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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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IN SENATE

FRIDAY, February 11, 1881--10 a. m.

The LIEUTENANT GOVERNOR commanded attention while Rev. Mr. Broyles (colored) offered prayers.

STATE BOARD OF FISHERIES.

On motion by Mr. WILSON, his bill [S. 24] authorizing the appointment by the Governor of a Commissioner of Fisheries, was read the second time.

Mr. SAYRE moved to amend the bill by increasing the appropriation from $1,000 t $3,000.

Mr. WILSON said this bill was framed y one of the best pisticulturists in the State. Under its provisions great benefit will result to the entire people of the State. The portion relative to the duties of the Commissioner is largely copied from the law of Michigan. It is exceedingly modest so far as the proposed expenditure is concerned. This is an untried experiment in Indiana, and he had no objection to the amendment. A similar bill pending in the House appropriates $5,000.

The amendment was agreed to, and the bill ordered engrossed for the third reading.

On motion by Mr, COMSTOCK, the last two votes were severally reconsidered.

Mr. WOODS thought $1,000 would not be sufficient. There ought to be at least $3,000 to make a fair experiment. It will require about one year of careful study to establish a place, and $1,000.

On motion by Mr. BUNDY, the appropriation was fixed at $2,000.

The bill was ordered engrossed.

CONSTITUTIONAL CONVENTION AND AMEND-
MENTS.

The Senate proceeded to the consideration of the special order, being the bill [S. 3] for the calling of a Constitutional Convention, and the bill [H. R. 15] for a resubmission to the people of the proposed Constitutional Amendments.

Mr. COMSTOCK asked for consent to amend the bill [H. R. 16] so as to fix the date of the election at March 7, 1881.

Mr. MENZIES and Mr. VIEHE objected to considering the amendment, simply on the ground that the time proposed is much too short.

Mr. CHAPMAN thought there ought to be no objection to the hearing of the amendment, as to what time will depend on the vote of the Senate afterward as to the day, for there was an understanding that these bills should move along together.

On motion by Mr. LANGDON--yeas, 27; nays, 22--the order for the engrossment of the Senate amendment was set aside.

Mr. COMSTOCK moved to fix the day at March 7.

Mr. BROWN moved to amend by making it the first Tuesday in April.

Mr. GRUBBS offered a substitute, making the day Monday, April 4.

Messrs. Comstock and Brown withdrew their amendments.

The substitute amendment was agreed to without division.

The bill [H. R. 16] was then read the third time.

Mr. KRAMER moved that the further consideration of these bills be postponed till Wednesday next, at 10:30 o'clock a. m. They have been postponed for the accommodation of gentlemen on the other side. and now that one of our members is not present--one who took a very active part in the discussion of these bills-he thought it but right and fair that the postponement should be had.

Mr. OWEN was satisfied that the Senators referred to (Mr. Bell) did not think of this vote being taken to-day, or would have made arrangements more definite for a pair. He was willing to abstain from voting on the Constitutional Convention bill, but on the final vote on the bill resubmitting the Constitutional Amendments, was not willing to refrain from voting, inasmuch as the Senator from Johnson (Mr. Brown) gave notice that the final vote would be taken to-day.

Mr. BENZ said he is the only Senator who has not yet gone home. He stayed here two days twice on account of the coming up of this bill on the Constitutional Amendments, and as he wanted the vote on that bill to come off to-day, he should vote against the motion to postpone.

The motion was rejected by yeas, 22; nays 27.

The LIEUTENANT GOVERNOR declared the first vote will be on the passage of the bill S.3, for calling a Constitutional Convention, and that the Senator from Jackson [Mr. Brown] was entitled to the floor.

Mr. BROWN--As it was so near noon he would like to have the matter laid over till after the page: 169[View Page 169] election of Prison Directors, which takes place at 2 o'clock.

Then came a recess till 2 o'clock.

AFTERNOON SESSION.

On motion by Mr. KRAMER, his bill [S. 67] to extend the terms of Township Trustees to two years, etc., having been heretofore read the third time, was passed by yeas, 40; nays, 1.

The Revision Committee's bill [S. 169] to authorise guardians for persons of unsound minds, ect., being read the third time--

Mr. COMSTOCK said--The only amendment of the present law is to Section 4, and provides that where the party is absent from Court, it requires the affidavit of some respectable person that the party alleged to be insane can not, without injury to his personal health, be brought into Court, and thereupon his presence in Court may be dispensed with.

The bill passed by yeas, 46; nays, 0.

The Committee on Revision's bill [S. 212], requiring ferrymen to obtain license from County Commissioners and prescribing rules and regulations for the government of ferry keepers.

Mr. MENZIES explained that the only change is to affect the owners of ferries in Illinois and Kentucky, to be regulated and governed by regulations and fees of the County Boards.

The bill passed by yeas, 49; nays, 0.

A Committee from the House of Representatives appearing at the bar of the Senate, its presence was announced, and being recognized by the Chair--

Representative TETER said: A Committee of the House had come by direction of the House to inform the Senate the House was in waiting for the Senate to appear in the Hall of the House in Joint Convention for the purposes set forth in a concurrent resolution adopted heretofore--

And thereupon Senators left the Chamber and proceeded to the Hall of the House.

When Senators had returned and order was restored--

The LIEUTENANT GOVERNOR announced the consideration of the bills pending as a special order for to-day, S. 3 and H. R. 16. The vote to be first taken upon the bill S. 3, upon which the Senator from Jackson [Mr. Brown] has the floor.

Mr. BROWN said: I hazard nothing in saying that if the present pending amendments were out of the way, the bill providing for the calling of a Constitutional Convention would certainly pass the Senate; for I can not believe that the Senators upon the other side of the Chamber would be deaf and dumb to the wants of the people and allow party caucus or political dictation to control their action; therefore, I shall confine myself in closing what I intend to say on this bill entirely to the question as to whether these proposed amendments are lawfully pending, and in a condition to be constitutionally and rightfully submitted to the people. [Mr. B. then proceeded to address the Senate in the line of argument indicated.] When he had concluded--

Mr. GRUBBS said: The argument of the Senator from Jackson (Mr. Brown) this afternoon has been almost entirely upon the question of the proposed Constitutional Amendments, and it would be my right, if I desired, to respond to his speech; but as I believe it more important that there should be an early vote on the bills, I decline to do so, and call for the vote now.

The LIEUTENANT GOVERNOR--The way I understand it, the first vote is to be taken on the bill S. 3. Call the roll.

A constitutional provision requiring the yeas and nays on the final passage of every bill. They were ordered, and being taken, resulted--yeas, 21; nays, 28, as follows:

Yeas-Messrs. Bell, Benz, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Major, Marvin, Menzies, Traylor, Urmston, Viehe, Voyles and Woollen-21.

Nays-Messrs. Bischowski, Briscoe, Bundy, Chapman, Comstock, Davis, Garragus, Graham, Grubbs, Henry, Hostetter, Kahlo, Keiser, Langdon, Lockridge, Macartney, Owen, Poindexter, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, White, Wilson, Wood and Yacey-28.

So the bill failed to pass.

The question being on the final passage of the bill [H.R. 16] to provide for a re-submission of the Constitutional Amendment to a vote of the people on the 4th of next April.

The yeas and nays were ordered, and being taken resulted--yeas, 28; nays, 21--as follows:

Ayes-Messrs. Bischowski, Bundy, Chapman, Comstock, Davis, Garragus, Graham, Grubbs, Henry, Hostetler, Kahlo, Keiser, Langdon, Lockridge, Macartney, Owen, Poindexter, Ristine, Sayre, Shaffer, Smith, Spann, Van Vorhis, Viehe, White, Wilson, Wood, Yance--28.

Nays--Messrs. Bell, Benz, Briscoe, Brown, Coffey, Compton, Davidson, Foster, Hart, Hefron, Howard, Hutchinson, Kramer, Leeper, Major, Marvin, Menzis, Traylor, Urmston, Voyles, Woollen--21.

So the bill passed.

And then the Senate adjourned.

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