IN SENATE.
TUESDAY, January 11, 1881-10 a.m.The President pro tem. called the Senate to order, and said: Senators,I present to you Lieutenant Governor Hanna, President of the Senate, who will now take the Chair.
The Lieutenant Governor, ascending the dias, said: Senators will rise while Rev. Mr. J.H. Sammis opens the session with prayer. After prayer-
Mr. Langdon offered the following:
Resolved, That the Senate tenders to Hon. F. W. Viehe, Senator from Knox and Sullivan Counties, its thanks for the very able and impartial manner in which he discharged the duties of President of the Senate.
On motion by Mr. Wilson, the resolution was adopted by a rising vote.
Mr. Bell offered a concurrent resolution, which was adopted, that all printing and stationery of every character to be used by the officers and employes of this General Assembly, shall be ordered through the State Printing Board,and for all bills allowed by said Board,the Auditor of State is authorized and directed to issue his warrant upon the State Treasury, and charge the same against the appropriation for Legislative expenses for session of 1881.
Mr. Briscoe offered a resolution, which was adopted for the appointment of a Committee of three, to ascertain where and at what price rooms for Committees can be obtained.
The Lieutenant Governor subsequently made the Committee to consist of Messrs. Biscoe, Smith and Wilson.
Mr. Grubbs offered a resolution adopting the rules of the regular session of 1879 for the government of the Senate, except Rule 8, until permanent rules shall be agreed to, and that a Committee of three be appointed to report such rules.
The resolutions were agreed to, and-
The Lieutenant Governor subsequently made the Committee to consist of Messrs. Grubbs, Viehe and Langdon.
Mr. Smith offered a resolution, which was adopted, directing the Secretary to place upon the desk of each member, every Monday morning, a printed calendar of pending business.
The Secretary's minutes of Thursday's and Friday's proceedings were read and approved as written.
The minutes of Saturday's proceedings were being read, until on motion, the further reading was dispensed with, as was also the reading of the minutes of Monday's proceedings.
Mr. Grubbs offered a resolution referring different portions of the Governor's Inaugural message to appropriate Committees.
Mr. Brown raised the point of order that such procedure is unusu1 and improper.
Mr. Grubbs contended it was in the line of parliamentary usage.
Mr. Hefron sustained the point of order, claiming that the inaugural is not any proper sense a message to the General Assembly.
Mr. Wilson regarded the resolution as eminently proper.
Chapman insisted the only question before the Senate is whether this is such a message as, under the Constitution, the Governor should deliver to the General Assembly. In his judgment it as appropriate as any message from the executive of the State.
Mr. Menzies questioned whether anyone had ever heard of such a stump speech-Inaugural address, so-called by courtesy-being seriously regarded as a message to a deliberative body? or whether a document of such a partisan character had a ever been dignified with the appellation of a message to the General Assembly? He considered it a stump speech of the most demagogical character. Any one going down into the purlieus and by-ways of some Ward in Indianapolis, in the heat of political campaign, would not have hear anything meaner than were something uttered by the man who stood in English's Opera House yesterday, to reflect the best sentiments of the people of the great State of Indiana.
Mr Bell did not regard the address referred to as a message to the General Assembly. It was made "under the gaslight," surrounded by exotics and in the presence of "fair women and brave men"-many of them. He would not consent that the Senate shall step dut of its way in order to make the address part of its record.
page: 36[View Page 36]Mr. Spann combatted the point of order, insisting that the only question is: Was this address delivered in the usual way to the General Assembly? It certainly contained much of importance to the General Assembly. In the three and a half hours' message delivered by Governor Gray, who has but just vacated the office of Governor, gentlemen on the right did not find a single word relating to the laying of the new corner stone of the State House of Indiana. while Governor Porter, in his brief address, had the backbone to call the attention of the people to the fact that the good name of the State gained by the heroic deeds of her soldiery was not attempted to be perpetuated by the Democratic Board of State House Commissioners who laid that corner-stone. [Applause on the left and in the galleries]
He was in favor of bringing that message before the Senate and making it part of the records, that it may go down into future history as a mark of condemnation against those gentlemen who failed to perform their duty.
Mr. Marvin counseled Senators on his side to let the friends of Governor Porter do as they choose in this matter, as it would not hurt us; but ou the contrary many of the sentiments expressed in the address will surely hurt the friends of their author.
Mr. Foster was also sure-if the Governor's friends were willing this address should go on the records-Democratic Senators can abide by such decision.
The Lieutenent Governor overruled the point of order, Heretofore the inaugural addresses of Governors have been made part of the record of both houses. The Chair considered them as messages, and being a part of the records, thought the Senate has a right to do with them as it pleases. He, therefore, held the point of order not well taken.
Mr. Hefron thereupon submitted the following appeal from the decision of the Chair:
The Senator from Morgan introduced a resolution directing the reference of the different parts of the Governor's inaugural address to the appropriate Committees. And thereupon the Senator from Jackson raised the point of order that the resolution was not in order, and the Chair overruled the point of order, from which ruling of the Chair the undersigned respectfully appeal.
(Signed)D.J. HEFRON,
R.C. BELL.
Mr. Chapman looked upon gentlemen on the other side as being a little off their feet by reason of contents of the message, or they would not take the position they have.
The address was delivered to a Joint Convention of the two Houses. The Senate adjourned under the operations of the resolution that it should appear in the Opera House, and as much legality attended the convening of the Joint Convention as will attend any we may hereafter hold.
Mr. Urmston would like to know of a single in stance where an inaugural address has been made a part of the record of the General Assembly in the nature of a message and yet gentlemen on the opposite side see fit to call it a message. It was necessary the Governor should make a speech to the crowd assembled to witness his inauguration. All we want to do is to decide whether that was a message or an address. It it was an address the appeal is well taken. if a message the appeal is not well taken.
Mr. Comstock understood an inaugural address may be addressed to a Legislative Assembly or to citizens of the State at large. The address yesterday was delivered before the Legislature; but conceding it was delivered to the citizens of the State, it is a proper subject for the consideration of the Senate Committees.
Mr. Brown thought it a duty to receive a petition from any citizen of the State, and treat it respectfully. But the Senate is asked to take cognizance it of an inaugural address as though it were a message coming from the Governor, when it is not the kind of a message contemplated by the Constitution. No journal kept by either House since 1852 shows where an inaugural address has been taken up and referred to Committees. He opposed making a precedent for future action in direct opposition to such a long line of precedents. The Governor has not yet given notice of his desire to communicate a message to either House of the General Assembly, and he has not asked the Senator over the way (Mr. Grubbs) to bring his address before this body. A message delivered to either branch of the General Assembly is addressed to that branch, and is authenticated by the signature of the Governor who sends it. This address does not come from the Governor to the Legislature: it was simply a part of the performances at the inaugural ceremonies-an exercise that has grown up in the past a few years. This is not a question of politics, but a question whether the whole course of legislative proceedings shall be overthrown by the Republican party simply because,with the vote of the presiding officer, it has one majority here.
Mr. Owen apprehended the Senators would look at this question in a little different light were it not that there is some disagreement between the message of the retiring Governor and the inaugural address. Inasmuch as the message of Governor Gray has been referred to the appropriate Committees, it is but courteous that the information communicated by the newly inaugurated Governor should also be referred, and let the Committees consider his recommendations also. His inaugural address was delivered when the Legislature was assembled as a Senate and as a House of Representatives, and the law is complied with as to that.
Mr. Grubbs did not expect a political discussion to take place on this resolution when hi introduced it. Neither was it his purpose to bring the message to the Governor before the Senate, as it is already before us. This address was delivered by the Governor of the State, who, having taken the oath of office, had the right to make recommendations to the General Assembly, being authorized by the Constitution to do so. More than that, the message was delivered to the General Assembly. Both House prepared to the Opera House for the purpose of listening to that message. The President pro tem. of the Senate presided over that Convention and announced that the General Assembly had convened there for the purpose of the witnessing of the inauguration and receiving the message of the Governor and at its close the presiding officer adjourned the Joints Convention in the usual form. In its matter the message is just what the Constitution implies shall be addressed to the General Assembly, recommending such measures as the Governor may deem expedient. It is not aninaugrual but in the name, and no less a message because it is delivered but a few moments after the author was sworn into office.
Mr. Langdon considered the only question to be on the adoption of the resolution, while the discussion is taking a very wide range. It is perfectly proper for the Senate to refer any paper coming before it to any of its Committees.
Mr. Hefron based his objections on the precedent and practice that has always heretofore obtained in this State. The Governor's inaugural is simply an address; how these addresses get in the journals of the two House, he could not tell: but the proposition to refer any portion of them to Committees is without precedent. Why this address should be referred to Committees, in violation of long established custom, he could not understand, unless it be because there is so much in it offensive to the political opponents of the author. Not through discourtesy to the Governor, but because it was a departure from established usage, did he oppose the proposition to refer.
The resolution proposing to refer certain parts page: 37[View Page 37] of the inaugural address to standing Committees of the Senate was adopted by yeas 26, nays 23.
The following described joint resolutions and bills were introduced and read the first time:
By Mr. Woods [S. J. R. 1]: Authorizing the Governor to appoint a Surveyor to survey lands of the on the Kankakee River, etc., and report the best means of drainage.
By My Graham [S. J. R. 2]: Requesting Congress to use their influence to repeal the act conferring supreme jurisdiction upon Circuit and District Courts in cases against National Banks, without regard to the amount involved.
By Mr. Bell [S. 1]: to extend jurisdiction of Vigo Criminal Court.
By Mr. Briscoe [S. 2]: To repeal the act of March 29, 1879, called the railroad whistling nuisance.
By Mr. Brown [S. 3]: For the calling of a Constitutional Convention with 150 delegates.
By Mr. Chapman [S. 4]: For the government of the State's Prisons.
By Mr. Compton [S. 5]: To amend Sections 17 and 18 of the mining act.
By Mr. Comstock [S. 6]: Concerning claims against decedents' estates.
By Mr . Foster [S. 7]: To establish school libraries in cities of 15,000 and over.
By Mr. Hefron [S. 8]: To regulate charges for the transportation of freight on railroads.
By Mr. Langdon [S. 9]: For compulsory education--shall attend school at least twelve weeks per annum.
By Mr Leeper [S. 10]: Authorizing County Commissioners to convey cemeteries.
By Mr Lockridge [S. 11]: Regulating recognizance and their contrivances.
By Mr. Menzies [S. 12]: Changing times of Courts in Posey County from June till August. [Read three times and passed under a dispensation of the Constitutional restriction.]
By Mr. Rahm [S. 13]: To reduce the interest on school fund loans to 6 per cent.
By Mr. Sayre [S. 14]: Concerning judgments.
By Mr. Shaffer [S. 15]; For the government of State Prisons.
By Mr. Smith [S. 16]: To amend Section 79 of the general city incorporation act.
By Mr. Taylor [S. 17]: Concerning parties to action.
By Mr Van Vorhis [S. 18]: Supplemental to the general city incorporation act.
[A message from the House of Representatives announced the passage by that body of a concurrent resolution authorizing the printing of 10,000 copies of Governor Gray's message and Governor Porter's inaugural address, and concurrence in the Senate resolution concerning stationery for members and employees of the General Assembly.]
By Mr. Urmston [S. 19]: In relations to the time defendants shall appear and answer in civil cases.
By Mr Voyles [S. 20]: To amend Section 74 of the Common School Law.
By Mr. Wilson [S. 21]: To provide for the government and discipline to State's Prisons.
Mr. Wilson, on presenting this bill, and before it reached the Reading Clerk, moved for dispensation of the Constitutional restriction requiring bills to be read on three several days, in order (as it is a long one that it might be read by title only for the first reading.
A constitutional provision requiring a two-thirds vote by yeas and nays, they were ordered , and being taken, resulted: yeas 29; nays 2.
No quorum voting. On motion, the Senate adjourned till to-morrow at 10 o'clock.
