HOUSE OF REPRESENTATIVES.
THURSDAY, December 9. 1858.The Journal of yesterday was read.
EDWARDS AND FIRESTONE CONTEST.
Mr. MURRAY, from the Committee on Elections, to whom was referred the matter of this contest, reported the following:
Resolved, That the Committee on Elections be empowered to send some person into the counties of Huntington and Whitley, who shall be empowered to have witnesses summoned, to take depositions in the pending case of the contest aforesaid, with power to compel the attendance of witnesses and the production of papers.
The resolution was concurred in.
Mr. BOYD, from the Committee on Education, to whom was recommitted Mr. Stanley's bill (H. R. 22) for the reappraisement of unsold school lands, &c., reported the same back with their substitute, recited yesterday, in the form of an amendment.
The report was concurred in and the bill was ordered to be engrossed for the third reading.
UNAUTHORIZED PAPER CURRENCY.
Mr. MELLETT, from the Committee on Banks, returned Mr. Martin's bill (H. R. 9) to prevent the circulation of unauthorized paper currency with the proposed amendments, recommending that the amendments be laid on the table, and the bill amended by striking out all after the enacting clause, and inserting seven sections -
- That any and all bills, bonds, notes, &c., issued by any company, corporation, or association in this State, either in the form of certificate, promise to pay, &c., made in the similitude of bank notes for the purpose of being used as a circulating medium, shall be held and deemed fraudulent and void.
- Shall be a misdemeanor, and the party, on conviction, shall be fined not less than $100, nor more than $1,000, and be imprisoned not exceeding six months.
- Failure to redeem shall be a separate and distinct offense, deemed a misdemeanor, and fined not less than the face of the paper issued nor more than double that amount, to which may be added imprisonment, and so on.
The report was concurred in.
On motion by Mr. BAIRD, the bill was laid on the table, and made the special order for Monday, two o'clock.
A MESSAGE FROM THE SENATE
A Senate message announced their non-concurrence in the joint resolution to adjourn the session next Monday; also, the passage of a bill (S. 4) to amend the 6th, 7th, 10th. llth, 12th, 15th, 19th and 20th sections of the Divorce Act, approved May 13, 1852; and a bill (S. 28) prescribing the time, place acd manner of election of United States Senators, fixing penalties, &c., in which they respectfully request the concurrence of the House of Representatives.
SMALL NOTES.
Mr. SCOTT, from a majority of the Committee on Banks, returned Mr. Dobbins' resolution of inquiry into the expediency of suppressing the circulation of bank notes of a less denomination than $5, with the expression of opinion that legislation on the subject would be inexpedient.
Mr. BOWMAN, from a minority of the Committee on Banks, reported the expression of opinion that if small bank bills were prohibited, it would have the effect of drawing out the coin into circulation, and so entirely prevent those numerous small note frauds upon the currency.
Mr. DAVIS moved to refer these reports to the Committee on the Judiciary, with instructions to inquire into the power of the Legislature over the currency in this respect. If it have the power, he subscribed to the doctrine of the minority of the committee. The exercise of the power he thought clear in the case of the Free Banks, but over the Bank of the State doubtful.
The motion was agreed to.
DIVORCE LAW.
Mr. BLYTHE, from the select committee to whom was referred Mr. Colgrove's bill (H. R. 5) to amend the Divorce law, reported the same back with amendments, striking out sections 2 and 3, and adding:
"SECTION - That the third clause of section of said act. namely," 'Absence for one year, or for a less period if the Court should be satisfied that a reconciliation is improbable,' be so amended as to read: 'Third, abandonment for one year.'"
The report was concurred in. The question now being, Shall the bill be engrossed for a third reading -
Mr. BLYTHE. The first section of the bill provides for an alteration in the present law. The present law does not require any given time of residence in the county or State, prior to filing application for a bill of divorce. This section provides that there shall be a residence of one year. To that, the committee make no amendment. The second section of the bill is to repeal the second clause of the seventh section of the Statute, on page 235 of the second volume of the Revised Statutes, in these words: "Or any page: 111[View Page 111]other cause for which the Court shall deem it proper." The purpose of the original bill is to repeal that clause. The committee instruct me to report against the propriety of repealing that clause. From some examination, I have found that this clause has run through all our divorce laws from the earliest period, giving the Courts this discretionary power. There are numerous cases in which it is emiently proper that the Court sould interfere, which cannot be reached by statute. The third section of the bill is the emergency clause. the committee think there is too great hast to put bills in force, in violation of the spirit, if not the letter of the Constitution. With reference to the additional section, the committee simply wish to take away the discretion of the Court in the 7th section of the act, which this is to amend.
Mr. CLEMENTS proposed to recommit the bill, instructing the committee to report a bill repealing all laws authorizing divorces to be granted in this State, and providing a reasonable support for wives abandoned by their husbands! [Laughter.]
Mr. DAVIS. I believe we have a rule to prevent a member from voting on a proposition in which he is immediately interested. Under that rule I move that the gentleman from Boone and the gentleman from Harrison, be excused from voting on this question.
Mr. JORDAN. I believe I have never been divorced, Mr. Speaker.
Mr. DAVIS. But every divorce case increases his chance to get a wife.
Mr. Clements' instructions were rejected.
Mr. MURRAY. I move to recommit with instructions to "strike out one year in regard to residence, and insert two years;" and on that I demand the yeas and nays.
The House rejected the motion by yeas 25 nays 70
Mr. AUSTIN moved to re-commit with the following instructions: "to set forth all the causes for which divorces may be granted." - Mr. A. said he was satisfied the passage of this bill would not meet the expectations of the people in the east part of the State. They were much dissatisfied with the present law of divorces. It had made our State a sort of Gretna Green, by leaving this discretion as to the time of residence. He was for making the law more stringent. He would particularly take away the option of the Court the very portion of the law which the report of the Committee proposes to retain. Want of definite and specific language in the laws was a great objection, and he would have the causes of divorce made most specific and definite - not left loose, to invite abuses of the law. If he could control this matter he would never authorize a divorce.
Mr. ROBINSON moved to lay the subject on the table.
The motion was lost.
Mr. COLGROVE was opposed to recommitment. He concurred with Mr. Austin on the general principle, but had never observed any abuse of the discretion of the Court under this seventh section. He hoped the bill would ve organized now, and moved to reject the resolutions.
The motion was agreed to.
Mr. CLEMENTS proposed to recommit with instructions to amend, by adding a provision "that no divorce shall be granted when the case originated in another State, unless by the laws of such' other State a divorce is authorized to be granted."
Mr. SCOTT proposed to substitute the instructions as follows:"To so amend the clause in the 7th section as to read For any cause which the Court shall deem a fraud upon the marriage contract."
Mr. BLYTHE opposed recommittrnent, and supported the report at length, replying to Mr. Austin and others.
Mr. AUSTIN replied.
Mr. GRIFFIN demanded the previous question, and under its operation, Mr. Scott's instructions were rejected; and then Mr. Clement's instructions were rejected by yeas 32, nays 64, as follows:
YEAS - Messrs. Austin, Bowman, Boyd, Boxley, Cavins, Clements, Collier, Comstock, Davidson, Firestone, Gregory, Hall of Rush, Hamilton of Boone, Hunter, Johnston, Keefer, Kelly, Kempf, Miller, Murray, Martin, Nebeker of Warren, Ritter, Rynerson, Shields, Shockley, Tebbs, Thompson of Elkhart, Thompson of Madison, Waterman, Whetzel and Wildman - 32.
NAYS - Messrs. Black, Blythe, Branham, Brotherton, Carr, Claypool, Clayton, Colgrove, Cotton,Davis, Dobbins, Dougherty, Durham, Puval, Early, Eastham, Edwards, Fordyce, Gifford, Griffin, Hall of Grant, Hamilton of Wayne, Hancock, Harrey, Harrison, Hartley, Jeffries, Jones, Jordan, Knowlton, Lawhead, Lewis, McLain, Major, Mansfield, Mellett, Merrifield, Nebeker of Vermillion, Nelson, Newton, Parks, Parrett, Power, Proper, Robinson, Row, Scott, Sherman, Smith of Miami, Smith of Perry, Snyder, Stanley, Stanfield, Stiles, Stinson, Sullivan, Summers, Treadway, Turpie, Usrey, Wheeler, Whiteman, Wood and Mr. Speaker - 64.
So Mr. Clement's instructions were rejected. The bill was then ordered to be engrossed for third reading.
ASSESSMENTS.
Mr. HARTLEY submitted the following, which was adopted:
Resolved, That the Committee of Ways and Means be instructed to so change the Assessment laws that each taxpayer may deduct his indebtedness from money on hand or at interest, or from his personal property.
Mr. GIFFORD submitted thefollowing,which was adopted:
Resolved, That the Committee on the Organization of Courts is hereby instructed to inquire into the expediency of extending the jurisdiction of Justices of the Peace in all civil cases to three hundred dollars, and report by bill or otherwise.
Mr. WHETZEL submitted the following, which was adopted:
Resolved, That the Committee on Rights and Privileges be instructed to inquire into the expediency of passing a law prohibiting any person or persons from throwing into any of the running streams of this State any dead hogs that have died with cholera, or any other dead animal or animals, and report by bill or otherwise.
REGISTRY.
Mr. DOBBINS submitted the following:
WHEREAS, Our present laws regulating the duties of Agent of State are net sufficiently guarded: Therefore,
Resolved, That the Committee on Ways and Means be instructed to inquire into the oxpediency of creating a Registry by which it shall be the duty of some one to register each certificate after it goes out of the hands of the Agent of State, before it comes valid, and report by bill or otherwise.
The resolution was adopted.
page: 112[View Page 112]COUNTY AUDITORS' FEES.
Mr. DUVAL submitted the following:
Resolved, That the Committee on Fees and Salaries be instructed to report a bill reducing the fees of County Auditors in this State at least one-fourth.
Mr. MURRAY moved to include all State officers.
On motion by Mr. FIRESTONE the resolution was laid on the table by yeas 52, nays 45.
INDIANA AMERICAN.
Mr. STINSON submitted the following :
Resolved, That the Door-keeper be instructed to subscribe for and lay on the table of each member of the House, two copies of the Weekly Indiana American, properly enveloped and stamped.
Mr. DOBBINS supported the resolution on account of the attentions the Reverend Editor of that paper (Mr. Goodwin) had conferred upon him.
Mr. MELLETT. I hope all on this side of the House will vote for the resolution.
Mr. EDWARD [in his seat] all on this side will.
The resolution was adopted without a division.
Mr. RITTER submitted the following, which was adopted:
Resolved, That the Committee on Fees and Salaries be instructed to revise the law regulating fees aud salaries, so as to make the proceeds of the several offices more nearly equal to the amount of labor and responsibility connected therewith - reducing such as receive too much, and advancing those that receive too little for their labor.
CONSTABLES' OFFICIAL BONDS.
Mr. ROW submitted the following, which was adopted:
Resolved, That the Committee on Judiciary be, and they are hereby, requested to enquire into the expediency of so changing the law regulating the approval of Constables' official bonds, as to authorize such approval to be made by the trustees of the townships.
Mr. KEEFER introduced a bill (62) for the punishment of officers of elections for refusing or neglecting to receive the voces of legal voters.
Mr. EARLY introduced a bill (No. 63) to amend section 1 of an act entitled An Act to provide compensation to the owners of animals killed or injured by cars, locomotives, or other carriages, of any Railroad Company in this State, approved March 1, 1853. [Owners may go before a justice or judge, and tile his complaint in writing, and at least ten day's notice shall be served on any conductor of any train passing through the county,] which bills were separately passed the first reading.
NEW COUNTIES, &C.
The SPEAKER announced the consideration of bills on their third reading, and Mr. Newton's bill, (H. R. 11) repealing the 2d section of the act to authorize new counties and change county boundaries, coming up -
On motion by Mr. DAVIS, the emergency clause was stricken out by unanimous consent.
And so the bill passed the third and last reading in the House of Representatives - yeas 57, nays 30. Mr. DAVIS stating that he was sorry to see his Democratic friends voting down the doctrine of popular sovereignty.
COMMON PLEAS IN BARTHOLOMEW.
On motion by Mr, COLLIER, the bill (S. 31) to fix the times of holding the Courts of Common Pleas in Bartholomew, was taken up passed the third and last reading in the House of Representatives - yeas 90, nays 0.
APPRAISEMENT OF SCHOOL LANDS.
Mr. Stanley's bill (H. R. 22) to provide for the reappraisement of unsold school lands therein mentioned, coming up, it was passed the third and last reading in the House of Representatives by yeas 91, nays 1.
CALUMET FEEDER DAM.
Mr. Griffin's bill (H. R. 32) to repeal the act authorizing the Illinois Calumet Feeder Darn and to provide for the manner of assessment of damages against the State of Illinois, and the manner of the drainage of lands adjacent to the Calument river, coming up -
Mr. GRIFFIN explained its merits. The dam flows water over the lands of his constituents to the amount of 14,000 acres, and it made the Swamp Land ditches valueless, &c.
Mr Speaker GORDON (Mr. Branham in the chair) also supported the passage of the bill. He had opposed the passage of the original Feeder Dam bill, and with all his heart he now voted for its repeal.
Messrs. DOBBINS and DOUGHERTY also submitted favorable statements and explanations.
The bill was passed the third and last reading n the House of Representatives - yeas 80, nays 0. The House then took a recess till two o'clock P. M.
AFTERNOON SESSION.
ELECTION OF UNITED STATES SENATORS.
On motion of Mr. BLYTHE, the bill (H. R. 28) prescribing the time, place and manner of election of United States Senators, &c., was laid on he table, and the bill (S. 28) of similar title, adding "providing for the punishment of officers failing to certify to such election," and similar in all its provisions, was taken up.
The bill was read through by the Clerk, and passed the first reading.
Mr. BRANHAM moved to suspend the rules, and that the bill be read the second time now.
The yeas and nays were taken thereon, under the constitutional provision, resulting - yeas 49, nays 41 - as follows:
YEAS. - Messrs. Austin, Baird, Blythe, Boyd, Boxley, Branham, Brotherton, Cavins, Colgrove, Collier, Comstock, Cotton, Davidson, Duval, Edwards, Fordyce, Gifford, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Payne, Jeffries, Johnston, Jones, Mansfield, Mellett, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Parks, Parrett, Power, Hitter, Robinson, Row, Scott, Sherman, Smith of Miami, Snyder, Stanfleld, Stiles, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr. Speaker - 49.
NAYS. - Messrs. Black, Bowman, Carr, Claypool, Clayton, Clements, Dobbins, Dougherty, Early, Eastham, Firestone, Hancock, Harney, Jordan, Keefer, Kelly, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Merrifield, Nelson, Newton, Prosser, Shockley, Smith of Perry, Stanley, Stinson, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 41.
So two-thirds not voting in the affirmative, the rules are not suspended.
A MESSAGE FROM THE SENATE.
A message from the Senate announced the passage there of a bill to amend the act authorizing page: 113[View Page 113] Agricultural Societies to purchase and hold real estate, and requested the concurrence of the House of Representatives.
LEGALIZING ACKNOWLEDMENTS.
The SPEAKER, announced the order of bills On the third reading, and Mr. Blythe's bill (H. R. 38,) legalizing the acknowledgment of all deeds, mortgages and other instruments required to be certified since the reception of the Revised Statutes of 1852, coming up, it was passed the third and last reading in the House of Representatives by yeas 74, nays 12.
JUDGMENTS AGAINST SHERIFFS, &C.
The Judiciary Committee's bill (H. R. 39) regulating the collection of judgments and sale of property against officers or persons holding money in a fiduciary capacity, coming up -
Mr. DAVIS. Is there not a Statute to that effect?
Mr. MELLETT. It does not cover the whole ground.
The yeas and nays (under the constitutional provision) resulted - yeas 96, nays 0 - so the bill passed the third and last reading in the House of Representatives.
NATHAN ROWLEY.
Mr Blythe's bill (H. R. 40) for the relief of Nathan Rowley (against a judgement for $445, to be paid out of the general school fund,) coming up -
Mr. COLGROVE supported the bill from his knowledge of it derived from an investigation of the case two years ago.
Mr. BLYTHE set forth the claim of Mr. Rowley, many years a School Commissioner of Vanderburg county, its merits and history at length.
Mr. STILES, learning that this matter had been before a jury, and so decided that Mr. Rowley was indebted to the School Fund to the amount of $445, he felt no disposition to go behind the verdict of a jury.
Mr. EDWARDS was willing to rely on the statement of the gentleman from Vanderburg, which was entirely satisfactory.
Mr. DOBBINS made a statement corroborating that of Mr. Blythe. The vote of the House on this claim two years ago, was 64 in the affirmative, and 20 in the negative.
Mr. MELLETT criticised the grounds of the claim, which were based on the individual carelessness of the claimant, who was thus left without a remedy at law. It was his opinion that the State ought to have the same judgment in the case that should be awarded to an individual. The case was settled, and the Legislature was not a court of appeals.
Mr. BAIRD sustained the claim upon a plea of equity, a plea which was always good with an honest creditor, and therefore it ought to be good here.
Mr. Blythe, Mr. Mellett, and Mr. Stiles were heard again.
Mr. DAVIS might vote against this claim, if the county of Vanderburg, most interested in the fund to be affected by it, had not come up here and reported that injustice had been done in a case where the County Board have not the power to enter satisfaction upon the record. It was a naked question of right and justice.
Mr. HALL of Rush, should vote against the bill on the principle that a man can not take advantage of his own error.
Mr. CLEMENTS supported the claim.
Mr. DAVIS demanded the previous question, and under the operation thereof, the bill was passed the third and last reading in the House of Representatives, by yeas 60, nays 33.
TRANSFER OF CHURCH PROPERTY.
Mr. Hunter's bill (H. R 43) to authorize the transfer of church property where a union of churches is formed, and a new name assumed, &c., coming up, the bill passed the third reading in the House of Representatives, by yeas 87, nays 0.
OHIO FALLS CANAL.
The joint resolution (H. R. 3) instructing our Senators, and requesting our Representatives in Congress to use their influence to obtain an appropriation for the construction of a canal around the Falls of the Ohio river, coming up -
On motion by Mr. EDWARDS, it was laid on the table.
APPRAISEMENT OF REAL ESTATE.
The Speaker announced the consideration of bills from the Senate on third reading, and the bill (S. 3) to provide for the reappraisement of real estate, and prescribing the duties of officers in relation thereto, coming up, the engrossed copy was read through by the Clerk.
The SPEAKER ordered the yeas and nays on the third reading of the bill, according to the constitutional requirement.
Mr. PARKS made an ineffectual application for unanimous consent to amend the bill by engrossed order, adding to the 15th section the following:
"Provided the County Commissioners of any county may, in their discretion, authorize the appraiser so appointed or elected, during the time he may he engaged in such appraisement, to keep an office,and to make such appraiser a reasonable allowance therefor out of the County Treasury."
The yeas and nays were then taken, resulting yeas 92, nays 3, as follows:
YEAS - Messrs. Austin, Baird, Blythe, Bowman, Boyd, Boxley, Branham, Brotherton, Carr, Cavins, Clark, Claypool, Clayton, Clements. Colgrove, Collier, Comstock, Cotton, Davidson, Davis, Dobbins, Dougherty, Durham, Duval, Early, Eastham, Firestone, Fordyce, Gifford, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Hancock, Harney, Harrison, Hartley, Hunter, Jeffries, Jones, Jordan, Keefer, Kelly, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Mellett, Merrifield, Miller, Murray, Martin, Nelson, Newton, Parks, Parrett, Power, Prosser, Ritter, Robinson, Row, Rynerson, Scott, Sherman, Shields Shockley, Smith of Miami, Smith of Perry, Snyder, Stanley, Stanfield, Stiles, Stinson, Sullivan, Summers, Tebbs, Thompson of Elkhart, Thompson of Madison, Treadway, Turpie, Usrey, Wheeler, Whetzel, Whiteman, Wildman, Wood, and Mr. Speaker - 92.
NAYS. - Messrs, Edwards, Nebeker of Warren, and Waterman - 3.
So the bill passed the third reading in the House of Representatives.
THE HONORABLE HENRY WALKER.
Mr. DURHAM (under a suspension of the rules) submitted a resolution tendering the use of the Hall to-morrow night for a lecture by the Hon. Henry Walker.
page: 114[View Page 114]Mr. PROSSER proposed to amend by including the Hon. John D. Hopkins.
On motion by Mr. THOMPSON, of Madison, the matter was laid on the table.
The House then adjorned.
