THE BREVIER LEGISLATIVE REPORTS.
VOLUME SEVENTEEN.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, Jan. 21,1879-- 10 o'clock a. m.Prayer was said by Rev. J. H. RAZOR of the Christian Church of Mooresville, Morgan County.
Petitions were presented: From Jay County praying for the reduction of fees and salaries of county officers one-half; also a temperance petition from Huntington County; also from Marshall county for a constitutional amendment prohibiting the manufacture and sale of intoxicating liquors, to be used as a beverage. They were referred to appropriate committees.
The Judiciary Committee returned bills: [S. 16--Mr. Dice's] in relation to change of venue from Justics'Courts; [S.63--Mr.Davenport's] supplemental to the act to exempt property from sale in certain cases; [S. 100--Mr. Kent's ] regulating the number of grand jurors; [S. 121 Mr. Trusler's] repealing sec. 2 of the misdemeanor act, with reports recommending they be severally indefinitely postponed. Also [S. 34--Mr. (Grubbs'] providing for voluntary assignments; [S. 125--Mr. Foster's] to punish persons having possession of stolen property, with amendments, recommending passage. Also [S. 78--Mr. Shirk's] to amend sec. 344 of the general practice act described in these reports of the 14th inst.--recommending that it lie on the table. These reports were placed on the calandar, to come up when the bills to which they are severally attached are read the second time,
Mr. VIEHE offered a resolution, which was adopted, fixing the hour of 2 1/2 o'clock this afternoon for the election of United States senator on the part of the Senate.
On motion by Mr. REEVE, the order of yesterday for the printing of all bills, reported from the committee favorably, was reconsidered, and a proviso added so that when the committee recommend it, 200 copies shall be printed of every bill they deem of sufficient importance.
Mr. STREIGHT offered the following:
WHEREAS, At the last State convention of the Democratic party of the State of Indiana the party demanded the immediate repeal of the resumption law, and
Whereas, We believe the repeal of said law would be impolitic, unwise and detrimental to the best interests of the country, and
Whereas, We believe in and fully endorse the doctrines of Andrew Jackson, once president of the United States,that gold and silver, and paper money based thereon and convertible therein at the pleasure of the holder, constitute the only safe currency for the people, and
Whereas, Under the resumption law aforesaid, the dollar now paid to the laborer is equal in value to the dollar paid by the Government to the bondholder, therefore
Be it resolved by the Senate of the State of Indiana, the House of Representatives concurring therein, That our senators in Congress be and they are hereby instructed, and our representatives requested, to oppose, by all honorable means, the repeal of the resumption law of the United States, which went into effect on the first day of January, 1879.
Resolved, That, the secretary of State be requested to forward to each of ous senators and representatives a properly authenticated copy of the foregoing preamble and resolution.
Mr. STREIGHT demanded the previous question. He accepted an amendment, transposing the words "Instructed" and "requested" where they occur n the first resolution.
The Senate seconded the demand upon a division--affirmative 21, negative 16--and the resolution was adopted by--yeas 25, nays 22, as follows:
YEAS--Cadwallader, Comstock, Davenport, Dice, Garrigus, Grubbs, Harris, Heilman, Langdon, Menzies, Mercer,Moore, Olds, Ragan, Reeves, Sarnighausen, Shaffer, Shirk, Smith, Streight, Treat, Trusler, Weir, Wilson and Winterbotham--25.
NAYS--Benz, Briscoe, Burrell, Coffey, Davis, Donham, Foster, Fowler, Hart, Kent, Kramer Leeper, Major, Peterson, Poindexter, Reiley, Tarlton, Traylor, Urmston, Viehe, Wood, Woollen--22.
Pending the roll call--
Mr. REEVES, in explanation of his vote, page: 48[View Page 48] his vote, said: Believing the resumption of specie payment a fixed fact accomplished without regard to legislative act, and opposing any further disturbance of the finances of the country by legislative act, I vote "aye.".
Mr. SARNIGHAUSEN, when his name was called, said he had in his hand a copy of the national Democratic platform, adopted in St. Louis in 1876. [He read thorefrom.] I can't go back on the national Democratic platform, therefore I vote "aye". [Tremendous applause from Republican benches.]
Mr. WOODS, in explanation, said: Believing that the Indiana State Senate is not the St. Louis Convention, and that this is a mere electioneering dodge got up by Senator Streight, and believing that no electioneering dodge should be brought into the Senate, and to discourage all such electioneering jobs, I vote " aye ".
Mr. WINTERBOTHAM, when his name was called, said: Knowing that resumption is an accomplished fact, and believing we are on the high road to prosperity, and wishing that financial differences may be taken out of politics, and believing they ought to be, I vote "aye."
Mr. VIEHE, in explanation of his vote when his name was called, said: Believing it not in order for the Senate to adopt any resolution that shall bind the action of any member in his vote for United States senator, I vote "no."
The roll-call having been completed, a senator moved that Mr. Major's name be called. The lieutenant governor so directed, but the senator not responding, the chair asked if the senator heard the resolution read?
Mr. MAJOR--No, sir.
The LIEUTENANT GOVERNOR then directed the reading of the resolution again.
Mr. MAJOR: "I was called out by a friend before the resolution was offered. I don't know the history of this motion. I know what my sentiments are and what I want to do. I don't want to be involved in any vote I don't understand. I don't know the motive that prompted this motion, nor do I know its effect. Therefore I don't want to vote. I know what I want, and can vote intelligently, if I know the intention and design of this vote, but without some further light I don't want to be picked up.
Mr. BURRELL: I move that he be excused from voting.
The yeas and nays on agreeing to this motion were demanded by Messrs. Harris and Langdon, and being taken resulted yeas 24, nays 22.
So the Senator [Mr. Major] was excused from voting.
Mr. MAJOR--I am now prepared to vote. [Applause.] I vote "no." [Renewed applause.]
The vote was then announced, as above recorded--yeas, 25; nays, 22.
So the resolution was adopted.
Mr. STREIGHT offered the following:
Resolved, That the Senate of the state of Indiana will vote for no man for United States senator who voted for, took and kept the congressional back pay, commonly called the salary grab, as no such man is entitled to the vote of the members of this Senate for the high and honorable position of senator of the United States.
Mr. STREIGHT demanded the previous question but the Senate refused to second the demand--yeas, 21; nays, 26.
Pending the roll call--
Mr. REEVE, when his name was called, said: The Senate of the State of Indiana is no political caucus in which should be discussed the merits claims and rights of candidates for office. I vote "no."
Mr. SARNIGHAUSEN, in explanation of his vote, said: I vote "no" for the same reason as given by the senator from Marshall [Mr. Reeve].
Mr. SMITH, when his name was called, in explanation of his vote, said: Believing the Senate has no right to determine how individual members shall vote on that or any other proposition, I vote "no."
The vote was announced as above, so the Senate refused to second the demand for the previous question.
On motion by Mr. VIEHE the resolution was laid on the table by--yeas 26, nays 21.
Mr. MENZIES offered the following:
Resolved, That no one shall be voted for for United States Senator who has been engaged in Venezuela bond speculations.
Mr. STREIGHT (Mr. Menzies holding the floor), I second the resolution. I hope that the resolution will pass.
Mr. MENZIES demanded the previous question, which being seconded by the Senate, under its operation the resolution was adopted--yeas,36; nays, 10.
Pending the roll call--
Mr. REEVE, when his name was called., said: Inasmuch as the only Venezuela bond speculator I know of is one of the regular candidates of the Republican party, and inasmuch as it is their privilege to vote for an infernal scoundrel if they want to, and inasmuch--
Mr. HARRIS (Interrupting)--I rise to a point of order. The words are unparliamentary. I demand that they be taken down.
Mr. REEVE--Yes sir: take them down.
The LIEUTENANT GOVERNOR--The chair does not remember the words.
Mr. REEVE--I will repeat them. I said that inasmuch as the only Venezuela speculator I remember is one of the regular candidates of the Republican party now, and inasmuch as the Republican party has the right to vote for any Republican scoundrel it wants to--I do not impugn the motives of any man nor refer to any particular member, but to the only speculator in Venezuela bonds I know of and inasmuch as the resolution reflects on the action of the Republican party which made that gentleman its nominee, I believe in their exercising the rights of American citizens and be left free and untrammelled to vote for whom they please. I vote "no."
Mr. STREIGHT: I ask the senator from Marshall [Mr. Reeve] if he knows such to be the case? If so, I would never vote for such a candidate for the United States Senate. I ask the senator to state whether he knows from personal knowledge or evidence that would be sufficient to condemn him, of the fact that any candidate for the United States Senate has been a speculator in Venezuela bond?
Mr. FOWLER rose to a point of order, that we are acting under the previous question, and this debate across the House is unparliamentary.
The LIEUTENANT GOVERNOR so decided.
Mr. SARNIGHAUSEN, when his name was called, in explanation of his vote said: For the same reason I voted "no" on the other resolution, I vote "no" on this.
Mr. SMITH, in explanation of his vote, said: For the same reason I assigned for voting "no" on the other proposition, I vote "no" on this.
Mr. VIEHE, when his name was called, said: Believing the Senate ought not to influence the vote of any senator, I vote "no."
Mr. WOODS, when his name was called, said: I believe this resolution is an attempt to influence the vote of some senator upon this floor, and, like the other resolution about the salary grab, it is an improper one to be introduced in this body. I don't think such a page: 49[View Page 49] resolution ought to come up before the Senate, and I vote "no".
The result of the vote was then announced as above, and so the resolution was adopted.
Then came the recess till 2 o'clock p.m.
AFTERNOON SESSION.
The Senate was not called to order till about 2:30 o'clock, when--
On motion by Mr. Kent, it was ordered that the Senate proceed first to the election of a United States Senator for the term ending the 4th of March next.
A call of the Senate discovered every member present except the Senator from Cass [Mr. Kahlo].
The lieutenant governor announced that nominations were in order.
Mr. Reeve: In obedience to the behests of the Democratic party of Indiana, through her Representatives, without a dissenting voice, and on behalf of that Democracy, I desire to present for the suffrages of this General Assembly the name of a man who to-day perhaps occupies a more prominent position, for the time being, than any other man in our nation; a man whose eloquence has been heard throughout the length and breadth of the land, and who has not only a state but a national reputation; a man who to-day stands upon the floor of the United State Senate--as dignified, intelligent and independent a body as exists in any deliberate organization in the world--a peer of any other member. But remarks are unneccessary--any eulogy is not needed in his case--I nominate Daniel W. Voorhees as a candidate for the office now to be filled by the suffrages of this assembly. [Tremendous applause.]
Mr. Langdon nominated the Hon. Godlove S. Orth.
Mr. Poindexter nominated the Hon. James Buchanan.
There being no other nominations, the ballot resulted: For Mr. Voorhees, 26 votes; for Mr. Orth, 22 votes; for Mr. Buchanan, 1 vote.
Those who voted for Mr. Voorhees were--Messrs. Benz, Briscoe, Burrell, Coffey,Davis, Donham, Foster, Fowler, Hart, Heffron, Kent, Kramer, Leeper, Major, Menzies, Peterson, Reeeve, Reiley, Sarnighausen, Tarlton, Traylor, Urmston, Viehe, Wood Wollen, and Winterbotham--26.
For Mr. Orth--Messrs. Cadwallader, Comstock, Davenport, Dice, Garrigus, Grubbs, Harris, Heilman, Langdon, Mecer, Moore, Oldes, Ragan, Shaffer, Shirk, Smith, Streight, Taylor, Treat, Trusler, Weir, and Wilson--22.
For Mr. Buchanan--Mr. Poindexter--1.
On motion by Mr. Kent, the Senate proceeded to an election of U. S. senator for a term of six years, commencing March 4, 1879.
Nominations being in order--
Mr. Reeve: The confidence of the people has been so repeatedly reposed in the distinguished citizen whose name has been recorded as our chose for U.S. senator for the term ending the 4th of March next, no eulogy is necessary, and I now place him in nomination as the standard bearer of the Democracy of Indiana, to uphold the principles of Democracy on the floor of the United States Senate, as a representative of the State of Indiana, for the six years ensuing, March 4, '79.
Mr. Grubbs: In behalf of the Republican party of Indiana, and as expressing their will, I desire to place in nomination General Benjamin Harrison of Marion County, a soldier, a patriot, and a statesman.
Mr. Poindexter nominated Hon. James Buchanan.
There being no other nominations, the ballot was taken and resulted: For Mr. Voorhees, 26 votes; for Mr. Harrison, 22 votes; for Mr. Buchanan, 1 vote.
The LIEUTENANT GOVERNOR declared Hon. D.W. Voorhees elected on the part of the Senate for the term ending on the 4th of March, 1879, and for the term of six years commencing on the 4th of March, 1879.[Tremendous applause].
Mr. MENZIES moved to reconsider the vote of this morning, adopting the joint resolution.[Mr. Streight'].
On motion of Mr. STREIGHT, this motion was laid on the table--yeas 26, nays 21.
House bill [S. 50--Mr. VIEHE'S] amending section 30 of the justices act of June 9, 1852, so that there shall be but one change of venue, coming up in order, it was read the third time, and finally passed the Senate by yeas 44, nays 1.
The bill [S. 4--Mr. COMSTOCK'S] to abolish the Superior Court of Wayne County, coming up in order, was read the third time, and finally passed the Senate by yeas 46, nays 0.
NEW PROPOSITIONS
Bills for acts were introduced, read the first time, and severally referred to appropriate committees, to-wit:
By Mr. VIEHE [S. 195] providing for the redemption of real property or interest therein sold on execution; to provide for deed of conveyance in such case, and to repeal an act therein referred to.
By Mr. STREIGHT [S. 196] regulating the tolls charged on plank or gravel roads located on read beds ceded by the United States to the State of Indiana, and matters properly connected therewith.
By Mr. KENT [S. 197] to protect the ballot box; to procure a fair election, and to prevent the sale and barter of votes.
By Mr. CADWALLADER [S. 198] prescribing certain duties of railroad companies to sound the whistle on all locomotive engines at the crossing of every turnpike or other public highway.
By Mr. BENZ [S. 199] to amend sections 1 and 2 of an act providing for the organization of county boards, approved June 17, 1852.
By Mr. KRAMER [S. 200] to amend an amendatory act to section 613 of the general practice act of June 18, 1852.
By Mr. DICE, by request, [S. 201] to amend section 4 of the act in relation to plank, McAdamized, tram, and gravel road companies, approved March 1, 1855.
By Mr. POINDEXTER,[S. 202] to amend section 26 of the common-school law.
By Mr. COFFEY, [S. 203] providing for the election, selection and implanneling jurors in the circuit courts, their compensation, etc.--$2.50 per day and 10 cents mileage.
By MR. Wilson, [S. 204] fixing the per diem and mileage of members of the General Assembly, and officers and employes.
And then the Senate adjourned.
