Introduced by Mr. Gilham: H. R. 158. An Act to amend section 23 of an act entitled "An act to provide for the valuation and assessment of real and personal property, and the collection of taxes in the State of Indiana; for the election of Township Assessors; and prescribing the duties of Assessors, Appraisers of real property, County Treasurers and Auditors and the Treasurer and Auditor of State;" approved June 21, 1852. It amends said section by inserting after the words specifically taxed," in the seventh sub-division thereof, the following: Provided that if any such person shall have converted moneys; credits, or other personal property, in the year preceding the first day of January of the current year, into Bonds or other Securities of the United States, and shall hold or control said Bonds or other Securities when he is required to list his property, he shall list the monthly average value of such moneys, credits or other property thus converted while such moneys, credits or other property were held or controlled by him; and provided further, that any indebtedness of such person or persons represented by him, created by investment in said Bonds or other Securities, shall not be deducted from the amount of credits in making up his list for taxation.' Approved May 15, 1869. Introduced by Mr. Stephenson: H. R. 160. An Act to legalize the official acts of the several Boards of Trustees of the town of Noblesville, Hamilton county, Indiana, and all other officers of said corporation, under an act for the incorporation of towns, defining their powers, providing for the election of the officers thereof and declaring their duties, approved June 11, 1852, and all by-laws, rules, regulations and proceedings adopted in pursuance thereof. It became law without the signature of the Governor. Takes effect from and after its passage. Introduced by Mr. Stewart, of Rush: H. R. 176. An Act to establish a Female, Prison and Reformatory Institution for Girls and Women-to provide for the organization and government thereof-and making appropriations. In forty sections, it proposes the establishment of said Institution within five miles of the city of Indianapolis-to be under the management of three persons to be appointed by the Governor, by and with the advice and consent of the Senate, to be known as the Board of Managers; and for this purpose it authorizes the Governor to receive a donation of land of from three to ten acres. The Institution to be divided into two departments, the one Reformatory and the other Penal-both departments to be under the same officers-which officers shall be females-the Superintendent giving bonds, &c. The females in the State Prison are to be transferred to the penal department as soon as it is completed, and thereafter every female convict shall be sentenced to this department instead of to the penitentiary. The Board of Managers have the power to discharge any girl in the reformatory department, or bind her out during her minority. $50,000 is appropriated. "If the sum hereby appropriated should not be sufficient to procure the site, erect and furnish the necessary buildings and fixtures of the Institution, and subsist and clothe the inmates and pay the other current expenses of the Institution until the next meeting of the General Assembly, it shall be competent for the Governor, after the insufficiency of said appropriation shall have been ascertained to his satisfaction, to draw his warrants, monthly, in favor of said Board of Managers on the State Treasury for the cost of the subsistence and clothing of the inmates of said Institution, not exceeding two dollars per week for each inmate, and the number of such inmates to be certified monthly by the Superintendent to the Governor, which certified statements shall be attached to the warrants so to be drawn; and to pay such warrants a sum of money sufficient for that purpose is also hereby appropriated.' Approved May 13, 1869. Took effect from and after its passage. Introduced by Mr. McDonald: H. R. 205. An Act to fix the time and length of term for holding the Circuit Court in the county of Marshall. ary. "On the first Mondays of August and FebruThree weeks, if the business require it." Approved May 7, 1869. Took effect from and after its passage. Introduced by Mr. Sleeth: H. R. 214. An Act supplemental to an act entitled "An act supplemental to an act approved March 5, 1859, entitled an act authorizing the purchasers of railroad, plank roads, turnpike roads, and macadamized roads, or parts thereof, under mortgaged sales or sales made according to the times of the deeds of trust to organize as incorporated companies, and prescribing their powers and extending the time provided in said act for the organization of such distinct corporations by such purchases," approved February 1st, 1867. It provides a way by which purchasers of turnpike roads, who have acted in ignorance of said act, may save the rights and privileges which would accrue to them under its provisions, etc. Approved May 27, 1869. Took effect from and after its passage. Introduced by Mr. McDonald: H. R. 225. An Act to provide for holding the Court of Common Pleas in the counties of Laporte and Marshall, and to repeal the law now in force in relation thereto. It provides that "the said court shall be held in the county of Laporte on the Mondays succeeding the terms in the county of St. Joseph, as now fixed in St. Joseph county by law, and shall continue three weeks, if the business requires it.' There shall be but two terms of said court held in the county of Marshall in each year, and the same shall be held on the first Mondays of November and April." Approved May 7, 1869. Introduced by Mr. Field, of Lake: H. R. 294. An Act for the relief of the heirs of Introduced by the Committee on Ways and Means: H. R. 309. An act making general appropriations for the years one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy. Approved April 29, 1869. Took effect from and after its passage. Introduced by the Committee on Ways and Means: H. R. 311. An act making specific appropriations for the years one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy. It became a law without the signature of the Governor on the 22d day of May, 1869. Takes effect from and after its passage. Introduced by Mr. Underwood: H. R. 321. An Act to amend an act entitled 'An Act to authorize cities and towns to negotiate and sell bonds to procure means with which to erect and to complete unfinished school buildings and pay debts contracted for erec tion of such buildings, and authorizing the levy and collection of an additional special school tax for the payment of principal and interest of such bonds." Approved March 11, 1867. It amends section one of said Act by extending its provisions so as to allow thereunder the purchase of grounds and building or buildings for school purposes. Approved May 15, 1869. Took effect from and after its passage. Introduced by Mr. Barnett: H. R. 322. An Act to enable Railroad Compa- counties comprising such circuit. The Prosecut- Introduced by Mr. Ruddell: H. R. 341. An Act creating the Twenty-eighth Judicial Circuit; fixing the time of holding Courts therein; declaring a vacancy in the offices of Judge and Prosecuting Attorney therein; providing for the election of a Judge and Prosecuting Attorney for the same; providing for a transfer of action and return of process thereto; fixing the time of holding Courts in the county of Decatur, in the Fourth Judicial Circuit, and declaring an emergency. It provides "that the counties of Johnson, Shelby, Brown, and Bartholomew, shall be formed into and constitute the Twentyeighth Judicial Circuit of the State: and Took effect from and the Circuit Courts in said Circuit shall be Introduced by Mr. Cory: H. R. 332. An Act to fix the time of holding the Common Cleas Court in the Twenty-second District. "In the county of Rush on the fourth Mondays of January and July of each year. In the county of Decatur on the fourth Mondays of February and August of each year. In the county of Ripley on the fourth Mondays of May and November of each year. Approved April 21, 1869. Takes "effect on and after the fourth Monday of July next." Introduced by Mr. Cory: H. R. 333. An Act appropriating $60,000 to defray the expenses of the special session of the Forty-sixth General Assembly. Approved April 23, 1869. Took effect from and after its passage. Introduced by Mr. Dunn: H. R. 334. An Act in relation to Criminal Cir- held as follows: In the county of Johnson, on the second Monday in March and September in each year. In the County of Shelby on the first Monday of April and October in each year. In the County of Brown on the second Monday in June and first Monday in December in each year, In the County of Bartholomew on the third Monday in June and December in each year. "SEC. 6. The Courts in the County of Decatur, in the Fourth Judicial Circuit, shall be held on the third Mondays of May and November, and shall continue as long as the business may require.' Approved May 5, 1869. Introduced by Mr. Williams, of Knox: H. R. 388. An Act to authorize the President of the State Board of Agriculture to fill vacancies in the office of Secretary, Treasurer or Superintendent of the State Board of Agriculture, and declaring an emergency. It provides that the "appointee shall hold said office until some regular meeting of the said State Board of Agriculture." Approved May 3, 1869. Took effect from and after its passage. APPENDIX ΤΟ THE BREVIER LEGISLATIVE REPORTS OF THE SPECIAL SESSION OF 1869 OF THE FORTY-SIXTH GENERAL ASSEMBLY OF THE STATE OF INDIANA. ORGANIZATION OF THE SENATE....DEBATE IN CONTINUATION, IN SENATE. SATURDAY, April 8, 1869. [IN CONTINUATION—p. 21.] Resolved, That the Governor be notified that no Senator from any district where special elections have been ordered, has appeared to qualify as a member of this body on a call of the districts. holding of a portion of members at the primary organization of the Senate: Mr. STEIN. Mr. President: There seems Mr. SCOTT, of Vigo, had introduced the to be no regular question before the Senate; following resolution : but, as members decline to adjourn,' talk' may be considered the order of the afternoon; and this a good time for the expression of opinions generally. Admitting the assumption of the President, that we lack a quorum, the decision just made was, I think, right. As a body less than a quorum, I think what appears in the Constitution is the only grant of power we have. But I cannot assent to the admission, that we are so helpless-that we are really without a quorum. This may seem a wild fancy to some, but it will bear investigation, and I am in great error, if it will not ultimately be found grounded in truth. I would have preferred broaching the proposition at a later day, and regret that the motion to adjourn did sident for his ruling on the resolution of the not prevail. The reason assigned by the PreSenator from Vigo, to wit: That we lack a quorum, compels me, however, to enter my protest at this point. My notion is, that our programme of proceedings should have been, districts unresponded to, to consider ourselves after calling the roll 'and finding the vacant the Constitutional Senate of Indiana; and adjourn to to morrow out of courtesy to those Objection was made to the resolution by Senator Bradley, of Laporte, as being out of order. Some discussion was had over the point of order, but it was finally sustained by the Lieutenant-Governor on the ground that the Senate being without a quorum it could transact no business, except to adjourn or send for absent members; and it was admitted that withholding members, who had never qualified, were not such "absent" members as could be sent for. After this ruling had been made a desultory discussion in regard to its propriety was carried on, in the course of which Senator Stein obtained the floor, and made the following remarks in reference not only to the ruling, but upon the more important question of what constitutes a quorum in case of a with these districts-we should then close the door of grace, assert ourselves the law-making power of the State, and proceed to general legislation. who may have been elected in those districts, to give them a further opportunity of presenting themselves before the Senate. We have no official knowledge of what ails the members representing these districts. They may possi- The correctness of my position depends upbly be absent on account of sickness, or they on the construction of the constitution of the may fail to arrive in consequence of the inter-State of Indiana, and it is purely a question of ruptions of travel. And it might be proper to construction. The constitution is not specific give them another day. And inasmuch as upon this particular point, and not being spethe constitution talks about five days' manipu- cific, recourse must be had to the principles of lation before an organization, I feel disposed construction and interpretation. It says: "Two-thirds of each House shall constitute a to Mr. CHURCH, (interrupting.) From information just received, I learn that they have been mired in the Black Swamps. [Laughter.] Mr. STEIN. All the more reason why we should give them another day. Mr. BRADLEY (to Mr. Church.) Who gave you that information? Mr. CHURCH. I believe the rules of the House do not require me to answer. [Laughter.] Mr. STEIN. Wherever the information came from, it is quite probable. This is a miry season. After having exhausted five days, as I was about to observe, these defaulting districts being called day by day, and remaining steadfastly aloof, we could then, before proceeding to organization aud business, consider the great question, whether a factious minority shall stop legislation, throttle the State Government, and possibly reduce the State to a condition of anarchy; or whether there is some virtue in the Constitution so that we can proceed to business. As far as I am concerned, my convictions are firm, though I do not find a superabundance of members agreeing with me. Upon every principle of reason and common sense, the great standard by which we measure public law-for the narrow technicalties which sometimes prevail in muncipal law, fall back and disappear when it comes to a construction of what is known as public law-upon every principal of reason and common sense, and, I may add, of legal construction, we who remain behind are the constitutional General Assembly of the State of Indiana. And we have full authority, from and after the time we see fit to assert it, to proceed with the legislation of the State. My own opinion is, that we have the power to consider these rebellious districts, as seceded districts, and that we can consider ourselves as the remains of legislation-legal legislation, left living in the State-and proceed with our business. And, were my judgment to prevail in this matter, this body would simply adjourn to-day; and after having done all that can be done the qualified members having been called, and the vacant districts called and tomorrow going through the same ceremonythis process to be repeated five days, as a matter of courtesy, not as a matter of right, to quorum to do business." Is there anything specific about that? What is meant by "twothirds?" You must resort to construction and interpretation to ascertain the meaning, because it is dubious and uncertain. There is ambiguity about it, and you are therefore forced into constructions. And when you come to constructions, which will you adopt? That which declares a suicidal principle or that which declares a life-giving principlea preserving principle? In a court of justice this matter would not be permitted to be argued before any respectable judge for one minute. Where have we ever heard of a court permitting the law to be so construed as to pronounce its own destruction? This charter was made to exist, and not to be smothered-throttled— disemboweled. The laws are made for perpetuity, until repealed, and no construction will be allowed which would authorize the court to to decide that the constitution contains within itself a self-destroying principle. If, however, you construe this ambiguous passage to mean that two-thirds shall be two-thirds of one hundred in the other end of the Capitol, and twothirds of fifty here, you put the entire government of Indiana in the hands of a factious minority, the government pipes out, and thus for want of breath there is no life in it. You at once impregnate this constitution with a self-destroying principle. It is in the hands of this gentleman, and this, (pointing to Mr. Bradley and Mr. Henderson) with a few of their comrades, to bring anarchy upon us. Now, I say that species of construction is violative of reason, and reason is the polar star to which we have recourse in the construction of public law. In other parts of this constitution there are different passages. There is section twentyfive, relating to the passage of bills: "A majority of all the members elected to each house shall be necessary to pass every bill or joint resolution." How different the language in section twenty-five from section eleven. The construction I put upon section eleven is this; When it speaks of two-thirds it means twothirds of the members elected and qualified in each House, and that preserves the House. In section twenty-five I am not at liberty to say that. I will concede (although not required by the case) that we must have twenty-six Now let him point it out. There are some things we can do, and some things we can not do. Among the latter, we can not legally legislate under the Constitution when we have no quorum. Mr. ROBINSON, of Madison. At the commencement of the rebellion, suppose one-third of the counties in Indiana had seceded with their members, and left this body reduced below a quorum, should that overturn the Constitution? Senators and fifty-one members of the House to pass a bill or joint resolution. We are limited by the expression in section twenty-five. We can not, by construction, get out of that, unjust as I think it is; but being in the constitution, I propose to abide by it. I desire to give life to this constitution and not to kill it. As far as section twenty-five prescribes the number to pass a bill, I accept it, and am bound by it. As regards section eleven I can not construe it the way these gentlemen desire without engrafting a suicidal principle in Mr. GRAY. If the existence of the State this constitution, and that I cannot do, because of Indiana depended upon this Legislature all principles of legal construction forbid it. doing certain business, I would be ready to do As I said before, it is a question of construction it. I believe as Daniel Webster said, that anyentirely. The language of section eleven being thing necessary to preserve the Constitution of uncertain, the only way in which you can con- the United States is in itself cosntitutional. strue that in order to give life to the constitu- But I do not think that crises has arisen yet. tion and the government, and put a veto on I do not look upon this as being very much of every posibility of dissolution through faction, a revolution. I think these refractory memsecession or rebellion, is to construe that sec-bers will get tired of that business; and then tion in connection with section twenty-five, and to mean "two-thirds of the members elected and qualified in each House shall constitute a quorum, provided they equal the majority of all elected." When we have come to that, let those withholding districts stay away. Perhaps it will be better for the State. And, after exhausting the principles of courtesy, we will proceed, as the constitutional General Assembly of Indiana, having a full quorum to do the legislative business of the State. get through; and we can stand it pretty near as long as they can. I believe the ruling of the chair was entirely correct; because, if, I understand the resolution, it had no reference to compelling the attendance of absent members. Mr. SCOTT (interposing.) That is the gentleman's construction of it. Mr. GRAY. I think my construction is the correct one, and that the reading of the resolution will bear me out in it. It was to notify the Governer that these men who have been elected do not qualify. I say they are not absent members as long as they have not been sworn into office. If the resolution refers to the Senator from Parke, and one or two others who are absent and who did not resign, then the resolution is in order; but if it refers to— Mr. BELLAMY (interrupting.) If there are no absent members is not this House competent to do business? Mr. GRAY. Mr. President: I regret as much as any one the condition in which this Legislature finds itself, but I shall resort to no extraordinary means to accomplish anything not warranted by the Constitution. Now, I do not know as I clearly understand the Senator from Tippecanoe [Mr. Stein.] He seems to have argued a while upon one side of the question, and at the close of his speech upon the other side. I first understood him to hold clearly that we had a right to do business, and Mr. GRAY. No sir, [laughter] because I then that two-thirds of the qualified members say your apportionment law has established could transact business. Now, I think there the number of members which shall constitute can be no doubt about what constitutes the this Legislature. Now I will ask the Senator Legislature of Indiana at all. I understand from Switzerland [Mr. Bellamy] if he considthe Constitution of Indiana to limit the num-ers that these absent gentleman are members? ber of members "that the House shall not He is a lawyer-I want him to say whether exceed 100 members, nor the Senate 50 mem- they are members or not. bers." Mr. BELLAMY. I do not know of any members being absent, except the two or three Mr. GRAY. Mr. CHURCH interposing. Suppose the counties or districts which have, by the appor-named. tionment, one-third of the number, refuse to elect, or refuse to be represented here, must the business of the State stop there? The resolution of the Senateor from Vigo [Mr. Scott] did not refer to that at all. I say you have no evidence before this body that anybody has been elected to seats here. Mr. GRAY. Well, sir, I will answer the Senator. I propose to be governed by the organic act of the State, and I suppose the Sen- Mr. SCOTT (interposing.) That is what I ator from Porter [Mr. Church] proposes to do wanted to find out. the same. And if he will show me any conMr. GRAY. I say the Governor is no stitutional remedy by which we can escape that part of the Legislative branch of this governdifficulty, I will be as ready to follow it as he.ment, and has no power to compel the attend ance |