to 0 yeas 22, nays 16.
Mr. Dougherty now moved to amend the report allowing the claims by striking out all claims ia the burson election case of 1871.
Mr. Daggy moved to concur in the report of the committee on claims in reference to the Burson election case claims.
Mr. Daugherty moved to lay this latter motion on the table.
It was agreed to by yeas 25, nays 20.
The amendment to strike out all allowances for the Burson election case was rejected by yeas 21, nays 25.
Mr. Dittemore moved to reconsider the vote by which the amendment offered by Mr. Glessner to appropriate $300 to the State Horticultural Society was laid on the table.
It was rejected by a tie upon a division of the Senate, 20 to 20.
Mr. Brown moved that the amendments be considered engrossed, that the constitutional restriction be dispensed with, and that the bill be passed to the final votes now.
The motion was agreed to by yeas 34, nays 10.
The bill was then read the third time and passed the Senate by yeas 35, nays 12.
On motion by Mr. Chapman, the message from the House announcing its refusal to concur in the Senate amendments to the revenue bill [H. R. 520] were taken up.
Mr. Friedley, of Lawrence, moved that the Senate recede from its amendments.
Mr. Chapman moved that the Senate adhere to its amendmen,s reducing the levy from 15 to 10 cents.
The Senate agreed to recede from its amendments yeas 23, nays 22 - the Lieut. Governor giving the casting affirmative vote.
On motion by Mr. Taylor and Mr. Breown the bill [H. R. 532] authorizing the Governor, Auditor and Treasurer of State to make a temporary loan, was considered read twice by reading of its title, (under a dispensation of the constitutional restriction,) pressed to the final vote and passed the Senate by yeas 43, nays 3.
On motion by Mr. Sleeth the bill [H. R. 377] declaratory of the law of this State as to the elegibility of females to certain offices therein mentioned, was read the third time and finally passed by yeas 30, nays 10.
Mr. Steele, Chairman of the Judiciary Committee, returned the bill [H. R. 213] defining cruelty to animals, with a recommendation that it lie on the table for lack of time to act upon it properly.
The report was concurred in.
On motion by Mr. Friedley, of Scott, the bill [H. R. 495] to ameud an amended act incorporating the town of Vernon, Jennings county, was read the third time and passed by yeas 37, nays 6.
Mr. Hough, from the Joint Committee on Free Conference on the printing bill, reported their inability to agree.
On motion by Chapman the House was asked for a second Committee of Free Conference. The Lieutenant Governor makes this committee on the part of the Senate to consist of Messrs. Chapman, Beardsley and Fuller.
On motion of Mr. Dittemore the bill [H. R. 241] to give security to persons who contract to labor for railroad corporations, was read a third time and finally passed by yeas 28, nays 9.
On motion by Mr. Dwiggins, the bill [H. R. 453] to legalize the incorporation of the town of Kentland, was read a third time and passed by yeas 35, nays 4.
On motion by Mr. Gooding the vote by which'the Senate agreed at night sessions to take up only House Bills was reconsidered.
On motion by Mr. Taylor the message just received from the House, announcing its refusal to concur in several of the Senate amendments to the general appropriation bill [H. R. 531] was taken up.
On motion the Senate receded from its amendment increasing the allowance to the Governor's Private Secretary.
On motion the Senate amendment including the Agricultural and Horticultural Report printing in the public printing account, was adhered to.
On motion the Senate amendment reducing the appropriations for the deaf and dumb from $65,000 to $50,000, was receded from.
On motion the Senate amendment reducing the appropriation for the House of Refuge $5,000, was also receded from.
On motion the Senate amendment reducing the appropriation $1,600 for the deaf and dumb was receded from.
On motion the Senate amendment striking out the appropriation for the blind asylum, $65,000 for additional buildings, was adhered to.
On motion the Senate amendment striking out the page: 254[View Page 254] appropriation, $17,500 for the House of Refuge, was adhere! to.
On motion the Senate amendments, striking out the appropriation for the salary of the Quartermaster General was receded from.
On motion the Senate amendment striking out an appropriation of $12,000 to the State University was adhered to.
On motion the Senate amendment striking out an appropriation of $30,000 for a building for the State University was adhered to.
On motion the Senate amendment striking out the allowance of $24,000 to the Adjutant General was adhered to
On motion the Senate amendment striking out an appropriation of $30,000 to the State Normal School was adhered to.
On motion the Senate amendment striking out the proviso that the Auditor, Secretary and Treasurer of State shall keep an itemized account of expenditures from their contingent funds was adhered to.
On motion the Senate amendment appropriating $500 for the State Horticultural Society was adhered to.
On motion the Senate amendment allowing the Treasurer of State an additional $1,000 clerk, was adhered to.
The Senate took a recess till half-past seven o'clock.
NIGHT SESSION.
Mr. Scott, in behalf of the employees of the Senate, presented to the Lieut. Governor a number of hot house plants, that had been setting on and around about the President's table during the day. For which the recipitant expressed thanks.
Mr. Scott, also, in the same interest, presented to Senators a two or three bushel wicker basket full of apples. Which were severally taken by consent.
Mr. Boone, from the joint committees on the Constitutional amendments, reported a joint resolution proposing a number of amendments to the Constitution of the State of Indiana.
On his motion it was made the special order for Monday, at 10 o'clock A. M.
On motion by Mr. Bird, the bill [H. R. 225] to amend section 2 of the act for the protection of wild game, and certain birds therein named, was read the third time, and finally passed by yeas 32, nays 5.
On motion by Mr. Rosebrugh, the bill [H. R. 26] giving justices jurisdiction in cases where the contract is made in a different township, so that suit may be instituted in the township where the creditor lives, if the debtor resides in the same county, having heretofore failed to pass, was taken up by yeas 23, nays 15.
Mr. Carnahan was satisfied that such a bill would ruin the whole township system, and he appealed to Senators that they withhold from it their votes.
The bill failed again by yeas 23, nays 21.
The Senate returned to the consideration of the message from the House, concerning the general appropriation bill, [H. R. 531.]
On motion, the Senate amendment providing that the Auditor, Secretary and Treasurer of State, shall keep an itemized account of contingent expenses, was again adhered to.
On motion of Mr. Hall and Mr. Daggy, a committee of free conference was asked for.
On motion by Mr. Williams, the bill [H. R. 354] to consolidate certain mortgage loans, forfeitures, bills receivable, and other debts and accounts due the school fund, into one non-negotiable bond, and making other provisions in relation thereto, was read by title, and again, (under a dispensation,) and passed the Senate by yeas 35, nays 5.
On motion of Mr. Steele, the House substitute amendment for the Senate bill [S. 293] concerning the Attorney General, was taken up and concurred in.
On motion by Mr. Orr, the bill [H. R. 316] to authorize township trustees to levy tax additional to the amount now authorized by law, not exceeding twenty-five cents on each one hundred dollars worth of taxable property, in any one year, for the purpose of paying, satisfying and liquidating debts made by such trustee in the construction, repairing or completing of school houses, and providing furniture and school apparatus therefor, and declaring an emergency, was pressed to the third reading,under a dispensation, and passed the Senate by yeas 26, nays 8.
Mr. Dittemore offered a resolution which wae adopted to correct the mileage account of Mr. Rosebrugh, by making an additional allowance heretofore overlooked by mistake.
Mr. Sleeth made an ineffectual motionyeas 27, nays 9 - to suspend the Constitutional rule that the bill [H. R. 540] to authorize prosecuting attorneys to prosecute the pleas of the State before justices of the peace may be pressed to the final vote.
Mr. Beeson moved to dispense with the Constitutional rule that the bill [H. R. ] to improve the morals of men by providing that officials shall be deposed if they become intoxicated, etc., but the bill could not be found.
On motion by Mr. Boone, the bill [H. R. 114] amending the mill-race way act of March 1, 1853, was read the third time and finally passed the Senate by yeas 34, nays 4.
Mr. Chapman from the second Committee on Free Conference, on the printing bill [H. R. 526] report that they can not agree.
Mr. Hall moved that the Senate recede from id amendments. The motion was rejected by yeas 8, nays 36.
Mr. Chapman offered a concurrent resolution authorizing the Auditor, Secretary and Treasurer of State to advertise for the printing for the State. It was as follows :
Resolved by the Senate, the House of Representatives concurring therein. That the Secretary, Auditor and Treasurer of State be, and the same are hereby, authorized and directed to advertise for sealed proposals for printing the journal of proceedings of the House and Senate of the present session of the General Assembly, the laws enacted by the same, and such other printing as said officers may deem necessary for the use of the State, or that is required by any of the laws thereof.
Mr. Smith moved to amend the resolution by including the Governor among the other State officers.
Mr. Chapman accepted the amendment.
The resolution as amended was adopted.
Mr. Chapman subsequently introduced a joint resolution [S. 21] in relation to advertising and letting the public printing and binding, similar in terms to the concurrent resolution printed above, including binding and directing their letting to the lowest bidder.
It was adopted by yeas 35, nays 0.
Mr. Hough, from the Joint Committee on State Library, reported that there was in the hands of the Librarian over $1,900 worth of stationery, the balance having been distributed to clerks and door-keepers, and others.
The report was concurred in.
Mr. Brown offered a concurrent resolution, which was adopted, instructing the Auditor to audit the account of Braden & Burford for $2,979 for stationery furnished to the State Librarian.
On motion by Mr. Ringo, the bill [H. R. 541] fixing the time of holding the Circuit Court in the 13th Judicial Circuit, was pressed to the final vote and passed by yeas 34, nays 0.
Mr. Friedley, of Lawrence, offered a resolution which was adopted, directing the Secretary of State to furnish the Lieutenant Governor with one copy of Gavin & Hord's statutes.
On motion by Mr. Gregg, the bill [H. R. 139] relating to the expenses of the change of venue from one county to another county, was read the third time and finally passed yeas 30, nays 5.
Mr. Smith moved to dispense with the Constitutional rule so that the bill [H. R. 508] to make further provision for the insane ot the State may be advanced to the final vote.
The motion was rejected by yeas 25, nays 12 - two-thirds not voting in the affirmative.
On motion by Mr. Stroud, the bill [H. R. 59] to amend section 6 of an amended act concerning supervisors of highways, was read the third time and finally passed by yeas, 31; nays, 4.
Mr. Oliver moved to take up the bill H. R. 542.
On motion by Mr. Brown, this motion was laid on the table.
Mr. Bunyan moved that the bill [H. R. 380] legalizing summonses, executions and other processes of law page: 255[View Page 255] issued by justices of peace in incerporated cities to the marshals of said cities, as also all acts done or performed under and by color of such writs, and protecting such marshals from prosecutions for acts done under and by color thereof, be taken up and advanced to the final vote under a dispensation of the constitutional restriction.
The motion was agreed to and the bill was passed the Senate - yeas, 34; nays, 3.
Mr. Haworth offered a resolution, which was adopted, requesting the Secretary of State to print 2,000 copies of the court bill, the fee bill and the assessment bill and have them stitched together.
On motion by Mr. Thompson, the bill [H. R. 332] to authorize the enlargement of the House of Refuge for juvenile offenders and appropriating $55,000 therefor, was read the third time.
The bill failed to pass, by yeas, 22; nays, 16; for want of the constitutional majority of 26.
On motion by Mr. Cave, the bill [H. R. 430] to amend sections 5 and 6 of the act authorising county boards to declare water courses navigable, was read the third time and passed by yeas, 31; nays, 6.
On motion by Mr.Carnahan, ihe bill [H. R. 447] providing for enclosing overflowed lands, to amend section 1 of the act in relation to the change of public highways, approved in March, 1867, was read the second time.
Mr. Williams moved to dispense with the constitutional restriction, that the bill may the read the third time now.
The motion was agreed to, the bill was read the third time and rejected by yeas, 16; nays. 20.
On motion by Mr. Slater, the bill [H. R. 208] to legalise the acts of the trustees of the town of Mooresville, was read the third time and passed by yeas, 31; nays, 7.
On motion by Mr. Steele, the message from the House announcing its refusal to concur in the Senate amendments to the bill [H. R. 213] concerning cruelty to animals was taken up and the Senate receded from its amendment.
On motion by Mr. Friedley, of Lawrence, the joint resolution [H. R.] requesting and instructing Indiana Congressmen to restore certain soldiers to their original position in the army, was read and passed the Senate by yeas, 34; nays, 0.
Mr. Bunyan, from the Committee on Rights and Privileges, returned the bill [H. R. 272] concerning and regulating the sale of mineral oils and other illuminating substances, with an amendment.
On motion by Mr. Gooding, the report was laid on the table - 19 to 3.
On motion by Mr. Taylor, the bill [H. R. 524] to legalize contracts of railroad companies for the use of their tracks by the trains of each other, and to ratify bona fide contracts for such purposes heretofore made, was advanced through the several readings and passed , the Senate by yeas, 26; nays, 10 - under a dispensation of the constitutional restriction.
On motion by Mr. Williams, the message from the House refusing to concur in certain amendments to the specific appropriation bill [H. R. 535] was taken up.
Mr. Taylor moved to concur in all the amendments of the House.
On motion by Mr. Friedley, of Lawrence, the Senate receded from the amendments allowing the Indianapolis Journal Company $500 for papers furnished, and Henry Crawford $500 for Attorney's fees, and to the Indianapolis Sentinel Company $530 for papers.
On motion, the Senate concurred in the House amendments rearranging the Burson election claims; also in the allowance for the funeral expenses of the door-keeper of the House; also the $5,000 appropriation to the Southern Prison; also $5,000 to the Northern Prison ; also for additional allowance to the Warden and the Deputy Wardens of the Southern Prison and Northern Prison: also cutting down the allowance to Patrick Shannon from $6,000 to $2,000.
Mr. Sleeth offered a resolution, which was adopted, authorizing the Lieutenant Governor to draw his warrant on the Auditor for the claims of the Sentinel and Journal Company for papers furnished.
On motion by Mr. Taylor, the House message concerning the general appropriation bill [H. R. 531] was taken up and the Senate receded from two of its amendment first referred to.
A motion to recede from its amendment striking out the appropriation to the Blind Asylum was rejected by yeas 18 nays 24. The Senate refused to recede from its next amendment.
The Chairman with several members of the House Committee on Ways and Means, appearing at the door of the Senate, and being announced by a doorkeeper and recognized by the presiding officer, (Mr. Fuller in the Chair,) Representative Kimball stated that the committee had been appointed as a Committee of Free Conference on the part of the House on the disagreements between the two Houses on the general appropriation bill.
On motion, the Senate refused to recede from its amendment striking out the appropriation of $80,000 to the State University.
On motion, the Senate refused to recede from its amendment striking out the Quartermaster General's allowance of $300, and its amendment striking out the allowance of $15,000 to the Normal School.
On motion, the Finance Committee was appointed a Committee of Free Conference on the part of the Senate.
Mr. Slater introduced a bill [S. 348] to repeal the dog law.
On motion by Mr. Brown, it was made the special order for Monday morning.
Mr. Dittemore offered a resolution that the employes other than the Pages be allowed $100 each.
On motion it was made the special order for Monday at 10 o'clock.
Mr. Dougherty, from the Committee of Free Conference, reported that the House recedes from the Blind Asylum appropriation, and from $10,000 of the appropriation in relation to the State University, from its refusal to concur in the Senate amendment requiring State officers to render an account of contingent expenses, etc., etc.
The report of the committee was concurred in.
Mr. Scott moved that the bill [H. R. 410 be put on its passage.
Mr. Dittemore raised the point of order that the hour of 12 o'clock midnight having passed, no bills can be passed into laws.
Mr. Scott withdrew his motion.
The Senate, Saturday evening, was enlivened by the following interchange of courtesies:
Mr. Brown. I see that the Governor of the State is present. I move that he be presented to the Senate by the Lieutenant Governor. [Applause.]
The Lieutenant Governor. It is taken by consent. I shall be most happy to perform that service. (As the Hon. Thomas A. Hendricks was advancing towards the President's chair): Gentlemen of the Senate, I have the distinguished honor of presenting to you the Governor of the State. [Applause.]
Governor Hendricks. Mr. President and Gentlemen of the Senate: - I am glad your labors are now approaching completion with such marked success. It has been a pleasure to me to have been associated with you in the labors of the last few weeks. I hope these labors will result in great benefit to our State in all our interests. I believe, as far as I have been able to judge, that you have pursued your labors with a single purpose for the good of the State; and as far as my duties have been mingled with yours, I know I have brought to that labor the same singleness of purpose for the public good. When you leave these halls on Monday night, I hope you may return to happy homes. [Applause.]
Mr. Brown (in yielding to the persistent demand) said: The sentiments expressed by the Chief Executive of the State of Indiana, I think I may say, finds a hearty response in the breast of every Senator present: and as I am about to take my leave of the Senate forever I avail myself of this occasion to express my feelings of goodwill and friendship to each one of you; and if the heat of controversy I have said anything page: 256[View Page 256] that has wounded the feelings of any I make this my humble apology. Thanking Senators for calling upon me to respond to the sentiments of the Governor, I make my bow.
:A message was soon after received from the House of Representatives, announcing the concurrence of that body in the report of the Committee of Free Conference on the general appropriation bill [H. R. 534].
And then the Senate adjourned until Monday morning at 9 1/2 o'clock.
