Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-13
Ohio Legislature.
Saturday. April IL, 1868.
SENATE.
MORNING SESSION.


MORNING SESSION.
The PRESIDENT called the Senate f..
order at nine o'clock.
THE ZANEsvILRE NATIONAL ROAD BRIDG :
The question when the Senate took r,
cess last evening, being on the motion &
Mr.. Lawrence to refer the House bi
for the purchase of the national road brids
at GAINESVILLE, to select committee of on
with instructions to 80 amend the bill as
provide that the purchase money for th
bridge shall be paid out of the genera
revenue fund of the State, the vote was t.;
ken on agreeing to the motion, and result
ed:
YEAs-Messrs. Conant, Everett, Jamisop
keifer, Kramer, Lawrence, Potts, Simmons
Terrence, Yeoman-10.
NAYs-Messrs. Berry, Carter, Dowdne,
Emmitt, Godfrey. Hall, Hutcheson, Linz
May. Scribner, Stambaugh-11.
So the motion to refer was not agreed to
Mr.LAWRENCEm moved like referenc.
with instructions so to amend as to pre-
vide that the bridge shall remain to
bridge till the net revenue derived from IT,
tolls shall liquidate the sum paid for Il
purchase the bridge,and that thencefort
it shall be and remain a free bridge.
The motion was advocated by Mr.. Law
renee and opposed by Mr.. Linn.
Mr.. SCRIBNER made an argument &
some length in favor of the bill.
MIR. MAY was in favor of the bill andoI
posed to the motion to refer.
After further remarks by Messrs. Law
renee and Nav. e r
Mr.. KEIFER contended that the bill wi
unconstitutional, and referred to decision
OF the Supreme Court in support OF his al
gument. ~
Mr.. BROOKS desired to know if the ger
tleman held that legislator, in the exeI
else of his functions as such, was bound
decisions of the Supreme Court in the col
structiQn of the State Constitution.
J Mr.. KEIFER did not so hold, but ha
only referred to those Senators who, in Il
light of the decisions which he had citet:
could not fail to see the unconstitutionalit
of tie bill, and yet proposed to vote for il
passage. Mr.. X. continued for some tim.
to state and urge other objections to til.
bill.
Mr.. HUTCHINSON remarked that he di
not think he was doing any violence to hi
constituents in Franklin county by votiD
for the bill. If Senators could for a mo
ment merge the actual bridge over tn
Muskingum into the franchise of the com
pany, there would be no difficulty in OF
conclusion. The only difference in case til
bridge over the Scioto should be swel
away by flood or destroyed by fire, and tt.
case of the Muskingum briuge would sin
ply be that the former would be lin
lately dropt out of the chain. and the latt,
a link that never existed. If Muskingui'
county was asking us to assist in the eret
tion of bridge over any other stream
the county, the facts would suit the prem
ises OF those who oppose the bill. II
thought the Federal Government exceede
its powers in establishing the nation,
road. 1t should have been vetoed like tE
Maysville road. 1t should besurrendere
by the Federal Government to the Stat,
and then to the county for free turnpikes
The vote was then taken on Mr.. Law
rence's motion to refer with instrut
tions, and it was lost by the following vot,
YEAS s-Messrs. Burrows, Conant, Corey
Dangler, Everett, Jamison, Keller, Kramer
Lawrence, Potts, Simmons, Terrence, Yeo
man-l3.
NAYs-Messrs. Berry, Brooks, Carter
Dickey, Dowdney, Emmit, Evans, God
frey, Hall, Hutcheson, Kenney, Linn, May,
Onderdonk, Rex, Scribner, Stambaugh,
Winner-lS.
Mr.. LINN demanded call of the Senate,
which was had, and thirty-one Senators
answered to their names, showing that six
were absent.
On motion of Mr.. LAWRENCE, all fur
ther proceedings under the call were dis
pensed with.
The bill was then passed by the follow.
ing vote:
YEAs-Messrs. Berry, Brooks, Campbell,
Carter, Dickey, Dow dney, Emmitt. Evans,
Godfeey, Hall, Hutcheson, Kenney, Linn.
May, Onderdonk, Rex, Scribuer, ,S5am-
baugh, Terrence, Winner-20. = '-1@t~
NAYs-Messrs. Burrows, COnant, Corey,
Everett, Jamison, Keifer. Kramer, Law
renee, Potts, Simmons, CWoodworth, Yeo-
'. ~ - 81
House bill by Mr.. SHAW-To authorize
the Commissioners of Clermont county,
Ohio, to improve a road therein named,
was read the third time and passed-yeas
27. nays l.
House bill reported by Mr.. BAKER,
from the judiciary committee-To provide
Tor the investment of funds detained in the
hands of executors. administrators,
agents, attorneys or officers, by reason of
pending litigation. was read the third time
and passed-yeas q, nays 1.
BILLS INTRODUCED.
By Mr.. POTTS-Suppleme to the
let to abolish the Bureau of Soldiers
Claims and the office of Military Claim
Agents, passed April Is, 1867.
BY Mr.. EVERETT-To amend section /
If an act to protect furs, and to repeal a
,ertain act therein named, passed April 15,
1867.
By Mr.. KENNY-To authorize the COM
nissioners of Montgomery county to lew
| bridge tax additional to that now author
zed by law. 8
REPORTS.
Mr.. .SCRIBNER, from the judiciary
reported back House bill sup
Elementary to the act to regulate the ad-
mission of attorneys at law, i'll certain
Eases, passed April z, 1856, and recon-
nended its passage. Ordered to be read
he third time on Monday next. II u
Mr.. STAMBAUGH, from the same COM
nittee, reported back Senate bill to pre-
vent agents of merchants from selling by
sample or other specimens any goods or
of any kind or description in
,he State of Ohio, without license, and
its indefinite postponement.
On motion of Mr.. WRENCE, the bill
was laid upon the table.
MIR. REN, from the same committee, re-
ported back, with amendments, Senate bill
20 amend section &c of the code of civil
procedure, and recommended its passage,
when so amended. The amendments were
agreed to. and the bill ordered to be read
,he third time on Monday.
MIR. kElFER, from the same committee,
reported rack, with amendments, Senate
bill supplementary to the act providing
or the punishment of crimes, passed March
I, 1886, and recommended its passage, when
20 amended. The amendments W ere agreed
20, and the bill ordered to be read the third
lime on Monday.
Mr.. SCRIBNER, from the same commit
zee, reported substitute for a House bill
20 authorize the trustees of Madison town
ship, Vinton county, to levy special tax
TO pay its debts, and recommended its adop-
ton. The substitute was agreed to, and
the bill ordered to be read the third tim,
On Monday.
Mr.. LINN, from the Finance committee.
back. with an amendment, Senate
bill to amend section of the act to provide
for the tiual payment and redemption OF
the public funded debt of the State of Ohio,
passed March 26, 1866. aud recommended
its passage, when so amended. The amend
ment was agreed to, aud the bill ordered
to be read the third time on Monday.
Mr.. HALL, from the same committee,
back House bill to amend the ac
to transfer and appropriate certain funds
therein named, passed March 6, 1867, passed