IN SENATE.
MONDAY, JANUARY 24, 1859.On motion by Mr. GREEN, the reading of the journal was dispensed with.
REPORTS FROM COMMITTEES.
Mr. MARCH, from the Judiciary Committee, returned Mr. Wagner's bill (59) without recommendation. The bill was ordered to be engrossed.
page: 207[View Page 207]Mr. HENDRY, from the same committee, returned the bill (H. R. 70) recommending its passage. The bill was ordered to be engrossed.
Mr. CONNER, from a select committee, returned his bill (146) with amendments, recommending its passage. The bill was ordered to be engrossed.
On motion by Mr. HEFFREN, the bill (S. 145) to provide for a more uniform mode of doing township business, was taken from the table - yeas 24, nays 10 - for the purpose of considering the House amendments thereto.
Mr. HEFFREN moved that the bill and House amendments be referred to a select committee of five.
Mr. SLACK moved to amend the motion so as to refer them to the Committee on County and Township Business.
On motion by Mr. HEFFREN, the amendment was laid upon the table - yeas 25, nays 12.
The bill and amendments were then referred to Senators Heffren, Shoemaker, Tarkington, Wagner and Anthony.
The following bills were introduced and severally passed the first reading:
Mr. WEIR, by Mr. Hendry, (225) to compel the Bank of the State, authorized to do a general banking business, to pay deposits received by them in the transaction of a banking business,and providing penalties for failure to pay the same.
By Mr. CARNAHAN, (226) supplemental to an act for the incorporation of high schools, approved May 13,1852.
[On motion by Mr. LOMAX, his bill (205) was taken up, read the second time, and referred to a committee of three.]
By Mr. MARCH, (227) to amend section 51 of an act defining misdemeanors, approved June 14, 1852.
Mr. SHOEMAKER, by leave, returned the bill (H. R. 210) to create the 15th Judicial Circuit, with an amendment, recommending its passage.
On motion by Mr. SHOEMAKER, the bill was read the third time, and finally passed the Senate by yeas 38, nays 2.
Mr. JENNINGS, by leave, from a select committee, returned his joint resolution on the subject of the African slave trade and colonization, with an amendment to the preamble, recommending its passage.
Mr. BOBBS hoped the joint resolution would not pass. He believed this colonization society was an expense to the commonwealth greatly disproportionate to the amount of service rendered, and he was opposed to it.
Mr. WALLACE hoped the resolution would pass, and should vote to sustain it.
Mr. CRAVEN moved to postpone this resolution till the session of Monday night.
Mr. MARCH did not know but that he might vote for the resolution, but he was in favor of postponing it for the purpose of giving time for examination.
Mr. HEFFREN had no objection to the postponement if gentlemen wanted time to examine the resolution.
The motion was agreed to.
By Mr. SLACK (228) to repeal section 51 of an act defining misdemeanors approved June 14, 1852.
By Mr. SLACK, (229) to provide for the infliction of punishment where more than one conviction has been had against the same person at one term of court for a violation of the criminal laws thereof.
By Mr. SHOEMAKER, (230) to dispense with selecting and summoning of jurors for the Court of Common Pleas where the business does not require it.
By Mr. KINLEY, (231) a bill to provide for a general system of Common Schools, &c.
On motion by Mr. KINLEY, the rules were suspended and the bill read by title only the first and second times, laid on the table and 300 copies ordered to be printed.
By Mr. TARKINGTON, (232) to amend section 19 of chapter 1 of a law reform act, approved June 18, 1852.
By Mr. SHOEMAKER, (233) to regulate the fees of officers.
On motion by Mr. SHOEMAKER, the rules were suspended, the bill read by title only the first and second times and referred to the Committee on Finance.
By Mr. HILL. (234) to prevent betting on elections.
By Mr. WIER, per Mr. Hendry, (235) to compel the Bank ot the State of Indiana to redeem their notes on the presentation thereof.
By Mr. MARCH, (236) to provide for an equal distribution of property assigned for the benefit of creditors.
Mr. CONLEY, by leave, offered the following:
Resolved, That hereafter no Senator shall speak longer than 10 minutes on any subject under consideration; and in no case shall a Senator speak twice on any subject except by express provision of the Senate.
Mr. WALLACE made an ineffectual motion to lay the resolution on the table.
Mr. MARCH moved to amend the resolution oy inserting the words "more than" in the proper place.
On motion by Mr. WILLIAMS, the latter part of the resolution was stricken out.
Mr. CONNER moved to amend by adding the words "except by permission of a majority of the Senate."
Mr. BENNETT objected to the amendment.
Mr. WAGNER offered a substitute as follows:
Resolved,That Senators shall not speak longer than ten minutes at any one time, without unanimous consent, except at the night sessions.
On motion of Mr. GREEN the substitute was laid on the table.
Mr. STEELE moved to amend by inserting the words, "except by the unanimous consent of the Senate."
Mr. CONLEY accepted the amendment.
Mr. BLAIR moved the previous question, and there being a second, under its operation, Mr. Conner's amendment was rejected.
The resolution, as amended, was then adopted.
UNIFORM MODE OF DOING TOWNSHIP BUSINESS.
Mr. HEFFREN, by leave, from the select committee thereon, returned the bill [165] recommending the adoption of the engrossed page: 208[View Page 208] amendments of the House of Representatives thereto.
The report was concurred in, and the amendments adopted.
The bill was read through the third time.
Mr. MARCH said there was one feature in the bill in which he could not concur, and that he believed would cause general dissatifaction. The bill puts the power of assessing township taxes with the County Commissioners - the trustee is a mere cypher in this matter. This was contrary to his notions of popular governments. In nine cases out of ten the County Commissioners know but very little of the wants of the different townships, and he insisted that this tax should be assessed by the voice of the township, speaking through their trustee. He would much prefer the three trustee system.
Mr. BOBBS. I have objections to this bill in its present form. We should have preferred the retention of the three trustees, and the abolishing the offices of township clerk and treasurer, which are the great item of expense in the present system. We believe the committee who have reported the bill think it will be an improvement on the existing law; but we object to the large discretion given to one man in the transaction of township business, as contemplated in this bill, and hoped to see the amendment proposed by the Senator from Union (Mr. Bennett) adopted, which would have avoided the expense incurred in the present system without placing so much power in the hands of one man. But the Senate could not be brought to approve that, and leaves only the choice between that proposed in this bill and the present one; and as my constituents demand some change by which the expense of the latter may be avoided, I will vote for the bill as the best which I can see any chance to have adopted. The reasons which recommend this bill to the smaller townships of the State, are those which render it objectionable to the larger and more populous ones, where too much discretion is allowed by the bill to one man. But as we must have the same law for all parts of the State, and I can not get this bill in the shape in which I should prefer to have it, I must take it as it is, and shall, therefore, support it.
Mr. GOODING did not think this bill perfect, yet it was preferable to the old system; so he thought his constituents would regard it, and consequently he should vote for it.
Mr. HENDRY said the people in the northern part of the State were opposed to the one-man power. He regarded the bill as a step backward, and thought this Legislature was as competent to assess taxes for the townships as the Boards of County Commissioners.
Mr. BROWN. The gentleman says the northern part of the State are opposed to this one man power. Now I live up there among the cranberry marshes and huckleberry marshes, and I know that my people in St. Joseph and Marshall, are in favor of this reform; and have instructed me to go for it. They are willing even to strike out the three, and have bet one county Commissioner. They say that one county Commissioner will do as well as one Common Pleas Judge, or one Circuit Judge. Our county Auditor,who has been in office ten years, says the business could be done by one Commissioner as cheap again as by three. The Senator just speaking may live up towards the Ohio or Michigan line somewhere, but where Lake Michigan comes down into this State, we are in favor of this reform. We would save at least $80,000 to this State by it, and if that aint a little forward step I don't know what is. [Laughter.]
Mr. SLACK insisted that the expense under the system proposed by the bill, would be five fold greater that the amount of taxes assessed against the people. This is a step back and he had no doubt the people would up at the next session and demand in thunder tones a repeal of this law. He would be willing to cut off the Township Treasurer and Clerk, but could not sustain this bill.
Mr. HEFFREN thought ninety-nine out of every hundred in the southern part of the State would hail this measure with as much joy as the Continental army hailed the Declaration of Independence, when it first came from Independence Hall. [Laughter.] He was in favor of the passage of the bill.
Mr. MILLER expressed himself as in favor of the bill, and declared his intention to vote for it.
Mr. CULVER expected to vote against this bill He was opposed to tearing down long-tried systems, and should fight this measure to the last.
Mr. STEELE had voted against the bill heretofore, but should now vote for it. He thought a majority of the people would prefer three Trustees, but regarded this bill as a compromise, and as preferable to the old system. He should vote for it at, any rate.
Mr. RICE thought the law might be pruned. He was opposed to taking the business from the townships and giving it up to the county commissioners and opposed to consolidating the townships with the county board. We have had this system for years, and he was opposed to giving it up.
Mr. GREEN. I see the Reporter is taking down these speeches, and I want to set myself right before my constituents. I am opposed to the whole concern, but I shall vote for this bill, however. I deem it better than the old law, and there will be a little saving in it.
Mr. ROBINSON thought the old system of doing township business made 5,000 officers, and now we propose to cut off all except one in each township, making in all only about 900. He thought the business would be better transacted by this than under the old system, and would like to lop off these extra officers.
The bill was then finally passed the Senate by yeas 31, nays 15 as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Bobbs, Brown, Carnahan, Cobb, Conley, Cravens, Gooding, Green, Hargrove, Heffren., Jennings, Johnston, Loruax, McLean, McClure, Miller, Murray, Odell, Robinson, Shoemaker, Steele, Stevens, Tarkington. Turner, Wagner, Wallace, Williams and Wilson - 31.
NAYS - Messrs Blair, Conner, Cooper, Craven, Culver, Fisk, Hendry, Hill, Kinley, Line, March, O'Brien, Rice, Slack and Thompson - 15.
Mr. STEVENS, when his name was called, obtained consent of the Senate to hand an explanation of his vote to the Reporter for publica-
