IN SENATE.
SATURDAY, November 27, 1858.The Journal of yesterday was read.
BANK REPORT.
The PRESIDENT. I will lay before the Senate a report of the Branch of the Bank of the State of Indiana at Terre Haute.
The Secretary proceeded to read the report, when a motion was made to dispense with the reading, and lay upon the table.
The motion was agreed to.
AUTHORIZING A LOAN.
Mr. STEVENS. I offer the following resolution:
Resolved, That the Committee on Finance be instructed to report a bill authorizing the Treasurer of State to negotiate a loan from the Sinking Fund, or from some other source, sufficient in amount to meet all demands referred to in the Governor's message, and that we deem it inexpedient to levy a tax at this session, for any purpose, whatever, to make up any deficiency caused by failure to pass the revenue and appropriation bills at the session of 1857.
Mr. STEVENS sustained his resolution in a few remarks. The people of the State were not willing at this time to pay a heavy tax. In many counties of the State there had not been enough corn raised for their own consumption, and they would have to go to other counties, or another State to get grain for their own use, and, besides, they have in many counties built expensive courthouses and other public buildings, and they are already overtaxed. For these and other considerations, page: 43[View Page 43]he was in favor of the passage of the resolution.
The resolution was laid on the table.
Mr. STEVENS. I hope a reconsideration of the vote will be had in order that I may make it a resolution of inquiry.
Mr. MURRAY. I move a reconsideration of the vote.
The motion was agreed to.
Mr. STEVENS. I now move to amend by making it a resolution of inquiry. [Strike out the word "report," and insert in lieu thereof the words "inquire into the expediency of reporting.]
The motion was agreed to by consent.
Mr. JOHNSON moved to strike out the last clause in the resolution.
The motion was agreed to by consent, and the resolution, as amended, was adopted.
ALLEN MAY.
Mr. WEIR. I offer the following:
Resolved, That the Attorney General be requested to inform the Senate at the earliest opportunity the condition of the claim of the State of Indiana against one Allen May, indorsed by Messrs. Bright and Drake, the amount thereof, and what steps have been taken to collect the same, since the adjournment of the last Legislature, and if the game has not been sued, the reason fur such neglect.
The resolution was adopted by consent.
ACCOUNTS OF THE TREASURER OF STATE.
Mr. WALLACE. Mr. President, I offer the following resolution:
Resolved, That a committee of five be appointed to examine and report the condition of the affairs of Treasurer of State, with reference particularly to the accounts of the said Treasurer, and all other matters pertaining to his office and late report.
Mr. WALLACE. I will just say, Mr. President, that this is done at the request of the Treasurer of State himself.
Mr. HEFFREN. I will suggest that the Finance Committee would attend to this matter.
The resolution was adopted by consent.
The PRESIDENT appointed Senators Wallace, Heffren, Cravens, Cooper and McLain said committee.
COMMON PLEAS JURORS.
Mr. McLAIN. I offer the following:
Resolved, That the Committee on the Organization of Courts be directed to inquire into the expediency of the entire abolition of the regular panel of jurymen, for the Court of Common Pleas, and that if the same be deemed expedient, the said committee report a bill to that effect, at as early a day as practicable.
Mr. McLAIN Senators will remember that this jury is a very expensive one, and that very often we have had an entire court without this jury being once empaneled. I apprehend that there is no need of having a regular jury; but that these juries could be selected as occasion might require from the by-standers.
The resolution was adopted.
STATE PRISON.
Mr. WEIR. I offer the following:
Resolved, That the Committee on State Prison be instructed to visit the same at some convenient time during the special session and make an examination thereof in order for them to be able to report to the Senate the necessities of the same.
The resolution was adopted by consent.
PRINTING.
Mr. HILL. I offer the following:
Resolved, That the Committee on Printing be instructed to inquire into the expediency of so changing the law as to let the public printing to the lowest bidder.
The resolution was adopted by consent.
ADJOURNMENT TILL MONDAY.
Mr. GREEN. I offer the following resolution:
Resolved, That when the Senate adjourn, it adjourn until Monday at two o'clock.
Mr. HENDRY. I desire to remark that we have had a Thanksgiving day this week, which we adjourned over, and it strikes me that it would be improper to adjourn till Monday afternoon. Some Senators are from a distant portion of the State, and I apprehend they came here to stay during this session, as it is a duty they owe to the country. It would be very convenient to go home and stay half the time; but then we have started out to be economical, and we should keep it up. I hope Senators will consider the matter, agree to remain a week or two, and then if desirable let us have a holiday or two so that members from a distance can go home and see their families.
Mr. GOODING. The committees have been appointed; they will have to examine questions of law and propose bills; it is important that those committees have some time to act, and they can not act when the Senate is in session.
Mr. WEIR. Do you not desire to go home?
Mr. GOODING. I will, probably, if the Senate adjourn over; but I say it will be a saving of time. I shall vote for it upon that consideration, and upon no personal consideration whatever.
Mr. CARNAHAN. During the last session I remember distinctly of being the Chairman of the Committee on Claims of the other end of this House, and I know on Saturday afternoons that I could not parade two members of the committee - they were all gone home. I think these limited sessions should be abolished,, and that members should be paid a stipulated salary, and then when they must run home let them do it at their own expense.
Mr. GREEN. This is my second session here, and I have never known any business done on Saturday afternoons and Monday mornings. I know enough going away this afternoon, whether we adjourn over or not, to prevent any business being done; and it will be Monday noon before they get back.
Mr. CONNER spoke in favor of the resolution.
Mr HENDRY. I would propose a plan, and that is to agree upon some day, and then adjourn over a day or two, or three, and let us all go home and have a jollification.
Mr. JOHNSON. I have not been in the habit of asking the Senate to adjourn.
Mr. WALLACE, (interposing.) I want the Senator to make a speech for me too.
Mr. JOHNSON. Now, sir, the reason why we ought to adjourn over to give us a chance to go home is this: Some of us have left our farms, and have farming interests to attend to. This is my case, and I know my constituents knew I would attend to my own personal business when they elected me; and in order to, do it I am in favor of adjourning over.
page: 44[View Page 44]Mr. STEELE. I shall vote for the resolution as a matter of economy. I have heard this question discussed over and over again. We will always find ourselves with very few members present every Saturday afternoon that we have a session,
The yeas and nayd were demanded, and being ordered and taken, resulted - yeas 26, nays 24.
Mr. WALLACE, when his name was called, said: In order to accommodate some of my friends, who want to go home, I vote "Aye."
Mr. WEIR, when his name was called, said: In order to accommodate gentlemen, I vote "Aye." I intended to vote the other way.
So the resolution was adopted.
COUNTY CLERKS.
Mr. McLEAN. I offer the following resolution:
Resolved, That the Judiciary Committee be directed to report a Bill requiring County Clerks to pay over all monies in their hands to their successors in office, in all cases not already provided for by law, if the said Committee shall, upon investigation, deem the same expedient.
The resolution was adopted.
CHANGE OF VENUE.
Mr. McLAIN. I, also, offer the following resolution:
Resolved, That the Judiciary Committee be requested to inquire into the expediency of passing an act by which a party can have a change of venue from the Common Pleas Court to the Circuit Court, upon the affidavit of the party that he can not have affidavit and impartial trial of his case in such court owing to the prejudice or bias of the judge of such Common Pleas Court, and that if the same be deemed expedient the said Committee report a bill authorizing such change of venue to be made.
Mr. WALLACE. That is law now.
The resolution was adopted by consent.
PRINTING THE LAWS.
Mr. CONNER. Mr. President: I offer the following resolution:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law, for the publication of all Acts of the General Assembly which contain an "emergency clause," in at least one newspaper, in each of the several counties of the State, where one is published.
The resolution was adopted by consent.
STATE OFFICERS' REPORTS FOR 1857.
Mr. HENDRY. I offer the following:
Resolved, That the Secretary of State be requested to report to the Senate the number of the reports of the State Officers for the year 1857, that were published.
Also, what number of the same remain on hand.
Mr. HENDRY. It is customary after these reports have been printed to have them filed in some of the State offices, and there left to rot. The object of this resolution is to ascertain the number now on hand, so as to put them to use.
The resolution was adopted by consent.
TAXING REAL ESTATE BELONGING TO CORPORATIONS.
Mr. MILLER. I would ask leave to make the following report:
Mr. PRESIDENT, The Select Committee to whom was referred the Bill No. 5, for the purpose of taxing real estate belonging to corporations, in the counties in which said real estate is situated, have unanimously instructed me to report the same back and recommend its passage.
Mr. HENDRY. I was not on this committee, but I have examined this bill carefully, and think it ought to pass. Hundreds of acres of land in my county have been put into Railroad companies as stock, for which not one cent of taxes has been collected. Railroad companies should pay taxes on their lands, in the county where the land lies, whether their road runs through it or not.
Mr. MILLER. I desire simply to say that in the county I reside, I don't know but that there are twenty thousand acres of land belonging to Railroad companies, from which not one cent of taxes has been collected. But I don't think it necessary to advocate the passage of this bill.
Mr. GREEN. I understand that the taxes of Railroad companies are collected at the principal depot in the State. If the county officers have allowed the list of lands belonging to the companies to go off their books it is their own fault.
Mr. MILLER. In our county they have stricken these lands from the tax duplicate.
Mr. GREEN. The advantage of the law by which the taxes are distributed to the counties all along the line of the road, is that we are certain to get all the taxes.
Mr. MURRAY. I would inquire whether it would not be proper to embrace this bill in the regular taxation bill?
Mr. STUDABAKER. I am desirous that this bill should pass; it ought to have been law for years past. In my county there are several townships of land belonging to Railroad companies that have not been taxed upon the duplicate for years. This is wrong. At the last session of the General Assembly a proposition of this kind was passed through the other end of the Capitol in a general bill. That bill for the appraisement of real estate failed to become a law. Now I desire that this single proposition,unconnected with anything else, should become a law.
Senators Hamilton, Tarkington and Stevens made further remarks upon the subject, when -
Mr. GREEN moved to refer it again to the Committee on the Judiciary with special instructions.
Mr. STEVENS. I second the motion to recommit.
The motion was agreed to.
TOWNSHIP BUSINESS.
Mr. WALLACE. I wish the permission of the Senate to take up the bill having reference to the organization of townships, which I introduced yesterday. The object of this is to get a reference as soon as possible. Every Senator agrees that the bill is of great importance and should be considered as early as possible. I move that the rules be suspended, and that bill No. 23 be taken up.
The resolution was agreed to; and the Secretary read the bill through the second time.
Mr. McCLURE. I move that the bill be referred to the Committee on County and Township business.
The motion was agreed; to by consent.
Mr. WALLACE. I wish to have it referred to that committee, perfected as far as possible; report it back to the Senate, print it, and then put it through the Committee of the Whole.
SALE OP SPIRITUOUS LIQUORS.
Mr. HILL. I would ask the consent of the Senate to take up bill No. 8.
page: 45[View Page 45]The PRESIDENT. The Secretary informs me that the bill is in the hands of the printers.
Mr. HILL. I move that the bill be referred to the Committee on Temperance.
The motion was agreed to by consent.
RE-APPRAISEMENT OF REAL ESTATE.
Mr. TARKINGTON. I wish to take up bill No. 3
The bill (No. 3) for the re appraisement of real estate was taken up.
Mr. LINE. Was not the bill on the same sub-feet, introduced by the Senator from Washington, made the order ior 2 o'clock, Monday?
The PRESIDENT. It was so ordered by the Senate.
Mr. TARKINGTON. I move, then, that it be referred to the Committee of the Whole House aud made the special order for Monday, 2 o'clock.
The motion was agreed to by consent.
Mr. GREEN. I move that bill No. 22, upon the same subject, be taken up, and that the same reference be made.
The motion was agreed to by consent.
STATE FUND BORROWERS.
Mr. GOODING introduced a bill (No. 29) entitled An act to extend to borrowers of the Sinking Fund, Surplus Revenue Fund, College Fund, Saline Fund, Congressional School Fund, and other funds, time for the payment of their loans, and presenting the duties of the proper officers, in regard thereto; which was read through by the Secretary, and passed to the second reading.
PLEADING AND PRACTICE.
Mr. CONNER introduced a bill (No. 30) entitled An act to amend section 655 of article 37 of an act entitled An act to revise, simplify and abridge the rules of practice, pleadings and forms in civil cases in Courts in this State, to abolish distinct forms of action, and to provide a uniform mode of pleading and practice without distinction between law and equity; which was read through by the Secretary, and passed to the second reading.
COURTS IN BARTHOLOMEW.
Mr. JONES introduced a bill (No. 31) fixing the time of holding the Courts of Common Pleas in the county of Bartholomew, which was read through by the Secretary, and passed to the third reading.
NEW COUNTIES AND COUNTY LINES.
Mr. WEIR. I would ask consent to take up bill No. 2, and that it be referred to the Judiciary Committee.
The Senate consented, and the bill to authorize new counties, &c., was so referred.
JUSTICES OF THE PEACE.
Mr. WAGNER introduced a bill (No. 32) entitled An act to amend an act providing for the election and qualifications of Justices of the Peace, and defining their jurisdiction, powers and duties in civil cases, approved June 9, 1852, which was read through by the Secretary, and passed to the second reading.
SABBATH BREAKING.
Mr. GREEN introduced a bill (No. 33) entitled An act for the protection of the Sabbath, with penalties for the desecration thereof, and to repeal an act entitled. An Act for the protection of the Sabbath, and providing penalties for the desecration thereof, aproved February 28, 1852, which was read through by the Secretary, and passed to the second reading.
DUTIES OF ASSESSORS.
Mr. SHOEMAKER introduced a bill (No. 34) entitled An act to prescribe the duties of assessors, so as to provide for making their list of farm products, domestic animals and other property every four years, and with regard to the duties of the County Auditors and Auditor of State in connection therewith, and to repeal all laws conflicting therewith, which was read through by the Secretary, and passed to the second reading.
DECEASE OF GENERAL HANNA.
Mr. BOBBS. I offer the following:
WHEREAS, A most unfortunate accident has recently resulted in the sudden death of the late General Robert Hanua, of Marion county: AND WHEREAS, the deceased has left but few if any survivors so long and prominently identified with the early history of this State: therefore,
Resolved, That the Senate have learned with extreme regret of the death of the late General Robert Hanna, who, for many years of his long and useful life filled numerous offices of honor and responsibility during the territorial and subsequent history of Indiana, with great credit to himself and benefit to the public, and desire to testify their esteem for his memory, and express their condolence with his family.
Resolved, That a copy of these resolutions be communicated to the family of the decreased.
Mr. BOBBS proceeded to deliver the customary euology in such cases, upon the life and character of the deceased, and his estimation among his fellow citizens.
Senators Line, Gooding, Steele, Wallace, Rice and Hamilton were severally heard in the same funeral matter, and then the resolutions were adopted by unanimous consent.
PRINTING
Mr. WEIR. I desire to introduce the following resolution with the consent of the Senate:
Resolved, That the State Printer be and he hereby is requested and instructed to report to the Senate at as early a day as possible, the amount of printing done for and at the expense of the State, and the amount paid therefor, and that the same be full and particular, so as to enable the members to inform themselves fully upon the subject during his term of office.
Mr. WEIR. I move its reference to the Committee on Printing.
The motion was agreed to, and the resolution was referred.
And the Senate adjourned till Monday, two o'clock P. M.
