HOUSE OF REPRESENTATIVES.
THURSDAY, December 16, 1858.The Journal of yesterday was read.
LIQUOR TRAFFIC.
Mr. HAMILTON, of Wayne, submitted the memorial of the Eastern Indiana Yearly Meeting of the Society of Friends, praying for a law to prohibit the Liquor Traffic, which was read and referred to the Committe on Temperance.
ORGANIZATION OF COURTS.
Mr. BAIRD, from the Committee on Organization of Courts of Justice, returned the resolution to abolish the Court of Common Pleas, &c., and reported a bill (No. 93) to repeal the act establishing Courts of Common Pleas, and defining the jurisdiction and duties of the judges thereof.
Also a bill (No. 94) to provide for the organization of Circuit Courts, for the election of the Judges thereof, and to define the powers, duties and jurisdiction of said Courts; to fix the Judge's salaries, and the number of terms of said Court; to provide for adjourned terms, and repealing all former laws on the subject.
Also a bill (No. 95) giving the clerks of the Circuit Courts probate jurisdiction, defining their powers and duties therein, and fixing their compensation therefor; prohibiting clerks and their deputies from practicing law, prescribing penalties therefor; and repealing all laws in conflict with this act.
Also a bill (No. 96) to provide for the election of, and prescribing certain duties of prosecuting attorneys.
Which bills were severally read and passed the first reading.
Mr. COLGROVE moved to suspend the rules and taken up the bill (H. R.94) to provide for the organization of the Circuit Courts, &c., with a view to a second reading now and an order to print.
Mr. SCOTT was opposed to change, but favored the motion to print, &c.
Mr. PARKS thought a test on the question of change should be had at once. He must see the advantages of the new system before he could go for a change, and was opposed to suspending the rules.
Mr. PARRETT was rather favorable to the Common Pleas Court as it is, but felt that there was great deficiency in the court system, and desired to see the plan for the proposed change, as matured by its friends, in print.
Mr. HALL, of Rush, said it seemed to him page: 144[View Page 144] that the proposed increase of the circuits to thirty would not accomplish much in the way of economy. The Judges of Probate were better paid than other judges. He would like to see a reform of the system.
Mr. AUSTIN saw no great necessity for hasty action - a suspension of the rules for the second reading of this bill. It was an infraction of a constitutional principle which he desired to respect.
Mr. BLYTHE It was not to hasten action on the bills, but to get them before the country for elicitation of opinion thereon - to give time with the means of intelligent reflection.
Mr. MURRAY considered the printing would be thrown away. He preferred first to test the question of the abolition of the Courts of Common Pleas by resolution.
Mr. COLGROVE. The Committee on the Organization of Courts had had that question before them for ten days, and came to the conclusion to do so upon considerations of economy, and now it would be discourteous to disregard their labors, or prevent the examination of the results of their labors - the bills they have now reported. If they were printed now, we could act intelligently upon the subject in the coming regular session.
Mr. BAIRD. There could not be a test question on a motion to suspend the rules.
Mr. AUSTIN. He had only made a constitutional objection.
Mr. DOUGHERTY. A suspension of the rules was due to the committee reporting these bills, which had been prepared, evidently, with much care.
Mr. HAMILTON, of Boone. The intention was to print two of the bills and leave the other two.
Mr. COLGROVE. The other two did not embrace the matter of change which should go to the people.
Mr. HAMILTON, of Boone, concurred with the gentleman from Wayne.
Mr. MURRAY protested against this principle of sweeping out old systems and instituting new ones every time the Legislature ccmes together.
Mr. NEBEKER, of Warren, wished to print.
The rules were suspended by yeas 85, nays 12, and the bill (94) was read the second time by title.
Mr. COLGROVE moved that the bill lay on the table, and that 300 be printed.
Mr. CLEMENTS proposed 500 copies.
Mr. COLGROVE accepted, and the order was made accordingly.
FUND COMMISSIONERS' BILL.
On motion by Mr. MELLETT, the Committee on Ways and Means' bill (H. R. 72) was taken up and recommitted with the following instructions:
Prepare and report four bills, embracing the subjects contained in said bill, each bill to embrace but one subject, and matters properly connected therewith, according to the constitutional provision, as follows:
- Providing for the election of Sinking Fund Commissioners, and prescribing their duties, term of office and compensation.
- Appropriating certain funds to meet the interest on the public debt, pay the current expenses of the State Government and repay the money borrowed for such purposes.
- Establishing tha salary of State Treasurer and defining his duties.
- Providing for the punishment of persons having the management of the public funds for making false drafts, checks, entries or records.
PROBATE BUSINESS.
On motion by Mr. PARRETT (the rules being suspended for the purpose) the committee's bil (H. R. 95) giving the Clerks of the Circuit Courts probate jurisdiction, &c., was con sidered and read the second time by its title.
On motion by Mr. GRIFFIN, the bill was laid on the table and 500 copies ordered to be printed.
HOUSES OF REFUGE.
The SPEAKER now announced the select committee on Mr. Dobbins' resolution relative to the subject of the erection of houses of refuge, namely: Messrs. Dobbins, Davis,Branham, Robinson, Jeffries, Whetzel, Edwards, Harney, Merrifield, Wheeler and Hall, of Grant - one for each Congressional District.
PETIT JURORS.
Mr. BLYTHE, from the select committee on that subject, returned the bill (H. R. 61) prescribing the manner of empanneling petit jurors, recommending that the same do pass.
The report was concurred in, and the bill was ordered to be engrossed.
GAME LAW.
Mr. SCOTT, from a majority of the select committee on that subject, returned Mr. Turpie's bill (H. R. 16) to repeal the Game Law, and the memorial thereon, and recommended the indefinite postponement of the bill.
Mr. TURPIE, from a minority of the same committee, returned the bill with the expression of opinion, that nature has done enough for the protection of wild game without the aid of legislation; that the existing law offering to bribe the informers, is contrary to the spirit of our institutions, and that they recommend the passage of the bill.
On motion by Mr. DAVIS, the subject was laid on the table for the present.
PHEASANTS AND QUAILS.
Mr. EDWARDS, from the select committee on that subject, returned the resolution of the House of Representatives relative to amendments of the Game Law, so as to make it unlawful to net pheasants or quails at any time, with the expression of opinion that such legislation is inexpedient.
The report was concurred in.
TOWNSHIP BOARDS.
Mr. HARRISON, from the Committee on County and Township Business, returned Mr. Turpie's bill (No. 46) fixing the time and the length of the sessions of Boards of Township Trustees, and to repeal the llth section of the act providing for a more uniform mode of doing townshipbusiness, approved May 6,1852, recommending that the bill be laid on the table, as matter superceded by pending legislation.
The report was concurred in.
page: 145[View Page 145]APPRAISEMENT BILL.
A message from the Senate announced that that body insists on its disagreement to three amendments of the House of Representatives to the hill (S. 3) for the appraisement of real estate, and has appointed Messrs. Tarkington, Heffren and March, a committee of free conference on these disagreeing votes.
Also that the Senate has passed the bill (S. 21) amendatory of the act concerning; real property, of May 6, 1852, and the bill (S 63) amendatory of the Swamp Land Act, of May 29, 1852.
On motion by Mr. STANFIELD, the appointment of a committee of free conference on the part of the House of Representatives, with reference to the above disagreeing votes was ordered, and the SPEAKER makes the same to consist of Messrs. Stanfield, Branham and Edwards.
TOWNSHIP BOARDS.
Mr. HARRISON, from the Committee on County and Township Business, returned Mr. Hamilton, of Wayne's, bill (60) to amend the 6th section of the act providing for the organization of County Boards, and prescribing some of their powers and duties, approved June 17, 1852, recommending its passage.
The report was concurred in, and the bill ordered to be engrossed.
BUSINESS OF THE SESSION.
Mr. SHULL submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary inquire into the constitutionality of continuing over to the regular session of the General Assembly, all the unfinished business of this House, in the order in which it stands.
Mr. DURHAM introduced a bill (No. 97) to amend section 3 of the act containing several provisions in regard to landlords and tenants, lessors and lessees, approved May 25,1852; which was read and passed ihe first reading.
UNAUTHORIZED PAPER CURRENCY.
Mr. Martin's bill (H. R. 9) to prevent the circulation of unauthorized paper currency, was considered on the third reading.
Mr. MELLETT explained its object and provisions.
The bill passed the final reading in the House of Representatives, by yeas 94, nays 0.
On motion of Mr. STANFIELD the title was amended by adding these words: "and for the redemption of such as have been heretofore issued or may hereafter be issued, and for the punishment of violations of this Act "
ELECTION OFFICERS.
Mr. Keefer's bill (H. R. 62) for the punishment of election officers refusing legal votes, coming up,
Mr. RITTER made an ineffectual motion to lay it on the table.
The bill passed the final reading in the House of Representatives - yeas 87, nays 0.
The House then took a recess tiil 2 o'clock.
AFTERNOON SESSION.
Mr. CLAYPOOL asked and obtained leave of absence for Mr. Merrifield.
AMENDMENTS OF THE CONSTITUTION.
On motion by Mr. SCOTT, the special order, viz: Mr. Parks' bill (H. R. 59) to amend the State Constitution, was referred to the Committee on the Judiciary.
COUNTY PRISONS.
The bill (S. 11) in relation to ventilating, repairing and warming county prisons, coming up on the third reading, the vote stood - yeas 85, nays 0 0 so the bill passed the House of Repre sentatives without amendment.
PILOTS OF THE OHIO FALLS.
The bill (S. 59) to amend section 3 of the Pilot License Act of June 15, 1852, coming up in order on the second reading -
On motion by Mr. CARR, it was referred to a select committee of three, which the SPEAKER makes to consist of Messrs. Carr, Davis, and Branham.
The bill (S. 5) to amend several sections of the Divorce Act. [It requires one year's residence to be entitled to make application for a divorce; defines causes of divorce, &c.] coming up -
On motion by Mr. BLYTHE, it was laid on the table for the present.
The bill (S. 6) to cure defects in acknowledgments of deeds of conveyance, &c., and doing away with the ink scroll, coming up -
On motion by Mr. CLEMENTS, it was referred to the Committee on the Judiciary.
The bill (S. 20) to authorize incorporations for building towns in this State, coming up -
On motion by Mr. EDWARDS it was referred to the Committee on Corporations.
The bill (S. 34) to provide assessor's lists of farm products every fourth year, coming up - the emergency clause was stricken out by Mr. Turpie's motion -
On motion by Mr. COLGROVE, it was referred to the Committee on County and Township Business.
The bill (S. 60) to amend the act authorizing County Agricultural Societies to hold real estate [exempt seventy-five acres] coming up -
Mr. LEWIS desired the engrossment, and accordingly it was ordered to be engrossed for a third reading.
Mr. Mansfield's bill (H. R. 65) to license, regulate and restrain the sale of vinous, malt and intoxicating liquors, coming up in order on the second reading -
On motion by Mr. DAVIS, it was referred to a select committee of five, which the SPEAKER makes to consist of Messrs. Davis, Stanfield, Harney, Blythe and Turpie.
Mr. Edwards' bill to amend the 5th section and repeal the 10th section of the Appraisement Act of 1852 - [Congressional District Boards of Equalization] - coming up -
Mr. DOBBINS proposed to amend by requiring the District Board for his district to meet at the county seat of Gibson county, which was agreed to.
Mr. COMSTOCK proposed the county seat of Wabash for the place of the meeting of the Board for his district.
Mr. THOMPSON, of Madison, proposed the county seat of Madison county.
page: 146[View Page 146]Mr. HARRISON preferred the amendment of Mr. Comstock.
Mr. Thompson's amendment was rejected, and Mr. Comstock's amendment was adopted.
Mr. LAWHEAD proposed the county seat of Fulton, in his district, which was lost.
[A message from the Senate announced the passage in that body of the bill (H. R. 23) to repeal the Indiana Maine Law of February 16, 1855; the bill (H. R. 38) legalizing deeds since the reception of the Statutes of 1852; the bill (H. R. 39) regulating collections against Sheriffs and others holding money in a fiduciary capacity; the bill (H. R. 45) legalizing highways; and also, that the Senate concurred in the House amendment to the Senatorial Election bill of the Senate, and had passed said bill.]
Mr. HAMILTON, of Boone, proposed to amend the first and second sections, substituting "appraisers of real estate," for "auditors," to constitute the Board of Equalization, which was lost.
On motion of Mr. TURPIE, the bill was referred to the Committee on Ways and Means.
FUND COMMISSIONERS - STATE DEBT.
Mr. BRANHAM, from the Committee on Ways and Means, the rules being suspended for the purpose, introduced a bill (No. 98) to provide for the election of a Board of Sinking Fund Commissioners, prescribing their duties, term of office and compensation.
Also a bill (No. 99) appropriating certain funds to meet the interest on the public debt, to pay the current expenses of the State Government, and repay money borrowed for such purpose,which bills were read through and passed the first reading.
On motion by Mr. HUNTER, the rule being suspended for the purpose, the bill (H. R. 99) was read the second time by its title.
Mr. HARNEY gave his views in opposition to this measure of finance. He was obliged to consider it in connection with the succeeding bill, providing for carrying on the State Government. He objected to the provisions allowing the commissioners to fix their own fees; to the provision authorizing them to use the State credit without restriction of law any more than that now thrown around the Treasurer of State. The Sinking Fund was held by the State in a fiduciary capacity. If money is worth seven per cent, where was the propriety in the State's taking it at six per cent.? The use of the bonds there, as collateral security, was also objectionable. There was the same objections here, as that urged against the Treasurer loaning out the public money. The manner of taking up the Bank Bond debt was very indefinitely pointed out, &c.
Mr. BRANHAM replied. Six per cent, was a better per cent, than seven on mortgages. There was frequently large amounts on hand which were not used. The present law will continue to prescribe the use of this fund, but probably there would be no surplus on hand. How would the gentleman pay the January interest? He could show that the administration of this bill would result in the advantage of the State as well as of the fund. The School Fund could not be appropriated until the bank bonds are redeemed. It must be loaned to somebody, and should not the State be a preferred borrower? We propose not to borrow till we need it; and then to pay back to the fund from which we borrow, on a day certain. It was to be regarded as a sacred fund.
Mr. COLGROVE. The printed bill seems to have been divided up into two or three.
Mr. SMITH, of Perry. The bill (98) contains the first eleven sections, and the 17th section of the printed bill. The other bill (99) contains the 12th, 13th, 14th, 15th, 16th, 17:h, 18th and 20th sections. The 19th section, with reference to the penalty, was referred to the Committee on the Judiciary.
On motion by Mr. HUNTER, the bill was referred to a select committee of five, which the SPEAKER makes to consist of Messrs. Hunter, Colgrove, Branham, Smith, of Perry, and Mellett.
Mr. COLGROVE proposed to instruct the said committee to amendstriking out objectionable matter, and leaving the feature of the election of Fund Commissioners, and the transference of the management of the finances from the Treasurer to the Commissioners. But his amendments would be fatal to the bill.
The SPEAKER. There is nothing before the House.
On motion by Mr. BRANHAM, (the rules being suspended for the purpose,) the bill (H. R. 98) was now considered on the second reading.
Mr. HUNTER moved that it be referred to the select committee on the bill No. 99.
Mr. HARNEY moved to refer it to the Committee on the Sinking Fund - demanding the yeas and nays thereon.
Mr. COLGROVE. The 11th and 12th sections contained the matter about which there would be controversy - the balance would be free from objection. He desired a test vote on a motion to strike out these sections.
Mr. Harney and Mr. Hunter withdrew their motions for this purpose, and Mr. Colgrove submitted his amendment.
Mr. COLGROVE read the 11th and 12th sections, authorizing the Fund Commissioners to pay the State Treasurer's checks for the current expenses of the State; and, if the cash means in said Fund should be insufficient therefor, to negotiate a loan or use collaterally any seccurities in their hands- The surplus of revenue beyond the payment of the interest on the State debt to be applied to the purchase of certificates of the foreign debt of the State: and he proceeded to object to the conferment of this discretion. If the State becomes a borrower of this Fund, she should do so on the same terms which any individual may do so. Besides, this Fund was sacred to common schools. To show that the interests of this Fund would be jeoparded by the bill, he rehearsed that the State was already debtor to the Fund to the extent of $616,681 44 in principal. This should have been entitled to compound interest at 7 per cent.; and the Fund had. in this way, lost already $1,200.000. He spoke more at length, stating his preference to go into the market for money, and strenuously opposing those propositions to make no distinction between the School Fund and any other fund.
page: 147[View Page 147][A Senate message announced their passage of bills to amend section 3 of the Misdemeanor Act of June 14, 1852; to prohibit clerks and their deputies from practising law; to amend section 196 of the Law Reform Act of June 18,1852; to amend sections 1 and 2 of the Railroad Accident Act of March 1, 1852, and to provide the manner of process; and to change the time of the election of members of Congress, and provide for the same.]
Mr. BRANHAM. Part of the speech of the gentleman ought to have been made seventeen years ago. He would repay that debt, principal and interest. Our bonds in New York could not be negotiated for less than six per cent, interest if we buy bonds, it is at par, and we borrow money at six per cent to do it. That was the gentleman's proposition. The question was as to the place where we should go to borrow. Should we not go where we could get it cheapest? The bill proposes that we borrow and appropriate by distinct amounts. If gentlemen will wait, we will tell precisely the amounts we shall borrow, and then we restrict the Commissioners in the use of these specific appropriations. Loans on mortgages did not net the fund five per cent., and the managenent of that fund, for integrity and fidelity, was without a parrallel in the management of trusts.
On motion by Mr. BLYTHE, Mr. Colgrove's amendment was referred to the Committee on Ways and Means.
Mr. BLYTHE renewed the motion to refer to the select committee on the bill (99) which was agreed to.
LECTURE IN THE BAPTIST CHURCH.
The SPEAKER read to the House a letter of invitation "to members and Clerks of the General Assembly to attend a lecture before the Ladies' Benevolent Society of the Baptist Church, at their church, on to-morrow evening, by Dr. J. J. Updegraff, on the Law of the Sun Beam, and the Philosophy of the Human Eye; making a tender of tickets, and signed by ladies.
And then, at 5 o'clock, the House adjourned.
