HOUSE OF REPRESENTATIVES.
WEDNESDAY, December 1, 1858.The journal of yesterday was read and corrected.
Mr. DOBBINS, Mr. MERRIFIELD and Mr. NEWTON asked and obtained leave to have their names recorded in the affirmative on the vote of yesterday, respecting the resolution of Mr. Turpie, with regard to United States Senators.
Mr. STANFIELD and Mr. COTTON obtained leave to be recorded against the same resolution.
INDIANAPOLIS BRANCH BANK.
The SPEAKER laid before the House a report of the Cashier thereof, showing the condition of the Branch of the Bank of the State of Indiana at Indianapolis.
On motion by Mr. HUNTER, these reports were referred to the Committee on Banks.
COMMITTEE ON THE AFFAIRS OF THE PENITENTIARY.
The SPEAKER announced the appointment of Messrs. Dunham and Sherman as additional members of this committee under the resolution adopted yesterday.
LANDLORD'S LEIN.
Mr. EDWARDS presented the petition of sundry citizens of Vigo county, asking for a Landlord's Lein Law, similar to that previous to the act of 1852, which was read and referred to the Committee on the Judiciary.
COUNTY LIBRARIES.
Mr. KEMPF submitted the following:
Resolved, That the Committee on Education examine into the propriety of adding a number of German works to every County Library, where the German population thereof will justify so doing.
This resolution was adopted.
Mr. JOHNSON submitted the following, which was adopted:
page: 66[View Page 66]Resolved, That the Auditor of State be requested to make out and report to this House, a copy of the items paid for free banking, for the years 1856, 1857 and 1858.
PROBATE BUSINESS.
Mr. MURRAY submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expedience of so amending the law organizing the Court of Common Pleas in this State, as to set apart a certain term thereof for making up issues and doing Probate business, so as to avoid the expense of attendance of jurors and witnesses while such business is transacting.
Mr. BOYD submitted the following, which was adopted:
Resolved, That the Committee on Education be instructed to take into consideration the propriety of so amending section one of article eight of the Constitution of the State of Indiana, as to place it in the power of future Legislatures to comply with the same.
COMMON PLEAS DISTRICTS.
Mr. HAMILTON submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of enlarging the districts or circuits of the Courts of Common Pleas, so as to provide for a more eeonomical or cheap mode of doing business in these Courts, and a reduction of the number o the Judges thereof.
SCHOOL FUND.
Mr. BROTHERTON submitted the following, which was adopted:
Resolved, That the Committee on Education be requested to ascertain what amount has been paid to each county in the State as its distribution share of the Common School Fund for 1858, and whether each county has received its full share, and report the same to this House aa soon as possible.
ACCOUNTS OF THE STATE PRINTER.
Mr. MILLER submitted the following:
Resolved, That the special committee to investigate the accounts of the State Printer have the privilege of a clerk.
Mr. HUNTER. The Committee on Ways and Means have a clerk, and I thought it had been arranged that he should serve this special committee also.
Mr. MILLER. I am satisfied that it will require the service of a good clerk for three or four weeks.
The resolution was rejected.
Mr. RITTER. Will this action exclude the clerk of the Committee on Ways and Means?
The SPEAKER. I presume not.
Mr. MILLER. I shall be constrained to resign my place on that special committee unless we can have a clerk. We want a practical printer clerk, with brass in his face. We might as well dry lap the inquiry at once, if we are not to have this clerk. The committee desire to investigate this matter thoroughly, expecting to bring to light some $20,000 now in the pockets of individuals without authority of law. I hope some gentleman will move a reconsideration.
On motion by Mr. PARRETT, the vote was reconsidered, and the question recurred on the adoption of the resolution.
Mr. MURRAY. The appointment of this committee was for the sole purpose of investigating the accounts of the State Printer; and I state here, from my knowledge of the printing business, that that committee can not go through their investigations without a practical printer for a clerk. All the matter printed by this officer will have to be re measured; and the manner of making up forms will have to be investigated to see whether overcharging for tokens of press work have not been made; and I undertake to say, that unless they have a practical printer for a clerk, they might as well throw up the business.
Mr. AUSTIN. I move to amend so as to provide that this service shall not extend beyond a just limit of time. Unless this be done, there will be a claim laid in for the entire term of the session.
Mr. COTTON. If the gentleman from Tippecanoe accepts, I will vote for the resolution.
Mr. MILLER accepted:
And so the resolution was adopted.
Mr. PROSSER moved to add Mr. Murray to this special committee.
Mr. MURRAY declined.
The SPEAKER. The Chair would inform the gentleman from Brown, that nearly every member on that committee, except the chairman, is a practical printer.
The motion was withdrawn.
TOWNSHIP CLERKS AND TRUSTEES.
Mr. COTTON submitted the following, which was adopted:
Resolved, That the Committee on County and Township business be instructed to inquire into the expediency of doing away with the offices of township clerks and treasurers, and requiring two of the trustees to perform the duties thereof in connection with their duties as trustees.
M. COLGROVE submitted the following:
Resolved, That the Committee on the organization of Courts be instructed to inquire into the expediency of abolishing the Court of Common Pleas, and providing for a different mode of doing probate business, and revising the Practice Act so as to make the same conform to the proposed changes.
The resolution was adopted.
JEFFERSON'S MANUAL.
Mr. GIFFORD. Mr. Speaker, I offered a resolution yesterday which I think was not understood by the House. I refer to that requiring the Doorkeeper to furnish each member with a copy of Jefferson's Manual. It was not the intention to authorize the purchase of that work: for the fact is, as I am imformed, that there are now in the Library some 200 copies of Jefferson's Manual, purchased for the use of members of the Legislature, and all the resolution contemplated was to have them laid on our tables. I hope now that some gentlemen who voted down the resolution, will move a reconsideration.
Mr. HALL of Rush. I make that motion.
Mr. COLGROVE. I understand the resolution is to purchase these books. If this is the case I am opposed to it. I suppose all members desiring to be posted up in matters of parliamentary law will purchase a Manual for themselves. I have done that. I hope the vote will not be reconsidered.
Mr. HALL, of Rush. My impression was that the books were already procured for the purpose. I beg leave now to withdraw the motion to reconsider.
PROHIBITORY LIQUOR LAW REPEAL.
Mr. DOBBINS introduced a bill (No. 23) to repeal the act entitled An Act to prohibit the manufacture page: 67[View Page 67] and sale of spiritous and intoxicating liquors, except in cases therein named, to repeal all acts in conflict therewith, and suppress intemperance; which was passed the first reading.
NINTH JUDICIAL CIRCUIT.
Mr. MERRIFIELD introduced a bill (No. 24) entitled an act to amend section 2 of the act to fix the time of holding the Circuit Court in the Ninth Judicial Circuit, which was passed the first reading.
ELECTIONS.
Mr. SHOCKLEY introduced a bill (No. 25) to prevent fraudsat elections and prescribing penalties thereforamendatory of the election law, chapter 31 of the Revised Statutes; which was passed the first reading.
PUBLIC NOTICE IN NEWSPAPERS.
Mr. GREGORY introduced a bill (No. 26) to define the duties of Sheriffs, Auditors, Treasurers, Administrators arid other officers and persons, in the matter of giving public notice (in the newspapers,) which was passed the first reading.
Mr. GREGORY also introduced a bill (No. 27) to amend section 2, article 2 of the Constitution of the State of Indiana so as to confine the qualification of electors to free white male citizens of the United States, of the age of twenty-one years and upwards, who shall have resided in the State six months preceding the election, which was passed the first reading.
BUSINESS OF THE SESSION.
The SPEAKER announced the order of the consideration of Mr. Duvall's joint resolution, (H. R. 1) in relation to the subject of legislation at the present session of the General Assembly, which was passed the second reading.
Mr. STANFIELD. Mr. Speaker, I move to refer the resolution to a select committee of five.
Mr. SCOTT. I move indefinite postponement. Monsieur Tonson has come again, and I want to place him under the table.
But the latter resolution was withdrawn, and the resolution was ordered to be referred to a select committee of five.
The SPEAKER, (Mr. Kdwards in the chair,) appointed Messrs. Stanfield, Branham, Gregory, Parrett and Scott.
The SPEAKER, (Mr. Edwards in the chair,) announced the next order to be the consideration of Mr. Griffin's bill (H. R. 6) to amend the 238th section of the Law Reform act, approved June 18th, 1852, which passed the second reading.
On motion by Mr. GRIFFIN, it was referred to the Committee on the Judiciary.
COUNTY RECORDER.
Mr. BOYD'S bill (H. R. 7) to amend the act concerning County Recorders, coming up, it was passed the second reading.
On motion by Mr. NEBEKER, of Warren, it was referred to the Committee on Fees and Salaries.
UNAUTHORIZED PAPER CURRENCY.
Mr. MARTIN'S bill (H. R. 9) to prevent the circulation of unauthorized paper currency,coming up, it was passed the second reading.
Mr. SCOTT moved to refer to the Committee on Banks, but withdrew for
Mr. BAIRD, who proposed to amend the bill by way of substitute, declaring such offence a misdemeanor, and declaring the penalty in each case, and against every member of corporation, &c., of a fine not exceeding $500, nor less than $50, &c.
On motion by Mr. SCOTT, the bill and proposed amendment were referred to the Committee on Banks.
ELECTIONS.
Mr. AUSTIN'S bill (H. R. 10) to regulate elections and prevent fraudulent voting, coming up, it was passed the second reading.
On motion by Mr. AUSTIN, it was referred to the committee on the Judiciary.
VALUATION AND ASSESSMENT.
Mr. WATERMAN'S bill (H. R. 13) to amend section 32, chapter 6, volume 1st of the Revised Statutes - valuation and appraisement of real and personal property - coming up, was passed to the second reading.
On motion by Mr. HARVEY, it was referred to the Committee on Corporations.
COUNTIES.
Mr. NEWTON'S bill (H. R. 11) repealingsection two of the act to authorize new counties, &c., coming up, was passed the second reading.
On motion by Mr. NEWTON, it was referred to the Committee on the Judiciary.
CONVENTIONAL INTEREST.
Mr. SHULL'S bill (H. R. 12) to authorize a conventional interest, coming up, it was passed the second reading.
Mr. SHULL made an ineffectual motion to lay it on the table.
On motion by Mr. BOYD, it was referred to the Committee on Rights and Privileges.
COUNTIES.
Mr. FIRESTONE'S bill (H. R. 14) to amend the second section of the act to authorize new counties, &c., was passed the second reading.
Mr. HAMILTON moved to refer it to the Committee on County and Township Business.
Mr. DURHAM made an ineffectual motion to refer it to the Committee on Corporations.
Mr. NEBEKER, of Warren, made an ineffectual motion to refer the bill to the Committee on Rights and Privileges.
Mr. NEWTON made an ineffectual motion to refer it to the Committee on the Judiciary; and then
Mr. HAMILTON'S motion was agreed to, and the bill referred accordingly.
Mr. GRIFFIN'S bill (H. R. 15) to amend the 445th, 453d, 455th sections of the Law Reform Act of 1852, coming up, it was passed the second reading.
On motion by Mr. GRIFFIN, it was referred to the Committee on the Judiciary.
Mr. NELSON'S bill (H. R. 17) for the regulation of township business, &c., coming up, it was passed the second reading.
On motion by Mr. FIRESTONE, it was referred to the Committee on County and Township Business.
The House then took a recess till two o'clock.
page: 68[View Page 68]AFTERNOON SESSION.
The SPEAKER announced the order of the consideration of Mr. Turpie's bill (H. R. 16) to repeal the Game Law, and the same was passed the second reading.
On motion by Mr. EDWARDS, it was referred to a special committee of five.
The SPEAKER appointed Messrs. Edwards, Turpie, Merrifield, Branham and Row.
Mr. STILE'S bill (H.R. 18) to amend section 18 of the act prescribing the powers and duties of Justices of the Peace, coming up, it was passed the second reading.
On motion by Mr. BOWMAN, it was referred to the Committee on the Judiciary.
SERVICE OF PROCESS.
Mr. CLEMENT'S bill (H. R. 19) to secure service of process against corporations, &c., coming up, it was passed the second reading.
Mr. CLEMENTS moved a suspension of the rules to allow the bill to be considered as engrossed and read the third time now.
The SPEAKER (Mr. Edwards in the Chair.) Under the constitutional provision it is required that this question shall be taken by yeas and nays. As many as are in favor of the motion will say "yea" as your names are called, and as many as are opposed to the motion will say "nay" as your names are called. The Clerk will proceed with the call.
The Clerk reported - yeas 63, nays 22 - as follows:
YEAS - Messrs. Baird, Black, Blythe, Brotherton, Carr, Cavins, Claypool, Clayton, Clements, Collier, Dobbins, Dougherty, Duvall, Early, Eastham, Edwards, Firestone, Fordyce, Gifford, Gregory, Hamilton of Boone, Hamilton of Wayne, Hancock, Hartley, Jeffries, Jones, Jordan, Kelly, Kempf, Knowlton, Lawhead, Lewis, McLain, Massey, Merrifield, Miller, Murray, Martin, Nebeker of Warren, Nelson, Newton, Parrett, Power, Prosser, Ritter, Row, Scott, Sherman, Shields, Shockley, Shuil, Smith of Perry, Snyder, Stanley, Stinson, Sullivan, Summers, Thompson of Elkhart, Thompson of Madison, Turpie, Waterman, Wheeler, Whiteman and Wood - 63.
NAYS. - Messrs. Austin, Boxley, Branham, Clark, Comstock,Cotton, Davidson, Davis, Hall of Rush, Hamilton of Wayne, Harrison, Hunter, Johnston, Mansfield, Parks, Robinson, Smith of Miami, Stanfield, Stiles, Treadway, Whetzel and Wildman - 22.
So two-thirds not voting in the affirmative, the rules were not suspended.
On motion by Mr. Speaker GORDON, the bill was referred to the Committee on the Judiciary.
ASSIGNMENTS.
Mr. COLGROVE'S bill (H. R. 8) to provide for a uniform mode of assignments of insolvents, corning up, it was passed the second reading.
On motion by Mr GRIFFIN, it was referred to the Committee on the Judiciary.
CIRCUIT COURT IN SULLIVAN.
Mr. USREY'S bill (H. R. 4) to change Court time in Sullivan county, coming up, passed the second reading.
Mr. SCOTT proposed to amend by adding to the second section a provison, "that no judgment by default shall be rendered at the first February term next hereafter during the first week," which was adopted, and so the bill was ordered to be engrossed.
On motion by Mr. DOBBINS, it was referred to the Committee on Organization of Courts.
Mr. Stanley's bill (H. R. 22) for the appraisement of unsold school land, coming up, it was passed the second reading.
On motion by Mr. PARKS, it was referred to the Committee on Education.
GAME LAW.
Mr Merrifield's bill (H. R. 20) to amend the 4th section of the game law, coming up, it was passed the second reading.
On motion by Mr. TURPIE, it was referred to the Select Committee on that subject.
Mr. COLGROVE moved instruction, "to amend by extending the time of killing quails to the first of February."
Mr. PARKS opposed the instructions.
Mr. DOUGHERTY inquired whether the object of this extension was merely to authorize game-time during the session of the Legislature?
Mr. CAVINS moved to amend the instructions "to repeal the entire game-law."
Mr. SCOTT opposed instructions.
Mr. GRIFFIN. The game in his region was hunted by sportsmen and fed by the farmers. He was opposed to instructions.
Mr. CAVINS demanded the yeas and nays, on his amendment, which, being ordered and taken, resulted - yeas 55, nays 42 - as follows:
YEAS. - Messrs. Black, Bowman, Boyd, Boxley, Carr, Cavins, Clark, demerits, Collier, Dobbins, Puvall, Early' Eastham, Fordyce, Gifford, Griffin, Hall of Rush, Hamilton of Boone, Hancock, Hartley, Hunter, Jones, Jordan, Kelly, Kempf, Lawhead, Lewis, McLain, Major, Massey, Martin, Nelson, Newton, Parks, Parrett, Proper, Ratter, Robinson, Row, Rynearson, Shields, Shockley, Shull, Smith of Perry, Stanley, Stinson, Sullivan, Summers, Thompson of Madison, Turpie, Usrey, Wheeler, Whiteman, Wildman, Wood, and Mr. Speaker - 55
NAYS - Messrs. Austin, Baird, Branham, Brotherton, Claypool, Colgrove, Comstock, Cotton, Davidson, Davis, Dougherty, Durham, Edwards, Firestone, Gregory, Hall of Grant, Hamilton of Wayne, Harrison, Jeffries, Johnston, Keefer, Mansfield, Mellett, Merrifield, Miller, Murray, Nebeker of Vermillion, Nebeker of Warren, Power, Scott, Sherman, Smith of Miami, Snyder, Stanfield, Stiles, Tebbs, Thompson of Elkhart, Treadway, Waterman, and Whetzel - 42.
So the amendment was adopted. But the instructions, as amended, were rejected on a division - affirmative 47, negative 52.
ELECTION OF UNITED STATES SENATORS.
Mr. BRANHAM, (by unanimous consent) introduced a bill (No. 28) to prescribe the time, place and manner of electing United States Senators, which was passed the first reading.
REAPPRAISEMENT OF REAL ESTATE.
On motion by Mr. DOBBINS, his bill (H. R. 3) providing for the appraisement of real estate, was taken up and referred to the Committee on Ways and Means.
The House then adjourned.
