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Brevier Legislative Reports, Volume VOLUME FIFTEEN., 1875, 102 pp.
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IN SENATE.

THURSDAY, January 7, 1875.

This being the day prescribed by the Constitution of the State of Indiana for the meeting of the General Assembly, pursuant to a provision in Article IV, Section 9, which reads as follows: "The sessions of the General Assembly shall be held, biennially at the capital of the State, commencing on the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law;" the Senate of the State of Indiana assembled in the Senate chamber, at the Capitol, in the city of Indianapolis at 10 o'clock, a. m.

The LIEUTENANT GOVERNOR, [Hon. LEONIDAS SEXTON, of Rush county,] by virtue of his office being President of the Senate, ascended the forum, and, rapping with a gavel on the desk, commanding order, said: Senators holding over will please answer to their names as called.

The names of Senators elected in 1872 for the constitutional term of four years, and who served as members of the last two sessions of the General Assembly, were called in alphabetical order by the Hon. JAMES A. WILDMAN, Auditor of State, whose duty it is, as such officer, to "perform all and singular the duties which have heretofore been done and performed by the Secretary of the Senate at the preceding session of the General Assembly." [Act of December 23,1872, Section 8.] The twenty-four Senators holding over answered to their names as follows:

  • From the county of Vanderburg - H. Clay Gooding.
  • From the counties of Washington and Jackson - John A. Bowman.
  • From the counties of Lawrence and Monroe - George W. Friedley.
  • From the counties of Scott, Jennings and Decatur - J. H. Friedley.
  • From the counties of Decatur and Rush - George B. Sleeth.
  • From the county of Vigo - Harvey D. Scott.
  • From the counties of Owen and Clay - M. B. Ringo.
  • From the counties of Shelby and Johnson - M. R. Slater.
  • From the counties of Putnam and Hendricks - Addison Daggy.
  • From the counties of Fountain and Warren - W. P. Rhodes.
  • From the county of Laporte - J. H. Winterbotham.
  • From the counties of Marshall, Fulton and Pulaski - Milo R. Smith.
  • From the counties of Kosciusko and Whitley - Chas. W. Chapman.
  • From the county of Elkhart - J. R. Beardsley.
  • From the counties of Noble and Lagrange - Wm. Bunyan.
  • From the counties of Steuben and DeKalb - W. I. Howard.
  • From the counties of Adams, Alien and Wells - John D. Sarnighausen.
  • From the counties of Boone and Clinton - Andrew J. Boone.
  • From the county of Randolph - A. J. Neff.
  • From the counties of Henry and Hancock - Wm. R. Hough.
  • From the counties of Fayette, Union and Rush - R. M. Haworth.
  • From the county of Marion - D. H. Oliver and W. C. Thompson.
  • From the county of Montgomery - John F. Harney.

The LIEUTENANT GOVERNOR. - Twenty-four Senators holding over have answered to their names. Senators recently elected, as their names are called will please come forward and take the oath of office.

The names of the newly elected Senators were called in alphabetical order by Auditor of State WILDMAN, and they ranged themselves in a semi-circle in front of the President's dias, as follows:

  • From the counties of Posey and Gibson - Jasper Davidson.
  • From the Counties of Warrick and Pike - J. B. Hendricks.
  • From the counties of Spencer and Perry - R. Tobin.
  • From the counties of Sullivan and Knox - Henry K. Wilson.
  • From the counties of Daviess and Green - A. Humphreys.
  • From the counties of Martin, Orange and Dubois - H. A. Peed.
  • From the counties of Crawford and Harrison - S. M. Stockslager.
  • From the counties of Floyd and Clark - F. C. Johnson.
  • From the counties of Brown and Bartholomew - J. B. Grove.
  • From the county of Jefferson - John L. Roe.
  • From the counties of Switzerland, Ohio and Ripley - William Culbertson.
  • From the counties of Park and Vermillion - James Johnston.
  • From the county of Tippecanoe - John M. LaRue.
  • From the counties of Benton, Newton, Jasper and White - George Major.
  • From the counties of Lake and Porter - DeForrest L. Skinner.
  • From the counties of St. Joseph and Starke - Joseph Henderson.
  • From the county of Allen - R. C. Bell.
  • From the county of Huntington and Wabash - Elijah Hackleman.
  • From the counties of Grant, Blackford and Jay - I. Underwood.
  • From the counties of Miami and Howard - Daniel R. Bearss.
  • From the counties of Cass and Carroll - D. D. Dykeman.
  • From the counties of Hamilton and Tipton - Peter Cardwell.
  • From the counties of Madison and Delaware - R. H. Cree.
  • From the 'county of Wayne - (William Baxter.
  • From the counties of Marion and Morgan - J. J. Maxwell.
  • From the counties of Dearborn and Frankin - Noah S. Givan.

The LIEUTENANT GOVERNOR. Twenty-six Senators have answered to their names. You who swear will hold up your hands.

The oath of office was then administered by the Hon. HORATIO C. NEWCOMB, one of the Judges of the Superior Court of Marion County in the following words:

"You and each of you do solemnly swear that you will support the Constitution of the United Slates and the Constitution of the State of Indiana, and that you will faithfully discharge your duties as Senator of the State of Indiana, so help you God."

This obligation in the form of an affirmation was taken by the Senator from Wayne and the Senator from Judge NEWCOMB using in their case the following words:

"You do solemnly declare and affirm that you will support the Constitution of the United States and the Constitution of the State of Indiana, and that you will faithfully discharge your duties as Senator of the State of Indiana, so help you God."

The LIEUTENANT GOVERNOR. - Senators, the first business in order, will be the election of a Principal Secretary of the Senate. Are you ready for nominations?

Mr. HOUGH. I put in nomination for principal secretary of the Senate, Hon. JNO. OVERMYER, of Jennings county.

Mr. SMITH. I put in nomination Hon. GEO. W. DENBO, of Harrison county, for principal secretary of the Senate.

The LIEUTENANT GOVERNOR Are there any other nominations? [After a pause.] Call the roll.

The roll was called by Auditor WILDMAN, and the ballot resulted as follows:

Those voting for Mr. Overmyer were Messrs.:

  • Baxter.
  • Howard.
  • Beardsley.
  • Johnston, of Parke.
  • Bearss.
  • LaRue.
  • Banyan.
  • Major.
  • Cardwell.
  • Neff.
  • Chapman.
  • Oliver.
  • Cree.
  • Rhodes.
  • Daggy.
  • Roe.
  • Friedley, of Lawrence.
  • Scott.
  • Friedley, of Scott.
  • Sleeth.
  • Gooding.
  • Thompson.
  • Hackleman.
  • Tobin.
  • Haworth.
  • Underwood.
  • Hough. - 27.

Those voting for Mr. Denbo were Messrs.:

  • Bell.
  • Johnson, of Floyd.
  • Boone.
  • Maxwell.
  • Bowman.
  • Peed.
  • Culbertson.
  • Ringo.
  • Davidson.
  • Sarnighausen.
  • Dykeman.
  • Skinner.
  • Givan.
  • Slater.
  • Grove.
  • Smith.
  • Harney.
  • Stockslager.
  • Henderson.
  • Wilson.
  • Hendricks.
  • Winterbotham
  • Humphrey. - 23.
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[After the roll call was finished Mr. Cardwell changed his vote from Mr. Denbo to Mr. Overmyer.]

The LIEUTENANT GOVERNOR. The whole number of votes cast is fifty, necessary to a choice twenty-six. Mr. OVERMYER has received twenty-seven votes, and Mr. DENBO, twenty-three. Mr. OVERMYER, is, therefore declared elected Principal Secretary of the Senate. He will please come forward and be sworn in.

The oath of office was then administered to Mr. OVERMYER by Judge NEWCOMB.

The LIEUTENANT GOVERNOR. The next business in order will be the election of Assistant Secretary of the Senate. We are now ready for nominations.

Mr. MAJOR. I nominate WM. H. SMITH, of Cass county.

Mr. BOONE. I nominate OLNEY NEWELL, of the county of Boone, for Assistant Secretary of the Senate.

There being no further nominations the ballot resulted as follows:

Those who voted for Mr. Smith were Messrs.

  • Baxter.
  • Beardsley.
  • Bearss.
  • Bunyan.
  • Cardwell.
  • Chapman.
  • Cree.
  • Daggy.
  • Friedley, of Lawrence.
  • Friedley, of Scott.
  • Geoding.
  • Hackleman.
  • Haworth.
  • Hough.
  • Howard.
  • Johnston, of Parke.
  • LaRue.
  • Major.
  • Neff.
  • Oliver.
  • Rhodes.
  • Roe.
  • Scott.
  • Sleeth.
  • Thompson.
  • Tobin.
  • Underwood.-27.

Those voting for Mr. Newell were Messrs.

  • Bell.
  • Boone.
  • Bowman.
  • Culbertson.
  • Davidson.
  • Dykeman.
  • Given.
  • Grove.
  • Harney.
  • Henderson.
  • Hendricks.
  • Humphrey.
  • Johnson, of Floyd.
  • Maxwell.
  • Peed.
  • Ringo.
  • Sarnighausen.
  • Skinner.
  • Slater.
  • Smith.
  • Stockslager.
  • Wilson.
  • Winterbotham.- 23.

The LIEUTENANT GOVERNOR. The whole number of votes cast is fifty, necessary to a choice twenty-six, of which Mr. SMITH received twenty-seven votes, and Mr. NEWELL, twenty-three. Mr. SMITH, was, therefore, declared elected Assistant Secretary of the Senate. He will come forward and be sworn in.

The oath of office was administered to Mr. SMITH.

The LIEUTENANT GOVERNOR. The next business in order is the election of Principal Door-Keeper.

Mr. PEED. I nominate HIRAM McCORMICK of Martin county.

Mr. CREE. I nominate Mr. E. H. MENIFEE, of Madison county.

There being no further nominations the ballot resulted -

For Mr. Menifee 27 votes.

For Mr. McCormick 23 votes.

The LIEUTENANT GOVERNOR. - The whole number of votes cast is 50, necessary to a choice 26, of which Dr. Menifee has received 27 votes; Mr McCormick 23. Dr. Menifee is therefore declared elected - I believe Dr. Menifee cannot be here till evening as he is a witness in court; and for this reason he cannot now take the oath of office. His place will be supplied till he does come.

RULES.

Mr. SLEETH. I offer the following resolution:

Resolved, That the Senate adopt the rules of the Regular Session of 1873, for its government until such time as permanent rules shall be adopted by the Senate.

It was adopted.

Mr. FRIEDLEY of Lawrence. I move the appointment of a committee of two to notify the House of Representatives of the organization of the Senate.

Mr. GIVAN. Is it not customary for the Secretary of the Senate to inform the House of the organization of the Senate?

The LIEUTENANT GOVERNOR. - Our rules, just adopted, say expressly, messages may be carried by any person designated for that purpose.

The motion was agreed to.

The LIEUTENANT GOVERNOR. - I will appoint the Senator from Lawrence [Mr. Friedley] and the Senator from Fulton [Mr. Smith] as said committee.

DOORKEEPER.

The LIEUTENANT GOVERNOR. - With the consent of the Senate I will appoint Mr. Finch, of Hamilton county, as one of the assistant Doorkeepers until the arrival of the Principal Doorkeeper.

SEVERAL SENATORS - "Consent," " Consent."

It was so ordered by consent.

THE STATUTES.

Mr. LARUE. I offer the following resolution:

Resolved, That the Secretary be instructed to furnish one copy of the Statutes of Indiana, one of the Acts of 1869, 1871 and 1873 to each of the members of the Senate.

Mr. SLEETH. Mr. President, I am not certain how members look at it, but I am of opinion that this resolution is in violation of an act passed at the last session - An act fixing the per diem of members of the Assembly. That act cuts off all stationery and all other perquisites. If the Statutes are not stationery I page: 4[View Page 4] don't know what is, I don't believe we should pass this resolution.

Mr. SMITH. I move to lay the resolution on the table.

The motion was agreed to.

Mr. DAGGY. I offer the following:

Ordered, That the Librarian furnish three copies of Revised Statutes, Gavin & Hord, three copies of the Acts of 1869, 1671 and 1873, also Senate and House Journals for the use of the Senate.

Mr. SMITH. I would like to inquire whether that resolution is in order, a similar one having just been laid on the table?

The LIEUTENANT GOVERNOR. It is not the same resolution. It is in order.

Mr. LARUE. Mr. President: It seems to me that members should have the use of the acts of the Legislature, and it does not seem to me they are or should be regarded as stationery. Possibly I may be able to draft bills as well as any Senator, as I have been somewhat familiar with the laws of the State, but it seems to me it is necessary that members should have the use of the acts. They are not stationery. As the old members of the Senate have received copies of these acts it is not necessary for them to take them. I offered my resolution in good faith. This resolution I am opposed to because it says but three copies. That will not do. I shall go with Senators who favor economy, and shall oppose furnishing writing paper and other things strictly stationery, but I oppose this resolution because it says only three copies.

Mr. DAGGY. At the last extra session we required in our resolution that the statutes should be returned, but that amounts to nothing, for, after being used one session members might as well take them home, they are second hand and as far as the State is concerned they are a total loss. It would cost the State from fifteen to twenty dollars for each member. The three set of Statutes with the acts and House journals, will give all the information needed by us as members of the Senate. All measures, particularly those of importance, are passed through the hands of committees, and they will have the revised Statutes, consequently we scarcely ever refer to the revised Statutes, and they are as useless lumber to us; and, therefore, I offered this resolution, intending it to supercede the resolution offered by the Senator from Tippecanoe [Mr. LaRue.]

Mr. SARNIGHAUSEN. If I am not mistaken the law provides that not only stationery, but no books shall be furnished to members of the Legislature.

Mr. SMITH. I move to lay the resolution on the table.

The motion was agreed to.

Mr. DYKEMAN. I offer the following resolution:

Resolved, That the State Librarian furnish to each Senator one copy of the Acts of the Regular and Special Session of 1873, also the Brevier Reports and Senate Journal of last Session.

Mr. DAGGY. I move to lay it on the table.

The motion was agreed to - yeas 42, nays 8.

PAGES.

The LIEUTENANT GOVERNOR. For I the purpose of relieving Senators from further embarrassments in that direction, I will exercise the authority conferred upon me by the Statutes, and appoint the following named boys as pages: CHARLES L. LUMBERT, AUGUSTUS LYNCH MASON and EDDIE B. BROWN.

THE STATUTES AGAIN.

Mr. RHODES. I offer the following resolution:

Resolved, That the Librarian of State be and she is hereby authorized, to furnish to each Senator, on his request, one complete set of the Statutes and acts of 1871 and 1873, and charge the cost thereof to such Senators.

Mr. SMITH. I move to lay it on the table.

The motion was agreed to upon a division of the Senate - affirmative 19, negative 18.

Mr. SLEETH. In order to give the Secretaries an opportunity to organize their forces, I move that the Senate adjourn till 2 o'clock.

The motion was agreed to.

AFTERNOON SESSION.

The LIEUTENANT GOVERNOR resumed the chair at two o'clock, p. m.

A message from the House of Representatives, announced the organization that body.

Mr. FRIEDLEY, of Lawrence. I offer the following resolution:

Resolved, That a committee of two on the part of the Senate, be appointed to join a like Committee on the part of the House to wait upon his Excellency the Governor, to inform him of the organization of the two Houses and learn of him at what time it will suit convenience to make whatever communication he may desire to the Legislature.

The LIEUTENANT GOVERNOR, will appoint upon that committee the Senator from Lawrence [Mr. Friedley,] the Senator from Alien [Mr. Bell.]

PAY OF MEMBERS.

Mr. HUMPHREYS. In compliance with the request of my constituents, as well as with my own feelings, and believing there is a disposition on the part of every member of this House, to curtail the ex- page: 5[View Page 5] penses of the State Government, and believing it well to commence here, I offer the following bill:

A Bill [S. 1.] for An Act to amend the first section of an act approved December 19th, 1872, and entitled "An act fixing the per diem and mileage of members of the General Assembly, and providing that they shall provide their own stationery."

[It makes the pay five dollars per day, and mileage, five dollars for every twenty-five miles.]

It was read the first time, and passed to the second reading.

LIQUOR LICENSE.

Mr. SMITH. I offer the following bill:

A Bill [S. 2.] for An Act to regulate and license the sale of spirituous, vinous, malt other intoxicating liquors, to repeal all former laws contravening the provisions ot this act and prescribing penalties for the violation thereof.

[It provides for a two hundred dollar yearly county license, which shall go to the school fund, and a one hundred thousand dollar bond for an orderly house, and imposes a penalty for selling to intoxicated persons, or to a minor, or for the adulteration of liquors. The full text of this bill may be printed in these columns at an early day.]

It was read the first time, and passed to the second reading.

PAY OF MEMBERS AGAIN.

Mr. DYKEMAN introduced a bill [S. 3.] for an act fixing the per diem of the members of the General Assembly and the employes, the mileage of the members, and the perquisites they shall receive in lieu ot stationery, paper, and stamps.

[It provides a per diem of five dollars and mileage at the rate of ten cents per mile, with one copy of the revised statutes for the term, and the sum of twenty-five dollars each session in lieu of stationery. The pay of the principal clerks, five dollars, the other clerks four dollars, and all other employees, three dollars per day.]

It was read the first time and passed to the second reading.

A MESSAGE FROM THE HOUSE.

A Committee from the House of Representatives was announced as being at the door, whereupon -

Representative MARVIN, of Boone, said: We are a committee of the House, Mr. President, appointed to meet a like committee on the part of the Senate, to wait upon the Governor, and inform him that we are organized, and ready to receive any communication from him.

The LIEUTENANT GOVERNOR, The action of the Senate requires the appointment of an additional member. I will appoint upon that committee, the Senator from Fulton [Mr. Smith.]

NEW PROPOSITIONS.

Mr. LARUE introduced a bill [S. 4] for an act to repeal an act entitled "An Act to require Railroad companies to issue stock paid for by taxes voted in aid of their Railroads to the tax payer or their assignor, and to issue unclaimed stock for the benefit of the common school fund, and declaring an emergency," approved December 17th, 1872.

MR. BEARDSLEY, introduced a bill [S. 5] for an act to amend Section 13th of an act entitled "An act providing for the election and qualification of Justices of the peace and denning their jurisdiction, powers and duties in Civil Cases," approved June 9th 1852.

[It provides that, no person being a resident of any towns within this State shall be sent out of said township, except as specified in the above mentioned acts, unless said suits is commenced by Capias ad respondendum or where there shall be no justice competent to act in said township, provided however that when the cause of action occurred in an adjoining township, suit may be brought in such adjoining township.]

Mr. ROE, introduced a bill [S. 6] for an act defining the salary of the Governor, and the manner of paying it.

[Five thousand dollars per annum.]

Mr. GIVAN submitted a bill [S. 7] for an act to amend Sections 102 and 107, two hundred and seventy one, two hundred and severity seven, two hundred and seventy eight of "An Act to provide for the uniform assessment of property and for the collection and return of taxes there on," approved December 21st 1872, and to provide for the election of Township Assessors and prescribing their duties.

Section 1 provides for a change in the time of the assessment of real estate from two to six years after the year 1875.

Section 2 provides for an election of an Assessor in the year 1880 and every six years thereafter, by the people of the county.

Section 3 provides that the county Auditor shall furnish the necessary blanks and books.

Section 4 provides that the Board of county Commissioners and the Auditor shall meet at the county seat every year as a Board of Equalization tor the purpose of equalizing the assessment of personal property.

Section 5 declared that the Board of E- page: 6[View Page 6]qualization shall consist of the county commissioners, Auditor and Assessors of real estate.

Section Six provides that on the second Tuesday in October 1876, and every two years thereafter, township Assessors shall be elected by the people, whose duty it shall be to assess the personal property of the township.

Section Seventh - Fixes the bond of the township assessor at $1,000.

Section Eighth - Declares that if the assessor does not file his bond before the second Monday in December after his election, his office shall be deemed vacant, and the Auditor shall appoint

Section Ninth - Declares the duties of the township assessors to be to assess personal property in the township, and perform such other duties required by law of the county assessor.

Mr. ROE introduced a bill [S. 8] for an act, fixing the per diem [$5] and mileage [$5 per every 50 miles] of members of the general assembly, and providing that they shall furnish their own stationery.

Mr. BELL introduced a bill [S. 9] for an act to authorize the organization of boards of trade, and other commercial associations, and defining their powers.

Mr. RELL introduced a bill [S.10] for an act to regulate public warehouses and warehousing and inspecting and mixing grain, making warehouse receipts assignable, prescribing the duties of warehousemen and inspectors of grain and providing penalties.

Mr. BEARDSLEY introduced a bill [S. 11] for an act declaring it to be unlawful to deprive certain employees of any railroad company of the benefit of the exemption laws of this State by attachment and garnishee proceedings being instituted without this State, and providing that wages so collected from any Railroad Co. due to certain employees maybe recovered back.

These bills were severally read the first time, and passed to the second reading.

RULES.

Mr. GOODING. I offer the following resolution:

Resolved That a committee of three be appointed to report rules for the government of the Senate.

It was adopted.

The LIEUT. GOVERNOR. This committee will consist of Senators Gooding, Scott and Givan.

COMMITTEE ROOMS.

Mr. SLEETH. I offer the following resolution:

Resolved, That a committee of five be appointed by the President of the Senate for the purpose of procuring the necessary number of rooms to accommodate the committees of the Senate daring the present session, and to provide necessary furniture for the same; Provided, that in the selection of rooms the strictest economy consistent with the health and reasonable comfort of the members of the various committees shall be pursued.

And provided further, that in case any furniture now owned by the State and not in use reasonably suitable for furnishing such rooms the same shall be subject to the order of said committee for the use of committee rooms during the present session.

It was adopted.

The Lieutenant Governor subsequently appointed as said committee Messrs. Sleeth, Thompson, LaRue, Harney and Winterbotham.

Mr. FRIEDLEY, of Lawrence, from the Joint Committee appointed to wait upon the Governor, reported that His Excellency has named to-morrow at 10 o'clock a. m. as the hour for the delivery of his message.

PAY OF MEMBERS.

Mr. SKINNER. I offer the following resolution:

Resolved, That a committee of five be appointed by the Senate whose duty shall be to recommend a bill for the pay and perquisites of members - perquisites to mean only such stationery and books as may contribute to the information of members.

It was adopted.

The LIEUTENANT GOVERNOR. I will name as that committee Senators Skinner, Haworth, Boone, Johnson of Floyd and Rhodes.

Mr. HOUGH introduced a bill [S. 12] for an act fixing the per diem of members of the General Assembly [$3 per day and $3 for every 25 miles traveled - no stationery] and the officers thereof [$3 per day - pages 1 1/2: with an emergency clause.]

It was read the first time and passed to the second reading.

Mr. DYKEMAN. I move for a suspension of the rules that the bill may be read the second time now.

A Constitutional provision requiring the yeas and nays, they were ordered and being taken resulted - yeas 41, nays 8.

So, two-thirds voting in the affirmative, the Constitutional restriction was dispensed with and the bill was read the second time.

Mr. FRIEDLEY, of Lawrence. I desire to amend Sec 1, as follows, to-wit: "And provided further that all persons who are now members of the Legislature who may have received any sum in excess of such sum of $3,00 shall have such excess deducted out of their pay as members of the present Legislature." [Laughter.]

Mr. HOUGH. I move to lay the amendment on the table.

page: 7[View Page 7]

The motion was rejected - yeas 11, nays 38.

Mr. HOUGH. The amendment proposes a thing that cannot be done. It would be utterly impossible to coerce the re payment of money received by any member of this or any other General Assembly. It would be only encumbering the bill unnecessarily, and publishing to the world that we don't know what we are doing, If we are going to undo a thing, which some of us thought was right and proper, but which the people say was wrong, let us do it in earnest. Let us pass the bill as it is, and when that is done, if the people are not satisfied; and if the State has not money enough to run the government, let us assess members of the Legislature to run it.

Mr. FRIEDLEY of Lawrence. I am not here to say whether my amendment is in strict accordance with legal precedent or with law, but I do not suppose that any member of the Senate, or I may say of the other branch of the Legislature, requires an enactment to compel him to do that which he may believe to be right, or that which he believes the people regard as right I know my excellent friend from Hancock [Mr. Hough] would not stop to question the legality of this clause in the bill if it becomes a law, but would at once cover into the treasury all he has heretofore drawn, if any, in excess of three dollars a day. I am sure the Senator, and every other Senator would do that. Now I say with the Senator from Hancock, if we are going to reform, let us reform in earnest, and while reforming let us be just to Senators now here for the first time. If I, as one of the Senators holding over, have received eight dollars a day for the last session, is it right that I should ask one of these gentlemen who come here for the first time to serve for three dollars per day? I think in this instance justice to the people and to new Senators require that we should take out of our pocket th s money the people say does not belong to us and cover it back into the treasury.

Mr. THOMPSON. Why should all this sacrifice fall upon members of the Legislature? Why not extend it to the State officers and to the Governor? And then we will all be on a level. I did not vote for eight dollars a day, but then I don't like to do anything that don't pay. [Laughter.]

Mr. LARUE. I will say to the Senate that I am opposed to the bill, amendment and all. I am satisfied members are not getting any more than they ought to receive now. I voted to prevent this amendment going on the table, in order to render the bill more ridiculous than it is. I would be in favor of reducing the number of members of the Legislature to, say twenty-five in the Senate and fifty in the House, and giving them ten dollars a day. I would much prefer cutting our session down to four weeks. It would suit me much better than to sit here during the entire constitutional term.

Mr. DYKEMAN. While I am in favor of reform, I don't propose to carry it to such an extent as to be ridiculous. If this bill passes, it will go out to the world that this Senate is losing its dignity, and that is why I voted for the amendment, that they might both go together. I think the people will be satisfied to give us five dollars a day, and I introduced my bill in good faith.

Mr. SLEETH. I move that the amendment be indefinitely postponed. [Mr. Smith withdrawing his motion.]

The motion to indefinitely postpone, was rejected - yeas 14, nays, 36.

Mr. LARUB. I move to indefinitely postpone both the bill and the amendment,

The motion was rejected - yeas 14, nays 36.

Mr. DYKEMAN I move to amend the amendment by adding the following:

"No member of the General Assembly shall receive any Railroad pass during the term for which he was elected, and in case any member has accepted such pass, he shall cover into the Stare Treasury the value in Greenbacks or Gold of such pass." [Laughter.]

Mr. BUNYAN. In compliance with a resolution adopted to-day, a committee was appointed to draft a bill to fix the per diem of members of the Legislature. I now move to refer this bill with the pending amendments to that committee.

The motion was agreed to.

And then the Senate adjourned till ten o'clock to-morrow morning.

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