own pockets. As to the record of reasons assigned for a vote, they are spread upon the journal. I can bear testimony to the general accuracy of these reports; but if we take this Legislative Sentinel, the precedent will run through time, accumulate in expensiveness, and draw off thousands and thousands of dollars by the hands of every Legislature
Mr. POWER. I shall support the amendment of the gentleman from Elkhart, for the reason that I labored here very hard to get three dollars' worth of postage stamps, and had to put upwith two dollars' worth. I want to get back that dollar.
Mr. HAMILTON opposed the whole thing. No valid reason had been offered for the proposition, and he hoped it would not prevail.
Mr. MURRAY'S amendment was rejected, and the question recurred on the adoption of the resolution.
Mr. HUNTER and Mr. MURRAY demanded the yeas and nays, which being ordered and taken, resulted - yeas 44, nays 44 - as follows:
YEAS. - Messrs Baird, Black, Bowman, Carr, Clark, Claypool, Clements, Collier, Davis, Dougherty, Early, Edwards, Firestone, Gregory, Harney, Jeffries, Jones, Jordan, Keefer, Kempf, Lawhead, Lewis, McLain, Massey, Martin, Nelson, Newton, Parrett, Power, Prosser, Scott, Shockley, Shull, Smith of Perry, Snyder, Stanley, Stinson, Sullivan, Summers, Tebbs, Thompson of Elkhart, Thompson of Madison, Turpie, Wheeler, Wood, and Mr.Speaker - 44.
NAYS. - Messrs. Austin, Boyd, Boxley, Branham, Brotherton Cavins, Clayton, Colgrove, Comstock, Cotton, Davidson, Durham, Duvall, Eastham, Fordyce, Gitford, Griffin, Hall of Grant, Hall of Rush, Hamilton of Bonne, Hamilton of Wayne, Hancock, Harrison, Hartley, Hunter, Johnston, Kelly, Major, Mansfield, Mellett, Miller, Murray, Nebeker of Vermillion, Nebeker of Warren, Parks, Hitter, Kobinson, Row, Rynearson, Sherman Shields, Smith of Miami, Stiles, Treadway, Usrey, Waterman, Whetzel, Whiteman, Wildman - 44.
So the resolution was rejected.
SCHOOL TAX.
Mr. JEFFRIES submitted the following, which was adopted.
Resolved, That the committee on Education be instructed to inquire into the expediency of distributing the taxes collected for school purposes in the counties where collected, and report by bill or otherwise.
Mr. SHULL submitted the following, which was adopted.
Resolved, That sound policy dictates that an act providing for the disposal and management of the trust funds set apart for common school purposes, should provide for the distribution of said fund amongst the several counties of this State, according to the number of children in each; and inasmuch as the interest only of said fund can be used for the support of common schools, its investment in such securities or in such way as to secure promptly the interest thereon, is of the highest consideration.
TAX ON RAILROAD PROPERTY.
Mr. TURPIE submitted the following, which was adopted:
WHEREAS, Great loss and inconvenience have been felt by the several counties by reason of the law now in force for assessing the property of railroad companies doing business therein: therefore,
Be it Resolved, That the Committee on Ways and Means be and they are hereby instructed to inquire into the expediency of so amending the present law as to provide that the real and personal property belonging to railroads be assessed and listed for taxation in the county where the same may be situate, and not in the county of the principal office.
COMMON PLEAS COSTS.
Mr. MERRIFIELD submitted the following:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of repealing so much of the 36th section of the act establishing the Court of Common Pleas, defining its jurisdiction, duties, &c, as provides for the taxing of a docket fee against the losing party in civil cases.
The resolution was rejected.
STATE INDEBTEDNESS
Mr. HUNTER submitted the following:
Resolved, That the Auditor of State furnish this House immediately with the entire indebtedness of the State other than the foreign State debt, stating particularly to what persons or corporations or funds it is indebted, and the amount of interest it is paying to each.
Mr. HARNEY thought the Auditor's statements submitted yesterday sufficiently satisfactory on that subject.
Mr. HUNTER. The Committee on Ways and Means desire to set forth the entire indebtedness of the State. We have carefully looked over the Auditor's report, and are satisfied that it does not furnish the entire amount. It says nothing about the amount due the Sinking Fund. In fact there are some of the trust funds of which it states the gross amount. We want exact, specific amounts, or as nearly so as may be: and if the Auditor's report be correct, it will not take long to answer that resolution. We want the Auditor to furnish the amount of indebtedness and the amount of interest the State is paying.
The resolution was adopted.
ROAD LAW.
Mr. TREADWAY submitted the following:
Resolved, That the Committee on Roads be instructed to inquire into the expediency of so amending the present Road law as to dispense with the working out of personal privileges, and substituting one dollar, to be paid by such persons as are liable to work privileges, to the Supervisor to be expended as the law may provide; and that said committee report by bill or otherwise.
The resolution was rejected.
LEGISLATIVE SENTINEL.
Mr. USREY. Mr. Speaker, I move a reconsideration of the vote on the adoption of the resolution of the gentleman from Clark in regard to taking the Legislative Sentinel.
Mr. GIFFORD. I am in favor of taking this Sentinel, and though I have voted against taking it here, I am anxious that it should be taken by individual subscription. I think members can well afford to subscribe to the extent indicated in page: 58[View Page 58]the resolution. If it is only for the benefit of members, we ought not to tax the State for our individual benefit. If it was a thing to benefit our constituents, it would be proper to make the subscription proposed. I think we ought to subscribe as individuals. I am willing to take two copies, or as many for my share as will justify the publication.
The motion to reconsider was agreed to on a division - affirmative 51, negative not counted and the question recurred on the adoption of the resolution.
The yeas and nays being again demanded, ordered and taken thereon, resulted - yeas 51, nays 44 - as follows:
YEAS - Messrs. Baird, Black, Blythe, Bowman, Boxley, Carr, Claypool, Clayton, Clements, Collier, Davis, Dougherty, Durham, Early, Eastham, Edwards, Firestone, Gregory, Hancock, Harney, Jeffries, Jones, Jordan, Keefer, Kempf, Lawhead, Lewis, McLain, Massey, Martin, Nelson, Newton, Parrett, Power, Prosser, Scott, Shockley, Shull, Smith of Perry, Snyder, Stanley, Slinson, Sullivan, Summers, Tebbs, Turpie, Usrey, Wheeler, Whiteman, Wood and Mr. Speaker - 51.
NAYS - Messrs. Austin, Boyd, Branham, Brotherton, Caving, Clark, Colgrove, Comstock, Cotton, Davidson, Duvall, Fordyce, Gifford, Griffin, Hall of Gram, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harrison, Hartley, Hunter, Johnston, Kelly, Major, Mansfield, Mellett, Miller, Murray, Nebeker of Vermillion, Nebeker of Warren, Parks, Ritter, Robinson, Row, Rynearson, Sherman, Shields, Smith of Miami, Stiles, Thompson of Elkhart, Thompson of Madison, Treadway, Whetzel and Wildman - 44.
So the resolution was adopted.
TRUSTEES OF CARLISLE.
Mr. USREY asked and obtained a suspension of the order of business, to enable him to submit a petition from the trustees of the town of Carlisle, in the county of Sullivan, asking the General Assembly to authorize their act in levying and collecting a school tax.
The petition was referred to the Committee on Education.
TOWNSHIP BUSINESS.
Mr. COLGROVE submitted the following, which was adopted:
Resolved, That the Committee on County and Township Business be instructed to inquire into the expediency of abolishing the present mode of doing township business, and provide for a less expensive mode of dcing the same, and that they report by bill or otherwise.
BUSINESS OF THE SESSION.
Mr. MURRAY submitted the following, which was adopted:
Resolved, That this House will proceed to the consideration of all business in its regular order - the filling of all offices to be filled by election of the Legislature included - until all the questions of public policy recommended by the Governor shall have been considered and decided, and then adjourn the session.
Mr. DOUGHERTY submitted whether the resolution was not out of order under the ruling of the Chair.
The SPEAKER. I decide now that the Chair was out of order in the ruling against both the resolutions last week, to which the gentleman refers. The present decision of the Chair is based on section 35 of Jefferson's Manual (which the Speaker read.) The Chair entertains the resolution of the gentleman from Elkhart.
Mr. COLGROVE proposed to amend by striking from the resolution all after the word "order."
Mr. MURRAY considered the amendment designed to destroy the resolution. He was opposed to the idea of sitting forty days, and also to confining the business of the session to the subjects recommended by the Governor. He would put all into the hopper, and when they were ground out, he would shut down the gate and go home.
Mr. COLGROVE. The election of these officers was an important duty owing to our constituents, and he was in favor of making elections whenever we get ready to do itwhenever the proper arrangements are made when all parties here may be fully represented. He was especially in favor of electing officers to the places of those who have been so long holding by the grace of the Governor. The provisions of the resolution were premature. He had submitted the amendment in good faith.
Mr. CAVINS made an ineffectual motion lay the amendment on the table.
Mr. DAVIS spoke to the importance of stability in our legislation, and the importance of being careful about making changes in the laws. To adopt the amendment would be to vote the session shall be continued forty days. He admitted certain necessary modifications of the code of 1852, to suit judicial decisions under it. Under the original resolution we would go on with the ordinary business until the proposition from the Committee on Ways and Means shall be fully matured. What was to be understood by the word "arrangement" in the remarks or the gentlemen from Randolph? He neither understood nor sympathized with arrangements for party drill in the matter of elections here. If he were a party leader he would urge his brethren to make a short session, and he considered course also for the best interest of the State, hoped this resolution would pass, and that should go on regularly with the business, elections also, &c., and that the amendment would be voted down.
Mr. COLGROVE replied to Mr. Davis. demanded the yeas and nays on the amendment.
Mr. TURPIE gave his views of the proper business that should be considered at this extra session. He was glad to see this disposition to reconsider the action already taken, and hoped that general subjects of legislation at this session would be avoided, and that all such business would go over to the regular session, as the Constitution provides. The people did not expect general legislation, and the dearth of petitions and memorials indicated this. He reviewed and replied to the arguments for going into general business and the election of officers.
Mr. BRANHAM also addressed the House at length, insisting that a loan was necessary to meet the interest of the State debt, because it could not be raised in time by a tax levy, neither could that tax be collected so soon without manifest inequality and injustice. All these resolutions had no other effect than to interrupt investigation in the committees. The filling of the offices was a small consideration by the side of these financial considerations. It was the dictate of good policy to remain in session till we can indicate what is the temper of the House with regard to the Court of Common Pleas, the page: 59[View Page 59] present cumbrous township business, the mananagement of the Penitentiary, and the facts connected with the same, the management of the several Benevolent Institutions of the State, and then adjourn and go home, that propositions on these may be matured at once in the regular session. The Committee on Ways and Means did not intend to go out to borrow money before they were ready to tell the world how and when it should be paid.
Mr. DOUGHERTY supported the resolution and opposed the amendment. At the proper time he would move to strike out what relates to elections, but still, if he did not succeed, he should vote for it. He exulted in the prospect of the adoption of this resolution. The only difference between this, and his resolution, offered last Friday was the election of officers. He reviewed the arguments againts his resolution, &c.
Mr. SCOTT regretted the introduction of the resolutions, and opposed all such propositions as indirectly reflecting on the intelligence, if not the integrity of this body. Too early a day for adjournment could not be set to suit him, and he replied at length to those of the other part.
Mr. RITTER gave sundry suggestions against the wisdom of dsscussing such resolutions as this. They could have no binding force.
Mr. MELLETT gave his voice against this debate, but reasoned in favor of the amendment. Still, he must not be taken as favoring a long session. A long session was against his sense of duty as well as considerations of private advantage. He scouted all considerations of a partisan or a mere popular character in connection with those of duty here. He also reviewed the arguments favoring the least amount of legislation, but seeing no reason why the business before us could not be done now as well as at any other time, &c. He would act speedily, but intelligently.
Mr.SPEAKER GORDON (Mr. Colgrove in the Chair) gave an explanation with reference to remarks made by the gentleman from White, and the gentleman from Johnson and Morgan, justifying his resolutions of inquiry into alleged abuses, &c.
Mr. MURRAY also explained, maintaining and defending his course.
Without coming to any conclusion
The House took a recess till two o'clock.
AFTERNOON SESSION.
The SPEAKER directed the consideration of the special order, viz: the consideration of Mr. Edward's resolution submitted yesterday:
STATE LOAN.
The resolution was read through again by the Clerk, and it is as follows:
Resolved, That the Committee on Ways and Means are hereby instructed, that in the opinion of this House, the levying of a tax to be added to the tax duplicate on the assessment and valuation of real property for taxation for state purposes, would be inexpedient, as many persons have now paid and others will pay the taxes as now charged, before the act making such additions can go into effect; that it will leal to confusion, cause delinquencies because of the inability of tax-payers to meet any additional assessment until they can have the advantage of the products of another year; that the value of real property has materially changed, and to cause the rate of assessment and taxation to be equal and uniform, a reappraisement of all real and personal property should be provided for and made; that to meet the present necessities for the administration of the State Government, arising out of the casual defects in the revenue in consequence of the last General Assembly failing ta pass any law for the purpose of raising a revenue for toe years 1857 and 1858; that the means for that purpose, as well as to pay the interest on the public debt should bs borrowed, aad that the monies so borrowed should be collected by being divided and charged upon future tax duplicates commencing with the year 1859, and when so collected should be paid to the proper parties.
Mr. HARNEY wanted the action of the House on the resolution, for a guide of the Committee on Ways and Means, although he himself should not vote for it. He proceeded to reason against an increase of the public debt, without providing means to pay it. Such a course of policy could not fail to injuriously affect our State credit. We had already exhausted $559,000 of these trust funds! and for the present year and the next year it would require a like sum, and there was danger of the exhaustion of these funds, which was too sacred almost to disturb at all for the ordinary expenses of the government. It was singular that the State Bank should have been more careful of the Sinking Fund than the State itself. This proposition, if adopted, would lead to a new State indebtedness of more than two millions of dollars. He showed from the 12th page of the report of the Commissioners of the Sinking Fund, that provision for the repayment of these funds thus used, was expected to be made, and if it were not done, we would go into market with a bad grace, with a domestic debt which we have not yet provided for.
Mr. AUSTIN moved to postpone the consideration of the subject till Thursday 2 o'clock P. M.
Mr. MURRAY proposed to amend the motion by substituting a reference to the Committee on Ways and Means, with instructions to report whether there are any funds belonging to the State which can be made available for the State expenses of 1857-8, and the interest on the State debt.
The first question being on the postponement, it was agreed to.
ORDER OF BUSINESS.
The SPEAKER announced the consideration of the unfinished business of the morning, viz: Mr. Murray's resolution - the question being on Mr. Colgrove's amendment to strike out all after the word "order."
Mr. SCOTT moved to lay the resolution and amendment on the table.
Messrs. DAVIS and SCOTT demanded the yeas and nays, and they were ordered and taken, resulting - yeas 42, nays 49, so the House refused to lay on the table, and the question recurred on the amendment.
Mr. HUNTER spoke to the whole argument involved in this subject - stating particularly important subjects of legislation, and the necessity of attending to them promptly; and the neces sity of carrying the present organization into the regular session in order to economise time and labor in the standing committees. When he had concluded,
Mr. COLGROVE moved indefinite postponement of the subject.
page: 60[View Page 60]Messrs. SCOTT and PROSSER demanded the yeas and nays, and the same were ordered.
Mr. DAVIS said, (explaining,) that in giving this vote now, he did so with no disposition to disturb the organization of the House. Let the committees go on - sit in the vacation - but an forty days' session now was out of the question.
Mr. AUSTIN explained, that he must vote in favor of postponement to quiet this subject, which had occupied too much time.
Mr. RYNEARSON explained, that in view of the necessity of attending to pressing business indicated, he could not vote to postpone. He also desired a short session.
Mr. POWER also spoke briefly, regarding the whole proceeding on this subject as ridiculous and farcical. He desired its effectual quiet - its indefinite postponement and burial so deep that gentlemen can never raise it again.
The yeas and nays were taken, resulting - yeas 51, nays 43 - as follows:
YEAS - Messrs. Austin, Baird, Bowman, Boyd, Boxley, Branham, Brotherton, Carr, Clark, Colgrove, Collier, Comstock, Davidson, Early, Eastham, Edwards, Firestone, Fordyce, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Hancock, Harrison, Hartley, Hunter, Jeffries, Johnston, Kelly, Major, Mansfield, Mellett, Miller, Nebeker of Vermillien, Nebeker of Warren, Power, Batter, Robinson, Scott. Sherman, Shields, Smith of Miami, Stiles, Stinson, Tebbs, Treadway, Whetzel, Whiteman, and Mr. Speaker - 51.
NAYS - Messrs. Black, Blythe, Cavins, Claypool, Clayton, Clements, Davis, Dougherty, Durham, Duvall, Gifford, Harney, Jones, Jordan, Keefer, Kempf, Lewis, McLain, Massey, Murray, Martin, Nelson, Paris, Parrett, Prosser, Row, Rynearson, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers, Thompson of Elkhart, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler, Wildman, and Wood - 43.
So the subject was postponed.
UNITED STATES SENATORS.
Mr. TURPIE now again submitted the resolution (identical with Mr. Parrett's, ruled out last Saturday,) acquiescing in the decision of the United States Senate on this subject, and declaring it inexpedient to go into any election of Senators at this session.
The yeas and nays being demanded, ordered and taken on its adoption, resulted - yeas 40, nays 50 - as follows:
YEAS - Messrs. Black, Bowman, Carr, Claypool, Clements, Dougherty, Durham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Keefer, Kelly, Kempf, Lawhead, Lewis, McLain, Major, Massey, Nelson, Parrett, Prosser, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 40.
NAYS - Messrs. Austin, Baird, Boyd, Boxley, Branham, Brotherton, Cavins, Clark, Colgrove, Collier, Comestoct, Davidson, Duvall, Edwards, Fordyce, Gregory, Griffin, Hall of Grant, Hall of Hush, Hamilton of Boone, Hamilton of Wayne, Harrison, Hunter, Jeffries, Johnston, Jones, Mansfield, Mellett, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Parks, Power, Hitter, Bobinson, Row, Rynearson, Scott, gherman, Shields, Smith of Miami, Stiles, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr. Speaker - 50.
So the resolution was rejected.
SHERIFF'S MILEAGE.
Mr. ROW submitted the following:
WHEREAS, The Auditor of State, in his report, estimates the ordinary expenses to be paid on account of Sheriff's mileage at ten thousand dollars annually, for 1859'60: Therefore:
Resolved, That the Committee on Offices and Salaries are instructed to reduce said expense by providing that the Sheriffs shall take all prisoners which may be sentenced during one Circuit Court at one trip, and not singly, so as to enable him to charge mileage in each case.
The resolution was adopted by consent.
REVENUE DEFICIENCIES.
Mr. MURRAY submitted the following, which was adopted:
Resolved, That the Committee on Ways and Means be instructed to inquire and report whether there is any fund belonging to the State which can be applied to meet the deficicnces of revenue for the years 1857 and 1858.
Mr. USREY submitted the following:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of reporting a bill providing for the election of a Justice of the Peace in every incorporated town in the State having no resident Justice.
The resolution was rejected.
Mr. GIFFORD offered a resolution, which was rejected, directing the Door-keeper to procure and place a copy of Jefferson's Manual on each member's desk.
LEGISLATIVE SENTINEL.
Mr. DOUGHERTY. Mr. Speaker, there was a resolution adopted this morning providing for taking 200 copies of the Legislative Sentinel. I voted for that resolution; but on reflection I am inclined to think that I was wrong; and to set myself right I move a reconsideration of that vote.
The motion to reconsider was lost.
Mr. FIRESTONE introduced a bill (No. 14) to amend the second section of the act approved March 7, 1857, to authorize the formation of new counties and change county boundaries, whichwas passed the first reading.
Mr. GRIFFIN introduced a bill (No. 15) to amend the 445th, 453d, and 455th sections of the Law Reform Act, approved June 18th, 1852, which was passed the first reading.
Mr. TURPIE introduced a bill (No. 16) to repeal the act to provide for the protection of wild game, and declaring the time in which the same may be taken and killed, and declaring the penalty for the violation of this act, approved February 26, 1857.
Mr. MURRAY made an ineffectual motion to reject, and then the bill was passed the first reading.
Mr. NELSON introduced a bill (No. 17) for the regulation of township elections of trustees, of duties of trustees, the mode of assessing township tax and doing township's business; which was passed the first reading.
Mr. STILES introduced a bill (No. 18,) to named section 18 of the act prescribing the powers and duties of justices of the peace in State prosecutions, approved May 29, 1852, which was passed the first reading.
Mr. CLEMENTS introduced a bill (No. 19) to secure the service of process in actions against corporations created by the General Assembly of this State which have no office in the county where they are doing business, or where they have been located and have exercised corporate privileges, which was passed the first reading.
Mr. MERRIFIELD introduced a bill (No. 20) to amend the fourth section of the Game Law, approved February 26, 1857, which was passed the first reading.
page: 61[View Page 61]Mr. USREY introduced a bill (No. 21) prescribing the time of holding the Circuit Court in the county of Sullivan, which was passed the first reading.
Mr. STANLEY introduced a bill (No. 22) providing for the reappraisement of the unsold school lands in the State, which was passed the first reading.
The SPEAKER laid before the House the depositions in the contested election case of Edwards vs. Firestone, which,
On motion of Mr. MURRAY, were referred to the Committee on Elections.
The House then adjourned.
