THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA
LEGISLATURE.
IN SENATE.
MORNING SESSION
TUESDAY, Jan. 15, 1873President George W. Friedley in the chair.
The reading of the Secretary's minutes of yesterday's proceedings was interrupted by the entrance of members of the House of Representatives, appearing to witness the inauguration of the Hon. Leonidas Sexton as Lieutenant Governor of the State of Indiana.
Order having been restored, the President of the Senate (the Speaker of the House sitting on his left) said: Gentlemen - I take pleasure in announcing that the Hon. Leonidas Sexton, Lieutenant Governor elect of the State of Indiana, is now present and ready to receive his oath of office. He will be sworn in by the Hon. Alexander C. Downey, one of the Judges of the Supreme Court.
The Hon. A. C. Downey then administered the oath of office to Mr. Sexton - both standing with uplifted hands in the following words:
"You do solemnly swear that you will support the Constitution of the United States and of the State of Indiana, and that you will honestly and faithfully discharge your duties as Lieutenant Governor of the State of Indiana, so help you God."
The President of the Senate. Gentlemen, I take pleasure in presenting to you the Lieutenant-Governor of the State of Indiana. [Applause.]
The Lieutenant-Governor then taking position toy the side of the President's chair, spoke as follows:
Gentlemen of the Senate:
I enter upon the duties of presiding officer of the Senate with many misgivings as to my ability to perform them, to your satisfaction.
To you, gentlemen, all having had much experience in the business of legislation, those duties are simple and of easy accomplishment; but to one wholly unused to them, they do not appear free from difficulties. I shall be agreeably disappointed if, like many other anticipated troubles, they shall disappear as they are approached. But I shall probably often be led into errors of judgment, and in advance of them, I solicit both your forbearance and kindly assistance. The methods by which you are to proceed in the performance of your duties as Senators,when there are not constitutional provisions, are to be found either in that body of common parliamentary law, used by deliberative assemblies every where, or in those rules which yon have adopted for your own government. In either case you will expect those rules to be observed with reasonable strictness, and so far as it depends upon me, I shall endeavor to enforce them with exact fairness to all, remembering, that, in this matter of rights, Senators are upon an exact equality. It is your authority I am called upon to maintain; to see that Senators are decorous toward each other; that discussion and action shall be free according to your own rules - all of which are necessary, to the end that your sessions may be rendered pleasant to yourselves, and that the needed legislation of the State be speedily and certainly accomplished. Your standing as Senators - the dignity of your position as representatives of great and intelligent constituencies, to say nothing of your personal comfort, will require from you a cheerful and prompt support, in all efforts to forward these objects.
After the expiration of the ten minutes, the Lieutenant-Governor called the Senate to order, and said as a matter of convenience to himself, he would ask Mr. Friedley to take the chair.
It is not my province to recommend to you such measures as I may deem expedient, nor to give you information touching the affairs of State, nor do I assume to do so; yet I may without impropriety, congratulate you upon the favorable auspices under which you have assembled. We have just closed an interesting chapter in our State history. The retiring State Administration may well be proud of what has been done in the interests of the people and for the honor of the Commonwealth. The State is substantially out of debt, and altogether her finances are in a good condition, and the State credit highly satisfactory. Those great public charities required by the Constitution are all in successful operation, and others have have been projected and in progress of completion,or awaiting the further action of the Legislature. Our common school system is more perfect than ever before, and is perform- page: 37[View Page 37] ing its mission so thoroughly and so well that it has overthrown its early opposition and fastened itself upon the hearts of the people; while our courts, supreme and inferior, are accomplishing their work in a manner generally satisfactory. So that it is not far from the truth to say, that in Indiana, at least, the purposes for which States are organized, are reasonably well performed. But the changes constantly made in a great and growing State, requires that the Legislative power should in the exercise of its functions, keep pace with the changing condition of society, and provide for every new want; so that while we may not hope for an end of legislation, we may at stated periods say: That every unfortunate is provided for; every child has the means of education; that every citizen is protected in his rights; that violations of the law are duly punished, and public morals maintained. So we may say to our retiring State officials, your work has been well and faithfully done, and you are entitled to too favorably remembered by a gratified people. And only yesterday we have inaugurated a new State government for a period of four years. At its head is a gentleman whose reputation as a statesman, in other departments of government, has outrun the limits of his own country, and gone forth to the nations of the earth: and he will be anxious not only to maintain that reputation, but to add to it, by suggesting and carrying forward in this new governmental employment such measures in behalf of the people and State as will vie with, if not outshine, anything done by any of the illustrious men who have preceded him in his high office. Such recommendations as he from time to time shall have to make to the Legislature, having in view the welfare of the people of the State, are entitled to your careful consideration, and if they meet the approval of your judgment, should be met with a cordial and liberal support by the legislative branch of the State Government. He has been indorsed in a legal and constitutional manner by the people, in his election to the highest office known to our State laws, and opposition to him, based solely on party grounds, should be put aside in that friendly, nobler, and more patriotic contest likely to ensue, in which each party shall put forth every exertion, having in view only the good of society and the lasting welfare of the people. While Senators are not expected to forget their immediate localities and constituencies, nor yet their party affiliations, they are to remember they are State Senators, and that laws enacted by them are not circumscribed by the lines of a single county or district, nor do they effect only a few thousand citizens living therein; but that on the contrary, those laws are in force from the Miami to the Wabash, and from the Ohio to the lake, and affect, favorably or unfavorably, the interests of nearly two millions of free people. These considerations require at your hands an enlarged and liberal view of your high position as State Senators, and appeal with power to your high sense of honor as well as patriotism. We rejoice at the present well being of our national affairs, and are glad that we are at peace with other governments; that we as a nation have one government, and as a people are united and happy - offering a home, a shelter, and a welcome to the down trodden and misgoverned people of the whole earth; and while our patriotism should be broad enough in its scope to comprehend every portion of our country, and we should remember with becoming pride, the glorious part the people of our State took in its preservation; yet, at this time, you will not be regarded as wanting in high and statesman-like qualities, if your best efforts are devoted to the legislation required by the condition of the people of our own State, and the comfort and happiness of our immediate homes. Gentlemen, I thank you for the courtesy of this brief hearing, and again I ask you, that, in the attempt to perform the duties of my office, you shall be as free in my support and kindly in your forbearance of my shortcomings, as I shall be liberal in seeking these favors at your hands.
NEWSPAPERS.
Mr. Dwiggins moved to take up the motion pending at the adjournment last evening, viz.: to reconsider the vote adopting the substitute resolution subscribing for four copies of the daily Sentinel and four copies of the daily Journal.
The President decided that there being no division of the question called for, the vote rejecting the latter part of the motion disposed of it for the time being.
Mr. Steele moved to reconsider the vote of last evening adopting the substitute resolution subscribing for eight daily papers for the use of Senators.
Mr. Glessner made the point of order that under the rules but one motion to reconsider can be entertained during the session.
The President decided the point of order well taken, and declared there was nothing before the Senate.
Mr. Dwiggins moved to suspend the order of business, and take up the motion pending at the adjournment last night.
The President decided the motion out of order, a similar motion having been decided inadmissable but a few minutes since.
NEW PROPOSITIONS.
Mr. Steele introduced a bill [S. 188] for an act to enable and empower executors and administrators of deceased persons to enforce partition of real estates of such deceased persons.
Mr. Smith introduced a bill [S. 189] for an act to amend section 648 of the General Practice Act, approved June 18,1852.
Mr. Armstrong introduced a bill [S. 190] for an act to legalize certain defective and irregular proceedings of Boards of Equalization in certain cities, for the years 1871 and 1872.
Mr. Taylor introduced a bill [S. 191] for an act to enable securities to be released from appeal bond.
Mr. Steele introduced a bill [S. 193] for an act to amend section 5 of the exemption law, approved February 17,1852. [Property to be approved by three persons.]
Mr. Orr introduced a bill [S. 183] for an act supplemental to the plank, gravel and McAdam road act of May 12, 1852. [Providing for the incorporation of road companies.]
Mr. Neff introduced a bill [S. 194] for an act in relation to the meetings of the boards of county commissioners. [They shall meet quarterly and sit ten days at each term if necessary.
Mr. Beesom introduced a bill [S. 195] for an act defining misdemeanors and declaring penalties therefor. [To enforce the act of May 31,1852, with regard to animals running at large.]
Mr. Dougherty moved for and obtained unanimous consent to correct a clerical error in his bill [S. 62] to amend the charter of the town of Bluffton.
Mr. Bunyan introduced a bill [S. 196] for an act to amend section thirty-four of the town incorporation act of June 11, 1872.
These bills were read the first time and severally passed to the second reading.
Mr. Rhodes made an ineffectual motion to consider the bill [H. R. 8] to prevent hunting and sporting on enclosed lands.
The House resolution requesting the Senate to concur in a resolution refusing to vote any appropriation to pay for newspapers, coming up in regular order.
Mr. Brown, moved to amend by inserting the words "for the use of the House of Representatives," after the word "newspapers."
Mr. Dwiggins moved to amend the amendment by way of a substitute, inserting after the word page: 38[View Page 38] "resolved" these words; "By the House of Representatives, the Senate concurring therein;" also, by striking out the words "this House" and inserting in lieu thereof, "neither House nor Senate."
Mr, Steele saw nothing discourteous to this Senate in this House resolution, and cautioned the Senate to be careful not to do anything that will foster a contrary disposition.
Mr. Glessner moved to lay the substitute on the table.
The motion, was agreed to by yeas, 26; nays, 19, Messrs. Brown, Dwiggins, Fuller, Glessner, Gregg, Harney, Hough, Neff, Orr, Sleeth, Steele and Wadge explaining their votes.
Mr. Brown withdrew his amendment.
The Senate then refused to concur in the House resolution, by yeas, 18; nays, 20.
And then came the recess, till two o'clock.
AFTERNOON SESSION.
The Lieutenant Governor took the chair at 2 o'clock, P. M.
Mr. Gregg offered a concurrent resolution ordering 10,000 copies of the inaugural addresses of the Governor and Lieutenant Governor, 4,000 for the use of those gentlemen, and 6,000 for the Assembly.
Mr. Sarnighausen moved to amend by providing that 1,000 copies be printed in the German language. The resolution and amendment were then adopted.
The House concurrent resolution providing for the appointment of a joint commission on claims, coming up in order, was adopted.
Mr. Daggy offered a resolution that the order of the Senate directing the printing of the report of the Secretary of State be construed to mean the printing without the exhibits thereto attached.
Mr. Orr moved that Messrs. Daggy, Smith, and Scott be appointed a committee to examine and report what portions of the report should be printed. Agreed to.
SALARIES OF JUDGES.
The Lieutenant Governor announced the special order for the hour, viz: Mr. Thompson's judicial salary bill [S. 9], and thereupon called the Senator from Lawrence [Mr. Friedley] to the chair. The reports of the majority and minority of the Committee on Fees and Salaries were read.
Mr. Orr moved that the reports lie on the table.
The motion was agreed to - the President deciding th at if the motion carries the bill will also go to the table.
On motion by Mr. Brown, the bill was taken from the table and read the second time.
Mr. Steele moved to refer the bill to a select committee of three, with instructions to report a bill fixing the salaries of Supreme Judges only.
Mr. Boone moved to postpone the further consideration of this subject till next Wednesday (to-morrow) week. He thought enough information would be received from county clerks by that time to act upon. Agreed to.
Mr. Harney, by consent, introduced a bill [S.] for an act to increase the salaries of the Supreme Judges to $5,000 annually, to be paid quarterly by draft on the State Treasury.
Mr. Gooding, by consent, offered a concurrent resolution authorizing the appointment of a joint committee, to consist of three Senators and six Representatives, whose duty it shall be to revise the judicial circuits and districts of the State, and report an Equalization bill.
Mr. Hall moved to amend by providing that the Governor be requested, with the advice and consent of the Senate, to appoint five gentlemen of acknowledged repute who shall suggest such changes as may be necessary in our judicial system.
Mr. Dwiggins regarded the amendment as out of order - not being germain.
The President so decided.
Mr. Glessner offered a substitute, providing for a joint committee of eleven members, four from the Senate and seven from the House of Representatives whose duty it shall be to so redistrict the State for judicial purposes as to equalize the burden of the Circuit and Common Pleas judges throughout the State.
The substitute was adopted.
Mr. Dittemore moved to reconsider the vote just taken.
Mr. Glessner made an ineffectual motion - yeas 15; nays, 26 - to lay this motion on the table.
The motion to reconsider was agreed to.
Mr. Daggy moved to lay the substitute on the table.
The motion was rejected by ayes 20, nays 21.
Mr. Boone and Mr. Steele explaining their affirmative votes because the Committee was too large.
Mr. Gooding moved to amend by making the Committee to consist of three Senators and four Representatives.
The amendment was accepted by Mr. Glessner.
The substitute as amended was adopted.
EMPLOYES.
On motion of Mr. Steele, Mr. Dwiggins' bill [S. 168] providing for an additional number of Senate employes, was taken up, read the third time and passed the Senate by yeas 33, nays 8.
NATIONAL BANK.
Mr. Gregg moved that his National Bank capital stock municipal taxation bill [S. 4] be made the special order for next Friday at 10 o'clock.
It was so ordered.
The President announced a Commiteee on Rules of the Senate, viz: Messrs. Glessner, Brown, and Dwiggins.
On motion of Mr. Brown the committee were instructed to report to-morrow.
SUPERVISORS.
On motion by Mr. Slater, his bill [S. 126] to amend section 1 of the Supervisor of Highways act of March 5, 1859, was read for the second time, and ordered to be engrossed for the second reading.
Mr. Wadge asked and obtained leave to offer a resolution directing the State Printer to hereafter print bills on a common article of book paper.
On motion by Mr. Bunyan, it was laid on the table.
On motion by Mr. Bunyan, the bill [H. R. 6] for an act creating the Indiana Centennial Association was read the second time. It authorizes an appropriation of $2,000.
On motion by Mr. Harney, his bill [S. 122] to legalize in certain cases appropriations made by County Commissioners in aid of railroads, previous to the 12th of May, 1869, when the appropriations were made without authority of law, was read the second time.
The Senate adjourned till ten o'clock to-morrow morning.
