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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE

IN SENATE.

MORNING SESSION.

The Senate met at nine o'clock A. M.

The President pro tem, Hon. George W. Friedly, in the chair.

Mr. Fuller offered a resolution of thanks to the Lieutenant Governor, which was adopted, nem. con. as follows:

Resolved, That his Excellency, the Lieutenant Governor, the presiding officer of the Senate, is justly entitled to the thanks of the Senate for the honest, faithful and impartial manner in which he has conducted the business of the Senate during the present Session.

Mr. Boone, from the joint select committee appointed to examine the books, vouchers and reports of the Superinteridam, of Indiana Solders' and Seamens' Orphans' Home, reported that they had discharged their duty and found them all correct.

Mr. Wadge offered a resolution, which was adopted, allowing the Committee on Prisons $30 each for visiting the prisons.

Mr. Gregg offered a resolution as follows:

Resolved, That the Secretary of State be and is hereby directed to have bound in the usual style the brevier reports of the proceedings and debates of this General Assembly, and cause the same to be distributed equally among the members thereof at as early a day as possible.

Adopted.

The Lieutenant Governor laid before the Senate a report from the Attorney General of acts done by him.

The Chair also presented a communication from the Attorney General, transmitting a report of the trustees of the Vincennes University, reciting the difficulties which they had experienced in conducting the affairs of the University, acknowledging that they had failed to comply with the law requiring them to maintain certain professorships, but pleading inability as a consequence of acts of the State as an excuse.

Mr. Dittemore offered a resolution allowing $3 a day to a boy for acting as messenger to the Doorkeeper of the Senate.

The yeas and nays being demanded; after the roll call was commenced, for fear it would discover no quorum present, and thus adjourn the Senate, sine die.

Mr. Dittemore asked and obtained leave to withdraw his resolution.

The Governor returned the bill [S. 74] legalizing: the acts of County Commissioners in certain cases, with his objections thereto.

On motion by Mr. Fuller the House amendments to the joint resolution [S. 16] in reference to the conduct of suits against railroad corporations on behalf of the State by the Attorney General, with the House amendment, providing: for the dismissal of such suits on the direction, in writing, of the Governor and Lieutenant Governor, was taken up, and the amendment was concurred in.

Mr. Orr offered a resolution, which was adopted, requesting committees and members of the Senate to return all bills to the files of the Senate.

Mr. Gooding offered a resolution of thanks to the President pro. tem. of the Senate. Adopted.

Mr. Dittemore offered a resolution authorizing Senator Wadge to accompany the Attorney General on his mission to Springfield, Ill., in regard to the Calumet dam matter, and that he draw pay for his necessary expenses.

Mr. Rhodes moved to limit the amount to be drawn from the State treasury by Senator Wadge to $50. Adopted.

On motion by Mr. Scott the resolution with reference to plans and specifications for a new State House was taken up and amended by making it a concurrent resolution, and by striking out in several places words objectionable to certain members, viz: all that provides the committee shall visit other capitals, and all in reference to pay to committee men. Adopted.

Mr. Wadge offered a concurrent resolution in relation to the Calumet darn, which was adopted.

Mr. Sleeth, from the committee on claims, returned a claim for repairs on desks, with a recommendation that the Senate certify to the same, and the auditor pay therefor. Concurred in.

On motion by Mr. Steele, the auction sale of committee furniture was postponed till to-morrow at ten o'clock A. M.

Mr. Friedley, of Lawrence, offered a resolution page: 266[View Page 266]Switch to Image ModeCLOSE Page 266 allowing $30 to each of the members of the Committee on Education, to pay the expenses of their visit to the Normal School at Terre Haute.

Mr. Dittemore moved to reduce the amount to $15.

On motion by Mr. Daggy, the resolution was amended so as to apply only to those members of the committee who went. Amendment agreed to and adopted.

Mr. Harney had leave to withdraw his road bill [S. 108] from the flies of the Senate.

Mr. Brown called up the special order, being Mr. Slater's bill [S. ] to repeal the dog tax law.

On motion by Mr. Friedley, of Lawrence, the reading of the bill was dispensed with that the Senator from Franklin may be heard at once.

Mr. President. Many moons ago, I was requested by a venerable rural constituent of mine, old father Petty, to plead for an abatement of the yearly tariff upon his "old dog Tray," the faithful protector of his domestic hearthstone, and the saving clause of his poultry yard from the encroachments of the 'possums and coons which grow corpulent by feeding upon his feathered brood. That my voice should be raised on behalf of his "dog" was, in fact, one of the conditions and contingencies under which I received his suffrage for the honorable position upon this floor and in approaching the momentous question which has engaged the attention of the wisest, best and purest statesmen of Indiana, since she first emerged from the maidenhood of territorial innocence into the blooming maturity of years crowded into the halo of matronly grace. I feel my utter inability to do justice to the subject, and freely confess to a degree of embarrassment I never felt before.Then, notwithstanding my pledge to my old friend Petty, I am at a loss which side of this proposition to advocate.

What the Englishman is to the Italian, what the Italian is to the Hindoo, what the Hindoo is to the Bengaliese, and what the Bengaliese is to other Bengailese, that is this bill to the enlightened constituencies which are represented in this Senate by the selected wisdow of the commonwealth.

And I fain would wish that I might dip my pen in the red and seething lava that is thrown from the overloaded stomach of sick and vomiting Versuvius and writ upon the scroll of the broad and glittering fermament, the deep and consuming thoughts of indignation that swell and burn in my passionate bosom when I reflect upon the want of interest with which this bill is treated by Senators upon this floor. We are, sir, discussing the question of "dog," and perish the base thought that I, the boon companion of dogs since the assumption of my legislative career, should fail to raise my voice, and, in the name of the majesty of the State, and by the lingering and sacred memory of the huntsman and the hound, invoke your gravest consideration to the measure before us.

Dogs! How glowing the theme! The council of the brave and reverend Senators of Rome, in the days of her republican glory, never considered a subject so potent for the destruction of fleas, and the protection of sheep.

Byron, the poet of excellence or romance has sung the praises of his canine friends in words of poetic melody; and we all know how sweet it is:

• "Hear the watch dog's honest bark,
• Bay deep mounted welcome as we draw near home,
• To know there is an eye to watch our coming,
• And look brighter when we come."

And, sir, I'd rather be a dog myself - [voices"Consent,"] and bay the moon, than fail to give the just meed of pity or praise to the decendants of that toothless, decrepid old "Dog Tray," who, born of "poor though honest parents," tarnished a record of a long life of usefulness by one ill considered act.

Why, sir, over his last resting place over the sepulchral home which shelters all that was mortal of him. I shed the tear of bitter sorrow, and I feel in my heart of hearts that if I should on this occasion hesitate to do justuice to his blighted but still instructive memory, I should encounter such a storm of righteous and indignant reproach as no mortal ever knew before. The lean and mangy whelpwith "hound mongrel, and cur of low degree," all over our broad land"the best and freest the sun ever shown upon," would join in the chorus and send me "kiting" down the twilight shades of dire oblivion.

Sir, I know dogs. I had a dog once, a benchleg fiste and of her anon. I was raised with dogs. How often, oh how often, in the days that have gone by, I have hied me to my rest with their pictures in my eye. I have laid down with dogs, and have invariably thereafter gotten up with fleas. They - I mean the dogs - were the first and dearest playmates of my guiltless and unsuspecting youth

I have often in my boyhood's sunny time, wandered with them through the forest, hushed so still with mournful silence that the singing whippoorwill scarce knew his notes; through fields rich and golden with colors from nature's royal dye-works; on the pebbly beach of lakes that rested like dazzling breast pins upon the bosom of the landscape, and by the still bright banks of the Ohio, which, wending its way through many a charming woodland dell sang sweet saluting songs to the Father of Waters which it sought.

I hope gentlemen will not laugh and make light of this subject, for, sir, it transcends in importance all the legislation of this country since the adoption of the Fifteenth Amendment, not excepting my own resolutions of inquiry into the "raised vouchers."> >[?The draining law dwarfs into insignificance before it; the act for building a new State House hides its diminished head; the temperance bills are mere bagatelle; and the million dollar canal grab a mere song.In this solemn hour of our State, brought about by the imperilled situation of this bill, in this hour of sadness, darkness, doubt and gloom, let us take counsel of our judgment and not of our fears, and acquit ourselves in a manner that will show to the world that 'tis moral grandeur makes the mighty man.

By hasty legislation we may cur-tail the life, liberty and pursuit of happiness of our canine population, privileges guaranteed to them by the bill of rights, inherent and inalienable in every dog.

Let us stand upon our own responsbility and poise ourselves upon our magnaminity like Mount Atlas when storms and temptests thunder at its brow and oceans break their billows at his feet.

I have not yet finished my panegyric upon the dog. Were I a Cicero, a Burke, a Webster, or even approachingly eloquent as the Senator from Grant in his panegyric upon political graves. I would carry you upon wings of seraphic eloquence, musical with silvery tongued accents of divinest beauty, to the vast solitude of a forest dell, under the umbrageous foliage of some tall sycamore, upon the banks of Coon Creek, where my dog "Daisy" gathers around her, her orphan litter of thirteen pups, and with maternal tenderness tells them of their dear departed father.

Were I a Homer, a Milton or a Moore, how sweet indeed would be the lines of sparkling poetry in which my "Daisy's" virtues should be told; where if I were only a Beethoven, I'd set those lines to music, and the fair, sweet singer, Nilsson, assisted by the Senator from Owen, should warble them forth upon the hushed and listening breeze to greet our enraptured senses and charm us with the sublimity of song. And, sir, the brightest intellects of other lands have taken a page: 267[View Page 267]Switch to Image ModeCLOSE Page 267deep interest in the welfare and longevity of our canine population; for, sir, I am indebted to Joe Colcord, of St. Louis, one of Missouri's ablest state men, for many of the finest points of my remarks to-day.

This question belongs, not like Dodo, or the Tuneful Swan, to the days of fiction or of fable. No, Mr. President, the little, fleecy lap dog, whose envious and desirable habitation (usurped domes that rightfully belong to man) in the arms of her who is rarest and fairst of Jehovah's earthly handiwork, the last being of God's creation, made after the heavens and the earth, sun, moon, stars and angels - an improvement on them all. Before her invention, the little garden upon the banks of the Euphrates was a desolate wild, and man, the hermit, sighed and dug his potatoes in silence and solitude, and I marvel not that the Senators from Elkhart, Adams, Vermillion, Dearborn and Washington, should desire a treble tariff to cur-tail the privileges of each and every poodleistic pup. They are unlucky dogs, on whose cheerless life no woman's loving smile has ever fallen. 'Tis their own fault that they have no radiant little butterfly to rule at their home circle and run them in debt at the dry goods stores.

Mr. President, I love to dwell upon this subject, and I hope the bold, original, unique, and independent Senator from Marion, who has dipped his laurels in immortality, and whose name will go tumbling down the ages, linked with Sumner, Thad. Stevens, and Fred Douglas, in favor of the propagation of wool, will forego his predilection for that great staple of the Radical party long enough to do justice to the numerous progeny of the lamentable Tray.

Sir, I love mutton-chops, but I cannot forgo my predilections for dogs. My lamb-like nature has inherited and matured a political antipithy for wool, and as legislation for the last decade, all over the broad land, has been founded upon fanaticism, passion and prejudice, I will not say: "Dogs, go back to your kennels from whence you came, and say I sent you! I'm none of you your bones are marrowless and your blood is cold. Henceforth, until I cross the dark river, and moor my bark upon the Echoless shore, there is eternal war between you and me." No, Mr. President, I can not say this. But the wide gulf which divides me and the Southdowns I have closed. I have burned my ships behind me, landed on the soil of the enemy, drawn my sword for the conquest and thrown away the scabbard.

Like the young knight of Ivanhoe, or brave Richard of the Lion Heart, I shall fight in this war between dogs and sheep, a war that has no parrallel in the intensity of its bitterness, except in that long and sanguniary contest between the houses of York and Lancaster, between the white rose pale as death and the red rose red as blood; and if I fail it will be like the good King Godfrey, of the Crusades, I will be down in full harness, panoplied all over with the glories of war. The mastiffs, ratters, pointers, and poodles must, and, by the eternal shall, be preserved.

I know that this Senate will repeal the tariff upon my old friend's faithful watch-dogs. The civilization of the age demand it. A consummation devoutly to be wished the extirpation of the great radical party, which covers its nakedness with wool, and to whom that staple product is food, meat, drink, votes, and "gruel for the sick folks," demands it. The lessons of all history, the teachings of philosophy from Plato and Socrates to Frichie and Hogel, directs us to this high vantage ground of progress. The future beckons with jeweled finger, leading us to the grandest consummation of the ages, and we will repeal this dog law.If I fail in this irrepressible conflict, in which we must become all dogs or all sheep, then , oh, shade of the sainted Rover; spirit of Fido, my best beloved poodle, buried, (but not forgot) in the twilight of years long ago, avert your heads and invert your tails for grave political considerations demand that our heart's best blood shall form the theme for fact and fiction in the unforgotten love of future ages.

The House concurrent resolution in relation to the care and custody of the public grounds was read, amended and passed.

Mr. Hall offered a resolution directing the Secretary to collate the number of petitions for and against the temperance law to the present Legislature, the number of petitioners to be set forth by counties.

Mr. Sleeth moved to amend so as to show the number of petitions that came here asking for the passage of the House bill without amendment.

The resolution was amended so as to request the Committee on Temperance to turn over all petitions to the author of the pending resolution, and as so amended it was adopted.

Subsequently Mr. Hall submitted the following:

Mr. President: The undersigned to whom was referred the petitions and remonstrances for and against the passage of a temperance law, submits herewith a detailed statement showing the number of petitioners as 32,596. Those who petitioned for a law numbered 28,421. Those who petitioned against a law 4,175. It is but just and fair to state that not more than one half the petitions for the passage of a law are in the possession of the Senate Many of the members having the petitions from their own counties in their possession and unwilling to give them up; others have been destroyed. I do not think it overstated to say that 60,000 of the citizens of Indiana have during the late session petitioned the legislature for a good temperance law. Very respectfully yours,

ABEL W. HALL,
Senator from Clark and Floyd.

Mr. Thompson offered a resolution directing all bills heretofore laid on the table to be placed on the files of the Senate.

Objection being made, he withdrew it.

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The Lieutenant Governor announced the consideration of the special order, being the report from, the joint committee appointed to propose amendments to the constitution.

Mr. Dittemore moved to strike out the word "male" where it occurs in the Qualification for voters. Tabled.

Mr. Gregg moved to strike out the condition for a three months residence in a county previous to voting, and insert in lieu thirty days. Rejected.

The amendment proposed by the committee denning the residence at six months in the State and three months in the county was agreed to by yeas 25, nays 14.

A message from the House announcing the passage of a joint resolution proposing amendments to the constitution was now received, and on motion by Williams taken up. The first clause being read, an amendment to section 14, article 2

Mr. Williams moved to amend so that the State election shall be on the same day with the Presidential election, unless otherwise changed by law, and on his motion the joint resolution was referred to a select committee with instructions to consider it.

Mr. Friedley, of Lawrence, called for another vote on the proposed Committee amendment to the second section of article 2 of the Constitution so as to require a residence of twelve months in the State and three months in the county before voting.

The second vote on this proposition resulted: yeas 28, nays 9. The Senate then adjourned till two o'clock P. M.

AFTERNOON SESSION.

Mr. Wadge, from the special committee appointed to investigate the charges made that money was being used to influence votes on the temperance bill, reported that they were made on indefinite rumor, and that the testimony shows that no money was raised for that purpose. Concurred in.

Mr. Williams, from the special committee thereon, returned the joint resolution [H. R. 22] providing amendments to article 2, section 14, of the State Constitution, with amendment inserting the words, "on the first Tuesday after the first Monday in November, until otherwise provided by law." Concurred in, and this amendment was subsequently adopted by the Senate.

The House concurrent resolution directing the Secretary of State to have printed 1,000 copies of the judicial court law, and 500 copies of the fee and salary act, was taken up.

Mr. Sleeth moved to add the temperance law.

Mr. Smith moved to lay the motion on the table.

Mr. Brown suggested that the laws in reference to the changes in the practice act should be included. The amendments were withdrawn.

The House resolution was concurred in.

A joint resolution proposing to amend the Constitution of the State was now reported from, the House of Representatives and immediately taken up for consideration.

Mr. Smith moved ineffectually to strike out twelve and insert six months residence in the State as the qualification of a voter.

Mr. Gregg moved ineffectually to strike out three months and insert one month residence in the precinct.

The first part of the resolution was then agreed to by yeas 30, nays 6.

A message was received from the Governor returning the bill S. 48 with his objections thereto.

The Senate now adopted the amendment reported by the special Committee thereon, and so amended sections two and fourteen to the joint resolution [H. R. 23] and the joint resolution, as amended, was also adopted by yeas 32, nays 4.

The Senate now returned to the consideration of the joint resolution, H. R. 22.

The clause striking out section five of article two, to-wit: "No negro or mulatto shall have the right of suffrage," was agreed to by yeas 28, nays 8.

The clause striking out the word "white" in section four, article four, was also agreed to by yeas 28, nays 9.

The clause striking out the word "white" in sections 5 art 4, was agreed to - yeas 28, nays 8.

The clause amending section 18, article 4, by striking out "two-thirds" and inserting a "majority" in lieu, was rejected. Yeas 23. nays 15.

The clause amending section 2 and 6. increasing the Supreme Judges, not less than five and not more than seven.

Mr. Daggy moved to strike out of act 7, sections 1, 6, and 7, inclusive; all relating to a Supreme Court.

On motion of Mr. Smith, it was laid on the table. Yeas 20, nays 7. This clause of the joint resolution was agreed to by yeas 31, nays 7.

The clause of the joint resolution striking out article 13 and substituting an article similar to a provision in the courts of Iowa providing thai civil corporations shall not vote a tax upon themselves or incur a debt above five percent, of taxables; was agreed to by yeas 34, nays 4.

Mr. Daggy proposed an additional resolution amending section 14, article 2, so that all elections by the people shall be by ballot, and all elections by the General Assembly, or either branch thereof, shall be viva voce. Laid on the table.

Mr. Dittemore offered a resolution that it is the sense of the Senate that the word "male," in the first section of the joint resolution, should be stricken out.

The Lieutenant Governor decided this out of order, the Senate having voted in favor of retaining the section.

Mr. Dittemore moved to reconsider the vote by which the Senate agreed to the section confining the right of suffrage to males.

r. Smith moved to lay the motion to reconsider on the table. The latter motion was agreed to by yeas 20, nays 14.

Mr. Gooding moved to amend, similar to Mr. Daggy's above, adding a provision that the General Assembly may pass laws for the registry of votes and numbering of ballots.

Mr. Daggy moved to amend the Joint Resolution by adding sec. 22 to article 7: that elections may be provided for by the General Assembly to take place at a time when no political question is pending. Agreed to. Yeas 16, nays 11.

The title "a Joint Resolution proposing amendments to the Constitution of Indiana" was adopted.

On motion by Mr. Thompson the House concurrent resolution authorizing the expenditure on improvements on the House of Refuge, any excess of appropriations for current expenses.

Mr. Ball moved to amend by adding the words, "to the House of Refuge."

Mr. Gooding offered a concurrent resolution that the Governor of Indiana and Secretary of State build an additional building on the ground now owned by the State, provided it shall not cost more, than $500,000.

Mr. Daggy offered a substitute, that the Asylum building be in the same place as the present one, and making the Superintendent advisory thereto.

Mr. Gregg moved further to amend by authorizing these State officers to use the Womens' Reformatory buildings for the care and treatment of the insane.

Mr. Harney moved to lay all this matter on the table.

The motion was rejected - yeas 10, nays 24.

-The amendment, Mr. Gregg's, now coming up -

Mr. Sleeth moved to amend it by inserting an appropriation of $10,000.

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Mr. Gregg accepted this amendment. Agreed to - yeas 25, nays 12.

The question recurring on Mr. Daggy's amendment -

Mr. Scott moved an amendment pledging the faith of the State to repay any money that may be expanded under this resolution before the assembling of the next General Assembly. Agreed to.

Mr. Dittemore offered a resolution that all the employes of the Senate be allowed fifteen days extra pay.

The yeas and nays were demanded, and being ordered and taken, resulted - yeas 13, nays 14; and the resolution was rejected.

Mr. Dittemore demanded a call of the Senate, and it was ordered. While progressing.

Mr. Gooding moved to dispense with further proceedings in the the call. Agreed to.

Mr. Thompson offered a resolution ordering the President to draw his warrant on the treasury for $50 for a calendar prepared by O. M. Wilson - session of 1871.The Lieutenant Governor decided it out of order.

Messrs, Geo H. Slater and Chapman were appointed the committee on the part of the Senate under the joint resolution about the new State House.

Mr. Bird offered a resolution for a committee of three to wait on the Governor and ascertain if His Excellency has any further communication to make to the Senate. Messrs. Bird, Daggy and Thompson were appointed.

Mr. Gooding offered a resolution directing the President of the Senate to draw his warrant to pay clerks who worked on copying the journal during ihe vacation.

Mr. Gooding moved to amend by fixing the time at ten days. Agreed to.

The resolution so amended was adopted.

Mr. Chapman moved to reconsider the vote just taken.

On motion by Mr. Dittemore, the latter motion was laid on the table - yeas 14, nays 10.

Mr. Dittemore offered a resolution requiring the proceeds of the sale of furniture to be credited to the State House fund. Adopted.

Mr. Bird, from the committee appointed to wait on the Governor, reported that His Excellency has no further communications to make to this General Assembly.

A communication was received from the House of Representatives announcing that that body was ready to adjourn sine die, and asking if the Senate has any further communications to make.

On motion of Mr. Gooding the House amendment to the resolution for printing certain acts was taken up and concurred in.

Mr. Harney offered a concurrent resolution declaring the intent of the acts appropriating money for salaries to mean that the amounts fixed thereon, are to be in full of all claims.

Mr. Daggy moved to amend by adding it shall be in full for their said salaries and other appropriations made in the specific bill. Agreed to, and the concurrent resolution as amended was adopted.

Mr. Scott offered a resolution allowing the doorkeeper to retain the bed furnished for a night guard. Tabled.

Mr. Sarnighausen offered a concurrent resolution that this General Assembly do adjourn sine die.

Subsequently, a message was received announcing that the House of Representatives had adjourned sine die.

Mr. Gregg moved that the Senate do now adjourn sine die.

The Lieutenant Governor then said: I can not consent at this time to detain the Senate with any remarks. I know you are tired and more than tired in the performance of your duties and should not be detained much longer. The hour is late, but allow me to express my gratitude at the uniform kindness extended by you to me during the progress of your business. I confess, as far as I am concerned, that our communications have been of such a character that there has been nothing to disturb the uniform courtesy. I hope we may all live to return and meet at a session two years hence, and I hope that you may all now find your home affairs in a pleasant condition. I bid you adieu. And so closed the proceedings of the Senate in the regular session of the Forty-eighth General Assembly of the State of Indiana.