IN SENATE.
Monday, February 14, 1859.On motion of Mr. MURRAY, the reading of the Journal was dispensed with.
On motion by Mr. HEFFREN, the special order for this hour [2 o'clock], being his Caban resolutions [printed on page 77 of these reports] was postponed till this day two weeks.
REPORTS FROM COMMITTEES.
Mr. McLEAN, from the Judiciary Committee, returned Mr. Tarkington's bill (200) recommending that it lie on the table. The report was concurred in.
Mr. MARCH, from the same committee, returned his bill (195) recommending its passage. The report was concurred in and the bill ordered to be engrossed.
Mr. COBB, from the same committee, returned Mr. McLean's bill (141) recommending indefinite postponement.
On motion by Mr. WALLACE, the report and bill were laid on the table.
Mr. BENNETT, from the same committee, returned his bill (150) recommending its passage. The bill was ordered to be engrossed.
Mr. CONNER, from the same committee, returned Mr. Miller's bill (194) recommending indefinite postponement.
On motion by Mr. HEFFREN, the report and bill were laid on the table.
Mr. MARCH, from the same committee, returned Mr. Jones' bill (158) recommending its passage. It was ordered to be engrossed.
Mr. CONNER, from the Committee on Canals and Internal Improvements, to which was referred the petitions on the subject of the Wabash and Erie Canal, reported a bill (212) on the subject, recommending its passage.
On motion by Mr. CONNER, the rules were suspended, and the bill (212) releasing the right of the State of Indiana to redeem the Wabash and Erie Canal and grant permission to rent or lease the same; and matters properly connected therewith; was read the first time.
This bill, provides for the releasing of the right of the State of Indiana to redeem the Wabash and Erie Canal, and granting permission to the Trustees of said canal to rent or lease the same.
SECTION 1. Simply releases the right of the State to redeem the canal; leaving the acts of 1846 and 1847, and the trust created thereby, in full force, and in no wise impaired or changed.
SEC. 2. Grants permission to the Canal Trustees to rent or lease the canal or any part thereof, to any person or corporation, upon first obtaining the consent of the stockholders in the canal.
SEC. 3. Provides that the lessees shall keep the canal in good navigable order, under penalty of forfeiting all right under such lease, saving the rights of lessees who may be engaged in making repairs in good faith
SEC. 4. Confers the power of collecting tolls, preserving the canal, &c., on the lessees.
SEC. 5. Releases the Canal Trustees from building bridges.
SEC. 6. Expressly declares that nothing in the act shall be so construed as to create, revive, or recognize the existence of any liability on the part of the State for that portion of the public debt which was settled by the acts of 1846 and 1847, and charged over to the canal.
SEC. 7. Contains an emergency clause.
On motion of Mr. CARNAHAN the bill was read the second time by title, laid on the table nd 200 copies ordered to be printed.
Mr. GOODING, by leave, from the Judiciary Committee, returned Mr. Jones' bill (133) recommending indefinite postponement. The report was concurred in.
Mr. SLACK, from the same committee, returned Mr. HEFFREN'Sbill (191) recommending indefinite postponement.
On motion of Mr. HEFFREN, the report and bill were laid on the table.
By the same, from the same committee, Mr. Bobbs' bill (169) recommending indefinite postponement. The report was concurred in.
Mr. SHOEMAKER, by leave, from the Committee on Roads, returned his bill (178) recommending its passage. The bill was ordered to be engrossed.
[On motion by Mr. HEFFREN, Mr. Wallace's bill (2), relating to a choice of United States Senators, was made the special order for Wednesday next at 10 o'clock.]
Mr. MURRAY, by leave, from the Committee on the Organization of Courts, returned Mr Green's bill (128), recommending its passage.
The report was concurred in.
page: 180[View Page 180]Mr. LOMAX, from a select committee, returned his bill (137), recommending that it was inexpedient to legislate further on that subject.
On motion by Mr. LOMAX, the report and bill were laid on the table.
Mr. HEFFREN, from a select committee, returned his bill (70), recommending its passage.
The bill was ordered to be engrossed.
Mr. HENDRY, from a select committee, returned his bill (186), recommending its passage.
The bill was ordered to be engrossed.
NEW PROPOSITIONS.
The following bills were introduced and severally passed the first reading.
By Mr. BLAIR: (213), to amend sections 50, 65 and 66 of an act providing for the settlement of decedents' estates, approved June 17,1852.
By Mr. CONLEY: (214), to amend section 18 of the justices' act, approved June 9, 1853.
By Mr. CRAVEN: (215), authorizing the voters of townships to vote a tax to finish unfinished railroads running through their townships.
By Mr. O'BRIEN: (216), to amend sections 79 and 80 of an act to provide for a general system of common schools, approved March 5, 1855.
By Mr. McLEAN: (217), to provide for the enlargement of the State Prison, prescribing the duties of officers in relation thereto, and appropriating $50,000 therefor.
On motion by Mr. HEFFREN, the rules were suspended, the bill read the second time by title, and referred to the Committee on State Prison.
[A. message was received from the Governor, announcing his approval and signature of the bill (H.R. 168), authorizing road companies to borrow money and secure the payment thereof by mortgage.]
By Mr. SLACK: (218), defining the meaning of the Constitution and preventing the importation of legal voters.
PETITIONS AND MEMORIALS.
Mr. MURRAY, by leave, presented a memorial from certain citizens of Cass county, in reference to their County Seminary, which was referred to the Judiciary Committee without reading.
Mr. CONLEY, by leave, presented a petition from citizens of Greene county on the subject of the Wabash and Erie Canal, which was referred to the Committee on Canals and Internal Improvements, without reading.
The bill (H. R. 93), to amend the 6th section, and third clause of the 7th section of the divorce act approved March 13, 1852; coming up -
Mr. MARCH offered the following amendments, which were adopted:
Amending section 12, so as to require only ten instead of fourteen days personal notice to the defendants.
Section 19, so that the defendant can proceed to trial of his cross petition, although original petition is dismissed.
Section 19 and 20, so as to give courts discretionary power in granting alimony, and giving the husband an interest only in his own lands, when he obtains a divorce.
Giving courts power in certain cases to control the custody of children after decree of divorce by publication.
On motion by Mr. HEFFREN, the rules were suspended, the bill read the third time, and finally passed the Senate by yeas 37, nays 2.
The following House bills were then read the second time and referred to appropriate committees.
No's 3,16, 20, 28, 57, 69, 82,95, 101 and 133 were referred to the Judiciary Committee.
No's 5, 59 and 103 were referred to the Committee on Education.
No's 27 and 121 were referred to the Committee on Corporations.
No. 48 was referred to the Committee on County and Township Business.
No's 60, 85 and 86 were ordered to be engrossed.
No. 70 was referred to the Swamp Land Committee.
No. 104 was referred to the Committee on Agriculture.
No. 169 was referred to the Committe on Finance.
No. 210 was referred to Senators Shoemaker, Carnahan and Lomax.
Senator Cobb's bill (151) was read the second time and referred to Messrs. Slack, Wallace and Cobb.
Mr. WALLACE, by leave, from a select committee, returned Mr. Hill's bill (88) and Mr. Conley's bill (99) recommending that 88 lie on the table and that 99 be passed with amendments.
The report was concurred in.
Pending the consideration of amendments to the bill -
The Senate adjourned.
