HOUSE OF REPRESENTATIVES.
WEDNESDAY, December 15, 1858.The Journal of yesterday was read.
LIQUOR TRAFFIC.
Mr. AUSTIN presented the memorial of members of the Western Yearly Meeting of Friends, composed of that portion of said society residing in the western part of the State of Indiana and the eastern part of the State of Illinois, asking for a law to suppress the traffic in intoxicating liquors, which was read and referred to the Committee on Temperance.
SCHOOL TAX.
Mr. PARKS, from the committee on the Rights and Privileges of the inhabitants, returned the resolution inquiring into the expediency of amending the Constitution so as to give to towns and civil townships the power to levy taxes for school purposes, recommending a change so far as to give such power to towns only.
On motion, by Mr. MURRAY, the consideration of the subject was postponed and made the special order for Thursday 2 o'clock.
Mr. STILES, from the Judiciary Committee, returned Mr. Nebeker of Warren's bill (H. R. 50) defining the misdemeanor of an assault, and recommending that the same be indefinitely postponed.
The report was concurred in.
Mr. EDWARDS, from the Select Committee, on that subject, returned Mr. Merrifield's bill (H. R. 20) to amend the 4th section of the game law, with an amendment.
On motion, by Mr. TURPIE, the report was laid on the table.
CONTRACT FOR PUBLIC BINDING.
Mr. DURAM submitted the following, which was adopted:
Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of separating the Public Printing and Binding, and letting out the binding to the lowest responsible bidder, whw will give bond to do such binding in the best style and shortest time, and report the result of such inquiry to this House.
JUSTICES OF THE PEACE.
Mr. HARTLEY submitted the following which was adopted:
Resolved, That the Committee on County and Township Business be instructed to inquire into the expediency of so changing the jurisdiction of Justices of the Peace as to extend the same to $200, and so as to make debts collectable in the townships in which they are contracted.
THE HUNTINGTON AND WHITLEY CASE.
Mr. HAMILTON, of Boone, submitted the following:
Resolved, That the Hon. John B. Firestone and the Hon. Caleb W. Edwards be and they are hereby authorized, each by himself or attorney, to take depositions, in the ordinary way, to be read and used as evidence by and before the Committee on Elections of the House of Representatives, in the case where the said Edwards is contestor and the said Firestone is contestee; and that the said parties place the said evidence before the said Committee, or deliver the same to the Chairman thereof, at an early day of the next session of this General Assembly, and that the said testimony so taken shall be all that shall be entitled before said Committee, except oral testimony, and except the House shall order otherwise.
Mr. DOBBINS objected to the resolution. This contest was not brought on by Dr. Firestone, and the House could not in justice require of him such labor and expense. He would have persons disinterested to take these depositions; and both these gentlemen were directly interested. On the doctrine of the gentleman from Marion, (the Speaker) advanced in his speech of yesterday, Mr. Firestone was now, to all intents and purposes, a member of this House, and therefore the expense involved in the contest for his place should not be thrown on him.
Mr. HAMILTON, of Boone. This was a new doctrine, that would exempt Mr Firestone from expense. He had proposed this plan, thinking it would be satisfactory,economical to the State, and that the work could be done in the vacation of the session of the General Assembly. There was, (he alleged) a disposition to postpone this matter on the part of the defense.
Mr. FIRESTONE denied the imputation of a desire to cause delay. He had suggested Mr. James H. Holland as a high minded Republican, and proper Commissioner to take testimony. He had confidence in Holland. The Judge of Common Pleas was suggested by the Committee on Elections.
Mr. MURRAY. He was suggested by Mr. Harney.
Mr. FlRESTONE desired only that the investigation proceed fairly.
[A message from the Governor now announced his Excellency's approval of the bill (S. 31) fixing the time of Common Pleas in Bartholomew.]
Mr. HARNEY rehearsed the action of the committee, expressing his desire thit this matter might be settled without partisan feeling or influence. The resolution had been brought so suddenly before the House, that he was hardly prepared to decide how he should vote upon it, and would prefer that the matter be left to the committee.
Mr. STANFIELD saw no necessity for the resolution. He read the statutory provision, that either party may take depositions in the ordinary
