HOUSE OF REPRESENTATIVES,
MONDAY, November 29, 1858.The Journal of Saturday was read.
BANK STATEMENTS.
The Speaker laid before the House, statements by the respective cashiers of the Branches of the Bank of the State of Indiana at South Bend, Elkhart and Fort Wayne, showing severally the condition of said Branches.
STATE AUDITOR'S REPORT.
The Speaker said he was requested to lay before the House a report from the Auditor of State, and to say that it is not a full and complete report for the present year, but statements simply for the use of members of the General Assembly, in order to enable them to come to proper conclusion in reference to the condition of the finances of the State.
CONTEST FOR THE SEAT OF MR. FIRESTONE.
Mr. MURRAY submitted the petition of Caleb W. Edwards, claiming to be legally elected to the present General Assembly for the Representative District composed of the Counties of Huntingdon and Whitley - to the place occupied by J.B. Firestone - alleging a violation of the ballot-box in Huntington township, &c., and asking an investigation, &c., which was referred to the Committee on Elections.
SUPREME COURT REPORTS.
Mr. TURPIE, from the Committee on the Judiciary, reported the following, which was adopted by consent:
Resolved, That the Clerk of this House be authorized and directed to purchase the 8th, 9th and 10th volumes of the reports of the Decisions of the Supreme Court of the State of Indiana for the use of the Committee on the Judiciary, which reports shall be set apart for the use of said Committee at all subsequent sessions of the General Assembly, and be placed in the State Library after the adjournment of each session, to be retained there for the sole use of paid committee.
UNITED STATES SENATORS
Mr. TURPIE submitted a preamble and resolution, acquiescing in the decision of the Senate of the United States, and against going into any election of U. S. Senators at the present session in the terms of Mr. Parret's resolution which was ruled out of order last Saturday.
The SPEAKER. The Chair is constrained to decide the resolution out of order, under the ruling already made.
Mr. TURPIE. I submit, that in justice to the Democratic minority on this floor, they should have an opportunity to express their opinion on this question. I hope the House will be unanimous in its consent to allow us a direct vote on this resolution. I am willing to accept the decision of the Chair upon the point of order, but I hope the ruling will be suspended, and that this courtesy will be extended now - now is the accepted time. [Laughter.]
The SPEAKER. Without the consent of the House the remarks of the gentleman are out of order. Is there any objection to the gentleman's proposition?
Mr. EDWARDS. I object; and I move that the application be laid on the table, and made a special order for to-morrow at two o'clock.
Mr. TURPIE. Why not now?
Mr. EDWARDS. Because I do not know who are absent or present now, precisely.
Mr. TURPIE. I will ask the gentleman from Vigo if he objects?
Mr. EDWARDS. I do object at this time.
DISTRIBUTION OF THE SCHOOL FUND.
Mr. PROSSER submitted a resolution, which was adopted by consent, directing the Committee on Education to inquire into the expediency of so amending the law as to make it the imperative duty of the Superintendent of Public Instruction, the Auditor and Treasurer of State, to distribute annually all funds coming into their hands for the support of common schools, and that the said committee report by bill or otherwise.
TOWNSHIP BUSINESS.
Mr. CLAYPOOL submitted the following, which was adopted by consent:
Resolved, That the Committee on County and Township Business be instructed to inquire into the expediency of so amending the existing law in regard to the mode of doing township business, that a part or all the officers acting under such law may be dispensed with.
page: 51[View Page 51]STATE PRINTER'S ACCOUNTS.
Mr. RITTER submitted a resolution, which was adopted by consent, to the effect:
That a select committee of five be appointed by the Speaker, to examine the accounts of the State printer, for the last four years, and that they inquire as to the amount and quality of paper purchased by him, on account of the State, the price paid therefor, and also into the prices of binding done by him on account of the State; and that said committee have power to send for persons and papers.
The SPEAKER appointed Messrs. Ritter, Gregory, Miller and Newton.
TAX FOR STATE PURPOSES.
Mr. EDWARDS submitted a resolution, instructing the Committee on Ways and Means to the effect:
That in the opinion of this House, to add anything to the tax duplicate on assessments of real or other property for State purposes, for the year 1858, would be inexpedient, as many have paid or will pay the tax now charged, before such a law could go into effect: that such a thing would lead to confusion, because of the inability of many to pay anything additional before they can avail themselves of the advantage of the crops of another year, and because taxation should be equal and uniform under a reappraisement to be provided for; and that they should meet the present necessities of the administration of the State Government, arising out of casual deficits of the revenue, in consequence of the last General Assembly failing to pass any law for revenue, for the years 1857 and 1858; that the means for that purpose, as well as to pay the interest on the public debt should be borrowed; and that the money so borrowed be charged on future tax duplicates, commencing with the year 1859, &c.
Mr. HARNEY. There are important ques tions couched in that resolution, upon which I do not feel ready now to vote. I move that it be postponed and made the special order for tomorrow at 2 o'clock.
It was so ordered.
CLERKS FOR THE STATE AUDITOR.
Mr. PARRETT submitted the following:
Resolved, That the Auditor of State be authorized to employ such number of clerks as may be necessary to enable him to answer promptly the various resolutions of this House, which have been addressed to his office.
Mr. MURRAY. I move to lay the resolution, on the table.
The motion being withdrawn -
Mr. PARRETT referred to the length of time required to go over the business of that office by sundry resolutions adopted in this House, and alleged the impossibility for the Auditor to respond satisfactorily without clerical assistance.
Mr. MURRAY renewed the motion to lay the resolution on the table, and it was agreed to on a division - affirmative 38, negative 35.
Mr. LAWHEAD submitted a preamble and resolution to the effect,
That whereas, the Hon. J- W. Gordon, representative for tho county of Marion, did on last Friday, introduce a number of resolutions calling on the Auditor of State for statements in reference to the expenditures of the present administration of the State Government; therefore resolved, That the said Auditor be requested also to communicate to this House what information there may be in his office of the amount of money expended by each administration of the State Government, for the period of time extending from the beginning of the administration of Governor Noble to he present time, and that he be requested to state not only what amount has been paid out of the Treasury by each administration, but Jor what purpose and upon what authority.
On motion by Mr. PARKS, the resolution was laid on the table.
COUNTY AUDITOR - SCHOOL LAW.
Mr. MURRAY submitted the following, which was adopted:
Resolved That the Committee on Education be instructed to inquire into the expediency of so amending the School Law, that the County Auditor shall decide all cases of appeal arising from the location, building or repairing of School-houses, the employment of teachers or conducting schools, and the distribution of school funds, instead of leaving those duties to the State Superintendent of Common Schools.
Also, separating by law, the School Fund from all other funds belonging to the State.
Also, to provide by law for the payment of interest on all sums due from the Treasury of the School Fund, said interest hereafter to be paid annually, and distributed for the support of Common Schools.
Mr. GRIFFIN introduced a bill (No. 6) to amend the 38th section of the act to revise, simplify and abridge the rules of practice, pleadings and forms in civil cases in the Courts of this State, to abolish distinct forms of action, and to provide for a uniform mode of pleading and practice, without distinction between law and equity, approved June 18, 1852, which was passed the first reading.
COUNTY RECORDER.
Mr. BOYD introduced a bill (No. 7) to amend section 3 of the act to provide for the election, and prescribing the. duties of the County Recorders, approved May 31, 1852, which was passed the first reading.
ASSIGNMENT OF INSOLVENTS.
Mr. COLGROVE introduced a bill (No. 8) to provide for a uniform mode or proceeding in cases of assignments of insolvent debtors for the benefit of their creditors; to provide for the appointment of trustees, and for the distribution of the proceeds of insolvent estates, which was passed the first reading.
UNAUTHORIZED PAPER CURRENCY.
Mr. MARTIN introduced a bill (No. 9) to prevent the circulation of unauthorized paper currency, which was passed the first reading.
REGISTRATION LAW.
Mr. AUSTIN introduced a bill (No. 10) to regulate the manner of holding elections, and to prevent fraudulent voting, which was passed the first reading.
NEW COUNTIES,&C.
Mr. NEWTON introduced a bill (No. 11) entitled An Act repealing the second section of the act entitled An Act to authorize the formaiion of new counties, and to change county boundaries, approved March 7, 1857, which was phased the, first reading.
page: 52[View Page 52]CONVENTIONAL INTEREST.
Mr. SHULL introduced a bill (No. 12) entitled An Act supplementary to the act entitled An Act concerning interest on money, approved May 27, 1852, and providing for a conventional rate of interest, which was passed the first reading.
TAXES.
Mr. WATERMAN introduced a bill (No. 13) to amend section 32, chapter 6, of the Revised Statutes of 1852, and to provide for the valuation and assessment of real and personal property, foi the collection of taxes, &c., approved June 21, 1852, which was passed the first reading.
The SPEAKER (Mr. Edwards in the Chair) now announced the order of bills on their second reading.
STATE DEBT.
Mr. LAWHEAD'S bill (No. 1) providing for the payment of the January instalment of interest on'the State debt, being read through and passed the second reading -
On motion of Mr. RITTER, it was referred to the Committee on Ways and Means.
REVENUE FOR 1858.
Mr. BOYD'S bill (No. 2) to raise revenue for State purposes for the year 1858 was read through and passed the second reading.
Mr. BOYD proposed to amend by filling the blank with "fifteen" cents on the hundred dollars, and "fifteen" cents to the poll, and so to refer the bill to the Committee on Ways and Means.
The amendment was agreed to, and the bill referred accordingly.
EXEMPTIONS OF CORPORATIONS, &C,
Mr. MERRIFIELD'S bill (No. 4) to amend the 445th section of the Act to revise, simplify and abridge the rules of practice, pleading and forms in this State, &c., was read through and passed the second reading.
Mr. MERRIFIELD proposed to amend by adding:
"SEC. 2. And there being an emergency, the same shall be in force from and after its passage."
The amendment was agreed to.
On motion by Mr. SCOTT, the bill as amended was referred to the Committee on the Judiciary.
LAW OF DIVORCE.
Mr. COLGROVE'S bill (No. 5) to amend the 6th section and repeal the 7th clause of the 7th section of the Divorce Act, was read through and passed the second reading.
Mr. MURRAY moved to refer the bill to the Committee on the Judiciary.
Mr. TURPIE proposed to amend the motion so as to refer the bill to the Committee on the Rights and Privileges of the Inhabitants of the State of Indiana.
After debate upon this motion by Messrs. Colgrove, Turpie, Scott, Parrett, Parks, Murray and Griffin -
Mr. TURPIE'S motion was rejected.
Mr. BLYTHE proposed to amend the motion by referring the bill to a select committee of five.
The SPEAKER. The first question is on referring to the Standing Committee.
The House refused to refer the bill to the Committee on the Judiciary.
Mr. BLYTHE'S motion was then agreed to, and the bill was accordingly referred to a select committee.
Whereupon the Speaker appointed Messrs Blythe, Davis, Mansfield, Parrett and Brotherton.
BUSINESS OF THE SESSION.
Mr. DUVAL'S joint resolution relative to the business of the special session, coming up, and being read through by the Clerk
The SPEAKER. The Chair regards the resolution as conflicting with the action of the House last Thursday, by which the resolution of the gentleman from Morgan and Johnson (Mr. Dougherty) was indefinitely postponed, and therefore out of order.
After debate upon this ruling by Messrs. Davis, Dougherty, Duval and Colgrove, indulged by unanimous consent of the House, without coming to any conclusion
The House adjourned.
