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Brevier Legislative Reports, Volume IV, 1861, 378 pp.
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IN SENATE.

MONDAY, January 14,1861.

Mr. TARKINGTON presented a resolution adopted by a large meeting of his constituents, instructing their Senator and Representative in the State Legislature, if the present national difficulties be not settled before the adjournment of the General Assembly, to use their utmost endeavors to procure the passage of a law suspending the collection of debts by sale of property for one year; which was read and referred to the Committee on Finance.

Mr. HULL presented a petition from certain citizens of Ripley and Dearborn counties, praying that the road law be so amended as to give county commissioners power to decide upon the width of roads in their localities ; which was read and referred to the Committee on Roads.

STATE DEBT AND NORTHERN STATE PRISON.

Mr. JONES offered a resolution, which was adopted by consent, authorizing the printing of 200 copies each of the Report of the Directors of the Northern State Prison, and of the Commissioners appointed at the last session to examine and adjust the suspended debt of the State.

ASSISTANCE TO AGRICULTURAL SOCIETIES.

Mr. MURRAY offered a resolution, which was referred to the Committee on Agriculture, enquiring into the expediency of that Committee reporting a law conferring power upon county boards to assist Agricultural Societies in purchasing Fair Grounds.

STANDING COMMITTEES OF THE SENATE.

Mr. ANTHONY offered the following, which was adopted:

Resolved, That the following be the Standing Committees for the Senate during the present session:

  • Committee on Judiciary -Messrs. March, Conner, Newcomb, Cravens, Miller, Mellett, Claypool, De Hart, Slack, Ray, Cobb, Wolf and Studabaker.
  • Committee on Finance -Messrs, Wagner, Cravens, Steele, Blair, Tarkington, Shoemaker and Hamilton.
  • Committee on Organization of Courts -Messrs. Conner, De Hart, Claypool, Dickinson, Bay, Wolf and Cobb.
  • Committee on Elections -Messrs. White, Grubbs, Berry, Turner, Landers, Shoulders and Line.
  • Committee on Federal Relations -Messrs. Cravens, Wagner, Newcomb, March, Beeson, Steele, Kay, Wolf, Tarkington and Line.
  • Committee on Education -Messrs. Miller, Anthony, Craven, Stone, Blair, Shoemaker, Tarkington, Odell and Line.
  • Committee on Corporations -Messrs. Craven, Beeson, Conner, White, Carnahan, Johnson and Shields.
  • Committee on Military Affairs -Messrs. Murray, Steele, Wagner, Cravens, Carnahan, Shoulders and Lomax.
  • Committee on Roads -Messrs. Hull, Beeson, Stone, Robinson, Williams, Odell and Jones.
  • On, Canals and Internal Improvements -Messrs. Campbell, Steele, Conner, Bearss, Williams, Wilson and Hamilton.
  • Committee on the Affairs of the Town of Indianapolis -Messrs. Bobbins, Newcomb, Blair, Line and Cobb.
  • Committee on Claims -Messrs. Mellett, Robinson, Stone, Dickinson, Carnahan. Johnson and Jones.
  • Committee on State Prison -Messrs. Bearss, Anthony, Teegarden, Mellett, Culver, Murray, Tarkington, Slack, Line, Wolf and Cobb.
  • Committee on Expenditures -Messrs. Blair, Turner, Claypool, Campbell, Ferguson, O'Brien and Lomax.
  • Committee on Banks -Messrs. Steele, March, Claypool, Bearss, Conley, Hamilton and Landers.
  • Committee on Manufactures -Messrs. Robinson, Beeson, Hull, Shoemaker and Johnson.
  • Committee on Agriculture -Messrs. Beeson, Culver, Campbell, Murray, Bearss, Williams, Shoulders, Johnson and Lomax.
  • Committee on Unfinished Business -Messrs. Stone, White, Bobbins, Grubbs, Ferguson, Hamilton, and O'Brien.
  • Committee on Benevolent Institutions -Messrs. Teegarden, Newcomb, Cravens, Dickinson, Bobbins, Hamilton, Line, Tarkington, and Conley.
  • Committee on Swamp Lands -Messrs. Turner, De Hart, Miller, Conner, Odell, Wilson, and Shoulders.
  • Committee on Temperance -Messrs. Dickinson, Culver, Hull, White, Johnson, Shields, and Shoulders.
  • Committee on County and Township Business -Messrs. Culver, Campbell, Anthony, Murray, Shoemaker, and Line.
  • Committee on Phraseology and Arrangement of Bills -Messrs. Claypool, March, Turner, O'Brien, and Jones.
  • Committee on Printing -Messrs. De Hart, Culver, Murray, Mellet, Wolf, Ray and Cobb.
  • Committee on Enrolled Bills -Messrs. Berry, Stone, Blair, Ferguson, and O'Brien.
  • Committee on Rights and Privileges -Messrs. Grubbs, Dickinson, De Hart, Studabaker, and Line.

JOINT COMMITTEES.

  • Committee on Public Buildings -Messrs. Newcomb, Miller, Hull, Line, and Lnnders.
  • Committee on State Library -Messrs Anthony, Teegarden, White, Cravens, Shoemaker, Hamilton and Conley.

On motion by Mr. LINE, 200 copies of the standing committees were ordered printed for the use of the Senate.

OFFICERS' REPORTS.

Mr. TARKINGTON offered a resolution, which was adopted by consent, directing that any reports of officers, for 1859, be laid on the tables of Senators.

BILLS INTRODUCED.

The following new propositions were passed the first reading without objection :

By Mr. CONLEY: [S. 15.] To amend an act to revise, simplify and abridge the rules, practice and pleading in courts, approved June 18, 1852; increasing the length of stay in the collection of debts to double the length of time that it is now.

By Mr. JONES: [S. 16.] Requiring township assessors to ascertain the number of sheep killed or injured by dogs.

By Mr. WILSON: [S. 17.] Allowing prosecuting attorneys ten percent, upon all moneys collected upon forced connoisance.

By Mr. CONNER: [S. 18.] To amend sec. 315 of an act to revise, simplify and abridge the rules, practice, pleadings and forms in civil causes; making publication thirty days before the first day of the term sufficient.

By Mr. CLAYPOOL: [S. 19.] To amend sec. 3 of an act to provide for the protection of wild game, approved February 26, 1857; by inserting "March" and "November" instead of "April " and " October.'

By Mr. CRAVENS: [S. 20.] Supplemental to an act to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors, approved March 5, 1859; provides that whenever persons applying for license shall be aggrieved, they may apply to the Circuit Court, or may demand a trial by jury without appeal.

By Mr. DICKINSON: [S. 21.] To apportion Senators and Representatives for the next six years.

By Mr. MURRAY: [S. 22.] Requiring the collection of moneys due for license for the sale of intoxicating liquors by taxation of the property in which such liquors are vended; adding the moneys so received to the common school fund.

By Mr. HULL: [S. 23.] To amend sec. 70 of an act for the valuation and assessment of real and personal property, for the collection of taxes, &c., approved June 21, 1852; so as to require the assessor to make out his lists " before the first day of March or the March session of the Commissioners' Court," instead of the " first day of June," as the statute now provides.

[A message from the House was received announcing the passage by that body of a resolution inviting the Senate to a joint convention for the purpose of electing a United States Senator, on Wednesday next at 2 o'clock, P. M.]

By Mr. LINE : [S. 24 ] To amend section 6 of an act for the encouragement of agriculture, approved June 17, 1852; so that the meetings of the State Board shall be on the " first Tuesday after the first Monday in January," instead of "the first Thursday after the first Monday."

By Mr. DICKINSON: [S. 25.] Authorizing justices of the peace, judges of courts and mayors of towns and cities to administer oaths generally; and making legal, oaths heretofore administered by such officers.

By Mr. SHOEMAKER: [S. 26.] Supplementary to an act concerning the re-location of county seats in certain cases, approved December 22, 1858, so as to legalize and confirm the action of Boards of Commissioners in cases when public property has been conveyed under the provisions of such act, and to provide for the conveyance of the asylum for the poor, in certain cases, and to provide also that certain trustees shall be created bodies politic and corporate.

By Mr. LOMAX: [S. 27.] To enable persons objecting to the location, vacation, or changing of highways, to remonstrate against the same.

NEWSPAPERS FOR MEMBERS.

Mr. MURRAY, by leave, from the Select Committee appointed for that purpose, made a report recommending the Senate to subscribe for three copies of the Daily Sentinel and the Daily Journal two copies of each to be enveloped and stamped.

Mr. LINE moved that the Senate concur in the report of the Committee.

Mr. MARCH. Will the chairman of the Committee inform the Senate the price asked for those papers?

Mr. MURRAY. I have consulted with the proprietors, and they propose letting us have the papers for five cents a copy-two to be page: 31[View Page 31]stamped the same price at which they were furnished last session.

Mr. COBB moved to amend the report by including The Volksblatt and Indiana American.

Mr. NEWCOMB moved to amend the amendment by including the Free Press.

Mr. COBB accepted the amendment.

Mr. JOHNSON moved to amend the amendment by striking out the words "three copies" and inserting the words "one copy."After remarks by Messrs. Johnson, Murray, March, Turner, Hamilton, Mellett and Line-

Mr.JOHNSON'S amendment was rejected.

Mr. NEWCOMB moved to amend the amendment by allowing each member to subscribe for three copies of any paper he may choose.

On motion of Mr. ANTHONY, all amendments were laid on the table-yeas 25; noes 16.

Mr. CONNER moved to amend the report of the committee by adding the words "also one copy of a newspaper of each of the several counties of the State having the largest circulation, provided that no paper shall have the sanction of the Senate which does not take a high stand for the Union now and forever."

Mr. STEELE. If would ask if that resolution, having reference to the Union, should not go to the Committee on Federal Relations. [Laughter.]

On motion of Mr. COBB, it was laid on the table-yeas 38, nays 8.

Mr. NEWCOMB offered in lieu of the committee report, a resolution providing that each member of the Senate be authorized to subscribe for any number of newspapers printed in Indianapolis, not exceeding live copies per day, at a rate not exceeding the price paid at the last session.

Mr. JOHNSON moved to amend by inserting in the proper place the words at their own expense." [Laughter.]

On motion by Mr. CONLEY-yeas 22, nays 18-the amendments were laid on the table.

[A message from the House was received, announcing the passage by that body of a, resolution inviting the President of the United States elect to visit this Legislature, when on his way to Washington: and. authorizing the appointment of a committee of seven on the part of the House, and six on the part of the Senate, to escort him thither from the State line.]

Mr. MARCH moved to amend the report of the committee, by providing that the papers are to be furnished at the same price at which they are furnished to individual subscribers, adding the cost of stamps.

Mr. CONLEY moved to amend the amendment, by providing that the Doorkeeper shall con tract for two copies for each member of the Daily Sentinel and the Daily Journal one copy to be enveloped and stamped.

On motion of Mr. MELLETT this amendment to the amendment was laid on the table.

Mr. COBB made an ineffectual motion-yeas 9, nays 32-to lay the amendment on the table.

Mr. LINE demanded the previous question.

The call was seconded by 28 Senators.

The main question being ordered-

Mr. March's amendment was agreed to, and the report of the committee as amended was concurred in.

Mr. CONNER. I move to reconsider the vote just taken. As a Senator upon this floor it is my desire to take a course in legislation that shall have an eye to rigid economy. The expense of the State for newspapers and postage is something like four or five thousand dollars. Now certainly any step which involves an expenditure even to that extent is of sufficient importance to require us to stop and think before we act The question will be sprung upon us in a few days as to what number of copies we will take of the BREVIER LEGISLATIVE REPORTS, which is a record of the proceedings of this body, and nothing else. It will be urged that we should take that because it is a very important thing, and in order to give the country a full report of our proceedings. Now I desire to state in this connection that I have no hostility to the press of Indianapolis. It is proper that the leading papers of the State should have reporters, that they may report the proceedings which takes place in this Senate Chamber, in view of the increased circulation given to their papers by so doing. There are about 5,000 voters in HIT district, and suppose we take two or three copies of these papers, I beg to know what benefit it will be to the country when you can hope to send but one newspaper to one man in 25 or 30 ? I desire to say barely this much, to indicate why I was opposed to taking any of these papers.

Mr. MURRAY. I am satisfied the action of this body amounts to a refusal to take the papers. We will have the whole question up again when the Doorkeeper comes to make his report, for the Journal and Sentinel proprietors are not going to let us have their papers on these terms. 1 ask gentlemen who object to taking these papers on the score of economy, to look to expenses in other quarters and see whether they can not save money without sacrificing the proposition to enlighten our constituents concerning our action here. We employ a great deal of help for our officers and we have bills printed for our own use; all this without any practical benefit to the people. We hold a majority in both branches of the Legislature, and we will be held responsible for everything passed ; I do not want to keep the people in darkness; I want to let them know what we are doing. I tell gentlemen that information must be imparted to our constituents. I might go on and say that we are expending thousands of dollars every sesson for the printing of our Journals and Reports of benevolent institutions for no prac page: 32[View Page 32]tical benefit. Let gentlemen curtail these expenditures.

Mr. WAGNER. I am in favor of taking the papers and sending them to my constituents, but I want them to pay for it, for I won't do it. I do not get money enough to afford it. I hold the opinion that we should have a reporter upon this floor of our own and pay him for the amount of his work according to any other man who works for money ; and that he shall furnish a report free to any papers that will publish it. These matters must be reported; these newspapers can not afford to print and report for nothing, and we can not pay all these papers for the same thing. 1 shall introduce a resolution at the proper time appointing a committee to get up such an arrangement.

Mr. CONNER withdrew his motion to reconsider.

SENATE BILLS ON THE SECOND READING.

The following bills, introduced Saturday, were read the second time and severally disposed of as recited:

Mr. Conley's [S. 6.] to repeal the act, approved March 7, 1857, authorizing the formation of new counties and the change of county boundaries. Referred to a select committee consisting of Senators Conley, Steele, Anthony, Johnson, and White.

Mr. Newcomb's [S. 7.] supplementary to an act concerning real property, and the alienation thereof, approved May 6, 1852.

Mr. NEWCOMB recited the objects of his bill, as recited in these report where it was introduced ; and the bill was ordered engrossed for the third reading.

Mr. Line's [S. 8] to amend the liquor law of March 5, 1859. Referred to the Committee on Temperance.

Mr. Claypool's [S. 9] limiting the jurisdiction of Justices of the Peace to the county. Referred to the Judiciary Committee.

Mr. Lomax's [S. 10] to amend the School Law. Referred to the Committee on Education.

Mr. Conner's [S. 11] repealing the law giving possession to the purchaser of a tax title before the deed is executed, being read-

Mr. COBB. I certainly object to the passage of this bill. The act of 1852, in my opinion, is correct. In order to enforce the payment of the money and interest, it is necessary to have a clause like the one in the present statute. It drives the owner of the land sold for the payment of taxes very quickly to redeem it. If you allow the owner of the land sold for taxes to keep possession, there is no inducement for him to redeem his land before the two years is up.

The bill was ordered engrossed for a third reading.

Mr. Craven's [S. 12,] requiring that appraisers shall be appointed from the county in which the land is situate, being read-

Mr. CRAVEN explained the provisions of his bill, and on his motion it was ordered engrossed for the third reading.

Mr. Lomax's [S. 13] providing that the ' township trustee shall hold his office for two years instead of one. Referred to the Committee on Education.

Mr. Carnahan's [S. 14] to amend the ac providing for the settlement of decedents' estates. Referred to the Judiciary Committee.

A MESSAGE FROM THE HOUSE

Was received, announcing the passage of a resolution by that body providing for the appointment of a Joint Committee to wait on the Governor and Lieutenant Governor elect, to ascertain what time it will suit their conveyence to take the oath of office.

ELECTION OF U. S. SENATOR.

On motion of Mr. BLAIR, the House resolution, providing for a Joint Convention elect a Senator next Wednesday, at 2 o'clock was taken up and concurred in.

VISIT OF THE PRESIDENT ELECT.

The House resolution, inviting the Hon. Abraham Lincoln to visit this Legislature on his way to the Capital of the United State was then taken up and concurred in.

THE GOVERNOR AND LT. GOVERNOR ELECT.

The House resolution, appointing a Committee to wait on the Governor and Lieutenant Governor to ascertain at what time it would suit their convenience to receive their oath of office, being read-

Mr. WAGNER. I think the House is actting premature, and my object in rising is to move to lay the message and resolution on the table. his Senate has no legal knowledge that this is the fact, and until we have the knowledge, I am not in favor of passing the resolution. It may or may not be so. The probabilities are it is so. The law provides I that we shall go into the Hall of the House to ascertain whether it is so or not. It is a perfect farce to go and count the votes after we shall have resolved that it is so. I move to lay the resolution on the table.

The motion, was agreed to.

HALL PRIVILEGES.

Mr. TURNER; by leave, offered a resolution granting the privilege of free access to the floor to James Sutherland and J. A. Berry, compilers of a Biography of Indiana Statesmen.

OFFICIAL REPORTER-STATIONERY.

Mr. WAGNER, by leave, offered a resolution instructing the Committee on Finance to inquire into the expediency of providing by law for the furnishing of stationery for the use of the General Assembly, and report by bill or otherwise ; also, some plan by which a reporter may be employed to report proceedings.

Mr. CONNER. In order to prevent a conflict of duties, I move to strike out the words page: 33[View Page 33] "Committee on Finance," and insert the words "special committee on stationery."

Mr. WAGNER, I wish to state that my object is not a temporary one. This is a different matter; it is to be a permanent, thing for all future legislatures ; to be placed upon the statute books until the law may be changed. So these matters do not conflict.

Mr. CONNER withdrew his motion.

The resolution was adopted.

And then-

On motion the Senate took a recess till '2 o'clock.

AFTERNOON SESSION.

Mr. LINE, by leave, offered a resolution, which was adopted, authorizing the appointment of a committee of five to inquire into the expediency of amending the Constitution of the State.

The PRESIDENT makes the committee to consist of Senators Line, March, Ray, Claypool and Ferguson.

A MESSAGE FROM THE HOUSE

Was received, inviting the Senate to repair to the Representatives' Hall instanter, to witness the canvassing of votes cast at the October election for Governor and Lieutenant Governor of the State.

The invitation was accepted, and Senators accordingly immediately left the Hall.

AFTER THE RETURN OF THE SENATE

LIEUT. GOVERNOR, Oliver P. Morton, took his seat as the presiding officer, ex officio, of the Senate.

And then-

On motion, the Senate adjourned.

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