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.
