IN SENATE.
FRIDAY, March 4, 1881--10 a. m.CONFIRMATIONS BY THE SENATE.
The Committee on Executive Appointments reporting favorably thereon, the Governor's appointments of George I. Reed, of Miami County, and Barnabas C. Hobbs, of Parke County, as Trustees of the State Normal School, were again severally confirmed by the Senate, the error in the first message transmitting these appointments to the Senate as to term of service having been corrected.
PRICE OF CONVICT LABOR.
Mr. BRISCOE introduced a bill [S. 332] in relation to the leasing or hiring of labor of convicts in the State's Prison. [Shall not be lawful to lease such labor for a sum less than $1 a day for each convict], which was read the first time and referred to the Committee on Prisons.
GENERAL APPROPRIATION BILL.
Mr. WILSON, the Chairman of the Finance Committee, by consent informed the Senate that the bill [H. R. 422] making general appropriations for carrying on the State Government, which was referred to the Committee on Finance yesterday evening. could not be procured by the Committee for consideration until this morning; that the bill is not yet printed so as to inform Senators of its contents, and that the Committee request the Senate to to take such action as is deemed best for its speedy consideration, either in Committee of the Whole, or otherwise, as may suit its pleasure.
On motion by Mr. COMSTOCK, the Senate proceeded to the consideration of House bills on the second reading.
VACATING TOWN CEMETERIES.
The bill [H. R. 12] to vacate cemeteries within or adjoining corporate limits of towns or cities being read the second time--
Mr. GARRIGUS explained the purpose: Where there have been no burials within five years, and other restrictions.
Mr. BELL offered amendments, which were agreed to; also an additional Section authorizing use of moneys derived from sales of lots for improvement of approaches.
Mr. GRAHAM favored this new Section.
On motion by Mr. BELL, the constitutional restriction was dispensed with, the amendments considered as engrossed, the bill read the third time and passed by yeas, 34; nays, 6.
JUSTICES' REPORTS OF FINES.
The bill [H. R. 105] relating to the duties of Magistrates was read the second time, and the amendments reported by a Committee concurred in.
Mr. COMSTOCK explained: It was intended to remedy evils important to every County in the State. It provides that Justices of Peace must report fines to County Treasurers semi-annually in writing, when they amount to three times what mileage would be. On his motion, the constitutional restriction was suspended, and the bill pressed to the final vote, and passed the Senate by yeas, 37; nays, 1.
CRUELTY TO BEASTS.
The bill [H. R. 32] defining cruelty to animals and to prevent the same, was read the second time, with amendments proposed by the Committee.
Mr. GRUBBS moved to refer this bill to the Judiciary Committee.
Mr. FOSTER believed this one of the most humane and one of the best bills that has been before this Legislature. One need not go a block in this city to see animals mistreated.
Mr. CHAPMAN saw no necessity for recommitting this bill. It is not a novel measure, though novel to the Indiana Legislature. The bill was carefully drawn by a lawyer; was considered by a Committee of the other branch of the General Assembly. Its only intention is to prevent cruelty to animals.
Mr. GRUBBS withdrew his motion, having no desire to antagonize the bill; on the contrary, he favored it.
Mr. MARVIN opposed the reference to the Committee named, which is composed of lawyers. He objected to making that Committee the graveyard for this bill.
Mr. HEFRON thought this bill ought to have further Committee consideration. There is am existing law which he conceived to be sufficient.
Mr. LOUGHRIDGE renewed the motion to refer not because he was opposed to the bill. He was page: 265[View Page 265] heartly in favor of it, but desired an amendment to protect stock in transit.
Mr. COMSTOCK said the bill was considered by the House Judiciary Committee. The Committee on Benevolent Institutions of the Senate have also carefully considered it. Therefore he hoped the motion would not prevail.
The motion was rejected.
On motion by Mr. VAN VORHIS, the constitutional restriction was set aside after two votes by yeas and nays--the first 33 to 9, the last 36 to 9--and the bill was read the third time.
Mr. KRAMER would favor the bill did he not think it would be productive of many malicious prosecutions.
The bill passed by yeas, 32; nays, 13.
VANDERBURGH SUPERIOR COURT.
The bill [H. R. 107] to restrict the number of terms of the Vanderburgh Superior Court was passed through two readings, under a dispensation of the constitutional rule, and passed the Senate by yeas, 37; nays, 0.
ADMITTED TO THE ORPHANS' HOME.
The joint resolution [H. R. 3--see pages 136 and 137 of these Reports] to admit George Menser to the Soldiers' and Sailors' Orphans' Home at Knightstown being read the second time, with a Committee report recommending its passage, the report was concurred in.
Mr. WILSON, in answer to an inquiry, stated that Mr. Menser served four years in the Army of the Rebellion, and was honorably discharged; is a quiet, peaceable, good man; in politics, a Democrat--in sentiment, a Union man. From the fact that he had experience as a cannoneer he was always called upon and devoted his services to fire cannon upon public occasions and gala days. The accident by which he lost his arms occurred without his own fault--the man who swabbed the cannon used an old swab that slipped up and the gun wen off prematurely. The occasion was when Governor Porter visited the city. The law establishing the Home at Knightstown admits a class of persons who are meritorious, and at the time of application are disabled. This man will not be a burden to the State, for he is a man of industry, and he can discharge little offices about them, and fill the place of an employe.
Mr. FOSTER, as a rule, would not be in favor of sending any man to this Home, but believing this an extraordnary case, would vote for the resolution most heartily.
Mr. WOOLLEN would oppose such a resolution as a general thing, especially when it sends a man to an Institution established for the care of children, but believing this man can be made useful there, he should vote for it.
Mr. HEFRON found himself opposed to this resolution, believing it not the true policy to allow our sentiments of generosity and humanity to run off with our judgement. He only addressed himself to the general principle in the resolution, without reference to the person named. It creates an invidious distinction, there being hundreds in the State whose claims are as strong as this one. If this special act is passed, similar acts will be claimed in behalf of others just as deserving.
The joint resolution passed--yeas, 34; nays, 6.
Pending the roll-call--
Mr. BELL disclaimed being influenced by any political or other consideration than that of right. Not thinking the Legislature has the right to pass such a resolution, he voted "no."
Mr. COMSTOCK ignored politics and the occasion on which this accident occurred. Believing the resolution itself gives authority for the admission of this man, he voted "aye."
Mr. URMSTON was not certain a resolution of this kind will give this right to direct that such a citizen may be admitted to that Institution. Yet it would be establishing a very bad precedent, and one any other citizen would have as much right to ask admission as this one. He thought there was no right to admit this man under such a resolution, and however much he would like to, he was compelled to vote "no."
Mr. VOYLES thought a just and fair interpretation of the present law would have admitted this case without the interposition of such a resolution. He voted "aye.'
Mr. WOOD did not care a cent whether this Legislature had the right to send this man there or not, he should vote "aye."
So the joint resolution passed.
AFTERNOON SESSION.
ASSESSMENT FOR TAXATION.
The LIEUTENANT GOVERNOR announced the special order to be the consideration of the bill [H. R. 204] concerning taxation.
Mr. CHAPMAN moved to postpone the special order till 4 o'clock p. m.
Mr. MENZIES stated that over $54,000,000 of taxable property escaped taxation during last year. This bill will remedy this defect and take in $100,000,000 of property heretofore not taxed.
Mr. BELL said the Senator from Posey [Mr. Menzies] has been a member of the Special Committee which has had this bill in hand, and has a had an opportunity to examine it. He saw no need he for hurrying this bill through under a suspension of the constitutional rule. We may, by hasty action, enact a bill that will allow more than of $54,000,000 to escape taxation. There is no emergency, such as is contemplated in the Constitution, that the reading of this bill by sections should be refused. It should take three weeks to consider a bill of this kind as it should be.
Mr. SPANN remembered when a bill was before the Senate, the other day, of over 800 sections it was hurried through, but now when a bill comes in affecting corporations, with only about 5 per he cent. new matter, Senators are making dilatory motions. This bill ought to be proceeded with at once, there being only about twenty-seven days between this and the first day of April--assessment day.
Mr. FOSTER was willig to have this bill considered, though satisfied there are some villainous provisions in it. He was not favorable to it. If it comes up there is not time to consider it, there being but a few hours till the time for passing bills in the regular session expires.
Mr. CHAPMAN demanded the previous queston, which was seconded by the Senate, and under its operations the motion to postpone till 4 o'clock was rejected by yeas, 2; nays, 43.
Mr. BROWN made an ineffectual motion--yeas, 12; nays, 32--to postpone the further consideration of the bill till 10:30 o'clock to-morrow.
After reading eight sections--
On motion by Mr. GARRIGUS, the vote refusing to suspend the constitutional rule was reconsidered, and the Senate again refused, by a yea and nay vote, to suspend the rule that the bill be read by title only.
Mr. BROWN and Mr. VIEHE have had no time to read this bill, but would do so to-night, and join in suspending the constitutional rule to-morrow, that it may be read by title only.
Mr. MENZIES urged the consider of this bill there being only twenty-five new sections out of 286. He did not seek to take any advantage of haste or speed.
On motion by Mr. CHAPMAN, the further consideration of this bill was postponed till 10:30 o'clock to-morrow morning.
JURORS' PAY.
On motion by Mr. CHAPMAN, the constitutional rule was dispensed with, and the bill [H. R. 309]--see page 243 of these Reports--to increase the pay of Jurors from $1.60 to $2 per day, was read the first and second time by title only, the third time by sections, and passed the Senate by yeas, 40; nays, 1.
page: 266[View Page 266]FISH PROTECTION.
Mr. LANGDON introduced a bill [S. 333] to amend Section 2 of the act for the protection of fish by appropriately inserting the word "explosive," which was on his further motion pressed through the three several readings under a suspension of the constitutional restrictions and passee the Senate by yeas, 40; nays, 1.
FREE TURNPIKE ROADS.
On motion by Mr. SHAFFER, his bill [S. 217] to amend Section 2 of the free turnpike road act of March 24, 1879, [by inserting the words "on each $100" in line 4 between the words "one mill" and the words"'for every ten milest" referring to the road fund levy], was read the second time, and, under a dispensation of the constitutional rule, read the third time and passed by--yeas, 32; nays, 8.
GENERAL LEGALIZING.
On motion, by Mr. GRUBBS, the bill [H. R. 280] to legalize the election of all officers and the acts of all officers of all towns since the year 1877, where they held elections at one voting Precinct instead of in the several Wards, was read twice by title only, pressed to a final vote under a dispensation and passed by-yeas, 40; nays, 0.
PUBLICATION OF REVISED STATUTES.
On motion, by Mr. COMSTOCK, the bill [H. R. 437] concerning the publication of the Revised Statutes of 1881, was read the first time and referred to the Committee on Organization of Courts.
THE DANIEL HOUGH LIBRARY.
Mr. GARRIGUS from the Special Committee thereon, submitted the following report:
Mr. PRESIDENT-
The Joint Special Committee appointed to examine and inquire as othe advisability of purchasing the "Daniel Hough Library," as recommended in the message of Governor Gray and the report of the State Librarian, beg leave to report that they have examined the catalogue and collection of books, manuscripts, etc., and that the same contains more than 1,500 titles and many valuable books, many volumes being out of print and therefore not to be obtained elsewhere.
The early history of this State and Territory is treated of in many of the volumes which are necessary for a complete history of the Territory and State of Indiana, and this collection has been made by the late Daniel Hough at a great cost and expense, as well as much search and trouble therefor, during many yearsof his life devoted thereto, and the majority of said Committee, therefore, report the annexed concurrent resolution and recommend its adoption.
HENRY C. MEREDITH,
T. S.
FANCHER,
C. T. AKIN,
MILTON
GARRIGUS,
JASON B. BROWN.
Resolved by the Senate (the House of Representatives concurring), that the State Librarian is hereby authorized, and directed to purchase for the use of the State, the collection of books, etc., known as the "Daniel Hough Library," provided the same can be had at a cost not to exceed $1,000.
The report was concurred in and so the resolution was adopted.
Then the Senate adjourned till to-morrow.
