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pay to the State of Indiana a further sum of $50,000, making in all for the transfer of the property described in our former proposal the total sum of $451,101.01, less the payment of $105,330.31 made last spring, leaving a balance due of $345,770.70, payable when delivery is made.
COLGATE & COMPANY,
By Gilbert Colgate, President." In my talk with the legal representative I made it plain to him that to my mind there was one of three ways open for them to follow. First, the State would cancel their agreement with them and return the bonus paid with interest and they would be at liberty to seek a new location. Second, for them to wait until the matter could be taken up in the regular way at the next regular session in 1923, when I would use all the power of my office to have the law amended so we could proceed to relocate and rebuild at the earliest possible moment. Third, if they considered it to their financial advantage to have earlier possession, than would be possible under such regular procedure as outlined in alternative number two, then under certain conditions a special session might be called at an early date. The letter just read was their answer.
There are two fundamental facts that you should keep always before you. One is, if we do not act in this matter at this time we will lose the advantage of this sale and doubtless the State and community would lose the benefits that would accrue from having this great organization locate within our borders. The other, that in order for this institution to function in the big helpful way toward the education and moral improvement in the young men who are committed to its care, the State will be compelled to develop the present property to its best efficiency, thereby spending several hundred thousand dollars. The choice that is to be made is obvious, and to my mind our duty is plain.
I am now anxious that the bill submitted to you for your consideration be passed, order that we may complete the deal and proceed to prepare the way toward an early delivery of the property to its purchasers. I consider it a most fortunate circumstance that we were able to find a customer for a piece of property that ordinarily would attract few buyers and at the same time acquire such a valuable industrial asset for the State as we do when the corporation of Colgate & Company becomes established. The advantages to the State, and more especially to the community most affected, are indeed great and will be constant and permanent. I am reliably informed that the location of Colgate & Company in Indiana will insure the location of other important industries in that locality.
I am therefore asking your favorable action on the impending bill, as it is an important step in a business transaction in which the State's best interests, good faith and honor are involved. You are called here to do your part in preparing the way for the final consummation of a business transaction. I sincerely trust you have given this matter your careful consideration and are ready to act favorably and promptly upon its disposition.
As the responsible head in whom the Constitution reposes the sole responsibility for calling the members of the Assembly together, I earnestly hope and respectfully ask that you will favor no other legislation at this
time, but will agree with me that all other matters, however seemingly important, should be delayed until the next regular session.
The Lieutenant-Governor announced that the purpose for which the joint session has been called has been completed and the session now stands adjourned.
The Senate reconvened.
On motion of Senator English the Senate recessed until 2:00 p. m.
December 14, 1921.
The Senate was called to order by the President at 2:00 o'clock p. m.
The President called for the introduction of bills.
Senate Bill No. 369, by Senator Alldredge :
A bill for an act providing for the payment of a bonus to soldiers, sailors, marines and nurses who served in the army, navy or marine corps of the United States or of any government associated with the United States in the world war, providing for the levy of a tax to pay such bonus herein provided, and providing for the submission of the question of paying a bonus to a vote of the qualified electors.
Which bill was read a first time by title and referred to Committee on Military Affairs.
Senate Bill No. 370, introduced by Senator Hogston.
A bill for an act to repeal an act entitled "An act concerning annuities or benefits for teachers retired after specified years of service or for disability, and other matters connected therewith and pertaining thereto," which became a law without the governor's signature and which constitutes (hapter 182 of the published acts of the year 1915, and all acts and laws amendatory thereof and supplemental thereto.
Which bill was read a first time by title and referred to Committee on Judiciary A.
Senate Bill No. 371, introduced by Senator Kline:
A bill for an act providing for the service by telephone or telegraph of all summonses, subpoenas, and notices of every kind issued out of any court of this State and which is to be served by sheriffs, constables and all other process servers, and legalizing all such service and judgments based upon the same, or any action thereon heretofore made or rendered and providing that such service on telephone or telegraph shall be personal service on the party served.
Which bill was read a first time. by title and referred to Committee on Judiciary A.
The President handed down Senate Enrolled Act No. 64, which was returned by the Secretary of State as follows:
To the President of the Senate.
I am transmitting herewith vetoed bill No. 64, which was returned to this office from the Seventy-second General Assembly, and submit the same to you for further action.
(Signed) ED Jackson,
Secretary of State. Together with the Governor's veto as follows:
March 8, 1921. Hon. Ed Jackson, Secretary of State. Dear Sir:
I find that Senate Enrolled Act No. 64 is substantially covered in House Enrolled Act No. 396, which later act has been approved by me and covers the subject-matter in what appears to be a more satisfactory way.
I, therefore. herewith place in your hands for filing said Senate Enrolled Act No. 64 without having approved the same to the end that you may lay the same before the General Assembly at its next session for such further consideration as may be deemed proper.
I move that Engrossed Senate Bill No. 64 be indefinitely postponed. Which motion prevailed.
MESSAGE FROM THE HOUSE. MR. PRESIDENT :
I am directed by the House to inform the Senate that the House has passed Engrossed House Bills Nos. 465 and 466 and the same are herewith transmitted to the Senate for further action.
FRANK E. WRIGHT,
Principal Clerk of the House. The President handed down Engrossed House Bill No. 466 :
A bill for an act to appropriate ten thousand dollars ($10,000) to defray the expenses of the special session of the Seventy-second General Assembly of the State of Indiana convened by proclamation of the Governor to meet on December 14, 1921, at the hour of 10 o'clock a. m.
Which bill was read a first time by title.
Senator English offered the following motion : MR. PRESIDENT :
I move that the constitutional rule requiring bills to be read on three separate days be suspended and that Engrossed House Bill No. 466 be read a second time by title, considered engrossed, read a third time by sections and placed upon its passage.
ENGLISH, Senator. Which motion prevailed.
The roll was called on the suspension of the rules.
These voting in the affirmative were: Senators Adams, Alldredge, Bainum, Beardsley, Behmer, Bowers, Brown, Buchanan, Cann, Douglass, Duncan, Dunn, English, Fitch, Furnas, Hartzell, Hill, · Hogston, Holmes, Kiper, Kline, Leonard, Lindley, McConaha, Maier, Meeker, Miller, Moorhead, Nejdi, Ratts, Richards, Self, Southworth, Steele, Strode, and Van Orman. Total 36.
Those voting in the negative were: Senators (ravens, Drecker, Henley, Hepler, and Humphreys. Total 5.
So the rules were suspended.
Senators Adams, Alldredge, Bainum, Beardsley, Behmer, Bowers, Brown, Buchanan, Cann, Decker, Douglass, Duncan, Dunn, English, Fitch, Furnas, Hartzell, Henley, Hepler, Hill, Hogston, Holmes, Humphreys, Kiper, Kline, Leonard, Lindley, McConaba, Maier, Masters, Meeker, Miller, Moorhead, Nejdl, Ratts, Richards, Self, Southworth, Steele, Strode, and Van Orman, Total 41.
Senator Cravens voting in the negative.
The question being: Shall the title of the bill stand as the title of the act?
It was so ordered.
The Secretary was ordered to notify the House of the passage of Engrossed House Bill No. 466 and to transmit the same to that body for further action.
The President handed down Engrossed House Bill No. 465, which was read a first time by title as follows:
A bill for an act to amend the title and sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of an act entitled "An act authorizing and providing for the relocation of the Indiana Reformatory, for the purchase of land if necessary and construction of buildings thereon for said Indiana Reformatory, for appointing commissioners, making appropriations therefor, defining the plan to be pursued and repealing all laws in conflict therewith and declaring an emergency," approved March 2, 1921, and to provide for the condemnation of land and sale of property now used by said reformatory, and declaring an emergency.
Senator Ratts offered the following motion : MR. PRESIDENT:
I move that the constitutional rules requiring that all bills be read on three separate days be suspended and that Engrossed House Bill No. 465 be read a second time by title, a third time by sections and placed upon its passage.
RATTs, Senator. Which motion prevailed.
The question being on the suspension of the rules.
Senators Adams, Alldredge, Arnold, Bainum, Baxter, Beardsley, Behmer, Bowers, Brown, Buchanan, Cann, Cravens, Decker, Douglass, Duncan, Dunn, English, Fitch, Furnas, Hartzell, Hays, Hepler, Hill, Hogston, Holmes, Humphreys, Kiper, Kline, Leonard, Lindley, McConaha, Maier, Masters, Meeker, Miller, Moorhead, Nejdi, Nichols, Ratts, Richards, Self, Southworth, Steele, Strode, Swain, and Van Orman. Total 46.
Senator Henley voting in the negative.
Senator Hogston offered the following motion :
I move to amend Engrossed House Bill No. 465 by striking out of section 3 the following words in lines 2 and 3 of said section “with the approval of the Board of State Charities," Reference being had to the Engrossed House Bill.
HOGSTON, Senator. Senator Swain offered the following motion : MR. PRESIDENT: I move that the amendment be laid on the table.
SWAIN, Senator. Which motion did not prevail. Senator Hogston's motion did not prevail.
Senator Lindley offered the following motion to amend : MR. PRESIDENT:
I move that Engrossed House Bill No. 465 be amended by striking out all of section 7.
LINDLEY, Senator. Which motion was not adopted.
Senator Cann offered the following motion to amend : MR. PRESIDENT:
I move to amend House Bill No. 465 as follows: Section 2, line 13, after the period by striking out the word "In" and by striking out all of lines 14 and 15 in section 2.
CANN, Senator. Which motion was not adopted.
Senator Nejdl offered the following motion to amend : MR. PRESIDENT:
I move to amend House Bill No. 465 by inserting after the word "construction” in line 9, section 6, the following, to wit: “and all contracts to be let to the lowest responsible bidder.” Reference being had to the engrossed bill.
NEJDL, Senator. Which motion prevailed. Senator Masters offered the following motion to amend :