IN SENATE.
WEDNESDAY, December 1, 1858.The Journal of Saturday was read.
REPORT OF A BRANCH OF THE BANK OF THE STATE OF INDIANA.
The PRESIDENT. I will lay before the Senate a report showing the condition of the branch of the Bank of the State of Indiana, at Indianapolis.
SINKING FUND.
Mr. JOHNSTON. Mr. President:
The PRESIDENT. The following resolution is offered by the Senator from Putnam:
Resolved, That the Committee on Education inquire into and report by hill or otherwise whether any legislation is necessary to secure the Sinking Fund or any other School Fund from losses upon lands mortgaged to said funds on account of sales of such mortgaged lands for non-payment of taxes.
The resolution was adopted by consent.
INSANE ASYLUM.
Mr. O'BRIEN. Mr. President:
The PRESIDENT. The following resolution is offered by the Senator from Dearborn:
Resolved, That the Committee on Benevolent Institutions be instructed to report a bill, if deemed expedient, providing for the erection of an additional wing to the Hospital for the Insane, so as to afford suitable accommodation for the class of patients who are now, from time to time, discharged from this Hospital as incurable.
The resolution was adopted by consent.
COMMON SCHOOL FUND.
Mr. STUDABAKER. Mr. President:
The PRESIDENT. The following resolution is offered by the Senator from Adams:
Resolved, That whereas by the report of Auditor of State there is shown to be due the Common School Fund, undistributed in the State Treasury, the sum of $186,861 64, which is now due from the State Treasury to said fund, and also in the further sum of $145,410 57 to the Swamp Land Fund; and whereas, in justice to those that purchased swamp lands with the expectation that the same would be drained, and also with a proper regard for the educational interests of the State, said sums ought to be speedily reimbursed, therefore the Committee on Finance are instructed to inquire into the expediency of paying said sums, and report as soon as practicable.
The resolution was adopted by consent.
AVAILABLE FUNDS.
Mr. FISK. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Ripley:
Resolved, That the Committee on Ways and Means be instructed to inquire into and ascertain the amount of available funds, if any, that may be applied to meet the deficit of 1857 and 1858, and report accordingly, at their earliest convenience.
Mr. McLEAN. I move that the Messenger of the Senate take it to the other end of the Capitol.
A VOICE. There is no Committee on Ways and Means in the Senate.
Mr. FISK. I desire that the resolution shall be so changed as to read "Committee on Finance."
The resolution was adopted by consent.
NEW PENITENTIARY.
Mr. BROWN. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Marshall:
Resolved, That the Committee on the State Prison be instructed to inquire into the expediency and propriety of establishing a house of refuge at in county, in the northern part of this State, for the confinement of juvenile offenders, and all those that have committed larceny, and report by bill or otherwise.
The report was adopted by consent.
CONVICTS TO THE PENITENTIARY.
Mr. CONNER. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Wabash.
WHEREAS, heretofore, when more than one prisoner has been convicted to the State Prison at the same term by the several Circuit Courts of this State, some of the Sheriff's of the several counties of the State in such cases, have been in the practice of conveying such prisoners to the State prison, one at a time, and charging mileage for conveying each several prisoner; therefore,
Resolved, That the Committee on the State Prison be instructed to report a bill requiring all the prisoners convicted at the same term to be conveyed to the State Prison at one time, or otherwise be prohibited from charging miles for more than one visit.
The resolution was adopted by consent.
CLERK TO THE COMMITTEE ON FINANCE.
Mr. RICE. Mr. President. I beg leave to submitted the following:
Mr. PRESIDENT, In pursuance of a Resolution of the Senate, the undersigned, as Chairman of the committee on Finance, asks leave of the Senate for said committee to employ a Clerk for such time as said committee may deem necessary.
J. A. RICE, Chairman.
To which the Senate consented.
TOWNSHIP TRUSTEES MEETING.
Mr. STEVENS. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Decatur:
Resolved, That the Committee on County and Township Business be requested to inquire into the expediency of so changing the law regulating the meeting of Township Trustees so as to have them meet only once in three months, and to give notice of the time of their meeting, in the newspaper having the largest circulation in the county.
Mr. STEVENS. It is a mere resolution of inquiry; no harm can be done by its adoption
Mr. WEIR. Mr. President, I object to the passage of this resolution, and the reason I object is this. It seems to be agreed that the present mode of doing township business shall be changed, and that being the case we do away entirely with the present system, and consequently there is no use of adopting forty resolutions of this character, calling upon the committee to act in this respect. There will be no end to expressions of this character, therefore I object. I move to lay the resoluton on the table.
page: 62[View Page 62]Upon a division of the Senate the motion was agreed to.
OPENING OF NEW ROADS.
Mr. HEFFREN. Mr President.
The PRESIDENT. The following resolution is offered by the Senator from Washington:
Resolved, That the Committee on County and Township Business be requested to inquire into the expediency of so amending the present Road law as to piy for the expenses of opening new roads, out of the Township Treasury, and report by bill or otherwise.
The resolution was adopted by consent.
ABOLISHING TOWNSHIP LIBRARIES.
Mr. BENNETT. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Union:
Resolved, That as the present system of Township Libraries has failed to accomplish the purposes for which it was designed, and is a heavy unnecessary expense to the people of the State, that the Committee on Finance be instructed to inquire into the expediency of abolishing or revising the same.
Mr. RICE. This resolution assumes what I think is not true. I take it upon myself to say here, and I think Senators will bear me out in the assertion, that these township libraries have done a great deal of good. If the question should come up here as to voting for a tax to increase these libraries, that would be another question. I will vote against the resolution.
The resoluion was rejected.
BILLS ON THE SECOND READING.
Mr. McLEAN. Mr. President: If in order, sir, I will move to suspend the order of business, and take up the order of the day - being bills upon their second reading. The Senate will remember that there are some forty odd bills now on their second reading. We have been in session nine or ten days and done nothing. I think these bills ought to be taken up, and some substantial legislation be done.
The motion was agreed to.
LEAVE OF ABSENCE.
Mr. WEIR. Mr. President: Owing to sickness in my family, I desire the Senate's consent to be absent for a few days. I will further state that I have made an arrangement with the Senator from Allen (Mr. Hamilton) to pair off with him upon political questions. I will also state that the Senator from Allen is in poor health and he may desire to go home; I don't know how that will be.
Mr. McLEAN. I move that the Senator from Allen be excused until Tuesday.
Mr. CRAVENS. I was requested by the Senator from Monroe (Mr. Wagner,) to ask leave of absence for him - he could not get the floor in time to ask for himself.
Leave of absence was granted in these three cases by unanimous consent.
MODE OF CHANGING VENUE IN CIVIL CASES.
Mr. Heffren's bill (No. 7) authorizing a mode of taking a change of venue, in certain civil cases not now provided for by law, was about to be read by the Secretary, who was stopped by -
Mr. HEFFREN. That bill is upon the table now.
[This was found to be the case; the Secretary had made a mistake; and, of course rectified it.
VENTILATING AND WARMING COUNTY PRISONS.
Mr. Heffren's bill (No. 11) in relation to the ventillating and warming of county prisons, was read through a second time by the Secretary.
Mr. HEFFREN. I move that this bill be referred to the Committee on County and Township Business.
Mr. GREEN. I do not see much need of referring it again, It is a simple bill providing that it shall be the business of the Board of County Commissioners to make repairs and fix the prisons right. I don't see how it can be bettered it is a simple proposition. It is delaying business very much to refer a bill to a committee unless it has need of revision. I am in favor of the bill, and I should like to take a vote upon it now.
The bill was ordered to be engrossed and read a third time to morrow.
PROHIBITING UNSAFE PAPER CURRENCY.
Mr. Tarkington's bill (No. 12) prohibiting safe paper currency, was read through the second time by the Secretary.
Mr. TARKINGTON. I move that the bill be referred to the Committee on Banks.
The bill was so referred by consent.
Mr. GREEN. I ask to instruct the committee to strike out the emergency clause. We find it in almost every bill, and is a great expense.
Mr. TARKINGTON. I think there is morel need of an emergency clause in this bill than in any other that may come up here. I hope we will shut the door down upon such trash immediately and that it will pass with the emergency clause.
Mr. GREEN. The reason why I offer this instruction is that I want to settle the question at the start, whether we will keep that emergency clause in almost every bill.
Mr. ANTHONY. I heartily agree with the suggestions made by the Senator from Brown. I think there is no bill which requires an emergency clause to such an extent as this. The people in the southern part of Indiana have been most severely imposed upon by those kinds of issues. I sincerely think that the emergency clause ought to remain in this bill - I think the sooner we shut down the better.
The instructions proposed were rejected.
Mr. MARCH. If in order, I will offer the following additional instructions: "To inquire into the expediency of embracing the paper of broken banks." I understand this bill only refers to the bills of banks not authorized by law and in my opinion there is as much evil resulting from circulating the bills of broken banks. When banks are once broken, persons should not be permitted to circulate their bills.
The motion was agreed to, and the committee was so instructed.
ELECTIONS - COUNTING OF VOTES.
Mr. HILL'S bill (No. 13), proposing to amend the Election law so that the Board of Judges may proceed to count out votes at any time during the receiving of votes when they may have leisure, was read through the second time by the Secretary.
Mr. LINE. I move its reference to the committee on Elections.
The motion was agreed to by consent.
page: 63[View Page 63]MISDEMEANORS.
Mr. GREEN'S bill (No. 14), proposing to amend an act defining misdemeanors, was read through the second time by the Secretary.
Mr. HENDRY. I move that this bill be referred to the Judiciary Committee.
The motion was agreed to.
ABANDONED HIGHWAYS.
Mr. Steele's bill (No. 15) authorizing County Commissioners to take possession of public roads abandoned by toe constructors, was read through the second time by the Secretary.
Mr. STEELE. I move to have that bill referred to a special committee of three. I would inform the Senate that there is an emergency existing for the passage of this bill, in my county; we have a plank road which cost some forty thousand dollars and is abandoned by the corporation which built it; our County Commissioners have failed to divide it into road districts, and it is the road over which our mail runs. The object of this bill is to keep that road, and other roads in the same situation throughout the State, in good order. I understand from some Senators in the southern portion of the State, that they have roads in the same condition. Our Commissioners sit next Monday, and I would be glad to have it passed through by that time.The motion was agreed to, and the President appointed Senators Steele, Johnson, and Line, said committee.
RELIEF OF JAMES O'BRIEN.
Mr. Slack's bill (No. 16) for the relief of James O'Brien, was read through the second time by the Secretary.
Mr. LINE: I move to refer this bill to the Committee on Claims.
Mr. HEFFREN. For the information of those Senators who were not here two years ago I will say that this same bill was referred to a committee of which I was one, and that we made a full examination of the matter and found that relief should be granted, but we failed to meet the bill in the Senate to put it upon its passage.
Mr. LINE. I withdraw my motion.
The bill was then ordered to be engrossed and passed to third reading.
QUALIFICATION OF VOTERS.
Mr. Cooper's bill (No. 17) having reference to the qualification of voters, was read through the second time by the Secretary.
Mr. COOPER moved that this bill be referred to the Committee on Elections.
Mr. JOHNSON. If in order, I would like to offer the following instructions:
Amend by striking out all that rebates to a residence of sixty days in the township.
I think it is a provision we can not insert into the bill, because I do not think it is according to the Constitution.
Mr. CONNER. This bill should be referred to the Judiciary Committee. I move to amend the motion ot the Senator from Rush, (Mr. Cooper) by moving its reference to the Judiciary Committee. Another thing, I would suggest to the Senator from Putnam (Mr. Johnson) that he modify his motion so as to require the committee to inquire into the constitutionality of the bill.
Mr. JOHNSON. I have no objection to the reference of the bill in that way.
Mr. CONNER. Another thing; I see that the bill contains an emergency clause likewise; it seems to be the fashion to add that clause to almost every bill. There has been a resolution passed requiring the Committee on the Judiciary to report a bill providing in all cases where an emergency clause is enacted, that the bill be published by one newspaper in each County of the State: and I insist that in the case of all bills containing an emergency clause that should be done. If an act should take effect immediately upon its passage, the people should know it, and there is no more speedy method than by publishing the law in a newspaper of their own County. If that law be passed, Senators ought to consider the expense attached to these bills. Again, no important election will take place until this law will go into effect and be published according to the usual method of publishing laws; I therefore move to further instruct the committee to strike out the emergency clause.
Mr. JOHNSON. I withdraw my motion.
Mr. BOBBS. I believe the bill just before this, sir, having reference to elections, was referred to the Committee on Elections. I think the Judiciary is the right committee, and I think they both ought to go to the same committee.
Mr. MURRAY. The other bill only had reference to that section of the law which authorizes the Judges of elections to count votes.
Mr. GOODING. All questions involving constitutional construction, it would be propert to refer to the Judiciary Committee.
The motion to refer the bill to the Judiciary Committee was agreed to.
The motion to instruct the committee to strike out the emergency clause was also agreed to.
ELECTION OF TOWNSHIP OFFICERS.
Mr. Hill's bill (No. 18) having reference to the election of township officers, was read through the second time by the Secretary.
Mr. HILL. I move its reference to the Committee on County and Township Business.
The motion was agreed to.
REAPPRAISEMENT OF REAL ESTATE.
Mr. CARNAHAN. I ask leave to make a report from the select, committee to which was referred the bills Nos. 1, 3 and 22, on the subject of the reappraisement of real estate.
The report recommended the laying on the table of Nos. I and 22, and making numerous amendments to the bill No. 3; and after these amendments had been made, recommended its passage.
Nos. 1 and 22 were accordingly laid upon the table, and the report was considered and discussed as if in committee of the whole, until -
The Senate took a recess till two o'clock.
AFTERNOON SESSION.
The Senate resumed the consideration of the bill No. 3, having reference to the reappraisement of real estate; and after the adoption of numerous amendments, the bill, as amended, was ordered to be engrossed for a third reading.
page: 64[View Page 64]TRANSFER OF STATE BONDS.
Mr. HEFFREN. I ask that the rules be suspended to allow me to introduce a bill with regard to the issue and transfer of bonds.
The rules were suspended, and -
Mr. HEFFREN introduced a bill (No. 53) to provide for the transfering of bonds ot the State of Indiana, providing for a registry of the same, and to prevent a fraudulent issue thereof, and providing punishment for the same; which was read through by the Secretary, and passed the first reading.
Mr. HEFFREN. I now ask that the rules be suspended, and that this bill be read a second time by its title, so that it may be referred to a committee.
The yeas and nays, under the constitutional provision, were ordered on this motion, and being taken, resulted - yeas 42, nays 0.
So two-thirds voting in the affirmative, the rules were suspended, and the bill was read a second time by its title.
Mr. HEFFREN. Mr. President, I move its reference to the Committee on Finance.
The motion was agreed to.
TITLE OF THE LAW REFORM ACT.
Mr. MURRAY, by unanimous consent, introduced a bill (No. 54) to amend the title of an act entitled An Act to revise, simplify and abridge the rules, practice, pleadings and forms in civil cases in the Courts of the State, to abolish distinct forms of action at law, and to provide for the administration of justice in a uniform mode of pleading and practice, without distinction between law and equity, approved June 18, 1852, which was read through by the Secretary, and passed to the second reading.
SAFE KEEPING OF PUBLIC MONIES.
Mr. TARKINGTON, by unanimous consent, introduced a bill (No. 55) entitled An Act to provide for the safe koeping of public money, bonds, and other securities entrusted to the care of officers herein mentioned, which was read through by the Secretary, and passed to the second reading.
Mr. ANTHONY offered a bill.
Mr. BENNETT. I think Senators are taking advantage of the courtesy extended to the Senator from Washington, [Mr. Heffren.] We ought to proceed with the taking up of bills on their second reading.
BILLS ON THE SECOND READING.
Mr. Beeson's bill (No. 19) to amend an act authorizing the construction of levees and drains, was read through a second time.
Mr. BEESON. I move that this bill be referred to a select committee of five.
The motion was agreed to, and the President appointed Senators Beeson, Bennett, Carnahan, Culver and O'Brien said committee.
Mr. Shoemaker's bill (No. 20) authorizing the incorporation of associations formed for building towns within this State, was read through the second time by the Secretary.
Mr. SHOEMAKER moved its reference to the Committee on Corporations, and it was so referred.
Mr. Hamilton's bill (No, 21) to amend an act concerning real property and the alienation thereof, was read through the second time by the Secretary.
Mr. STUDABAKER said he was requested by the Senator from Allen (Mr. Hamilton) to move its reference to the Judiciary Committee; and it was so referred.
Mr. Heffren's bill (No. 24) authorizing the empanneling of petit jurors in the Court of Common Pleas, was read through a second time by the Secretary.
Mr. HEFFREN moved its reference to the Committee on the Organization of Courts; and it was so referred.
Mr. Bobb's bill (No. 25) providing for the redemption and purchase of bank bonds and Indiana and other State stocks, was read through the second time by the Secretary.
Mr. BOBBS moved its reference to a select Committee of five, and it was so referred.
The PRESIDENT appointed Senators Bobbs, March, Steele, Heffren and Carnahan said Committee.
Mr. Wagner's bill (No. 26) supplementary to an act to provide for a general system of common schools.
Mr. LINE. I move its reference to the Committee on Education.
Mr. HEFFREN. As the Senator who introduced it is not here, I move it lay upon the table.
Mr. ANTHONY. The Senator from Warren (Mr. Wagner) asked me to move that reference for him.
Mr. HEFFREN withdrew his motion, and the bill was referred to the Committee on Education.
Mr. Rice's bill (No. 27) regulating the jurisdiction and duties of Justices of the Peace, was read through the second time by the Secretary.
Mr. GOODING moved its reference to the Judiciary Committee, and it was so referred.
Mr. Hargrove's bill (No. 28) for the election of United States Senators, was read through the second time by the Secretary.
Mr. MARSH offered an entire new bill as an amendment.
The bill and amendment was referred to the Committee on Federal Relations.
Mr.Conner's bill (No. 30) to amend an act to simplify and abridge the rules, practice, pleadings and forms in courts of this State, was read through by the Secretary.
Mr. Conner moved its reference to the Committee on Canals and Internal Improvements, and it was so referred.
Mr. Gooding's bill (No.29) to extend to borrowers of the Sinking and other funds, time for payment of their loans, was read through by the Secretary, and passed the second reading.
Mr. Jones' bill (No. 31) fixing the time of holding the Courts of Common Pleas in Bartholomew county, was read through by the Secretary, and passed the second reading.
Mr. Wagner's bill (No. 32) to amend an act providing for the election and qualifications of Justices of the Peace, their duties, &c., was read through a second time by the Secretary.
Mr. CONNER moved its reference to the Judiciary Committee, and it was so referred.
Mr. Shoemaker's bill (No. 34) prescribing the
