AFTERNOON SESSION.
Mr. FOULKE introduced a bill [S. 198] to pay the Principal Secretary of the last Senate $200 for making an index of the last Senate journal, which was read the first time and passed to the second reading.
THE DOORKEEPER.
Mr. DUNCAN offered a resolution discharging the Principal Doorkeeper with a view of obtaining the services of an efficient Doorkeeper who can run said office with seven assistants as required by law, and therefore at far less expense to the people, and that the Senate proceed at once to select a suitable and competent person to such office. He demanded the previous question.
The demand for the previous question was seconded by yeas, 23; nays, 18, and under its operations-
The resolution was agreed to by yeas, 23; nays, 21- as follows:
YEAS-Messrs. Adkinson, Benz, Bichowski, Campbell, Duncan, Fleming, Foulke, Graham, Henry, Keiser, Lockridge, Lindley, Macartney, McIntosh, Overstreet, Ristine, Sayre, Smith of Delaware, Spann, Van Vorhis, White, Yancey and Youche-23.
NAYS-Messrs. Compton, Davidson, Ernest, Faulkner, Fletcher, Hill, Hilligass, Hoover, Hutchinson, Johnston of Dearborn, Johnson of Tippecanoe, Marvin, May, McClure, McCullough, Null, Rahm, Richardson, Smith of Jay, Voyles and Willard-21.
Pending the roll call-
Mr. McINTOSH, when his name was called, said, I would like to explain. Senators will remember that about four days after the passage of a resolution authorizing the appointment of five additional assistants to the Doorkeeper offered a resolution requiring the discharge of all not authorized by law. A great portion, probably one-half, of my Democratic colleagues voted to lay my resolution on the table, and most of my Republican friends voted with them, and my Democratic friends seemed well pleased to have the Republicans vote with them. I thought, and still think that fifty Senators require no more Doorkeepers than 100 members in the other House, and I have been all the time in favor of going back to the number limited by the statutes, and as it seems that can't be done in no other way-a desperate case requires desperate means-I vote "aye."
The vote was announced as above recorded.
And so the resolution was adopted.
Mr. DUNCAN moved to reconsider the vote just taken and lay the motion to reconsider on the table.
The latter motion was agreed to by yeas, 24; nays, 23.
Mr. DUNCAN offered a resolution that Richard Huncheon be declared Doorkeeper of the Senate.
Mr. MARVIN raised the point of order that the resolution is not in order.
Mr. DUNCAN said the resolution just adopted required a selection now.
The LIEUTENANT GOVERNOR decided the point of order not well taken.
Mr. MARVIN made the point of order a Doorkeeper can not be elected by a resolution.
Mr. HILLIGASS moved to amend the resolution by substituting the name of Captain Charles A. Edmonds, the Assistant Doorkeeper. He said, from the commencement of the session, it was understood there has been some objection to the Doorkeeper. Being a new member he has known but little of the past customs of the Senate or the employes necessary for the body. But action has been taken. We are now without a Doorkeeper, and in offering this amendment he came before the Senate representing in that motion a worthy man and a soldier a gentleman who comes with an empty sleeve, having lost an arm in defense of his country; and he proposed to put the Republican side of the Senate on their mettle as to the adoption of the amendment. He demanded the previous question.
The Senate seconded the demand, and under the operation thereof the amendment was agreed to by yeas, 25; nays, 21, as follows:
YEAS- Bell, Compton, Davidson, Ernest, Faulkner, Hill, Hilligass, Hoover, Hutchinson, Johnston of Dearborn, Johnson of Tippecanoe, Macartney, Magee, Marvin, May, McClure, McCullough, McIntosh, Null, Rahm, Richardson, Smith of Jay, Voyles, White and Willard-25.
NAYS-Messrs. Adkison, Benz, Bichowsky, Brown, Bundy, Campbell, Duncan, Fleming, Fletcher, Foulke, Graham, Henry, Keiser, Lockridge, Lindley, Overstreet, Ristine, Sayre, Smith of Delaware, Spann, Van Vorhis, Yancey and Youche-23.
And so Mr. Edmonds was elected as Doorkeeper of the Senate.
The resolution, as amended, was adopted without a division.
The LIEUTENANT GOVERNOR requested the Senator from Brown [Mr. Duncan] to step in one of the Court rooms and bring in one of the Judges-the first one you can find.
Judge Norton: If the Criminal Court, soon appearing, Mr. Edmonds was sworn into office. [Applause.]
WOMAN SUFFRAGE.
Mr. Foulke offered a concurrent resolution recommending Senators and requesting Representatives in Congress from Indiana to urge the passage of an amendment to the Constitution that the right of suffrage shall not be abridged on account of sex.
It was referred to the Committee on Claims of Women.
REGISTRATION OF VOTERS.
Mr. FOULKE offered a resolution requiring the Committee on Elections to return the bills S. 77, 82 and 83 concerning registration to-morrow morning.
Mr. BELL and Mr. SAYRE, members of the Committee on Elections, protested against the passage of the resolution.
Mr. FOULKE thought the Committee on Elections had so much to do these bills had better be returned and considered by another Committee.
Mr. BROWN knew of no Committee which has page: 142[View Page 142] done so much work as the Committee on Elections, and did not consider the resolution right. He moved to lay it on the table.
The motion to lay on the table was agreed to.
The House concurrent resolution, in relation to the ceding of certain lands by the United States to this State, was laid on the table by concurrence in a Committee report.
FEMALE SUFFRAGE.
Mr. FOULKE offered a joint resolution [S. -] proposing to Section 2, Article 2, of the Constitution an amendment abolishing all Qualification of voters on account of sex.
Mr. BROWN raised the point of order that while there is an amendment pending either before the Legislature or the people the Constitution provides no other proposition shall be made. Any member can make a proposition, but not while pending amendments are undisposed of.
Mr. FOULKE referred to the decision of the Senate that there are no Constitutional amendments pending, which is res adjudicata as far as this House is concerned.
Mr. BELL referred to the fact that the Senate composes but one-third in number of the General Assembly, and that Constitutional amendments are pending in the other branch of the Legislature.
Mr. VAN VORHIS considered the action of the other House has nothing to do with the action of this body in that matter.
Mr. BROWN insisted that it takes the Senate and House of Representatives to constitute the General Assembly. He read Article 16, Section 1, of the Constitution, then Section 2 of the same article. Then both branches must declare the action of the General Assembly. The Constitutional amendments are presumably awaiting the action of the General Assembly until both Houses decide otherwise. So long as the question of their reference is undisposed of they are awaiting the action of the General Assembly. The Senate has adopted a report from the Judiciary Committee which says these amendments are not awaiting the action of the General Assembly. That may be true or not. That report is not binding upon the Senate by any means. He was surprised that some of the advocates of those measures have not forced the Senate to a vote upon them. They still are here and will be here until both branches of the Legislature declare otherwise.
The LIEUTENANT GOVERNOR: I want to hear the Senator from Madison [Mr. Henry] and the Senator from Wabash [Mr. Sayre] on this point.
Mr. HENRY was surprised at the position taken by the Senator from Jackson [Mr. Brown]. We had the question referred to the Judiciary Committee, and that Committee reported that there were no Constitutional amendments pending. This Senate agreed to the proposition, and it is settled by the journals of this body that there are no amendments pending or referred to this Legislature from the last. How are you going to get around it?
Mr. BROWN (interposing): Suppose the House of Representatives should agreed to these amendments. If it does they will come here, won't they? And suppose myself and four or five other Senators on this side change our minds and vote with you gentlemen on the other side (who have been so anxious to agree to them) and carry them, would they not be valid?
Mr. HENRY (resuming): They would not be valid. This Senate has by deliberate action, after four days' discussion, solemly said, and it is a matter of record, that they are not taken before us; and the Senator from Jackson will not take the position that any action of the Senate submitting them to the people would be legal, even were they ratified by the people. It is foolish to say the action of the other House can affect the action of this House on this question. The point of order is not well taken because the Senate has no official notice of what the House has done.
Mr. SAYRE thought the action of the Senate in this matter is final and binding for the remainder of the session. Suppose the House of Representatives never make a report to the Senate about Constitutional amendments, are we thereby to be precluded from taking action on any amendments to the Constitution that may be proposed? The point of order, evidentally, is not well taken.
Mr. FOULKE: According to the position of the Senator from Jackson [Mr. Brown] we can not submit to the people the present proposed amendments to the Constitution because they are not pending before us, and we can not introduce any new amendments because the present amendments are pending before us. Those two statements can not stand together. The adjudication of the Senate is binding on the Senate during the session as to any like matter that may subsequently arise. The majority report of the Judiciary Committee says there are no amendments awaiting the action of this General Assembly. If that be so, there can be nothing awaiting either branch of the Legislature. The decision that there are none before the Senate is binding upon the Senate, and if there are none before the Senate there can be none before the House. And because there are no other amendments pending, it is proper that my resolution should be introduced. According to the doctrine the Senator from Jackson advocated upon this floor in the discussion the other day, no amendments are pending before either branch. He claimed the defects were fatal, and the Senate so decided. If that decision is right I have the right to introduce this resolution. If the decision the Senate made the other day is wrong, it is still a law to itself, and we have the right to introduce any other amendments.
Mr. BROWN (interposing): Can it be said that the General Assembly of the State of Indiana has decided that these amendments are not pending until the House of Representatives has concurred with the decision of the Senate?
Mr. FOULKE (resuming): Possibly not, but it can be said that the Senate has decided they are not pending before either House.
The LIEUTENANT GOVERNOR: I have my mind made up, but I do not want to decide the point. If the Senate wants to hear my opinion I will give it. [Several Senators-"Go on." "Let us have it."] I think the amendments are pending before the General Assembly, and the Constitution says you can not introduce additional amendments, if any are pending. You can not introduce these in the House to-day. If you have the right to introduce them here you have the right in the House. If the House passes them and the Senate agrees, I think they would be before the people. Of course it is a question I would rather not decide. I would rather it would go to the Judiciary Committee. I would like for the Senator from Jackson to withdraw his point and let it go to the Judiciary Committee, and let them report to-morrow.
Mr. BROWN: If I do that I admit the introduction of this amendment.
The LIEUTENANT GOVERNOR: The Committee can report it is not proper.
Mr. BROWN: The Chair sustains my point of order and I don't like to give up the verdict after gaining my case.
The LIEUTENANT GOVERNOR: I would like the Senator to do it.
page: 143[View Page 143]Mr. BROWN: I have no objection to referring the point of order to the Judiciary Committee.
The LIEUTENANT GOVERNOR: No, let the resolution go.
Mr. BROWN: The resolution would, then be before the Senate.
Mr. FOULKE, to relieve the embarrassment, asked leave to withdraw the resolution for the present.
SEVERAL SENATORS-"Consent," "Consent."
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and referred to appropriate Committees unless otherwise stated:
By Mr. BELL [S. 199] supplemental to the act for the regulation of the Indiana Militia. [A lengthy bill containing nearly eighty sections- said to be read by the Clerk in four minutes.]
By Mr. BENZ [S. 200] to revive the act authorizing the assessment of lands tor the building of plank, McAdam and gravel roads, of May 14, 1869.
By Mr. BICHOWSKY [S. 201] to prohibit the running at large of sheep and swine in the State of Indiana, unless in care of a herdsman or herds- men.
By Mr. DUNCAN [S. 202] to pay Matthew M. Campbell, of Bloomington, for teaching and other duties. 1^6,662.]
By Mr. FOULKE [S. 203] to authorize the Trustees of the Institution for the Deaf and Dumb to sell a strip off the south side of the premises now occupied by said Institution, upon such terms as may be agreed to by the said Trustees.
By Mr. FOULKE [S. 204] to amend the fee and salary act of May 12, 1875, being Section 5,985 of the Revised Statutes of 1881, [relating to Constables' fee for transportation of criminals ]
By Mr. H1LL1GASS [S. 205] to allow turnpike and gravel road companies organized under the act of March 6, 1855, to extend their charters upon petition to County Commissioners in Counties where a vote has been or may be taken hereafter on the question of purchasing the toll roads resulted against the purchase.
By Mr. JOHNSON [S. 206] requiring County Auditors to advertise the amount of school funds not loaned out at certain periods quarterly.
By Mr. KEISER [S. 207] to define the Thirty-first and -- Judicial Circuits [Lake and Porter the Thirty-first and Pulaski and Starke the -- Judicial Circuit]
By Mr. MAGEE [S. 208] to repeal Section 8 of the act of March 9, 1875, being Section 2,911 of the Revised Statutes of 1881, regulating the issuing and taking up of tickets and coupons of tickets by common carriers, and defining the right of holders thereof. Approved March 9. 1875.
By Mr. SMITH, of Delaware, [S. 209] to amend Section 5 963 of the code of 1881. [Requiring Notary's seal to contain name of County, date on which commission expires, with me nature of his office.]
By Mr. VAN VORHIS [S. 210] by request relating to the use and carrying of concealed weapons, and permits therefor.
It provides as follows:
Section 1. Persons in cities shall apply to the Mayor, and outside to the Township trustee, for permits to buy and carry weapons. Affidavit may be required, showing purpose for which weapon is intended.
Sec 2. On presentation of such permit any person may sell to the holder named in it the weapon specified. Seller indorse date of sale and return permit to o nicer issuing it, who must record it.
Sec. 3. Officers, travelers, custodians, and others intrusted with care of property or life, may be permitted to carry.
Sec, 4. No permit to any habitual drinker, or person of known quarrelsome disposition, or of unsound mind, or under twenty-one years of age nor to any person who has been convicted of any breach of the peace or crime against property or person. 4
Sec. 5. Any dealer in weapons selling, bartering, giving or loaning to any person not holding such permit is liable to fine of not less than $10, nor more than $1,000.
Sec. 6. Any person not a dealer is prohibited from selling or loaning to any habitual drinker, person of a quarrelsome disposition, or who has been convicted of breaches of the peace, etc., is of unsound mind, or under twenty-one years of age, and providing a penalty of from $10 to $1,000, to which may be added imprisonment in Jail not exceeding six months
Sec. 7. Duty of Grand Juries and Coroners when investigating any unlawful or accidental use of deadly weapon to ascertain from whom procured, and if the person is responsible under this act to cause an indictment to be presented.
Sec. 8. Permitting person furnishing the weapon to appear before the Grand Jury or Coroner, if he desires, and purge himself of blame in the matter.
Sec 9. Prohibits any person from furnishing a deadly weapon to any one intoxicated or under the influence of unlawful passion, or who intends to commit an unlawful act, whether such person has permit or not-providing penalties.
Sec. 10 Any person furnishing a deadly weapon with full knowledge that it is to be used for an unlawful purpose to be charged as an accessory to the crime or misdemeanor committed.
Sec. 11. Weapons found on persons arrested for crime or misdemeanor who have no permits, confiscated and sold to persons having permits.
Sec. 12. Provisions of the act made to apply to the sale, bartering or lending of toy pistols.
By Mr. VOYLES [S. 111] concerning certain neighborhood roads-leading from public highways to Church or school for ten years shall not be closed up.
And then the Senate adjourned till to-morrow.
