HOUSE OF REPRESENTATIVES.
WEDNESDAY, December 22, 1858.On motion by Mr. BOYD, the reading of the Journal of yesterday was dispensed with.
PERRY COUNTY SEAT.
On motion by Mr. SMITH, of Perry, (the order of business being suspended for the purpose,) the Senate amendments to his bill (H. R. 79) a general bill for the removal of the county seat of Perry from Rome to Cannelton, were taken up. Besides clerical amendments the Senate have added sections 18 and 19, to the following effect:
SEC. 18. That nothing herein shall be taken or considered as repealing: any of the provisions of the Act for the relocation of county seats, approved March 2,1855.
SEC. 19. That nothing in this Act shall be so construed as to draw money from the said County Treasury for the purposes of this Act.
They also amend the title, by making it supplemental to the Act for the relocation of county seats, &c., approved March 2, 1855.
The amendments of the Senate were concurred in.
INDEPENDENT TREASURY.
Mr. JONES (by unanimous consent) introduced a bill (No. 102) to establish the Independent Treasury of the State of Indiana, to provide for the safe keeping and disbursement of the public money of the State, and of the several counties thereof; creating the office of Comptroller of the Treasury and prescribing the manner of his election, defining his duties and fixing his compensation; defining the duties of the Treasurer of State, Auditor of State, and other State officers, and the duties of County Auditors and Treasurers and other county officers; for the examination of the State and County Treasuries, and providing for the punishment of the crime of embezzlement of the public funds,and fixing other penalties for the violation of this Act; which was passed the first reading.
Mr. JONES moved to suspend the rule nnd constitutional provision and read the bill a second time now, and the vote showing two-thirds in the affirmative -
The bill was read the second time by title.
Mr. PROSSER moved that it be laid on the table and that 200 copies be printed.
Mr. KEEFER proposed 500 copies, which was agreed to, and the order was made accordingly.
HOUSES OF REFUGE.
Mr. DOBBINS, (by leave,) from the select committee of one from each Congressional District, to whom was referred the resolution of the House making it their duty to report a bill for the erection and maintenance of three Houses of Refuge for the correction of juvenile offenders, reported the expression of opinion that the Legislature ought to make provision at as early a day as possible for these objects, but owing to the lateness of the day of the session they deem it inexpedient at this time to report a bill, &c.
The House refused to concur in this report.
A LICENSE LAW.
Mr. AUSTIN, (by consent,) from the Committee on Temperance, to which sundry propositions on the subject had been referred, reported back the petition and papers that had been referred to them, and returned a license law bill, stating the reasons which had induced the report - that it was not such a bill as could meet with the approval of the committee, but, under all the circumstances, the committee supposed it the best thing that could be done by this General Assembly.
On motion by Mr. Davis, the report and bill were laid on the table.
Mr. BLYTHE, (by consent,) from the Special Committee, to whom was referred Mr. Mansfield's bill (H. R. ) (a license law) reported the same back with sundry clerical and immaterial amendments, with a favorable recommendation.
The report was concurred in and the bill was laid on the table.
ABANDONED ROADS.
Mr. COMSTOCK, (by consent,) from the Committee on Roads, returned the bill (S. 15) and the amendments thereto, with sundry amendments, stating that the emergency clause had been stricken out under instructions from the House, and not on the motion of the committee.
On motion by Mr. R1TTER, the emergency clause was restored.
Mr. GIFFORD moved to amend further adding appropriately these words: "And all claims thereto relinquished by the said company," which was rejected.
Mr. Hall, of Rush, made an ineffectual motion to refer again to a Select Committee.
The report was then concurred in, and the bill ordered to engrossment and passed the third reading.
ABSENCE.
On motion by Mr. DAVIS, Mr. Murray, from the counties of Elkhart aud Lagrange, had leave of absence from and after to morrow at twelve o'clock M.
page: 181[View Page 181]CLERKS AND EMPLOYEES.
Mr. BRANHAM, (by unanimous consent,) submitted the following:
Resolved, That the Chairmen of the several committees Of the House of Representatives who have employed clerks forthwith report their names and the number of days employed respectively to the Committee on Ways and Means.
Mr. STANFIELD proposed to amend by including all the employees by the authority of the House of Representatives.
The amendment was concurred in, and so the resolution was adopted.
RAILROAD PROPERTY APPRAISEMENTS.
Mr. STILES, (by unanimous consent,) from, the Committee on Corporations, returned the engrossed bill (S. 35) to amend the MM section of the Assessment Act of June 21, 1852, with a recommendation that the same do pass.
Mr. STANFIELD. The bill was for the pur pose of clearing up doubt in regard to the assess meat of real estate belonging to railroad companies, and therefore it should be passed at once.
So the bill passed the House of Representatives.
AGRICULTURAL SOCIETIES' LAND.
On motion of Mr. LEWIS, (the order of business being further suspended for the purpose,) the engrossed bill (S. 60) to amend the Act of February 7, 1855, authorizing County Agricultural Societies to hold real estate - [75 acres] - was taken up and passed the third and last reading by yeas 85, nays 0.
COMMISSIONERS' COURT.
On motion by Mr. DOUGHERTY, (the order being further suspended for the purpose,) the engrossed bill (H. R. 60) to amend the 6th section of the Act of June 17, 1852, requiring the Court of County Commissioners to meet in the Auditor's office in term time of the other Courts was taken up.
On motion by Mr. GRIFFIN, the bill was amended, by substituting "may" for "shall," and so the bill passed the final reading in the House of Representatives by yeas 87, nays 5.
A PUBLIC LOAN.
Mr. SMITH, of Perry, (the order of business being further suspended for the pupose,) reported the following from the Committee on Ways and Means:
A joint resolution (No. 4) directing the Treasurer of State to appropriate all the moneys in his hands, as therein provided, and directing the Governor, Auditor and Treasurer of State, to borrow money of the Commissioners of the Sinking Fund, or elsewhere, giving the preference to the Sinking Fund, which was passed the first reading.
Mr. BRANHAM moved that the rales be suspended and the joint resolution be read the second time now.
Mr. DAVIS. As the gentleman over the way was getting nearer right now, he hoped the rules could be suspended.
The Constitution requiring this vote to be taken by yeas and nays, and the Clerk reporting - yeas 71, nays 19 - two-thirds in the affirmative; the rules were suspended, and the joint resolution was read again and considered on the second reading.
Mr. KNOWLTON proposed to strike out and insert "25th day of April."
Mr. CLEMENTS resisted the passage of the resolution, because it allowed the Treasurer to check on the School Fund, the Swamp Land Fund, &c., for the payment of the interest on the State debt.
Mr. HUNTER said to the gentleman, that all the Swamp Land and all the School Fund had already been taken for the last July instalment of interest. None of these funds were in the Treasury. Did the gentleman propose any other means to pay this interest. If the Governor veto the bill passed yesterday, there would be no alternative but to go at large into the market with new State bonds. This joint resolution was to avoid that, &c.Mr. JONES proposed to amend the amendment, by striking out the words "giving preference to the Sinking Fund."
Mr. HARNEY. As it was a case of emergency, he would vote for the joint resolution, but he begged the gentleman, in mercy, not to connect it with the bill passed yesterday.
Mr. DAVIS. This joint resolution proposed, first, to make application to the Sinking Fund Commissioners, giving evidence of debt, and paying interest on the money borrowed. But he would have it distinctly understood that he did not vote for it for the reasons given by the gentleman from Monroe, (Mr. Hunter) because, if it were in any way connected with the bill of yesterday, he would record his vote against it at all hazards.
Mr PARRETT. Taking the resolution as a secondary evil, he was willing to go for it. On his motion the amendments were laid on the table.
On his further motion, the joint resolution was ordered to be engrossed, and the rules being suspended - yeas 70, nays 23 - it was considered as engrossed on the third and last reading.
Mr. DOBBINS regarded the joint resolution as twin sister to the bill of yesterday. It had many objectionable features. He would never appear against paying the public debt, but the proposition must proceed upon just principles, &c.
Mr. HARNEY. We had, in debate here, raised doubt about the Governor, Treasurer and Auditor's authority to loan, and o rendering it, perhaps, impossible for them to do so. It was imperative that this money should be provided, to prevent consequences like the throwing back upon the State of the Wabash and Erie Canal, &c. He would therefore support the resolution.
Mr. SMITH, of Perry. This was an emergency It was absolutely necessary that we should show to the holders of the State bonds that we will paywill put them in statue quo. We propose to give security to the Sinking Fund, and to throw upon the State officers the responsibility of the discretion whether to use money in the hands of the Sinking Fund Commissioners or not. If they take the Sinking Fund they will give seven per cent. for money that is now drawing page: 182[View Page 182]only four per cent, interest. It was by some supposed, that if we do not take this money out of the Sinking Fund, it will be loaned through the several counties in small sums of $50). He would be allowed to say that only a small amount of the fund would be thus loaned. The Commissioners would be obliged to reserve this money for the purpose of retiring the bank bonds; and in the mean time it would be deposited perhaps with Winslow, Lanier & Co., at only four per cent., whilst it was proposed here to give seven per cent.
Another thing. The resolution referred to the bonds in the hands of the State officers. These bonds in their hands uncanceled by the Auditor's indorsement, could go into the market and money could be drawn on them, it was thought, without further authority. In this way, if the Sinking Fund Commissioners should not choose to loan to the State for three, six or eighteen months, or two years, the officers of State could negotiate these bonds in the hands ol the fund Commissioners, and so make ample provision for the interest money.
[A Senate message now announced the passage in that body of a bill (S. 86) to enable the holder of unauthorized paper currency to collect the amount thereof.]
Mr. STILES demanded the previous question, and under its force the vote was urged upon the main question, viz: the passage of the joint resolution, resulting - yeas 62, nays 35 - as follows:
AYES - Messrs. Austin, Baird, Blythe, Boyd, Boxley Branham, Brotherton, Caving, Clark, Collier, Comstock, Cotton, Davidson, Davis, Dougherty, Duval, Edwards, Firestone, Fordyce, Gifford, Gregory, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harney, Harrison, Hunter, Johnston, Kempf, Lawhead, McLean, Major, Mansfield, Massey, Mellett, Miller, Martin, Nebeker of Vermillion, Nebeker ofWarren, Nelson, Parks, Parrett, Power, Prosser, Robinson, Rynerson, Scott, Sherman, Shields, Shockley, Smith of Miami, Smith of Perry, Stanfield, Stiles, Stinson, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr. Speaker - 62.
NAYS - Messrs. Black, Bowman, Carr, Claypool, Clayton, Clements, Dobbins, Durham, Early, Eastham, Griffin, Hancock, Hartley, Jones, Jordan, Keefer, Kelly, Knowlton, Lewis, Murray, Newton, Ritter, Row, Shull, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Snyder, Turpie, Usrey, Waterman, Wheeler and Wood - 35.
Mr. GRIFFIN explained his vote. There were $18,000 of the Swamp Land Fund due to the ditches in his county, and by this resolution it was proposed to divert this money to other purposes. Therefore he voted against it.
So the joint resolution was passed the third reading in the House of Representatives, and it was ordered that the Clerk acquaint the Senate therewith.
DISTRIBUTION OF THE PROCEEDS OF THE SCHOOL FUND.
Mr. PARKS, (by unanimous consent,) from the Committee on education, responding to a resolution of the House of Representatives, submitted a report embracing a statement showing the distr bution share paid to each county in the State of the common School Fund for the year 1858 - amounting in all to $323,125.
The report was laid on the table.
Mr. ROBINSON, (by unanimous consent,) from the Committee on the Sinking Fund returned the bill(H,R. 41)to punish giving false certificates and making false appraisements in certain cases with an amendment, adding a section to tha following effect:
SECTION 4. Any person charged by law with the duty of loaning the fund named in the first section, who shall knowingly make any such loan to any person who has not procured the proper certificate required, upon conviction shall be fined not exceeding $100, and imprisoned not exceeding one year.
The amendment was concurred in and the bill ordered to be engrossed.
STATE PRISON.
Mr. HUNTER, (by consent,) submitted the following, which was adopted:
Resolved, That the Committee on the Affairs of the State Prison, be authorized to continue their investigations in vacation, and that they report the result of their labors at as early a period as practicable during the next session of the Legislature.
TEMPERANCE.
Mr. ROBINSON, (by consent,) submitted the following:
Resolved, That a select committee of three be appointed to draft a Temperance bill on the license principle; and, also, that a committee of three be appointed to draft a bill embracing the views of the opponents of a license law, and that 200 copies of each of these bills be printed for the use of members of the House of Representatives, in lieu of all the Temperance bills heretofore ordered to be printed, and that said erder be and the same is hereby rescinded.
On motion by Mr. BLYTHE, the resolution was laid on the table.
ELECTION OF UNITED STATES SENATORS.
Mr. STANFIELD gave notice that at 2 o'clock this day he would introduce a proposition to go into the election of United States Senators.
The House then took a recess till 2 o'clock,
AFTERNOON SESSION.
Mr. LEWIS asked and obtained leave of absence for Mr. Kempf, for the remainder of the extra session.
On motion by Mr. DAVIS, Mr. Summers had leave of absence from and after to-morrow morning.
SINKING FUND.
On motion by Mr. MANSFIELD, (the order being suspended for the purpose,) the bill (H. R. 101] to secure to the Sinking Fund a debt which the State owes to said fund, and to provide for the payment of the interest on said fund, was taken up, parsed the second reading, and -
On motion by Mr..HARNEY, (the rules being suspended by yeas 93, nays 0,) the bill was considered as engrossed and passed the third and last reading in the House of Representatives, by yeas 95, nays 0.
UNAUTHORIZED PAPER CURRENCY.
On motion by Mr. HUNTER, (the orders being further suspended for the purpose,) the bill (S. 86) enabling persons holding unauthorized paper currency, to collect the amount thereof was taken up and passed the first reading.
On his further motion; (the constitutional provision being suspended by yeas 94, nays 0,) the bill was passed the second reading.
page: 183[View Page 183]Mr. BLYTHE proposed to amend the bill by adding to the 4th section, these words:
Provided however, if any such bill, note or promise to piy, as described in the act, shall be lost or destroyed, or shall be in the possession of the person, company or corporation, who issued the same, any such person, company or corporation not having redeemed the same, it may be sued upon as a lost instrument, and it shall not be necessary to produce upon the trial such bill, note or promise to pay
The amendment was agreed to.
On motion by Mr. HUNTER, (the rule and constitutional provision being again suspended - yeas 87, nays 5,) the bill, as amended, was considered as engrossed, and passed the third and last reading in the House of Representatives by yeas 96, nays 1.
THE PUBLIC PRINTING.
Mr. NEWTON, (the orders being further suspended for the purpose,) from the Special Committee on Public Printing, submitted a report in writing, reviewing particularly the public printing and the cost thereof as far back as the year 1854, arid making sunduy suggestions and rtjcom jnendatious based upon tes:imony in the investigation and submitted with the report, which was read at length.
The committee recommended the passage of a law suggesting among others, the following teatures:
- A repeal of the statute of 1853, fixing the compensation of public printer.
- The establishing of prices for binding in addition to those of composition and press-work, folding and stitching.
- That the public printer should furnish his own paper, and that the same shall in all cases be of a given weight and according to sample furnished.
- Requiring the public printer to keep an exact account of each item of work done for the State, together with the number of reams of paper used by him in doing work for the State.
Mr. MILLER explained the report, and reasoned at length in favor of the report, its suggestions and recommendations - protesting specially, as a practical printer, against the right of the public printer to the outside or cassie quires of paper.
[A message from the Senate now announced the passage in that body of the bill (S 109) to prevent the circulating of unauthorized and broken bank paper, &c.]
Mr. BLYTHE moved that the report and testimony be laid on the table, and that 1,000 copies thereof be printed for the use of the House of Representatives.
Mr. HARNEY would like to know why the committee traveled out ot their line of investigation to censure the Attorney General, when there was nothing in the facts to warrant it. The Superintendent of Public Instruction to excuse himself for having published certain books ordered by An Act of the Legislature in 1853, page 126, said that the Attorney General had given his opinion that it was his duty to do so. That opinion was given in a private conversation with the Superintendent, whereupon the committee proceed to censure him for it. The Attorney General did give an opinion on that subject, at another time; and any person can see by reading the act above alluded to, that the opinion was correct; and if the Superintendent had heretofore failed to comply with it, the Attorney General certainly could be no way responsible for it, nor could he make a legal opinion conform to what might have been explained at the time it was given. Certainly the committee should give some good reasons for this open censure.
Mr. RITTER replied. It was evidently the intention to distribute documents already printed. Why aid not the Attorney-General tell them to reprint the Statutes? There was $7,800 audited for composition and press work of the documentary journal, teprinted under the Attorney-General's decision.
Mr. DAVIS understood that the opimon of the Attorney General was in writing and on file, and he suggested that it be printed with this order.
Mr. BLYTHE. Such a course might not be the best for the legal reputation of the Attorney General.
Mr. DAVIS. Let him rest upon his own work.
Mr. TURPIE called for a division of the question.
The first question was on laying the report and testimony on the table, which was agreed to, and then the order to print 1,000 copies for the use of the House of Representatives, was adopted.
BROKEN BANK PAPER, &C.
On motion by Mr. HUNTER, (the orders being suspended for the purpose,) the bill (S. 109) to prevent the circulating or unauthorized and broken bank piper, prescribing penalties, &c., was taken up on the first reading, and it was being read by the Clerk, when -
ELECTION OF THE UNITED STATES SENATORS
A message from the Senate, by Mr. Vawter, their Secretary, announced the passage in that body of a concurrent resolution, to authorize a seperate viva voce election of two United States Senators - one to serve till the 4th of March, 1863, and the other till the 4th of March, 1861.
[The resolution is printed in the report of the proceedings of the Senate of this day.]
On motion by Mr. STANFIELD, (the order of business being further suspended for the purpose, by yeas 52, nays 43,) the resolution was taken up and read through by the Clerk.
Mr. KEFFER moved to lay the resolution on the table, demanding the yeas and nays.
Mr. SCOTT demanded a call of the House, which proceeded till its object was accomplished.
Mr. MURRAY demanded the previous question, and there being a second, the vote was forced on the main question.
Mr. TURPIE demanded the yeas and nays,and they were ordered.
Mr DOUGHERTY made the point of order, that this is a joint resolution, requiring to be read three times under the constitutional provision.
The SPEAKER. The Chair regards it as a concurrent resolution The Clerk will proceed with the call.
The vote on the question of concurrence resulted yeas 51, nays 46, as follows:
page: 184[View Page 184]YEAS - Messrs. Austin, Baird, Boyd, Boxley, Branham, Brotherton, Cavins, Clark, Collier, Comstock, Cotton, Davidson, Duval, Edwards, Fordyce, Gregory, 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, Ritter, Robinson, Row, Rynerson, Scott, Shermnn, Shields, Smith of Miami, Stanfield, Stiles, Thompson of Elkhart, Treadway, Wetzel, Whiteman, Wildman and Mr. Speaker - 51.
NAYS - Messrs. Black, Blythe, Bowman, Carr. Claypool, Clayton, Clements, Davis, Dobbins, Dougherty, Durham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Keffer. Kelley, Kempf, Knowlton. Lawhead, Lewis, McLain, Major, Massey, Nelson, Newton, Parrett, Prosser, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 46.
So the House concurred, and the resolution was adopted.
Mr. STILES named Henry S. Lane, of Montgomery county, for the longest term in the resolution.
The SPEAKER directed the Clerk to proceed with the call.
Mr. BLYTHE asked and obtained excuse for refusing to answer.
Mr. KEEPER asked to be excased, but the House refused.
Mr. TURPIE moved to reconsider the vote by which Mr. Blythe was excused, and proceeded thereupon to reason, that this was no regular action of the House of Representatives, and there was no room for excuse. But -
The SPEAKER repressed debate, and the House refused to reconsider, on a division - affirmative 24, negative 47.
The Clerk pursued the roll and reported as follows:
FOR HENRY S. LANK - Messrs. Austin, Baird, Boyd, Boxley, Brannam, Brotherton, Cavins, Clark. Collier, Comstock, Cotton, Davidson, Duval, Edwards, Fordyce, Gregory, 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, Powers, Ritter, Robinson, Row, Rynerson, Scott, Sherman, Shields, Smith of Miami, Stanfield, Stiles, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr. Speaker - 51
PRESENT AND NOT VOTING - Messrs. Black, Bowman, Carr, Claypool, Clayton, Clements, Davis, Dobbins, Dougherty, Durham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Reefer, Kelley, Kempf. Knowlton, Lawhead, Lewis, McLain. Major, Massey, Nelson, Newton, Parrett, Pross r, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 45.
Mr. DAVIS, when his name was called, keasd to be excused, because he did not think there was any officer to elect. But the House refused.
The SPEAKER announced the result: Henry S. Lane having received the votes of a majority of the members of the House of Representatives, I declare, on the part of this House, that he is duly elected a Senator of the United States for the State of Indiana, to serve till the fourth day of March, 1863. [Great cheering followed here.]
[A Senate message announced that that body had elected Henry S. Lane and Wm. M. McCarty United States Senators for the State of Indiana.]
Mr. COLLIER nominated William H. McCarty, of Marion County, for the shortest term in the resolution - the Clerk pursuing the roll, as before, and with a similar result, except that the House now refused to excuse Mr. Blythe.
Mr. EDWARDS, when his name was called on the McCarty roll, said: Mr. Speaker, I have voted here that Indiana is not represented in the Senate of the United States, by persons elected in pursuance of the Constitution and Laws. I believe I was right when I gave that vote, and I wish to act upon that principle in voting now. I would prefer to vote for some gentlemen who represented my political sentiments nearer than the gentlemen now nominated - in the belief that my constituents and those of my friend from Ohio (Mr. Gregory) ought to be entitled to some respect and a fair representation, I have good reasons for preferring some one else for this position, but in order that the gentlemen now nominated may have fifty one votes I will give him mine.
Mr RITTER moved to take up and concur in the Senate message announcing the result, of the action of that body in its proceedings under the above resolution.
Mr. DAVIS. The action of the two Houses is concurrent, and there it ends. So it seems to me.
The SPEAKER and Mr. RITTER acquiesced
Mr. Parrett, Mr. Claypool and Mr. Usrey now had leave of absence for the remainder of the session after to-morrow.
BROKEN BANK PAPER.
On the motion of Mr. HUNTER the House now resumed the preceding order which had been interrupted by the proceedings under the above resolution of the Senate - to-wit: the consideration of the bill (S. 109) to. prevent the putting away or circulating of unauthorized bank paper &c,
The Clerk pursued the reading of the bill, and it was passed the first reading.
On motion by Mr HUNTER, the rules being now dispensed with, the bill was put upon the second reading.
Mr. KNOWLTON proposed to amend the bill by striking out the word "insolvent" wherever it occurs.
On motion by Mr. HUNTER, the bill and proposed amendment were referred to a select committee which the SPEAKER makes to consist of Messrs. Blythe, Stanfield, Mellett and Davis.
The House then adjourned.
