IN SENATE.
WEDNESDAY, JANUARY 18, 1859.PETITIONS.
By Mr. WILLIAMS: A petition from certain citizens of Knox county and the Knox County Agricultural Society, in favor of a geological survey of the State. Referred to the Committee on Agriculture.
RESOLUTIONS.
By Mr. ANTHONY: That the Auditor of State inform the Senate what amount of money has been expended on the State Prison, up to the time the same was leased to Samuel H. Patter-son; what was received by the State from said lessee during his time; the amount of the increase of property received from said lessee at the expiration of his lease, and also the estimated value of the permanent improvements since the Prison has been opened under the present system.
By Mr. JOHNSTON: Requiring that the Committee on the Judiciary be instructed to inquire into the legal right of the State, under the charter of the State Bank of Indiana, to redeem at any time after the expiration of twenty years, the bonds of the State known as the bank bonds, and report the result of such inquiry.
By Mr. CONLEY: That the Committee on the Organization of Courts be requested to inquire into the expediency of abolishing the present mode of selecting jurors, and instituting some method less expensive, and that they report by bill or otherwise. Adopted.
By Mr. MARCH: That the Secretary be requested to furnish the amount of stationery furnished the members and officers of this body at the last session. Adopted.
By Mr: TARKINGTON. Requiring the Committee on the Organization of Courts to report a bill repealing Common Pleas Courts and embodying the principle of the Surrogate system, by giving the Clerks of the Circuit Courts juris- page: 51[View Page 51] diction of all probate business not litigated, in vacation, &c.
Mr. GOODING asked if the resolution was one of inquiry, or if it was imperative.
Mr. TARKINGTON answered that it was the intention to make the resolution imperative.
Mr. GOODING would not now discuss, the question. It would be time to do that when a bill was reported giving details. He would ask the sense of the House on the passage of this resolution?
Mr. ANTHONY was not prepared to vote for abolishing the Common Pleas Court, but supporting this resolution did not bind Senators to vote for a bill that might be reported.
Mr. LINE opposed the resolution. He considered himself instructed to oppose the abolishing of the Common Pleas Court, and he should vote against any effort in that direction.
Mr. MURRAY said the Senate was hardly full enough to take a vote - but if it was taken, he wished it to be considered a test vote.
Mr. ANTHONY did not consider a vote on this resolution a test. He was not prepared. He would probably vote against a bill abolishing Common Pleas Courts.
Mr. CONNER was opposed to these attacks on Common Pleas Courts, and spoke at length against this desire for change.
Mr. STEELE agreed with the Senator from Wabash, and moved to amend the resolution by striking out so much as requires the repeal of the Common Pleas system.
[A message from the House announced the passage, by that body, of a concurrent resolution:
That the House of Representatives will, the Senate concurring therein, meet the Senate, in the Hall of the House of Representatives, in joint convention, on this day, at the hour of 10 o'clock A. M., for the purpose of electing, by joint viva voce vote, a President of the Board of Sinking Fund Commissioners, and four Commissioners of said Board, in which the concurrence of the Senate is respectfully requested.]
Mr. TARKINGTON spoke at length in favor of his resolution, contending that the Common Fleas system was expensive. Reform was necessary. The people were tired of supporting an expensive routine of business, that could be simplified. Let the Circuit Courts take charge of misdemeanors - charge estates with the expense of settlement. He had no faith that these expensive systems would be abolished, but he would require Senators to pnt themselves on the record.
Mr. WALLACE moved to pass informally on the pending question, and take up messages from the House.
Mr. TARKINGTON moved to lay the resolution on the table. The yeas and nays being ordered, resulted - yeas 20, nays 24.
So the motion to lay on the table did not prevail.
Mr. CONLEY moved a call of the Senate. The yeas and nays were demanded, and resulted yeas 20, nays 23.
So the call was not ordered.M
Mr. SLACK moved the Senate adjourn.
The Senate refused to adjourn.
Mr. TARKINGTON moved that the further consideration of the question be deferred until Friday, at ten o'clock. The yeas and nays being demanded, resulted - yeas 17, nays 27.
So the motion to postpone did not prevail.
Mr. TARKINGTON moved the Senate adjourn. The yeas and nays were called, and resulted - yeas 11, nays 33.
The previous question was demanded, and being seconded -
Mr. SLACK moved an adjournment.
Which the PRESIDENT pro tem., decided out of order, as no business had intervened since a similar motion had been entertained.
Mr. SLACK appealed from the decision of the Chair.
[A message from the House was here received, informing the Senate of the passage of bill (H. R. 12) to prevent the issuing and circulation of unauthorized paper currency, and prescribing penalties for the issuing or failure to redeem such currency.]
The PRESIDENT pro tempore directed the Senator to reduce his appeal to writing.
Mr. WALLACE moved to lay the appeal on the table, which resulted - yeas 22, nays 10 - so the appeal was laid on the table.
The question then was, shall the main question be now put, resulting - yeas 27, nays 19.
The question then being on the motion of Mr. Wallace to take up the message from the House, and the yeas and nays being demanded,resulted yeas 28, nays 18.
So the motion prevailed.
The message from the House in regard to going into the election of certain officers, was read.
Mr. WALLACE moved the previous question which, being seconded -
Mr. TARKINGTON rose to a point of order.
There was no question before the Senate.
The PRESIDENT pro tempore decided that the question of concurrence in the message was before the House.
Mr. TARKINGTON moved to adjourn, and the yeas and nayes being taken, resulted - yeas 11, nays 25.
So the Senate refused to adjourn.
Mr. JOHNSTON moved a call of the Senate, which was not agreed to, by yeas 12, nays 32.
Mr. SLACK moved to adjourn, which not being entertained, Mr Slack appealed from the decision.
Mr. MURRAY moved to lay the appeal on the table, which was done by a vote of yeas 43, nays 12.The main question being on the motion by Mr. Wallace to concur in the message from the House, being put, resulted - yeas 30, nays 16.So the Senate concurred.
Mr. WALLACE moved that the Senate now proceed to the Hall of the House.
Mr. CONLEY moved to lay the motion on the table.
[A message from the House, inviting the Senate to proceed instanter to the Hall of the House, was received.
The Senate then repaired to the Hall of the House of Representatives.
On the return of the Senate to their chamber, at ten minutes past 12, they took a recess until 2 o'clock.
page: 52[View Page 52]AFTERNOON SESSION.
The Senate was called to order by the PRESIDENT pro tempore, at 2 o'clock.
The Chair stated the question pending at adjournment, to be on the amendment of Mr Steele to the resolution of Mr. Tarkington.
Mr. LINE offered the following: Amend by instructing the Committee to inquire into the expediency of abolishing said court - and if they should deem it necessary that justice should be administered freely and without purchase - completely, and without denial - speedily and without delay - that said court should be abolished then to report a bill that will assign to the proper court or person the duties discharged by said court.
[A message from the House inviting the Senate instanter to attend in the Hall of the House of Representatives to hear the petitions of the women, pursuant to a concurrent resolution of both houses of the General Assembly, heretofore adopted.]
The Senate then vacated the Chamber, and repaired to the Hall of the House.
The Senate returned to their Chamber and was called to order at ten minutes past three.
The question pending was the amendment to the amendment on Mr. Tarkington's resolution.
Mr. GOODING moved to postpone the consideration of the question until next Tuesday at two o'clock, which was agreed to.
RESOLUTIONS.
By Mr. LINE: That the Committee on Finance inquire into the expediency of having the laws of this Legislature published in one newspaper of each county of this State, (if there be one) and report by bill or otherwise.
By Mr. JOHNSTON: That the Committee on Temperance be instructed to report a bill to the Senate upon the subject of retailing liquors, embracing the following provisions, to wit: 1st. That it shall not be lawful for any person to sell or give away any adulturated liquors. 2nd. Nor to any intoxicated person. 3d. Nor to any minor without the consent of the parent or guardian. 4th. And that it shall not be lawful for any person to keep a disorderly house to the annoyance of the neighborhood, with such penalties as may be consistent with the offenses, and that no license be required.
Mr. GOODING moved to strike out the words "and that there be no license required:
Mr. TARKINGTON offered an amendment to the amendment, as follows:
That the Committee on Temperance be instructed to report a bill making it the duty of the Common Pleas and Circuit Court to declare all places where spirituous liquors are sold in less quantity than one gallon, a nuisance, and that it be made the duty of the prosecuting attorneys to prosecute in every instance, under a penalty of $100 for every failure.
Mr. STEELE moved to lay the resolution and pending amendments on the table. The yeas and nays being demanded, resulted - yeas 28, nays 11.
JOINT RESOLUTIONS.
By Mr. Bobbs (S. No. 4), a joint resolution to provide for the recovery of moneys paid out of the Township Library funds.
Mr. BOBBS moved its reference to the Committee on Judiciary.
Mr. TARINGTON wished the name of W. Noffsinger to be inserted in the joint resolution in the proper place.
Mr. WEIR moved to lay the amendment on the table.
Mr. TARKINGTON withdrew the amendment.
Mr. SLACK moved to amend by adding, in the proper place the name of Hiram E. Talbott and all other defaulters.
Mr. BOBBS moved to lay the amendment on the table. The yeas and nays being taken, resulted, yeas 18, nays 20 ; so the amendment was not tabled.
The vote on the amendment being taken by yeas and nays, resulted, yeas 28, nays 8 ; so the amendment was adopted, and the joint resolution was referred to the Judiciary Committee by consent.
Mr. STUDABAKER submitted instructions: the Committee to report a bill making it the duty of the Attorney General to commence suit in all cases of defalcation. Additional instructions by Mr. BOBBS : adopted.
By Mr. FISK'S joint resolution for the purpose of taking the sense of the Legislature upon the subject ot distributing such school funds as may accrue by the acts of the Legislature or otherwise, coming up
On motion by Mr. STUDABAKER, referred to Committee on Education.
Mr. LINE'S joint resolution, instructing our Senators, and requesting our Representatives to vote for a law by Congress, fixing the time, placeand manner of electing Senators in the different States, comiug up -
Mr. LINE moved to make it the special order of the day for next Monday, at 2 o'clock, which was agreed to, and then the Senate adjourned.
