IN SENATE.
FRIDAY, December 17,1858.The Journal of yesterday was read - Mr. Tarkington in the Chair, by appointment of the President, who was sick and unable to preside.
REVENUE FOR 1859 AND 1860.
Mr. RICE, from the Committee on Finance, to whom was referred the bill (H. R. 73) to raise a revenue for State purposes for the years 1859 and 1860; reported the same back and recommended its passage.
The report was concurred in, and the bill read the second time.
Mr. MURRAY moved that the bill be now considered as engrossed and read the third time.
The motion was agreed to by yeas 30, nays 18.
Mr. HEFFREN moved to recommit to the Committee on Finance with instructions to amend by adding in the proper place, 15 cents on the hundred dollars, and 50 cents on each poll for the year 1858.
Mr. SLACK rroved to amend by striking out "fifteen," and inserting "ten."
On motion by Mr. WEIR this motion was laid on the table, by yeas 31, nays 17 - as follows:
YEAS - Messrs. Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Conner, Cravens, Craven, Culver, Gooding, Green, Hamilton, Hendry, Hill,Jones, Kinley, Line, McClure, McLean, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner, Weir and Wilson - 31.
NAYSMessrs, Carnahan, Cobb, Conley, Fisk, Hargrove, Heffren, Jennings, Johnston, Lomax, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, and Williams - 17.
Mr. BLAIR moved to recommit with instructions to strike out "20 cents" [on each $100 for 1859,] and insert "15 cents."
Mr. GREEN was in favor of this motion.
Mr. WEIR was opposed to it. He thought 20 cents would hardly be enough.
Mr. SLACK thought 10 cents would be enough. He thought there would be eight hundred millions of dollars of taxables under the new Appraisement law, and 10 per cent, he thought would be amply sufficient to pay all expenses. It is anti-Democratic to raise more revenue than we need, and consequently he was opposed to it. He thought every county would be doubled and thribbled in taxables under the new appraisement.
Mr. ANTHONY has had no time to make calculations, but was satisfied with the estimate made. He would think the amount was too low, but we have no data by which we could come to any satisfactory conclusions.
Mr. RICE said the committee relied upon the data and calculations made by the Committee on Ways and Means in the House of Representatives. He was opposed to the amendment, and was in favor of 20 cents on the $100 for 1859 because the people had been relieved from this tax for the present year, and he believed it would not be too much.
Mr. BOBBS was in favor of the proposition of the Senator from Hendricks, [Mr. Blair] but was in favor of the tax being 20 cents on the $100 for 1860.
Mr. HEFFREN was anxious to pay off the indebtedness now hanging over the State. He was in favor of levying a sufficient tax to pay the interest on the State debt, and carry on the government, and was opposed to borrowing money for these purposes.
Mr. JOHNSTON offered an amendment to the instructions to the committee, viz: to strike out all that part of the bill which relates to the year 1860.
Mr. CRAVENS was opposed to the amendment and the amendment to the amendment. We are assembled for the purpose of devising ways and means for carrying on this government; and he was in favor of so doing. Nearly all the trust funds are calling for the return of moneys borrowed by the Legislature from them, and consequently he was in favor of levying 20 cents on the $100 for 1859.
Mr. ANTHONY moved to lay the amendment and the amendment to the amendment on the table; but withdrew for -
Mr. WEIR, who wished to say that the calculations of the Senator from Huntington [Mr. page: 148[View Page 148]Slack] must be wrong - the taxables of the State would not come up to his figures. He renewed the motion of the Senator from Floyd [Mr. Anthony] to lay the amendment on the table.
Mr. HEFFREN called for a division of the question.The question being upon the motion to lay on the table the instructions of the Senator from Putnam (Mr. Johnston) -
The motion was agreed to by yeas 34, nays 16.
The question recurring on the motion to lay on the table Mr. Blair's motion to refer with instructions -
The motion was agreed to by yeas 37, nays 12.
In accordance with the first vote taken, the bill 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 42, nays 7 - Messrs. Conley, Heffren, Jennings, Johnston, Slack, Wallace and Williams.
Absent - Mr. Cooper.
So the bill passed.
The title was read and adopted by consent.
SAFEKEEPING OF THE PUBLIC TREASURE.
Mr. HEFFREN, from the same committee, to whom was referred Mr. Tarkington's bill (S. 55) to provide for the safe keeping of public moneys, stocks, bonds and other securities entrusted to the care of public officers, reported the same back and recommended its passage.
The report was concurred in by consent, the bill read through the second time.
Mr. HEFFKEN moved to re-commit, witn instructions to strike out the words "public moneys," wherever they occur. By the provisions of the bill it would be the duty of the Treasurer of State to take all the paper money collected and pile it up in a saferunning the risk of the banks breakingthere being no provision allowing him to deposit in any banking institution.
Mr. CONNER moved to add to the instructions the following: Insert in the proper place "That the Treasurer of State shall account for all interest received by him on deposits or otherwise as Treasurer."
This amendment was discussed by Messrs. Heffren, Conner, Steele, Weir, Wagner and Murray.
Mr. HAMILTON moved to lay the bill and pending amendments on the table.
The motion was agreed to.
RAILROAD TAXATION.
Mr. HENDRY, from the Judiciary Committee, to whom was referred Mr. Miller's bill (S 5) to amend the 32d section of an act to provide for the valuation and assessment of real and personal property, collect taxes, &c., approved June 21,1852, reported the same back with an amendment.
Mr. MILLER hoped the Senate would consent, that the bill may be considered as engrossed and read a third time now. He made that motion.
The report was concurred in, and the bill read by its title the second time.
Mr. Miller's motion was agreed to, and the bill was read through the third time.
Mr. HENDRY. The amendment simply dissevers the lands lying distant from railroad beds, and requires them to be taxed in the counties in which they lie, but leaves the law taxing the rolling stock, railroad bed and depots just as it stands now.
The bill was finally passed the Senate by yeas 48, nays 1 - Mr. Wallace.
Absent - Mr. Cooper.
The title was then read and adopted by consent.
TITLE OF A LAW REFORM ACT.
Mr. GOODING, from the Committee on the Judiciary, to whom was referred Mr. Murray's bill (S. 52) to amend the title of the law reform act, approved June 21, 1852, reported the same back, and recommended that it be laid on the table.
The report was concurred in.
Mr. SLACK, from the Judiciary Committee, to whom was referred a resolution diricting the committee to inquire whether legislation is necessary to perfect the law in reference to the conviction of felons, when more than one conviction has been had against one person at the same court, and report by bill or otherwise, reported a bill (S. 104) in compliance with the same.
The report was concurred in by consent.
Mr. Slack's bill (S. 104) to provide for the infliction of punishment where more than one conviction has been had against one person at the same term of the courts in this State; was read through the first time.
[This bill provides that punishment assessed upon the same person at the second conviction takes place after the expiration of the first sentence.]
Mr. BENNETT,from the Judiciary Committee, to whom was referred the bill (H. R. 18) to amend the 18th section of an act prescribing the powers and duties of Justices of the Peace, &c., approved May 27,1858; reported the same back, and recommended its passage.
Mr. MARCH said he dissented to the will of the majority of the committee, but would not delay the action of the Senate at this time.
The report was concurred in and the bill passed to the third reading.
Mr. ANTHONY, from the Judiciary Committee, to whom was referred Mr. Rice's bill (S. 71) to amend section 6 of an act to provide for the valuation, assessment and collection of taxes in the State of Indiana, approved June 21, 1852; reported the same back with an amendment, and recommended its adoption.
The report was concurred in and the bill passed the second reading.
JUSTICES OF THE PEACE.
Mr. COBB, from the Judiciary Committee, to whom was referred Mr. Conley's bill (S. 40) to amend section 10 of an act to provide for the election and qualifications of justices of the peace, and defining their duties and powers in civil cases, approved June 9, 1852, reported the same back and recommended its indefinite post ponement.
The report was concurred in.
RAILROAD LIABILITY.
Mr. CONNER, from the Judiciary Committee, page: 149[View Page 149] to whom was referred a resolution inquiring whether the General Assembly can pass a law compelling railroad companies to pay for the killing of animals where railroads can not be fenced, reported that, in their opinion, the General Assembly has the power to pass such a law.
The report was concurred in.
EXEMPTION OF PROPERTY FROM SALE.
Mr. McLEAN,from the Judiciary Committee, to whom was referred his bill (S. 46) to amend section 9 of an act to exempt property from sale in certain cases, approved February 17, 1852, reported the same back without recommendation.
The report was accepted by consent, the bill read a second time and ordered to be engrossed.
AMEND FORMS OF PRACTICE.
Mr. HENDRY, from the Judiciary Committee, to whom was referred Mr. Bennett's bil (S. 48) to amend an act to simplify the rules of practice in certain civil cases, approved June 18,1852, reported the same back and recommended that it be laid on the table.
The report was concurred in.
DESERTED WOMEN AND CHILDREN.
Mr. MARCH, from the Judiciary Committee, to whom was referred Mr. Heffren's bill (S. 62) to provide for the relief and support of married women, when deserted by their husbands, and children when abandoned by their parents, reported the same back and recommended that it be laid on the table.
The report was concurred in by consent.
PUBLIC OFFICERS AS WITNESSES.
Mr. MARCH, from the Judiciary Committee, to whom was referred Mr. Jones' bill (S. 52) to render public officers competent to testify as witnesses in actions brought on their relation in the name of the State, reported the sime back with an amendment, and recommended its passage.
The report was concurred in, the bill read the second time, and ordered to be engrossed for the third reading.
JUDGMENT SALES OF PROPERTY.
Mr. MARCH, from the Judiciary Committee, to whom was referred Mr. Murray's bill (S. 57) to amend the 381st section of an act to revise, abridge and simplify the rules of practice in the courts of this State, &c., approved June 18,1852; reported the same back, and recommended that it be laid on the table.
[This bill provides that no judgment shall be rendered authorizing the sale of property, waiving benefit of valuation and appraisement laws.]
Messrs. March, Murray, Bennett, Green and Wagner were heard in a few remarks; when -
A Senator rising to make a motion to adjourn -
REPORTERS.
Mr. WALLACE called the attention of the Senate to a paragraph in the Indianapolis Daily Journal's report of the proceedings of the Senate of yesterday, in which the Reporter took occasion to reflect in a humorous way, upon a point of order wnich was then raised; and obtained unanimous consent to offer the following resolution:
Resolved, That the severd Reporters on this floor be respectfully requested to leave out of the body of their reports or the proceedings of this body, all comments of their own, favorable or unfavorable.
Mr. WALLACE supported his resolution, and was followed by Messrs. March, Gooding, Murray, Anthony, Bennett and Wagner.
Mr. GREENE moved to amend by adding "that a committee of three be appointed to instruct the Reporters what to report."
Mr. WAGNER moved that the resolution and amendment be laid on the table.
The motion was agreed to.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
TRANSFER OF STATE BONDS.
Mr. HEFFREN, from the Committee on Finance, to whom was referred his bill (S. 53) providing for the transfer of bonds of the State of Indiana, &c., preventing fraudulent issues thereof, and providing punishment for the same, reported the bill back with sundry amendments.
Mr. HEFFREN stated that the amendments proposed did not change the bill, but were merely verbal alterations.
The report was concurred in, and the bill was considered on its third reading.
Mr. HAMILTON demanded a call of the Senate.
The call was proceeled with, when -
On Mr. HENDRY'S motion, further action in the call was dispensed with.
Mr. HEFFREN said in explanation of his bill, that there was no check upon the Agents of State putting into market any amount of State stocks, and this bill was for the purpose of remedying this, and putting a stop to all avenues for fraudulent issues.
The bill being upon its third and last reading, it was passed by yeas 42, nays 0.
REAPPRAISEMENT BILL.
Mr. HEFFREN, by unanimous consent, submitted a report from the select committee of free conference on Mr. Tarkington's bill (S. 3) for the reappraisement of real estate.
[The committee report the bill so that County Commissioners shall appoint the assistants to the Assessors, and that the Auditor has to furnish plats of incorporated towns, and not townships or counties.]
The report was concurred in, and the committee discharged.
COMMON SCHOOLS.
The PRESIDENT pro tem, announced the special order - being Mr. Wagner's bill (S. 26) supplementary to an act to provide for a general system of commrn schools, approved March 5, 1855.
Mr. MURRAY moved that the Senate resolve itself into a Committee of the Whole on this bill.
The motion was agreed to.
The Senate accordingly resolved itself into a Committee of the Whole - the President pro tem, calling; Mr. Murray to the Chair.
Mr. WAGNER spoke at length in support of his bill, explaining its provisions and urging the importance of early action thereon.
page: 150[View Page 150]He was followed by Messrs. Studabaker, Hendry, Bennett, Green and Bobbs.
Mr. CRAVENS said a number of dicta of the Supreme Court has been read here; and there was truly a constitutional question involved in I the distribution of this common school fund. He was in favor of the bill; if he thought it would be a blow against the common school system he should vote against it.
Mr. ANTHONY said that the proposed bill was constitutional.
When he had concluded -
Mr. HEFFREN moved that the committee rise, report progress, and ask leave to sit again.
The motion was agreed to.
The committee accordingly rose and the President, pro tem, resumed the Chair.
Mr. MURRAY, the Chairman of the Committee of the Whole, said, Mr. President: The Committee of the Whole Senate have had under consideration the Senate bill No. 26, and after some time spent therein without coming to any conclusion, have directed me to report progress, and ask leave of the Senate to sit again.
The report was concurred in by consent.
And then the Senate adjourned.
