HOUSE OF REPRESENTATIVES.
THURSDAY, February 17, 1859.PETITIONS, &C.
By Mr. SUMMERS: embracing the claim Isaac P. Sybert - $75 - for arresting a fugitive horse-thief:
By Mr. McLAIN: embracing the claim of William Fleming for $110, on account of expenses in arresting a fugitive:
By Mr. GRIFFIN: the communication of David K. Pettibone, with reference to a similar matter:
Which were referred to the Committee on Claims.
By Mr. McLAIN: of Henry Baker and others citizens of Alien county, asking for such legislation as shall insure the continuance of the navigation of the Wabash and Erie Canal.
On motion by Mr. DOBBINS it was laid on the table.
REPORTS FROM COMMITTEES.
By Mr. DAVIS - Judiciary - returning his bill (251) relative to conveyances to purchasers of land sold by executors, &c., recommending passage.
By Mr. COLGROVE - Judiciary - returning Mr. Parrett's bill (259), to amend the misdemeanor act with reference to lewdness and public indecencies, recommending passage.
These reports were concurred in.
By Mr. MELLETT - Judiciary - returning Mr. Knowlton's bill (278), fixing the Courts in the 11th Judicial Circuit, asking to be discharged from its further consideration.
On motion by Mr. DAVIS, it was laid on the table for the present.
By Mr. DAVIS - Judiciary - returning a petition with reference to a constitutional question, respecting certain official fees, and it was laid on the table.
By Mr. HARTLEY - Claims - reporting favorably on the claim of John H. Orr, of Marion county, for $48.
The SPEAKER (calling Mr. Murray to the Chair) stated the merits of this claim, and then -
The report was concurred in.
Mr. WATERMAN - Claims - reporting favorably on the claim of John E. Foudray, of Marion county, for $188recovery of a fugitive, &c.
page: 203[View Page 203]Mr. Speaker GORDON gave a statement of the merits of this claim.
Mr. HAMILTON, of Boone, resisted the claim, urging the law applicable to the case.
The report was concurred in and the claim allowed.
By Mr. WILDMAN - Claims - reporting favorably on Thomas Johnson's claims for collect taxes in 1857.
The report was not concurred in.
Mr. WILDMAN - Claims - reporting favorably on the claim of Charles E. Smith.
The report was concurred in.
On motion by Mr. DOBBINS, the petition presented this morning by Mr. McLean, in regard to the navigation of the Wabash and Erie Canal was taken up from the table and referred to the Committee on Canals.
On motion by Mr. DURHAM, it was ordered that Mr. Sullivan be added to the select committee on the bill No. 238[House of Refuge.]
Mr. PROSSER, under a dispensation of the orders, by yeas 67, nays 15, introduced a bill (291), to prescribe the mode of taxing the Bank of the State of Indiana; to repeal the 15th section of its charter, and to prohibit said Bank from issuing on its deposits, which was passed the first reading.
On motion by Mr. HAMILTON, of Boone, (the rules being suspended for the purpose), the bill was read the second time by title and referred to a select committee of five, viz: Messrs. Hamilton, of Boone, &c.
On motion by Mr. BLACK, (under a dispensation), Mr. Knowlton's bill (278) was taken up and referred to Messrs. Black, Hall, of Grant, Firestone, Comstock and Knowlton.
Mr. GRIFFIN, from the Committee on Rights and Privileges, returned Mr. Hamilton, of Boone's bill (242) in relation to the fees and salaries of County Auditors, Treasurers and Clerks, fixing their compensation, &c., recommending that the same be laid on the table.
The report was concurred in.
Mr. EDWARDS, from a majority of the Committee on Benevolent Institutions, returned the petition of David McDonald and Others, citizens of Marion county, and, founded thereon, he reported a bill (292) requiring preference to be given to graduates of the Institutions for the Education of the Blind and of the Deaf and Dumb among persons desirous of employment therein, which was passed the first reading.
Mr. BOYD, from the same committee, returned the committee's bill (204) lequiring the towship assessors to make lists of the deaf, dumb and blind, in this State, recommending passage.
The bill was ordered to be engrossed.
Mr. SCOTT, from the Committee on Fees and Salaries, returned Mr. Harney's bill (162) to amend section 4 of the act of June 11, 1852, providing for the election arid certain duties and fees of prosecuting and district attorneys, recommending that it be laid on the table.
The report was concurred in.
Mr. SCOTT, from the same committee, returned two resolutions of the House of Representatives, with reference to a revision of the laws regulating fees and salaries, with the expression of opinion that legislation thereon is inexpedient, and that the resolutions be laid on the table.
The report was concurred in.
Mr. SMITH, of Miami, from the Committee on Corporations, returned his bill (89) to amend section 3 of the charter of the town of Peru, recommending passage.
It was ordered to be engrossed.
Mr. TURPIE, from the Committee on the Judiciary, returned Mr. Brotherton's bill (266) for the transfer of records from t e Common Pleas to the Circuit Court, in certain cases wherein the Common Pleas have no jurisdiction, recommending passage.
It was ordered to be engrossed.
Mr. POWER, from the select committee thereon, returned his bill (199) to create the 14th Judicial Circuit, recommending passage.
It was ordered to be engrossed.
Mr. WHITEMAN, from a majority of the select committee thereon, returned his bill (151) to repeal the 15th section of the act concerning promissory notes and bills of exchange, and repealing all laws authorizing the waiving of valuation and appraisement laws of property sold under execution, recommending passage.
Mr. CLEMENTS hoped the report would not be concurred in.
Mr. WHITEMAN. Many persons were swindled into this operation of waiving valuation and appraisement laws. He gave examples, and argued the wisdom of the repeal of these laws, There should be but one mode of collecting in a commonwealth.
Mr. HALL, of Rush, had been inclined to go for part of the bill, but he hoped the valuation and appraisement laws would not be repealed. They had been in operation long enough to be understood, and repeal would operate heavily on the poor, &c.
On motion by Mr. DOUGHERTY, it was referred to the Committee on the Judiciary.
Mr. WILDMAN, from the select committee thereon, returned the Judiciary Committee's bill (68) to repeal the act authorizing the detection of felons, recommending indefinite postponement.
The report was concurred in.
Mr. PARRETT, from the select committee thereon, returned Mr. Scott's bill (21) to provide for voluntary assignments, with amendments, viz:
Strike out sections 13 and 16, and insert: "Any part of the property assigned on which there are liens or incumbrances, may be sold by the Trustee, subject to such lien or incumbrance," &c.
The amendments were adopted, and the bill ordered to be engrossed.
Mr. MELLETT, from the select committee thereon, returned Mr. Kempf'sbill (216) to prohibit intermarriages of consanguinity, recommending passage.
Mr. DOUGHERTY and Mr. DOBBINS objected to the oath required upon application for marriage license, and moved the reference of the bill to the Judiciary Committee.
Mr. MELLETT. If the gentlemen would withdraw, he would move to strike out the objectionable section.
The bill was referred.
page: 204[View Page 204]Mr. WILDMAN, from the select committee on the Canada thistle bill (224), returned the same, recommending passage.
It was ordered to engrossed.
Mr. SULLIVAN, from the select committee on Mr. Kempf's Magdalen Asylum bill (238), returned the same, recommending passage.
Mr. SNYDER, from a minority of the committee, reported the expression of opinion that the bill was visionary in character and utterly impracticable in its details, and recommended indefinite postponement.
The majority report was not concurred in.
On motion by Mr. DOBBINS, the subject was laid on the table - to await Mr. Kempf's return.
Mr. MILLER, from the select committee on Public Printing, appointed to report on the prices to be paid the State Printer, reported a bill (293) fixing the mode of electing State Printer, defining his duties, fixing his compensation and repealing all laws in conflict with this act: which was passed the first reading. [Composition, 45 cents per thousand; press, 40 cents per token - form of 16 pages. Form not exceeding 8 pages, shall be charged 8 pages. Covers, one page. Matter shall not be stretched out in an unworkmanlike manner, &c.
Mr. RITTER, from the Committee on Public Expenditures, submitted a detailed report on the specific amounts of money drawn from the State Treasury without authority of law, (as they believe.) in connection with the accounts of Messrs. Hayden, Collins and McClure, three late Secretaries of State, recommending the adoption of a joint resolution of the following title.
A joint resolution (No. 21) directing the Governor of the State to require the Attorney General to examine into the accounts of moneys drawn from the State Treasury by the last three Secretaries of State.
Mr. TURPIE moved to refer the joint resolution to the Committee on the Judiciary.
Mr. HAMILTON, of Boone, amended - "with instructions to bring suit on the bonds of Messrs. Hayden, Collins and McClure."
Mr. KNOWLTON proposed to include all other defaulting officers.
Mr. DOUGHERTY moved to include the report in the motion to refer. It contained legal arguments involving questions of conflict in the statutes.
Mr. TURPIE accepted this modification.
Mr. MURRAY demanded a division of the question. He belived the motion to refer to be an attempt to smother this report. He wanted 10,000 copies of it printed. Its facts were important to the people. This investigation had proceeded fairly, and it contained facts and figures showing that frauds had been perpetrated on the Treasury of the State. If the report was to be suppressed, all the time and money spent in this investigation would be worse than thrown away.
Mr. HALL, of Rush. Republicans and Democrats were on the committee making this report, and all consenting to it, &c.
Mr.DAVIS. Most of this money had been paid by direction of the Attorney General, and it would be useless to refer the matter again to that officer for examination. He would be in favor of making the resolution mandatory in the direction to bring suit, &c., and hoped it go to the committee.
Mr. DOUGHERTY. The charge of covering up came with a bad grace from the gentleman from Elkhart, because it involved the operations of one Erasmus B. Collins, who is no Democrat. It was a singular compliment to the Republican majority of the Committee on the Judiciary. The secret of opposition was the desire to print the report as an electioneering document.
If these men had drawn money in violation of law, let it be pronounced upon by the only committee of the House competent to do so. He knew one of these gentlemen, Colonel McClure, who was the very soul of honor, &c.
Mr. RYNERSON spoke at length the proposition to refer to the Judiciary Committee.
Mr. Speaker GORDON (Mr. Blythe in Chair) read the rule creating the Committee on Public Expenditures, to show that they had not transcended their duty in reporting on the law as well as the facts in the case.
Mr. HAMILTON, of Boone, spoke also against repressing this report. There is no principle involved - no question of law - requiring that the report should go to the Judiciary Committee, &c.
AFTERNOON SESSION.
Mr. HALL, of Rush, desired something practical to result here, and not chat this report should fail by the negligence of committees, &c.
Mr. DOBBINS demanded the previous question, and under its force the joint resolution was referred to the Judiciary Committee; and the report also. The instructions were also adopted.
Mr. CAVINS moved to reconsider the vote referring the report to the committee.
Mr. CLEMENTS moved to lay that motion on the table - and the vote resulted - yeas 41, nays 43 - as follows:
YEAS. - Messrs. Balrd, Bowman, Carr, ClaypooI, Clayton, Clements, Colgrove, Collier, Davis, Dobbins, Dougherty, Durham, Early, Eastham, Jones, Jordan, Keefer, Kelly, Knowlton, Lawhead, Lewis, McLain, Major, Massey, Manfield, Nelson, Parrett, Presser, Shockley, Bull, Snyder, Stanley, Sullivan, Summers, Tebbs, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood. - 41.
NAYS - Messrs, Austin, Boyd,Boxley, Branham, Brotherton, Cavins, Clark, Comstock, Cotton, Edwards, Fordyce, Gifford, Gregory, Hall of Grant, Hall of Rush, Hamilton of Boone, Harrison, Hunter, Jeffries, Johnsron, Mansfield, Mellett, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren. Parks, Hitter, Robinson, Row, Rynerson, Soott, Sherman. Shields, Smith of Miami, Smith of Perry, Stiles, Thompson of Elkhart, Treadway, Whetzel, Wildman and Mr. Speaker - 43.
So the motion was not laid on the table: and then the vote referring the report to the committee was reconsidered, and the question recurred on the reference.
Mr. MURRAY moved to lay the motion to refer the report on the table - the vote resulting yeas 48, nays 42.
So the motion was laid on the table, and the report was not; referred to the Judiciary Committee.
page: 205[View Page 205]Mr. MURRAY moved to lay the report on the table and print 1,000 copies of the report.
Mr. HARNEY demanded a division of the question.
The report was laid on the table; and on the other branch of the question -
Mr. HARNEY said it was the duty of the committee to examine and report facts; but the opinion of the committee, and the facts, were distinct. If the House print, they indorse the opinion of the committee that those officers are guilty of peculation, whereas the facts only show that the laws and the financial system of the State are defective. He was not willing to thus indorse the report.
Mr. TURPIE (to the Chairman reporting.) Did the gentleman or any member of the committee examine these offices and accounts? If not, who did? and was the examiner under oath?
The SPEAKER. The interrogatories are out of order, but may be answered by unanimous consent.
Mr. RITTER. The whole committee, with our clerk, examined the books in the Secretary's office. The clerk of the present Secretary of State pointed out many things - such as 1,900 swamp land certificates duplicated in one book. We have not been smelling in the dark, as gentlemen insinuate.
Mr. TURPIE. Was the clerk under oath?
Mr. RITTER. No.
Mr. TURPIE. Who was he?
Mr. RITTER. Mr. BOLLMAN; and he proceeded to defend the report and the action of the committee.
Mr. DOBBINS made the point that it was not in order to consider the report on a motion to print.
Mr. TURPIE. There had been examination of the books, but not the vouchers. The gentleman's admissions put it beyond doubt that the House ought not to print this report.
The SPEAKER ruled this debate out of order.
Mr. TURPIE demanded the yeas and nays, and the vote stood - yeas 49, nays 44:
So the printing was ordered.
Mr. KNOWLTON desired (out of order,) to amend the motion to print, so as to include the opinions of the Attorney General under which these moneys were drawn by the said Secretaries of State.
Mr. SHERMAN, from a majority of the select committee thereon, returned Mr Early's bill (72), to amend sections 1 and 2 of the act of March 1, 1853, providing for the compensation to the owners of animals killed by railroads, and providing for the manner of serving process, recommending passage with the amendment striking out the words "at any time."
The amendment was adopted, and the bill ordered to be engrossed.
On motion by Mr. COLGROVE, his bill (130) authorizing county boards to abolish road distracts in towns, &c., was taken up and referred to a select committee of three, with instructions to amend so ns to make it obligatory on the Supervisors "to be governed in their improvement of all roads within the limits of incorporated towns, by the town council."
On motion by Mr. HUNTER, the committee's bill (247),for the enlargement of the Penitentiary, was taken up and made the special order for to-morrow, ten o'clock.
On motion by Mr. HUNTER, the House took up the township business bill (S. 145) - unfinished at the time of the recess - the question being on the adoption of Mr. Hamilton of Boone's substitute lor the 14th section. The substitute was rejected.
Mr. DOUGHERTY proposed to add:
Provided that when only part of a day has been occuocupied, he shall be entitled to pay accordingly.
It was adopted by consent.
Mr. PROSSER proposed $1 a day for the Trustee, instead of $1 50.
Mr. RYNERSON. A good government was better than a cheap one,
Mr. HALL of Rush, proposed $1 25; which was rejected.
Mr. SHULL proprosed to add:
Provided that a township not exceeding three hundred polls, he shall be allowed only in proportion to the time spent.
Mr. PROSSER'S amendment was rejected yeas 40, nays 47.
On motion by Mr. DOGHERTY section 16 was stricken out.
On motion by Mr. HUNTER, the word "suits," was inserted in place of the word " prosecutions," in the 17th section.
Mr. HAMILTON, of Wayne, proposed to insert the words "through negligence," in the 18th section.
Mr. MELLETT proposed, "neglect or refuse."
Mr. HAMILTON, of Boone. The word "fail" covers the whole ground. Better not disturb it.
Mr. MELLETT'S was adopted, and then the amendment as amended was rejected.
Mr. HUNTER proposed to amend the bill by adding a section to this effect:"
Sec. 18. All proceedings now pending before the Board of Township Trustees, in reference to laying out and creating highways, shall be transferred to the Board of Commissioners of the proper county, which shall have jurisdiction thereof," &c.
Mr. WHETZEL proposed to amend the bill further, by substituting his bill No. 87.
The SPEAKER ruled this proposition out of order.
Mr. CLEMENTS proposed an additional section to this effect:
The offices of township treasurer and township clerk are hereby abolished, after the election and qualification of the trustee hereby provided; and it shall be the duty of such treasurer and clerk of each township, to deliver to such trustee all the books, papers and property belonging to such township.
It was adopted.
Mr. HUNTER proposed to add a resolution:
The township trustee shall hold regular meeting for the transaction of business, on the second Monday in April, 1859, and on the [2?]d Monday of every other month thereafter, at his ordinary place of doing business, and on such, days he shall keep open his office from 9 A. M., till 4 P. M., and then and there transact his official business in this act prescribed, except his duties prescribed in the 7th and 8th sections, as fence-viewer, overseer of the poor, &c., which duties may be attended to on one day in the year; page: 206[View Page 206] and all his duties as fence-viewer and overseer of the poor shall be paid for by the parties causing the same to be done.
Mr. BOYD inquired how it could be that one trustee could hold regular meetings. [Laughter.]
Mr. HUNTER. Well "sessions."
Mr. DAVIS opposed this.
On the motion of Mr. HARNEY, Mr. Hunter's amendment was laid on the table - yeas 54, nays 33.
Mr. HARRISON called attention to a mis-statement of the provisions of the bill in the Sentinel's report of Mr. Scott, yesterday, that the bill authorizes the trustee to act as a justice of the peace.
Mr. SCOTT. I held in my hand the printed bill of the Senate, and was not aware that the Senate had stricken out that part.
Mr. KEEFER proposed to add:
On the second Monday in August and October, and the last Saturday in February of each year the trustee shall be in his usual place of business for the transaction of township business, and if, in his opinion, the public interest demand it, he may hold one meeting in each of the other months.
It was rejected.
Mr. PARRETT submitted the following, which, when in order, he desired to offer as a substitute for the additional section of the bill proposed by Mr. Hunter and adopted by the House, viz:
SEC. 18. The Township Trustee shall, in no case, have any power to change, vacate or open any highway in any township or in any county, but such power shall be vested in the County Commissioners of the county, under the same regulations as to petition, notice, appointment of viewers and assessment of damages as now provided by law in cases affecting more than one township; and all business now pending before any Board of Township Trustees in relation to changing, vacating or opening highways shall be transferred to the Board of County Commissioners of the proper county.
The SPEAKER. The House has just adopted the matter of that section.
On motion by Mr. CLEMENTS, the vote adopting Mr. Hunter's matter was reconsidered; and then Mr. Parrett's substitute, as above, was adopted as an amendment in its place.
Mr. SULLIVAN moved, ineffectually, to reconsider the vote adopting sec. 6.
Mr. DURHAM proposed to add:
SEC. - This act shall in no wise be so construed as to give power to the trustee to locate school-houses.
It was rejected.
Mr. PROSSER moved that the amendments be considered as engrossed, and the bill put upon its final passage.
Mr. HUNTER declared the bill still so imperfect, that he should vote for it under protest.
Messrs. HARNEY and CLEMENTS demanded the previous question, and under the force thereof, the bill was ordered to the third reading - yeas 53, nays 39.
Mr. BOYD was opposed to the existing township system to any township system without authority to assess taxes, &c., but for fear nothing better could be got, he was diposed to vote for this bill. He wanted no township system but for school purposes.
The vote on the final passage was reported yeas 51, nays 38 - as follows:
AYES - Messrs. Baird, Blytbe, Bowman, Boyd Branham, Brotherton, Carr, Cavins, Claypool, Clements, Collier, Davis, Dobbins, Dougherty, Devol, Early, Edwards, Fordyce, Gregory, Griffin, Hall of Grant, Hamilton of Boone, Harney, Harrison, Hartley, Hunter, Jordon, Keefer, Lawhead, Lewis, mansfield, mellett, Merrifield, Martin, Nebeker of Vermillion, Nelson, Parks, Parrettt, Prosser, Robinson, Row, Shields, Shockley, Smith of Miami, Smith of Perry, Stiles, Sullivan, Summers, Usrey, Wood, and Mr. Speaker-51.
NAYS - Messrs. Austin, Boxley, Clark, Clayton, Comstock, Cotton, Durham, Gifford, Hall of Rush, Hamilton of Wayne, Jeffries, Johnston, Jones, Kelley, Knowlton, McLean, Major, Massey, Miller, Murray, Nebeker of Warren, Newton, Power, Scott, Sherman, Shull, Snyder, Stanley, Tebbs, Thompson of Elkhart, Tompson of Madison, Treadway, Turpie, Waterman, Wheeler, Whetzel, Whiteman, and Wildman - 38.
So the bill passed the House of Representatives.
JURIES FROM THE BY-STANDERS.
A message from the Senate, by Mr. Senator Slack, announced the passage in that body of the bill [S. 220] authorizing the Circuit and Common Pleas Courts to empannel traverse juries from the by-standers, in all cases where the proper officers have failed or refuse to discharge that duty, - asking the concurrence of the House of Representatives.
On motion by Mr. KNOWLTON, the bill was taken up, and, under a dispensation of the rules, it was read twice, ordered to the third reading, read the third time and passed the House of Representatives - yeas 80, nays 0.
Mr. BRANHAM moved a suspension of the order of business, to enable him to move to make the finance bills [Nos. 192, 193, 194, 195], and make their consideration the special order for to-morrow, two o'clock.
Messrs. TURPIE and SULLIVAN demanded the yeas and nays, which resulted - yeas 41, nays 31 - and then the order was made accordingly.
Mr. GRIFFIN submitted the following, which lies over:
Resolved, That bills upon three several readings shall be read first, and in the order in which they are placed on the file; and no officer of the House shall prefer one measure to the prejudice or delay of others. The same rule shall be adhered to as to bills on the third reeading.
On motion by Mr. HAMILTON, of Boone, [under a dispensation] the bill [143] legalizing the lists of assessments and appraisements in cities, under the act of 1857, was taken up, considered and passed the final reading in the House of Representatives - yeas 70, nays 0.
Mr. BOYD, [under a dispensation,] submitted the following, which lies over as a notice to amend the rules:
Resolved, That no member shall hereafter be allowed to speak, in any case, longer than ten minutes at one time, during the remainder of this session.
The House then, at 5:20 o'clock, adjourned.
