IN SENATE.
WEDNESDAY, December 8, 1858.The Journal of yesterday was read.
AGRICULTURAL SOCIETIES.
Mr. LOMAX, from the Committee on Agriculture, to whom was referred the bill (S.60) to amend an act to authorize agricultural societies to purchase and hold real estate, reported the same back and recommended its passage.
The report was concurred in by consent; the bill was read a second time by its title; passed to the third reading.
PROTECTION AGAINST HUNTERS.
Mr. BEESON, from the Committee on Agriculture, made the following report:
Mr.President. The Committee on Agriculture, to whom was referred the following resolution:
"Resolved. That the Committee on Agriculture be instructed to inqure into the expediency of enacting some law for the better protection of fencing and timber against hunting parties, and report by bill or otherwise." Have had the same under consideration, and have directed me to report the same back without any legislation on the subject. The Committee believing that the Statutory provision for trespass and damage will afford as full protection as can be given by any other law on the subject.
The report was concurred in by consent.
MESSAGES FROM THE HOUSE.
A message from the House of Representatives was received, informing the Senate that the House had adopted a resolution agreeing to adjourn on Monday next, provided the business which has been recommended by the Governor shall be acted upon and disposed of. [Laughter.] Also, informing the Senate of the passage by that body of an act to amend section 18 of an act, entitled An act prescribing the powers and duties of Justices of the Peace in State prosecutions, approved May 29, 1852, and asking the concurrence of the Senate therein.
LEGISLATIVE SENTINEL.
Mr. MURRAY offered the following resolution:
Resolved. That the resolution of the Senate adopted on Monday, the 29th alt., providing for taking two hundred copies of the Legislative Sentinel, be and is hereby rescinded.
Messrs. Murray, Heffren, Hendry, Gooding, Green, Anthony, Bennett, Weir, Hamilton, Steele, Studabaker, Wagner, March, Cobb, Conner, Tarkington, Slack, Bobbs, Cravens and Rice, were severally heard on the resolution.
Mr. MURRAY introduced the resolution under consideration with the impression that the Legislative Sentinel would print one sided reports of the proceedings of this body; but as many gentlemen were of the opinion that he was too hasty in his conclusions in obedience to the request of several Senators, and in order that we page: 100[View Page 100]may have further light upon this subject, he would now move to postpone the consideration of this resolution till one week from to day at two o'clock.
Mr. SLACK moved to lay the resolution on the table.
The motion was rejected.
And then Mr. Murray's motion was agreed to.
FELONS.
Mr. SLACK offered the following resolution, which was adopted by consent.
Resolved, That the Committee on the Judiciary inquire what legislation is necessary, if any, to perfect the law in reference to the conviction of felons, where more than one conviction has been had against the same individual at one term of Court, and report by bill or otherwise.
PRINTING OF BILLS.
Mr. ODELL offered the following resolution:
Resolved, That all engrossed bills, before they are put upon their final passage, shall be first printed, and two copies thereof placed upon the desk of each Senator. The resolution was rejected.
ABOLISHING COMMON PLEAS.
Mr. CONLEY offered the following resolution, which he subsequently withdrew:
Resolved, That the committee on the organization of Courts be requited to inquire into the expediency of abolishing the Common Pleas Courts, and establishing a Surrogate system for the settlement of the estates of decedents; and that said committee be requested to report a bill to that effect as soon as is convenient for them to do so.
GRIST MILL TOLL.
Mr. STUDABAKER offered the following resolution, which was adopted by consent:
Resolved. That the Committee on Rights and Privileges of the inhabitants of the State be instructed to inquire into the expediency of fixing by law the amount of toll steam grist mills may be allowed to demand and receive for grinding grain.
TAXES OMITTED BY THE ASSESSOR.
Mr.JOHNSTON offered the following resolution, which was adopted by consent:
Resolved, That the Committee on Finance be instructed to inquire if there be any law now in force anthorizing the treasurers of the several counties of this State to assess, for taxation, the property of persons who had been omitted in the assessors lists, and report by bill or otherwise.
SMALL BILLS.
Mr. CONLEY offered the following resolution, which he subsequently withdrew:
Resolved, That the Committee on Banks be requested to inquire into the expediency of amending the banking law in this State, so as to prohibit the circulation of notes of the banks of other States of a less denomination than five dollars, and that said committee be requested to report a bill to that effect, if deemed expedient.
BUSINESS OF THE REGULAR SESSION.
Mr. LINE offered the following.
Resolved, That when the present special session of this Senate shall adjourn, it will adjourn to meet on the day provided in the Constitution of the State, and that when this Senate shall be so assembled, it will take up the business in the order in which it was when the special session adjourned, and that they will continue the organization which was made at the commencement of the Special Session.
Mr. GOODING moved its reference to the Judiciary Committee, and it was so referred by consent.
RAILROAD TAXATION.
Mr. MILLER asked and obtained leave to take from the table his bill (S. No. 5) for the taxing of railroads. He hoped some gentleman voted with the majority upon the engrossment would move a reconsideration of that vote.
Mr. MURRAY said he would move a reconsideration to accommodate the gentleman.
The motion was agreed to by consent.Mr. MILLER moved that the bill be recommitted to the Judiciary Committee, and it was so ordered by consent.
ROAD TAX.
Mr. JOHNSTON offered the following resolution, which was adopted by consent.
Resolved, That the Committee on the Judiciary be instructed to inquire into the constiutionality of the present law levying a road tax, and report to the Senate the result of such inquiry.
AGRICULTURAL REPORTS TO TOWNSHIP LIBRARIES.
Mr. KINLEY offered the following resolution, which was adopted by consent:
Resolved, That the Committee on Agriculture be instructed to report a hill providing for placing one copy of the Reports of the Indiana State Board of Agriculture, in each of the township libraries.
MISDEMEANORS
Mr. SLACK introduced a bill (No. 84) to repeal section 51 of an act defining misdemeanors, approved June 14, 1852, which was read through, and passed the first reading.
And then the Senate took a recess till two o'clock.
AFTERNOON SESSION.
Mr. HEFFREN obtained leave to report from the Committee on Banks Mr. Tarkington's bill (S. No. 12) to prohibit unsafe paper currency, recommending that it be laid on the table, and in its stead reported an entite new bill (S. No. 85) upon the same subject.
Mr. ANTHONY moved that the report be laid upon the table.
The motion was agreed to.
FOUR YEAR'S TAXATON.
Mr. BEESON obtained leave to report from the Committee on Agriculture Mr. Shoemaker's bill (S. No. 34) "to prescribe the duties of Assessors, so as to provide for making their list of farm products, domestic animals and other property, every four years; and in regard to the duties of County Auditors, and Auditor of State in connection therewith; and to repeal all laws conflicting therewith;" recommending its passage.
The report was concurred in, and the bill was read by its title the second time.
Mr. MURRAY moved that the bill be considered as engrossed, and read the third time now.
The motion was agreed to and the bill read through the third time.
In compliance with a constitutional provision, the yeas and nays were demanded, and being ordered and taken, resulted - yeas 47, nays 2.
DIVORCES.
Mr. MARCH asked and obtained leave to report from a select committee, Mr. Wallace's bill (S. 4) and Mr. Conner's bill (S. 39) which are amendatory of certain sections of an act regulating the granting of divorces, recommending the passage of Mr. Wallace's bill (S. 4,) with an page: 101[View Page 101] amendment taken from Mr. Conner's bill (S.39;) ft d upon the adoption of the second amendment that Mr. Conner's bill (S. 39) be laid upon the table.
MESSAGE FROM THE HOUSE.
A message was received from the House of represervatives, informing the Senate that the House have passed a bill to secure process in actions against corporations which have no offiices doing business in towns in which they are located, and asking the concurrence of the Senate therein.
DIVORCES.
Mr. MARCH explained his report.
Mr. STUDABAKER, moved to concur in the report, by inserting in the proper place, the words: "Abandonment for one year by either party."
Mr' GOODING moved a division of the question.
The motion was agreed to, and the question being upon the amendment, it was adopted, and then the report as amended was concurred in.
Mr. WEIR moved to recommit to the Judiciary Committee, with the following instructions:
Inqurie into the constitutional power, and require one years resilence to authorize persons to sue in this particular class of cases.
The motion was rejected.
Mr. MURRAY moved that the bill be considered as engrossed and read the third time now.
The motion was agreed to, and the bill was read through the third time.
A constitutional provision demanding the yeas and nays, they were ordered, and being taken, resulted - yeas 47, nays 2.
So the bill passed.
The title of the bill was then read and adopted.
PAPER CURRENCY.
Mr HEFFREN moved that the report from the Bank Committee submitted this day, be taken from the table.
The motion was agreed to.
The report was read through, and the bill (S. 85) substituted; the question being upon concurring in the report -
Mr. GREEN proposed to amend the bill by striking out the emergency clause.
After debate by Messrs. Gooding, Hamilton, Steele, Murray and March, the amendment was rejected and the report was concurred in.
REDEMPTION OF STATE BONDS.
Mr. BOBBS asked, and obtained unanimous consent, to take from the table his bill (No 25,) having reference to the redemption and purchase of bonds. State and other stocks, and on his motion it was referred to the Committee on Education.
ELECTION OF UNITED STATES SENATORS.
Mr. CRAVENS moved that the order by which leave was granted the Committee of the Whole to sit again on Mr, Hargrove's bill (No. 8) for the election of United States Senators, be reconsidered.
The motion was agreed to.
Mr. CRAVENS moved that the bill be taken from the table.
The motion was agreed to.
The question being upon Mr. Hargrove's motion to strike out the emergency clause - a motion was made to lay that motion upon the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 23.
So the motion lays upon the table.
Mr. TARKINGTON moved that the further consideration of the subject be postponed until tomorrow at two o'clock, in committee of the whole.
The motion was lost - yeas 25, nays 26.
A motion to adjourn was lost by yeas 21, nays 28.
Mr. CRAVENS moved the previous question on concurring in the report of the committee.
There being a second, the main question, viz: Shall the Senate concur? was decided by yeas 26, nays 23.
So the report was concurred in
The bill was then read by its title, and passed the second reading.
Mr. HEFFREN moved to amend by striking out all that part of the emergency clause which declares a vacancy now exists in the office of United States Senator, from Indiana.
Mr. GOODING moved to amend the amendment by striking out all that relates to the election of Bright and Fitch; and an existing vacancy.
Mr HEFFREN accepted the amendment.
Mr. BENNETT moved that the amendment lie on the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 23.
So the motion was laid on the table.
Mr. CRAVENS moved that the rules be suspended, and the bill considered as engrossed, and read the third time now
Mr. WILLIAMS moved to amend, by adding at the proper place, "that after ten votes betaken by seperate Houses, the Senate will then go into the House of Representatives for the purpose of joint viva voce vote."
Mr. BLAIR moved that the motion lay upon the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 23.
So the amendment was laid on the table.
A motion to adjourn was lost by yeas 19, nays 30.
The question being shall the bill be considered as engrossed and read the third time now?
Mr. WAGNER demanded the previous question, and under its operation, Mr. Cravens' motion was agreed to, by yeas 26, nays 23.
Mr. CRAVENS said, if gentlemen desire to discuss this bill he would yield for a motion to adjourn to seven o'clock to-night.
He moved the previous question, but there was not a second.
Mr. STUDABAKER moved to recommit with instructions that the committee inquire into the constitutionality of that section, which makes it a criminal offence if certain officers don't perform certain duties.
Mr. BENNETT moved to lay the motion on the table.
Which was agreed to.
page: 102[View Page 102]The yeas and nays were demanded upon the passing of the bill, and being ordered and taken resulted - yeas 26, nays 20 - Messrs. Fisk, Gooding and Wilson refusing to vote, as follows:
YEAS - Messrs. Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Conner. Cooper, Cravens, Craven. Culver, Green, Hendry, Hill, Jones. Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner Wagner and Weir - 26.
NAYS - Messrs. Carnahan, Cobb, Conley, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington and Williams - 20.
So the bill passed.
The title was then read, when
Mr. CRAVENS moved an amendment to the title, but immediately withdrew it.
Mr. HEFFREN moved to amend the title as follows:
"An act to provide for the selection of two persons to make a pilgrimage to the City of Washington for the purpose of showing the folly of the Legislature of the State of Indiana, and exhibiting their own ignorance of law; with the further hope that they can get mileage and per diem therefore."
Mr. MURRAY moved to lay amendment on the table,
Mr. KINLEY moved to amend the amendment bv inserting in the proper place ''the Legislature of 1857."
This motion was rejected.
The yeas and nays were demanded on the motion to lay Mr. Heffren's amendment on the table, and being ordered and taken, resulted - yeas 32, nays 12.
So the amendment was laid on the table.
The title of the bill was read and adopted.
And then the Senate adjourned.
