THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
FRIDAY, March 7,1879-- 9 o'clock a. m.The minutes were read till on motion by Mr. COMSTOCK the further reading was dispensed with.
On motion by Mr. KAHLO the bill [H. R. 395] for the relief of the estate of John T. Bishop and other sureties on the bond of a late township trustee was taken up, and under a dispensation or the constitutional restriction--yeas 41, nays 1--the bill was read by title only for the second reading. The third time by sections, and passed the Senate by yeas 34 nays 7.
Messrs. HARRIS, URMSTON and COFFEY, explaining their negative votes; While sympathizing with those seeking relief, they could not violate the principle which compelled opposition to this class of legislation.
On motion by Mr. GRUBBS the House substitute for his bill [S. 65] defining libel, was read. He said the bill as originally introduced embraced largely the old common law idea. The substitute proposed by the House is too strict, and rigid in its terms. He moved that the Senate refuse to concur in the House amendment.
Mr. MENZIES was clearly of opinion the bill as originally passed the Senase is going as far as this tate is prepared to go in this direction at this time. It is unwise now to depart from the old common law rule
The Senate refused to concur in the substitute proposed by the House of Representatives
On motion by Mr. VIEHE the House amendments to the bill [S. 399] to provide for submitting the constitutional amendments to a vote of the people, were read and concurred in.
Mr. VIEHE explained: The House amendments do not materially affect the bill as it passed the Senate.
Mr. STREIGHT moved that the Senate proceed to the consideration of the general appropriation bill.
Mr. REEVE moved to amend by substituting the bill 286.
Mr. MENZIES believed from the necessity of circumstances that the General Assembly should have from seven to 10 days more to consider the important measures now so near perfected. Many members seem to be afraid to avow their sentiments upon this subject, but he was willing to assume the responsibility of any vote or action that will bring it about.
Mr. OLDS thought there were but two or three bills necessary to be passed, and then the State will not suffer, even if the fee and salary bill should not be perfected. He insisted on the consideration of the appropriation bills and other necessary measures at once, so as to do away with the need of a special session.
Mr. HARRIS understood this vote will be a test, vote as to whether there shall be a special seesion, or whether the Senate will proceed to take up the few important measures pending and dispose of them before the session expires by the limitation of time. He was not in favor of a special session; did not believe the people of the State want it, but insisted on taking up the more important measures and disposing of them, and then working to-night, all day to-morrow and to-morrow night as best we can. The general appropriation bill will not take long as he understood it. He hoped this would be taken as a test vote, so it may be seen who are in favor of a special session.
Mr. REEVE replied at length, defending his party friends from any blame that may attach because of the necessity for an extra session.
On motion by Mr. WINTERBOTHAM the bill [H. R. 640] making specific appropriations for the purposes therein named, was read the first time and referred to the committee on finance.
After several ineffectual motions to take up as many different bills, favored by the movers thereof--
Came the recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. DICE the bill [H. R. 126] touching foreign corporations and providing certain acts thereof shall work forfeiture preventing foreign corporations from transferring suits from the State to foreign courts, nor page: 235[View Page 235] commence suits against citizens of this State in the Federal courts, was read the first time.
Mr. MENZIES stated the bill was drawn in conformity with a decision of the supreme court;the bill in effect saying if these corporations seek to drag citizens hundreds of miles to assert their rights in the courts the companies shall forfeit their right to do business in the State. If they do business here they must stand on the same footing with citizens of the State and submit their differences with citizens to the decision of our State courts.
On motion by Mr. DICE the constitutional restriction was dispensed with--yeas 46, nays 2--the bill read by title only for the second reading, read the third time and passed the Senate by yeas 47, nays 1.
Mr. REEVE explained his negative vote--fearing the bill is left so as to produce a conflict of jurisdiction.
Mr. LANGDON submitted a report from the select committee thereon, returning the State House bill[H. R. 639] with amendments appropriating $200,000 for construction purposes, to be used in the year 1879--$100,000 before May 1, and $100,000 before August 1, 1879, and proposing a tax of 3 per cent.
Mr. STREIGHT understood this draft can be made on the treasury without crippling it. Money must be appropriated to carry on this building, or it must be stopped altogether.
Mr. COMSTOCK moved to reduce the proposed levy from "three" to "two" cents.
Mr. HEFRON moved, as a substitute, an amendment, providing a levy or two cents for 1879 and three cents for 1880. Whenever the attempt is made to increase taxation, it ought to be carefully and judiciously made. He desired to gradually increase the tax, so that, by the time the Legislature meets in 1881, $600,000 may have been expended on the work.
The substitute was rejected.
Mr. FOWLER moved to substitute an amendment which would appropriate $100,000 for 1879, $200,000 for 1880, and make the levy "two" per cent. He believed this would meet the requirement, of the State House commissioners. The levy proposed will produce probably $160,000 for these years. Suppose there is a reassessment; it would bring down the revenue, but conceding that the State can not afford to make too large an appropriation, he would not make an extravagant appropriation. He was a friend to the State House measure now, though doing all he could hist session to defeat the commencement of it. This will be all the money the commissioners should ask for. By the 1st of May there will be derived from revenue $80,000, and by the 1st of November $80,000, which, added to the $100,000 he proposed, will make $610,000 for the two years, and that is al1 they can conveniently dispose of. The Legislature should not levy more than a two cent tax.
Mr. LANGDON could not understand why senators insist on appropriating but $100,000, when it is universally admitted that there is $200,000 lying idle in the treasury. Now, while labor and material is cheap,it is proper, and we have resolved that this construction should go on. If there is delay, prices will go up. The idle money is bringing no interest to the State. Then why not use it where it is so much needed? He insisted the best plan is set forth in the amendments reported by the committee.
Mr. STREIGHT said the first story should be put up this year, the joists put on and covered over, so as to keep it protected from the weather, and the lumber should be bought, whether anything else is done or not. It will cost $330,000 to carry the work up to the joists on the first story. The report contemplates $100,000 from the tax levy and $200,O0O from the general fund, and still there would be a shortage of $30,000.
Mr. BURRELL demanded the previous question, which was seconded and put under its operation, and on a division of the question. the first proposition on the appropriation was rejected by yeas 12, nays 34; the second proposition for a levy of 2 per cent. was also rejected by yeas 11, nays 36.
Mr. URMSTON moved to amend by striking out all that part making the expenditure of $200,000 in 1879 imperative. He said the State House Commission have a duty to perform, and the time as to when this fund shall be expended should be left to them.
Mr. MENVIES thought this is the time to purchase iron. which is about to rise, and to Handicap the contractors would be an unworthy net on the part of the State. This report meets the approval of the State House commissioners.
Mr. BURRELL said there seemed to be an effort here to aid the contractors more than they had a right to expect. In two years hence, if this is done, they will ask the Legislature to give them still farther advantage.
Mr. FOWLER hoped the appropriation of $200,000 to be expended this year, will not prevail.
The amendment [Mr. Urmston's] was rejected by yeas 12, nays 33.
Mr. FOWLER moved to amend sec. 2 by reducing the amount appropriated for 1879, from $200,000 to $100,000.
Mr. WOOD opposed delay in building the State House. It should be completed at the earliest time that will give the State a substantial structure. He was willing to vote money enough to carry out this object, believing that delay will remit in a loss to the State and a large expendtiure of money that is not now contemplated. It is estimated that four years is required to complete the State House. If it takes a longer time it will be because we do not appropriate money enough to speedily construct the building. Labor and materials are cheap, cheaper than they will be in the future. The Springfield State House is an example of delay. The extra cost to the people of Illinois through delay in appropriations of sufficient money to carry on the work exceeded all claims as to its cost. The State will save money and get a better building by completing it in the next four years.
The amendment was rejected.
The report of the committee as amended was concurred in by yeas 32, nays 13.
The LIEUTENANT GOVERNOR laid before the Senate a communication from the governor transmitting the following appointments: For president of the boards of trustees of the Institutions the Insane, Deaf and Dumb and Blind--John Fishback, to serve till February 1,1883. For trustees of the Insane Hospital--B. F. Spann, till February 1, 1883, and R. H Tarlton,till February 1,1881. For trustees of the Institution for the Deaf and Dumb--F. O. Johnson, till 1 February 1, 1883, and Milton James, till February 1, 1883. For trustees of the Blind Asylum--Joseph Ristine, till February 1, 1883, and William V. Wiles till February 1, 1881.
Mr. STREIGHT moved to refer these nominations to the Committee on Benevolent Institutions. He said in his opinion the Senate should exercise a sound discretion in consenting to such appointments. In general terms he was in favor of the Governor appointing and the Senate confirming such appointments, but he made this motion in order that he might, when the proper time comes, submit some reasons why some of the persona named in the message should be appointed, and why others should not be appointed, and page: 236[View Page 236] for that reason he hoped the motion to refer these nominations to the committee would prevail.
On motion by Mr. MENZIES this motion to refer was laid. on the table by yeas 24, nays 23; and under the operation of the previous question demanded by Mr. FOWLER, the nominations were confirmed by yeas 30, nays 15.
On motion by Mr. BURRELL--yeas 25, nays 24--the congressional apportionment bill [H. R. 486] was taken up and read the second time, with the majority and minority reports thereon--the former proposing amendments, and the latter deeming it impolitic to reapportion the State this year, in view of the new census to be taken next year, under which Indiana will be entitled to additional representation in Congress, which will require a new apportionment in 1881 by the next General Assembly. The minority report closes by recommending the in definite postponement of the bill, or if a new apportionment is to be made this session, that a special committee of five be appointed--two each from the Democratic and Republican, and one from the National party--to adopt a new bill. The report is signed by Messrs. Harris, Comstock, Olds, Smith, Taylor and Mercer.
On the further motion of Mr. BURRELL the bill and reports were made the special order for to morrow at 10 o'clock.
On motion by Mr. LANGDON the State House bill [H. R. 637] was read the third time, and passed the Senate by yeas --, nays --, Messrs. COMSTOCK, DICE, HART, TRAYLOR and WOOD explaining their negative votes to be on account of the levy being placed in the bill at ' three" per cent., instead of "two."
On motion by Mr. WOOLLEN the House concurrent resolution providing 15 days' pay for members of the benevolent institutions after the adjournment was taken up and amended by inserting provisions for the pay of a short hand reporter, etc.
And then the Senate adjourned.
