IN SENATE.
SATURDAY, JANUARY 22, 1859.The journal of yesterday was read.
PETITIONS AND MEMORIALS.
Mr. WILLIAMS presented a petition from sundry printers of the City of Vincennes, praying against reducing the prices now paid for public printing, and asking that all bids for doing said printing at a lower rate, be treated as such designing schemes deserve; which was read and referred to the Committee on Printing.
Mr. MARCH presented a petition from Minor Turner, of the county of Delaware, praying for $190 75 as compensation for pursuing a felon; which was referred to the Committee on Claims,
REPORTS FROM COMMITTEES.
Mr. HENDRY from the Judiciary Committee, returned Mr. Murray's bill (S. 15) to amend the 103d section of a law reform act approved June 17,1852, and recommended its indefinite postponement.
Mr. BENNETT desired to make a minority report in a day or two, and for that purpose moved to lay the bill on the table.
The motion was agreed to.
Mr. MARCH, from the same committee returned Mr. Green's bill (S. 19) providing for an enumeration to be made of white inhabitants over 21 years of age, in 1860, and every five years thereafter; and recommended its passage.
The report was concurred in by consent, and the bill passed the second reading.
Mr. HEFFREN, from the same committee, returned a resolution having reference to abandoned plank and other roads,recommending that it lie on the table, as a bill had already been introduced covering the entire ground contemplated in the resolution.
page: 67[View Page 67]The report was concurred in.
Mr. SLACK, from the same committee, returned Mr. Wallace's bill (S. 20) providing for and regulating the payment of costs occasioned by the prosecution and conviction of persons charged with felony, and recommended its indefinite postponement.
Mr. WALLACE hoped the report would not be concurred in. Innocent men have been compelled to attend upon trials of persona accused of felory, and their trouble and expense have all amounted to nothing to them - they have never had compensation therefor.
Mr. WEIR hoped this bill would not be postponed indefinitely. He believed it just as much the duty of the State to pay those fees as to pay any debt she owes.
Mr. JOHNSTON was opposed to the bill. He thought the tendency of the bill would be to make witnesses swear hard in order to get their fees.
Mr. GOODING desired that the bill should not be indefinitely postponed The bill ought to be amended so as to provide that where the convict has an estate liable to execution, the costs should be collected by execution, but failing in that, the costs should be paid out of the labor of the convict in the State Prison.
Mr. ANTHONY defended the report of the committee, and urged concurrence therein.
Mr. HEFFREN was opposed to the provisions contemplated in the bill, and hoped the bill would be indefinitely postponed.
Mr. CONNER contended that the bill was not perfect, but insisted that some law upon this subject should be passed by the Legislature. He moved to recommit, with instructions to so amend as to prevent the transfer or assignment of costs, that the defendant's property shall first be reported to for the payment of such costs, and to inquire into the expediency of providing for the payment of costs under proper restrictions, in state cases where the defendant is acquitted.
The PRESIDENT [Mr. Slack in the chair] decided the amendment out of order.
Mr. WALLACE appealed from the decision of the Chair.
The PRESIDENT. Send up your appeal in writing.
On motion by Mr. BLAIR, the appeal was laid on the table before the appellant had time to reduce it to writing.
Mr. WALLACE objected to such summary proceeding, come from whom it may.
Mr. JOHNSTON saw no necessity for any had feeling. He thought the decision of the Chair was correct.
The report was then concurred in.
Mr. BENNETT, from the same committee, returned his bill (S. 35) to amend section 433 of a law reform act, approved June 18, 1852, and recommended its passage.
Mr. BENNETT desired to have the present law so amended as that sheriffs shall be compelled to levy on all property alike, whether the party against whom the execntion is issued, be the officer's political friend or foe. He declared his willingness to vote for an increase of the homestead law from $300 to $500, or any other reasonable amount.
Mr. STEVENS moved to concur in the report with an amendment, giving the sheriff nine months to make the money and return executions for the years 1859 and 1860, and thereafter six months.
On motion by Mr. HEFFREN, the amendment was laid on the table - yeas 21, nays 19.
Mr. MARCH had heard no complaint of the law as it exists, and thought it bad policy to change the law in relation to debtor and, creditor at a time when there is no demand for it.
On motion, the bill was laid on the table.
Mr. ANTHONY, from the same committee, returned his bill (S. 20) to amend section 9 of an act to exempt property from sale in certain cases, approved February 17, 1852, and recommended its passage.
The report was concurred in, and the bill passed the second reading.
Mr. WALLACE, from the same committee, returned his bill (S. 46) to amend sec. 4 of an act providing for the election, fixing the compensation and prescribing the duties of the Attorney General of the State of Indiana, and recommended its passage.
The report was concurred in and the bill ordered to be engrossed.
Mr. WAGNER, from the Committee on Education, returned Mr. Bobbs' bill (S. 25) to provide for the redemption or purchase of bank bonds of Indiana, State stocks, &c.. with an amendment and recommended its passage.
On motion by Mr. STUDABAKER it was made the special order for Tuesday next at 10 o'clock A. M.
[A message from the House announced the passage by that body of a joint resolution (H. R, 13) relative to the construction of a canal at the Falls of the Ohio river.]
Mr. WAGNER, from the Committee on Agriculture, returned Mr. Brown's bill (S. 32) for. the better protection of growing cranberries and to prohibit the sale or purchase thereof in the time therein specified, and recommended its passage.
The report was concurred in and the bill ordered to be engrossed.
Mr. TURNER, from the Swamp Land Committee, returned his bill (S. 13) to amend sections 20, 28, 32, 35 and 51 of an act regulating the sale of swamp lands, approved May 29,1852, and recommended its passage.
The report was concurred in and the bill ordered to be engrossed.
NEW PROPOSITIONS.
The following bills were introduced and severally passed the first reading:
By Mr. ODELL, (No. 103) authorizing County Boards to hear and determine complaints against plank, gravel, turnpike or McAdamized roads.
By Mr. MILLER, (No. 104) in relation to abandoned plank, McAdamized or chartered roads.
By Mr. WAGNER, (No. 105) prescribing the forms to be used in criminal cases.
By Mr. HEFFREN, (No. 106) providing for the relief of purchasers of real estate at Sheriff's sales under executions issued on judgments page: 68[View Page 68] against services on recognizances, where such had been taken after the Revised Statutes of 1852 took effect.
By Mr. STUDABAKER, (No 107) to authorize assessors of real property to administer all oaths required to be administered in the discharge of their duties.
By Mr. RICE (No. 108) to amend sections 4, 5, 18, 20, 28 and 32 of the law regulating general elections; approved June 7, 1852; to repeal sections 29 and 30 of said act, and adding a provision supplementary thereto.
[Mr. WAGNER, by leave, submitted a report from the Committee on Education, embracing a history of the sinking fund, which was laid on the table without reading, and 200 copies ordered to be printed.]
By Mr. JOHNSTON, (No. 109) to amend sections 1 and 2 of an act to provide compensation to owners of animals killed or injured by any car, locomotive or carriage of any railroad company in this State, approved March 1, 1853.
By Mr. COOPER, (No. 110) to prohibit Clerks of Circuit Courts and their deputies, and Clerks of Common Pleas Courts an i their deputies from practicing law in the courts in which they are clerks and deputies.
By Mr. FISK, (No 111) to amend section 6 of the 37th chapter of the revised code ot 1852, respecting costs in criminal cases.
By Mr. BOBBS, (No. 112) to amend an act repealing all laws in force for the incorporation of cities, and to provide for the incorporation of cities, approved March 9, 1857, and to provide for the collection of city taxes delinquent alter the first Monday in March, 1859.
[On motion by Mr. COBB,it was resolved that when the Senate adjourn, it stand adjourned till Monday, 2 o'clock P.M.]
By Mr. CONLEY, (No. 113) to provide for stationery and postage for members [$10 of each to each member] of the General Assembly, providing for employing Reporters, and for the publication of the proceedings in certain newspapers, and for the taking of the same.
By the Committee on Education, (No. 114) to authorize the State Board of Education to purchase and place in county and township libraries bound copies of the Indiana School Journal.
BANK OF THE STATE OF INDIANA.
Mr. CONLEY, by leave, offered the following:
Resolved,Mr. CONLEY, by leave, offered the following: Resolved, That the special committee to whom was referred Senate bill (No. 42) are hereby directed to inquire into the management of the Bank of the State of Indiana, and the conduct and transactions of its officers during and since its organization, and that said committee is hearby empowered to send for persons and papers if deemed necessary by a majority of said committee.
Mr. CONLEY said there were indications that this concern has not been properly conducted, and in the event of the discovery of misconduct, this resolution is offered in order that we may have the proper sources of development. If there has boon no mismanagement it world increase the credit of the institution with the people; and these ultra bank men should be the last to oppose the adoption of the resolution.
On a motion to lay the resolution on the table, the yeas and nays were demanded, and bring ordered and taken, resulted - yeas, 18, nays 17 - as follows:
YEAS - Messrs. Anthony, Bennett, Blair, Bobbs, Cobbt Conner, Cooper, Cravens, Craven, Green, Hamilton, Heffren, Hill, Johnston, Odell, Stevens, Turner and Wagner-18.
NAYS. - Messrs. Conley, Fisk, Qoodinjr, Hargrove, Hendry, Jennings, Kinley, Line, Lomax, McClure, March, Miller, Rice, Shoemaker, Slack, Thompson and Wallace-17.
Mr. CRAVENS, when his name was called, said he thought the proposition was intended to injure the currency of the country.
Mr. GOODING, when his name was called, said the repeal of this bank charter might effect the currency somewhat, but currency or no currency, he should vote for the repeal, and let consequences take care of themselves. It were better to have war, pestilence and famine, than to sustain such an institution. The honor of Indi an a requires the repeal of that charter.
Mr. LINE, when his name was called, said he was not here to cast his vote with a view to make war upon any institution of our State, but when the question comes up here to investigate this matter, it seemed out of place to refuse.
Mr. WAGNER, when his name was called, said that, by his vote, he did not express an opinion in favor of covering up any mismanagement on the part of any bank. He took the ground that the Senate had no right to presume matters were going wrong, unless there were charges made.
Mr. WALLACE, when his name was called, said it was contended, as a reason why we can not repeal this charter, that it is a contract; if it is, who are the parties to it? The State of Indiana and certain citizens? If it is a contract, and the State is a party to it, we unquestionably have the right to make this examination. He was in favor of an examination, whenever we can do it lawfully.
So the resolution lies upon the table.
DOG LAW.
DOG LAW. Mr. LINE, (by leave) from the Committee on Agriculture, returned Mr. Fisk's bill (S. 33) to tax dogs, and indemnify owners of sheep, killed or injured by dogs or wolves, with amendments, and recommended its passage.
The report was concurred in, and the bill ordered to be engrossed.
PUBLIC PRINTING.
Mr. WAGNER, (by leave) presented a petition similar to the first one offered this day, praying against the reduction of the prices paid for public printing, and signed by several printers of Williamsport, which was also referred to the Committee on Printing.
And then the Senate adjourned.
