Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-04
LEAvEs or ABSENCE

he general appropriations bill. No. l76 Passed.
Yeas "a noes o.
LAWS or aEsEScE
Messrs Zeigler and Mr. Olleman we're granted
leaves of absence on account of sickness.
MORGAN RAID BILL.
The presiding officer announced the special
oider-the Morgan raid bill 81 II
Mr.. Bu-kirk Submitted an smendu,eut. re
lative 10 The appointment Of clerk for tie com
mission appointed under the bill. After state
menis and discussion, Mr. Buskirk gave way for
Mr.. Pe,titt, who renewed bis amendment offered
Yesterday. viz:
IL shall not be allowed TO any person to re
cover any thing under this act, till be or bis at
tOEneys shall have first filed with the AUDITOR OF
state his affidavit which shall be dated net more
than 10 days before the issuing of the warrant,
that be is the original claimant, and that, since
the passage OF lhi- act, be has not sold or trans
ferred the same to any person whatsoever. or
agreed or stipulated for the same and any such
transfer shall vi.isre the allowance, and if paid,
il may be recovered back. &c.
Mr. Pettt's amendment adopted.
Mr. Buskirk's amendment was also adopted
Mr. Buskirk made an Intellectual motion to
make the compensation OF the attorney Tor the
commissioners SO insl cad OF So per day.
Mr.. BranhNm inquired whether there was any
provision for the payment OF claims under the
bill he undertook 20 say that there would be
no more money in the treasury than would be
required to carry on the state government.
Mr.. Wright proposed TO publish notice OF the
meetings of the commissioners in every county
named in the bill. Agreed to.
Mr. Newc0mb submitted an amendment TO
the effect that the payments TO DC made by the
state under its provisions OF this act shall leave
a deficit in the treasury, il shall be the duty OF
the governor auditor and treasurer. or of ma
jority of them, 10 borrow so much money as may
bs necessary to make such payments, for which
they shall give the obligation of the state. psya-
bic not later than the 4th Of March, 1867, With
interest at six per cent. Adopted.
The bill was then passed BY yeas SO; nays %
SENATE EXTRA SESSION. BILL.
Senate bill 1870. providing with reference TO
extraordinary sessions of the legislature was, on
motion of Mr. Gregory of Warren, taken up and
passed BY yeas 60; nays Is
NORMAL SCHOOL BILL
Mr. Rhods called up this bill, ll9 Sundry
amendments were offered. The bill, IN the end
passed-yess 81, nays 90.
On motion of Mr. Newcomb. Senate bill 1876
amending the act relative TO salaries Of public
officers, raising the salaries Of judges of the su
| preme, circuit and common pleas courts, and
also of the superintendent OF public instruction
was taken up
Mr. Buskirk said that the main object of the
| bill was 10 increase the salaries of common pleas
circnit and supreme judges. This ought to be
| done, and after tina, he hoped the House would
have moral courage enough to take up the bill
with reference 10 the pay OF members of the leg
islaiure and do justice to ourselves. our constit
uents, and maintain the dignity OF the state. He
moved 4 suspension of the constitutional rule IL
order that the bill might be speedily aud finally
acted on.
| Mr.. Buskirk's motion prevailed
Mr. Higgins argued for a smaller sum per an
mum, especially as -egarded common pleas
judges. and even Of the supreme judges
| Mr. Petit Mr. Henricks in the chair argued
in favor of paying literally the judicial publ,
servants of the state Certainly our supreme
judges ought to be put in position OF indepen
deDce. Mr.. Petit urged the policy Of just re
Enumeration TOR the purpose of invoking the bes
talent OF the state 10 serve us upon our judiciary
! Men who devoted their time their Ia ents, aDC
all the resources and results of their education
and experience 10 the service Of the people, hon
estly uprightly, intelligently and conscientously
ough. 10 be propOrtionately paid-ought to re
ceise whrt was. in fact, only their just due
| After further debate Mr.. Brown demanded the
previous question. and the bill was passed. Yea,
81; nays "a.
PAY or LEGISLATORS.
On motion of Mr. Buskirk Senate bill No u
increasing the per diem and mileage OF mem
bers of the legislature s. per day and s. fOl
every % miles-was taken up.
Ii WAS debated BY Messsrs Griffith, Newcomb
! Sim RhOds and others
Mr. Newcomh moved to strike out So end in
sert 50 in all cases with regard to mileage
Lost
Mr.. Milroy demanded the previous question
Put, and the bill PASSED Yeas 50. nays %
MESSAGE FROM THE GovERSog-LEeisLArIvE TERN
DEFlSED.
To tbs House of Representatives oG The State o
Indiana:
The constitution OF the state limits the legisla
tive term TO sixty one days. In counting thes,
days, heretofore, SUNDAYS have been included
| am satisfied, however. from a careful ex nina
ton OF the constitution in connection with IN,
several ussges and principles of law that are wei
recognized, that the practice has been erroneous
and that sixty one working days are meant. B,
common consent in this aud other states. Sunda,
is not considered legislative day, and i: is es
pecially excepted from the three days durin.
which the Governor has time 10 consider bill
In analogy 70 this Sunday is not considered az
judicial day to be counted in the term of cour
in any state where the common law prevails
1t will not be denied bv any one that the legs
latiEe term established by the constitution, a
heretofore construed is too short for the dispatc
OF the necessary business of the state aud If, b.
proper construction, il can be extended FOR a few
days, it will he of great Importance to the pUbli
interest Accordingly have asked The opinion
Of the four judges of the supreme court upon tn
question, which they have given NE in writing q
follows:
ISDTASAPoLIs, 1SD., March 3, 1865.
To His Excelency o p Morton, Governor
Sir In response 10 Jour request for GU
opinion upon the question neither 1.-THE term O
sixty one days" to which the session of the legis
lature is limited by the constitution. include
intervening Sundays. we beg leave to say tina
we have given the subject such consideration a
time would permit, and that We deem the bette
opinion 10 be that business days only are em
braced Various considerations tend so thorough
ly TO supper, this view that If contrary practic
had not heretofore prevailed. We would hard
entertained doubt upon the subject.
If the legislature should now be OF the opinion
above indicated and should act upon is, Of cours
il would 60 TAR to amend the H6unce of III
former practice OF that body precedent, an
a. any rate. IL the question te deemed doubt
ful one. the courti would not. il j. we'll settled
be justified in holding soid the action Of 4 &C
ordinate department
This being siu,rly question o. public lmpor
lance, which cal :, az we suppose. invSse an
party consiteratpus. or mere personal or pri
vate interests, We have felt no delicacy in givini
our view upon it. We have not meant, however
TO depart from that rille Of silence which We hav
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