HOUSE OF REPRESENTATIVES.
Thursday, January 12, 1859HIGH PRESSURE, CONFISCATION AND DESTRUCTION.
The SPEAKER laid before the House the petition of sundry citizens of the counties of Marion and Hancock, praying for a liquor law on the "high pressure, confiscation and destruction principle," which was being read, when -
Mr. KNOWLTON moved that the further reading be dispensed with -
Mr. FIRESTONE moved to refer to the Committee on Military Affairs.
Mr. SCOTT moved that it be tabled, as its terms were disrespectful to the House of Representatives.
Mr. PROSSER proposed to amend by substituting a motion to reject.
Mr. Speaker GORDON said he had had no time to read the petition having received it from one of the most intelligent citizens of the State, who assured him it was from the people of Hancock and Marion. They may have used indecorous language, but certainly no insult could have been intended. I know them - many of them - to be as good men as there are in the State. It might not appear so offensive if it were read well, instead of the slow and faulty manner in which it was begun. I ask that it may take the usual course. I ask it on the part of the signers of the paper whom I know.
A lengthy debate here ensued upon the reference of the petition which occupied nearly the entire morning session. The discussion involved the right of petition, prohibitory laws, the license system, &c., &c.
The SPEAKER decided the motion to reject to be out of order.
Mr. KNOWLTON demanded a division of the questionthe first question being: Shall the petition be received; was decided by yeas 80, nays 16 - Messrs. Keefer, Merrifield, Sullivan and others voting in the negative, because the paper was considered unfit to be read. Pending the next question: Shall the petition be referred to the Committee on Temperance ?
Mr. DOUGHERTY moved to lay the motion and the petition on the table, and the vote resultedyeas 36, nays 62, so the latter motion was rejected.
Mr. BAIRD made an ineffectual motion to refer to a select committee of three.The petition was then referred to the Committee on Temperance.Mr. DAVIS presented the petition of Jared O. Jocelyn, praying for compensation for services, which was referred to the Committee on Fees and Salaries .
THE EDWARDS AND FIRESTONE CONTEST.
Mr. STANFIELD, in conformity with an order of the House, at the extra session, submitted the following report:
MR. SPEAKER :In obedience to the resolution of this House at its special session, I proceeded to Huntington to take the deposition of witnesses in the case mentioned in second resolution. Finding that a full investigation had been had of all the facts in controversy arising in said election in a contest of the seat of a County Commissioner elected at that election, which had been reduced to writing, and eould, by an agreement between the parties, be made applicable as evidence in this cause, I procured such an agreement to be made; and I herewith lay befere the House the evidence taken in pursuance of it, and also the poll books and tally papers of said election in Huntington township, which may be valuable in showing the truth of the fact in controversy. All of which is respectfully submitted.
THOS. S. STANFIELD.
The report was received and referred to the Committee on Elections.
Mr. DURHAM (by consent) presented the petition of Thomas Johnson, which was referred to the Committee on Claims.
Mr. KNOWLTON, from a majority of the select committee to which was referred Mr. Martin's bill (H. R. 14) to amend the 14th section of the Justices act, reported the same back, with an amendment, inserting appropriately, "or where a defendant or defendants has or have promised in writing to discharge any debt or contract in a township, suit may be commenced either in the township where said defendant promised to discharge the same, or where either of the defendants reside;" and so amended they recommend the passage of the bill.
Mr. MARTIN opposed the adoption of the amendment.
Mr. KNOWLTON explained it.
Mr. LAWHEAD opposed it from the fact that three-fourths of the promissory notes were made at the county seat.
Mr. CAVINS. The bill provides that the assignors of the note shall not be made parties to it. We propose to make an additional amendment: that where a man has promised to pay a note at a particular place, it shall be collectable there, or where he resides.
Mr. MURRAY. The effect of the amendment would be to compel their creditors to sign notes collectable at the county seats. It would break up the business of the Justices of the Peace in rural townships. The proposed change would increase costs in the mileage of constables. Should not we legislate for the benefit of the people at large, rather than those petty office-holders?
Mr. LAWHEAD. The adoption of this amendment would create a necessity for drawing notes, waiving its force.
Mr. HALL, of Rush, also approved the amendment.
AFTERNOON SESSION.
The SPEAKER laid before the House a report from the Trustees of the Wabash and Erie Canal.
On motion by Mr. EDWARDS, it was laid on the table, and 500 copies thereof be printed for the use of the House of Representatives.
page: 35[View Page 35]CONGRESSIONAL HOMESTEAD.
Mr. STILES asked and obtained leave to introduce a joint resolution (No. 5) viz.:
Resolved,That our legally elected Senators and Representatives in Congress be requested to take such action as may be necessary to give to each of the actual settlers on public lands a homestead of one hundred and sixty acres.
Whereupon -
The SPEAKER, ruling that a joint resolution is not a law and does not require three readings, ordered the yeas and nays, which being taken, resulted - yeas 77, nays 1.
So the joint resolution was adopted on the part of the House of Representatives.
GERMAN BOOKS.
Mr. KEMPF, (by unanimous consent,) submitted a joint resolution (No. 6) authorizing the addition of a number of books to any township library, where the number of German voters in such township will justify so doing [in the opinion of the State Board of Education.]
The yeas and nays being taken thereon, under the constitutional provision, the result was yeas 77, nays 8.
Mr. KNOWLTON, (by leave,) explained. He understood the resolution to include a distribution of all the books by law required to be distributed. He could go for distributing in the German language books on Government, Agriculture, Commerce and the Mechanic Arts, but no farther.
Mr. KEMPF. The terms of the resolution were so restricted.
So the joint resolution was adopted.
Mr. SHULL asked and obtained leave to submit a joint resolution (No. 7) expressive of the sense of the General Assembly with reference to the distribution of the Common School Fund, [that said distribution among the counties be in proportion to the number of children entitled thereto.]
Mr. DOUGHERTY moved to refer to the Committee on Education.
Mr. BOYD preferred a vote of the House on this resolution. In this way, the Committee on Education would be guided in their action.
Mr. PARKS spoke against the constitutionality of the Senate bill on this subject.
Mr. MANSFIELD. This subject has been before the Committee on Education. If the matter was to be decided By this vote, he would be in favor of sending it first to some committee.
Mr. KEEFER should vote to lay the resolution on the table. He was in favor of each county collecting and appropriating its own school tax.
Mr. SHULL. There was diversity of opinion as to the distribution of this fund. He was satisfied that the northern portion of the State would be loser by any change of the present law of distribution. He desired an expression on the subject by both Houses of the General Assembly.
Mr. NEBEKER, of Warren, moved to lay the motion and joint resolution on the table.
The motion was agreed to.
The SPEAKER announced the following additional members of the Committee on Judiciary: Messrs. Parrett, Scott and Stiles.The House now resumed the consideration of the committee's amendment to Mr. Martin's bill. (H. R. 14.)
On motion by Mr. MURRAY, the amendment was laid on the table.
The bill was again read through.
Mr. CLEMENTS proposed to amend by adding a section.
"SEC. - Nothing herein contained shall prevent the collection of debts in townships where the same shall have been contracted."
Mr. MURRAY moved to lay the amendment on the table.
Which was agreed to - affirmative 44, negative 20.
Mr. BROTHERTON moved to refer the bill to the Committee on the Judiciary.
Mr. HAMILTON, of Boone, moved to instruct the committee to strike out the exception in the proviso.
Mr. MARTIN explained the abuse which had grown up under the present law.
Mr. HAMILTON, of Boone, said it was wrong to impose upon one a responsibility that belongs alike to all the parties defendant.The House refused to recommit, and the question recurred on engrossment.
On motion by Mr. MURRAY, it was referred to the Judiciary Committee without alterations.
RESOLUTIONS.
Mr. HARNEY submitted the following, which was adopted:
Resolved,That this Hall be tendered for the use of the State Temperance Convention, on Monday evening, the l7th, and on Tuesday the 18th inst., to transact their business and hold their meetings.
Mr. DOBBINS submitted the following:
Resolved, That the Committee on Rights and Privileges to whom was referred the bill (No. 7) providing for ten per cent, interest on contract be instructed to report an amendment thereto prohibiting all banks from a greater rate of interest on notes, bills of exchange, &c., per annum, than that which is allowed in said bill to individuals on moneys loaned, with proper penalties and restrictions.
Mr. NEBEKER, of Warren, moved to make it a resolution of inquiry.
Which was agreed to, and, as thus amended, the resolution was adopted.
Mr. MURRAY submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the power and expediency of providing, by law, for setting apart a sufficient portion of the funds arising from the State's interest in the State Bank, and distributing the residue immediately among the several counties of the State, in just proportions, to be loaned upon mortgaged security for the benefit of common schools.
Mr. SUMMERS submitted the following:
Resolved,That the Committee on County and Township Business be requested to inquire into the expediency of so amending section 18 of the Act of May 6, 1852. that the Trustees shall annually, on the third Monday in March of each year, settle and audit the accounts of the Treasurers and Supervisors of roads in their respective townships, instead of February, as now provided by law.
page: 36[View Page 36]Other resolutions were submitted as follows:
By Mr. SULLIVAN, referring that portion of the Governor's Message which refers to banks and bank laws, to a committee of one from each Congressional District.
By Mr. COLLIER, excusing Mr. Dougherty and appointing Mr. Parks a member of the Committee on Education.
By Mr. SNYDER, instructing the Committee on Fees and Salaries, to inquire into the propriety of so amending the law as to attain uniformity in fees and allowances made to County Auditors; to provide a fee for transferring the lands described in each deed instead of as now giving a fee for each description contained in a deed; to provide for a cross index to be made by the County Recorder, and making it a part of the Recorder's duty to continue and keep up the same without charge of allowances.
By Mr. DOBBINS, that Mr. Eastham be excused and Mr. Firestone appointed as a member of the Committee on Military Affairs.
By Mr. JORDON, instructing the Judiciary Committee to inquire whether the circulation of bank bills of a less denomination than five dollars issued by banks in this State can be prohibited by law.
By Mr. WATERMAN, instructing the Fees and Salaries Committee to inquire into the propriety of so amending the law regulating fees and salaries as to allow County officers stated annual salaries, with authority given to Boards doing County Business to allow said officers for clerk hire in counties where justice requires it.
By Mr. JOHNSON, directing the Judiciary Committee to inquire into the expediency of abolishing the present mode of selecting jurors of the Circuit and Common Pleas Courts and providing a cheaper system.
By Mr. HAMILTON, of Boone, referring so much of the Auditor's report as relates to the insurance laws to the Committee on Corporations.
By Mr. WILDMAN, instructing the Judiciary Committee to inquire into the expediency of so amending the law as to allow parties to swear to their book accounts.
JOINT RESOLUTIONS.
By Mr. SMITH, of Perry, accompanying a memorial from the State Board of Agriculture, on the subject of a geological survey of the State. The memorial was referred to the Committee on Agriculture, and it was ordered to be subsequently returned and referrred to a select committee of sixteen - nine on the part of the House and seven on the part of the Senate - one to be selected from each Agricultural District of the State.
By Mr. SHERMAN, on the subject of an appropriation by the Federal Government for the improvement of the harbor at Michigan City.
By Mr. MURRAY, on the subject of the admission of Oregon and Kansas into the Union.
BILLS INTRODUCED.
By Mr. BOYD, amendatory of the act providing for the election and prescribing certain of the duties of Recorders, approved May 31. 1852.
By Mr. NEBEKER, of Warren, to regulate and restrain the sale of spirituous and intoxicating liquors to prevent and punish drunkenness and crime.
By Mr. HAMILTON, of Boone, to prevent the killing or destruction of wild game repealing laws conflicting therewith.
By Mr. STANFIELD, to amend section 4 of the act concerning interest on money, approved May 27, 1852, so as to allow the recovery of principal and interest.
By Mr. EDWARDS, to regulate the business of Insurance Companies, incorporated by the State of Indianato punish violations of its provisions and to repeal former enactments in regard to such companies.
Which were severally passed the first reading.
The House adjourned.
