BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, FEB. 16, 1861 No. 13
Mr. WOLFE. There is no law authorizing county boards to levy a poll tax for county purposes, and this bill is to remedy that oversight in the law.
The motion to re-commit was agreed to.
[Leave of absence was obtained for Mr. Hull, Mr, Tarkington and Mr. Turner till Monday night.]
RETAINING COLLECTIOTS-FELONY.
Mr. Robbing's bill [S. 60,] (see page 88 of these reports,) being read the third time-
Mr. RAY said: I am opposed to this bill. I indorse the policy of making the penalties very severe where parties are entrusted with public funds, where, as a matter of necessity, from their official position, they are bound to receive funds, and from their official position, parties are bound to pay funds to them; but here is a law that proposes something new under the sun. It proposes to convert the unfortunate lawyer or clerk into a felon, without making any corresponding liability on the other side. The least public grievance I know of is the failure of attorneys to pay over moneys to their clients. The bill is an outrage ; there is no justice nor policy in it.
Mr. MILLER. I don't think it takes a long argument to convince gentlemen of the injustice of this bill. There is no sense, nor justice, nor reason, in it. I move that the bill be indefinitely postponed.
Mr. CLAYPOOL. The provisions of this bill are wrong, but some legislation might be right and proper. The object the author had in introducing this bill was probably a good one. I am in favor of inaugurating a general system to prevent embezzlement. I suggest that this matter be passed over in the absence of the gentleman who introduced it. I should be compelled to vote against the bill as it is, but it might be referred to a committee and a proper bill reported.
The motion to postpone was rejected.
On motion of Mr. CLAYPOOL, the bill was referred to the Judiciary Committee, with instructions to perfect it.
SHEEP-KILLING DOGS.
On motion by Mr. LINE, his bill [133,] and Mr. Murray's bill [S. 134,] providing for the Protection of sheep, (introduced yesterday,) were taken up, read the second time, and referred to the Committee on Agriculture.
WHITLEY COUNTY COURTS.
On motion by Mr. CONNER, the bill [H. R. 152] fixing the time of holding courts in Whitley county, was taken up and read the first time; rules suspended-yeas 37, nays 2-read the second time by title only, and ordered to a third reading to-morrow.
Mr. Turner's bill [S. 79,] (see page 97 of these reports, being read the third time-
Mr. TURNER said: The present law admits the killing of prairie chickens from the 1st of August till the 1st of January. The only change is, that it permits the killing from the 1st of September till the 1st of February.
Was finally passed by yeas 29, nays 11.
JURISDICTION IN CIVIL CASES.
Mr. Jones's bill [S. 77,] (see page 96 of these reports,] being read the third time-
Was finally passed by yeas 37, nays 3.
AGRICULTURAL SOCIETIES AND REAL ESTATE.
Mr. Lomax's bill [S. 73,] (see page 96 of these reports,) being read the third time-
On motion by Mr. WOLFE, it was recommitted, with instructions to insert a clause legalizing the acts of societies that have purchased land heretofore.
The PRESIDENT announced that an exhibition of the Deaf and Dumb belonging to the State Asylum, would take place in Masonic Hall Thursday evening, before members of the Legislature.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
FRIDAY, February 8, 1861.PETITIONS.
Mr. JENKINSON presented the petition of sundry citizens for legislation against sheep-killing dogs.
Mr. ANDERSON presented the petition of J. H. Violett and others, of Elkhart county, for the same object. They were severally referred to the Committee on Agriculture.
7TH JUDICIAL CIRCUIT.
Mr. ORR, from the Select Committee thereon, returned the bill, [S. 74,] to fix the terms of courts in the 7th Circuit-the counties of Hancock, Hamilton, Madison, Tipton, Dela page: 196[View Page 196]ware, Howard and Blackford, without amendment, and recommending passage.
The report was concurred in, and the bill passed the third reading in the House of Representatives-yeas 75, nays 2.
REPORTS FROM COMMITTEES.
Mr. RAGAN, from the Committee on Elections, returned the petition of Lewis Rush and others, citizens of Wayne county, on the subject of keeping pure the ballot box, and reported further legislation unnecessary; that they had examined the patent ballot box of Miles J. Shinn; are of opinion that it is of great value, and recommend its procurement.
The report was concurred in.
He also reported on the credentials of members, finding all correct, except that the committee had not received the credentials of Mr. Combs and Mr. Jones, of Tippecanoe. It was proper, he said, to state that both these gentlemen had presented here their cetificates of election. The committee simply report the facts.
Mr. EDSON, from the Committee, on the Judiciary, returned his bill [124] to cure defects by deputies, &c., recommending passage.
Mr. GRESHAM. Did the bill prohibit deputy clerks from practicing law?
Mr. EDSON. No. The object of the bill was simply to cure defects where an individual has been engaged as a deputy clerk, without being sworn in.
Mr. GRESHAM would like to have the bill recommitted for the purpose of including such a provision.
Mr. EDSON hoped that course would not be taken. He was in favor of the measure, but it would be better in another bill.
Mr. WOODHULL did not think the amendment of the gentleman germane to the bill.
The House refused to recommit; the report was concurred in, and then the bill was ordered to be engrossed.
Mr. WOODHULL, from the Judiciary Committee, returned the petition of Henry R. Pomeroy and others, of Warren county, for the repeal of the new county acts, and reported that, having already reported a bill on the subject, the committee consider further action inexpedient at present.
Mr. GRESHAM returned the bill to repeal section 15 of the act of May 12, 1852, concerning promissory notes, and to amend the practice act, and reported a motion that it lie on the table.
Mr. FISHER returned the petition of P. R. White and others, for a conventional interest, and reported (referring to their bill on that subject) that it lie on the table.
[Mr. Roberts obtained leave of absence-indisposition.]
Mr. CASON returned Mr. Stotsenberg's bill [30] to amend the 78th section of the practice act, and recommended its passage. This, he said, was a bill in relation to change of venue-to correct the doubtful provision, whether the original papers are to be transmitted or not. It simply provides that where the change is granted, the clerk shall make out and send along a transcript-leaving the original papers where they belong.
The bill was ordered to be engrossed; and the several reports, from the Judiciary Committee, were concurred in.
THE CANAL AT EVANSVILLE.
He also returned Mr. Hopkins's bill [131] to release the trustees of the Wabash and Erie Canal from keeping up said canal within the corporate limits of Evansville, with verbal amendments, recommending its passage. It provides, he said, that that portion of the canal in the city of Evansville may be filled up by the trustees upon all parties interested signing: an agreement to that effect.
Mr. EDSON. The canal at Evansville was going down, and unless Something is done speedily will be discontinued entirely in a few years. It was very densely populated along the line there, and if it goes down, it becomes nothing but standing water and injurious to health. It was merely giving the permission of the State that that portion of it may be filled up.
Mr. NEBEKER did not know who were deemed to be parties interested here. It might do if the bill contemplated that every bondholder should sign the release; but, if it was to involve the State again, and make the State liable for the six millions of dollars, or whatsoever is included in that interest, he would vote against it all the time. He had always been afraid of this question-that it might come up here with influences outside-that $100,000 of these bonds might some day induce members here to take the canal back again and make the State liable for the whole. We should deal with this thing cautiously. Whilst he did not pretend to know anything about the thing himself, he contended that every member ought to know something about it.
Mr. DOBBINS understood that the contract between the State and the bond-holders had to run to the year 1866, and he would carefully avoid any legislation that might result either directly or indirectly in any violation of that contract. Gentlemen should weigh the question before acting on it. It was one of the most dangerous questions that could be presented here, and he trusted that the House would not touch it; that they would let it alone-let it alone till 1866, when the reversionary interest of the State in the Wabash and Erie Canal would pass entirely away. He would not recognize the right of the State to any control of that work by the passage of such a bill as this. He trusted that it would be postponed.
Mr. CASON had looked upon the bill with the same distrust, and was guarded against the danger. But he wished to say to the gentleman from Warren, who had spoken of lobby page: 197[View Page 197]influences in connection with it, that no per-son whatever has been before the Judiciary Committee on the subject, as intimating any desire for the passage of this bill. The gentleman from Vanderburg and Posey (Mr. Edson) was the only person that had been befere the committee in the matter. To satisfy his own mind about the bill, he had taken it to his room, and after looking over it, and seeing that every party interested mus sign the agreement for release, he undertook to say that there was no possible chance for the State to incur liability by its passage.
Mr. FORD concurred, and thought the bill sufficiently guarded.
Mr. HOPKINS had introduced this bill. The people of Evansville had to sustain an expense of $3,000 a year in bridging over that part of the canal. It was useless as a canal, and a nuisance to the city. The bill was certainly drawn as carefully as it could be.
Mr. DOBBINS suggested a clause requiring the consent of the bond-holders.
Mr. HOPKINS. That was included.
Mr. VEATCH was anxious that every member should take pains to examine the bill. It provides that the Common Council of Evansville shall procure the written consent of the Trustees of the Canal and every bond-holder and creditor; and having procured this, they may then proceed to fill up the mud-hole.
Mr. BRANHAM. Suppose the city of Evansville secure this consent, wont they have the power to fill up, without the Legislature having anything to do with it? When they gave consent, there was an end of asking anything of the Legislature on the subject. The difficulty was, that it would be almost impossible to get the consent of all parties.
Mr. VEATCH. Then it would never be done under this bill.
Mr. BRANHAM. Then there was no need of the bill.
Mr. JENKINSON. The State had a remainder of interest, and so far she grants consent.
Mr. VEATCH. That was it-simply granting the consent of the State. But it was not proposed to be acted upon without care. If any gentleman would read the bill, he would see that, in no possible contingency, could any liability be incurred under it.
Mr. SMITH, of Bartholomew, moved indefinite postponement.
Mr. FISHER moved to lay it on the table and print.
Mr. BRANHAM demanded a division of the question.
And thereupon, the House refused to print, and then laid the bill on the table.
Mr. VEATCH returned Mr. Brugess's bill [115] to amend the first section of the execution act of February 17, 1852, and the act of March 5, 1859[requiring the execution-defendant to make and deliver to the sheriff a schedule of all his real and personal estate within or without the State, to get the benefit,&c.,]with an amendment, adding a section, That in case of such defendant's absence from the State, his wife may make out the schedule, and verify it by affidavit, &c.; and, so amended, they recommended that the bill pass.
The amendment was adopted, and the bill ordered to be engrossed.
Mr. BUNDY returned Mr. Erwin's bill [113] to amend section 2 of the Recorders' act of 1852, with an amendment by way of substitute, entitled a bill [187] to authorize Recorders to demand fees in advance. It was passed to the second reading.
Mr. VEATCH returned Mr. Packard's bill, [88] To amend section 13 of the Justices' act of June 9, 1852, with a motion to lay it on the table; which was concurred in.
Mr. JONES of Wayne, from the Committee on Ways and Means, returned the resolution for amendment of the laws, relative to the collection of the revenue, with a motion to lay it on the table; which was concurred in.
Mr. FORDYCE, from the same Committee, returned the petition from citizens of Adams county, for relief of Wm. Vance, with an adverse report; which was concurred in.
STATE PRINTING.
Mr. GIFFORD, from the Committee on Ways and Means, returned Mr. Heffren's bill [17] to regulate the State Printing by contract, with a report in writing-setting forth that the Committee being doubtful whether any good could result from any change of the manner of doing the public priniing ; and remembering that the State had once tried and abandoned the plan of letting it out to the lowest bidder, and that other States had tried the same plan, with no good result; and considering that, with regard to the prices paid, the Committee (none of its members being acquainted with the art) had been informed that they yield no more than a fair rernuneratioa to the printer,and that eny cutting down would oppress the craft more than the State Printer,-they thereupon reported a motion that the bill be laid on the table.
Mr. GRESHAM said the correct course is to let out the work, and moved that the bill and report be referred to the Select Committee of Five on Public Printing.
Mr. SMITH, of Bartholomew, did not see any necessity for delaying action on the report.
Mr. BUNDY concurred in this view. No good can come from delay by recommitment. We might as well make it a special order next Wednesday.
Mr. McLEAN hoped it would be made a special order. Mr. Heffren, who was interested in this bill, was absent, and courtesy required that we should wait till he returns.
Mr. FRASIER said the special committee was the best to investigate the matter.
Mr. STOTSENBERG. There was a select committee on this subject. He came here to carry out retrenchment and reform.
page: 198[View Page 198]Mr. FISHER said he held the same opinion as the member from Floyd. He supposed that the report and bill would be recommited to the select committee.
Mr. SMITH, of Bartholomew, suggested that journeymen in the Journal and Sentinel offices should be brought before the committee to state what the work was worth. He concurred with Mr. Bundy in desiring a test vote of the House, whether they would abolish the office or not.
Mr. GRESHAM withdrew his proposition to refer, remembering that the select committee was divided. This bill was well guarded. It was the same that was introduced by Mr. Stevens, and matured in the Senate at the last session. He was willing to make it the special order for Friday.
Mr. BUNDY. When it should be made the special order and the time fixed, he hoped to be able to make up his own mind whether it was best to abolish the office or not.
Mr. CAMERON thought a new committee on printing ought to be raised-a committee of men who understood the business-and let them investigate and report on the whole matter. There were men in the House besides himself who might claim to know something about the printing business.
The bill was made the special order for Friday.
On motion by Mr. GRESHAM, it was ordered that the report lie on the table, and that 200 copies of the bill be printed.
Mr. FISHER, from the Committee on Ways and Means, returned the resolution for amendment of chapter 5, section 137, of the Revised Statutes, so as to dispense with filing the county treasurer's receipts for taxes with the county auditor, and equalizing the compensation of these officers-reporting against the former change, and that further action on the latter was inexpedient. The report was concurred in.
Mr. CRAIN, from the same committee, returned Mr. Roberts' bill [89] to amend the 9th section of the general banking act, so as to make the State Auditor's certificate sufficient cause of action and prima facia evidence against the banks, recommending its passage.
The bill was ordered to be engrossed.
He also returned Mr. Hayes's bill [111] to amend the 6th section of the general banking act of March 13, 1855, with a motion that it lie on the table; which was concurred in.
Mr. NEWMAN, from the Committee on the Organization of Courts, returned the bill for the election of Sheriff of the Supreme Court, with the opinion that legislation thereon is unnecessary; which was concurred in.
CLAIMS
Mr. DOBBINS, from the Claims Committee, returned the claim of Geo. W. Griffith, for plastering and repairs in the State House-reporting the allowance thereof $575 75-and a motion that it be referred to the Committe on Ways and Means.
It was so ordered.
Mr. SLOAN, from a majority of the Committee on Claims, reported against the claim of the National Guard Band for music served on the occasion of the funeral of Gov. Willard.
Mr. BRUCKER and Mr. DOBBINS (the minority) reported the allowance of the claim ($50.)
Mr. SLOAN. It appeared that other music bands on the same occasion had been at the same expense, and performed the same service, and yet presented no claim. And it was considered by the majority, that if this claim were allowed chose others would have the same right to come in. The band of New Albany and another band from Minnesota might come in with just as good a claim; for it was a claim only for services in the funeral procession. It would be setting a precedent that might admit claims to an unlimited amount These considerations controlled the action of the majority.
The majority report was concurred in, and the report of the minority was laid on the table.
COMPENSATION OF THE SPEAKER.
Mr. SLOAN, from a majority of the Committee on Claims, returned Mr. Bundy's bill [27,] fixing the Speaker's compensation at $6 per day, recommending indefinite postponement.
Mr. DOBBINS submitted a minority report, with an amendment by way of substitute, allowing $5 a day to both the Speaker of the House and the President of the Senate.
On motion of Mr. EDSON, the report of the majority of the committee was laid on the table, and the question recurred on concurrence in the minority report.
Mr. FORD proposed to amend by adding a clause raising the per diem of members to $5 a day.
Mr. PARRETT was opposed to the Speaker receiving any extra compensation, for reasons heretofore set forth in a paper entitled A Report from the Committee on Corporations. He was opposed to allowing the Speaker to monopolze all the honors and emoluments, too. He was opposed to monopolies, and generally to great men.
The SPEAKER reminded the gentleman that the occupancy of the Chair was itself a monopoly.
Mr. PARRETT. Not by any means, for the Speaker frequently yields it to others.
Mr. WOODHULL. It was proper to have a man of adequate qualifications in the Chair, and he was charged with peculiar but arduous duties and responsibilities; and he believed the people were willing to pay him. The position might be honorable, but the honors were certainly dearly bought. He vas willing to add a reasonable compensation.
Mr. SMITH of Bartholomew moved to strike page: 199[View Page 199]Out the emergency clause, which was understood to include the present incumbent of the Chair.
Mr. WOODHULL. There was no emergency clause.
Mr. FISHER referred to the extra duties of the Speaker, as well as the extra expense frequently involved in doing the honors of his position at the numerous festivals of the city, which he supposed the Speaker could testify Dy this time, were exceedingly expensive.
The SPEAKER (humorously) decided several amendments out of order.
On motion by Mr. STOTSENBERG, the minority report, bill and amendment, were laid on the table-yeas 64, nays 23. Subsequently he moved to reconsider this vote, and to lay the motion on the table. The latter motion was agreed to.
Messrs. Moss, Flopkins, Erwin, Frasier, Moorman and Hall had leave of absence till Monday.
Mr. HOLCOMB asked ineffectually for leave to submit a resolution to return to two sessions a day.
On motion by Mr. CAMERON, his bill [50,] to repeal the act of last session for the return Of juries on the third day of common pleas terras, was taken from the table and referred to the Committee on the Judiciary.
RIGHTS AND PRIVILEGES.
Mr. ORR, from the Committee on Rights and Privileges, returned the petition of David Penny and others for a reward for catching horse-thieves, reporting legislation thereon inexpedient. The report was concurred in.
Mr. SHERMAN returned Mr. Orr's bill [87,] exempting parsonages from taxation, with verbal amendments, recommending passage. The amendments were concurred in, and the bill was ordered to be engrossed.
He also returned the bill to amend the 7th section of the supervisor's act of March 18, 1852, recommending its passage. It was ordered to be engrossed.
Mr. McCLURG returned Mr. Sherman's bill [140] authorizing the President of the Board of Sinking Fund Commissioners to make deeds and satisfy mortgages (for the old State Bank,) recommending passage. It was ordered to be engrossed.
Mr. HURD returned Mr. Cason's bill [116] requiring patent medicine packages and boxes to be labeled with their ingredients, recommending passage. It was ordered to be engrossed.
JUSTICES OP THE PEACE.
Mr. McCLURG returned Mr. Moss's bill [80] to amend sections 8 and 10 of the justices' act of June 9,1852, with amendments, [extending the official bonds of justices of the peace to from $2,000 to $6,000, and extending their jurisdiction to $200 and $300 on confession of judgment]
The orginal bill, he said, was to enlarge the jurisdiction of justices of the peace to $300 and $400 on confession. The amendments re duce these amounts to $200 and $300. That, was the whole of the bill. It was discussed rather extensively the other day. The members of the committee-(to say nothing of their private opinion-) became satisfied that this enlargement of jurisdiction was a general public demand. He was satisfied that the people of his county wanted it. So. yielding to what they believed to be the wish of their constituents, they agreed to submit this report. They also looked at the question in a practical way. They considered that the Circuit Court sits but twice a year, with an interval of six months; that the Common Pleas Court sits but three times a year, with intervals of four months, and that the justices' jurisdiction was limited to $100. And that they thought, to save time and costs, it would not be too much to give creditors the advantage of getting judgment on sums under $300, by giving three days' notice.
Mr. Gresham and Mr. Bundy opposed, and Mr. Holman and Mr. Parrett supported, the bill, until-
Mr. McLEAN demand the previous question, and under its force the amendments were adopted.
On the question of the engrossment-
Mr. FRASIER proposed to amend, by a clause to abolish the Common Pleas.
Mr. VEATCH proposed to amendment, by a clause referring the duties of the Common Pleas to the Justices' Courts.
These were laid on the table.
Mr. NEBEKER, as a constitutional lawyer, was glad to see the lawyers here disagree on the propriety of this bill. It would give the people facilities for collecting with less costs.
Mr. CAMERON demanded the previous question, and, under its operation, the bill was ordered to be engrossed, by yeas 69, nays 18:
Mr. EDSON explaining, that he believed it would work injuriously, (but the people demanded it,) placing the legal fraternity in the same position with the Democratic party, and therefore he thought they had better succumb.
The SPEAKER would like to know of the gentleman whether he acknowledged that the Democratic party did now succumb ? [Laughter.]
Mr. WOODHULL (explaining,) said he represented farmers, and while he believed the bill would operate injuriously upon them, and promote his own interests, professionally, he would vote No.
On motion by Mr. NEBEKER, (the order of business being suspended for the purpose,) the bill was considered as engrossed and passed the third reading-yeas 69, nays 2-as follows :
YEAS-Messrs. Anderson, Atkisson, Boydston, Brett, Bryan, Cameron, Campbell, Collins, of Adams, Combs, Cooprider, Dashiel, Davis, Dobbins, Edson, Epperson, Feagler, Ferguson, Fisher, Fleming, Ford, Fordyce, Fraley, Gifford, Gore, Hall, Harvey, Haworth, Hayes, Henricks, Holcomb, Hopkins, Horton, Hudson, Hurd, Jenkinson, Jones, of Wayne, Kendrick, Kitchen, Lods, Lane,
page: 200[View Page 200]Lightner, McClurg, McLean, Moss, Nebeker, Newman, Orr, Parrefct, Pitts, Polk, Prow, Ragan, Randall, Bobbins, Sherman, Sloan, Smith, of Bartholomew, Smith, of Miami, Stevenson, Stotsenberg, Trier, Thompson, Turner, Underwood, Warrum, Wells, Wilson, and Woodruff-69.
NAYS-Messrs. Bingham, Branham, Brucker, Bundy, Burgess, Cason, Collins, of Whitley, Crain, Erwin, Frasier, Gresham, Howard, Knowlton, Owens, Packard, Thomas, Veatch, Williams, Woodhull, Woods, and Mr. Speaker-21.
Mr. DOBBINS (explaining,) said that he did not think it would be for the advantage of the farming community, but was willing to yield to the demand here.
Mr. BUNDY proposed to amend the title of the bill, to read: "A bill to encourage litigation and increase the fees of lawyers."
Mr. PARRETT moved to lay the amendment on the table, but withdrew for a direct vote thereon, which stood-yeas 6, nays 84.So the bill passed the House of Repoesentatives.
Mr. ORR, from the Committee on Rights and Privileges, returned Mr. Edson's bill [135,] to amend the assessment act of 1852, so as to exempt from taxation the personal property of widows, when it does not exeeed in value $300, recommending its passage.
Mr. FRASIER would vote for it as just and expedient, but had not the slightest doubt that our labor would go for nothing; that it would be unconstitutional, and that it would be another machine to make litigations.
Mr. STOTSENBERG. Had it been before the Committee on the Judiciary?
Mr. VEATCH. They had reported in favor of it. He read the constitutional provision for exemptions from taxation.
Mr. ORR. It was under the word "charitable" that the bill was recommended. [Laughter.]
The bill was ordered to be engrossed.
THE STATE PRINTING.
Mr. BUNDY asked and obtained leave to submit a resolution, to raise a committee of five on the part of the House, to act as a Committee on Printing, in conjunction with the Standing Committee of the Senate on this subject; instructed to inquire and report what amount of money was expended last year on account of the public printing, and whether it has been expended in accordance with the provisions of the act of 1859.
2. To examine the law of 1859, and report whether any reduction is demanded in the prices; and report a bill making it the duty of the Printer to provide the paper for the State work.
3. To report a bill, separating the binding from the printing.
Mr. FISHER proposed to amend by striking out that part requiring the committee to inquire into the amount that has been expended for printing, because the Committee on Ways and Means had that before them.
The amendment was agreed to.
Mr. KNOWLTON moved that the resolution be referred to the Committee on Public Expenditures. There was a law regulating the price of printing.
Mr. BUNDY. The object was to get a committee of printers.
Mr. STOTSENBERG. The General Assembly had reserved the right to abolish the office of Printer, and it was now proposed to vote instructions to sanction the election of Printer, and bind the House against his removal. He opposed action till the House should decide the contract system.
Ma. KNOWLTON'S motion was laid on the table.
Mr. GRESHAM moved to strike out that portion requiring the committee to report bill.
Mr. BUNDY accepted the modification.
The resolution was then adopted.
Mr. McClurg and Mr. Gore had leave of absence for to-morrow.
COUNTY AND TOWNSHIP BUSINESS.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Wells' bill, to amend the assessment act so as to allow every tax-payer to deduct the amount of his indebtedness from the amount of his personal taxables, with an adverse report, which was concurred in.
Mr. BRETT returned the memorial of the people of Mound township, in Wayne county for a change in the school law.
Also, Mr. Holcomb's resolution, for allowing county recorders compensation for entering "satisfaction" on mortgages; reporting the opinion that further legislation is inexpedient-which reports were severally concurred in.
He also returned Mr. Wells's bill [57,] to amend sections 2, 3, 4, and 5 of the act of March 2, 1855, for the re-location of county seats, reporting a motion for indefinite postponement.
Mr. WELLS opposed the report, showing at length how the present law operates to defeat the will of the majority on county-seat questions.
The report was concurred in.
Mr. BRETT also returned the petition of E. B. Driscoll and others for a change in the road law, reporting further legislation inexpedient.
Mr. FORDYCE returned a petition for a change in the regulation of county recorders, with a similar report.
Mr. JONES of Wayne returned the petition of T. C. Hammond and others, of Porter county, for the election of county commissioners by districts, with a similar report; which reports were severally concurred in.
Mr. TURNER, from the Committee on Agriculture, returned Mr. Williams's bill [11,] for rebuilding and repairing fences along the lines of railroads, recommending its passage.
Mr. ATKISSON. It proposed to make the farmers partners with the railroad companies in two fences along their lines. The company could sue the farmer for the value of half page: 201[View Page 201] the fence. He was opposed to being forced into partnership with incorporated companies.
Mr. DAVIS. So also the farmer could com-1 the railroad company to make one-half of the fence. It would fence the railroads.
On the motion of Mr. Speaker ALLEN, (Mr. McLean in the Chair,) the report and bill were referred to the Committee on the Judiciary.
Mr. ROBBINS, from the Committee on Mileage reported a resolution, which was adopted, requesting each member to report to said committee the distanees, on the usually travelled routes, from his county-seat to Indianapolis and to Jeffersonville. [It was to guide the committee in fixing the mileage of sheriffs and treasurers.]
CORPORATIONS.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Knowlton's bill [91] to amend and extend the charter of the Eel River Seminary Society, &c., recommending its passage.
The bill was ordered to be engrossed.
He also returned Mr. Hopkins's bill [15] to amend section 2, of the act of February 12, 1855, concerning voluntary associations recommending passage.
Also Mr. Packard's bill [114] to amend the first section of the act of May 20, 1852, regulating manufacturing and mining companies, &c., recommending its passage.
Mr. Hurd returned Mr. Henricks' bills [77 and 82] amendatory of the charters of the St. Joseph Iron Company and the South Bend Manufacturing Company, recommending their passage; which reports were severally concurred in, and the bills were ordered to be engrossed
The House then adjourned.
IN SENATE.
SATURDAY, February 9,1861.On motion of Mr. LINE the reading of the Journal of yesterday was dispensed with.
Mr. MILLER presented a memorial, which was referred to the Judiciary Committee, without reading.
Mr. CLAYPOOL presented two claims, which were referred to the Committee on Claims, without reading.
Mr. JOHNSON presented a petition from citizens of Clay county, on the present condition of public affairs, praying this Legislature to use all fair and honorable means to restore the Union of the States, and give peace to the country; and stating that the petitioners would be satisfied with a compromise based on the Crittenden proposition; referred to the Committee on Federal Relations, under the rule.
Mr. SLACK made an ineffectual demand for a call of the Senate.
REPORTS FROM COMMITTEES.
By Mr. CONNER : Judiciary-returning apetition from citizens of Jefferson county, praying for an amendment to the law, so as to allow justices of the peace to sue either in the township where the debt was contracted or where the defendant may reside, at the option of the plaintiff; and reporting the opinion expressed by a previous report of the committee when returning a bill on this subject; recommending that it lie on the table.
By Mr. STUDABAKER: Judiciary-returning his bill 117-see p. 163 of the Brevier Legislative Reports-with an amendment recommending passage.
By Mr. CRAVEN: Corporations-returning his bill 48-see p. 69 of these Reports-recommending passage.
By Mr. BEESON: Corporations-returning Senator Ray's bill 59-see p. 88-recommending passage.
By Mr. JOHNSON: Corporations-returning Senator O'Brien's bill 76-see page 96 recommending passage.
These reports were severally concurred in.
RE-ORGANIZATION OF THE MILITIA.
Mr. MURRAY, from the majority of the Committee on Military Affairs, returned Senator Anthony's bill 28 and Senator Ray's bill 72-see pages 45 and 96-recommending that they be indefinitely postponed.
Mr. CRAVEN, from the Committee on Military Affairs, made a minority report, signed by himself and Senator Anthony, dissenting from the views of the majority, that the bill 28 lie on the table. This report suggests that said bill has never had a careful reading, much less an investigation, and recommends that said bill do not lie on the table, but that it be referred to a select committee of five, with instructions to make such amendments as they deem right and adapted to the wants of the State of Indiana.
Mr. CONNER. In a short time a bill may be presented that will be generally satisfactory to all parties. With a view to waiting till such bill comes in, I move to lay both bills on the table.
Mr. ANTHONY. I desire to ask the Chairman of the Committee on Military Affairs how many members of that committee were present when they determined upon this report? I want to know whether there was a quorum?
Mr. MURRAY. In answer I will state that there was a quorum present. Five is a quorum I believe.
Mr. SLACK made another ineffectual demand for a call of the Senate. He did not believe there was a quorum present.
Mr. JOHNSON demanded a division of the motion to lay on the table.
Mr. CRAVEN. My recollection is the committee agreed to recommend that these bills lie on the table, and not an indefinite postponement.
Mr. SHOULDERS. I will state that I made the motion in committee to recommend indefinite postponement, and it was carried.
page: 202[View Page 202]The question being on laying the majority report on the table-
The yeas and nays were demanded, and, being ordered, the Secretary proceeded with the call. When the call was concluded-
The PRESIDENT. No quorum voting.
On Mr. STUDABAKER'S demand, a call of the Senate was had, which revealed the fact that but 32 Senators were present.
Pending the call, leave of absence was asked and obtained for Senators March, Odell, Wolfe, Conley and Mellett.
The PRESIDENT stated that there was but one absentee who had not been excused.
And then, on motion, the Senate adjourned for want of a quorum.
The PRESIDENT called the attention of Senators to his announcement of the committee authorized by the resolutions of Mr. Mellett, adopted by the Senate yesterday, and of Mr. Cameron, adopted by the House Thursday, viz.: Senators Claypool, Anthony, Wagner and Hamilton.
HOUSE OF REPRESENTATIVES.
SATURDAY, February 9,1861.The SPEAKER announced the members, on the part of the House of Representatives, of the Joint Committee on Apportionment, namely :
First District, Mr. Brett; Seventh, Mr. McLean ; Eleventh, Mr. Hayes ; Fourth, Mr. Grover; Sixth, Mr. Burgess; Third, Mr. Bran-ham; Ninth, Mr. Cameron, Chairman.
The SPEAKER also announced the members, on the part of the House, of the Joint Committee on Printing, under the resolution of Mr. Randall, namely:
Messrs. Randall, Haworth, Cameron, McClurg, and Collins of Adams.
Messrs. Brett, Collins of Whitley, Jones of Wayne, Ford and Combs, had leave of absence for this day.
Mr. Crain presented the petition of sundry citizens of Vermillion county for a new common pleas district composed of the counties of Vermillion, Parke and Putnam; it was referred to the select committee on that subject.
Mr. Branham and Mr. Bundy proposed an order, that when the House adjourn to-day, it shall be till Tuesday, 9 o'clock, but it was objected to.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. BUNDY returned Mr. Packard's bill [109,] to regulate the business of insurance companies under charters granted by the State of Indiana, &c., reporting the opinion that said bill is unconstitutional. The object is a good one-intended to protect the people from bogus insurance companies. The bill requires a deposit of stock with the Auditor of State, to protect the policy-holder. The committee deem it incompetent to impose conditions on corporations not recognized in their charters; they therefore report a motion lay the bill on the table.
The report was concurred in.
Mr. VEATCH returned Mr. Crain's bill [72,] for the recovery of personal property providing for an execution against the body &c., recommending its passage.
He also returned Mr. Bundy's bill [129] to amend section 178 of the act for the settlement of decedents' estates, to prescribe the rights and duties of officers, &c., recommending its passage. These several bills were to be engrossed.
Mr. CASON returned Mr. Jenkinson's bill [139,] to enlarge the legal capacity of married women where husbands are insane, to enable them to contract as though they were unmarried, with amendments (clerical,) recommending passage. The amendments were adopted and the bill was ordered to be engrossed.
Mr. WOODHULL returned Mr. Bundy'sbill [148,] to amend section 9 of the act regulating the fees of officers, and repealing, &c., with an amendment adding to the first section: "for each tract or parcel of land sold for taxes, 10 cents; for redeeming each county order, 10 cents."
The amendments were concurred in.
Mr. FISHER considered this bill was proceeding too fast.
Mr. VEATCH. As the law is, county treasurers were allowed two and a half per cent, for receiving and paying out moneys, except the school fund. The law was liable to misconstruction-some holding that there should not be anything allowed for redeeming county orders, and others, by a very liberal construction, were allowed two and a half per cent, for redeeming them. And, as there is no provision for allowance for selling land for taxes, it was thought, best to fix it at 10 cents for each tract, and 10 cents for each county order.
Mr. FISHER was aware of these different constructions of the law with regard to compensation for paying out the county revenue. He withdrew his objection to the engrossment.
Mr. PARRETT moved to lay the bill on the table. Pass this, and small county orders would be multiplied for the sake of the 10 cents. The treasurer was now the best paid officer in the county. He gets twice as much the auditor, who has nearly as much to do.
Mr. VEATCH. The Auditor is allowed five cents for using each county order, and there has never been any complaint that, on account of this small fee the number of county orders has been multiplied.
Mr. PARRETT. Still the County Auditor was much the poorest paid officer, unless in cases where some scheme is concocted for stealing the public funds between the Auditor and Treasurer.
Mr STOTSENBERG remonstrated against debate under the pending motion.
The bill was laid on the table.
page: 203[View Page 203]ROADS
Mr. WELLS returned the resolution for re-tiring the owners of land with dead timber on it near railroad lines and highways, to cut it down, reporting a motion to lay it on the table.
Also, the resolution for requiring Supervisors (to clear out the channels of water courses in their districts, reporting legislation inexpedient ; which reports were concurred in.
He also returned Mr. Williams' bill [103] for the erection and repair of bridges across streams of water forming the line between counties. &c., recommending its passage.
It was ordered to be engrossed.
Mr. HOLCOMB returned the resolution for regulating tolls on bridges, graveled, macadamized and plank roads, so as to reduce the rates on sheep, with a motion to lay it on the table.
Mr. NEBEKER thought he would be able to satisfy the House that the rates ought to be reduced on stock ; and on his motion it was referred to a Select Committee, which the Speaker makes to consist of Messrs. Nebeker, Jones of Wayne, and Fisher.
Mr. HOLCOMB also returned Mr. Atkisson's bill [96] to repeal sections 2, 3, 4 and 5 of the act of March 3, '59, regulating the working of highways on county lines, and supplemental thereto, with an amendment, adding a clause, viz : " And all roads located on county lines now worked, shall be worked in like manner." The amendment was adopted, and the bill ordered to be engrossed.
VERMILLION COMMON PLEAS.
Mr. CRAIN from the Select Committee thereon, returned Mr. Jones of Vermillion's bill, [122] to organize a Common Pleas District for Vermillion, Parke and Putnam, recommending its passage.
It was ordered to be engrossed.
SLACK WATER NAVIGATION.
Mr. WELLS, from the Select Committee thereon, returned the petition from sundry citizens of Pike county with reference to slack water navigation, and reported a bill, [188] To provide for the organization of companies to build dams across any stream ot water, so as to afford slack water navigation ; which was passed to the second reading.
SWAMP LAND FRAUDS.
Mr. WOODS submitted a concurrent resolution, for a joint committee on swamp lands, to confer together with reference to the adoption of some plan for examination into swamp lands frauds, and the validity of swamp land certificates, and report as soon as possible.
Mr. STOTSENBERG proposed to amend by adding the words "during the session."
Mr. WOODS accepted, and so the resolution was adopted.
EXCHANGE WITH WISCONSIN
Mr. BUNDY submitted concurrent resolution, which was adopted, authorizing the State Librarian to transmit to the Governor of Wisconsin any State documents, journals and statutes of which there may be a surplus in the Library, in exchange for documents of that State.
A message from the Senate announced bills, and the concurrent resolution for a Committee on Apportionment.
NEW BILLS
Were introduced and passed to the second reading, viz :
Mr. STOTSENBERG: [189] Authorizing the arresting and securing of fugitives from justice.
Mr. Branham : [190] To provide for the expenses of the present Legislature.
Mr. Grover: [191] To amend sections 176 and 190 of the practice act.
Mr. Jenkinson : [192] To provide for the organization of circuit courts, fixing the salaries of the judges thereof, the number of terms; and providing for the transfer of the probate business of the common pleas to the circuit court; and repealing, &c.
Mr. Anderson : [193] To provide for the location, vacation and change of highways ; for the damages in such location, change and vacation; and to repeal sections 15 to 26 of the act of January 17, 1852.
Mr. Kendrick: [194] To provide for the sale of certain property in the city of Indianapolis belonging to the State of Indiana ; and with the proceeds thereof to purchase other grounds within said city, and erect thereon anew house for the Governor; and for the regulation thereof-[Geo. W. Miller, W. O. Thompson, M. D. Williams, and Simon Yandis, the Board of Control.]
Mr. Lane: [195] To amend section 34, chapter 83, of the Revised Statutes of 1852 to provide for the incorporation of railroad companies, approved May 11, 1852.
Mr. Burgess: [196] Giving the clerks of the several circuit courts of the State, probate jurisdiction, defining their powers and duties, fixing their compensation, prohibiting their deputies from practicing law, and repealing, &c.
Mr. Stotsenburg: [197] To amend the 4th section of the act of March 5, 1852. declaratory of the law regulating marriages, &c., so as to give recorders power to issue marriage licenses.
Mr. Veatch: [198 To provide for the erection of an Asylum for Inebriates.
Mr. Thompson: [199] To amend the act of February 7, 1855, authorizing county agricultural societies to'hold real estate; and to authorize such societies to issue capital stock.
Mr. Fordyce: [200] To amend the 3d section of the act containing some general provisions respecting the sinking fund, its management and control; and to legalize and give validity to certain bonds therein named and to authorize debtors of the Branches of the State page: 204[View Page 204] Bank of Indiana to secure to the sinking fund a portion of their indebtedness, approved March 5, 1859, so as to authorize a partial release of lands mortgaged pursuant to the provisions of said act, and so as to authorize substitutions.
Mr. Parrett: [201] To attach the county of Benton to the tenth circuit, and to create the seventeenth judicial circuit; to provide for the election of judge, &c.
Mr. Knowlton : [202] To amend section 650 of article 36 of the practice act-[Mechanic shall file notice of intention to hold a lien within six months after the work.]
Mr. Hurd: [203] To provide for the registration of births, marriages and deaths; for the appointment of registers, and providing for the publication of such register; and a penalty.
Mr. Cooprider: [204] For the protection of swamp land ditches.
Mr. Williams: [205] To encourage the construction of free turnpikes, and to provide therefor.
Mr. COLLINS, of Adams, submitted an order, which was adopted, that no leave of absence shall be longer than for one day, unless it be for a limited time.
PERSONAL.
Mr. WOODHULL submitted a paper, in behalf of Mr. Packard and Mr. Feagler, and signed by them respectively, to the following effect: u Believing, as we do, that the article which led to words between us in disregard of the dignity and decorum of the House on the morning of the 2d instant, which we very much regret, arose entirely from a misunderstanding; we therefore mutually consent to an amicable adjustment of the same; and all offensive language on the part of either of us, is hereby withdrawn;" and he asked that it be spread upon the journal.
It was so ordered by consent.
The House then (at 11 o'clock) adjourned till Monday at 2 o'clock p.m.
IN SENATE.
MONDAY, February 11,1861.The Senate was not in session before noon.
AFTERNOON SESSION.
On motion by Mr. WILLIAMS, further proceedings in the call pending at the last adjournment, were dispensed with.
Mr. MILLER presented a communication from Mr. Fletcher; the Superintendent of Public Instruction elect, stating as a reason why he had not entered upon his duties, that the present incumbent refuses to give up the office till the 14th.
On motion by Mr. WAGNER, the communication was referred to the Judiciary Committee, with instructions to inquire into and report upon the matter as soon as may be.
Mr. TARKINGTON presented a petition from citizens of Bloomington against the licensing of liquor sellers, but if such a be persisted in, praying that the dealers may be made responsible for any damage that be sustained thereby. Referred to the Committee on Temperance.
REPORTS FROM COMMITTEES.
Mr. RAY. from the Judiciary Committee returned Senator Carnahan's bill [153] for the relief of Catharine P. Whittlesly,recommending passage.
Mr. WOLFE, from the Judiciary Committee returned Senator Landers' bill [46]-see page 69 of these Reports-with amendments, recommending passage ; also, returning his bill [57]-see page 69-recommending that the amendment limiting the poll tax for county purposes to 50 cents on the $100, be laid on the table.
[A message from the House announced the passage by that body of a resolution authorizing the exchange of state papers with the State of Wisconsin; the Committee on the part of the House on apportionment; and the passage of a resolution making the swamp land Standing Committee of each House a Committee of Conference to determine the best plan to be adopted for investigation cf swamp land frauds &c.]
Mr. WOLFE, from the Committee on the Organization of Courts, returned a resolution and reported in accordance therewith a bill [S. 159] declaring that the several common pleas districts shall be known and designated by respective numbers, and providing what counties shall compose such districts by appropriate numbers, which was passed the 1st reading.
Mr. BEESON, from the Committee on Agriculture, returned his bill [133] licensing dogs, &c., recommending passage.
These reports were severally concurred in.
THE STATE UNIVERSITY.
Mr. TARKINGTON introduced a bill [S. 160] providing for the opening of a normal department in the State University, making an appropriation therefor &c., which was passed the first reading.
RE-ORGANIZATION OF THE MILITIA.
The PRESIDENT announced the order to be the consideration of the unfinished business of yesterday being the motion to lay on the table the majority report from the Military Committee.
The motion was agreed to by yeas 18, nays 13.
The question recurring on laying the minority report on the table, that motion was rejected by yeas 16, nays 19.
The question recurring on concurring in the report-
Mr. CARNAHAN. I will just state that I am a member of that Committee, and we have had half a dozen different meetings, at least, and spent all the evening in the investigation of this bill, [S. 28] but that the bill of the gen page: 205[View Page 205]tleman from Shelby [S. 72] has not had the examination the other bill has.
Mr. MURRAY substantiated these facts.
Mr. CLAYPOOL. I think it right and proper that this bill should be referred to a Select Committee, for I am satisfied the Military Committee will never agree upon a bill. I am satisfied it is the will of this Senate to pass a proper military bill, and it is likely that neither of these bills will satisfy the Senate. The Senate is not prepared to say, under the present emergency, that we do not want a military system, but is opposed to the present system. The bill before the Senate [S. 28] is too ponderous, too expensive ; there is too much machinery about it.
Mr. WAGNER. It looks discourteous to dispose of this bill in the absence of the Senator [Mr. Anthony] who introduced it.
Mr. TARKINGTON. I am opposed to referring this matter to a Select Committee, and taking it out of the hands of the regular Committee. I think the Standing Committee should report a bill on this subject, if no one else does.
Mr. NEWCOMB. The idea of referring these bills back to the same Committee is an idle waste of time. If we have a military bill at all, we must have a Special Committee, and therefore, I am in favor of this minority report.
Mr. SHOULDERS. The only objection to this bill in Committee that I remember was, that it would create a high tax upon the people. I think the gentleman from Madison counted up what the tax would be, and that he stated it at $235,000, to the best of his recollection.
On motion by Mr. RAY, the report was concurred in, and both bills were included in the order to refer.
THE PRESIDENT ELECT.
Mr. TURNER offered a resolution, which was adopted, inviting joint committees of the Legislature of Ohio and the City Council of Columbus to visit the Senate Chamber; and appointing a committee of three to inform them of the adoption of the resolution.
The PRESIDENT made the committee to consist of Senators Turner, Wagner and Ray.
Subsequently Mr. WAGNER appeared at the head of the Lincoln escort committee from Ohio, and said: Mr. President, I have the honor to introduce to you, and through you to the Senate, the committee of reception of the Ohio Legislature and of the City Council of Columbus, and a portion of the staff of the Governor of Ohio.
PERSONAL EFFECTS OF THE LATE DR. OWEN.
Mr. CARNAHAN offered a resolution, which was adopted, directing the Committee on Agriculture to inquire into the expediency of purchasing the geological and mineralogical cabinet and philosophical apparatus of the late David Dale Owen.
THE STATE BORROWING MONEY.
On motion by Mr. TARKINGTON, the bill [H. R. 104] was taken up.
Mr. MURRAY opposed its passage.
On motion by Mr. WAGNER, the bill was made the special order for to-morrow morning, 10 o'clock.
WORK FOR COMMITTEES.
The following Senate bills were read the second time, and disposed of as recited:
Messrs. Johnson's 81, and Wagner's 53 to the Finance Committee.
Mr. Johnson's 83 was ordered to be engrossed.
Mr. Wagner's 84 to the Committee on County and Township Business.
Mr. O'Brien's 85 to the Committee on Corporations.
Mr. Shield's 87 to the Committee on Swamp Lands.
Messrs. Miller's 88 and 90, Wilson's 92, and Slack's 104 to the Judiciary Committee.
Messrs. O'Brien's 91, and Cobb's 93 to the Committee on Organization of Courts.
Mr. O'Brien's 94 to the Committee on Education.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
MONDAY, February 11,1861.RESOLNTIONS.
The SPEAKER announced that it was desired by many members that no further documents be laid on their tables, till provision is made for the payment of postage, of which the Doorkeeper was directed to take notice. The Speaker then announced the order of resolutions, and resolutions and orders were submitted and adopted to the following effect:
Mr. McClurg: That the Doorkeeper procure $3 worth of postage stamps for each member of the House.
Mr. Brucker: That the use of the Hall be granted to the Hon. R. D. Owen next Wednesday night, for the purposes of a public lecture on the Perils of the present National Crisis.
Mr. Ford: That the Committee on Rights and Privileges inquire into the expediency of requiring that all persons living out of the State and peddling jewelry in the State, shall pay a license therefor.
Mr. Edson: That the Committee on the Judiciary inquire into the expediency of providing by proper enactments for the appointment of a commission of not less than three nor more than five of the most distinguished jurists of the State to thoroughly revise the statutes of 1852, and the various acts passed since said revision; and that they report, &c.
Mr. Campbell: That the Committee on Apportionment inquire into the expediency of reducing the number of Senators to 15, and of the Representatives to 30.
Mr. Frasier proposed 3 Representatives and page: 206[View Page 206] 2 Senators; which was rejected; and then the resolution was rejected.
Mr. Black: That the Committee on Ways and Means inquire into the expediency of reporting a bill giving to plank, gravel and turnpike road companies the same right to enter upon lands and appropriate materials for the construction and repairs of their roads, as are no allowed to railroad companies.
Mr. Black: That the Committee on Ways and Means report a bill providing for a more rapid but gradual liquidation of the public debt. It was rejected.
Mr. Brett: That the Judiciary Committee inquire into the expediency of repealing the 10th section of the act creating Courts of Conciliation; also, of repealing the act of 1859, requiring juries to appear on the 3d day of the term in the Court of Common Pleas.
Mr. Holcomb presented a resolution of a Union meeting in Gibson county. He said they were the result of the deliberations of the adjourned meeting, whose proceedings were presented here by Mr. Speaker Alen. They were read and referred to the Committee of Thirteen.
The SPEAKER laid before the House a letter from Miles J. Fletcher, the incoming Superintendent of Public Instruction, addressed to Mr. Grover, chairman of the Committee on Education, setting forth the reason why he does not enter upon the duties of his office on the second Monday in February, to wit: Mr. Rugg refused to give up the papers and possession of the office until the 14th inst.-the expiration of his term of two years.
Mr. JENKINSON supposed it was only to Bet forth the reasons why Mr. Fletcher was not in office.
On motion by Mr. FRASIER, for the settlement of legal questions. The paper was referred to the Committee on the Judiciary.
Mr. Gore: That the Committee on Rights and Privileges inquire into the expediency of providing by law a suitable building for the reformation of inebriates.
WABASH AND ERIE CANAL.
Mr. BRETT. That the Speaker appoint a select committee of five, with power to send for persons and papers, and inquire: 1. Into the condition of the land office of the trustees of the Wabash and Erie canal at Terre Haute. 2. The quantity and price of land sold by them during the last two years and the disposition of their proceeds. 3. Whether they have transferred or otherwise encumbered any canal lands, and if so how much, with intent to hinder, delay, or defraud any of their creditors who are citizens of this Slate. 4. Whether the injunction granted by the circuit court of the United States was not fraudulently obtained, and with the connivence and consent of said trustees, or some of them, with leave to report any time.
Mr. FISHER could not consent to vote for that resolution without first knowing that something was wrong. If the gentleman could assure the House that there was something requring investigation, he ready to vote for it.
Mr. BRETT. Any person acquainted with the present condition and management of the canal must admit the necessity of investigation. For the last two years, the canal had been abandoned by the bondholders ; and they had obtained an injunction from the United States District Court against the trustees stop the payment of certain claims against the canal out, of the proceeds of the canal lands pledged for that purpose . It was never the intention of the bondhold to keep the canal up. They completed it to Evansville, merely to comply with the terms of their contract with the State. They intended from the first to abandon it as soon as they could do it with a fair share with a view of ultimately getting back from the State the other half of the original debt. The southern end of the canal had never been in a condition fit to be called a canal. Whenever the people wanted to ship their produce on it, they never could rely upon its management. It had no proper attention. They enjoined the lands with a view of turning them to their own account, instead of applying them and the tolls as the Butler bill required. If he had not feared that there had been some connivance against the interests in his region, he would not have introduced the resolution. He acknowledged candidly that he himself was personally and deeply interested in the case. It was not intended that the investigation should be an expensive one. But few witnesses were to be examined, and he believed they would bring out matter of importance to the State. He had as much regard for economy as any, but as ventilation was the order of the day, it was certainly needed here. The trustees had been complaining that the State had not been acting in good faith toward the bondholders. Now let us see whether the bondholders have been acting in good faith toward us. The management of the office at Terre Haute had cost, nearly $17,000 at the end of the year 1859, whilst the canal had been abandoned to those who chose to keep it up out of their own pockets. He was satisfied that there had been connivance and wrong in regard to this injunction, which ought to come to light.
Mr. DOBBINS. In his county, this injunction was having the effect of hindering the entry of the lands. Parties were fearful about sending their money to Terre Haute on account of it. Several applications had been made to him, in which purchasers had refused to enter, from the fact that this injunction has hung up the lands. The object of the resolution he thought was a proper one, and due to the people of the southern part of the State.
Mr. NEBEKER. The gentleman was certainly wrong, about its not being the intention page: 207[View Page 207] of the bondholders from the first to comply their contract ; for they had to advance money to complete the canal. There might be other things wrong; and he would move to refer the resolution to the Committee on the Judiciary, that they may examine and see if the provisions of the Butler bill have been violated.
Mr. FISHER referred to the floods of 1858, high required expensive repairs, and required the money raised from the sales of the lands. These lands, as he understood, were pledged for the redemption of the notes which the subscribers held for the completion of the canal-pledged to refund the money thus advanced. But the money received the lands was taken to repair bridges of Terre Haute. The individuals who these funds had now enjoined them from using the proceeds of the lands for any other purpose. He thought this investigation would bring nothing out more than what is contained in the report of the trustees. The whole case was presented there.
Mr. Speaker ALLEN [Mr. Mclean in the Chair.] The motion to refer had no second. His constituents were interested in this matter. They had wanted to ascertain whether or not the report made by the trustees is true. If true, there was an end of it. But strong suspicions had arisen in the minds of the people in the Southern part of the State, that there exists a connivance amongst the trustees and others against the interests of those along the line of the canal, which they desire to inquire into for their protection. The trustees of the canal have entered into contracts with parties to furnish water power, and thereupon, relying upon these contracts, expensive mills have been erected. The failure to furnish water power have rendered these mills worthless: and when these parties have called on the trustees for damages, they are met with the answer, that the trust funds are exhausted, and there is nothing to pay their damages. An injunction had been not only granted, but made perpetual by the United District Court of this State, enjoining creditors from their pay by execution, and giving the whole of the trust funds for the re-payment of the money advanced, of which the gentleman from Wabash had spoken. This investigation proposes to cover the whole matter, and ascertain what disposition has been made of the trust funds, and whether the decree has been obtained by fraud and collusion. In this view of the case, he considered it highly proper and important that the investigation should be had. It was certainly wrong that our citizens should be made to suffer, whilst the trustees or the bondholders appropriate the trust funds to themselves. If these funds have been exhausted, then they had no recourse. But might be proven that the trust funds are not exhausted; and if they are fraudulently setting them apart for their own purposes, then he apprehended our citizens might enforce their rights. Under this view, he hoped the resolution would be adopted.
Mr. NEBEKER. If, as a corporate body, they had violated their contract, it occurred to him that the State has nothing to do with it. What right had the State to step in now and say that their lands shall be sold, and the proceeds applied in a certain way ? If the State's relation to this matter made the case different from that of any other corporation, he was unable to see it. It was true, that, on account of the State's reversionary interest, there might be hope on their part that she would sometime take back the canal.
Mr. WOODHULL saw no necessity for the reference; and the House rejected the motion of Mr. Nebeker.
The resolution was adopted.
RESOLTIONS.
Mr. Haworth: That the Committee on County and Township Business be requested to inquire and report on the policy of changing the time of electing township assessors from the October to the April election.
Mr. Burgess: That the Committee on Education inquire into the expediency of so amending the school law as to give to school meetings the power to fill all vacancies in the office of school director.
Mr. Sloan: That the Committee on County and Township Business inquire into the expediency of abolishing the office of township assessor and requiring his duties to be performed by the township trustees; of requiring that the enumeration of the children attending common school shall be made at the same time that property is listed for taxation.
Mr. Holcomb presented the resolutions of another Union meeting in Gibson county; which was referred without reading.
Mr. Owens: That the Committee on the Organization of Courts inquire into the propriety of so amending the law as to require non resident parties bringing suit in this State, to pay a docket fee of five dollars, to be applied toward supporting the expense of the court of Justice ; and report, &c.
NEW BILLS
Were now introduced and passed to the second reading of the following titles:
Mr. Robert: [206] Supplemental to article 9, section 156 of part second of the Revised Code ; providing for attachment in certain cases, providing compensation for the judges, and prescribing the duties of clerks and sheriffs therein.
Mr. Grover: [207] To amend section 156 of the practice act.
Mr. Knowlton: [208] To amend section 6 of May 11, 1852, providing for the incorporation of railroad companies.
Mr. Nebeker: [209] To amend section 9 of the general banking act of March 13, 1855 so as to make disposition of certain moneys page: 208[View Page 208] arising from bank deposits to secure their circulation and providing for the redemption of their notes.
Mr. Campbell: [210] To abolish the death penalties, and to provide for imprisonment for life where, under existing laws death may be inflicted as a punishment for crime.
Mr. Gifford: [211] To authorize the superintendent or other person having charge of any county asylum to discharge persons and apprentice minors.
Mr. Woods: [212] To amend the third article, sections 128 and 136 and repeal sections 138 and 140 of the assessment act of June 21, 1852.
Mr. Henricks: [213] Defining certain felonies and prescribing punishment therefor-[breach of money trusts authorized by law, and of official money trusts-6 months to 5 3 years in the Penitentiary.]
Mr. Hurd: [214] Regulating marriage, prescribing who may issue marriage license and the form thereof, to whom marriage license may be issued, &c.
Mr. Gifford: [215] To regulate the practice of medicine and surgery.
Mr. Bingham: [216] To amend the 7th sec. of the act of 1852, providing for the election of the reporter of the Supreme Court, &c.
Mr. Atkisson's bill [66] to amend sec. 474 of the practice act, being the unfinished business, was laid on the table.
The SPEAKER announced the following select committee, under Mr. Brett's resolution for investigation of the Wabash and Erie Canal office, viz :
Messrs. Brett, McLean, Grover, Bingham, and Holcomb.
The bill of the Senate [S. 11] to amend sec. 140 of the assessment act of 1852, coming up on the second reading, was referred to the Committee on the Judiciary.
On motion by Mr. FISHER, (the order of business being dispensed with for the purpose,) the House took up the consideration of bills from the Senate, and the bills numbered respectively, 5, 7, 12, 19, 24 and 29, were read and passed to the second reading.
The House then adjourned.
IN SENATE.
TUESDAY, February 12,1861.Mr. WAGNER took the chair, and called the Senate to order.
On motion by Mr. LINE, the reading of the journal of yesterday was dispensed with.
The PRESIDENT pro tem., laid before the Senate a communication from H. C. Lord, Esq., President of the Indianapolis and Cincinnati Railroad, inviting members to a free ride between the two cities this day.
Mr. ANTHONY. From this invitation, I am clearly satisfied whether we accept the invitation or not, we will not have a quorum tomorrow, and for that reason I offer the following resolution:
Resolved, That when the Senate adjourns it, it will adjourn to Thursday morning next, at 9 o'clock.
Which was rejected by yeas 5, nays 31
Mr. LINE presented a petition from a turn-pike road, asking exemption from an onerous assessment, which was referred to a Select Committee of five without reading.
[Leave of absence was obtained for Senator Wolfe till Monday, and Senators Studabaker and Craven.]
Mr. WILSON presented a petition from citizens of Sullivan county, asking the repeal of the new county acts of '57 and '59; which referred to the Select Committee thereon.
Mr. BEESON, from the Committee on Agriculture, returned Mr. Murray's bill [134] licensing dogs, recommending that it lie on the table; which report was concurred in.
NEW PROPOSITIONS.
The following bills were introduced and severally passed to the second reading :
By Mr. O'BRIEN: [161] To amend section 12 of an act to provide for the settlement of decedent estates, approved June 17, 1855.
By Mr. DEHART: [162] To provide for the execution of conveyance by commissioners in case of deceased venders of real estate
By Mr. DEHART. [163] To amend'section 467 of the Practice Act.
By Mr. CARNAHAN: [164] To authorize administrators and executors to administer oaths to assessors and clerks who may be employed in the settlement of decedent estates.
By Mr. BERRY : [165] To amend section 26 of an act authorizing the construction of plank macadmized and gravel roads, approved May 12, 1852.
[Senator Hamilton's bill [95] was read the second time, and referred to the Judiciary Committee.]
THE PRESIDENT ELECT.
Mr. CONNER offered the following:
Resolved, That a Committee of Five on the part of the Senate be appointed to accompany his excellency, Abraham Lincoln, President elect of the United States, as far as Ohio on his tour to Washington.
After debate thereon by Senators Conner Slack, Newcomb, Hamilton, Tarkington, Line, Robinson, Murray and Williams-
The resulution was adopted by yeas 24, nays 17.
The PRESIDENT pro tem, made the Committee to consist of Senators Claypool, Ray, Bearss, Jones and Miller-Mr.J Conner declining to serve, as he was on the Committee of Reception.
[The loan bill [H. R. 104] being the special order, was postponed until 10 o'clock to-morrow.]
[Mr. MILLER made an ineffectual motion for a recess until noon, in order to enable Senators to see the President elect depart from the city.]
THE LATE STATE TREASURER'S ACCOUNTS.
Mr. ROBINSON offered a resolution, which was adopted; directing the Auditor of State to page: 209[View Page 209] report whether the late Treasurer of State accounted to the State Auditor and paid into the Treasury any monies received by him for interest on money of the State, as required by section 3 of an act relative to the salaries of public officers, &c., approved March 5,1859; if so, what sum he so accounted for and carried to the credit of the State.
WORK FOR COMMITTEES.
Senator Miller's bill [96] March's [98] and the Committee on Agriculture's, [99] were read the second time, and ordered engrossed for the third reading.
Senator Conner's [101] was read the second time, and referred to the Judiciary Committee.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
TUESDAY, February 12, 1861.On the motion of Mr. WOODHULL, (Mr. Speaker Allen being absent,) Mr. Bundy was called to the Chair:
HONORS TO THE PRESIDENT ELECT.
The SPEAKER laid before the House a letter from H. C. Lord, President of the Indianapolis and Cincinnati Railroad Co., extending an invitation to members to a free ride over said road to Cincinnati this day, and return to-morrow.
Mr. FRASIER moved that the invitation be accepted.
Mr. HOLCOMB would like to know what legitimate connection this ride could have with the legislation of the State of Indiana.
Mr. McLEAN proposed a substitute for Mr. Frasier's motion, respectfully declining the invitation.
Mr. PARRETT favored the substitute, not without regrets. But the session was so far spent, and we have so much to do, that it seemed to him, we hardly have the right as members of the Legislature to make this trip. He would remark that, while he felt like supporting the substitute, at the same time he believed he had moral courage enough to do almost anything he could both fight and die for the President elect, and the principles he represents-(consent)-yet he could not consent to the resolution offered by the gentleman from Kosciusko.
Mr. WOODHULL appreciated fthe feeling which had prompted the Railroad Company to tender this ride, but he considered that we came here for a different purpose from that of mere personal gratification. We came here to make laws; the session was already more than half gone, and he believed it would be a dereliction of duty on his part to accept the invitation.
Mr. ROBERTS. The object was to pay further respect to the President elect. He could not object to the partizan friends of Mr. Lincoln paying all the respect he deserves, and that belongs to his position; but he Bought the measure of respect extended to him by the body had been sufficient-that the President could not demand more. He considered it due to the people of the State to decline this invitation.
Mr. FRASIER had not any disposition to fight or die for anybody. But taking a trip to Cincinnati this afternoon and returning tomorrow morning, was a very different thing. He was satisfied we could accomplish about as much by going as by staying ; and if any gentlemen have conscientious scruples, he can stay here and fix up the business in committees.
Mr. DOBBINS, for one, was in rather a bad condition in the pocket, to accept this cordial offer of the railroad. He also considered it unnecessary to honor the President elect any further in this way.
Mr. ORR hoped the substitute for the motion would be adopted under the circumstances.
The substitute was adopted, and the invitation declined.
THE CRITTENDEN RESOLUTIONS.
Mr. DOBBINS presented the petition of A. I. Holmes and others, citizens of Fulton county, for the Legislature to instruct request our Senators and Representatives in Congress to use their influence and vote for the passage of the resolution known as the Crittenden Compromise; which was referred to the Committee of Thirteen.
ELECTIONS.
Mr. RAGAN, from the Committee on Elections, returned Mr. Dobbins's bill [110] to amend the 4th sec ion of the act in relation to special elections, reporting-Legislation inexpedient, and that the bill lie on the table.
The report was concurred in.
He also returned Mr. Turner's bill [90] and Mr. Kendrick's bill [125,] with Mr. Purrett's amendment, for a general system of registration of voters, and for the prevention of election frauds, with the expression of opinion that a registry law is not only inexpedient, but of doubtful constitutionality, and that further legislation for the prevention of election frauds is unnecessary. The committee recommend that these bills be indefinitely postponed.
On motion by Mr. NEBEKER, they were recommitted and referred to the Committee on the Judiciary.
ROADS.
Mr. RANDALL, from the Committee on Roads, returned Mr. Packard's bill [70.] supplemental to section 1 of the supervisors' act, with a recommendation that it be indefinitely postponed.
The report was concurred in.
NEW BILLS
Were introduced and passed to the second reading, viz:
Mr. Grover: [217] Supplemental to the act page: 210[View Page 210] of March 9; 1857, to repeal all laws in force for the incorporation of cities, and to provide for the incorporation of cities, &c.
Mr. Jones, of Wayne: [218] Legalizing the incorporation of towns under the act of June 11, 1852, for the incorporation of towns, defining their powers, &c.
Mr. Roberts: [219] To amend section 1 of the act of June 9, 1852, to amend .the 3d section of the act of Feb. 28, 1855, for the regulation of weights and measures.
Mr. Mutz: [220] To amend section 17 of the act of May 14, 1852, regulating descent and the apportionment of estates.
Mr. Jenkinson: [ 220 221 ] To extend the powers and duties of notaries public.
Mr. Williams: [222] To provide for the organization of life insurance companies.
Mr. Kendrick: [223] Authorizing any person, when necessary, to enter on the lands of another and cut or ditch ; and providing for the assessment of damages occasioned thereby.
Mr. Heffren : [224] To provide for the indexing of documents in the office of the Secretary of State, and appropriating money therefor.
Mr. Parrett: [225] To provide for notice to defendants in certain cases, and supplemental to the justices' act of June 9, 1852.
Mr. Lee: [226] To amend section 10 of the act fixing the times of holding the common pleas, &c., (Sullivan, Vigo and Parke.)
Mr. Veatch: [227] Suppplemental to the practice act, (relative to names on bonds, notes, bills, c.)
On the motion of Mr. ROBERTS and Mr. CAMERON, the House took a recess from 10 to 11:80 o'clock, to admit of the opportunity of witnessing the departure of the President elect.
AGENT OF STATE'S OFFICE.
On motion by Mr. ORR, (the order of business being suspended for the purpose,) the House took up the consideration of the Governor's message of the 21st of January, transmitting Mr. Commissioner Ray's report of his investigation of the office of the Agent of State in the city of New York. The report, and documents accompanying (which were not read,) were referred to the Committee on Public Expenditures.
A NATIONAL HOMESTEAD.
On motion by Mr. FISHER, (the order being further suspended,) the joint resolution of the Senate (S. J. R. 8,) instructing our Senators and requesting our Representatives in Congress to use their influence for the passage of a homestead bill, was taken up, considered and adopted-yeas 69, nays 4.
The Senate amendment, inserting the word "white" before the word "settler," to the House joint resolution, embracing the same matter with the above, with the resolution itself, was laid on the table.
The Senate joint resolution (S. J. R. 6,) proposing an amendment to article 8 of the Constitution, so as to enable townships and cities-to levy taxes for the support of common schools, coming up-
Mr. JENKINSON. The object was to get a set of schools in the towns and cities different from other common schools. He was opposed to that.
On motion of Mr. STOTSENBERG it referred to the Committee on Education.
The Senate joint resolution [12] proposing amendment to the 23d subdivision of the 4th article of the Constitution of the State to provide that cities, towns and townships may raise money for the support of common schools, coming up-it was referred to the Committee on Education.
The Senate joint resolution [13] to amend sec. 2, art. 2, of the Constitution, so as guard against fraudulent voting, on motion by Mr. McLean, was referred to the Committe on the Judiciary.
Sundry bills of the Senate numbered respectively, 77, 79, 16, 18, 26, 44, 56, were severally passed to the second reading.
WORK FOR COMMITTEES.
Mr. Bundy's bill [120] to amend the first section of the act concerning interest On money, coming up-
On motion of Mr. DAVIS, (there being a similar bill in the hands of the Committee of the whole House,) it was laid on the table.
Mr. Smith of Bartholomew's bill [145] to amend section 33 of the assessment act, was referred to the Committee on Ways and Means.
Mr. McLean's bill [147] to amend section. 68 of the general city corporation act, was referred to the Committee on Corporations.
Mr. Parrett's bill [148] limiting the time for prosecuting for crime, coming up-
Mr. McLEAN proposed to amend"amend by inserting 3 years as the statute of limitations, in place of 5 years."
On motion by Mr. ORR, the bill and proposed amendment were referred to the Committee on Rights and Privileges.
Mr. Jones of Tippecanoe's bill [149] to provide for the election of a Surveyor General, &c., coming up-
Mr. FRASIER made an ineffectual motion to print.
On motion of Mr. BRANHAM, it was referred to the Committee on County and Township Business.
Mr. Jones's bill [150] regulating the election and office of County Surveyor, coming up-
Mr. KNOWLTON proposed an amendment, which, without reading, was referred, with the bill, to the Committee on County and Township Business.
Mr. Prosser s bill [151] to create the 14th Judicial Circuit, was referred to the Committee on Organization of Courts.
Mr. Smtth of Bartholomew's bill [153] to re-establish the 2d Judicial Circuit, coming up-
