HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 16, 1859.Mr. MURRAY presented the petition of several lawyers and county officers of the county of Elkhart, asking for a division of the 10th Judicial Circuit, which was referred to the Committee on the Organization of Courts.
Mr. GRIFFIN presented the petition of Henry Ball and others, inhabitants of Cedar Lake, in Lake county, asking for a law to protect fish in the lakes of this State.
Mr. DAVIS presented two or three letters from his county on the same subject, and asked for their reference, together with the above petition and Mr. Scott's bill (121), for the protection of fish, to a select committee of five, viz: Messrs. Griffin, Davis, Hamilton, of Boone, Stanley and Murray.
On motion by Mr. HAMILTON, of Boone, Mr. Scott's bill was taken up and referred to the above committee.
Mr. USREY presented the petition of sundry members of the Bar and citizens of Sullivan county, asking to be attached to the Vigo District for Common Pleas, which was referred to the Committee on the Organization of Courts.
Mr. DOBBINS asked, but was refused to record his vote on the bill for the repeal Game law, which was postponed yesterday.
REPORTS FROM COMMITTEES.
Mr. HAMILTON, of Boone, from the Committee on Elections, returned his bill (71), defining the residence of an elector removing from one county to another in this State, with an amendment by substitute, prescribing the qualification under the second section of the second article of the Constitution, and a residence of thirty days in the township where the person offers to vote; and amending the 20th section of the act of June 7,1852, so that if the election board be satisfied with his oath, he may be permitted to vote, or if he refuse to swear they may examine other witnesses.
Mr. HAMILTON, of Boone, said there were doubts in some minds as to the constitutionality of the first section.
On motion by Mr. DOBBINS, the bill was referred to the Committee on the Judiciary, with instructions to inquire, &c.
Mr. KEMPF had leave of absence on account of ill health.
On motion by Mr. MELLETT, his bill (248) reported favorably yesterday from the Committee on Banks, was taken up and ordered to be engrossed,upon his explanation of its provisions.
Mr. STANFIELD, from the Committee on the Organization of Courts, returned Mr. Cavin'sbill (223) providing for the return of juries in the Common Pleas, supplemental to the act of May 20, 1852, with an amendment by substitute, providing -
SEC. 1. That juries for the Court of Common Pleas shall come in on the third day of the term, and the venire shall be made returnable on that day.
The amendment was adopted, and the bill ordered to be engrossed.
He also returned Mr. Cavins' bill (222) changing the order of business in the Common Pleas Court, without amendment, and recommending passage.
Mr. STANFIELD. The change made by the first bill is, that the jury in the Common Pleas shall come in on the third day, instead of the first, as the law now stands. The second bill provides that the order of business shall be so changed, that the first and second days shall be devoted to probate business, and to making up issues and preparing business for trials by jury, which come up on the third day.
The bill was ordered to be engrossed.
Mr. SCOTT, from the Committee on Fees and Salaries, returned Mr. Parks' bill (185) to amend the 4th section of the act of March 2, 1855 regulating fees and salaries, recommending that the same be laid on the table.
The report was concurred in.
Mr. TURPIE, from the same committee, returned Mr. Stanfield's bill (2), to provide for the salaries of Governor, and Judges of the Supreme and Circuit Courts, with amendment striking out the word 'sixteen" and inserting the word "fifteen," in lieu thereof, and adding -
SEC. 3. That no perquisites shall be paid to any of the officers aforesaid in addition to the above compensation: and emergency.
page: 195[View Page 195]The amendments were adopted and the bill ordered to be engrossed.
NEW PROPOSITIONS.
Mr. KNOWLTON asked and obtained leave to present a petition founded thereon, a bill (278) fixing the time of holding Courts in the 11th Judicial Circuit, prescribing the length thereof in each county thereof, which, under a dispensation, was passed the first and second readings and together with the petition, referred to the Committee on the Judiciary.
Mr. PARRETT: A bill (279), to empower Plank Road Companies to sell and convey real and personal estate.
Mr.STANFIELD: A bill (280) to give the custody and control of the papers and records in the former Probate Courts to the Clerks of the Courts of Common Pleas, and authorizing said clerks to make transcripts, &c., to be read in evidence.
Mr. BLYTHE: A bill (281), to provide for the incorporation of Canal Companies.
Which bills were severally passed the first reading.
On the motion of Mr. USREY, his bill (201) to amend section 78 of the act defining the jurisdiction of counties, &c., was taken up and considered on the third reading.
The SPEAKER (Mr. Edwards in the Chair.) It is to correct an error on page 192 of the Statutes.
Mr. CAVINS. It changes the word "west" to "east." The error was such as to leave the gentleman from Sullivan (Mr. Usrey) without a residence in any county in the State.
The bill was passed the final reading - yeas 80, nays 0.
IMPROVEMENT OF STOCK.
Mr. COMSTOCK, by leave, returned the Agricultural Committee's bill (198) to prohibit the owners of bulls, boars and rams from allowing them to run at large, with an amendment, striking out "ten" and inserting "three," and adding -
"Provided, That no Court or Jury shall assess a greater sum in damages for any one breach of this act than as herein provided for one day."
Mr. COMSTOCK explained and enforced the provisions of the bill. It was not so much to enforce the matter, as to show the necessity of improving the stock of the State.
Mr. EARLY. By the statutes of 1852 the Board of County Commissioners can say what kind of animals shall run at large. The authority the matter was already amply sufficient.
Mr. LAWHEAD opposed the bill - representing the interests of that numerous class of farmers whose stock run at large upon the common, &c. It would work hardship on the small farmers.
Mr. HALL, of Rush, and Mr. MURRAY, Reported the bill as a just auxiliary to the efforts of our Agricultural Societies in this direction.
Mr. PROSSER was opposed to the bill for several reasons. The existing statute was sufficient.
Mr. GRIFFIN. The existing statute was not intented for the improvement of stock. It had no special reference to the male animal. He expounded the existing law, and urged the importance and necessity of the passage of the bill; and then, under the force of the previous question -
The amendments were adopted, and the bill ordered to be engrossed.
Mr. ROBINSON, from the Committee on the Sinking Fund, reported that the Legislature having already provided for the re-payment of the loan, that no legislation was necessary on the matter in the Governor's message in relation thereto; but for the management of the Sinking Fund, he reported the following bills:
A bill (282) concerning the Sinking Fund and its management, and prescribing the powers and duties of the Sinking Fund Board and its officers.
A bill (283) to amend the 33d section of the first chapter of the Revised Statutes of 1852, prescribing when suits may be brought in certain cases therein named.
A bill (284) establishing fees, and duties to be performed in the Sinking Fund office, and in connection therewith -
A bill (285) authorizing the redemption of land mortgaged to the Sinking Fund, or other trust funds, and there-instating of mortgages in certain cases therein named; and providing a remedy against bidders failing to comply with the terms of sale in cases of lands sold by the Sink ing Fund Commissioners.
Which bills were severally passed the first reading.
REMAINS OF THE LIQUOR LAW OF 1855.
Mr. STANFELD, (by leave,) returned from the select committee thereon, Mr. Davis's bill (142) to authorize the Boards of Commissioners of the several counties to make such allowance out of the county treasuries of their respective counties, as will indemnify the owners of property for losses sustained by the taking, conveying or the destruction of such property by any officer, by virtue of the provisions of the act entitled an act to prohibit the manufacture and sale of intoxicating liquors, and to repeal former laws on this subject, approved February 18,1855, and in cases where such property may have been used or carried away by such officer, with amendments, adding to the first section:
Provided further, that no allowance shall be made where the case has been barred by the statute of limitations, nor unless there is a clear liability on the part of the officer.
Adding a section:
SEC. 3. That whenever any proceeding in a writ of habeas corpus shall have been instituted by any person empowered under the provisions of the said act, directed to any officer, detaining such person in custody, and such officer shall have been adjudged to pay the costs of such proceedings and shall have paid the same, the said Board of Commissioners are hereby authorized and empowered to allow such officer the sum or sums of money he may have been compelled to pay as aforesaid.
The amendments were adopted.
Mr. COLGROVE gave reasons against the passage of the bill.
On motion by Mr. STANFIELD the bill was considered as engrossed, and passed the first reading in the House of Representatives by the following vote:
YEAS. - Messrs. Baird, Black, Blythe, Branham, Brotherton, Cavins, Clark, Claypool, Clayton, Clements, Colgrove, Comstock, Cotton,Davis, Dobbins, Dougherty,Devol, Early, Eastham, Edwards, Firestone, Fordyce, Gif[ford]
page: 196[View Page 196][Gif]ford, Hall of Rush, Harrison, Hunter, Jones, Knowlton, Lawhead, Lewis, Mansfield, Massey, Merrifield, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Nelson, Newton, Parrett, Prosser, Row, Scott Shields, Shockley, Smith of Miami, Stanley, Stanfield, Stiles, Sullivan, Summers, Thompson of Elkhart, Usrey, Waterman, Wildman and Mr. Speaker.56.
NAYS. - Messrs. Austin, Boyd, Boxley, Collier, Durham, Gregory, Griffin, Hall of Grant, Hamilton of Boone, Hamilton of Wayne, Harney, Hartley, Jeffries, Johnston, Jordan, Kelly, McLain, Power, Sherman, Shull, Snyder, Tebbs, Treadway. Wheeler, Whetzel, Whiteman and Wood, - 27.
Mr. STANFIELD now proposed the following amendment to the title, adding these words: "and authorizing an allowance to officers who have paid costs in cases of habeas corpus, under said act "
On motion by Mr. DOBBINS, the bill (S. 145) for the more uniform mode of doing township business, was taken up, and, under a dispensation, it was read twice and made the special order for this day at 2 o'clock.
On motion by Mr. DAVIS, Mr. Stanfield's bill (249), fixing the times of Common Pleas in the counties ot St. Joseph, Marshall and Stark, was passed the first reading in the House of Representatives - yeas 80, nays 0.
Mr. STANFIELD had leave of absence till Tuesday.
On motion by Mr. MURRAY, it was ordered that Messrs. Clark and Waterman be added to the Committee on Claims.
Mr. COTTON, (by leave), returned from the select committee thereon, his bill (137) to amend the 24th section of act concerning real property, legalizing conveyances by married women under twenty-one years of age, recommending passage.
The bill was ordered to be engrossed.
NEW BILLS - UNDER A DISPENSATION.
By Mr. MURRAY: a bill (286) to fix the prices for printing notices required by law, and prescribing penalty for violation thereof: [the prices are such as suggested and agreed on by Indianapolis newspaper publishers:]
By Mr. DEVOL: (287) providing for the extension of the building of the Hospital for the Insane, and authorizing a loan of money for that purpose: [$70,000:]
By Mr. JONES: (288) authorizing a reward for the discovery of the cause of the disease commonly known as milk sickness:
By Mr. PROSSER: (289) to amend section 20, of the divorce act of May 13, 1852:
By Mr. SNYDER: (290; to repeal section 6 of the act concerning promissory notes and bills of exchange, approved May 12, 1852:
Which bills were severally passed the first reading.
Mr. SNYDER submitted the following, in connection with a complaint that he could not get the ear of the Chair.
That the Door-keeper be required to procure a bottle of acaustic oil for the benefit of members of this House, who are effected with deafness.
The SPEAKER (Mr. Edwards in the Chair) ruled it out of order.
Mr. BROTHERTON, from the Committe on Rights and Privileges, returned Mr. Cavins' bill (263) to amend the 37th section of the misdemeanor act of June 14, 1852, so as to define the misdemeanor of the sale of intoxicating liquors near religious meetings, &c , recommending passage.
The bill was ordered to be engrossed.
Mr. GRIFFIN, from a majority of the committee, returned his bill (32) for the redemption of real estate sold on execution or order of court, recommending passage.
Mr. BROTHERTON submitted a minority report that it be laid on the table.
Mr. GRIFFIN. The bill proposes to give the judgment debtor the privilege of redeeming his real estate for 12 moths after sale, by paying six per cent, interest, and six per cent penalty -to make the certificates of purchase asssignable, &c. It proposes no change of the collection laws.
On motion by Mr. MURRAY it was refer to the Committee on the Judiciary.
Mr. Speaker GORDON submitted the following, which was adopted:
WHEREAS, The seventeenth section of article five of the State Constitution provides that the Governor may grant reprieves and pardons, and remit fines and forfeitures; and that he "shall report to the General Assembly,at its next meeting, each case of reprieve, commutation,or pardon granted, and, also, the names of all persons in whose favor remission of fines and forfeitures shall have been made and the several amounts remitted; and
WHEREAS, No such report has been made to the present General Assembly. Therefore,
Resolved, That the Governor be requested to lay before this House the information comtemplated by the aforesaid section of the Constitution.
AFTERNOON SESSION.
TOWNSHIP BUSINESS.
On motion by Mr. HUNTER, Mr Dobbins' bill (116) to provide for a uniform mode of doing township business, was ordered to be considered with the special order for this hour.
The SPEAKER announced that the bills (H. R. 87, 116, and S. 145) were before the House. On motion by Mr.DOUGHERTY, the bills No's. 87 and 116 were laid on the table.
Mr. HARRISON moved to take up and consider Mr. Hunter's bill No. 117 to amend the law in relation to opening and changing public highways.
Mr. PARRETT would prefer to consider the Senate's bill by itself.
Mr. MURRAY objected to encumbering the action of the House.
Mr. HARRISON desired to bring up the whole subject.
Mr. SCOTT. The bill from the Senate and that from the Committee on Roads contemplate the same - the one trustee - would it not be best to consider them together?
Mr. HARRISON withdrew the motion - the bill (117) not being found.
The bill from the Senate, No. 145, was then considered by sections.
Mr. HARNEY proposed to add, "and road districts," after "townships." in the third section, which was agreed to.
Mr. HUNTER proposed to amend section 4, adding the words "for school purposes;" and thereupon gave his views of the township system. He would have township organizations for school purposes alone. But if he could not get that modification, he would accept the one trus- page: 197[View Page 197] tee as the next best. He would bare a board of township school trustees, and they should act without pay. He spoke at length.
Mr. HARRISON submitted that Mr. Hunter's proposition had been once rejected.
Mr. NEBEKER, of Warren, took a similar view, but he would pay the Trustees. He would give the school business to Township Trustees, and all the civil business of the townships to the County Commissioners. He gave examples and defended his view of the whole subject.
On motion by Mr. MELLETT, Mr. Hunter's amendment was laid on the table - yeas 58, nays 23.
Mr. COMSTOCK moved to insert three instead of one Trustee.
Mr. SCOTT. The other day, I thought I discovered a disposition to fall back on the three trustee system: and I was willing to remain silent, while I supposed that was to be the final action on this subject. But I see a change appears to have come over the House, and I do not feel at liberty to let the occasion pass without placing myself right on this question. Some men are theorists; others are practicalists; and both are well in their place. I do not claim to belong to one class or the other. But I fear gentlemen of the former class have had a great deal to do with this bill. These are gentlemen who court change - who scent it and follow after it with a facility that is indeed astonishing, and i can not but think such has been the origin of this bill, for I do not know how it is in other sections, but in my section I have not heard a word of complaint against the present system, though I suppose it must be assumed that complaint has been made somewhere. I ain willing to reduce the expense of our township system, but not to abolish it. I have always been averse to the one-man power. I am unwilling to take power from the people. I am willing to trust the people.
I believe the true principle of legislation is to leave with the people as much power as you can. I am a Democrat, sir; I was educated in that faith, and have never had occasion to change my views of the principle of leaving as much as possible with the people, the administration of all matters affecting their homes and hearths. What does this system propose? If the principle is a good one, I would ask some one of its friends to introduce a bill to abolish the office of two of the three County Commissioners, and the office of Treasurer and Auditor, and place the whole civil power of the county in the hands of one Commissioner. With as much propriety might we do this, as to commit all the civil power of the township to the hands of a single trustee. If the argument is good in the one case, it is good in the other. It is from questions arising out of our township matters that causes frequently the greatest amount of trouble in our courts of justice. The location, change and vacation of roads are always most fruitful sources of trouble. Give this power into one man's hands and be will take aides with his friends, and there will be no remedy but by appeal to the County Commissioners. I say, sir there should be at least three men to advise on such questions.
Let us look at the powers proposed to be placed in the hands of this township trustee. Gentlemen are not content with the sphere of township business, but they would also make him a Justice of the Peace. He is to preside over and decide upon all questions arising in the civil affairs of the township, and beside all this, they wish to cive him the office of a Justice of the Peace. Why, sir, you might as well make him lawyer, doctor and preacher of the township let him decide upon everything connected with the home interest of the people. Let us see what the bill provides:
"Second. He is to receive all moneys belonging to the township, and pay out the same as right and justice shall require."
"Third. To keep an office for the transaction of business."
How long - how many days must he keep his office open? 365, Sundays excepted! And it is proposed, on this bill, to diminish the expenses of the townships! Mr. Speaker, theory, as I have said, may be very well in its place; but put this into practice, and you will find, at the end of the year, that, instead of diminishing, you have actually increased the expenditures of the township. It is made his duty to keep his office open; and that being the case, you may depend upon it, that the figures at the end of the year will demonstrate an increased expenditure on account of township business. But then he is to have the care of highways and bridges, to make road districts, alterations therein, to decide upon all this business which makes so much trouble in the courts; he is to appoint supervisors, to see to a proper application of moneys for road and other purposes, and all the duties heretofore required of the Township Trustees, Clerk and Treasurer under the supervisor's act. What an omnibus! It is giving powers that ought never to be exercised by one man. I am opposed to the one man power, in any shape and under all circumstances. I believe it to be dangerous, even in small matters, to commit so many of the civil interests of the people into the hands of one man.
Now let us look at this system as a question of economy. The chief claim for it, set up bvyd, the great matter they hope to accomplish by this bill: and I would be willing to stake my opposition to it on that point. But, sir, the fact is the people have never asked for this system. It is an experiment. It has never been tried. The people are certainly in favor of a reduction of the public expenses, but they are never forward to try experiments and test new theories. Where is the petition which they have sent up for this bill? Sir, I call upon gentlemen to assist here in reducing the public expenses; but I would never do this at the expense of popular rights. I would never surrender the right of the people to manage their own affairs, around their own doors in their own way.
Sir, who are the friends of this bill? Is it not true that its friends and chief supporters here are members of the profession to which I myself belong? Is not that the fact? ["No." "Yes."] I fear, sir, that it is not too much to say this.. Moreover, I fear that the people have not asked for this bill: and the representatives of the peo page: 198[View Page 198] ple should not give them what they have not asked for.
Mr. KEEFER [interposing.] They are asking for it down here, south of the National Road.
Mr. SCOTT. It may be they have asked for it south of the National Road. But, Sir, north of the National Road they do not ask for this bill. I speak for my own county. They do not ask for it there. They have never thought of it, They would be astonished to hear that this new system was imposed upon them now, when they have but just got themselves well used to the township system of 1852.
Some say that our township system is too expensive; but there are also some who seem to think that government ought not to cost anything that It ought to be sustained without expense to the people. True, that would be a desirable state of things, and one which I would myself delight to see. But while we are what we are, such a state of things is what we can not have, and what we can not expect.
Mr. MELLETT thought there was danger of carrying this doctrine too far. Power must be delegated. What extraordinary power has this Trustee? He appoints the Supervisor of roads, and divides the township into road districts. He argued that there was not a thing to be done in the range of township business, which could not be better done by one man than three, and he need net say cheaper. He gave examples.
Mr. HARRISON said this bill was similar in its provisions to that which he had reported in the House (87) and that also introduced by Mr. Dobbins' (No. 116.) He answered the objections to the one Trustee system - replying particularly and at some length to Mr. Murray, Mr. Scott and others.
Mr. MURRAY spoke against the bill in detail, calling attention particularly to the point that there was no restriction as to the amount of charges which the proposed Township Trustee may make for his services: he was required to keep his office open all the year: and he might charge $1,50 a day for that time. The bill was especially defective in this, and fatal to the plea of economy. Not a petition has been offered for this one-horse bill. He would prefer three Trustees, with proper restrictions as to the time of sessions, &c.
Mr. HARRISON. The same objections would lie against three, that are preferred against one.
On motion by Mr. PROSSER, Mr. Comstock's amendment was laid on the table - yeas 46, nays 40.
Mr. COLLIER moved to strike out from the 6th section these words: "to keep an office for the transaction of township business."
It was agreed to.
Mr. HAMILTON, of Boone, moved to strike out - "care and superintendance of highways and bridges in his township."
Mr. HARNEY proposed to add: "except locating, vacating and changing highways, which duty shall be performed by the County Commissioners."
The SPEAKER ruled this out of order.
The amendment was rejected.
Mr. PARRETT had a section which he proposed at the proper time to offer for the perfection of the bill in this respect, viz:
"SEC. -. The Trustee shall not have power to change, vacate, or open any highway in any township in any county in this State, but such power shall be vested in the County Commissioners under the same regulations by petition and notice as now provided."
Mr. MELLETT thought the striking this clause would not effect the bill one way or the other.
The clause was stricken out.
Mr. SULLIVAN proposed further to a by inserting appropriately, in the 6th section words "school," "and school," so as to read " school or other purposes," "supervisors and school act."
The amendment was adopted.
Mr. HALL, of Grant, proposed to insert:
"The said Trustee shall obtain from the township assessor a list of persons taxable in said township, and make out a list of each person's road tax, and hand the same over to the supervisor by the first day of August."
It was rejected.
Mr. DURHAM proposed to add:
"So as to leave the location of school houses to the majority of the people voting in the vatious school districts."
It was rejected.
Mr. CLEMENTS proposed to strike out the words: "to receive and pay out moneys of th township, according to law, right and justice."
Mr. SHULL proposed to add: "and hand over the money to the proper authorities."
The SPEAKER. It is out of order.
On motion by Mr. CAVINS, Mr. Clements' amendment was laid on the table.
Mr. HAMILTON, of Boone, proposed to add:
"Shall have power to administer oaths when necessary in the discharge of the duties of his office."
The amendment was adopted.
Mr. SULLIVAN proposed to amend the 7th section, adding after the word "election," these words: "and shall, with the consent of the majority of the electors present, proceed to appoint the judges and clerks thereof."
It was rejected.
Mr. HUNTER proposed to amend the 8th section.
Strike out after the word "for" the words "township, road or other purposes," and insert: "the payment of such Trustee for the construction and repairs of school houses, and for the providing of fuel and furniture therefor."
It was rejected.
Mr. AUSTIN proposed to strike out "County Commissioners" and insert "tax payers," which was rejected.
Mr. HUNTER proposed to add to section 10: "which report shall be verified by his affidavit," which was adopted.
Mr. HAMILTON, of Boone, proposed to amend section 11:
Strikeout "the following Monday," and insert: "and shall, within five days thereafter," report, &c.
It was adopted.
Mr. PROSSER proposed to amend said section further:
Strikeout the words: "or by publishing the same in some newspaper published in his township."
It was adopted.
page: 199[View Page 199]Mr. HUNTER proposed to amend in the 14th section:
Strike out after the word "exceeding" these words: "$1 50 per day for time actually employed," and insert "$20 per annum."
Mr. DAVIS opposed.
Mr. SCOTT. The friends of the bill were brought up standing here on a question of economy.
Mr. GIFFORD spoke for the amendment.
Mr. Speaker GORDON (Mr. Colgrove in the Chair.) It was grossly unequal and unjust in its application to such townships as Center and New Albany.
Mr. HUNTER defended.
Mr. MELLETT offered further opposition.
Mr. DOUGHERTY. To meet the difficulty at the proper time, he would offer the following:
"Provided, however That where such Trustee has served but part of a day, he shall be allowed payment only in proportion to the time spent."
On motion by Mr. PROSSER, Mr. Hunter's amendment was laid on the table - yeas 49, nays 32.
Mr. HAMILTON, of Boone, proposed a substitute for section 14.
"The Trustee, at the time of settling with the Board of Commissioners, as provided in section eleven, shall file with said Board an itemized statement, under oath, of his charges for services, for which said Board of Commissioners shall pay him such fees as shall be allowed by law to be paid out of the fund belonging to the proper township."
Pending this -
The House, at 5:30 o'clock, adjourned.
