HOUSE OF REPRESENTATIVES.
SATURDAY, JANUARY 22, 1859.Messrs. Knowlton, Stanfield and Sullivan had leave of absence till Tuesday.
OHIO FALLS CANAL.
Mr. CARR asked and obtained leave to submit a joint resolution (No. 13) relative to the construction of a new canal at the Falls of the Ohio river, on the Indiana side.
The joint resolution was adopted - yeas 73, nays 0.
page: 69[View Page 69]TESTIMONY
Mr. DAVIS (by unanimous consent) returned from the Judiciary Committee Mr. Blythe'a bill (28) providing the use of evidence in perpetuating testimony, &c., recommending its passage.
The report was concurred in aad the bill ordered to be engrossed.
DIVORCE.
Mr. DAVIS, from the same committee, returned the resolution of inquiry into the expediency of requiring both parties to an action in divorce, to have a residence of one year, with the expression of opinion that further legislation in this direction is inexpedient.
The report was concurred in.
HIGHWAYS.
Mr. PROSSER (under a suspension of the order of business) introduced a bill (No. 95) to legalize the location, vacation and change of public highways, which was passed the first reading.
Mr. P. said: I have introduced that for the purpose of curing defects in the location of our highways. Owing to the manner in which roads have been located, there is scarcely any road that is legal, and the roads are shut up and obstructed. If the supervisor is indicted, the indictment can not be maintained, and consequently our roads are generally in bad order. I know of no better way of coming at the remedy than by legalizing the roads that have been located. You are aware, sir, that unless the width of the road is specified in the order for location, it is not a lawful road, under the decisions of the Courts, and there are very few roads having the width so specified. I move a suspension of the rules to allow the bill to be read the second time now.
The motion was agreed to, and the bill referred to the Committee on Roads.
On motion by Mr. EDWARDS, the orders were suspended generally for the
INTRODUCTION OF BILLS.
By Mr. HANCOCK, (No. 96) to repeal the second section of the act to authorize new counties, &c.
By Mr. RITTER, (No. 97) to provide for the election of a Superintendent of Public Printing, prescribing his duties, compensation, term of office, &c.
By Mr. WHETZEL, (No. 98) to amend the Supervisor's act of June 18, 1852.
By Mr. EDWARDS, (No. 99) to authorize the publication of certain decisions of the Supreme Court, and the purchase of 600 copies thereof by the State.
By Mr. DOBBINS, (No. 100) for the appointment by the Governor of a State Geologist, &c. [12,000 for the survey; $5 a day; assistants $3 a day when in actual service.]
By Mr. STILES, (No. 101) to regulate practice in civil cases in the courts of this State, in taking exceptions to the overruling of demurrers.
By Mr. JEFFRIE3, (No. 102) authorizing all persons to travel on McAdamized, plank and turnpike roads free of toll, going to and returning from worship on the Sabbath day.
By Mr. EARLY, (No. 103) to amend the 110th section of the school law, and to legalize certain assignments.
By Mr. SHULL, (No. 104) to amend section 7 of the act to authorize the construction of levees, dams, &c., approved June 7, 1852. [Mr. S. stated this bill was identical with his bill (83), which had been read twice and referred to a select committee, and thence lost in the coat pocket of one of the members of that committee, the coat included ]
On a motion by Mr. CLEMENTS, it was twice read and referred again to the said select committee.
By Mr. JONES, (No. 105) to compel the owners of town lots to grade and pave the same, and providing penalty for violation of this act.
By Mr.KELLEY, (No. 106) to amend the 113th section of the assessment act.
By Mr. WATERMAN, (No. 107) to prescribe that the amount of the Sinking Fund on loan or on hand, shall be considered the principal of said fund, and after payment of the interest on the Bank bonds, to appropriate the interest on the balance toward Common Schools, and repealing conflicting laws.
By Mr. PARKS, (No. 108) for the protection of wild cranberries growing on public, State, and non-resident lands in this State, and providing penalty for violation of this act.
By Mr. COTTON, (No. 109) to provide for and secure the rights of married women in real estate.
By Mr. HAMILTON, of Boone, (No. 110) to amend the 76th section of the misdemeanor act of June 14, 1852.
By Mr. MAJOR, (No. 111) concerning licenses to keep ferries; to vend foreign merchandize; to exhibit any caravan, circus, rope or wire dancing, legerdeman, ventriloquism, puppet show, concert, theatrical performance, or any other exhibition, of whatever name or description; to carry on the business of stock and exchange broker ; to regulate the amount of license therefor; to prescribe the duties herein of of the Board of County Commissioners, the County Treasurer and Auditor, Justice of the Peace and Constable, and the person applying for license; relative to the application for, and the issuing of such licenses; the disposal of moneys arising from such licenses, and the remedies for violation of the provisions of this act.
By Mr. BOWMAN, (No. 112) to amend the 9th section of the act for the enforcement of the thirteenth Article of the Constitution of the State of Indiana: [prohibiting the importation of negroes and mulattoes by railroad.]
By Mr. MERRIFIELD, (No. 113) to amend section 5 of the Supervisor's act of June 18, 1852; which bills were severally passed the first reading.
ADMISSION OF KANSAS
The SPEAKER announced the order of unfinished business, viz: the question on the adoption of Mr. Dougherty's joint resolution (12) in relation to the admission of Kansas - the previous question having been demanded and seconded, and the main question ordered thereon.
Mr. DOUGHERTY asked the unanimous consent of the House to pass the subject over inform page: 70[View Page 70]ally, and make this and and Mr. Shield's joint resolution (10) the special order for Friday next. ["Consent," "consent''"No consent"]
Mr. MURRAY. I hope the House will consent.
Mr. NEBEKER, of Warren. Will it not still be under the previous question?
The SPEAKER. It will.
Mr. NEBEKER, Then I move to reconsider the order for the main question.
Mr. DOUGHERTY and Mr. FIRESTONE demanded the yeas and nays, which being ordered and taken, resulted - yeas 18, nays 44 - no quorum voting.
Mr. AUSTIN moved a call of the House, but - The SPEAKER now decided, no motion in order, nor anything but the vote, under the force of the previous question. The vote was taken and resulted - yeas 28, nays 28 - as follows:
YAES - Messrs. Black, Boyd, Carr, Cavins, Claypool, Comstock, Dougherty, Firestone, Gifford, Jones, Kelley, Lawhead, Lewis, Major, Massey, Merrifield, Nelson. Newton, Prosser, Row, Sherman, Shockley, Shull, Snyder, Stanley, Waterman, Wheeler and Wood2 - 8.
NAYS -Messrs. Austin. Boxley, Branham, Brotherton, Clark, Colgrove, Davidson, Fordyce, Hamilton of Boone, Hamilton of Wayne, Harrison, Hartley, Jeffries, Johnston, Mansfield, Murray, Nebeker of Vermillion, Nebeker of Warren, Ritter, Robinson, Scott, Smith of Miami, Thompson of Elkhart, Treadway,Usrey, Weetzel, Wildman and Mr. Speaker - 28.
No quorum voting
Mr. PARKS desired to record his vote, but -
The hour of 11 o'clock having arrived, the Speaker declared there was no result on the queston, and under the standing rule, adjourned the House till Monday, 2 o'clock P. M.
