whose authority, attempted to be exercised here, was blank usurpation. It was a judicial decision which had given these Senators their seats - to which point he read Cushings' Legislative Law. The harmony of this Union was worth too much to be frittered away in such a manner.
Mr. DAVIS proposed to recommit the bill, with instructions to strike out the 6th section and insert:
"SECTION 6. That whereas there is no law now in force for the election of United States Senators, it is the opinim of this General Assembly that an emergency exists for the immediate taking effect of this act, therefore the same shall take effect and be in force from and after its passage."
He considered, and submitted to the friends of the proposition, that to put this declaration in here would do no good. He condemned the report by the Republicans of the last Legislature, to the revolutionary proceedings referred to; but no man more richly deserved the consequences of such proceedings than one of these Senators.
Mr. Speaker GORDON interposed We were never asked to go into joint convention. It was done without even a formal request.
Mr. DAVIS. No doubt the gentleman was right but still the duty remained. Why did they fail to propose any law?
Mr. GORDON. The scheme of the members of the Democratic party was consummated before we had an opportunity to do so.
Mr. DAVIS. The gentleman looked upon it as a void proceeding, and the duty of enacting the law yet rested upon him. He replied to the reference which the gentleman from Warrick had made to his position on this question. He alleged that our Senators, by their course on the Kansas question, had enacted a fraud upon the doctrine upon which they held their places. He proceeded at some length to define his position to the question involved, which was sustained by a sense of duty and of right, and to deprecate action here upon a matter which must result in nothing but a waste of the public time. When he had concluded -
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion of Mr. BLYTHE, Mr. Burnham's bill (H. R. 28) was postponed till to-morrow 2 o'clock.
APPRAISEMENT OF REAL ESTATE.
The SPEAKER, announced the special order, viz: Thy consideration of the bill (S. 3) to provide for the appraisement of real estate, and prescribing the duties of officers in relation thereto; the question being: on engrossment -
Mr. STANFIELD proposed to amend the third section by striking out all after the word "lots," in the 4th line, and inserting the following words: "Railroads and their superstructures, plank roads, turnpikes, McAdamized roads, and canals, except the Wabash and Erie Canal, and toll bridges belonging to private individuals and private corporations."
The amendment was adopted.
On motion of Mr. EDWARDS, the House resolved itself into Committee of the Whole - Mr. Edwards in the Chair - and pursued the consideration of the bill by sections.
Mr. KELLY proposed to amend the first section by striking out the fourth line, and inserting: "Shall appoint the necessary number of appraisers, not exceeding ten in number in each county, and shall assign to the several appraisers their several districts."
Mr. RYNERSON proposed to amend the amendment by striking out "some suitable pe son," and inserting, "three suitable persons, one residing in each County Commiosioner's district, in each county, as appraisers."
Mr. CLEMENTS moved to lay the amendment on the table.
The CHAIRMAN. There is no rule, in committee, to lay on the table. The vote must be direct.
Mr. BRANHAM. The bill gives the Commissioners power to appoint deputies, as many as they want.
Mr. RYNERSON'S amendment was rejected.
Mr. DUNHAM proposed "one for each township," which was rejected; and then -
Mr. KELLY S amendment was rejected.
Mr. DOUGHERTY proposed to strike out the words "the County Auditor," and insert "the Board of County Commissioners."
Which was agreed to, and then the resolution was adopted.
The section 2 being read by the Clerk -
Mr. KELLY proposed to amend, by striking out and inserting:
"SECTION 1. At the annual election in October, 1863, and every five years thereafter, three persons shall be elected by the people of each county, one of whom shall reside in each commissioner's district, and shall reside in their respective districts as designated by the commissioners, who shall, after the 1st day of January, thereafter, proceed to discharge his duty as required by law."
The amendment was rejected.
Mr. BLYTHE proposed to strike out "five" and insert "three" (years,) which was rejected.
Section 3 being read by the Clerk -
Mr. JORDAN proposed to insert the words "or elected," after the word "appointed," which was adopted.
Mr. NEBEKER, of Warren, proposed to strike out Mr. Stanfield's amendment to the third section, which was adopted by the House.
Mr. STANFIELD doubted whether the motion was in order, but (the Chair entertaining it) he proceeded to say: This was a bill for the appraisement page: 106[View Page 106] of real property. He desired the law should apply to all real property. The proper policy, he thought, was to tax all corporeal things - not the mere representatives of them. We know that the law of 1852 taxes corporate property, especially railroad property, and we know that not more than one-half of such property is brought out for taxation. This was evident from the Auditor's report. He gave numerous instances in support of this statement.
Messrs. Nebeker, of Warren, Parks, Baird and Harney were in favor of striking out.
The committee refused to strike out.
Mr. Speaker GORDON proposed to insert the words, "or elected," after "appointment" in the third line.
Which was agreed to.Mr. DOBBINS proposed to amend the 4th section, by inserting the words "or elected," alter the word "appointed," (appraiser, &c.)
Which was agreed to.
Mr. SULLIVAN proposed a similar amendment in the fourth line, which was agreed to.
Mr. Speaker GORDON proposed a similar amendment in the second line, which was agreed to.
Mr. Speaker GORDON moved, effectually, to strike out the proviso of the 5th section.
Mr. WATERMAN proposed to strike out and insert appropriately in the 5th section, these words: "the book containg said list shall contain blank columns, in which the appraiser shall set down the valuation put on each tract or parcel of land," which was rejected.
Mr. STANFIELD proposed to amend the 6th section, by inserting after the word "situation, and before the word "provided," in the eleventh line, the following words:
The said appraiser shall also, on actual view, make a true valuation of all lands used or held by railroad companies for road-bed, station-grounds, gravel pits, switches and side tracks, and all railroad tracks, depot buildings and other superstructions thereon, according to the same rule herein provided for ascertaining the value of other real property; and he shall, in the same manner, make a true valuation of all McAdamized roads, plank roads, turnpike roads and canals, other than the Wabash and Erie Canal, and also all toll bridges belonging to private persons or private corporations.
Which was adopted.
Mr. ROBINSON proposed to amend the 9th section, by adding: "Provided that there shall he deducted from the land owned by any person - as shown by the deed or survey, the amount of the same occupied by any railroad, canal, or public highway," which was adopted.
Mr. AUSTIN proposed to amend the 12th section by striking out these words: "with the consent of the owner or occupant thereof, and fully examine," which was rejected.
Mr. DOUGHERTY proposed to amend by striking out fiom the last line of the 12th section the word "taxes," and inserting in lieu thereof the word "appraisements," which was agreed to.
Mr. HUNTER proposed to amend the 15th section by inserting after the word "duties" these words: "such reasonable compensation as the Board of Commissioners shall allow, not exceeding" [$2 per day,] which was rejected.
Mr. MILLER proposed $3 per day, which was rejected.
Mr. COLGROVE proposed to strike out'the 19th section, and insert words to the following effect:
"Every person who shall refuse to furnish a list to the Appraiser, when called upon therefor, shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined in any sum not less than five dollars nor nore than five hundred dollars.
Mr. KNOWLTON proposed to amend the amendment, by inserting after the word "person" the word "company or corporation," which was agreed to:
And then the amendment, as amended, was rejected
Mr. DOUGHERTY proposed to amend this section by striking out "fifty," and inserting "twenty five" [per cent. to the value of all real estate whose owner refused to furnish a list,] which was agreed to.
Mr. STANFIELD proposed to amend the 24th section, by adding a clause repealing sections 33, 34, 35 of an act to provide for the valuation and assessment of real and personal property in the State of Indiana; for the election of tax assessors and appraisers, and prescribing the duties of County Auditors and County Treasurers, and of the Auditor and Treasurer of State, approved June 21, 1852 - sections in conflict with the amendments above recommended by the committee of the whole, in sections 3 and 5.
The amendment was adopted.
Mr. DOUGHERTY. Mr. Chairman, the 1st section provides for the appointment of appraisers, and the 2d section provides for the election of appraisers by the people. But the Board of Commissioners are to appoint the Deputies. I move to reconsider the vote adopting the first section, to enable me to offer an amendment.
The vote was reconsidered.
Mr. DOUGHERTY then proposed to amend the 1st section by striking out the proviso, and inserting these words: "Said appraisers shall have power to appoint deputies, who shall take the same oath required of their principals, to be endorsed on their certificate of appointment."
Mr. Speaker GORDON proposed to amend the amendment by adding after the word "Appraisers" the words, "and such as maybe elected under the provisions of this act," which was adopted.
Mr. KNOWLTON proposed to amend further by adding, "with the approval of the County Commissioners," which was rejected.
After debate by Mr. Scott aud Mr. Murray in opposition to the amendment -
Mr. SNYDER proposed further to amend by adding a proviso, "that the County Commissioners shall name four persons from whom the Appraiser shall select his Deputies if necessary, which was rejected.
Mr. Dougherty's amendment, as amended, was adopted.
Mr. BAIRD proposed [out of order] "that this Legislature shall now appoint the Appraisers."
Mr. MERRIFIELD moved to reconsider the vote adopting the 25th section, so as to enable him to propose an amendment allowing five copies of this act to each Appraiser instead of one copy, which motion was rejected.
page: 107[View Page 107]An then, on motion of Mr. MURRAY, the Committee rose, and the Chairman reported these several amendments to the House, recommending their adoption, and asking that the Committee be discharged from further consideration of the subject.
The report of the Committee of the Whole was concurred in, and the amendments were ordered to be engrossed
.The House then adjourned.
