HOUSE OF REPRESENTATIVES
Tuesday, January 11, 1859Mr. KEEFER asked and obtained excuse [?] serving on the Committee on the affairs [?]e town of Indianapolis.
Mr. STANFIELD presented the petitions of [?] Davis and Reuben Farnsworth, appoint[?] be special prosecutors in the St. Joseph [?], praying for compensation, which was [?]d referred to the Committee on Claims.
page: 22[View Page 22]RESOLUTIONS.
Mr. TURPIE submitted the following, which was adopted:
Resolved, That the Committee upon Roads be required to inquire into the expediency of so amending the road law as to have the two day's labor, by law required, to be expended on or before the first day of August, instead of the first day of June, as now provided.
Mr. LAWHEAD submitted the following, which was adopted:
Resolved, That the Committee on Corporations be instructed to inquire into the propriety of so amending the law providing for the incorporation of Bridges and Plank Road Companies, that they can not collect tolls unless they are kept in good repair, and that they report by bill or otherwise.
Mr. CARR submitted the following:
Resolved,That the Committee on Benevolent Institutions, be instructed to inquire into the expediency of erecting another Insane Asylum in the county of Clark, at or near the city of Jeffersonville, instead of enlarging the present Asylum in Marion county, and report by bill or otherwise.
Mr. BROTHERTON submitted the following:
Resolved, That the Committee on County and Township Business be requested to inquire into the expediency of abolishing the office of Township Assessor, and substituting that of County Assessor, and report by bill or otherwise.
Mr. SLACK submitted the following, which was adopted:
Resolved,That the Committee on the Judiciary be instructed to inquire into the constitutionality of the forms and precedents found in the Statutes of 1852, both civil and criminal, and report the result of their investigations to this House.
NEWSPAPERS.
Mr. FIRESTONE submitted the following:
Resolved,That the Door-keeper be instructed to subscribe for and procure to be laid upon the desk of each member of this House, during the present session, three copies of the following newspapers, to wit : The Daily State Sentinel. the Daily Journal, the Weekly Volksblatt, the Weekly Frie Presse, and the Indiana American, two of which copies respectively shall be enveloped and stamped.
Mr. MURRAY proposed to amend by inserting "three copies of the Frie Presse" which was agreed to affirmative 44, negative 30.
Mr. HAMILTON, of Boone, proposed to amend by adding the Hendricks Ledger and the Boone County Pioneer to be remitted by mail.
Mr. POWER proposed three copies of the Northern Indianan, published in Kosciusko county.
Mr. HAMILTON. If we are to divide out this matter, I want a share for my county.
Mr. MURRAY desired only to take such papers as report legislative proceedings. He moved the previous question, and there was a second, and under its force -
Mr. DOUGHERTY hoped the House would unanimously consent to an amendment to the amendment, adding these words; "Provided they publish a liberal abstract of the proceedings of the Legislature."
Mr. DAVIS desired unanimous cons[?] add the little daily down in Vernon. [Laughter"no."]
Mr. HAMILTON'S amendment as ame[?]was rejected, and the question recurring on the adoption of the resolution as amended by Mr. Murray, the vote resultedyeas 56, nays 37, as follows:
YEAS. Messrs. Austin, Black, Blythe, Bowman, Boxley, Brotherton, Carr, Cavins, Clark, Claypool, Colgrove, Collier, Comstock, Cotton, Davis, Dobbins, Early, Eastham, Edwards, Firestone, Gifford, Griffin, Hall of Grant. Hancock, Hartley, Jeflfries, Jones, Kelly, Kempf, Lawhead, Lewis, McLain, Mansfield. Massey, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Nelson, Power, Ritter. Row, Sherman, Smith of Miami, Stanfield, Stinson, Sullivan, Thompson of Elkhart, Turpie, Wheeler, Whetzel, Whiteman. Wildman, Wood, and Mr. Speaker. - 56.
NAYS.Messrs. Boyd, Clayton, Clements, Dougherty, Durham, Duvoll, Fordyce, Gregory, Hall of Rush, Hamilton of Boone. Hamilton of Wayne, Harney. Harrison, Hunter, Johnston, Jordan, Knowlton, Major, Mellet, Newton, Parks, Prosser, Robinson, Rynerson, Scott, Shields, Shockley, Shull, Snyder, Stanley, Stiles, Summers, Tebbs, Thompson of Madison, Treadway, and Waterman, - 37.
So the Resolution was adopted.
Mr. PARKS submitted the following, which was adopted:
Resolved,That the Committee on Roads inquire into the expediency of so amending the road law as to require the Supervisors of Roads to expend all road moneys for the improvement of roads, in the districts where the same shall be collected.
Mr. SULLIVAN submitted the following, which was adopted:
Resolved,That the Door-keeper report the number of his assistants, and their names, to this House immediately.
Mr. HAMILTON, of Boone, submitted the following:
Resolved,That the Door-keeper be instructed to contract for the newspapers, authorized this day, at rates not exceeding those for which they are furnished to subscribers.
On motion by Mr. MURRAY, it was laid on the table.
Mr. WATERMAN submitted the following, which was adopted:
Resolved,That the Committee on County and Township Business be instructed to report a bill, so amending the Road Law as to require the road work to be done by teb first day of August in each year.
Mr. KEMPF submitted the following, which was adopted:
Resolved, That the Door-keeper be instructed to ascertain tbe boarding-housed of the members of this House, in order to facilitate business when it becomes necessary to send for absentees. [Laughter" consent."]
Mr. WILDMAN sulmitted the following, which was adopted:
Resolved, That the Door-keeper procure from the State Librarian, one copy of Jefferson's Manual for each member of this House, to be returned at the close of the session.
The SPEAKER laid before the House the memorial of the State Teacher's Association for the year 1859, on the imperfections of the present School law.
Mr. BLYTHE, understanding that this paper contains a very able discussion of the subject, moved that it be laid on the table, and that five hundred copies be printed for the House of Representatives.
The motion was agreed to.
Mr. COLGROVE submitted the following:
Resolved, That three members be added to the Judiciary
page: 23[View Page 23]Mr. STANFIELD, as a member of that Committee, considered that a larger number would only embarrass its action. He thought the House should not increase the number without the recommendation of the Committee itself.
Mr. COLGROVE. During the past several sessions we have never had less than nine. I have never found the number embarrassing. It is frequently difficult to get the committee together.
Mr. STANFIELD. During the costly session of 1852, nearly the whole revision of that session went through their hands, and that committee consisted of but seven members.
The resolution was adopted on a division affirmative 43, negative 36.
Mr. HAMILTON, of Wayne, submitted the following, which was adopted by consent:
Resolved, That the Door-keeper be requested to distribute, at the Desks of the members of this House, the Legislative Sentinel.
Mr. NEWTON submitted the following:
Resolved, That the Door-keeper be instructed, and he is hereby authorized to contract with the publishers of the Daily Citizen and Weekly Locomotive, for three copies of their respective papers for each member of this House, during the session, and have the same laid on the desks of members - two copies of each to be enveloped and stamped.
It was rejected.
Mr. SUMMERS submitted the following:
Resolved, That it is the opinion of this House, that the mode of doing township business should be so changed that we shall have but one Trustee, instead of three, and dispensing with the use of the Clerk and Treasurer.
Mr. HARRISON objected to the presentation of resolutions precisely similar to those offered at the extra session, and now fully before the committees.
Mr. MURRAY proposed to refer the resolution to the Committee on Township Business, with instructions to report by bill or otherwise.
The amendment was agreed to, and the bill was so referred.
Mr. KELLY submitted the following, which was adopted:
Resolved, That the Committee on Agriculture inquire into the expediency of levying a tax on dogs, and report by bill or otherwise.
CLERKS FOR THE COMMITTEE ON WAYS AND MEANS.
Mr. SMITH, of Perry, submitted the following:
Resolved, That the Committee on Ways and Means be authorized to employ three persons, one of whom shall be conversant with the laws of the State and the decisions of the Courts one shall be familiar with the general operations in collecting and distributing the public revenue, and one shall be an expert and capable accountant for the purpose of making a thorough examination of the books, vouchers, papers and documents in the public offices ant benevolent institutions at the seat of Government, and, if possible, for the purpose of introducing more simplicity, system and accuracy in keeping the public accounts, ant of reporting the same to the Legislature; and if such persons are thus employed, the officers of these institutions and offices are directed to give such aid, by the exhibition of all such papers and communication of all such facts in their possession, as will facilitate the results contemplated by this resolution.
Mr. SMITH said: After some experience in the Committee on Ways and Means, I am obliged to say we find it impossible to make a satisfactory examination of the books in the various State offices at Indianapolis without this aid. I ought, perhaps, to say that the root of this evil is in the reports made in the office of the State Auditor. So far as I have been able to compare the reports of the Auditors of the State of Indiana with the reports of other State Auditors, ours has been certainly far the most imperfect. I doubt whether there can be found any report emanating from any public officer of the country so imperfect and unsatisfactory as that of the Indiana State Auditor, which is presented to us here from year to year. The desire of the committee is to remedy this evil, and to begin as far back as necessary to find out where these errors were first introduced. It is impossible for the committee, or for any ordinary clerk to do this. It may be that the committee have the power to hire these clerks of themselves, but, inasmuch as it will be a little more expensive than the hire of ordinary clerks, we have thought it better to ask authority of the House.
To show the difficulties under which we have labored, I have here a statement drawn from the reports of the Auditor of State of the condition of the State Debt Sinking Fund. This fund was created in 1852 - intended for the reduction of the State debt, by purchasing and returning the bonds of the State. [He reads from the act creating said fund, to show the duty of the Auditor and Agent of State in making the purchases, prescribing how they were to take the number and description of the bonds, the amount of interest received thereon, how the purchase was to be effected, and so on,] of which he alleged there had been no full report; the present Auditor having informed him that neither himself or his predecessors had noticed these directions of the statute. But in looking at the report he found discrepencies; there was a difference between the balance due the Fund Nov. 1, 1858, by one statement, and the amount of the balance shown by the Auditor's report, of $5,480 48. This difference is caused by the Auditor not including the balance which I find in the report of 1854. I have not yet been able to find in the books of the office any credit or entry of these $5,480 48 reported in 1854, or the amount on hand at the beginning of that financial year. The amount of interest can not be ascertained precisely from the data within our reach, but as near as the Committee can estimate, it is $43,246 88. The interest upon the bonds purchased by this Fund is not reported, except $483 65, reported and added in in with the principal by Auditor Dunn in 1854, and $2,848 28 on book Jan. 1855, and $6,602 92 on book Jan. 18, 1857, supposed to. be interest added in with the principalin all $10,294 65. The amount reported by Auditor Dodd is $28,877 89, and the sum of these, from page: 24[View Page 24] the $43,246 88 leaves $4,134 34 wholly unaccounted for. These large amounts being thus vaguely accounted for in this particular Fund, it would seem that there is a necessity for a full examination, and that these erroneous entries should be corrected. It will be certainly necessary to go back as far as 1852, and require all the clerkical force called for in the resolutionto examine not only the Auditor's office, but all the offices of the Benevolent Institutions, so that we may be able to act un-derstandingly in the premises.
The resolution was adopted.
Mr. FIRESTONE submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law for the payment of costs in State cases, in such cases as said committee may deem proper, and that said committee report by bill or otherwise.
NEW PROPOSITIONS.
Mr. HAMILTON, of Boone, introduced a bill (No. 17) to amend an Act entitled "An Act denning misdemeanors, and prescribing punishment therefor," approved June 14, 1852.
Mr. TURPIE introduced a bill (No. 18) to repeal an Act entitled an Act to provide for the protection of wild game, defining the times in which the same may be taken or killed, and declaring penalties for the violation of this act, approved February 25, 1857.
Mr. MELLETT introduced a bill (No. 19) to prohibit any officer, clerk, deputy, employee or agent, having in charge, or under his control, any of the public funds of the State, or any county thereof, from making any fraudulent entry concerning the same declaring the same to be a penalty and providing penalties therefor.
Mr. HAMILTON, of Boone, introduced a bill (No. 20) to prevent wearing concealed or dangerous weapons, and to provide punishment therefor.
Mr. SCOTT introduced a bill (No. 21) to provide for voluntary assignments of personal and real property in trust for benefit of creditors, and regulating the mode of administering the same.
Mr. NEBEKER, of Warren, introduced a bill (No. 22) to amend the first, second and third sections of an Act approved May 27, 1852, entitled an Act concerning the interest on money.
Mr. EARLY introduced a bill (No. 23) to legalize the commission of Justice of the Peace issued to L. B. Osborn, of Jackson county, and to legalize his acts under it.
Mr. ROBINSON introduced a bill (No. 24) to regulate the sale of intoxicating liquors, and prescribing penalties for the violation of this act.
Mr. GRIFFIN introduced a bill (No. 25) to amend section 10 of the act providing for the election and qualification of Justices of the Peace, and defining their jurisdiction, powers and duties in civil cases; approved June 19, 1852.
Mr. TREADWAY introduced a bill (No. 26) to protect witnesses from insult on examination before a Court or Jury.
Mr. JEFFRIES introduced a bill (No. 27) to authorize plank, McAdamized or graveled road companies to consolidate their stock with other similar companies, and to assume a new name, combining the powers of said consolidated companies.
Mr. BLYTHE introduced a bill (No. 28) to provide for the use of evidence or depositions taken to perpetuate testimony prior to the taking effect of the statutes of 1852, and for the perpetuation of testimony heretofore taken, or hereafter to be taken, &c.
Mr. MANSFIELD introduced a bill (No. 29) to license, regulate and restrain the sale of spirituous, vinous, malt, or intoxicating liquors; to prevent drunkenness and crime; to prevent the adulteration of liquors, and to repeal all former laws in conflict with this act.
Mr. POWER introduced a bill (No. 30) to repeal the act establishing Courts of Conciliation, to prescribe rules and proceedings therein, and compensation for the Judges thereof; approved June 11, 1852.
Mr. SCOTT introduced a bill (No. 31) to amend the 238th section of the Law Reform Act, of June 18, 1852.
Mr. GRIFFIN introduced a bill (No. 32) for the redemption of real estate sold on execution, or order of sale issued out of any Court, and defining the duties of the person or officer selling the same.
Mr. NELSON introduced a bill (No. 33) to amend section 63 of the act defining misdemeanors, and prescribing punishment therefor, approved June 14, 1852.
Mr. BLYTHE introduced a bill (No. 34) prescribing the manner of impanneling petit jurors and fixing the number and compensation thereof.
Mr. DURHAM introduced a bill (No. 35) to regulate the sale of spirituous liquors.
Mr. MERRIFIELD introduced a bill (No. 36) to amend the second section of an act fixing the time of holding the Circuit Courts in the Ninth Judicial District, approved March 1, 1855.
Which bills were severally passed the first reading.
AFTERNOON SESSION.
Mr. PROSSER introduced a bill (No. 37) to amend the 33d section of the Law Reform Act of June 18, 1852, so as to provide that no suit against the maker of any written or assigned contract, with or without acknowledgment, shall be brought, except in the county where such maker resides, (except where lies a capias ad respondendum.)
Mr. TURPIE introduced a bill (No. 38) to fix the time of holding and the length of sessions of Boards of Township Trustees in the several counties of this State, and to repeal page: 25[View Page 25] section 11 of an act entitled an act to provide for a more uniform mode of doing township business, approved April 6, 1852.
Mr. BROTHERTON introduced a bill (No. 39) to amend section 37, of chapter 6, of the second volume of the Revised Statutes of 1852, entitled an act defining misdemeanors and prescribing punishment therefor, approved June 14, 1852.
Mr. MURRAY introduced a bill (No. 40) requiring the Auditor of State to pay over money or stock to the proprietors or stockholders of the free banks.
Mr. SHULL introduced a bill (No. 41) to amend section 9 of the act providing for the election of clerks of the Circuit Courts, and prescribing some of their duties, approved June 1, 1852.
Mr. DOBBINS introduced a bill (No. 42) to amend the 21st section of the act defining misdemeanors, and prescribing punishment therefor, approved June 14, 1852.
Mr. AUSTIN introduced a bill (No. 43) to suppress tippling houses, to punish drunkenness, and to regulate the sale, barter and giving away of spirituous or malt liquors, wine and cider.
Mr. KEMPF (remarking thereon by leave) introduced a bill (No. 44) to amend section 3 of Article 2 of the Constitution of the State of Indiana. (Of foreign born voters.)
Mr. FORDYCE introduced a bill (No. 45) to provide for perpetuating the records of surveys of lands in the different counties of this State.
Mr. HAMILTON, of Boone, introduced a bill (No. 46) to repeal an act entitled, An act providing for the election, fixing the compensation and prescribing the duties of the Attorney General of the State of Indiana.
Mr. COLGROVE introduced a bill (No. 47) to provide for the reorganization of the Circuit Courts, for the election of the Judges thereof, defining their powers, duties and jurisdiction, fixing their salaries, and the number of the terms of said court, providing for adjourned terms thereof, for transferring to said courts the probate business of the Courts of Common Pleas, and repealing conflicting laws.
Mr. HAMILTON, of Wayne, introduced a bill (No. 48) to amend the 6th section of the act providing for the organization of County Boards and prescribing some of their powers and duties, approved June 17, 1852.
Mr. ROBINSON introduced a bill (No. 49) for reducing the width of the Michigan road to 40 feet.
Mr. TREADWAY introduced a bill (No. 50) to amend the 31st section of the act providing for the election or appointment of supervisors of highways, and prescribing some of their duties, and those of township officers in relation thereto, approved June 18, 1852.
Mr. DOBBINS asked and obtained leave to present the petition of sundry "honorable and law abiding citizens, of Martin county," for "a good and wise temperance law, compatible with the Constitution," which was read and referred to the Committee on Temperance.
Mr. CAVINS had leave to present the temperance petition of sundry residents of the town of Jonesboro', Green county, which took the same direction.
Mr. KNOWLTON had leave to present the memorial of Benjamin Powell, against the practice of barring out school masters in holiday times.
On motion by Mr. POWER, it was referred to the Committee on Education.
Mr. DAVIS asked and obtained a suspension of the order of business, to enable him to submit the following, which was adopted:
Resolved,That the Auditor of State be requested to inform the House, as soon as possible, the amount that was due his predecessor, upon his retirement from the Auditor's office, and what portion of the same has been colelcted; also the amount received from all other sources, since the commencement of the present term, the amount paid out, the balance on hand, and where the same is deposited.
Mr. SHERMAN asked and obtained excuse from serving on the Standing Committee on the Canal Fund.
[A message from the Senate announced the passage in that body of a bill (S. 8) to amend the first section of the act concerning real property and the alienation thereof, approved May 6, 1852.]
The SPEAKER now announced the orders of the dayand bills of the following titles were passed the second reading and referred:
Mr. Davis' bill (1) to provide for a Constitutional Convention. Referred to the Committee on the Judiciary.
Mr. Stanfield's bill (2) relative to the salaries of public officers. Referred to the Committee on Fees and Salaries.
Mr. Stanfield's bill (3) to amend section 302 of the Practice Act of June, 1852. Referred to the Committee on the Judiciary.
Mr. Prosser's bill (4) to exempt property from execution in certain cases. Referred to the Committee on the Judiciary.
The House then (at thirty minutes past 3 o'clock) adjourned
