HOUSE OF REPRESENTATIVES.
TUESDAY, JANUARY 25, 1859.COLONIZATION OF NEGROES.
Mr. PARKS presented the petition of sundry citizens and tax-payers of the State for the repeal of the several acts for colonization of negroes.
Mr EDWARDS. The complaints represented in the petition are not unknown to me, but such a petition I had not expected to come from the quarter it has come from. I am a colonizationist, and believe that the propriety and humanity of that cause frauds have been committed by pretended friends against that common philanthropy that should actuate us all. Hence, its good and true purpose has been prejudiced. I know not what reference the gentleman from Marshall, who presented the petition, desires to make of it, as that courtesy is due to him; but, that there may be an impartial examination of the facts and presentation of the question, I move the reference of the petition to a select committee of five, of which the gentleman from Marshall shall be a member.
The motion was agreed to, and the SPEAKER, makes the committee to consist of Messrs. Edwards, Parks, Murray, Sherman and Boyd.
REPORTS FROM COMMITTEES.
Mr. TURPIE, from the Judiciary Committee, returned the resolution of inquiry into the law of settlement of decedents' estates, and reported a bill [No. 133] to amend sections 45 and 46 of the act for the settlement of decedents' estates, prescribing the rights, duties and liabilities of officers connected with the management thereof, and the heirs thereto, and certain powers to be used in such settlements, approved June 17, 1852, and the supplemental act of February 20,1855, which was passed the first reading.
CIVIL ACTIONS.
Mr. PARRETT, from a majority of the same committee, returned Mr. Prosser's bill [37] to amend the 33d section of the Practice Act of June 18, 1852, so as to require notes to be sued iu the county where the maker resides, with a recommendation that the same be indefinitely postponed.
Mr. PROSSER. submitted a minority report, showing up abuses of the existing law, in which by the transfer of notes, the maker is under the necessity of leaving his own aud going into another county to defend a suit which should have been brought in his own county, and he recommended the passage of the bill.
The report of the majority was concurred in on a division - affirmative 22, negative 20.
WESTERN AROMY.
Mr POWER, from the Committee on Military Affairs, returned Mr. Hunter's joint resolution instructing the Indiana Delegation in Congress to vote for the location of the proposed Armory of the United States at the Falls of the Ohio river page: 78[View Page 78] on the Indiana side, with a recommendation that the same do pass.
The joint resolution was adopted.
LANDLORDS AND TENANTS.
Mr. MASSEY, from the Committee on Rights and Privileges, returned Mr. Durham's bill [51] to amend the act of May 20, 1852, regarding landlords and tenants, &c., with the expression of opinion that legislation on the subject is inexpedient.
The report was concurred in.
Mr. NEBEKER, of Warren, from the same committee, returned Mr. Treadway's bill [26] for the protection of witnesses, with a recommendation that the same be laid on the table.The report was concurred in.
DRAINS.
Mr. MERRIFIELD, from the same committee, returned the petition of Jacob Shaefer, on the matter of draining wet lands, with the expression of opinion that legislation on the subject is unnecessary.
The report was concurred in.
[A message from the Senate now announced the passage of bills of the Senate, numbered 30, 10, 11,107.]
THEATRICAL REPRESENTATIONS,&C
Mr. BROTHERTON, from the same, returned the resolution inquiring into the expediency of a law for the suppression of theatrical representations, horse racing, "and other things incompatible with true religion and good morals," recommending that the same lay on the table.
The report was concurred in.
Mr. PARKS, from the Committee on Rights and Privileges, returned the resolution requiring said committee to inquire into the expediency of reporting an amendment to a bill on the subject of interest, prohibiting banks from charging a greater rate of interest on notes, bills, &c., than that which is allowed to individuals on money, with the expression of opinion that legislation on that subject is unnecessary and inexpedient.
On motion by Mr. NEBEKER, of Warren, it was laid on the table for the present.
Mr. GRIFFIN, from the same committee, returned Mr. Nebeker, of Warren's bill [22] to amend sections 1,2 and 3, of the act of May 27, 1852, concerning interest on money, striking out and inserting an amendment by way of substitute.
Mr. DAVIS inquired if that rate [of 10 per cent.] would be extended by the bill to the banks. He would interpose no objection to extending that rate of interest to individuals, but would be unwilling to give it to those institutions with large concentrated capital.
On motion by Mr.KEEFER the bill and report were laid on the table for the present.
ROADS.
Mr. COMSTOCK, from the Committee on Roads returned Mr. Jeffries bill [27] to consolidate road companies, with a recommendation that the same do pass.
The report was concurred in and the bill ordered to be engrossed.
Mr. COMSTOCK, from the same committee, returned Mr. Treadway's bill [50] to amend sec. 31 of the supervisor's act of June 18, 1852, recommending passage.
The report was concurred in and the bill ordered to be engrossed.
Mr. PROSSER, from the same committee, returned his bill [95] to legalize the location of roads, recommending passage.
The report was concurred in and the bill ordered to be engrossed.
Mr. HARRISON, from the Committee on County and Township Business, returned Mr. Hamilton, of Wayne's, bill [48] to amend the 6th sec. of the County Board act of June 17 1852, recommending passage.
The report was concurred in and the bill ordered to be engrossed.
ASSESSMENT.
Mr. MELLETT, from the same committee, returned Mr. Waterman's bill [52] providing fo the election and qualification of assessors and defining part of their duties, recommending indefinite postponement.
Mr. WATERMAN submitted a minority report, reasoning in favor of the bill, which proposes the county system of assessment. He supported the bill on the score of economy.
Mr. CLEMENTS hoped the majority would not be concurred in, and sustained the reasoning of the minority. He demanded the yeas and nays on the question of concurring in the report of the majority.
Mr. RYNERSON, (by consent) read a letter from the Auditor of his county, showing the difference between the county and township system of assessment.
The yeas and nays being demanded and taken on concurring in the majority report, resulted yeas 43, nays 46, as follows:
YEAS - Messrs. Austin, Black, Branham, Cavins, Comstock, Cotton, Davidson, Durham, Early, Edwards, Fordyce, Gifford, Hall, of Grant; Hall, of Rush; Hamilton, of Wayne; Harney, Jeffries, Johnston, Jones, Lawhead, McLain, Major, Mansfield, Massey, Mellet, Murray, Martin, Nebeker. of Vermillion; Parks, Power, Scott, Sherman, Smith, of Miami; Stiles, Thompson, of Elkhart, Treadway, Turpie, Usrey, Wheeler, Whetzel, Whiteman, and Mr. Speaker - 43.
NAYS - Baird, Blythe, Bowman, Boyd, Boxley, Brotherton, Carr, Clark, Claypool, Clayton, Clements, Collier, Davis, Dobbins, Dougherty, Firestone, Gregory, Hancock, Harrison, Hartley, Hunter, Jordan, Reefer, Kelley, Kempf, Lewis, Merrifield, Miller, Nebeker, of Warren, Nelson, Newton, Prosser, Ritter, Robinson, Row, Rynerson, Shields, Shockley, Shull, Smith, of Perry; Snyder, Stanley, Summers, Tebbs, Waterman, and Wood - 46.
So the House refused to concur.
On motion by Mr. PROSSER, it was referred to a special committee of five, which the SPEAKER makes to consist of Messrs, Prosser, Waterman, Rynerson, Sherman and Scott.
AGRICULTURAL COLLEGES.
Mr. RYNERSON, from the Committee on Agriculture, returned the joint resolution for a grant of Congress land for Agricultural Colleges, recommending passage
The report was concurred in and the resolution adopted - yeas 84, nays 1.
CANADA THISTLE.
Mr. RYNERSON, from the same committee, returned Mr. Murray's resolution of inquiry against the spread of the Canada Thistle, alleg page: 79[View Page 79] ing no facts in their possession to warrant legislation upon the subject, and recommending indefinite postponement.
The report was concurred in. Mr. EDWARDS, from the Committee on Benevolent Institutions, returned Mr Dobbins' bill, [80] to provide sites for Houses of Refuge for juvenile offenders, &c., recommending that in consequence of the present embarrassed condition of the state of finances, the bill be laid on the table.
The report was concurred in.
LANDLORD'S LIEN.
Mr. JOHNSON, from the select committee thereon, returned his bill, [73] to enable industrious indigent person to rent land, [giving landlords preference in the collection of rents,] recommending passage.
The report was concurred in.
Mr. BAIRD proposed to amend the title of the bill so as to read, a bill to enable landlords to oppress indigent tenants.
Mr. EDWARDS objected, that it was not parliamentary to amend the title till the bill was on the third reading.
Mr. BAIRD proposed to withdraw the amendment. [Cries of "no," "no."]
Mr. ROBINSON. Three years ago, we had a law precisely similar to this. That had been repealed, and now no poor tenant could rent without giving security, and the effect of that was, that many could not rent at all.
Mr. PARKS proposed to amend the amendment by substituting these words: " To give landlords a lien on the crops for the payment of rents.
Mr. DOBBINS desired to make it the special order for Tuesday week, which was rejected.
Mr. PROSSER. Till the fourth of July, which was also rejected, and then -
Mr. Park's amendment and Mr. Baird's amendment were successfully rejected, and the question recurred on engrossment, and the yeas and nays were demanded and ordered thereon.
Mr. MURRAY would like to see the bill referred again, but if forced to the vote, he must vote in favor of it. He considered that there should be better security for the landlord, &c.
Mr. BAIRD. It was going back to the doctrine of the landlord's lein. He believed any honest, industrious man could rent land as much as he required. He reasoned against the bill. He had resisted the petition of a Shylock,in his own county, for a similar law for the benefit of renters of houses, because he knew the petitioner.
Mr. STILES. At the proper time, he should propose to amend so as to give the landlord a lein on the furniture, wife and children of the tenant.
The yeas and nays on the engrossment, [demanded by Messrs. Harney and Brotherton,] were now taken, resulting - yeas 40, nays 48 - as follows:
YEAS - Messrs. Black, Boyd, Carr, Claypool, Clayton, Clements, Cotton, Davidson, Durham, Early, Fordyce, Gifford, Hall of Rush, Hancock, Hunter, Johnston, Lewis, Major, Massey, Merrifield, Murray, Nelson, Newton, Prosser, Robinson, Row, Shockley, Smith of Miami, Smith of Perry, Stanley, Summers, Tebbs. Thompson of Elkhart, Treadway, Usrey, Waterman, Wheeler, Whetzel and Wood. - 40.
NAYS - Messrs. Austin, Baird, Bowman, Boxley, Branham, Brotherton, Cavins, Clark, Colgrove, Collier, Comstrock, Dobbins, Dougherty, Edwards, Firestone, Gregory, Griffin, Hall of Grant, Hamilton of Wayne, Harvey, Harrison, Hartley, Jeffries, Jones, Jordan, Keefer, Kelly, Lawhead, McLain, Mansfield, Mellett, Miller, Martin, Nebeker of Vermillion, Nebeker of Warren, Power, Ritter, Rynearson, Scott, Sherman, Shields, Shall, Sayder, Stiles, Turpie, Whiteman, Wildman, and Mr. Speaker, - 48.
So the bill was rejected.
Mr. DURHAM submitted a resolution, which was adopted, requiring the Committee on Education to inquire into the expediency of amending the school law of 1855, requiring school examiners to classify teachers to whose qualifications they certify.
ELEVENTH JUDICIAL CIRCUIT.
On motion by Mr. FIRESTONE [the order of business being suspended for the purpose] the bill [S. 60] fixing the times of Court in the llth District, was considered and passed the third and last reading, by yeas 79, nays 0.
ROBERT D. EWELL.
Mr. HARNEY, by leave, submitted the memorial of Robert D. Ewell, embracing his claim of $321 00 for apprehending Jonathan S. Owen, a fugitive from justice, and bringing him back from Canada to the Montgomery County Jail, which was referred to the Committee on Claims.
Mr. HAMILTON, of Wayne, submitted a resolution, which was adopted, requesting the Superintendent of the Hospital for the Insane to furnish the House with a list of the number of patients in said Institution, whose parents or guardians pay their expenses, also the amount thus received and the counties from which tney come.
WORK FOR COMMITTEES.
On motion by Mr. SHERMAN, the ordor of business was suspended for the consideration of bills in the calendar on the second reading.
The Judiciary Committee's bill [94] supplemental to the exemption act of February 17, 1852, was considered on the second reading, and referred to Judiciary Committee.
Mr. Hancock's bill [96] to repeal the second section of the county boundary act, was referred to the Committee on County and Township Business.
Mr. Ritter's bill [97] to provide for the election of a Superintendent of Public Printing, was laid on the table for the present.
Mr. Whetzel's bill (93] amendatory of the Supervisor's act of June 18, 1852, was referred to the Committee on Roads.
Mr. Edward's bill [99] to authorize the publication of certain decisions of the Supreme Court, was referred to the Committee on the Judiciary.
Mr. Dobbin's bill [100] to provide for a geological, minerological and agricultural survey of the State[proposing $6,000 a year for "two years lor the survey, and $5 a day for the geologist, and $3 for his assistants for time actually engaged] was referred to the Committee on Agriculture.
Mr. MURRAY submitted a resolution, that when the House adjourns it shall be to meet again to morrow at 2 o'clock, in order that the several committees of the House may attend to the business referred to them.
Mr. MANSFIELD. That would be a saving of time.
Mr. EDWARDS. The business referred to page: 80[View Page 80] the Committee on Benevolent Institutions is of such a diameter as to require them to act when the House is in session, and in order that they may have time to discharge their duty, it is necessary that this resolution should be adopted.
Mr. BAIRD opposed.
The resolution was adopted.
And then the House adjourned.
