HOUSE OF REPRESENTATIVES.
THURSDAY, February 3, 1859.PETITIONS AND MEMORIALS.
By Mr. MELLETT: of John B. Wilson and others, of Henry county, for the protection of quails which was referred to the Committee on the Judiciary.
By the SPEAKER: of the Sheriff of Marion county, presenting his claim for expenses incurred in the capture of a fugitive from justice.
By Mr. GRIFFIN: of John DeGraff and others, citizens of Lake county, for an amendment of the Road law, which was referred to the Committee on Roads.
By Mr. WILDMAN: of Alexander Hamilton and other citizens of Lagrange county, for the destruction of the Canada Thistle, which was referred to the Committee on Rights and Privileges.
By Mr. SMITH, of Miami: of H. Richards and other practical printers, against the reduction of the prices of ihe Public Printing, which was referred to the Committee on Public Expenditures.
By the SPEAKER: of William Sheets, of Marion county, with reference to his leases of water power on the canal, claiming damages to the extent of $42,000, &c., which, on motion of Mr. Blythe, was referred to a select committee of five, which the SPEAKER makes to consist of Messrs. Blythe, Stanfield, Davis, Mellett and Turpie.
By Mr. MERRIFIELD: of sundry citizens of Valparaiso, Porter county, presenting claims for the recapture of fugitives from justice, which was referred to the Committee on Claims. The committee is Messrs. Colgrove, Gifford, Turpie, Snyder and Martin.
By Mr. SMITH, of Perry: of Messrs. Reynolds and others of his county, on the subject of is bill in relation to the removal of the county seat of said county, and asked that it be referred to a committee of five, of which he desired not to be a member.
REPORTS FROM COMMITTEES.
By Mr. CAVINS: (Judiciary) - returning his bill (85) for the relief of Peter Shuhz, recommending passage.
The report was concurred in, and the bill ordered to be engrossed.
By Mr. MELLETT: (Judiciary) - returning his bill (82) to regulate practice in cases appealed to the Supreme Court, recommending passage. The report was concurred in, and the bill ordered to be engrossed.
By Mr. MELLETT: (Judiciary)returning Mr. Manfield's bill (147) to authorize the Board of Directors of any incorporated company to reduce the amount of their capital stock, and the nominal value of shares, recommending passage.
The report was concurred in, and the bill ordered to be engrossed.
Mr. COLGROVE, from the Judiciary Committee, submitted a report responding to a resolution of the House, inquiring whether the Legislature "has the power to prohibit the issuing and circulation of bank bills of a less denomination than $5, by banks in this State," alleging that by the 3d section of the act of 1852, the free banks were expressly authorized to issue bills of the usual denominations, from one to five hundred dollars. The amended act of 1855, restricts them to the twelfth part of their respective issues. These acts also expressly reserve the right of the State to alter, amend, or change the law on that subject; and the free banks have accepted their franchises with this condition. Therefore the Legislature have the power, &c. But the 53d section of the act under which the Bank of the State has organized, expressly authorizes that bank to make one-sixth of her issues of a less denomination than five dollars, and the State has not reserved the right to alter that; and it continues twenty years. The committee regard this as "a contract between the State and corporation, and that the State has no legal right to violate it by increasing the obligations, or imposing restrictions on the bank not provided for by the original act." The committee are also of opinion, that "a law restricting our free banks would be unjust and inexpedient."
By Mr. PARRETT: (Judiciary) - returning Mr. Stiles' bill (101) to regulate practice in the Courts, in taking exceptions to the overruling of demurrers, recommending passage.
By Mr. COLGROVE; (Judiciary) - returning Mr. Sherman's bill (168) to amend the act authorizing railroad and other road companies to borrow money, recommending passage.
These reports were concurred in, and the bills severally ordered to be engrossed.
By Mr.STANFIELD: (Judiciary) - returning Mr. Scott's bill (31) to amend the 228th section of the practice act of June 18, 1852, with the expression of opinion that legislation is inexpedient thereon, unless the restrictions aie taken off and all parties allowed to testily in their own cases. The committee recommended indefinite postponement.
The report was concurred in, and the bill postpened.
By Mr. PARRETT: (Judiciary) - returning the resolution of inquiry into the constitutionality of section 6 of an act, entitled An Act regulating the lees of officers, page 291, when compared with section 21, article 1, of the Con page: 126[View Page 126] stitution of the State of Indiana," with the suggestion that it is unnecessary to inquire into the constitutionality of the section and act referred to, the same having been repealed in 1855, and that they deem inquiry as to any conflict of principle of that section, or any law containing a similar-section with the Constitution of the State, as unnecessary, the same having been settled by the uniform rulings of the courts of the State, and therefore they recommend that the resolution be indefinitely postponed.
The report was concurred in, and the bill postponed.
By Mr. STANFIELD: (Judiciary) - returning Mr. Parks' bill (126) to amend the act for the election of Circuit Court Clerks - section 2, chapter 5, second volume Revised Statutes, recommending indefinite postponement.
The report was concurred in, and the bill was postponed accordingly.
THE STATE FINANCES.
Mr. BRANHAM, from the Committee on Ways and Means, reported the following bills:
An act (192) defining certain felonies and misdemeanors, prescribing penalties therefor, and providing certain evidence on the part of the State.
An act (193) relative to the salaries of public officers, and providing for paying the same, and the manner of reimbursing the State for an increase of their salaries- [Governor $3,000--Treasurer--2,500--Auditor 2,000--Secretary of State--$1,500--Comptroller $1,500--&c.]
An act (194) to provide for the election and prescribe the duties of a Comptroller of State.
An act (195) to provide a safe treasury system for the State of Indiana; for the manner of receiving, holding and disbursing the public moneys of the State, and in the several counties of the State.
On motion by Mr. BRANHAM, (the rules being suspended in each case - yeas 81, nays 0) - these several bills were read the second time, laid on the table, and 300 copies thereof ordered to be printed - 200 for the use of the House of Representatives, and 100 copies for the use of the Senate.
Mr. STANFIELD: (Judiciary Committee) returned the bill (131) to secure dues from private corporations, with an amendment striking out the second section, and inserting:
SECTION 2, The stockholders and members of such corporation shall be individually liable for its debts, to an amount equal to the interest or stock which they may respectively have therein, and the privileges and immunities which they have heretofore granted to such corporation, shall, upon the same terms equally belong to all citizens who may desire to incorporate themselves for the same purposes, subject to the individual liability aforesaid.
The report was concurred in, the amendments adopted, and the bill ordered to be engrossed.
By Mr. STILES, from the Judiciary Committee, returning Mr. Clement's bill (129) touching proceedings in abatement, and dilatory defenses in civil actions, with an amendment striking out the words "dilatory defenses," and recommending passage.
The report was concurred in, arid the bill ordered to be engrossed.
By Mr STILES: (Judiciary)returning Mr. Boyd's bill ( ) to compel owners of town lots to grade and pave the same, with an amendment, striking out the words "together with 25 per cent. damages," and recommending passage.
The report was concurred in, and the bill ordered to be engrossed.
PUBLIC NOTICE OF ADMINISTRATORS.
Mr. STANFIELD moved to reconsider thc vote of this morning, concurring in the Judiciary Committee's report to postpone Mr. Park's bill, No. 126.
Mr. PARKS considered it an important bill. It was to change the practice of the clerk in making publications in administration cases, and giving the control of publication to the party himself or his attorney. This was to provide against the negligence of clerks to the injury parties. This was especially so in the casetf administrators. His constituents desired this change, because it would facilitate proceedings and save expense of costs, &c.
The House refused to reconsider.
Mr. MANSFIELD, from the Committee on Education, returned Mr. Waterman's bill (107) appropriating the proceeds of interest Sinking Fund to the support of common schools with an amendment, proposing a preamble, viz:
WHEREAS, The 114th section of the Old State Bank Act prescribes that the principal and interest of the Sinking Fund shall be reserved and set apart for the purpose of paying off certain State debts and the interest thereon and for no other purpose till that is accompiished; but that the residue of said fund shall become a permanent fund, to be applied to the support of common schools, as the General Assembly shall direct:
AND WHEREAS, The present means and assets of the said fund are more than sufficient to meet the aforesaid demand:
AND WHEREAS, By the act to secure te State debt to said Sinking Fund, of December 23,1858, the States has warranted the full and prompt discharge of said liabilities.
AND WHEREAS, The evident intention to secure the payment of the aforesaid liabilities, as expressed in the 114th section of the Bank Act, has now been fully complied with: Therefore.
Also, striking out the 5th section, and adding-an emergency.
The report was concurred in, and the bill to ordered to be engrossed.
By Mr. BOYD: (Education)returning the memorial of the Trustees of the town of Carlisle, with the expression of opinion that legislation on the subject is unnecessary and inexpedient.
The report was concurred in.
By Mr. CAVINS: (Claims) returning Mr. Murray's bill (180) for the relief of Joe Ellis with the expression of opinion that Ellis' remedy is on his deed as occupying claimant, and recommending the reference of the bill and memorial to the Committee on the Judiciary.
The report was concurred in.
By Mr. BRANHAM: (Sinking Fund) returning the resolution inquiring whether any law or public interest would be infringed by appropriating annually the unexpended balance of interest on the Sinking Fund for the support of common schools, with the expression of opinion that such an appropriation would be in violation of the act creating the Sinking Fund - and asking to be discharged from the further consideration of the subject.
The report was concurred in.
page: 127[View Page 127]By Mr. NELSON: (Rights and Privileges) returning Mr. Blythe's bill (146) to amend the act incorporating Insurance Companies, of June 7,1852, recommending passage.
The bill was rejected.
INDIAN AND NEGRO TESTIMONY
By Mr. JEFFRIES: (Rights and Privileges) a majority reporting a bill (196) to repeal the set to prohibit the evidence of Indians and persons having one eighth of negro blood, where white persons are parties in interest, approved February 14, 1853.
Mr. DOUGHERTY. Is there no minority report?
Mr. MERRIFIELD There will be one.
Mr. DOUGHERTY. I think there ought to be.
Mr. JEFFRIES had hoped this would not be made a party question. He knew that many of the greatest rascals, in his part of the country, went unwhipped of justice because of the existence of this act, the repeal of which is so respectably petitioned for from his county.
Mr BLYTHE moved to reject the bill, seconded by Mr. EDWARDS - and the yeas and nays being ordered and taken thereon, resulted - yes 64, nays 20 - as follows:
Messrs. Baird,Blythe, Bowman, Boyd, Branham, Carr, Cavins. Claypool, Clayton, Collier, Davidson, Dobbins, Dougherty, Devol, Early, Eastham, Edwards, Firestone, Fordyce, Gifford, Gregory, Hamilton of Boone, Hancock, Harney, Harrison, Hartley, Hunter, Johnston, Jones, Jordan, Keefer, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Mansfield, Massey, Merrifield, Miller, Martin, Nebeker of Vermillion, Nebeker of Warren, Nelson, Newton, Parrett, Prosser, Row, Rynerson, Shields, Shockley, Shull, Smith of Miami Smith, of Perry, Snyder. Stanley, Sullivan, Thompson of Elkhart, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler, Whetzel and Wood-64.
NAYS - Messrs. Austin, Boxley, Brotherton, Clark, Comstock, Hall of Grant, Hamilton, of Wayne, Jeffies, Mellett, Parks, Power, Ritter, Robinson, Scott, Sherman, Stanfleld, Stiles, Treadway, Whiteman and Wildman - 20.
So the bill was rejected.
PROTECTION OF FISH.
By. Mr. BROTHERTON: (Rights and Privileges)returning Mr. Scott's bill (121) for the protection of fish in the lakes of this State, with a substitute prescribing $5 to $50 fine for taking ty seine or shot between the first day of March and the first day of September - compelling participants to testify.
Mr. WHETZEL moved to recommit, with instructions to amend, by including creeks and rivers whereof both banks are within this State.
Mr. STANFIELD. Does that bill prohibit fishing with hook and line; if it does, I am against it. [Laughter]
Mr. Scott was opposed to the amendment.In the northern part of the Stite were lakes furnishing fish abundantly, and persons from abroad were in the habit of netting and seining during the spawning season, and soon they would exterminate the small lake fish. It was not proposed to interfere with taking fish by hook or gig. There were numerous petitioners for the law.
Mr. HAMILTON, of Boone, hoped the amendment would be adopted, without layering either the bill or the amendment.
Mr. SULLIVAN moved to lay the amendment on the table.
Mr. HAMILTON, of Boone: And the bill also.
The latter motion was agreed to - affirmative 32, negative 29.
Mr. PARKS(Rights and Privileges)returned his bill (108) for protection ot cranberries, with an amendment by way of substitute, and recommending passage.
On motion by Mr. KEEFER, the bill was laid on the table.
On motion by Mr. KEEFER, Mr. Row was allowed leave of absence till Monday.
By Mr. RYNERSON - (Benevolent Institutions)returned the letter of the Superintendent of the Blind Institution, relative to blindness induced by intermarriage of persons connected by ties of consanguinity, with the expression of opinion that action is unnecessary.
Mr. STANFIELD, from the Committee on Corporations, returned his bill (5) to incorporate school townships; defining their powers; requiring the title of school lots to be vested in the corporate name of the township, town or city, in which the same is situate; authorizing public school houses to be occupied for private schools and for other meetings; to authorize the Common Council or Aldermen of a city, and the Trustees of an incorporated town to levy all taxes for schools and for the building and repair of school houses, and to repeal all laws inconsistent with this act, without amendment and recommending its passage.
The report was concurred in, and the bill ordered to be engrossed.
By Mr. BROTHERTON: (Corporations)- returning the resolution inquiring Into the expediency of requiring railroads to fence their tracks except where the same are cross; d by public highways, or where they traverse the plats of towns and cities, recommending that the same be laid on the table.
The report was concurred in.
SMALL BANK BILLS.
Mr. JONES, from the select committee thereon, returned his bill (74) to prohibit the circulation of bank bills of a less denomination than $5, fixing penalty, &c., recommending passage.
Mr. BLYTHE. Precisely a similar question had been acted on this moaning. He referred to and read from the law, in page 240 of the act of 1855clearly giving to the bank the power of issuing notes of a lesa denomination than $5, but not less than $1, &c.
Mr. DOUGHERTY saw. nothing in that to prevent the Legislature from prohibiting the circulation of small bills. If this were so - if the Legislature were to be fettered in is action by that bank charter, it was time to be getting rid of it. He regarded it as a settled determination on all sides, to return gradually to a specie circulation, &c.
Mr. BOYD read a part of the 93d section of the Bank Charter, authorizing amendments thereof, &c.
Mr. DOUGHERTY supposed that would involve the consent of the Directors.
Mr. HARNEY. We should judge for ourselves of the constitutionality of our acts here; and he considered that we had the same right to page: 128[View Page 128] amend the bank charter that we have and exercise with reference to any other Statute. If we have the right to amend a general incorporation law, we certainly may exercise the same right with respect to special charters. He reasoned on this, and on the necessity of the passage of the bill to thrust out the small bills with which we are flooded from other States.
Mr. NEBEKER, of Warren, alleged that this bill involved an impracticable proposition. It had failed of enforcement, not only in this State, but in the States of Ohio and Illinois.
Mr. HALL, of Rush, objected to the bill, on account of the inconvenience in carrying small change in metal. Neither was it desired by the people, as he believed.
Mr. BAIRD was surprised to hear Mr. Dougherty admit that, though we might not have the power to prevent their circulation, &c.
Mr. JONES. The laws of Kentucky, prohibit successfully the circulation of small notes from other States. The former law in this State was not like this, neither have they any such legislation in Ohio and Illinois.
Mr. TURPIE favored t-he principle of the bill, but was unwilling to discriminate in favor of the State Bunk, &c. On his motion, the bill and amendment proposed, were referred to the Committee on the Judiciary.
Mr. COLLIER, from the select committee thereon, returned the Temperance Committee's bill (114) to prevent the sale, barter, or given away of mixed or adulterated, spirituous or malt liquors, recommending its passage.
The report was concurred in, and the bill was ordered to he engrossed.
Mr. BOYD, from the select committee on the resolution for paying Supervisors by exemption from future service, reported a bill (196) to amend the act providing for the election or appoint merit of Supervisors, &c., approved June 18, 1852, which was passed the first reading.
Mr. BROTHERTON, from the select committee on Mr. Sherman's bill (118) to enforce payment of deposits and bank issues, returned the same with a recommendation that the same be laid on the table.
The report, was concurred in.
RESOLUTIONS.
By Mr. DOBBINS, which was adopted:
Resolved, That the Committee on County and Township Business inquire into the expediency of so amending the law regulating County Surveyors as to enable the land-owner dissatisfied with his survey, to call in two or more County. Surveyors and have the same satisfactorily adjusted, and so avoid litigation.
By Mr. JONES, which was rejected:
Resolved,That the use of this House be granted to the Indiana Association for the Advancement of Science on Friday evening next at 7 o'clock.
By Mr. HUNTER, which was adopted:
Resolved, at the Auditor of State be requested to furnish this House immediately of what amounts of money have been audited and paid out of the treasury of the former and the present Secretary of State, and for what purposes; and also, what amounts have been audited and paid out, and to whom, for the selection of swamp lands.
By Mr. SULLIVAN:
Resolved,That in the opinion of this House there should be a law regulating the sale of patent medicines and quack nostrums, so as to prevent, as possible, the frauds daily practiced upon the people by the sale of such compounds.
On his motion it was referred to a select committee of five, viz: Messrs. Sullivan, Sherman, Comstook, Mellett, and Robinson.
By Mr. PARRETT, which was adopted:
Resolved,That the Committee on Benevolent Institutions be requested and instructed to report a bill providing for the enlargement of the Hospital for the Insane, so as to afford accommodations for patients discharged as incurable.
By Mr. RYNERSON, which was adopted:
Resolved,That the Committee on Benevolent Institutions be authorized to send for persons and papers to administer oaths, and do all things necessary to a full and complete investigation of the offices of the Benevolent Institutions of the State.
y Mr. TURPIE: for a joint convention of the two Houses, next Wednesday 10 o'clock to go into the election of Trustees and Commissioners for the institutions for the Deaf and Dumb, the Blind, and the Insane, which was laid on the table.
Mr. KNOWLTON, which was rejected:
Resolved,That the Committee on Public Buildings be requested to inquire into the expediency of this authorizing the building of a new State-house, for legislative and judiciary purposes, within the next two years, and to report by bill or otherwise. B
By Mr. SCOTT, which was adopted:
Resolved,That the Judiciary Committee inquire whether the crime of procuring abortion has a sufficient punishment under the Statutes - equal to the enormity of the offence.
By Mr. WATERMAN: which was rejected:
WHEREAS,It appears to be a conceded fact that the people of the State of Indiana are more heavly taxed than the people of ary of the surrounding States, and it is further conceded that the people of said State of Indiana are taxed higher than they should be; therefore,
Resolved, That a committee of five be appointed, whose duties, it shall be to take into consideration all matters of public business. State, county or township, and inquire whether the public expenses can not be reduced by simplifying business, &c ; and that said committee report, from time to time, by bill or otherwise.
By Mr. SHULL: which was adopted:
Resolved, That the Trustees of the Wabash and Erie Canal be requested to furnish this House at their earliest convenience, with a statement of the amount of land sold since the transfer of the canal to the bond holders.
Mr. Robinson's resolution, submitted under the rule for changing the order of business, was now taken from the table and adopted. It is as follows:
Resolved,That after the adoption of this resolution the orders of the day shall take preedence of resolutions and the introduction of bills in the order of business.
GENERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH.
Mr. STANFIELD submitted a joint resolution (24) authorizing the General Assembly of the Presbyterian Church to hold their next session in the Hall ot the House of Representatives, and adding the use of the Senate Chamber and committee rooms, and the use of the books in the State Library, on the same terms they are accorded to members of the Legislature; which was adopted, and sent to the Senate - yeas 63, nays 4.
AFTERNOON SESSION.
On motion by Mr. CAVINS, the special order Mr. Davis' bill, No. 1was postponed till Tuesday, two o'clock, P. M.
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