way. There was neither necessity for the resolution, nor for the appointment of a Commissioner. Depositions could be taken, as in other cases, on notice.
Mr. HAMILTON, of Boone, gave the reasons which determined the Committee not to take the suggestions of Mr. Firestone.
Mr. POWER. It was a fact known to the committee, that notice of depositions was duly served, and that the contestee's attorney was present at the taking, though he would not then become an attorney of record. There was a "nigger in the wood-pile."
Mr. FIRESTONE. Had not attempted to interfere with the investigation. He would have his rights - would stand up for them on all occasions.
Mr. DOBBINS asked for a fair showing for the minority of the committee. If the majority would consult the minority, this matter could be settled in Committee. Democrats placed no nigger in the wood-pile - the imputation came with a bad grace from the gentleman from Kosciusko.
Mr. MURRAY was satisfied the House did not understand the resolution of yesterday - refusing to concur. The matter was taken out of the hands of the committee, and they were helpless; and they were now merely making a suggestion for progress. It was a work of peculiar modesty in Mr. Firestone to suggest commissioners, and reprimand the committee for not accepting his suggestions, he would never submit to such dictation. He wanted a disinterested commissioner. He rehearsed the committee's proceedings
Mr. DAVIS suggested that Judge Stanfield be authorized to take these depositions in the recess.
Mr. Hamilton, of Boone, accepted this modification of his resolution.
So the resolution was adopted.
COUNTY SEAT OF PERRY.
On motion by Mr. SMITH, of Perry, (the order of business being suspended for the purpose,) his bill (H. R. 79) for the relocation of the county seat of Perry county, (at Cannelton,) was considered and passed the third and last reading in the House of Representatives - yeas 91, nays 1, with an amendment of title, so as to read: "An act to provide for the relocation of county seats and county buildings, where two thirds of the voters of any county have petitioned for relocation, designating the site and a house to be used as a Court house, and where a deed has been executed; and to provide for the limitations of actions growing out of such relocation, and for the donation of the former county property."
BLIND SCHOOL EXHIBITION.
Mr. COLLIER submitted the following:
Resolved, That the Superintendent of the Asylum for the Deaf and Dumb, and the Superintendent of the Asylum for the Blind, are respectfully invited to give exhibitions of the proficiency of the pupils in their schools, respectively, before the members of this General Assembly.
Mr. EDWARDS. I understand that the Superintendent of the Blind School proposes to give an exhibition to-night.
The SPEAKER. I have such a notice.
Mr. EDWARDS. I move to lay the resolution on the table.
The motion was agreed to by consent.
The SPEAKER. The Superintendent of the Blind Asylum desires me to lay before the members and officers of the House an invitation to appear at the Asylum to-night at candlelight, and witness an exhibition of the proficiency of his pupils.
DEBATE.
Mr. MURRAY submitted the following:
Resolved, That no member of this House shall be permitted to speak more than fifteen minutes on any question under consideration, without unanimous consent of the House.
Mr. DOBBINS moved to lay the resolution on the table.
Mr. MURRAY demanded the yeas and nays, and the resolution was rejected - yeas 73, nays 22.
TEMPERATURE OF THE HALL.
Mr. TREADWAY submitted the following, which was adopted:
Resolved, That a select committee of five be appointed to investigate the condition of this Hall, and ascertain whether better arrangements cannot be had for warming and ventilating the same during the coming session, and that they report as soon as practicable.
DEBATE ON ELECTION OF UNITED STATES SENATORS.
Mr. BROTHERTON submitted the following :
WHEREAS, The gratifying intelligence has been received that there are a number of members of this House, who are yet desirous to deliver speeches to the same, on the bill providing for the election of United States Senators : therefore be it
Resolved. That all those members who are desirous to make speeches on said bill, are hereby respectfully requested and positively required to postpone the delivery of said speeches until the next regular meeting or this General Assembly, and said speeches, when delivered, will be received by this House with like effect as if the same had been delivered before any action was taken on said bill.
Mr. EDWARDS. The resolution, no doubt, was offered in jest, but I can very properly move to lay it on the table, as I do not intend to take up the time of the House on any subject.
Mr. BROTHERTON. In justice to Democrats around me, I have this to say, that they have had no hand in getting up this resolution. I am responsible for it all myself, here and elsewhere. [Laughter.]
Mr. HAMILTON of Boone. Debate should page: 138[View Page 138] close on this question. Every member has his mind made up.
Mr. DOBBINS would claim the privilege of speaking whether the resolution passed or not.
Mr. MURRAY. The three parties had been represented on this question, each by two speeches.
On motion, by Mr. EDWARDS the resolution was laid on the table.
DEBATE.
Mr. MILLER submitted the following:
Resolved, That any member occupying the time of this House, in debating political questions, after the settlement of the Senatorial question, shall pay the expense of the time of the session of the House during such debate computing the daily sessions at six hours each.
The SPEAKER. The resolution is out of order.
COMPENSATION OF MEMBERS.
Mr. THOMPSON, of Madison, submitted the following:
Resolved, That the Committee on Fees and Salaries be instructed to draft a law reducing the compensation of members of the General Assembly to two dollars per day, and report such bill to this House for action as soon as possible.
Mr. COLGROVE. I move to amend, by inserting seventy-five cents. [Laughter.]
Mr. POWER proposed four dollars a day.
On motion by Mr. BRANHAM, the subject was laid on the table.
ELECTION OF STATE PRINTER.
Mr. MURRAY submitted the following:
Joint Resolution for the election of State Printer:
Resolved, That the House will, if the Senate concur, on the 16th day of December, 1858, at 2 o'clock, P.M., proceed in the Hall of this House to elect a State Printer.
Mr. KEEPER. I move to lay it on the table.
Mr. MURRAY demanded the yeas and nays, and they were ordered.
Mr. DOUGHERTY. There is a special order for to-morrow.
The SPEAKER. It would be competent for the House to change the special order.
The vote resulted, yeas 53, nays 46, as follows:
YEAS - Messrs. Black, Blythe, Bowman, Carr, Claypool, Clayton, Clements, Collier, Dobbins, Dougherty, Durham, Early, Eastham, Edwards, Firestone, Gifford, Gregory, Hancock, Harney, Hartley, Jordan, Keefer, Kelly, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Massey, Merrifield, Nelson, Newton, Parrett. Prosser, Row, Rynerson, Shields, Shockley, Shull, Smith of Perry, Snyder, Stanley, Stinson, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler, and Wood - 53.
NAYS - Messrs. Austin, Baird, Boyd, Boxley, Branham, Brotherton, Cavins, Colgrove, Comstock, Cotton, Davidson, Davis, Duvol, Fordyce, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harrison, Hunter, Jeffries, Johnston, Jones, Mansfield, Mellett, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Parks, Power, Robinson, Scott, Sherman, Smith of Miami, Stanfield, Stiles, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman, and Mr. Speaker - 46.
So the resolution was laid on the table.
ACTIONS ON CONTRACTS.
Mr. PROSSER introduced a bill (No. 86) to amend section 33 of the Loan Reform Act of June 18,1852, so that all actions against makers of written contracts shall be brought in the county where the maker resides, except where a capias ad respondendum shall have been first filed.
CANCELLATION OF BONDS.
Mr. BRANHAM introduced a bill (No. 87) to amend section 6 of the Act in relation to applying certain funds therein named, to the payment of the public debt, approved June 15,1852, so as to provide for the cancellation of purchased bonds.
Mr. MARTIN introduced a bill (No 88) to amend section 14, of the Act providing for the election of Justices of the Peace, and defining their jurisdiction, powers and duties in civil cases, approved June 9, 1852.
Mr. SMITH, of Miami, introduced a bill (No. 89) to amend the third section of the Act to incorporate the town of Peru, approved February 14,1848.
Mr. COLGROVE. The bill, proposing to amend a local law, it appeared to him, infrioged on the Constitution.
Mr. POWER introduced a bill (No. 90) to repeal the Act entitled An Act to establish a Court of Cancellation, approved June 11, 1852.
Mr. STANLEY introduced a bill (No. 91) to prohibit clerks and their deputies of the Supreme, Circuit and Common Pleas Courts from practicing as an attorney and consellor at law declaring it a misdemeanor in any clerk of the Circuit and Common Pleas Courts to refuse to issue summons, and providing punishment for the same.
Mr. HAMILTON, of Boone, introduced a bill (No. 92) to prevent the carrying of concealed and dangerous weapons, and to provide punishment therefor.
APPRAISEMENT OF REAL ESTATE.
On motion of Mr. DAVIS, the message for the Senate, transmitting the action of that body on the amendmeuts of the House of Represeutatives, to the bill (S. 3) for the appraisement of real estate, &c. The Senate refused to concur in the following amendments of the House of Representatives:
Striking out the proviso of the first section, and substituting matter, as before reported in this paper.
Striking out the proviso of section five, and -
Mr. Stanfield's amendment to the 24th section, repealing sections 32, 33, 34 and 35 of the as sessment act of June 21,1852.
Mr. DAVIS moved that the House insist on these amendments. If we recede, the mode provided for assessing a large amount of railroad property will be lost.
Mr. BRANHAM moved to amend the motion, and that the House recede.
Mr. DAVIS. All our railroad property has passed away into the hands of foreigners, and whilst they come here and operate their railroads he would have them taxed as other people.
Mr. BRANHAM was as willing as any member to have railroad property taxed as any citizen or corporation is taxed. As he understood the existing law it was so taxed. But if not he did not think the amendment would better it.
Mr. STANFIELD said there was a misunderstanding between the two Houses in relation to this amendment. The purpose of this law was page: 139[View Page 139]appraise the realty of the State, without reference to personal property. The Senate refused to concur in the amendment repealing certain sections of the appraisement law of 1852. The law of 1852 regarded and treated this property (their superstructures) as personal property; and it provided for its valuation with their other personal property, which was apportioned among the several counties through which the road runs. Now we propose to include and tax as real property all permanent superstructures in the several counties along the line of the road. But to perfect the system proposed, another bill will be introduced and matured for the appraisement of personal property, so as to give each county its just share ot tax on railroad property. He had before shown, more as length, that under the present law many counties were deprived of their share of tax on railroad property, because of the inability of the revenue officers to acquire any precise knowledge of the amount of property belonging to railroads. He had seen that in several counties there was no evidence of any taxation upon railroad property. By the mode pointed out in the amendment, this property could not fail of coming on the list. Under its provisions all the permanent railroad property is to be appraised. The rolling stock and machinery will go as personal property. He thought that in this way we would adopt a more perfect system, and trusted the House would adhere. He had no objection to the appointment of appraisers by the County Boards, &c.
Mr. HAMILTON, of Boone, said the law as it stands at present on this subject of assessing railroad property was on pages 113, 115 of Statutes. He rehearsed its provisions, and gave objections to the amendment proposed. It would make the law worse.
Mr. NEBEKER, of Warren. The gentleman from St. Joseph seemed to have overlooked the provision on page 115. The provisions of the law were perfect and complete, and the amendment was not complete. It was only necessary to compel the revenue officers to do their duty.
Mr. DAVIS. How was it that railroad property was taxed at one-tenth of the original cost? Might it not be because the valuation is made by their own employees. Under the operation of the amendment of the gentleman from St. Joseph, we might get at it. The revenue officers did not hold their places by appointment of the railroad companies or of interested parties.
Mr. PARKS spoke in favor of insisting upon Mr. Stanfield's amendment.
Mr. BRANHAM insisted there was no mode of getting at, the real value of railroad property better than the present - through the officers of the company If we proposed to tax the cost of the road, it would be another thing. A large portion of railroad property was moycable from county to county, and so it might escape assessment. The amendment, he thought, would enable the company to reserve from taxation at least one half their personal property. As he understood the amendment, you assess the property where found.
Mr. STANFIELD said his amendment did not contemplate the personal property of railroads. When we came to that, he supposed, in regard to the assessment of personal property, we would adopt something like the present system. It seemed to him that these superstructures, &c., were reality, and should be regarded as such in our assessments, and that for purposes of taxation it should belong to the county where it is situated.
The House refused to recede, and then the House insisted on its amendments.
Mr. EDWARDS said one of the amendments of the gentleman from St. Joseph was concurred in by the Senate.
Mr. STANFIED. But it was necessary that those sections in the appraisement act of 1852 should be repealed, or this property would be taxed twice.
The House then took a recess till 2 o'clock.
AFTERNOON SESSION.
ELECTION OF UNITED STATES SENATORS.
On motion of Mr. DAVIS, the special order was dispensed with, and the House resumed the consideration of the bill (S. 28) to provide the time, place and manner of the election of United States Senators; the question being on Mr. Davis's engrossed amendment, modifying the emergency clause.
Mr. DOBBINS took the floor, but gave way for -
Mr. TURPIE. He was heard at length in opposition, and in reply to Mr. Speaker Gordon, and Mr. Blythe.
Mr. DOBBINS spoke on the same part, reviewing the debate.
After further debate by Mr. Speaker Gordon (Mr. Davis in the Chair) Mr. Dobbins and Mr. Turpie -
Mr. BRANHAM demanded the previous question, and there being a second, the main question was ordered and taken, viz: on the adoption of the amendment of Mr. Davis to the sixth section, the vote resulting, yeas 54, nays 45.
So the amendment was adopted: Mr. Turpie filing his motion to reconsider this vote; which was subsequently lost.
On motion by Mr. STANFIELD (the order of business being suspended for the purpose) the bill and amendment was considered as engrossed, and passed the third and last reading in the House of Representatives - yeas 52, nays 45 - as follows:
YEAS. - Messrs. Austin, Baird, Blythe, Boyd, Boxley, Branham, Brotherton, Cavins, Collier, Comstock, Cotton, Davidson, Davis, Duval, Edwards, Fordyce, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harrison, Hunter, Johnston, Jones, Mansfield, Mellett, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Parks, Power, Ritter, Robinson, Row, Rynearson, Scott, Sherman, Shields, Smith of Miami, Stanfield, Stiles, Stinson, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr. Speaker - 52.
NAYS. - Messrs. Black, Bowman, Carr, Claypool, Clayton, Clements, Dobbins, Dougherty, Duaham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Keefer, Kelly, Kernpf, Knowlton, Lawhead, Lewis, McLain, Major, Massey, Merrifield, Nelson, Newton, Parrett, Prssser, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 45.
So the bill passed - the title as above written.
page: 140[View Page 140]FUND COMMISSIONERS BILL.
On motion of Mr. BRANHAM, the special order, to wit: the consideration of the Committee on Ways and Means' bill (H. R. 72) to provide for the election of a Board of Fund Commissioners, &c., on the second reading thereof -
The bill was read through by the Clerk.
Mr. DAVIS proposed to amend the 19th section by adding : "Provided however, that this Act shall only remain in force for the period of three years from and after its passage."
The SPEAKER. The bill is on the third reading.
Mr. DAVIS was willing to go for the bill as a temporary measure, but would hardly give it support as a permanent measure. Was there any mode provided for the care and management of those funds when the term of the present Fund Commissioners shall expire?
Mr. COLGROVE. There was no such provision of law.
Mr. DAVIS. Then I can support it as a temporary measure.
Mr. EDWARDS insisted that the bill was still on the second reading, the question being on engrossment.
Mr. COLGROVE. The bill has never been ordered to be engrossed.
The SPEAKER. The Chair has been misled by the record. The question is on the amendment.
Mr. SMITH, of Perry, addressed the House in favor of, and in explanation of the bill.
Mr. Davis' amendment was adopted.
Mr. HARNEY took the floor in opposition to the bill, and on his motion, at 4:20 o'clock,
The House adjourned.
