AFTERNOON SESSION.
Mr. Bell's bill [S. 5] authorizing pay to Supreme Court Commissioners-see page 28 of the Brevier Reports-being read the third time-
The bill passed the Senate by yeas, 34; nays, 6.
CHANGES OF VENUE.
Mr. Duncan's bill [S. 113] to amend Section 1,467 of the code of 1881 being read the third time-
Mr DUNCAN explained the bill confined changes of venue before Justices to one from the Justice and one from the Township. Under the present law in criminal cases as many changes may be taken as the parties see fit to swear to, which often becomes a means of defense with a view to wear out the prosecution without giving a chance for trial.
Mr. BROWN saw no necessity for this bill, understanding there is a decision which declares that but one change of venue from a Justice is allowable.
Mr. FOULKE also favored the bill, but doubted whether it would accomplish the desire of the author as to criminal cases.
The bill passed-yeas 39, nays, 0.
WHITLEY AND KOSCIUSKO COURTS.
The bill [H. R. 212] to fix the terms of Courts in the Thirty-third Judicial Circuit affecting the Counties of Whitley and Kosciusko, was read the first time. Referred to the Committee on Organization of Courts.
HE HOUSE OF REFUGE.
T The Senate resumed the consideration of Mr. Voyles' bill [S. 91] to change the name of the House of Refuge pending at the adjournment yesterday afternoon, the question being on Mr. Voyles'amendment to make as Trustees, Lewis Jordan, Levi Barnett and Hamet M. Helms
Mr. SPANN moved to amend the amendment by inserting the name of Finley Bigger, of Rush County, in place of Hamet M. Helms for the reason that his gentleman is a Democrat pure and undefiled. If we have to accept the inevitable, as we must, he desired to see this name inserted. If Democrats displace Republicans he wanted to get a good, honest Democrat in at least one position.
Mr. BROWN conceded the gentleman named was worthy and competent, but all have to take their chances.
The amendment to the amendment was rejected by yeas, 22; nays, 25.
The amendment [Mr. Voyles'] was agreed to by yeas, 26; nays, 19.
Pending the roll-call-
Mr. SPANN, when his name was called, in explanation of his vote said: The law as it now stands gives the Governor of the State the power to appoint these Trustees, while this bill leaves that power in the hands of the Governor only when there shall be a vacancy after the bill shall have passed and become a law. I shall vote against this amendment fixing the three names in the blank, for the reason I can not understand, and wish the Senator from Washington, or any other Senator, would tell me the reason or necess page: 137[View Page 137]sity for ousting any person or changing the Trustees of that Institution. If there has been any inefficiency, incapacity or dishonesty, or any charges made against the Trustees, and there is a necessity for a change, let it be stated. This Institution, reformatory in character, should have a first place in the hearts of every citizen.
Mr. BROWN made the point of order that the Senator is not giving reasons explanatory of his vote, but discussion the merits of the bill.
The Presiding officer [Mr. Bundy in the Chair] would not undertake to decide.
Mr. SPANN (resuming]: I am trying to explain that I am willing to vote for this amendment if the Senator will show me it is not a damnable outrage, or if he will show me there is a necessity. I say there is no necessity except a political necessity. Therefore, I vote "no."
The vote was then announced as above recorded. So the names were inserted.
Mr. FOULKE moved to amend. Apart from its political character, which he deplored, the bill contains some excellent provisions. The provisions of the present law allowing parents to send their incorrigible children to the House of Refuge is open to abuse. One of his amendments proposes to change the bill to the present law, making warrants for Trustees' pay paid on the order of the Governor [without casting any reflection on the Superintendent, but because the principle is right.] In Section 3, line 2, he moved to amend by making the subordinates appointed by the Governor on recommendation of the Superintendent, as the present law provides. The other amendment adds to Section 11 a proviso, saving commitment from being void for want of strict compliance with the form prescribed. The last amendment is to require a record to be kept of the boy after discharge, in the words recommended by the Trustees of said House of Refuge in their last report. He suggested other amendments, but made no motion in reference to these suggestions.
Mr. VOYLES did not think any of these pro posed amendments were either necessary or essential.
The PRESIDING OFFICER [Mr. Bundy in the Chair] stated the question to be on the first amendment the money to be drawn on the warrant of the Governor for pay of Trustees.
Mr, BROWN opposed this first amendment.
Mr. BELL: The warrant can not be drawn for more than the law allows, and as a matter of convenience it should remain as in the bill.
The first amendment was rejected by yeas, 14; nays 32.
The second amendment adding the words "not to exceed the number approved by the Governor" as in the present law-referring to the number of subordinates-was also rejected by yeas, 15; nays, 4.
The third amendment adding to the eleventh section the words "Provided that no commitment shall be void for failure to comply with this provision," was agreed to.
The last amendment, requested by the Board of Trustees, requiring a record of the conduct of boys after leaving the Institution to be kept, coming up-
Mr. BELL thought the less record kept of a boy after he gets out the better it will be for the boy in after years.
Mr. HILLIGASS also thought each a record might come up to plague the boy in after life.
Mr. FOULKE withdrew the amendment.
Mr. SPANN moved to amend so that this bill shall not take effect till after the terms of present Trustees expire. He offered this amendment to learn what was the reason of this proposed change
Mr. BENZ: Because there is a Republican over there, and we want to kick him out. [Laughter ]
Mr SPANN considered this a frank and honest confession. Two of the Democratic Trustees' terms expire in November. Why then do Senators want to turn out one of their number? Has there been any dishonesty discovered? Why is it? He hoped gentlemen would be as frank in answering as the Senator from Crawford [Mr. Benz].
Mr. BROWN said this was carrying out a great Democratic principle-rotation in office-a short official life for each individual-the public offices to be distributed so as to give the largest number of persons official engagement. He demanded the previous question.
The demand was seconded by the Senate-yeas, 27; nays. 15.
Under the operations of the previous question the amendment was rejected by yeas, 18; nays, 2[6?]; and the bill was ordered engrossed for the third reacting.
Pending the consideration cf the above bill-
AN ATTACHMENT ORDERED FOR A WITNESS.
Mr. McCULLOUGH from the Committee on Elections submitted a report, setting forth that Wm. L. Rude. of Morganstown, Morgan County, has failed to obey a summons issued by said Committee requiring him to appear and testify before said Committee in the contested case of Johnson versus Overstreet [the sitting Senate ] bringing with him certain papers, in said subpoena specially named; wherefore the Committee, upon the consent motion and request of both parties and their respective attorney ask that an attachment be ordered to be issued and served upon said witness, that his attendance may be enforced and testimony procured by the Committee and said papers be produced.
Mr. BELL said the return shows a personal service, but there is said to be some sort of an excuse for the witness not appearing. The Committee propose to instruct the Doorkeeper if certain, papers be in the witness' hand and are produced and there be a real necessity for the witness to remain away, to so permit. There is no desire to act harshly, but simply to have the power to bring the witness and papers here.
The report of the Committee was concurred in, and-
The PRESIDING OFFICER [Mr. Bundy] said: The resolution is adopted [Mr Bell, sotto voce-"and the attachment is ordered issued"-] and the attachment is ordered issued.
The Senate adjourned till to-morrow.
