THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA
LEGISLATURE.
IN SENATE.
MORNING SESSION.
MONDAY, January 13, 1873President Friedley in the Chair.
On motion of Mr. Dwiggins, the reading of the Secretary's minutes of yesterday's proceedings was dispensed with.
PERSONAL EXPLANATION.
Mr. Dittemore. I rise to a question of privilege. I have been informed that in the proceedings of the Joint Convention, last Saturday afternoon, I was represented by the Secretary as being present and not voting for directors of the Northern and Southern prisons. Such, sir, is not the case. If the record of the vote shows that it is untrue. I was not in the hall of the House of Representatives after the vote for State Librarian had taken place, at no time from that time on to the adjournment.
The Senate refused the reading of the journal in question and the matter went over.
APPOINTMENTS BY THE GOVERNOR.
On motion by Mr. Dwiggins, a message just received from the Governor proposing, recommending and nominating the honorable Chas. F. Coffin as Commissioner of the House of Refuge, to serve from the first day of March, 1873, for a full term of four years from and after the said first day of March next, was taken up and read
Mr. Dwiggins moved that the nomination be confirmed by the Senate.
Mr. Harney. I understand this is a motion to confirm an appointment made by the present Governor of the State to fill a vacancy which will not exist until next month. I would inquire whether it is competent now to make an appointment before that time or whether it would not be more proper to make the appointment it after that time?
The President. I would state that in the opinion of the Chair it is not competent for the Senate to decide that question. That may be a question for the courts to determine. The nomination being before the Senate we can only confirm or reject the appointment.
Mr. Harney. Is it to be supposed that the Senate is not to know anything about the law and can not determine the extent to which we may plainly go on the subject? Are we not to take notice of the law?
The President. The chair has already decided that in the opinion of the chair all the Senate can do is to confirm or refuse to confirm the op-pointment.
Mr. Scott. What is the date of the expiration of the present term?
Mr. Chapman. The first day of March.
The yeas and nays having been demanded -
The President directed the Secretary to call the roll.
The nomination was confirmed by the Senateyeas, 20; nays, 14.
A message from the Governor was read, stating that in making his appointments of Trustees of the State Normal School at the last session he had inadvertently overlooked the fact that the term of Hon. Timothy Nicholson had expired. Therefore his Excellency would now re-appoint and nominate the said Timothy Nicholson as a Trustee of the State Normal School, to serve as such for four years from the 1st day of December. 1871,
On motion of Mr. Dwiggins, the nomination was ratified and confirmed by the Senate.
NEW PROPOSITIONS.
Mr. Dittemore introduced a bill [S. 173] for an act to authorize school trustees of incorporated towns and cities to sell certain property previously belonging to the civil township. [School property - the money to be part of the special school revenue.
Mr. Neff introduced a bill [S. 174] for an act defining certain misdemeanors and prescribing punishment. [Every person who shall injure or cause to be injured any fence, gate, post, house, shed, booth, tent, stand, tree or sapling on any Agricultural grounds, or any person who shall enter upon said grounds without competent authority, shall be fined in any sum not exceeding $100, and one party may be compelled to testify against another without criminating himself.
Mr. Williams introduced a bill [S. 175] for an act regulating the fees of officers and repealing forever acts in relation thereto. These bills were read the first time and severally passed to the second reading.
page: 30[View Page 30]A message from the House of Representatives announced the passage of a resolution, providing for the appointment of a Joint Committee of the two Houses of the General Assembly, to wait upon the Hon. Thomas A. Hendricks, Governor elect of the State, and ascertain at what time it will suit his convenience to deliver his inaugural address.
Subsequently, on motion of Mr. Brown, this resolution was concurred in with an amendment including the Hon. Leonidas Sexton, Lieutenant Governor elect.The President appointed Messrs. Williams, Steele and Fuller as said committee on the part of the Senate.
EMPLOYES.
On motion of Mr. Dwiggins, his bill [S. 168] supplementary to the act in relation to the organization of the two Houses of the General Assembly, regulating the number of employes, etc.-allowing two extra clerks to the Principal Secretary and two extra clerks to the Assistant Secretary of the Senate, and one page for both - was read the second time.
Mr. Dwiggins moved to amend the bill by adding a section allowing the door-keeper to appoint one assistant in addition to the number he is now allowed.
Mr. D. spoke in favor of his amendment and the passage of the bill
Mr. Steele, Mr. Neff, Mr. Harney, and Mr. Dittemore submitted remarks.
Mr. Brown moved to amend the bill by providing one messenger for the standing committees of the Senate, and one clerk for each of the secretaries of the Senate, in addition to the number now provided by law.
Mr. Williams was anxious during the special session to ascertain the number of employees, but his resolution for that purpose was voted down. He referred to the long session of 1851-2, when the present Senator from Boone (Mr. Boone) performed the sectary's work with but two assistants, and declared there was probably more clerical work performed at that session of the Legislature than at anyone session since; and concluded by expressing the opinion that there was sufficient help now provided for the present secretaries, and consequently he should oppose both the bill and pending amendments.
Mr. Boone also opposed the bill and amendments, as he saw many employes, now before the Senate, not moving a pen, but listening to this discussion with nothing else to do. He could accurately keep the entire journal of either House with the assistance of three men; and having many years experience as Clerk of the Legislative assemblies, he knew whereof he spoke.
Mr. Brown demanded the previous question.
The demand being seconded by the Senate under the operations thereof.
The amendment authorizing the principal Secretary to employ, when necessary, one clerk in addition to those now provided by law, was agreed to.
The amendment authorizing the Assistant Secretary to employ one clerk in addition to those now provided by law, was taken by consent.
The amendment proposed by Mr. Dwiggins was agreed to, as was also the additional section 4, adding providing for a messenger for the committees.
Mr. Brown moved that the bill be considered as engrossed, the constitutional restriction suspended and the bill put upon its passage now.
The motion was rejected - yeas 26, nays 9 - two-thirds not voting in the affirmative.
Pending the roll-call.
Mr. Harvey, in explanation of his vote, said he desired to see sufficient clerical force here to carry on the business speedily, and without delay, but inasmuch as the bill of last session was passed after careful consideration he would like to see the experiment tried with the present force.
The vote was then announced as above.
On motion by Mr. Brown the bill was ordered to be engrossed for the third reading.
PUBLIC LIBRARIES.
Mr. Hubbard introduced a bill [S. 176] for an act to amend section 13 of an act supplemental to the act of February 16, 1852, to establish public libraries. It was passed to the second reading.
The President laid before the Senate a communication from the Governor transmitting the report of the Adjutant General.
On motion of Mr. Dittemore the report was ordered printed with documents accompanying the Governor's message.
On motion of Mr. Gooding, the bill [H. R. 198] to amend sections 15th, 19th, 31st and 49th of the act providing for the organization of savings banks was read.
HYDRAULIC COMPANIES.
Mr, Dwiggins introduced a bill [S. 177] for an act to repeal the act authorizing the consolidation of hydraulic companies, and to define the powers of said companies, approved February 27,1871. It was passed to the second reading.
Mr. Rhodes made an ineffectual motion that the bill [H. R. 241] to give security to persons who contract with railroad companies be taken up.
AFTERNOON SESSION.
The Senate met at two o'clock.
Mr. Williams, from the joint select committee appointed to wait on the Governor elect, reported the performance of that service, and that the inaugural address will be delivered in the Hall of the House of Representatives at two o'clock P. M. this day.
NEW PROPOSITIONS.
Mr. Neff introduced a bill [S. 178] for an act regulating the fees and salaries of certain officers therein named.
Mr. Case introduced a bill [S. 179] for an act to amend section 7 of the common school law.
These bills were read the first time, and passed to the second reading.
Representatives Cauthorn and Kirkpatrick appearing at the door of the Senate Chamber as a committee from the House of Representatives, appointed to escort Senators to the Hall of the House, the latter gentlemen formally announced that the House of Representatives were awaiting the coming of the Senate.
And thereupon Senators repaired to the Hall of the House of Representatives for the purpose of witnessing the inauguration of the Governor and Lieutenant Governor elect.
When the Senators returned to their places, Mr. Harney introduced a bill [S. 180] for an act making the Township Trustee of each civil township, superintendent of the roads and highways therein, and prescribing his duties in relation thereto, and fixing a commutation tax of $2, instead of road labor; repealing all conflicting laws and declaring an emergency. It was passed to the second reading.
The President laid before the Senate a communication from the ex-Governor [Gov. Baker], transmitting reports from the State Prison, and the report of the Secretary of State. The documents were ordered printed with other documents - the usual number.
Mr. Williams introduced a bill [S. 181] for an act, declaring what officers shall be elected by the Senate and House of Representatives, defining their duties and fixing their compensation. [There shall be elected, by a viva voce vote, one principal secretary and one door keeper of each House. The clerks to receive $2,100 for each regular session and $1,400 for each special session. The door keepers to receive $2,000 for each regular session and $1,400 for each special session, in full, for all principals and assistants.
page: 31[View Page 31]Mr. Orr introduced a bill [S. 182] for an act to provide for the investment of funds detained in the hands of executors, administrators, agents, attorneys or other officers, stopped therein by litigation for more than six months. [It may be deposited in some safe bank at six per cent. interest.]
Mr. Daggy introduced a bill [S. 183] for an act to provide for parolling prisoners who may be confined in any county jail, for the non-payment of any crime assessed for a public offense.
Mr. Daggy introduced a bill [S. 183] for an act concerning the granting of pardons by the Governor. [When application is made for a pardon from the penitentiary, the Governor may grant a pardon, revocable at the pleasure of the Governor.
Mr. Hubbard introduced a bill [S. 185] for an act to authorize Judges of Circuit and Common Pleas Courts to grant injunctions in actions pending in adjoining counties, where the Judges are disqualified to hear and grant motions for injunctions.
These bills were read the first time, and passed to the second reading.
On motion by Mr. Gooding, his bill [S. 160] to amend the act of Feb., 3, 1832, incorporating the Lawrenceburg Insurance Company was read the second time and laid on the table.
On motion by Mr. Rhodes, the House concurrent resolution for a joint committee to provide for a respectful hearing from the representatives of the American Woman's Suffrage Association, was read and concurred in.
The President subsequently made Messrs. Sleath, Rhodes and Gregg said committee on the part of the Senate.
Mr. Rings introduced a bill [S. 186] for an act to abolish the Common Pleas and Criminal Courts of this State, and conferring the business and powers thereof upon the Circuit Courts: and establishing a Surrogate Court in each county, [the surrogate to hold office for six years upon appointment by the circuit judge.
Mr. Scott introduced a bill [S 187] for an act to amend Sec. 1 of an amendment to the act for the regulation of weights and measures. It provided that sixty pounds of wheat, fifty-six pounds of shelled corn, seventy pounds of corn on the cob, seventy pounds of buckwheat and fifty pounds of corn meal shall be a bushel, and that 2,000 pounds shall be given for a ton.
On motion of Mr. Dougherty, his bill [S. 62] to amend the charter of the town of Bluffton, was read by title for its second reading under a dispensation of the constitutional restrictions.
On motion by Mr. Dougherty, the bill was considered as engrossed, read the third time and passed by yeas, 34, nays, 0.
NEWSPAPERS.
On motion of Mr. Dwiggins the report submitted on Saturday from the committee appointed to consider what number of newspapers should be taken, if any, was taken up. Mr. Dwiggins moved to concur in the report.
Mr. Dittemore moved to lay this motion on the table, which was agreed to by yeas, 20; nays, 17.
Mr. Brown moved to amend the report by declaring that whereas there are some $2,000 worth of stationery on hand and paid for in the Secretary of State's office, that enough of the same be distributed to members of the Senate to enable them to propose bills and amendments. Tabled.
Mr. Brown moved to reconsider the vote just taken and to lay this motion on the table.
The latter motion was agreed to by yeas, 21; nays, 19.
Mr. Brown moved to suspend the order of business that he might introduce a resolution. Which was agreed to.
Resolved That the Doorkeeper be hereby directen to place one copy of the Indianapolis Journal and one copy of the Indianapolis Sentinel on the desks of each Senator each morning.
Mr. Glessner offered a substitute striking out one and inserting three copies each of the Daily Journal and Daily Sentinel.
Mr. Fuller made an ineffectual resolution to lay the substitute on the table.
Mr. Dwiggins made an ineffectual motion yeas 15, nays 25, to adjourn.
Mr. Brown moved to amend the substitute by striking out the word "two" and inserting the word "four," and adding at the end the words "and stamped."
At the suggestion of Mr. Steel, Mr. Brown added the words "provided it be done for five cents a copy." Before yielding the floor he demanded the previous question.
Mr. Sarnighausen applied to the Senator from Jackson [Mr Brown] to include four copies of the Daily Telegraph and the Volksblatt.
The previous was seconded by the Senate.
The amendment [Mr. Brown's] was agreed to by yeas 21, nays 20.
The substitute as amended was agreed to by yeas 22, nays 13as follows:
Yeas - Messrs. Beggs, Bird, Bowman, Brown, Carnahan, Cave, Daugherty, Dittemore, Francisco, Glessner, Gregg, Hall, Oliver, Rhodes, Ringo, Slater, Smith, Steele, Stroud, Wadge, Williams and Mr. President - 22.
Nays - Messrs. Armstrong, Beardsley, Boone, Bunyan, Chapman, Daggy, Dwiggins, Fuller, Friedley, of Scott, Harney, Haworth, Hough, Howard, Hubbard, Miller, Orr, Sarnighausen and Scott - 18.
Messrs. Dwiggins, Gregg, Harney, Orr, Rhodes, Scott, Steele, Wadge and Carnahan explaining their votes.
Mr. Brown moved to reconsider the vote just taken and to lay this motion on the table.
The latter motion was rejected - Yeas, 20; nays 20.
The Senate adjourned till 10 o'clock to-morrow,
