IN SENATE.
THURSDAY, December 16,1858.The Journal of yesterday was read.
PETITION ON TEMPERANCE.
Mr. BEESON presented the memorial of an Indiana Yearly Meeting, composed of that portion of the religious society of Friends, residing in the western part of Ohio, and eastern and northern parts of Indiana, and in the State of Iowa, respectfully asking the passage of such a law, or laws, as shall, within the Constitution, most effectually prevent, throughout the State, the evils arising from the sale and use of intoxicating liquors.
The memorial was read through.
Mr. BEESON moved its reference to the Temperance Committee, and it was so referred.
CALUMET FEEDER DAM.
Mr. MARCH, from the Judiciary Committee, to whom was referred the bill (H. R. 32) to repeal an Act authorizing the State of Illinois to maintain the Calumet Feeder Dam, &c., approved March 7, 1857, reported the same back and recommended its passage.
The report was concurred in by consent, and the bill was read by the title the second time.
On motion by Mr. MURRAY, the bill was considered as engrossed, read through the third time, and finally passed by yeas 41, nays 1 - Mr. Williams; absent and not voting, Messrs. Cooper, Bobbs, Culver, Gooding, Slack, Stevens, Wallace and Weir.
The bill was then read and adopted.
ALIENATION OF REAL PROPERTY.
Mr. CONNER from the Judiciary Committee, to whom was referred Mr. Hamilton's bill (S. 21) to amend an Act concerning real property and the alienation thereof, approved May 6,1852; reported the same back and recommended its passage, with an amendment striking out the word "purchase," so that the section will read, "any alien may acquire and hold lands by [purchase] devise or design.
The report was concurred in, and the bill read a second time by its title.
On motion by Mr. HEFFREN the bill was considered as engrossed, read through a third time, and finally passed the Senate by yeas 42, nays 0; absent and not voting the same as in the above vote.
The title was then read and adopted.
Mr. WEIR made an ineffectual motion to suspend the order of business and take from.the table messages from the House of Representatives.
Mr. CONNER, from the Committee on Corporations, to whom was referred the bill (H. R. 19) to secure the service of process in actions against corporations, created by the General Assembly of this State, which have no officer or person doing business in counties in which they exercise corporate powers, reported the same back and recommended its passage.
The report was concurred in, and the bill read by its title the second time.
On motion by Mr. CONNER the bill was considered as engrossed, read through a third time and finally passed by yeas 47 - nays 0; absent and not voting Messrs. Cooper, Slack and Wallace.
The title was then read and adopted.
THE OLD STATE BANK.
Mr. STEELE, from the Committee on Banks, to whom was referred a resolution of the Senate inquiring whether legislation is necessary on the subject of the winding up of the State Bank and the funds of the State connected therewith, have directed me to report bill (No. 102) upon that subject, and recommend its passage.
The report was concurred in by consent.
Mr. Steele's bill (S. 102) entitled an Act to continue the present Board of Sinking Fund Commissioners from January 1, 1859 to April 1,1859, was read through the first time.
On motion by Mr. STEELE the rules were suspended - yeas 45, nays 1 - the bill read by its title the second time and passed to the third reading.
Mr. CONNER moved that the order of business be suspended and messages from the House taken up.
SALARIES OF JUDGES AND ATTORNEYS.
Mr. HAMILTON obtained unanimous consent to introduce a bill (No. 103) relative to the salaries of Supreme and Circuit Judges and Prosecuting Attorneys; which was passed the first reading.
[The bill allows Supreme Judges $2,000, Circuit Judges $1,500 and Prosecuting Attorneys $400 per year, and contains an emergency clause.]
page: 141[View Page 141]LIQUOR LAW.
M. GOODING, by unanimous consent, submitted the following report from the Committee on Temperance.
Mr. PRESIDENT: The majority of the Committee on Temperance, to which was referred House bill No. 23 entitled, "A Bill to repeal an act entitled, An Act to prohibit the manufacture and sale of spirituous and intoxicating liquors except in cases therein named, and to repeal ill former acts inconsistent herewith, and for the suppression of intemperance, approved February, 1855," have considered the same, and have directed me to report the same back to the Senate without amendment, and recommend its passage.
The report was concurred in by consent, the Bill read by its title the second time, and ordered to be engrossed for the third reading.
THE GAME LAW.
Mr GOODING obtained further leave to make the following report from the same committee:
Mr. PRESIDENT: The Committee on Temperance, to which was referred Senate bill No. 42, entitled, "An Act to repeal in act to provide for the protection of wild game, defining the time in which the same may be taken or killed, and declaring the penalty for the violation of this act, approved February 26,1857," have had the same under consideration and have been unable to agree upon the propriety of the passage of said bill, and have directed me to report the same back to the Senate without any recommendation whatever, and ask to be discharged from the further consideration of the same.
Mr. HEFFREN moved that the bill and report lay on the table as a test question.
Mr. CARNAHAN moved to lay the motion on the table.
The PRESIDENT [Mr. Cravens in the chair] decided the question to be upon Mr. Heffren's motion.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 31, nays 15 - as follows:
YEAS. - Messrs. Anthony, Beeson, Bennett, Blair, Bobbs, Brown, Cravens, Craven, Culver, Fisk, Hamilton, Heffren Hendry, Hill, Johnston, Kinley, McLean, March, MillIer, Murray, O'Brien, Odell, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner, Weir and Wilson - 31.
NAYS. - Messrs. Carnahan, Cobb, Conley, Conner, Gooding, Green, Hargrove, Line, Lomax, McClure, Shoemaker, Studabaker, Tarkington and Williams - 15.
So the bill lays upon the table.
RE-APPRAISEMENT OF REAL ESTATE.
Mr. CONNER modified his motion so as to imbrace only the Senatorial and appraisement blls.
The motion was agreed to.
Mr. Tarkington's bill (S. 3) from the House of Representatives, insisting upon their amendments, that the assessors elected under the provisions of this bill, shall have power to appoint their own deputies; striking out the proviso in section 5, and repealing sections 32, 33, 34 and 35 of an act approved June 21, 1852.
Mr. TARKINGTON moved that the Senate insist upon disagreement, and ask for a committee of conference to consist of three.
The motion was agreed to.
The PRESIDENT [Mr. Cravens in the Chair] appointed Messrs. Tarkington, Heffren and March, said committee on part of the Senate.
ELECTION OF UNITED STATES SENATORS.
Mr. Hargrove's bill (S. 28) in relation to the time, place and manner of the election of United States Senators, coming from the House of Representatives with an amendment striking out the 6th section and inserting an emergency clause in lieu thereof, was taken from the table.
Mr. HEFFREN moved that the Senate concur in the amendments proposed by the House of Representatives.
The amendment was concurred in by consent.
A point of order being raised -
The PRESIDENT (Mr. Cravens in the Chair) decided that it required the reading of the bill by sections, its passage, as amended, by yeas and nays, and a majority of the whole number of Senators elected voting for it.
Mr. MURRAY appealed from this ruling by the Chair.
Mr. BOBBS demanded a call of the Senate.
The call was proceeded with and the Secretary reported Messrs. Cooper, Jennings and Slack absent.
Mr. WEIR moved that Mr. Jennings and Mr. Slack be sent for.
The motion was agreed to.
On motion by Mr. WAGNER, Mr. Cooper was sent for.
When the Door-keeper returned with these Senators -
On motion by Mr. CONNER the proceedings in the call were dispensed with.
Mr. MURRAY withdrew his appeal.
The bill (S. 28) was then read through as amended by the House of Representatives.
The PRESIDENT (Mr. Cravens in the Chair) deciding that this was the reading of the bill upon its final passage.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 27, nays 22, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Blair, Bobbs, Brown, Conner, Cooper, Cravens, Craven, Culver, Gooding, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner and Weir - 27.
NAYS - Messrs Carnahan, Cobb, Conley, Fisk, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Studabaker, Tarkington, Wallace, Williams and Wilson - 22.
Mr. ANTHONY, when his name was called, said be voted under protest and should not be responsible for consequences.
Mr. GOODING, when his name was called, said: I wish to say that, in giving the vote I now give, I express no opinion, as I understand it, with reference to the election of Bright and Fitch as Senators, either for or against.
Mr. WALLACE, when his name was called, said he should vote no, because he wished to mature and pass the bill of his own upon the same subject.
So the bill passed.
The title was then read and adopted.
The PRESIDENT (Mr. Cravens in the Chair) directed the Secretary to report to the House of Representatives that the Senate had concurred in the amendments of the House and passed the bill.
An ineffectual motion was made to take a recess till 2 o'clock.
page: 142[View Page 142]INCORPORATION OF CITIES.
Mr. ANTHONY, by unanimous consent, introduced a bill (No. 104) to amend the 18th section of an act to repeal the general laws now in force for the incorporation of cities, to provide for the incorporation of cities, prescribing their powers and rights, &c., approved March 9, 1857, which was passed the first reading.
CHOOSING OF UNITED STATES SENATORS.
Mr. WALLACE moved to take from the table his bill (S. 91) regulating the choosing of United States Senators, with a view to its reference.
The motion was agreed to.
Mr. WALLACE moved its reference to a committee of five, with the following instructions:
Amend the bill by striking out section 6, and inserting the following:
SECTION 6. Such designation shall have the effect of instruction to the General Assembly to carry out the popular will by choosing the person designated as a United States Senator, and the General Assembly shall, at 2 o'clock P. M., on the second Tuesday of the session at which a United States Senator is to be chosen, and proceed to choose such Senator.
Mr. HEFFREN said he should oppose the bill because he believed it to be in conflict with the Constitution of the United States.
Mr. WALLACE spoke in favor of his bill; explaining its features and urging its importance. During his remarks he said: Will the Senator from Washington (Mr. Heffren) tell me that if all the other counties of the State should vote for and designate a Republican for United States Senator, and his counties should be the only ones voting no, it would be right for him to come up here and vote to refuse to carry out the will of the people of the State?
Mr. HEFFREN. Yes, sir. I most certainly would.
Mr. Wallace's motion was agreed to.
The PRESIDENT (Mr. Craven in the Chair) appointed Messrs. Wallace, Gooding, Tarkington, March and Anthony said committee.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. TARKINGTON moved to suspend the rules and take up Mr. Heffren's bill (85) to suppress the circulation of shinplasters.
The motion was rejected.
Mr. MURRAY moved to proceed to the orders of the day, and take up bills from the House on the third reading
Mr. TARKINGTON made an ineffectual move to lay this motion on the table.
The motion was agreed to.
MAINE LIQUOR LAW.
The bill (H. R. 23) to repeal an act prohibiting the manufacture and sale of spirituous and intoxicating liquors, &c., approved February 16, 1855, 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 35, nays 11, as follows:
YEAS - Messrs. Anthony, Bennett, Blair, Brown, Carnahan, Cobb, Conley, Conner, Cravens, Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Jones, Line, Lomax, McCIure, McLean, Miller, Murray, O'Brien, Odell, Rice, Robinson, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Weir, Williams and Wilson - 35.
NAYS - Messrs. Beeson, Green, Hendry, Hill, Kinley, March, Steele, Stevens, Thompson, Turner and Wagner - 11.
Mr. BOBBS, when his name was called, said that when on the stump, he told his constituents he would vote neither for nor against the repeal of this law unless he was instructed. He refused to vote.
Mr. MARCH, when his name was called, said he never was an admirer of this law, but as the Supreme Court has repealed all that part of the law which was objectionable, he saw no necessity to go through the form of repeal until we get some law in its place.
Mr. MURRAY, when his name was called, said: I voted for this bill four years ago, believing it to be right, and I believe it to be so now, but the Supreme Court have riddled the thing so as to leave nothing of the original bill.
Mr. STEVENS, when his name was called, said, he did not like to vote for the repeal of this law because it will leave no law upon the subject on the Statute books. He would vote for the repeal of this law if we had any law on the subject in existence.
So the bill passed.
The title of the bill was then read and adopted.
LEGALIZING DEEDS, &C.
The bill (H. R. 38) legalizing acknowledgments of deeds, mortgages and other instruments recorded and taken by clerks and others, taken after the reception of the Revised Statutes of 1852, in their respective counties, coming up on the third reading, was finally passed by yeas 38, nays 9.
FIDUCIARY TRUSTS,
The bill (H. R. 39) regulating the collection of judgments on sale of property, on actions against any person, officer or corporation, or their sureties receiving or holding money in a fiduciary capacity, coming up on the third reading, was finally passed by yeas 32, nay; 16.
MESSAGE FROM THE HOUSE.
A message from the House of Representatives announced the passage by that body of a bill providing for the punishment of officers of election for neglecting to receive legal votes; also, the bill (H. R. 9) to prevent the circulation of unauthorized paper currency.
CHURCHES.
The bill (H. R. 43) to enable churches to form unions, assume a new name, appoint trustees to hold property, &c., coming up on the third reading, was finally passed by yeas 42, nays 7.
PUBLICATION OF LEGAL ADVERTISEMENTS.
Mr. Green's bill (S. 41) in relation to the publication of legal advertisements by consent:
[This bill provides that advertisements maybe published once a week in daily papers for the three weeks required by law.]
On motion by Mr. BOBBS the vote by which the bill was ordered to be engrossed was reconsidered, and the bill referred to a special committee of three.
The PRESIDENT (Mr. Cravens in the Chair) page: 143[View Page 143]appointed Messrs. Bobbs, Rice and Gooding said committee.
PROTECTION OF LAWFUL ASSEMBLAGES.
Mr. Wagner's bill (S. 74) to prevent disturbances of lawful assemblages, was read through the third time.
On motion by Mr. WAGNER the bill was referred to a special committee of three.
The PRESIDENT (Mr. Cravens in the Chair) appointed Messrs. Wagner, Heffren and O'Brien said committee.
Mr. JOHNSTON offered the following resolution; was read through the third time.
Resolved, That the House be requested to return the bill (H. R. 41) to the Senate immediately.
Mr. McLAIN moved to lay the resolution on the table. The motion was agreed to.
MISDEMEANORS.
Mr. Hargrove's bill (S. 75) to amend section 63 of an act defining misdemeanors,approved June 14, 1852, coming up on the third reading, was pissed the Senate by yeas 42, nays 6.
MESSAGE FROM THE HOUSE.
A message was received announcing to the Senate that the House of Representatives had appointed Messrs. Stanfield, Brown and Edwards a committee on the House amendments to Mr. Tarkington's bill (S. 3) for the reappraise- of real estate.
COUNTY CLERKS AND THEIR DEPUTIES.
Mr. Cooper's bill (S. 76) prohibiting county clerks and their deputies from practising in the courts in which they are employed, coming up on the third reading, was passed the Senate by yeas 31, nays 18, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Blair, Bobbs, Brown, Cobb, Conner, Cravens, Craven, Gooding, Green, Hamilton, Heffren, Hendry, Hill, Kinley, Line, Lomax, McClure, McLean, March, Miller, Murray, O'Brien, Rice, Shoemaker, Steele, Thompson, Turner and Wagner - 31.
NAYS - Messrs. Carnahan, Conley, Culver, Fish, Har-prove, Jennings, Johnston, Jones, Odell, Robinson, Slack, Stevens, Studabaker, Tarkington, Wallace, Weir, Williams and Wilson - 18.
Mr. Anthony's bill (S. 78) to amend the 196th sect;on of a Law Reform Act, approved June 18, 1852, coming up on the third reading, was passed the Senate by yeas 28, nays 17.
CHOOSING OF MEMBERS OF CONGRESS.
Mr. Cravens' bill (S. 92) changing the time for the choosing of members of Congress, and to provide for their election, was passed the third and last reading, by yeas 35, nays 14, as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Elair Bobbs, Brown, Carnahan, Cobb, Conley, Conner Cravens, Craven, Culver, Gooding, Green, Heffren, Hendry, Hill, Jones, Kinley, McClure, McLean, March, Miller. Murray, Rice, Robinson, Slack, Steele, Stevens, Tarkington, Thompson, Turner, Wagner and Weir - 33.
NAYS - Messrs. Fisk, Hamilton, Hargrove, Jennings, Johnston, Line, Lomax, O'Brien, Odell, Shoemaker Studabaker, Wallace, Williams and Wilson - 14.
Mr. Studabaker's bill (S. 80) supplemental to an act providing for the valuation and assessment of personal property, &c., approved June 21,1852, coming up on the third reading, was rejected by yeas 21, nays 27.
MESSAGE FROM THE HOUSE.
A message was received, informing the Senate that the House of Representatives had passtd Mr. Heffren's bill (S. 11) in relation to the warming and ventilating of county prisons, without amendment.
RAILROAD LIABILITY.
Mr. Conner's bill (S. 82) to amend sections 1 and 2 of an act to provide compensation to owners of animals killed by railroads, &c., approved March 1, 1853, coming up on the third reading, was passed by yeas 38, nays 7.
And then the Senate adjourned.
