HOUSE OF REPRESENTATIVES.
TUESDAY, February 8, 1859.PETITIONS.
By Mr. HUNTER: from sundry citizens of Jeffersonville, Clark county, asking for a registry election law and the qualifications of voters restricted to citizens of the United States, which was referred to the Committee on Elections.
By the SPEAKER: a communication from the President of the Board of Trustees of the Wabash and Erie Canal, responding to a resolution of the House requiring a statement of moneys paid to said Trustees on account of salaries, perquisites and traveling expenses since the creation of said Board; also, another communication from the same source, embracing a statement of the canal lands sold and unsold information hereto fore communicated in the last annual report of the Board.
By Mr. MELLETT: from Charles D. Morgan and others, for a conventional rate of interest, which was laid on the table.
By Mr. McLAIN: of Norman Ranstaff and others, on same subject, which was laid on the table.
By Mr. GRIFFIN: a swamp land petition, which was referred without reading.
REPORTS FROM COMMITEEES.
Mr. COMSTOCK, from the Committee on Roads, returned Mr. Hancock's bill (153) with reference to the width of highways.
Also - Mr. Massey's bill (132) to authorize County Commissioners to abolish road districts within the limits of incorporated towns ar d cities, recommending their indefinite postponement.
The reports were agreed to.
Mr. EDWARDS, from the Committee on Benevolent Institutions, returned Mr. Parks' bill (161) to repeal the Colonizition Act, and the accompanying petition from sundry citizens of Marshall county, recommending that they be referred to the select committee on that subject.
The report was concurred in.
Mr. MELLET, from the select committee thereon, returned the bill (S.144) recommending its passage, and the same was ordered to be engrossed.
Mr. COLGROVE, from the select committee thereon, returned his bill (119) to provide for the distribution of the Sinking Fund, recommending ts passage.
It was made the special order for Tuesday next, 10 o'clock.
The bill (S. 102) to amend the act establishing the several districts of the Court of Common Pleas, &c.,(re-districting the entire State) coming up, it was passed the first reading.
The bill (S. 49) fixing time of Courts in the 5th Judicial Circuit, was passed the first reading.
On motion by Mr. CAVINS, (under a suspension, ) it was read the second time by title, and ordered to a third reading.
The bill (S. 172) fixing Court time in the First Judicial Circuit, and -
page: 150[View Page 150]The bill (S. 142) to amend the appraisement act of 1852were severally ordered to the third reading to-morrow.
FUGITIVES FROM JUSTICE.
Mr. TURPIE, (under a dispensation of the orders,) returned from the select committee thereon, Mr. Hamilton of Wayne's bill, with an amendment by way of substitute.
Mr. T. said: The principle of delivering up fugitives from justice to other sovereignties has been recognized in this State, but not hitherto regulated by statute. This amended bill provides for the Governor's delivery of fugitives to the proper authorities of another sovereignty, if the offense alleged be felony by common law or by the laws of this State, or the State from which they have fled; provided such State shall reciprocate, &c.
The amendment was adopted and the bill ordered to be engrossed.
M. BAIRD, (under a dispensation) returned from the Judiciary Committee, his bill (134; to amend the first section of the act of May 6, 1852, so as to allow a woman who has married an alien and lives abroad, to hold real estate, recommending passage.
The bill was ordered to be engrossed.
Mr. SHERMAN (under a dispensation) introduced a bill (206) to amend the 36th section of the act defining misdemeanors and prescribing punishment therefor(abor[?]on,) which was passed the first reading.
WORK FOR COMMITTEES.
The committee bills (204, 205) were referred to the Committee on Benevolent Institutions.
Mr. Prosser's bill (203) was referred so Messrs. Prosser, Blythe and Colgrove.
The bill (S. 1) amendatory of the divorce laws and (S. 8)coining up on the second reading they were referred to the Committee of the Judiciary.
COMPANIES MAY REDUCE THEIR STOCK.
Mr. Mansfield'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 thereof, and to issue certificates of stock therefor, was considered and passed the final reading - yeas 67, nays 17, as follows:
YEAS - Messrs. Baird, Black, Blythe, Boyd, Boxley, Branham, Brotherton, Carr, Cavins, Clark, Claypool, Clayton, Collier, Cotton, Davis, Dobbins, Dougherty, Durham, Devol, Early, Edwards, Firestone, Fordyce, Gifford, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Harney, Harrison, Hartley, Hunter, Jeffries, Johnston, Kempf, Knowlton, Major, Mansfield, Massey, Mellett, Merrifield, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Nelson, Newton, Robinson, Scott, Sherman, Smith of Miami, Smith of Perry, Snyder, Stanley, Stanfield, Stiles, Sullivan, Tebbs, Thompson of Elkhart, Thompson of Madison,Turpie, Usrey, Waterman, Whetzel and Mr. Speaker- 67.
NAYS - Messrs. Austin, Comstock, Jones, Keefer,Kelly, Lawhead, Lewis, McLain, Parks, Prosser, Row, Shields, Shockley, Wheeler, Whiteman, Wildman and Wood-17.
Mr. BAIRD (under a dispensation,) returned from the Judiciary Committee the bill (158) to provide for the management of the estates of persons who have absented themselves without making provision for the support of their families, recommending passage.
The bill was ordered to be engrossed.
Mr. Brotherton's bill (39) to amend the 37th section of chapter 6, of the 2d volume of the Revised Statutes, which had hitherto failed for want of a constitutional majority, coming up again on third reading -
Messrs. HAMILTON of Boone, PROSSER and THOMPSON of Madison, considered this legislation unnecessary. You could not sell cake or a watermelon within two miles of a religious meeting, without permission of those controlling such meeting, &c.
This vote was reported - yeas 38, nays 39 as follows:
YEAS - Messrs. Austin, Black, Branham, Brotehrton, Carr, Cavins, Clark, Collier, Comstock, Fordyce, Gregory, Griffin, Hall of Grant, Hall of Rush, Harrison, Hunter, Jeffries, McLain, Mellett, Martin, Nebeker of Vermillion, Nebeker of Warren, Newton, Parks, Power, Robinson, Rynderson, Scott, Sherman, Shockley, Smith of Miami, Sullivan, Thompson of Elkhart, Waterman, Wheeler, Whiteman, Wildman, Mr. Speaker - 38.
NAYS - Messrs. Blythe, Boyd, Boxley, Claypool, Clayton Davis, Dobbins, Dougherty, Durham, Early, Firestone, Gifford, Hamilton of B., Hancock, Harney, Hartley, Johnston Jones, Keefer, Kelly, Kempf, Knowlton, Lawhead, Lewis, Mansfield, Massey, Merrifield. Miller, Murray, Nelson, Prosser, Row, Shields, Stiles, Tebbs, Thompson of Madison, Usrey, Whetzel, Wood - 39.
So the bill was lost.
Mr Robinson's bill (49) to reduce the width of the Michigan road to 40 feet, coming [?] on the motion of Mr. MELLETT, it was refered to the Committee on the Judiciary.
Mr. Early's bill (72) to amend to enact of March 1, 1853, allowing compensation for animals killed by railroads, coming up
Mr. HARNEY queried as to how [?] the man who allowed his stock to run upon railroad tracks was the party liable. It seemed to him that there should be some provision of law against this abuse of privilege. He had heard of cases where parties prejudiced against a railroad had salted and fed their stock on the track, and although lives have been lost and damage to machinery sustained, from such wilful negligence, the bill assumes that they are not liable for these irreparable injuries and damages. He would like to have a report on the bill. There bad been court decisions holding the owners of such stock to a certain degree of responsibility.
Mr. EARLY. When individual interests are at stake, we meet as individuals. It is a custom of the country for stock to run at large, and the only question here to determine is, whether these soulless corporations are to have exemption from the effects of this custom. However, believing the bill embraced a just principle, and desiring that it should be perfected in detail, he would move to reconsider the vote ordering its engrossment, that it may go to the Judiciary Committee.
This course was taken by consent.
Mr. Mellett'sbill (82) regulating practice in cases appealed to the Supreme Court, coming up, it was passed the final reading - yeas 65, nays 11.Mr. Cavin'sbill (85) for relief of Peter Shultz, was passed the final reading - yeas 77, nays 1.
Mr. Stiles' bill (88) to amend the practice act, so as make sureties as well as principals liable on forfeited recognizances - was rejected on the final reading - yeas 23,nays 55.
Mr. Jeffries' bill (102) authorizing travel free of toll to worship on Sunday, coming up -
page: 151[View Page 151]Mr. MELLETT and Mr. PROSSER regarded the provision of the bill unjust to turnpike stockholders, and as liable to abuse.
Mr. JEFFRIES He represented a county (Wayne) having more turnpikes than all the balance of the State, and many stockholders were petitioners for this bill.
Mr. FIRESTONE would have no toll-gates on the way to Heaven.
Mr. RYNERSON was ever on the side of the people before soulless corporations.
Mr. COMSTOCK. During the extra session he had voted for such a bill as this, and that vote did not meet with favor in his county. The plank roads in his county were non-paying. The proceeds would hardly keep up the roads. Under these circumstances he should now vote against the bill.
Mr. MANSFIELD was in favor of the principle of the bill, but it ought to be in the charters of the roads.It would hardly be just to infringe chartered rights.
Mr. GIFFORD should vote against the bill for a similar reason. It was an easy matter, in most cases, for church-going people to make arrangements with road companies to go and return without toll.
Mr. NEBEKER, of Warren, also opposed the bill from the consideration of abuses to which the Dill would be liable. He requested the Clerk to read an argument against it from the Richmond Palladium. This matter should be left in the discretion of the companies.
Mr. JEFFRIES replied, giving the origin of the Palladium article - got up for the benefit of a company to which a portion of the National Road had been given up. There was a statute against false pretenses at toll gates, &c.
Mr. DAVIS queried the legal right involved.
Mr. LAWHEAD, concurring with Mr. Jeffries, demanded the previous question, and under its force the bill was rejected - yeas 38, nays 40 as follows:
YEAS - Messrs. Austin, Black, Boxley, Carr, Cavins, Claypool, Clayton, Colgrove, Edwards, Firestone, Hall of Grant, Hancock, Harney, Harrison, Hartley, Jeffries, Johnston, Kelly, Lawhead, McLain, Newton, Parks, Robinson, Row, Rynerson, Scott, Sherman, Shields, Snyder, Stanley, Sullivan, Tebbs, Thompson of Elkbart, Usrey, Waterman, Whiteman, Wood and Mr. Speaker - 38.
NAYS - Messrs. Baird, Blythe, Boyd, Branham, Brotherton. Clark, Collier, Comstock, Davis, Dobbins, Dougherty, Durham, Early, Fordyce, Gifford, Hall of Rush, Hunter, Jones, Keefer, Kempf, Knowlton, Lewis, Major, Mansfield, Mellett, Merrifield, Martin, Nebeker of Ver-million, Neeker of Warren, Nelson, Prosser, Shockley, Smith of Miami, Smith of Perry, Stanfield, Stiles, Thompson of Madison, Wheeler, Whetzel and Wildman - 40.
AFTERNOON SESSION.
The SPEAKER announced the special order, viz: the consideration of Mr. Davis' bill (1) to provide for the taking of the sense of the qualified voters of the State on calling a convention to alter, amend or revise the Constitution of the State, and called Mr. Turpie to the Chair.
Mr. DAVIS moved to refer the bill and amendment to a select committee.
Mr. EDWARDS objected to the bill, that the election was not a general election; and because he did ot like the basis of representation. He could not support it without these amendments.
The bill was then referred to Messrs. Davis' 2d District; Blythe, 1st; Branham, 3d; Durham, 4th; Mellett, 5th; Dougherty, 6th; Edwards, 7th; Hamilton of Boone, 8th; Stanfield, 9th; Waterman, 10th; Comstock, 11 th.
Mr. HAMILTON, of Boone, (under a suspension of the orders) submitted the following, which was adopted:
WHEREAS, There are many provisions of the Constitution of the State of Indiana that are defective, rendering legislation under it difficult, expensive, tedious, and in some respects impossible, or at least inadequate to the emergency of the case, or the wants of the citizens, restricting remedies that would tend to the public good.
AND WHEREAS, In the opinion of this House, it would manifestly be to the interest and welfare of the people of this State to have said defective provisions amended, and said Constitution as nearly as possible perfected; therefore, be it
Resolved, That a committee of one from each Congressional District be appointed to draw up and report to this House such amendments to said Constitution as may be thought advisable and necessary to be submitted to this General Assembly in conformity with the provisions of the sixteenth article of said Constitution.
Mr. MANSFIELD, (under a suspension,) submitted the following, which was adopted:
Resolved, That the Committee on Education be instructed to inqure into the expediency of supplying the libraries of the principal colleges in the State with copies of all legislative documents as they appear in print; and to devise a plan for the transmission of the same.
Mr. LAWHEAD, (under a suspension,) submitted the following, which was adopted:
WHEREAS,The State has to pay large sums for office rent in this city: and whereas, the State owns suitable lots in good localities for pubic offices; therefore -
Resolved, That the Committee on Public Buildings inquire into the expediency of putting up suitable buildings thereon for the offices of State.
Mr. HUNTER, (by consent,) introduced a bill (207) to provide for the empanneling of jurors in civil and criminal cases in the Circuit and Common Pleas Courts, and repealing all laws conflicting therewith.
Mr. STANFIELD, ( by consent,) introduced a bill (208) to provide for the case of removal from office by death, resignation or inability to serve, of the Governor and Lieutenant Governor - declaring that the Secretary of State shall act as Governor.
These bills were severally passed the first reading.
Mr. Brotherton'a bill (131) to secure the dues of private corporations, (as amended by Mr. Stanfield,) was passed the final reading by yeas 76, nays 0.
Mr. Stiles' bill, (101) to regulate practice in civil causes, in taking exception to the over-ruling of demurrers[In presenting errors it shall be presumed that exceptions were taken at the proper time] was passed the final reading in the House of Representatives - yeas 84, nays 0.
Mr. Early's bill (103) to amend the 49th section of the school laws, to legalize assignments, [to authorize acknowledgments of the same to be taken by Justices of the Peace]-was passed the final reading in the House of Representatives - yeas 85, nays 0, with an amendment of title by Mr. Early, viz: "An act to amend the 49th sec. of the act to provide for a general system of common schools, &c., approved March 5, 1856, and to legalize the acts of certain officers therein named."
page: 152[View Page 152]The Judiciary Committee's bill (133) to amend the act amendatory of the 65th and 66th sections of the act providing for the settlement of decedents' estates, prescribing the rights and duties of officers in the management thereof, and of heirs thereto, and certain forms therein, approved June 17, 1852, and the act supplemental thereto approved February 20, 1855, was passed the final reading in the House of Representatives - yeas 84, nays 0.
NEW PROPOSITIONS.
By Mr. MELLETT: A bill (209) to amend the 38th section of the act defining felonies, and punishment therefor(professional gambling,) approved June 10, 1852.
By Mr. BLYTHE: AU act (210) to create the 14th Judicial Circuit.
By Mr. DEVOL: A bill (211) to amend sections 2, 3,4, 7, 8, 9 of the act regulating the fees of officers, and repealing acts in relation thereto.
By Mr. WATERMAN: a bill (212) prescribing part of the duties of county auditors and treasurers, township clerks and supervisors of roads, in relation to road tax, and providing penalties for any failure on the part of said officers to discharge any of their duties as prescribed in this act, [to same fees for collecting road receipts.]
By Mr. HARTLEY: a bill (213) to amend the 27th section of the act (of 1852) providing for the valuation and assessment of real and personal property for the collection of taxes, for the election of township assessors, &c., [so that persons may deduct their indebtedness from solvent claims, moneys on hand or personal property, instead of as now from solvent claims.]
By Mr. DURHAM: a bill (215) to amend the 441st section of the Practice Act of June 18, 1852, so as to compel sheriffs to levy on real and personal property as designated by the judgment debtor.
By Mr. FORDYCE: a bill (215) to provide for the location and working of highways situated upon county lines.
By Mr. KEMPF: a bill (216) to prevent intermarriages of consanguinity.
By Mr. STANFIELD: a bill (217) in relation to the levy of execution or attachment in partnership property for the individual debt of one of the partners.
By Mr. MURRAY: a bill (218) to fix the times of holding the Court of Common Pleas in the district composed of the counties of Elkhart and Lagrange.
By Mr. GRIFFIN: a bill (219) for the relief of Ira O. Dibble.
By Mr. SHIELDS: a bill (220) to amend the title of the act to vest certain rights in married women whose husbands have left the State without making suitable provision for their maintainance, or who have been confined in the State Prison.
By Mr. SNYDER: a bill (221) to fix the time of holding the Circuit Court in the 12th Judicial Circuit, regulating the terms thereof, and repealing all acts conflicting therewith.
By Mr. CAVINS: a bill (222) to amend section 42 of the act to establish a Court of Common Pleas, &c., approved May 14, 1853, so as to regulate the docketing and disposal thereof.
By Mr. CAVINS: a bill (223) to amend section 1 of the act providing for the selection and empanneling of petit jurors in the Courts of Common Please, providing compensation therefor being supplementary to the act of May20, 1852, and March 1, 1853, so as to the time when such jurors shall be empanneled.
By Mr. WILDMAN: a bill (224) to prevent the spread of the Canada Thistle, prescribin penalties for permitting the same to mature on the public highways, and for spreading the same by selling the seed thereof mingled with other seeds.
By Mr. KNOWLTON: a bill (225) to amend the 94th section of the act to provide for the valuation and assessment of real and personal property, and the collection of taxes in the State of Indiana, &c.
By Mr. MARTIN: a bill (226) to amend section 8 of the act to authorize and limit allow, ances by Courts and Boards, and drafts upon the Countv Treasurer, approved May 27, 1852.
By Mr. HARNEY: a bill (227) to amend the act authorizing the locating, laying out and vacating of lanes, alleys, streets and squares, ma king out and recording plats of towns, and providing for change of the names of towns, &c. approved May 20, 1852.
By Mr. WATERMAN: a bill (228) to provide for the collection of the surplus revenue fund belonging to the counties of Dekalb, Lake and Wells, on loan in the State Treasury, and for the payment of said fund over to said counties.
By Mr. SNYDER: abill (229) to amend the 76th section of the act defining misdemeanors and prescribing punishment therefore, approved June 14, 1852.
By Mr. MAJOR: a bill (230) to amend section 143 of the assessment act of Jane 21.1852[so as to require the delinquent land tax list to be copied and posted on the court house door, and a copy of the delinquent list of each township in the county to be posted in the most public places in each township, instead of the same being printed three times in a newspaper.]
By Mr. KNOWLTON: a bill (231) prescribing the duties of parties commencing, prosecuting or defending suits or actions in the Circuit Court or in the Court of Common Pleas in this State.
By Mr. HAMILTON, of Boone: a bill (233) to amend the 10th section of the act to establish a Court of Conciliation, prescribing rules for proceeding therein, and the compensation of the judges thereof.
By same: a bill (233) to amend the 3d section of the act providing for the election and prescribing certain of the duties of county surveyors, approved June 17, 1852.
By Mr. WATERMAN: a bill (234) to provide for taking appeals from the decisions of township officers having charge of the Common School Funds, to the countv auditor.
By Mr. USREY: a bill [235] to amend section 6 of the act of May 31, 1852, in relation to county auditors, and adding a section thereto, authorizing county auditors to use the seal of their county in certain cases.
By Mr. SNYDER: abill [236] fixing the times of holding the Court of Common Pleas in the page: 153[View Page 153] counties of Warren, Benton, and Jasper, and regulating the terms thereof.
By Mr. MURRAY: a bill [237] to amend the act of May 14. 1852, establishing a Court of Common Please, &c.
By Mr. KEMPF: a bill (248) to authorize the erection of a house of refuge for penitent prostitutes.
By Mr. WATERMAN: a bill (239) requiring jury causes to be tried first in the courts of this State, and requiring the regular pannel to be discharged as soon as the jury causes shall be disposed of, and providing for calling a jury from amongst the by-standers:
By Mr. KNOWLTON: a bill (240) to amend the 13th section of the act providing for the election and qualification of justices of the peace, &c., defining their powers and duties in civil causes.
By Mr. MURRAY: a bill (241) to amend the97th section of the practice act, of June 18,1852:
These bills were severally passed the first reading.
POSTAGE STAMPS.
On motion by Mr. KNOWLTON, amended by Mr. COMSTOCK, it was -
Ordered, That the Doorkeeper buy three dollars worth of postage stamps to each member of the House of Representatives, and deliver the same at his desk.
The SPEAKER laid before the House the memorial of the Warren Township Horse-thief Detecting Company, against the repeal ot the law of their organization, which was referred to the Committee on Rights and Privileges.
Mr. HAMILTON, of Boone, from the select committee thereon, returned his bill (143) to legalize the appraisement of city property under the act of March 9, 1857, recommending passage.
The bill was ordered to be engrossed.
Mr. PROSSER, from the select committee thereon, returned his bill (203) to amend the 103d section of the Assessment Act; [changes the time of settlement from the first Monday in August to the 15th day of October;] recommending passage.
The bill was ordered to be engrossed.
On motion by Mr. HARNEY, the bills numbered 93, 94, 95, 96, reported by the Committee on Ways and Means, were made the special order for Thursday 10 o'clock.
The House, at 4:30 o'clock, adjourned.
