HOUSE OF REPRESENTATIVES.
FRIDAY, December 10,1858.PERSONAL EXPLANATION.
Mr. DAVIS, by unanimous consent, took some notice of a writer in the Indianapolis Journal, charging him with an incautious statement that the 15th section of the act creating the Bank of the State of Indiana, provided that it should be taxed as other moneyed institutions. This question had been raised by the Branch in his town - whether stock tax should not be listed against individual stockholders. It was the opinion of Judge Howe, that they should. This was also Mr. Davis' opinion. Whoever had $100 in money or notes, was assessed on that amount. But the bank with a capital of $100,000 could issue notes to the extent of $150,000; why then should not the bank be taxed on its discounts, notes, bills and moneys on hand? There was injustice in the present assessments.
INSANE HOSPITAL.
The SPEAKER laid before the House the petition of Charles T. Noble, of Franklin township, Marion county, which was read and referred to the Committee on Benevolent Institutions. It is given literally from regard to the ancient right of petition:
"Honorable Committy on Benevolent Institutions I now ask the aid of this honorable body to look to our Insane Hospital and give it a fare investigation of the treatment patients receives at the hnnds of the officers there off they keep their clothing when they are sent away and treat them shame fully in different modes.
"Charles T. Noble living in Marion county Franklin Township two miles east of Southport."
DEBTS AND FINANCES OF THE STATE.
Mr. HUNTER, from the Committee on Ways and Means, submitted a report on the finances and debts of the State, of which the lollowing is a liberal abstract:
Your committee in considering the propriety of levying a tax for the present year, were naturally led to examine into the financial condition of the State, in connection therewith. Which they have done, so far as they were enabled, by the reports of the Auditor of Slate, and submit the following, as the result of their labors:
| There were outstanding on the 1st day of November, 1858, of her foreign debt, 413 bonds, of $1,000 each making | $413,000 00 |
| The amount of interest due thereon to samedate | 370,175 00 |
| $783,175 00 |
The State is liable for full amount of said bonds and in-terest, unless they shall be surrendered under the act ceding the Wabash and Erie Canal to the bondholders of the State. If so surrendered, then only for one-half of each. Most of the creditors, now holding said bonds, refuse to surrender under said act Including full amount of said bonds and interest, the liabilities of the State are as follows, to wit:
| 1 Amount of said bonds and interest | $ 783,175 00 |
| 2 Amount of 5 per cent. State stock, not redeemed | 5,162,50000 |
| 3 Amount of 2 1/2 per cent. State stock, not redeemed | 1,803,701 00 |
| 4 Amount of Vincennes University bonds | 66,585 00 |
| 5 Amount due school fund, for advance from sinking fund | 1,100,342 67 |
| 6 Amount due sinking fund | 165,000 00 |
| 7 Amount due swampland fund | 145,410 57 |
| 8 Amount due school fund | 186,861 64 |
| 9 Amount due State debt sinking fund | 105,715 32 |
| 10 Amount due township library fund | 1,792 00 |
| 11 Amount due other trust funds | 50,000 00 |
| 12 Amount due Shelby county, for tax illegally collected | 2,076 63 |
| Making in all | $9,964,969 83 |
| To meet the ordinary and extraordinary expenses of the State for 1859, as estimated by the Auditor, will require | $ 559,335 10 |
| To meet the ordinary and extraordinary expenditures of the State for 1860, as estimated by the Auditor, will require | 473,985 10 |
| $1,033,320 20 |
Which estimates of the Auditor, your committee, at present, are not prepared to say are correct, but they will be able to give the House full information on the subject so soon as they can complete their present investigations.
Mr. BLYTHE moved that the report be laid on the table, and 1,000 copies printed.
Mr. MARTIN moved 200 copies, which was lost.
And then Mr. Blythe's motion prevailed.
Mr. MANSFIELD had leave to record his vote on the passage of the appraisment bill yesterday He voted in the affirmative.
ELECTION OF UNITED STATES SENATOR.
Mr. BAIRD, from a majority of the Committee on the Judiciary, to whom was referred Mr. Harney's bill (H. R. 37) to provide for the time and manner of electing United States Senators, returned the same, and recommended its indefinite postponement"the majority of said committee believing that a bill now before the House for the same purpose, and which has received the sanction of this committee, contains a better plan for the election of such Senators than the one under consideration."
Mr. TURPIE, from a minority of the same committee, submitted a report recommending the engrossment of the bill. The minority say:
"We wish expressly to dissent from that part of the report of the majority stating that a better bill upon the subject is already before the House. On the contrary, we are of the opinion that the bill herewith returned is much fairer in all its provisions than the one referred to by the majority.
"It has been the law and uniform usage of this State, and most of the States of the Union, to elect Senators by joint ballot in a Convention of both branches of the Legislature, as provided for in the present bill, and we think the reasons urged for a change in that particular, and for the enactment of a law as recommended by the majority, are of such a nature that they commend themselves to the politician rather than the statesman. The method by which we shall select those who are to represent the sovereignty of the State in the Senate of the Union, is certainly a question which should exclude the consideration of poli ical differences and engage the unbiased, disinterested attention of all. A law for that purpose shou d be the deliberate expression of sentiment of those engaged in the duties of legislation, suited and adapted to all times and occasionsnot the result of a momentary excitement, elicited by an emergency really without existence. and manufactured to order. It should be the measure of neithet one party or another, but a measure of justice to all."
page: 116[View Page 116]Mr. TURPIE demanded the yeas and nays on concurrence in the majority report. But,
On the motion of Mr. BRANHAM, the subject was laid on the table.
COUNTY LINES
Mr. PARKS, from the Committee on County and Township Business, returned the bill (H. R. 34) to amend the second section of the act approved March, 7, 1857, to authorize new counties, change county boundaries, &c., recommending indefinite postponement.
Mr. NEBEKER, of Warren, gave examples of abuses under the provisions of the act of 1857, here proposed to be amendedthat act of 1857 providing ior the transfer of territory from one county to another, on petition to the County Board, without the consent either of the people of the county from which it is taken, or of the county to which it is to be at attached.
On motion by Mr. TURPIE, the report was laid on the table.
AUDITOR'S CLERKS.
Mr. BROTHERTON, from the Select Committee, to inquire whether clerks were necessary in the State Auditor's office, reported the following:
Resolved, That the Auditor of State be allowed to employ such additional assistance in his office - not exceeding two clerks - as will enable him to respond to resolutions of the House of Representatives, requiring him to report the several amounts of money which have been paid to the several State officers.
The resolution was adopted.
BENEVOLENT INSTITUTIONS.
The SPEAKER laid before the House a communication from the Superintendent of the Deaf and Dumb Asylum, responding to the resolution of Mr. Smith, of Perry, as to the conduct and cost of management of similar institutions in other States of the Union, which was received, and, without reading,
On the motion of Mr. HARNEY, it was laid on the table, and 200 hundred copies ordered to be printed.
INTEREST ON BILLS OF EXCHANGE.
Mr. MARTIN submitted the following, which was adopted by consent:
Resolved, That the Committe on Banks be instructed to inquire into the expediency of prohibiting the banks in the State from taking or receiving, either directly or indirectly, by bills of exchange or otherwise, a greater rate of interest than by law an individual may take or receive, and that they report by bill or otherwise.
TO PRINT ENGROSSED BILLS.
The SPEAKER submitted the following:
Resolved, That all engrossed bills, before they are put upon their final passage, shall be first printed, and one copy thereof placed upon the desk of each Representative.
On motion of Mr. MURRAY it was laid on the table.
WHAT HAS BECOME OF THE STATE PRINTER?
Mr. MILLER submitted the following, which was adopted by consent:
Resolved, That the Committee on the Judiciary be instructed to inquire into the fact as to whether there is such an office as Public Printer in the State of Indiana, and report at their earliest convenience.
ADJOURNMENT.
Mr. POWER submitted the following, which was rejectedyeas 9, nays 97.
Resolved, That when the House adjourn, it stand art journed till Monday, 2 o'clock, P. M.
Mr. TURPIE submitted the following, which was adopted:
Resolved, That upon a motion to adjourn, when question is tabled thereon, or an objection made thereto, th Clerk shall enter on the Journal the exact time of day the motion was made.
LICENSE LAW.
Mr. DURHAM introduced a bill [No. 64] to regulate the sale of spiritous liquors. [A quart law.]
Mr. MANSFIELD introduced a bill [No. 65,] to license, regulate and restrain the sale of spiritous, malt and intoxicating liquors, to prevent drunkenness and crime; prohibit the adulteration of liquors, and repeal all acts conflicting with this act. Which bills were severally passed the first reading.
Mr. SHOCKLEY, from the Committee on Temperance, returned various resolutions of the House, directing inquiries into the expediency and constitutionality of a license law, and reported that the committee entertain no doubt of the constitutionality of a license law, but holding it to be morally wrong to make the State a partner in any evil work. They report the expression of opinion that the enactment of a license law would be inexpedient at this time.
Messrs. Murray and Hunter demanded the yeas and nays on concurrence.
Mr. DAVIS. For the sake of giving an opportunity to come fairly upon the record, I move to recommit the subject, with instructions to report a well regulated license law.
Mr. AUSTIN said the committee had given the subject due consideration, and there was a difference of opinion. But the committee could not, under its present organization, report a license law. They concur that a license law would be inexpedient. They also could concur in a law inflicting heavy penalties for violations of a restrictive law. There might be a minority report. From this the instructions of the gentleman from Floyd were manifestly improper. He could not respond to such instructions.
Mr. DAVIS. Committees were not constituted so much to promulge their own views, as to carry out the will of the House. This was one of the great objects in the constitution of all committees. The instructions were not disrespectful to the committee.
Mr. AUSTIN had said it was impossible for the committee now to harmonize, so as to present such a bill as the gentleman had indicated.
Mr. DAVIS. Let the House express its will, and then the way of the committee would be clear. He would deal with this traffic as a great evil, and treat it as such. Why not make it pay a part of the expense it would superinduce? The extreme friends of temperance had tried their hands, and lost, instead of gaining ground. He replied to the objection to making money out of evil doing. It was just as good morality in the case of intemperance, as in assault and battery.
Mr. MANSFIELD explained the views of the minority of the committee. All would restrain intemperance, but differ about the means. It was useless to legislate on moral subjects, page: 117[View Page 117]which could be better affected by public opinion. The prohibition should not be against the use, but the abuse of liquors. We have learned by prohibitory laws the impossibility of legislating directly with success against this traffic. The minority would recommend, it we cannot kill, to cripple the monster. They proposed a license law with proper regulations and restrictions.
Mr. MARTIN proposed to amend the instructions so as to read as follows:
"To report a bill as nearly conforming to the constitutional portion of the Liquor Law of 1853, as practicable.
Mr. SCOTT looked on this as the most important question of the session, and therefore moved to lay the subject on the table until we could get a bill such as indicated by the chairman of the committee (Mr. Austin,) but withheld the motion for -
Mr. DAVIS, who preferred a direct expression on a license law now.
Mr. COLGROVE. That expression might as well be given now as at any time. He was opposed to a license law, on the principle that the traffic was wrong; but since the traffic was an evil we could not get rid of, we ought to restrict it. He admitted the correctness of the position of Mr. Davis, that penalty should fall upon crime, but from this there could be no inference that the State should form a partnership, and become responsible for an evil which all acknowledge. The silver of Judas might as well be appropriated for the benefit of the Christian Church. Penalty could be added and enforced without granting a license. You sell under regulations, which, if you violate, you shall suffer the penalty.
Mr. MURRAY proposed to amend the instruction, by adding, provided they could not agree on any other proposition, &c., which was laid on the table.
Mr. SCOTT renewed, ineffectually, his motion to lay on the table.
Mr. MURRAY explained his position. He was in favor of a license law if we could not get any other. He was a Temperance man, ready to vote for the best law to put down drunkenness, &c. He should probably refuse to vote on this question.
Mr. HALL, of Rush, submitted considerations agaiast a license law.
Mr. POWER should refuse to vote if placed in a position where he could not vote for anything but a license law.
And then, under the force of the previous question, the vote on Mr. Davis' instructions resulted - yeas 64, nay 31, as follows:
YEAS - Messrs. Baird, Black, Blythe, Bowman, Boyd, Boxley, Branham, Carr, Cavins, Claypool, Clayton, Clements, Collier, Davis, Dobbins, Dougherty, Durham, Duval, Early, Eastham, Edwards, Firestone, Gifford, Griffin, Hancock, Harney, Hartley, Jones, Jordan, Keefer, Kelly, Kempf, Lawhead, Lewis, McLain, Major, Mansfield, Merrifield, Miller, Murray, Nebeker of Warren, Nelson, Newton, Parrett, Prosser, Row, Sherman, Shields, Shull, Smith of perry, Snyder, Stanfield, Stiles, Stinson, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler, Wood and Mr. Speaker. - 64.
NAYS - Messrs. Austin, Brotherton, Colgrove, Comstock, Cotton, Davidson, Fordyce, Gregory, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harrison, Hunter, Jeffries, Johnston, Mellett, Martin, Parks, Power, Ritter, Robinson, Rynerson, Scott, Shockley, Smith of Miami, Thompson of Elkhart, Treadway, Whetzel, Whiteman and Wildman - 31.
So the report was recommitted with instructions.
DISTRICT BOARDS OF EQUALIZATION.
Mr. EDWARDS introduced a bill (No. 66) to amend section 5, and repeal section 10, of the act entitled An Act to provide for a Board of Equalization and appraisement for taxation of real property in the State of Indiana, approved May 28, 1852, and constituting the County Auditors of each Congressional District a District Board of Equalization.
The bill being read through by the Clerk, was passed the first reading.
The House then took a recess till two o'clock.
AFTERNOON SESSION.
Mr. AUSTIN introduced a bill (No. 67) to suppress tippling houses, to punish drunkenness, and to regulate the sale, barter or giving away spirituous or maIt liquors, wine or cider, which was read through and passed the first reading.
CORRECTION.
Mr. HUNTER asked and obtained leave to correct his report of this day from the Committee on Ways and Means, by striking out the words "Butler's bill," and inserting these words: "The Act ceding the Wabash and Erie Canal to the bondholders of the State," which is the Butler bill.
Mr. SHULL introduced a bill (No. 68) to amend section 9 of the act providing for the election of Clerks of the Circuit Courts and prescribing some of their duties, approved June 7, 1852, which wrs passed the first reading.
Mr. HAMILTON, of Boone, introduced a bill (No. 69) to prevent the illegal removal of deceased persons, and prescribing penalties therefor.
Mr. CAVINS introduced a bill (No. 70) for the relief of Peter Shultz, of Greene county, and releasing to him the interest which the State holds in certain real estate.
Mr. HAMILTON, of Boone, introduced a bill (No. 71) to amend the 76th section of the act defining misdemeanors and the punishment therefor, approved June 14,1852.
Which bills were severally passed the first reading.
A BOARD OF FUND COMMISSIONERS - STATE DEBT.
On motion, by Mr. BRANHAM, the order of business was suspended, for a report from the Committee on Ways and Means.
Mr. SMITH, of Perry, from the said Committee reported a bill [No. 72] entitled an Act for the permanent establishment of a Board of Sinking Fund Commissioners, prescribing their duties, term of office, and compensation; the safe keeping and disbursement of the public funds of the State, and appropriating certain funds to meet the interest on the public debt, and pay the current expenses of the State Government, and re-payment of the moneys borrowed for such purposes; establishing the salary of State Treasurer and his duties; To punish employees in the management of said funds for making any false checks, entries or records while in such employment: page: 118[View Page 118]and he read the following report in relation thereto:
MR. SPEAKER: — In reporting a Bill for the permanent establishment of the "Board of Sinking Fund Commissioners;" for the providing of means to meet the current expanses of the State, and the interest on its foreign debt; for the safe keeping of its revenues; and for other purposes designated in the Bill — the Committee on Ways and Means have directed me to make the following explanations:
This Bill was framed under a peculiar state of circumstances, and to provide for the urgent wants of a Treasury nearly exhausted. It is wholly different, in outline and detail, from that which would have been presented by the committee, had the Treasury been full. The first object in view was the providing funds, by the 24th of this month, sufficient to pay the interest on our foreign debt maturing on the first of January nest, and to preserve intact the credit and honor of the State. It was evident that a loan could not be effected abroad in the intermediate time, even if a foreign loan was regarded as preferable to one obtained at home. The only fund within our reach, ample for our purpose and peculiarly subject to our control, is that designated in this Bill. On examination of its resources and of its relations to the State, it became obvious that a reliance on its means and its management, until the revenues of the State were deficient for its curret wants, and for the repayment of sums taken from this and other Trust Funds, would be advantageous, not only to the State itself, but also to each and all of these Trust Funds.
The withdrawal of all money from the hands of the Treasurer is evidently expedient while the State is compelled to pay interest on an open account — a suspended debt, or rather an unavailable investment of nearly $85,000, to be deducted from cash balance in the Treasury on the 31st of October. 1858 as reported by the Treasurer and Auditor, further admonishes us of the expediency as well as the honesty of paying our debts, or any portion of them when we have the money in hand — and the payment of a certain and liberal salary to that officer, instead of an allowace of perquisites of uncertain amount and of a character liable to suspicion, is certainly most to the dignity of the State and the usefulness of its servant.
It wiil be borne in mind that under the 113th section of the Act establishsng the State Bank of Indiana and the Sinking Fund, the Commissioners of this Fund have no power is distribute any portion of its means for school purposes until the purchase and cancellation of the bank bonds has been effected. All the increment of the fund has been, and for the next two years, at least, must be invested in bonds, certificates, mortgage notes, or other securities. It is, then, submitted that no security can be offered to the Commissioners of the Sinking Fund more safe and advantageous than that proposed by the bill, wherein the loan is predicated on the earliest surplus revenue of the State, which has been shown, by a report already made, as ample for its liquidation before April, 1861. The only alternative of the measure proposed seems to be the issue of coupon bonds, payable not earlier than July 1, 1861. The issue of such bonds to an amount sufficient to meet the wants of the State for 1859 and 1860 would be attended with cost and danger — cost, in the manufacture of the bonds and coupons and in the commissions or salaries of the Agents employed in their negotiation — danger, in the greater or less transformation of the money proceeds of these bonds into Bankers' certificates, bills of exchange or other "unavailable cash." Were such bonds now issued it is quite probable that the negotiating Agents would deem it advisable to throw the whole at once on a plethoric money market, and accept an offer at par for 6 per cents. For, although loans on call might be effected at 3 1/2 or 4 per cent , a twelve months' loan, on the best security, could not be had under 6 per cent. In such case, the larger portion of these proceeds would remain idle in the Treasury, while interest would be accruing on the bonds. Besides, an issue of a new series of State Bonds while the Commissioners of the Sinking Fund are constantly in the market for the bonds and certificates of the State, would seem to be anomalous and absurd in the extreme
The reeorganization of the Sinking Fund is, under any circumstances, a matter of present necessity. The commissions of the managers of that Fund expire on the first of next month. In providing for future elections the Committee have had in view the magnitude of the interests involved and the advantages of a permanent line of policy and action in reference to those interests. Under the present system a total change might occur at every election. The Committee now propose that half of the Board shall have the experience and knowledge acquired by at least two years of service.
The expediency of commencing the term of service and official year subsequent to the adjournment of the electing Legislature is apparent. The advantages of the arrangement contemplated by the bill are, in brief:
The use of the monies required, and when required, at a fair rate of interest, and the opportunity of repayment at any moment and in any sum; the saving of exchange and of at least ten thousand dollars a year on the interest account; the use of an organization which has been tried and whose past operations have evidenced the most careful and efficient management; the taking away from one department all danger of loss; the diminution of risk in another department, and the throwing around both additional securities in bonds and penalties. In view of the foregoing reasons, and of others equally obvious, the Committee of Ways and Means unanimously recommend the passage of the bill.
Mr. COLGROVE moved to lay the bill and report on the table, and 200 copies of both be printed for the use of the House.
Mr. RITTER moved 1,000 copies of the report and 200 copies of the bill.
Mr. COLGROVE accepted, and it was so ordered.
Mr. HUNTER introduced a bill (No. 73) to raise a revenue for State purposes for the years 1858 and 1860.
Mr. COTTON introduced a bill (No. 74) to provide for and secure the right of married women to real estate. Which bills were passed ihe first reading.
Mr. Colgrove's bill (H. R. 5,) to amend the divorce law of 1852, coming up in order, it was passed the third and last reading in the House of Representatives, by yeas 90, nays 4.
ELECTION OF UNITED STATES SENATORS.
The bill (S. 28,) to provide for the time, place and manner of electing Senators of the United States, and providing for the punishment of officers failing to certify such elections, coming up in order on the second reading, it was read through by the Clerk.
On motion by Mr. BRANHAM, its consideration was made the special order for Tuesday next at two o'clock, P. M.
The bill (S. 11) to provide for the ventillation of county prisous, was passed the second reading.
The bill (S. 15) authorizing County Commissioners to take possession of abandoned turnpikes, 'c , coming up —
On motion by Mr TURPIE, it was amended by striking out the emergency clause.
Mr. COMSTOCK proposed to amend by adding appropriately:
"Provided, That nothing in this act shall be so construed as to affect any plank road, 'c., leased or sold by any person or corporation which has not been abandoned by such person or corporation."
The amendment was adopted; and then,
On motion by Mr. HARNEY, the bill as amended was referred to the Committee on Roads.
The bill (S. 16) for the relief of James O'Brien, coming up on the second reading —
On motion by Mr. MILLER, it was referred to a select committee of five, which the Speaker makes to consist of Messrs. Miller, Blythe, Hunter, Baird and Edwards.
ADJOURNING TILL MONDAY.
Mr. DAVIS moved to reconsider the vote page: 119[View Page 119] adopting the resolution of the House of Representatives, to adjourn over from Saturday 11 o'clock A. M., till Monday 2 o'clock P. M.
But the House refused to reconsider - yeas 44 nays 49.
The House then adjourned.
