IN SENATE.
MONDAY, December 6, 1858.The Journal of Saturday was read.
TAXING RAILROADS
Mr. HENDRY, from the Judiciary Committee, reported back Mr. Miller's bill (S. 5) for the collection of taxes from railroad and other incorporated companies, and recommend the striking out after the enacting clause in the 1st section and inserting in lieu thereof the 32d section of an act providing for the assessment and valuation of property, approved June 21, 1852; and an amendment to the effect that ii shall be the duty of the officers of any incorporated railroad company in this State to furnish to the Auditor of the county in which their principal office is located, an aggregate amount of their lands, rolling ani other stock aa divided in equal proportions to page: 90[View Page 90] each county upon the line of the improvement owned by said company.
The report was concurred in by consent; the bill was read by its title, passed the second reading and ordered to be engrossed.
ELECTION OF UNITED STATES SENATORS.
A report from the Judiciary Committee returned Mr. Odell's bill (S. 65) prescribing a mode for the election of United States Senators. They recommend its indefinite postponement.
Mr. ODELL said this bill provides for the election of the United States Senators by joint ballot, and in order to test the sense ot the Senate on this point I would like to take the vote upon concurrence in this report by yeas and nays.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 14, as follows:
YEAS. - Messrs. Anthony, Beesson, Bennett, Blair, Bobbs, Brown, Cobb, Conner, Copper, Cravens, Craven, Culver, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, and Wagner. - 20.
NAYS. - Messrs. Carnahan, Hargrove, Jennings, Johnston, Lomax, McClure, McLean, O'Brien. Odell, Shoemaker, Slack, Studabaker, Williams and Wilson - 14.
Mr. JONES, when his name was called, said he would vote in favor of concurring in the report in order to facilitate business.
Mr. LINE, when his name was called, said: Mr. President, I refuse to vote, sir.
Mr. MILLER, when his name was called, said that he was not in when the report was read, and consequently would not vote.
Mr. WEIR, said that he was paired off with the Senator from Allen (Mr. Hamilton) and asked to be excused.So the report of the committee was concurred in.
Mr. CRAVENS said that he had paired off, with the Senator from Washington, (Mr. Heffren,) on political questions, aad asked and obtained leave to withdraw his vote from the record.
ARGUMENT IN CRIMINAL CASES.
Mr. CONNER, from the Judiciary Committee reported that they had under consideration Mr. Murray's bill, (S. 56) to amend section 10.3 of the Law Reform Act, approved June 18, 1852, and that they recommend it be indefinitely postponed.
Mr. CONNER said this bill provides that the Prosecuting Attorney shall open and close all arguments in criminal cases, and that the majority of the committee were opposed to it. They contended that the criminal should have the benefit of opening and closing,and of all doubts.
Mr. MURRAY moved that the report lay on the tablet but withdrew his motion for
Mr. MARCH, who said he did not conceive any change was necessary in the present law, or that it was demanded by the people, or for the administration of justice. I now renew the motion to lay upon the table.
The motion was agreed to by consent.
EMBEZZLEMENT.
Mr. RICE, from the Judiciary Committee, reported back Mr. Bennett's bill, (S. 63) defining Embezzlement, and recommended that it be indefinitely postponed.
The report was concurred in.
LICENSING PILOTS.
Mr. MARCH, from the Judiciary Committee reported back Mr. Amhony's bill (S 59) amend the third section of an act regulating the licensing of pilots at the Falls of the Ohio, and recommended its passage.
The report was concurred in by consent; the bill was read by its title, passed the second reading, and ordered to be engrossed.
JURISDICTION OF JUSTICES OF THE PEACE.
Mr. MARCH, from the Judiciary Committee reported that they had had under consideration the resolution of the Senate requiring them to "inquire into the expediency of so amending the Justices Act, as to make the jurisdiction of magistrates, in civil cases, co-extensive with their counties respectively, instead of townships, as the law now exists;" and that they were or opinion any change in the existing law would be inexpedient.
The report was concurred in.
COURTS OF CONCILIATION.
Mr. MARCH from the Judiciary Committee, reported back Mr. Bennett's bill,(S. 61) repealing section 10 of chapter 2 of an act prescribing rules for Courts of Conciliation, approved June 11, 1852, and recommended its indefinite postponement.
Mr. BENNETT said he was not present at the time the bill was before the committee, and did not like to have it disposed of in that manner. He moved that the report lie on the table, but withdrew his motion for
Mr. MARCH, who explained that there was a great deal of business before the committee, and they desired to get through with it; that a majority of the members present were in favor of postponing it, and he had so reported. He renewed the motion to lay on the table.
The motion was agreed to by consent.
LIABILITY OF BOATS.
Mr. STEELE, from the Committee on Canals and Internal Improvements, reported back Mr. Conner's bill (S. 30) to amend the 655th section of an act to revise, simplify and abridge rules, &c., in civil cases, approved June 18, 1852, and recommended its passage.
Messrs. Conner, Slack, Wagner, Anthony, Rice and March, were heard briefly upon its provisions, and then -
Mr. CONNER moved that the bill be recommitted to the Judiciary Committee.
The motion was agreed to by consent.
EMBEZZLEMENT.
Mr. BENNETT said he voted for a concurrence in the report of the committee who returned the bill (S. 63) defining embezzlement, simply upon taking the word of some Senator that there was a law in existence upon that subject, but he had since found out that this was a mistake; therefore he moved a reconsideration of that vote, and that the report lie upon the table.
The motion was agreed to.
Mr. WEIR offered the following resolution:
Resolved, That the Committee on the Judiciary be requested to examine and report to the Senate whetherthere is any law now in force in the State providing for the punishment of the crime of embezzlement, and that
page: 91[View Page 91]they be instructed to report a bill providing for the punishment thereof in the absence of any law now in force.
The resolution was rejected.
FREE BANKS.
Mr. HENDRY offered the following resolution, which was adopted:
Resolved, That the Auditor of State be requested to report to the Senate whether further legislation is necessary to compel the Free Banks to reimburse to the State the monies expended in the General Banking Law of 1855: and whether anything has been changed or collected against said Banks for 1858, as provided for in the 14th section of the Act of 1835 to amend an act to authorize the business of banking.
PAYMENT OF COSTS
Mr. CONNER offered the following resolution:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for the payment of cost to Justices of the Peace and Constables, in criminal cases, and witness fees to witnesses in criminal cases before Justices of the Peace, and in the Circuit Court and Court of Common Pleas in all cases not provided for by law, and that said committee report by bill or other wise.
The resolution was adopted.
PRINTING OF DOCUMENTS.
Mr. WEIR offered a resolution declaring it a useless expenditure to print, in the manner that has heretofore been practiced, the Governor's Message, officers' of State reports, and reports from State Institutions, and that the Committee on Printing report a law to do away with the same.
Mr. MURRAY objected to the resolution, whereupon -
Mr. WEIR withdrew it.
TO PREVENT DISTURBANCES.
Mr. WAGNER introduced a bill, (No. 74) entitled An Act for the better protection of religious meetings, agricultural fairs, and other lawful assemblages of the people; which was read through the first time and passed to the second reading.
MISDEMEANORS.
Mr. HARGROVE introduced a bill, (No. 75) entitled An Act to amend section 63 of an set defining misdemeanors, and providing punishment therefor, approved June 14, 1852, which was read through the first time and passed to the second reading.
CLERKS OF COURTS, &C.
Mr. COOPER introduced a bill, (No. 76) prohibiting the clerks of Circuit and Common Pleas Courts and their deputies, from practicing as attorneys at law; and prohibiting county treasurers from practicing in the Supreme Court; which was read through the first time and passed to the second reading.
SINKING FUND BOARD.
Mr. BOBBS introduced a bill, (No. 77) entitled An Act to create a Superintendent and four Commissioners of the Sinking Fund,and defining their duties in connection therewith, which was read through the first time and passed to the second reading.
ELECTION OF UNITED STATES SENATORS.
The Senate proceeded to the consideration ofthe order of the day - being the bill (No. 28) to provide for the election of United States Senators; the question being on the motion (Mr. Biairs') to lay on the table the motion (Mr. Williams') to recommit the bill with instructions to strike out the words "separate Houses," and insert the words, "joint convention of the two Houses."
Mr. BLAIR withdrew his motion for -
Mr. ODELL, who moved to postpone the further consideration of the subject till 2 o'clock tomorrow.
The motion was agreed to by consent.
BILLS ON THE SECOND READING.
Mr. Stevens' bill, (S. 66) requiring parties to civil suits to advance lees to Sheriffs, was read through the second time.
Mr. GOODING moved its reference to the Judiciary Committee, and it was so referred.
Mr. Turner's bill, (S. 68) to amend sections 20, 28, 32 and 51 of the Swamp Land Act, was read through the second time.
Mr. TURNER moved its reference to the Swamp Land Committee, and it was so referred.
Mr. Heffren's bill, (S. 69) to prevent the circulation of foreign bank bills or notes of a less denomination than five dollars, was read through the second time.
Mr. WEIR moved its reference to the Committee on Banks, arid it was so referred.
Mr. Hill's bill, (S. 70) supplementary to the Game Law Act, approved February 26,1857, was read through the second time.
Mr. HILL moved its reference to the Committee on Agriculture, and it was so referred.
Mr. Rice's bill, (S. 71) to amend an act providing tor the assessment of real and peisonal property, approved June 21, 1852, so as to exempt certain property therein named from taxation, was read through the second time.
Mr. RICK moved its reference to the Committee on Education, and it was so referred.
Mr. Culver's bill, (S. 72) to amend section 1 and repeal section 7 of an act concerning interest on money, was read through the second time, and referred to the Committee on Finance.
Mr. Bennett's bill, (S. 73) to amend the 57th section of an act defining felony, was read through the second time.
Mr. BENNETT moved its reference to the Judiciary Committee, and it was so referred.
DEFECTS IN DEEDS.
Mr. Green's bill, (No. 6) to cure defects in the execution of deeds, and to do away with the ink scroll, was read through the third time.
Mr. GREEN explained the merits of his bill.
Mr. GOODING was opposed to doing away with the ink scroll.
Mr. SLACK was in favor of the passage of the bill.
In compliance with the constitutional provision, the yeas and nays were ordered, and being taken, resulted - yeas 38, nays 5 - as follows:
YEAS - Messrs. Anthony, Beeson, Bennett. Blair, Bobbs, Brown, Carnahan, Conner, Cooper, Cravens, Craven, Culver, Green, Hargrove, Hendry, Hill, Jennings, Johnston, Kinley, Lomax, McClure, McLean, March, Miller, Murray, O'Brien, Odell, Rice, Robinson, Shoemaker, Slack, Steele, Stevens. Studabaker, Thompson, Turner, Wagner and Williams - 38.
NAYS - Messrs. Cobb, Gooding, Line, Weir and Wilson - 5.
page: 92[View Page 92]So the bill passed.
The title was read and adopted, as heretofore recited.
And then the Senate adjourned.
