IN SENATE.
WEDNESDAY, February 2, 1859.PETITIONS, MEMORIALS AND REMONSTRANCES.
Mr. HILL presented a petition from sundry citizens of Hancock county, praying for the legalizing of ten per cent, interest; which was referred to the Committee on Finance.
Mr. BOBBS presented two petitions from sundry citizens of Marion and Hamilton counties, praying for the enactment of a stringent temperance law; which were referred to the Committee on Temperance.
Mr. BROWN presented a petition from Messrs. Platt and Daniel McDonald, printers and publishers of the Marshall County Democrat, praying against the reduction of the prices now paid for the public printing; which was read and referred to the Committee on Printing.
REPORTS FROM COMMITTEES.
The Judiciary Committee returned the bills of Senators Wallace (119), Bennett (129), Cooper (110) and Bennett (120), recommending passage. The reports were concurred in, the bills severally read by title the second time, and ordered to be engrossed.
The same committee returned Senator Fisk's bill (111), recommending indefinite postponement. The report was concurred in.
TheCommittee oa Education returned Senator Fisk's bill (80), recommending indefinite postponement. The report was concurred in,
The Committee on Corporations returned Senator Hamilton's bill (18), with an amendment, recommending its passage. The report was concurred in and the bill ordered to be engrossed.
A majority of the same committee returned Senator Craven's bill (45), with amendments, one of which makes the killing of animals by railroad companies prima facie evidence of neglect.
A minority of the committee objected to this amendment, and recommended its rejection.
Mr. CULVER favored the recommendation of the minority of the committee.
Mr. COBB was in favor of the adoption of the report of the majority. It seemed to be reasonable upon the ground of evidence. It was a hard matter for a man to prove that his stock was killed by a railroad company through carelessness; for the simple reason that there were seldom any witnesses to the transaction except the employees of the company. He thought a stringent law on this subject would act as a great security to the lives of passengers, for the reason that if the companies are not made responsible for stock killed by them, they would naturally be more careless.
Mr. BOBBS hoped the majority report would prevail.
Mr. CRAVEN spoke in favor of the minority report.
Mr. RICE was in favor of the passage of the bill, and entered his dissent from the objections made by parties opposed to the bill.
Mr. WEIR was uncompromisingly opposed to the amendment, and thought we had no right to require any more from corporations than individuals.
Mr. MURRAY knew that the law we have had, has in a great many instances superinduced carelessness on the part of owners of stock; indeed he knew of instances where they had absolutely driven their animals on the track, to be killed by a railroad company. He moved to recommit the bill with instructions to amend by inserting the following:
SECTION 3. Whenever any stock or other property shall be killed or injured by the cars, locomotives or other machinery of any Railroad Company, at the crossing of any street, alley, or highway, where the same can not be fenced, the said company shall be liable for two-thirds of the value of such property killed, or the injury done, but if on suits brought to recover the value of such stock killed or property injured, it shall be made to appear that the injury resulted from the carelessness or neglect of the Railroad Company, or its agents, then the plaintiff shall recover the full value of such stock killed or property injured.
Mr. CONNER was opposed to the amendment proposed.
Mr. CULVER favored the motion to recommit.
Mr. WEIR was more opposed to the amendment than to the report of the committee, because it proposes to make railroad companies liable, negligence or no negligence.
Mr. MURRAY withdrew his motion to recommit with instructions.
The question being on the amendment of the committee, striking out the language which would make railroad companies liable for stock killed, or injury, whether through negligence or otherwise -
The amendment was adopted - yeas 24, nays 19.
Mr. JOHNSTON, by leave, offered the following, which was adopted:
page: 119[View Page 119]Resolved, That the Committee on the Judiciary be instructed to inquire into the legality and expediency of the passage of a law authorizing county auditors to sell mortgaged lands for the non-payment of principal and interest of any of the school funds, without first having to obtain a payment by foreclosure; and report by bill or otherwise.
Mr. MURRAY then offered the section which he submitted as instructions a few minutes ago, as an amendment to the 3d section of the bill.
Mr. RICE made an ineffectual motion to lay the amendment on-the table.
The amendment was then adopted, by yeas 25, nays 16.
Mr. WEIR made an ineffectual motion to strike out "two-thirds," and insert "six-thirds."
The amendment of the committee as amended was then adopted; and the bill ordered to be engrossed.
The Committee on Corporations returned Senator Culver's bill (37) recommending that it lay on the table. The report was concurred in.
Mr. STEELE, from the same committe made the following report:
MR. PRESIDENT: The Committee on Corporations, to whom was referred the petition of numerous citizens of the County of Tippecanoe, asking this General Assembly to pass a law compelling railroad companies to pay for animals killed by the cars, locomotives or carriages of such companies, on highways and commons, where railroads cannot be fenced, have had the same under consideration and have directed me to report, that in the opinion of said committee, Senate bill No. 45, now pending before the Senate, contains a sufficient provision upon the subject.
The Committee on Banks returned Senator Tarkington's bill (28) recommending its passage. The report was concurred in and the bill ordered to be engrossed.
The Committee on Agriculture returned Senator Line's bill (121) recommending its passage. The report was concurred in and the bill ordered to be engrossed.
The Committee on County and Township Business returned the bill (H. R. 11) to amend sec. 21 of an act providing for the organization of County Boards, and prescribing some of their powers and duties, recommending its passage.
The report was concurred in and the bill read the second time by title.
On motion by Mr. BLAIR, the bill was read the third time and finally passed, by yeas 35, nays 7.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. BEESON, by leave, introduced a bill (No. 144) for extending the time of holding courts in the 13th Judicial Circuit, which was read the first time.
On motion by Mr. CONNER, the rules were suspended yeas 37, nays 0-the bill read the second time by title, and referred to a select committee, which is made to consist of Senators Beeson, Studabaker and Conner.
On motion by Mr. WILSON, his bill (102) to amend section 3 of an act to establish Courts of Common Pleas, approved May 14, 1852, was taken up for consideration.
Mr. TARKINGTON offered a substitute re-districting for Common Pleas purposes the entire State - reducing the number of courts from 44 to 20.
On motion by Mr JENNINGS, the substitute was laid on the table.
Mr. TARKINGTON made an ineffectual motion to lay the report and bill on the table.
Mr. TARKINGTON moved to indefinitely posspone the bill.
The motion was lost by yeas 9, nays 43.
Various amendments, by way of rider, entirely of a local character, were offered, adopted or rejected, and freely discussed, when -
The bill as amended, was finally passed the Senate by yeas 20, nays 13.
The Committee on County and Township Business, by direction of a resolution of the Senate, reported a bill (S. 145) abolishing the present mode of doing township business, which lies on the table till reached in regular order of business.
Mr. BLAIR, from a select committee, returned Senator Bobb's bill (49) fixing the times of holding courts in the 5th Judicial Circuit, recommending its passage.
On motion by Mr. HEFFREN, the recommitted for perfectment.
Mr. BOBBS, from a select committee [?] his bill (112) to amend the city act of March 1857, and provide for the collection of city taxes delinquent after the first Monday of March next, recommending its passage.
The report was concurred in, and the bill ordered to be engrossed.
Mr. CULVER, from a select committee, returned Senator Hargrove's bill (81) fixing the compensation of executors and administrators, and repealing section 148 of the Revised Statutes of 1852, recommending its passage. [This bill proposes to allow to administrators 5 per centum for the first $1,000; under $1.000, the Judge may allow what he deems right and just; over $1,000 and up to $5.000, 2 1/2 per cent.; and upon real estate, 2 1/2 for all sums under $1,000.]
Mr. WEIR made an indefinite motion to amend so that administrators should have no pay at all.
Mr. SLACK made an ineffectual motion to lay the report and bill on the table.
The report was concurred in, and the bill ordered to be engrossed.
Mr. COOPER, from a select committee, returned a temperance bill (S. 13) recommending its passage.
On motion by Mr. CONNER, the subject was postponed till Tuesday next at 10 o'clock.
Mr. JOHNSTON, by leave, offered the following:
Resolved,That the Door-keeper be directed to take the new $10 chairs out of the Senate Chamber, and replace the old ones, so that Senators will not be put to the trouble of picking themselves up [from the floor] to the amusement of the Senate.
Mr. CARNAHAN moved to amend as follows:
WHEREAS - the chairs furnished to the Senate by John Ottare not made in a good and substantial manner, according to contract: Therefore,
Resolved,That the Door-keeper be directed to return said chairs, and inform the maker that no chairs are wanted by this body.
Mr. SLACK made a motion to lay the resolution and amendment on the table.
page: 120[View Page 120]This motion was lost, by yeas 16, nays 18.
Mr. GOODING moved to strike from the amendment the words: "and inform the maker that no chairs are wanted by this body."
Mr. WALLACE moved to lay the whole mat ter on the table.
Mr. MARCH called for a division of the question.
The PRESIDENT pro tem, submitted the question, and, upon announcing the vote, declared the whole matter as laid on the table.
And then the Senate adjourned.
