IN SENATE.
TUESDAY, December 14,1858.The Journal of Saturday was read.
PROHIBITING CLERKS OF COURTS FROM PRACTICING.
Mr. McLEAN from the Judiciary Ommittee, reported back Mr. Cooper's bill (S. 76) prohibiting Clerks of the Circuit ad Common Pleas Courts and their Deputies from practicing in the courts in which they are employed; and also prohibiting County Treasurers from practicing page: 125[View Page 125]in the Courts of this State, with an amendment to the first section, adding the words "any legally appointed" [deputy]; and striking out that part which prohibits the practicing of County Treasurers; and after these amendments recommending its passage.
The report was concurred in by consent; the bill read by its title, and passed the third reading.
THE OLD STATE BANK.
Mr. STEELE offered the following resolution.
Resolved, That the Committee on Banks inquire whether legislation is not necessary in the final winding up of the State Bank, in order that the State's interest in that institution may have some one legally authorized by law to take charge of all books, papers, moneys and property of every description in connection with that institution, with leave to report by bill or otherwise.
Mr. STEELE said that the terms of the present Bank Commissioners expire on the first of next month, and unless a bill like the one proposed in this resolution be passed at this session, the State interests will be left in the hands of no one in particular.
The resolution was adopted by consent.
PARTITION OF REAL ESTATE.
Mr. CONNER introduced a bill (No. 97) providing for the partition of real estate and for the laying of the same off into lots, outlots, streets and alleys, and designating the period when the act shall take effect, which was read through the first time and passed to the second reading.
ELECTION OF CIRCUIT CLERKS.
The Order of the Day was now taken up.
Mr McLean's bill (S. 89) to amend the 9th section of an act providing for the election of Clerks of Circuit Courts and prescribing their duties, approved June 7, 1852, was read through the second time.
Mr. GOODING moved to amend by striking out the words "and all moneys in his hands received by him as such Clerk, belonging to other parties not already provided for by law;" [at the expiration of his term shall deliver to successor.]
The motion was agreed to, and the bill passed the second reading.
COURTS IN THE ELEVENTH DISTRICT.
Mr. Slack's bill (S. 90) to amend section 2 of an act changing the time of holding Courts in the Eleventh Judicial Circuit, approved July 17, 1857, was read through the second time.
[This bill provides that in the counties of Miami, Cass, Wabash and Huntingdon, the time of holding Circuit Courts shall be three weeks each; and in the counties of Grant, Howard and Carroll, two weeks each.]
Mr. CONNER moved its reference to the committee on the Organization of Courts .
Mr. MURRAY moved its reference to a select committee consisting of the members of the Senate from that Judicial Circuit.
Mr. CONNER withdrew his motion.
The bill was referred to the select committee proposed by Mr. Murray.
RAILROAD LIABILITY.
Mr. CONNER asked leave to take from the table his bill (S. 82) providing for compensation to owners of animals killed by railroads; he then moved its recommitment to the Judiciary Committee.
The motion was agreed to.
ELECTION OF UNITED STATES SENATORS.
Mr. Wallace's bill (S. 91) regulating the choosing of United States Senators, was read through the second time.
Mr. TARKINGTON moved its reference to the Judiciary Committee; but withdrew for -
Mr. GOODING, who moved to lay it on the table, as the author of the bill was not in his seat.
The motion was agreed to.
REPAIRS OF THE CAPITOL.
Mr. HENDRY offered a resolution, by unanimous consent, that the select committee, to whom was referred the resolution upon the subject of heating the Senate Chamber, inquire into the expediency of exempting the central portion of the Chamber from the operation of the falling rain.
The resolution was adopted by consent.
ELECTION OF MEMBERS OF CONGRESS.
Mr. Craven's bill (S. 92) changing the time of the choosing of members of Congress, and providing for their election, was read through the second time.
Mr. CRAVENS moved its reference to the Judiciary Committee, and it was so referred.
PETIT JURORS.
Mr. Tarkington's bill (S. 93) to amend section 5 of an act prescribing the manner of empanneling petit jurors, approved May 20, 1852, was read through the second time.
Mr. HEFFREN moved its reference to the Judiciary Committee, and it was so referred.
DISPENSING WITH BLANKS,
Mr. Lomax's bill (S. 94) to amend sections 24 and 65 of an act providing for the assessment of real and personal property in the State, the election of township assessors, &c., approved June 21, 1852, so as to enable assessors to perform their Federal duties without the aid of blanks, was read through the second time.
Mr. WILLIAMS moved it s reference to the Committee on County and Township Business, and it was so referred.
PAY FOR CATCHING OUTLAWS.
Mr. Jones' bill (S. 95) to provide compensation to persons who may bring to justice fugitives from the same, was read through the second time.
Mr. MARCH moved its reference to the Committee on Claims, and it was so referred.
SHEEP KILLERS.
Mr. Heffren's bill (S. 96) to prevent the destruction of sheep and other stock by dogs, was read through the second time.
Mr. GREEN offered the following amendments :
That in all cases where the death penalty is to be executed under the provisions of this set, it shall be, if the criminal be a New Foundland or bulldog, by shooting; and if a hound, bitch, or other kind of dog or dogs, then page: 126[View Page 126]and in that case by hanging, and in all cases shall be buried without skinning.
Inasmuch as there now exists a law for killing sheep-killing dogs, it is hereby declared that this act shall not take effect and be in force unless the person or persons inflicting the death penalty as contemplated in this act shall be in the heat of passion, and that heat of passion caused by the wickedness of the canine to be punished.
Mr. HEFFREN moved that the bill and pending amendments be referred to the Committee On Agriculture .
The motion was agreed to.
THE DIVORCE LAW.
The bill (H. R. 5) to amend section 6, and repeal the seventh clause of section 7 of an act Regulating: the granting of divorces, approved May 13,1852, was read through the second time.
[This bill provides that a petition for divorce may be filed after one year's residence; and that abandonment for one year shall be sufficient cause.
Mr. CONNER moved its reference to the Judiciary Committee, and it was so referred.
UNSOLD SCHOOL LANDS.
The bill (H. R. 22) for the re appraisement of unsold school lands in this State, was read through the second time.
[This bill provides that after five years from an appraisement such school lands as remain unsold, shall be re appraised before sold.]
Mr. CRAVENS moved its reference to the Committee on Education, and it was so referred.
CALUMET FEEDER DAM.
The bill (H. R. 32) repealing an act authorizing the State of Illinois to maintain the Calumet Feeder Dam, approved March 7, 1857, was read through the second time.
Messrs. WAGNER, WEIR and TURNER hoped it would be passed as soon as possible.
Mr. CONNER thought it should be referred to a committee.
Mr. MURRAY moved its reference to the Judiciary Committee.
Mr. WEIR moved to amend the motion by referring it to a select committee.
The motion was agreed to, and the bill was referred to the Judiciary Committee.
LEGALIZING ACKNOWLEDGMENTS OF DEEDS, &C.
The bill (H. R. 38) to legalize the acknowledgments of deeds, mortgages and other instruments required to be recorded, taken and certified by Clerks of Courts, after receiving the revised statutes of 1852, was passed the second reading.
COLLECTION OF JUDGMENTS.
The bill (H R. 39) to regulate the collection of judgments, and the sale of property on execution, against public officers or administrators, or corporations receiving and holding money in a juduciary capacity, or the sureties of either or any of them, was read through the second time.
Mr. MURRAY moved its reference to the Judiciary Committee, and it was so referred.
RELIEF OF NATHAN ROWLEY.
The bill (H. R. 40) for the relief of Nathan Rowley from the effects of a legal proceeding Hud against him in Vanderburgh county, in 1847.
Mr. HEFFREN offered an amendment "making all sums of money to be paid said Nathan Rowley, to be paid out of the treasury of Vanderburg county."
Mr. GREEN moved its reference to the Judiciary Committee.
Mr. WAGNER moved to amend the motion by referring it to the Committee on Claims.
The amendment were agreed to, and the bill and pending amendment were referred to the Committee on Claims.
CHURCHES.
The bill (H. R. 43) to authorize churches to form a union, assume a new name, appoint trustees, and to enable them to hold property, was passed the second reading.
JURISDICTION OF JUSTICES OF THE PEACE.
Mr. Rice's bill (S. 27) a bill regulating the jurisdiction of Justices of the Peace in case of attachment, was read through the third time
The question being shall the bill pass? a constitutional provision demanding the yeas and nays, they were ordered, and being taken, resulted - yeas 44, nays 0.
So the bill passed.
The title of the bill was then read and adopted.
LEAVE OF ABSENCE.
Mr. WAGNER asked and obtained leave of absence for the Senator from Rush [Mr. Cooper] who is kept from his seat by ill health.
WARMING THE SENATE CHAMBER.
Mr. WALLACE obtained unanimous consent to submit the following report:
Mr. PRESIDENT - The Committe to whom was referred the resolution adopted yesterday in reference to overhauling the heating arrangements of the Senate Chamber, and report whether the same can he improved: beg leave to report that the only immediate available improvement they can now suggest will be to order the coal stoves now in use to be removed and exchanged for suitable stoves constructed for burning wood. They submit this suggestion with the hope that it will be at once adopted.
The committee further report that they will, at the earliest moment, consult some person skillful in the science, with a view to the perfection of some plan for heating the chamber from the basement of the house, so that Senators will not be so troubled during the continuance of the ensuing session. In the meantime, they renew their suggestion of an exchange of stoves as above stated, and recommend that the Door-keeper be charged with that duty immediately.
The report was concurred in by consent.
EXEMPTION FROM TAXATION.
Mr. Rice's bill (S. 71) to amend section 6 of an act providing for the assessment of real and personal property, for the election of assessors, &c., approved June 21, 1852, was read through the third time.
Mr. RICE explained that this bill was for the purpose of exempting a class of property that has never been exempted heretofore, viz: private female seminaries that are now subject to taxation. The bill was drawn up under the 8th article of the Constitution, which provides for the encouragement of seminaries of learning.
Mr. CONNER moved to reconsider the vote by which the bill was ordered to be engrossed.
Mr. HEFFREN moved to lay it on the table.
The motion was rejected.
Mr. CONNER withdrew his motion to reconsider.
page: 127[View Page 127]Mr. WALLACE moved to recommit the bill the Judiciary Committee.
The motion was agreed to.
ADJOURNMENT SINE DIE.
Mr. WEIR moved a reconsideration of the vote by which the resolution providing for an adjourment on Wednesday next, was adopted, for the purpose of rejecting the proposition.
Mr. MARCH moved a call of the House.
A motion was made to adjourn, but withdrew for -
Mr. MARCH, who asked and obtained leave to present a memorial from the Society of Friends of this State, and the eastern part of the State of Illinois, upon the subject of Temperance. He moved that it be read and referred to the Committee on Temperance.
The motion was agreed to.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The PRESIDENT directed the Secretary to proceed with the call of the Senate.
Mr.TURNER moved that further proceedings in the cal be dispensed with.
The motion was rejected.
BUSINESS OF THE REGULAR SESSION.
Mr MURRAY moved that the call be dispensed with in order to enable him to introduce a joint resolution. The motion was agreed to.
Mr. MURRAY introduced a joint resolution (No. 5) for continuing in power the organization of the two Houses of the General Assembly at the commencement of the regular session, and providing for the continuation of business from the point where it is left at the close of this session, which was read through the first time, and passed to the second reading.
ABOLISHMENT OF COMMON PLEAS.
The PRESIDENT announced the order of the day, being Mr. Murray's resolution proposing to abolish the Courts of Common Pleas, as follows:
Resolved, That the committee on the Judiciary be instructed to report a bill providing for the abolition of the Court of Common Pleas, transferring the business thereof to the Circuit Court, increasing the circuits to not less than thirty, and providing for the holding of three terms per year.
Mr. MURRAY explained the importance of his resolution and urged a vote upon it as a test of the sense of the Senate upon this subject.
Mr. STEELE thought the adoption of this resolution was not the policy for this session. His constituents were not in favor of it. He was astonished when, the other day, the Senator from Greene (Mr. Conley) withdrew a resolution inquiring into the expediency of inaugurating a Surrogate system like that in force in New York. He was not prepared to act today upon this matter. The resolution makes it imperative to report a bill abolishing this system. His constituents were dissatisfied with the Common Pleas system, but they would like to see what is to be put in the place of it before it is abolished.
Mr. WEIR understood the resolution was for the purpose of getting an expression of views upon the subject. He would like to have it sofixed that in vacation they could settle issues. One third of the time of the Court is now used by lawyers in making up issues in Court time. This simple amendment would save at least seventy five thousand dollars a year to parties to law suits in this State. If we do abolish the Common Pleas system, we muse put the probate business into hands that have no other business to attend to. Before voting for the resolution he wanted some other changes made. It is more important to change the law with regard to the making up of issues than to abolish the Court of Common Pleas. He would settle them as they do in New York - instead of summons being issued by the Court, the Attorney serves himself, and if the party demurs, it is settled by the Judge in Chambers. The districts are composed of several counties, and there is more than one Judge for each district. They have eight districts in New York and four Judges in each district. A smaller number of Judges would answer for this State - twenty-two or twenty-four would do,
Mr. HEFFREN offered the following amendment to the resolution:
"Strike out 'thirty,' and insert 'twenty.'
"This only increases the circuits some seven or eight. He was in favor of blotting out this Common Pleas Court and increasing the salary of Circuit Judges.
Mr. BENNETT was in favor of some change of the Judicial system, but was not prepared for the passage of such a peremptory resolution. He woull offer the following as an amendment:
Resolved, That the Committee on the Organization of Courts be instructed to report a bill for the re-organization of our Judicial system, so as to render the same more economical and effective.
Mr. TARKINGTON said his constituents were tired of the Common Pleas system. He had not seen a bill submitted that would mend the township system of doing business in the State, and he was in favor of re organizing that, also.
Mr. McLEAN said two years ago he was in favor of abolishing the Common Pleas system, and he has been strengthened in his opinion ever since. If you desire to diminish litigation in the State, the abolition of this court would tend more than anything else to accomplish that end. $3,600 is paid to Common Pleas Judges in his district, while only $1,000 is paid to the Circuit Judge.
MESSAGES FROM THE HOUSE.
A message was received from the House of Representatives by R. J. Ryan, its Principal Clerk, informing the Senate that the House had passed a resolution requesting the Senate to return the bill (S. 31) providing for holding Courts in Bartholomew county.
Also, that the House had passed a resolution that this General Assembly adjourn sine die on Wednesday, 22d inst.
Also, that the House had passed the bill (H. R 36) to amend section 1 of an act to provide for the extension of the terms of the Circuit Courts, and to authorize the Judges to hold special terms, approved February 12, 1855.
Also, that the House had passed the bill (H. page: 128[View Page 128] R. 73) to raise a revenue for State purposes for the years 1859 and 1860.
In all of these several cases, the concurrence of the Senate is respectfully requested.
ABOLISHMENT OF COMMON PLEAS.
Mr. WALLACE was surprised that so many Senators were opsosed to the Common Pleas system. He was opposed to this continual changing. He thought these propositions were another leap in the dark. The greatest objection to this Court seems to be the expense. He ventured to say there were not six districts in the State where two-thirds of the salary of the Judge was not, derived from fees. Not one salary comes in full from the county treasury, he would venture to say. In his district, (Montgomery and Boone,) the fees pay entirely the salary of the judge. If the principal amount of salary arises from fees in that Court, the county nor State does not pay it - nobody but the losing party pays it.
He undertook to say if you strike down this Court there will be inevitably a suspense of justice. For two terms past, there has been no litigation of a civil character of any importance in his district, in the Circuit Court, because there were so many criminal cases on the docket. Thus you see the entire judicial business of the county could never be discharged by one single court. If it is true that the fees pay the salary car, there be a more economical system proposed? and if the time of Circuit Judges is now nearly all fakeri up with criminal cases, how can they find time to transact the Common Pleas business?
Mr. STEVENS said his constituents were well enough pleased with the Common Pleas system. The people generally are satisfied with it. He was opposed to radical changes; when a system acts well and the people are satisfied with it, he was in favor of letting it alone. The people don't feel free to approach a Circuit Judge; but they can talk with Common Pleas Judges more freely, because they associate with them every day,and they do not approach the Common Pleas Judge with as much awe as they do the Circuit Judge. He was not prepared to make a speech upon the subject, but he was opposed to changes; the people would have to be continuallly upon the wing to keep up, if the Legislature of the State begin to make them.
He thought the people were not prepared for the change.
Mr. CONNER could not allow a vote without expressing an opinion. So far as he has heard an expression of opinion, no course has been of more satisfaction to the people than the Common Pleas system. No two Senators that had addressed the Senate have agreed upon any new system proposed. He would vote against the resolution and against the amendments.
Mr. HENDRY was in favor of a change, but could not designate what that should be. A change might be effected for the better.
Mr. RICE was satisfied with the Common Pleas system, and he believed the people on the Wabash were. If any plan were matured which would be better than the Common Pleas, he might consider it, however. The great object would be to prune the judicial system, and amend it if we can to advantage. He was in favor of perfecting the system rather than abolishing it.
Mr. STEELE said it was premature to adopt the resolution. He would rather bear with the present system than to adopt one far worse. It is not the expense his people object to. It is that estates are eat up by this court. The Clerks' costs are great, and so are the Attorney's fees. He was not on the side of Attorneys, but upon the side of those unfortunate persons who have estates fo settle.
Mr BOBBS said this was a question in which his constituents had an abiding interest. Take the item of probate business alone in Marion county, and add the criminal business, and where will you find a Court that can discharge the duties of such a Court, and do it well? The objection that this Court has been expensive, he thought far-fetched. In this county it pays the expenses of the Judge. It is a self-sustaining Court, excepting the expenses of the jury. The docket fees of the Common Pleas Court for this county, show that in the last year, thirteen hundred dollars have or will be collected, while the Judge's salary is only eight, hundred dollars, and the business and incidental expenses one hundred and fifty dollars. No Circuit Court can do all the business of this district, he ventured to affirm, and until he saw something that would meet our wants, he would vote against the resolution.
A motion to adjourn was voted down.
Mr. WALLACE moved that the resolution and pending amendmendments lay upon the table, but, withdrew it at Mr. Murray's request.
Mr. CRAVEN did not understand that if this resolution is adopted, the Common Pleas are abolished. If we have but one Court, his preference would be for the Circuit.
When he concluded, on motion -
The Senate adjourned.
