HOUSE OF REPRESENTATIVES.
MONDAY, December 6, 1858.The Journal of Saturday was read.
COMMON SCHOOLS.
The SPEAKER laid before the House the petition of Sanford McGinnis and others, citizens of Rush county, asking for a change in the School law, so as to prohibit all persons over 21 years of age from attending the Common Schools, which was referred to the Committee on Education.
APPRAISEMENT OF REAL ESTATE.
Mr. EDWARDS moved a suspension of the order of business, to enable him to move to take up the bill (S. 3) for the appraisement of real estate, &c., and have the same referred, at the earliest moment, to the Committee on Ways and Means.
The motion was agreed to, and the bill was so referred.
GAME LAW.
Mr. TURPIE presented the petition of 150 citizens of White county, asking for a repeal of the Game law.
On motion by Mr. DOBBINS, it was referred to the select committee on that subject.
GOING TO CHURCE FREE OF TOLL.
Mr. JEFFRIES presented the petition of Amos Thomas, and sundry others, citizens of the State of Indiana, asking for such an amendment of the laws in relation to tolls on all McAdamized, Plank and Graveled reads, as to allow all persons to travel over them free of toll when going to and returning from places of religious worship on the first day of the week, which, on his motion, was referred to a select committee of three; whereupon -
The SPEAKER appointed Messrs. Jeffries, Harrison and Turpie.
PUBLIC NOTICE IN A NEWSPAPER.
Mr. TURPIE submitted the following report:
The Committee on Fees and Salaries, to whom the bill (H. R. 26.) was referred for consideration, have had the same under advisement, and have unanimously instructed me to report the same back, and recommend its indefinite post ponement. The object of the bill is to compel partie who have legal publications to make, to insert them in the newspaper having the largest circulation in the county; and a proceeding is to be instituted before the Board of Commissioners to determine which has the largest circulation. The present law gives a discretion to the officer or person required to give any notice, to select such newspaper as the pleases for that purpose. And your Committee is of the opinion that it is the best way; that the change proposed in the bill would have no good effect which would not be overbalanced by the evils accompanying it. There are many reasons why an officer should be allowed to select his own medium for publication, and not be forced to patronize a press selected for that purpose by the County Board. Besides, the struggle attending the contest for the public printing, would be of a most disagreeable character. The county presses would be in a continual broil and quarrel on the subject. It is true the bill provides that the costs shall be paid by the contesting parties; and as far mere costs were concerned, that provision might answer; but there would be the continual bickerings of the parties, the malevolence of their respective friends; efforts to evade fee lawall expensive in any community, and to beavoided if possible. As to that part of the bill fixing the rates of put lie printing, your Committe already think that matter sufficiently guarded by the free competition prevailing under the present systemthe best of all checks against monopoly or exorbitance.
The report was concurred in.
STATE PRINTER'S OFFICE.
Mr. TURPIE submitted a resolution, (which was adopted) to the following effect:
Resolved, That the select committee on the subject of the Public printing be directed to inquire into the transactions in the office of the Srate Printer during; the terms of the several incumbents of that office since the period of its creation, relative to the rates of charges, and the rules and customs which have prevailed in the business of said office and that they embody the result of the deliberations in any report they may make on the subject.
GRAND JURY SYSTEM.
Mr. MILLER submitted the following, which was rejected:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of abolishing our grand jury system, and report by bill or otherwise.
LICENSE LAW.
Mr. KEMPF submitted the following, which was adopted by consent:
Resolved, That the Committee on Temperance inquire into the propriety of establishing a licence law pertaining to liquors, which shall be no less than $25, nor more than $500, and that the petitioner for such a license shall hand in with the required fee a petition signed by eight or ten of his neighbors, vouching for his moral character, and the orderly conduct of his house. Said committee to report by bill or otherwise.
OWEN'S GEOLOGICAL RECONNOISANCE.
Mr. MASSEY submitted the following, which was adopted, and subsequently considered again and rejected.
Resolved, That there be printed a sufficient number of the reports of a Geological Reconnoisance and Survey of the State of Indiana, made in the years 1837 an 1838. by David Dale Owen, M. D., Geologist of the State, to be distributed as follows: One copy to each officer and member of the General Assembly, ten copies to the State Library, and one copy to each township library in the Stateto be sent with the acts of the present session to the different county seats.
ASSESSMENT LAWS.
Mr. MILLER submitted a resolution, (which was rejected) to the following effect:
Resolved, That the Committee on Ways and Means are hereby directed to inquire into the expediency of so amending our Assessment Laws as to make it necessary only for Auditors of counties to place the amount of State tax levied, in an aggregate column, instead of as at present placing the amounts assessed for the Benevolent Institutions, Sinking Fund, &.c., in seperate columns.
ADJOURNMENT WITHOUT DAY.
Mr. CLEMENTS submitted the following:
Resolved, That this House, with the concurrence of the Senate, will adjourn on Monday, the 13th in t., at 10 'clock A.M.
Mr. EDWARDS proposed to amend by adding:
Provided the law for the appraisement of real estate be first enacted.
Mr. CLEMENTS accepted.
Mr. AUSTIN. I presume there is no gentle man on this floor that can be more ready to adjourn than I shall be, when the business of the session shall have been placed in a position where we can consistently leave it, so that we shall not have to go over the same ground again the present stage ot the business of the session, page: 93[View Page 93]I can not agree to fix the day of adjournment no longer in the future than next Monday.
Mr. COLGROVE moved to lay the resolution on the table.
Mr. DOBBINS and another demanded the yeas and nays, and they were ordered.
Mr. TURPIE. Mr. Speaker, is it in order to amend? There will have to be an Appropriation hill. We have got nothing to go home on. [Laughter.]
The SPEAKER. Not in order.
The yeas and nays being now taken, resulted - yeas 39, nays 52 - as follows:
YEAS - Messrs, Austin, Baird, Black, Boxley, Branham, Brotherton, Colgrove, Collier, Comstock, Cotton, Davidson, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Wayne, Hunter, Jeffries, Johnston, Jones, Mansfield, Mellett, Miller, Nebeker of Vermillion, Nebeker of Warren, Parks, Ritter, Rohinson, Scott, Sherman, Shields, Stanley, Stiles, Stinson, Thompson of Elkhart, Treadway, Whiteman, Wildman, and Mr. Speaker - 39.
NAYS Messrs. Blythe, Bowman, Boyd, Carr, Cavins, Claypool, Clayton, Clements, Davis, Dobbins, Dougherty, Durham, Duvall, Early, Edwards, Firestone, Fordyce, Gifford, Hancook, Harney, Harrison, Hartley, Jordan, Keefer, Kelly, Kempf, Knowlton, Lawead, Lewis, McLain, Major, Massey, Merrifield, Martin, Nelson, Newton, Parrett, Prosser, Rynearson, Shockley, Smith of Perry, Snyder, Stanfield, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Waterman and Wheeler - 52.
So the resolution was not laid on the table.
Mr.BRANHAM proposed further to amend by adding: "And the other business recommended by the Governor shall have been acted upon and disposed of."
Which was adopted.And so the resolution was adopted.
NEW BILLS.
Mr. CARR introduced a bill (No. 44) to repeal the 73d section of an Act entitled an Act to provide for the valuation and assessment of real and personal property; and the collection of taxes in the State of Indiana; for the election of township assessors, and prescribing the duties of assessors and appraisers of real estate; of county treasurer and auditor; and of the Treasurer and Auditor of State, approved, June 21, 1852.
Mr. PROSSER introduced a bill (No. 45) to legalize the locations, vacations and changes of public highways.
Mr. TURPIE introduced a bill (No. 46) to fix the times of holding, and the length of the sessions of the boards of township trustees, in the several counties in this State, and to repeal section 11 of the Act entitled an Act for the more uniform mode of doing township business, approved, May 6, 1852.
Mr. CLEMENTS introduced a bill (No. 47) declaring what shall be a sufficient seal to deeds of conveyance and other written instruments therein named, and to cure the defects in deeds and other written instruments heretofore executed.
Mr. CLEMENTS introduced a bill (No. 48) to repeal section 10 of the act to establish Courts of Conciliation, and to prescribe rules of proceedings therein, and compensation to the Judges thereof, approved, June 11, 1852.
Mr ROBINSON introduced a bill (No. 49) regulating the revision of forfeited recognizances.
Mr. NEBEKER, of Warren, introduced a bill (No. 50) defining the misdemeanor of an assault.
Which bills were severally read through and passed to the second reading.
COMMON PLEAS JURORS.
The SPEAKER announced the order of the consideration of bills on the second reading; and Mr. Prosser's bill (H. R. 35) to amend the act for the selection of petit jurors for the Court of Common Pleas, &c., coming up - it was read the second time.
Mr. PROSSER proposed a substitute, which was adopted.
On motion of Mr. TURPIE, it was then referred to the Committee on the Judiciary.
EXTENSION OF COURT TERM.
Mr. Davis' bill (H. R. 36) to amend the 1st section of the act providing for extending the term of court by adjournment, &c., coming up, it was read the second time.
On motion by Mr. DAVIS, it was referred to the Committee on the Judiciary.
ELECTION OF UNITED STATES SENATORS.
Mr. Harney's bill (H. R. 37) to provide for the manner of election of United States Senators, coming up, it was read the second time.
Mr. DOBBINS made an ineffectual motion to refer the bill to a select committee of three.
Mr. HARNEY gave the reason which had induced the introduction of the bill - namely: to waive the pending political question and quarrel upon this subject. On his motion it was referred to the Committee on the Judiciary.
LEGALIZING ACKNOWLEDGMENTS, &C.
Mr. Blythe's bill (H. R. 38) legalizing the acknowledgments and records of deeds, &c., since the reception of the Revised Statutes of 1852, coming up, it was passed the second reading and ordered to be engrossed.
COLLECTION AGENTS.
The Judiciary Committee's bill (H. R. 39) with reference to judgments and sale on execu tion against Sheriffs and other persons, corporations or their agents, acting in a fiduciary capacity, was passed the second reading and ordered to be engrossed.
NATHAN ROWLEY.
Mr. Blythe's bill (H. R. 40) for the relief of Nathan Rowley, on account of certain legal proceedings in the Vanderburg Circuit Court, in a case wherein the State of Indiana on the relation of Brackett Mills, was comolainant, and the said Nathan Rowley was defendant, coming up -
Mr. NEBEKER, of Warren, made an ineffectual motion to refer it to the Committee on Education.
On motion by Mr. DOBBINS, it was referred to a select committee of three, which the SPEAKER makes to consist of Messrs. Dobbins, Blythe and Stanfield.
FALSE CERTIFICATES, &C.
Mr. Blythe's bill (H. R. 41) to punish the giving of false certificates or the procuring of false appraisements, coming up -
On motion by Mr. DOUGHERTY, it was referred to the Committeon the Sinking Fund.
COMMON PLEAS.
Mr. Hunter's bill (H. R. 42) to establish page: 94[View Page 94] Courts of Common Pleas, defining their jurisdiction and duties and for providing compensation for Judges and Prosecuting Attorneys hereof, and to repeal all acts inconsistent therewith, corning up -
On motion by Mr. PARKS, it was referred to the Committee on the Organization of Courts.
CONVEYANCE OF CHURCH PROPERTY.
Mr. Hunter's bill (H. R. 43) to authorize churches to unite, assume a new name, and appoint trustees to receive and convey land, and to receive donations of personal property, &c., coming upon his motion it was referred to, the select committee on that subject.
The House then adjourned.
