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.