IN SENATE
Tuesday, January 11, 1859STANDING COMMITTEES.
Mr. STUDABAKER offered a resolution embracing an entire list of Standing Committees.
Mr. JONES Moved its reference to a select committee of one from each Congressional District.
Mr. WALLACE contended that the President of the Senate should appoint the Standing Committees in accordance with time-honored usage.
Mr. MURRAY insisted that it was the province of the Senate to arrange its own committees.
Mr. HEFFREN said that the Republican party was responsible for legislation in this body, and consequently he was willing they should shape the committees of the Senate. He moved to lay the motion of the Senator from Bartholomew [Mr. Jones] on the table.
The motion was rejected by yeas 18 nays,30.
page: 19[View Page 19]The original motion was agreed to and the resolution was referred to a special committee of one from each Congressional District, which the PRESIDENT pro tempore subsequently made to consist of Senators Jones, Hargrove, Anthony, Stevens, Bennett, Jennings, McLean, Wagner, Miller, Hamilton and Murray.
SENATORS GOODING, MARSH AND MILLER.
Mr. HEFFREN offered the following:
Resolved,That the Secretary of State be requested to furnish the Senate the dates of the respective commissions as Common Pleas Judges in the year 1852, of Hon. Hugh Miller, Hon. Wa ter March and Hon. David S. Gooding, and at what time the commissions of their successors were dated in 1856, or if any of them resigned, the date of the resignation of the same.
Mr. HEFFREN stated that the resolution was simply for the purpose of putting facts before the select committee appointed to investigate these several cases.
The resolution was adopted.
Mr. HEFFREN, presented the petition of George Leachman, claiming that he was elected a Senator from the counties of Shelby and Hancock in October, 1857, to the place of Mr. Gooding.
Mr. HAMILTON moved to refer the paper to the above committee of one from each Congressional District.
Mr. GOODING made a statement of the case offering to resign, if the Senate would accept of Esquire Leachman as the legal Senator from Hancock and Shelby.
Mr. MARCH said that this paper was not made out in a legal manner, and he had no doubt it was intended as a hoax.
Mr. MURRAY also regarded this paper as a sham, because it did not show from what district the person claimed to be elected.
On motion by Mr. WALLACE, the paper was laid on the table.
On motion by Mr. ANTHONY, the vote adopting the resolution was reconsidered. The resolution was then laid on the table - yeas 34, nays 11.
INTEREST ON MONEY.
Mr. MILLER offered the following:
Resolved, That it is the sense of this Senate that the law regulating the interest on the use of money should be so amended as to allow the taking of ten per cent, where a contract to that effect has been entered into. But without such contract, six per cent, to be the legal rate of interest.
Mr. MILLER said he would like to have a test vote upon this question by yeas and nays.
Mr. HAMILTON, by leave, submitted a petition, embracing the same idea, from citizens of Allen county, and moved that it be referred to a committee of five.
Mr. LINE desired to see the rates of interest in Indiana equal to that in the adjoining States. He should vote for the resolution offered by the Senator from Fulton.
Mr. McLEAN thought this was one of the most important questions likely to come before the Legislature. He moved it be madethe special order for Tuesday next at 2 o'clock P.M.
Mr. ANTHONY was in favor of removing the present restrictions upon money-lenders; but any new measure must be carefully guarded.
Mr. GOODING saw no impropriety in the consideration of the resolution, but he would not indicate his opinion on the subject at this time.
Mr. RICE said this question should not be passed without due consideration. It would be improper, perhaps, for the Senate to commit itself to the proposition now.
Mr. MARCH saw no necessity for taking the sense of the Senate now. He was opposed to a law authorizing any interest higher than six per cent, because he did not believe the masses of the people demanded it.
Mr. WEIR hoped the Senate would come to a direct vote upon the question. He was in favor of abolishing the usury laws. He moved to lay the motion of the Senator from Vigo (Mr. McLean) on the table; but withdrew for -
Mr. WAGNER, who said he was the representative of money-borrowers, that he thought ten per centum was the usual rate of interest, and that money was worth ten per cent. He thought it best to send the matter to a special committee.
Mr. STEELE remarked that as this was one of the questions upon which he was elected he desired to be heard upon it at the proper time.
Mr. WEIR renewed his motion to lay on the table the motion to postpone.
This motion was agreed to, and the question recurring upon the reference of the resolution to a committee of five -
Mr. MARCH moved to amend as follows:
Add to the resolution the following: "But in actions upon contracts for a rate of interest exceeding six and not exacting ten per cent. the plaintiff shall recover judgment for only six per cent."
Mr. TARKINGTON moved to further amend as follows.
"That all judgments rendered on notes and contracts drawing ten per cent, interest shall also draw the same rate of interest."
Mr. STUDABAKER moved to refer the resolution and amendments to tht special committee proposed.
Mr. TARKINGTON moved to make the subject the special order for to-morrow 2 o'clock P.M.
The motion was rejected.
Mr. BOBBS was opposed to the resolution and petition.
Mr. HEFFREN moved to lay the motion of the Senator from Adams (Mr. Studabaker) on the table.
The motion was rejected.
On motion by Mr. MURRAY, the whole subject was laid on the table.
ISSUES IN VACATION.
Mr. WEIR offered the following:
page: 20[View Page 20]Resolved, That a select committee of three be appointed for the purpose of inquiring into the expediency of so amending the practice in Courts as to provide for making up issues of law in vacation, and that they report by bill or otherwise
Mr. GOODING moved to amend by striking out the word "three" and inserting "five."
Mr. WEIR accepted.
AFTERNOON SESSION.
The resolution of the Senator from Laporte (Mr. Weir) pending when the Senate took a recess, was adopted, and the PRESIDENT pro tempore makes the committee to consist of Senators Weir, Heffren, Wallace, Gooding and Anthony.
POSTAGE STAMPS.
Mr. WEIR offered the following:
Resolved,That the Door-keeper furnish each Senator and officer of the Senate $3 worth of stamps to enable them to distribute necessary documents.
Mr. GREEN moved to amend by making it $4 worth one sheet of red stamps and one sheet of blue stamps.
Mr. WEIR accepted the amendment.
The resolution was adopted.
THE DIVORCE LAW.
Mr. CONNER introduced a bill (No. 1) to amend sections 6, 7, 12, 19 and 20 of an act regulating the granting of divorces, approved May 13, 1852, and providing for pending decrees in cases therein specified, and the time when this act shall take effect. Which was read through and passed to the second reading.
The bill proposes to amend section 6 of the act of 1852, so at to require a residence of one year in the State and six months in the county where the petition is filed: To amend the third specification of section seven so amended as to require abandonment for one year: To amend section twelve so as require a personal service of ten days only: To amend section 19 so as to allow the Court a discretion in all cases to make such allowance for alimony: To amend section 20, so as to entitle the husband to the same rights, so far as his real estate, only, is concerned, he would have upon the wife's death.
Section 6 of the bill provides, under certain restrictions, that a party against whom a judgment of Divore has been or shall hereafter be rendered, without other notice than publication in a newspaper, may have the same opened and be admitted to a defense.
GOVERNOR'S MESSAGE.
On motion by Mr. STUDABAKER, the special order for the consideration of the Governor's message was postponed till Thursday nex, at two o'clock, P. M.
UNITED STATES SENATORS.
Mr. WALLACE introduced a bill (No. 2) regulating the choosing of United States Senators by the General Assembly, and providing for the designation of said officers by the people; which was read through and passed to the second reading.
The following are the provisions of this bill.
Section 1 requires the Legislature at its regular session, next preceding the expiration of a United States Senatorial term, to choose a United States Senator.
Section 2 provides, that the voters of the State at the annual election, prior to the choosing by the Legislature, shall designate some person for United States Senator.
Section 3 makes it the duty of county clerks and Sheriffs to give notice that a Senator is to be designated; such notice to be given by them in the certificate of offices to be filled; it also specifies that the mode of such designation shall be in conformity with the law regulating general elections now in force.
Section four provides, that the county clerks, in their statements to the Secretary of State, shall specify the votes given, and for whom given, in such designation.
Section five provides for a comparison by the Secretary of State of the number of votes given for United States Senator; requires the Secretary to certify to the Governor the person who has received the highest number of vctes; and makes it the duty of the Governor by message to inform the General Assembly of the result of the comparison, and to name the person designated.
Section six declares, that such designation shall have the effect of instructions from the people to the Legislature to choose the person dasignated United States Senator.
By section seven, the General Assembly shall, on the first Tuesday of the electing session, at 2 o'clock, P. M., by the seperate viva voce vote of the two Houses, choose a United States Senator.
Section eight requires the presiding officers of the two Houses to report the result of such choosing, and thereupon the Governor shall transmit to the person chosen his credentials.
Section nine provides for the appointmeBt of a person by the Governor to fill vacancies occurring in the office of United States Senator, by death or resignation; limiting the appointment thus made to the next ensuing general election, when a designation by the people shall take place.
Mr. GREEN introduced a bill (No. 3) attaching the counties of Hancock, Madison, Hamilton and Tipton to the Seventh Judicial circuit, fixing the time of holding the courts thereof, and repealing all laws in conflict therewith; which was read through the first time.
On motion by Mr. MURRAY,the rules were suspendedyeas 47, nays 0and the bill read by title the second time, and referred to a select committee of five, which the PRESIDENT pro tem., makes to consist of Senators Green, Gooding, Craven, March and Murray.
Mr. STUDABAKER introduced a bill (No. 4) to amend the 73d section of an act to provide for the valuation and assessment of real and personal property, approved June 21, 1853; which was read through and passed to the second reading.
This bill provides that in 1855 and every five years thereafter, there shall be enumerated domestic and farm animals of all kinds, and the quantities in bushels and tons of farm products of every kind.
Mr. BENNETT introduced a bill (No. 5) to amend the first section of an act concerning the interest on money, approved May 27,1852; which was read through and passed to the second reading.
The bill provides that interest on money at the rate of ten per cent, per annum may be contracted for and received, when stipulated for in written contracts, otherwise at the rate of six per cent.
Mr. SLACK introduced a bill (No. 6) providing for the safe keeping and disbursing of public revenues of counties and the State, and fixing the salary of the Treasurer of State; which was read through and passed to the second reading.
page: 21[View Page 21]This bill provides for the safe keeping and distributing of the public moneys of the counties and State - prohibits the loaning, depositing, exchanging, or otherwise disposing of the public funds, but requires the officers in charge thereof, to keep them in the safe and vaults provided therefor, to be paid out only upon the warrant of the proper officers. It provides fora thorough examination of the State and county treasurer's office, and that all payments out of the county and State treasury after the first of June. 1859, shall be made in specie, or the specie paying banks of the State of Indiana.
Mr. TARKINGTON introduced a bill (No. 7) to prohibit the issue of unauthorized paper currency, and uncurrent and broken bank notes, and prescribing punishment therefor; which was passed to the second reading.
Mr. HAMILTON introduced a bill (No 8) to amend an act concerning real property and the alienation thereof, approved May 6, 1852; which was read through, and, under a suspension of the rules, it was passed the second and the third and last reading in the Senate yeas 47, nays 0 Senators Beeson, Jones and Shoemaker not voting.
This bill provides that any alien may acquire and hold lands by devise or desceut, and may convey, mortgage and devise, and if he die intestate, the same shall descend to his heirs in like manner as if such alien were a native citizen of this State, or of the United States.
Mr. CARNAHAN introduced a bill (No. 9) for the creation of townships, election of township trustees, duties of trustees, and the manner of assessing tax and doing township business, which was passed to the second reading.
Mr. FISK introduced a bill (No. 10) regulating and restraining the sale of intoxicating liquors, to prevent drunkenness and crime, and repealing all laws in conflict with this act; which was passsed to the second reading.
This bill provides that no person shall sell any spiritous or intoxicating liquors without filing a bond in any sum not less than $1,000 nor more than $4,0OO, conditioned for the keeping of a peaceable and orderly house and for the payment of all fines penalties and damages arising from the intoxication of the purchaser. It requires the payment of a license of not less than $25, no more than $500. Selling without such license is finable not less than $10, nor more than $100. It provides against selling to any idiot, insane person, Indian, or intoxicated person. It provides that any intoxicated person creating a disturbance, shall be liable to work one day on the road for such offence. It provides against the sale off liquor on Sunday, and adulerated liquors. It gives the right of actions for injuries;, received from the sale and use of liquors to wife, child parent or guardian, of the offender, It authorizes the manufacturer and druggist to sell in any quantity. It authorizes any person to be prosecuted for violations of this act; requires a written order to justify sale to a minor; authorizes any farmer or agriculturist to make and sell wine or cider made by themselves, and confers jurisdiction of offences arising under this act to courts of Common Pleas, Justices and mayors of cities and towns.
Mr. BOBBS introduced a bill (No. 11) to organize a Board of Commissioners of the Sinking Fund, and defining their powers and duties; which was passed to the second re[?]ing.
Mr. HEFFREN introduced a bill (No. 12) declaring the taking of unlawful in[?]misdemeanor and prescribing pr[?]therefor and repealing all laws [?]therewith; which was passed t[?]reading.
Mr. TURNER introduced a bill (No. 13) to amend sections 20, 28, 32 and 51 of an act regulating the sale of swamp lands donated to this State by the United States, approved May 29, 1852; which was read through and passed to the second reading.
This bill provides for the appointment of swamp land commissioners by the county commissioners, instead ofthe governor: also requiring the commissioner to give bonds for the faithful discharge of duty, and requiring the Auditor of State to be satisfied of the correctness of the certificate before auditing the same.
Mr. BLAIR introduced a bill (No. 14) to amend section one of an act to amend section five of an act to provide for a more uniform mode of doing township business, approved May 1, 1853; which was read through, and passed to the second reading.
This bill dispenses with the seperate offices of clerk and treasurer requiring the trustees to designate one of their number to act as clerk, and another as treasurer. It also requires them to fix regular times for meetings, not oftener than once in two months, and no special meeting shall be called for transacting road business.
Mr. MURRAY introduced a bill (No. 15) to amend to the 103d section of a law reform act, approved June 17, 1852; which was read through and passed to the second reading.
This bill provides for a change in the practice in criminal actions, that the Prosecuting Attorney may open and close the argument to the jury in effect repealing the change introduced in the act of 1852, giving to the defendant the privilege of closing the argument to the jury.
Mr. McLEAN introduced a bill (No. 16) to amend the first section of an act regulating the vending of foreign merchandize, approved June 15, 1852; and for the encouragement of agriculture; which was passed to the second reading(with reference to caravans' and pedlars' license.)
Mr. WALLACE obtained unanimous consent to submit the following report from the committee appointed to inquire into the expediency of employing an official Reporter:
MR. PRESIDENT: - The committee to whom was referred the resolution relative to the election of a Reporter, &c., beg leave to report that, owing to the failure of the House to agree on a system, such as was heretofore suggested by your committee, it is now, in their opinion, inexpedient to take any other steps in the matter. After a full investigation of the subject, your committee, beg leave to suggest to the Senate, that it is a needless expense to subscribe for papers other than those of daily issue,and for none of them, unless, they will report proceedings as full as heretofore reported in the "Legislative Sentinel."
On motion by Mr. SLACK, the report was laid on the table.
And then the Senate adjourned.
