BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, MARCH 9, 1861 No. 21
ites accruing in the several offices since the passage of the act of March 5, 1859 ; which were referred to the Committee on Finance.
PETITIONS, MEMORIALS, ETC.
By Mr. TEEGARDEN: From citizens of Laporte county, praying for the passage of a law authorizing county com-commissioners to hold plats of ground for the use of agricultural and horticultural societies; which was referred to the Committee on Agriculture.
By Mr. DeHART: From 50 citizens of Howard county, praying for an act authorizing the establishment of five additional branches of the Bank of the State; which was referred to the Committee on Banks.
By Mr. WILLIAMS: From 55 citizens of Knox county, without respect to party, praying for an adjustment of our national troubles upon the basis of the Crittenden amendments, or some other basis equally fair and honorable; which was referred to the Committee on Federal Relations under the rules.
REPORTS FROM COMMITTEES
Were made and concurred in, as follows:
- By Mr. HAMILTON: Finance-returning the bill H. R. 283-see page 269 of these Reports-recommending passage.
- By Mr. BLAIR: Finance-returning the bill S. 186-see page 232-recommending indefinite postponement as there is a House bill now on the files which can be amended, so as to accomplish its object.
- By Mr. HULL: Roads-returning the bill S. 246, recommending passage
- By Mr. MELLETT: Claims-returning the bill S. 267, recommending that it lie on the table, as the committee have heretofore reported a bill upon the same subject and recommended its passage.
- By Mr. FERGUSON: Select Committee-returning the bill H. R. 328, changing the time of holding the Common Pleas Court in his district, recommending passage.
- By Mr. JOHNSON: Select Committee-returning the bill S. 266, changing the time of holding courts in Owen county, recommending passage.
- By Mr. MILLER: Education-returning the bill H. R. 100-see page 100 of these Reports-recommending passage.
- By Mr. CONNER: Select Committee-returning his levee and drain bill S. 252, recommending passage.
- By Mr. STEELE: Banks-returning the bill H. R. 140-see page 136 of these Reports-recommending passage.
- By Mr. JOHNSON: Finance-returning the bill H. R. 13-see page 29-recommending indefinite postponement.
- By Mr. JOHNSON: Corporationsreturning Senator Slack's bill 180-see page 226-without recommendation.
NEW PROPOSITIONS.
Mr. MARCH introduced a bill [273] to give judgment defendents the right to redeem land within 12 months when sold on execution without benefit of valuation and appraisement laws.
Mr. NEWCOMB introduced a bill [274] to provide for the appointment of; a temporary judge of the Court of Common Pleas by said court, in the absence of, or in case of interest or relationship of the judge; and for an extension of the time of holding said court.
Which were passed to the second reading.
WORK FOR COMMITTEES.
The following bills were read the second time, and referred to the appropriate committees:
- Judiciary-H. R. 115, 129, and Senator Wagner's 172.
- Finance-The bill H. R. 135.
- Rights and Privileges-The bill H. R. 139.
- Organization of Courts-Senator Wagner's 270.
- Senator Wagner's 269 was laid on the table and 200 copies ordered printed, on Mr. MILLER'S motion.
- The bills H. R. 77, 114, 124, 296, and Senator Landers' 271 were ordered engrossed.
On motion by Mr. MILLER the common School bill S. 217 was taken up for consideration; when, on motion by Mr. BLAIR, it was made the special order for Monday at 2 o'clock.
On motion by Mr. TURNER, the bill H. R. 3-see page 28 of these Reports-was read the third time, amended so as the courts shall be held in Newton county before those in Jasper county, and finally passed by yeas 35, nays 0.
On motion by Mr. JOHNSON, his bill 264, fixing and extending the time of holding common pleas courts in Putnam county, was read the third time, and finally passed by yeas 35 nays 0.
On motion by Mr. MELLETT, his bill [45] providing for a speedy publication of decisions of the Supreme Court, excluding argument of counsel-see pages 69 and 170-was read the third time, and finally passed by yeas 35, nays 0.
On motion by Mr. CRAVENS (Mr. Wagner in the chair), Senator Hamilton's bill 31-see pages 45, 227, 244, 257 of these Reports-was taken up and the House amendments thereto were read.
Mr. CRAVEN. I am unable to apprehend why it is that a bill of such great importance is to be pressed through before we have time to examine it. I find upon hearing the amendments read that the proposition put in the bill by the Senate in regard to those creditors furnishing wood, labor, &c., has been cut out, so that it now wipes out all debts; and for what reason I am unable to apprehend. If this bill is a fair and honest proposition, I ask why this hot haste? Why refuse a Senator upon this floor the privilege of examining this bill, which will not take more than half an page: 324[View Page 324]hour? An honest proposition, sir, requires no such extraordinary management. For one I cannot concur in the amendments.
Mr. HAMILTON. I disclaim any dishonesty of purpose in this matter. This bill was discussed fully in the Senate. I am as incapable of presenting anything to this Senate that would be unjust or unfair as any Senator upon this floor. If the Senator cannot comprehend this bill it is not my fault. If these amendments are not concurred in the bill will have to go back to the House, and a committee of conference called for, and it is too near the close of the session for that.
Mr. MARCH. The Senator from Madison (Mr. Craven), is chairman of the Committee on Corporations, and I think it is no more than courtesy that he should have an opportunity to examine the bill. I agree with him that this is an important bill, and there is no necessity for running it through in hot haste. I do not intend to make a factious opposition to it, but it is due to every Senator that he should have an opportunity to examine the bill and amendments. I do not discover any objectionable feature in them, but in a long bill of that kind the change or addition to the phraseology may be of great importance.
Mr. STEELE. This seems to me to be an unusual course in legislation. By the number of that bill we see it is one of the first introduced in the legislature, and I don't think there has a bill been as much discussed as this one. It is growing late in the session, and it is known to every Senator that if this bill goes to a committee now it is uncertain about its passage. I know there is justice in the bill-it contemplates nothing but justice, and it is due to those who have passed upon it and heard it discussed to put it upon the concurrent vote at once. I hope for the sake of the tens of thousands interested in the passage of this bill that it will be passed, and that we will act upon it at once.
Mr. CRAVEN. Bills of importance, which a number of Senators desire should come up now, have to be throttled at once for this mammoth railroad bill, because of the railroad influences here. There are certain propositions in that bill as I now understand them, that I am against,and ever expect to be against. I simply ask the privilege of examining it fairly, and that is but the common right of a Senator here. I move to refer the bill to a Select Committee of Three.
Mr. CRAVENS. The Senator from Madison [Mr. Craven] has the right to examine the bill, as we have all that right. This bill was introduced early in the session; it has now passed both Houses, and the .question is, shall it be postponed, and its passage endangered, and that, too, for one Senator, who says he shall ever be opposed to it? I trust the bill may be put upon its passage, that we may now concur or refuse to concur, for the simple reason that the railroads running through this State constitute a great interest-commercial agricultural and otherwise; a great many of these railroads are not worth a dollar to the stockholders, and nothing to the community and this bill simply enables them to get upon their legs again, that they may be useful, become fertilizers to the soil, and furnish to every man a market at his door.
The motion to refer was rejected.
The House amendments were concurred in.
On motion by Mr. CLAYPOOL, his bill 209-see page 244 of these Reports-providing for the distribution of estates, taking into consideration the advancements thereof, was read the third time, and finally passed by yeas 34, nays 0.
Mr. CRAVENS, from the Committee on Finance, returned the bill H. R. 161-see page 146 of these Reports-recommending passage. The report was concurred in.
Mr. CRAVENS. If it is the pleasure of the Senate, I would like to have that bill put upon its passage. It is a bill simply providing an amendment to the llth section of the act providing a treasury system, approved March 1 1859. It provides that whenever the Treasurer of State knows there is any money in a county treasury belonging to the State, he shall have power to call it up to the capital, and if, upon this requisition, the county treasurer shall refuse, then action shall be commenced upon the county treasurer's bonds. The object of this bill is to avoid hereafter the difficulties we have been in this winter.
Mr. CARNAHAN. It seems to me this bill can hardly bp carried out. For instance, if the treasurer of a county is told to transmit funds to the capital of the State, and they are lost in the mails, I am inclined to think, under the bill passed a few days ago, that treasurer would stand a good chance of getting into the State's prison. I shall have to vote against the bill upon its passage.
Mr. CRAVENS. This bill simply provides that the county treasurer shall remit the State funds to the capital upon the requisition of the Treasurer of State. The main object of the bill is to supply the State treasury with money belonging to the State and in the hands of county treasurers. The bill is supplementary to the other bill, and should be passed so as to avoid the necessity hereafter of making outside provision for money to supply deficits in the State treasury, as was the case this winter.
The bill finally passed : yeas 31, nays 3.
On motion by Mr. CONLEY, the bill S. 266, fixing the time of holding courts in Owen county, was read the third time and finally passed: yeas 34, nays 0.
On motion by Mr. STEELE, the bill H. R. 140-see page 136 of these Reports-was read the third time (he said the object of the bill was to rectify a mistake which cannot be done without a law upon the subject), and finally-yeas 34, nays 0.
On motion by Mr. CRAVEN, the bill [S.70] page: 325[View Page 325] for the relief of Lot Edwards, was read the third time, (Mr. NEWCOMB explained its provisions, and Mr. STEELE said "the bill is right,") and finally passed: yeas 34, nays 0.
On motion by Mr. RAY, his bill 185, to extend the time of holding the common pleas court in Shelby county, was read the third time.
Pending the vote on its passage-
Came the recess till 2 o'clock.
AFTERNOON SESSION.
Reports from Committees were made, and concurred in as follows:
- By Mr. WAGNER : Finance-returning the bill [H. R. 325] to raise revenue for 1861-2, recommending passage.
- By Mr. MARCH :. Judiciary-returning the bill H. R. 62-see page 50 of these Reports-recommending passage.
- By Mr. CRAVEN: Education-returning a resolution of inquiry as to whether it is expedient to require by law that the interest heretofore received on loans of the sinking fund shall be annually distributed to the treasurers of the several counties for the use of common schools, &c., recommending that it lie on the table, as legislation upon the subject is unnecessary and inexpedient.
- By Mr. BLAIR : from the same Committee on the same subject, reporting that the interest is distributed, and that further legislation is inexpedient.
The House bills 322, 313, 72, 82, 89, 91, 122, and 159, were read, and severally passed to the second reading.
On motion by Mr. WAGNER, it was-
Ordered that a message be transmitted to the House requesting the return of the bill H. R. 161, passed by the Senate this morning, that an emergency clause may be added to it.
Mr. Conley appeared and voted for Mr. Ray's bill 185 [pending the vote on which came the recess for dinner], and so the bill finally passed by yeas 34, nays 0.
On motion by Mr. WAGNER, his bill 269 introduced yesterday morning was taken from the table and referred to the joint committee appointed to redistrict the State for Congressional purposes.
Mr. HAMILTON moved to amend the title as follows:
A bill making a Congressional race track for the Senators from Delaware, Fayette, Henry, Laporte, Warren, Parke, Jefferson, DeKalb, and Lawrence.
Which was referred with the bill.
A message from the House announced the return of the bill H. R. 161; on motion by Mr. WAGNER, the vote was reconsidered by which it was passed, an emergency clause was incorporated in the bill, and it was placed again on the files of the Senate.
Mr. WHITE. I move that the joint Committee, to which was referred the bill 269, re-districting the State for Congressional purposes, be instructed to strike out from the bill the counties of White and Jasper, where they occur, and insert Boone county. I will say that I really think there would be no harm in worshipping it, for there is nothing in the heavens above or in the earth beneath like unto it. I like to see politics carried out, but I do think the thing is a little too apparent in this bill. I like to see the fair thing done,and I want it done so the Republicans have the majority too, but not so that it will be too apparent.
Two or three other propositions, by way of instructions, were made in a humorous vein-
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
SATURDAY, March 2, 1861.On motion by Mr. DAVIS, the House took up the consideration of bills on the third reading.
The SPEAKER. The Chair will take occasion to state for information, that now there are but seven working days remaining of the session, this House has passed but four Senate bills ; and the Senate has'passed but seven House bills. We have now passed the enormous number of eleven bills. The Chair states this fact, as perhaps it may save some of us an account with our constituents, which may not be so agreeable.
Mr. STOTSENBERG. We have not done much harm then.
The SPEAKER. Perhaps it would be best to abolish legislation altogether. [" Consent."]
Mr. Orr's bill [87] exempting parsonage? from taxation, coming up-
On motion of Mr. LANE, it was laid on the table.
RAILROADS.
The bill [S. 31] To legalize, authorize and regulate the sale and perfect the title of purchasers of railroads heretofore sold, or hereafter to be sold, by foreclosure or other proceedings in law or equity, and to enable them to organize corporations, and to exercise corporate powers, and to legalize sales of railroads, coming up on the third reading, (with the engrossed amendments of the House) (the amendments of the title here copied were withdrawn-)
Mr. NEBEKER proposed to recommit, with instructions to amend by a clause in the second section to "provided that such corporations shall assume all the debts and liabilities of the corporation before the sale, and make such adjustments with any of the stockholders of the last mentioned corporation as it may deem expedient." He proceeded to examine and criticise the second section, and say, that he was in favor of the bill, but it needed guarding and fixing up in many particulars.
Mr. FISHER. By the House amendments, the mortgage claims are second to claims for stock killed.
Mr. HEFFREN. This was amongst the bills of the session to benefit the people. It proposes to do what the United States Circuit Court did for the Louisville, New Albany and Chicago Railroad, at the end of a long law-suit, &c. On his motion, Mr. Nebeker's motion was laid on the table.
The bill, as amended was then passed the page: 326[View Page 326] last reading in the House-yeas 76, nays 12-with an amendment of title.
SOUTH BEND MANUFACTURING CO.
Mr. Henricks' bill [82] To amend the 7th section of the act to incorporate the South Bend Manufacturing Company, and to repeal the 9th section of the same, coming up-
Mr. DAVIS called for an explanation.
Mr. HENRICKS. The same remarks I made with reference to the bill No. 77, day before yesterday, will apply to this. ["Consent."] The section repealed is that providing penalty for not keeping up the lock around the dam, which has gone entirely into disuse.
The bill was finally passed the House-yeas 87, nays 0.
Mr. Crain had leave of absence until Monday.
U. S. SENATORIAL ELECTION BILL.
The SPEAKER now announced the special order, viz: Mr. Heffren's bill No. 313, providing for the mode and manner of electing U. S. Senators, &c. (joint convention of the two Houses on the third Thursday in January.)
Mr. HEFFREN explained its provisions.
Mr. STOTSENBERG did not like the feature requiring a majority of all the members elected to both Houses.
Mr. FISHER. It should require the same majority that the Constitution required to pass a bill.
The SPEAKER. This bill requires one vote less to elect a Senator than to pass a bill.
The bill passed the final reading-yeas 86, nays 3.
COMMON PLEAS DISTRICT.
The SPEAKER announced the consideration of unfinished business, viz: Mr. Newman's bill-To organize a Common Pleas Judicial District to be composed of the counties of Vermillion, Parke and Putnam.
Mr. NEWMAN explained and enforced the merits of the bill. It was a strip of country west of the Wabash, and composed out, of. three other districts-leaving them still enough to do.
Mr. LANE opposed, and referred to remonstrances he had presented against it.
Mr. PROSSER. Being desired by the people of the district,it ought to be given to them.
The bill was passed the final reading-yeas 54, nays 33.
Mr. GRESMAM made an ineffectual motion to take up his military bill, No. 105.
DIVORCEMENT.
Mr. Henrick's bill [97] to amend sections 6 and 7 of the act regulating the granting of decrees of divorcement of March 13, 1852, coming up-
Mr. HENRICKS explained that it was to prevent persons from other States coming here and obtaining a residence on their own affidavit, under the existing law.
VOICES. "No," "no."
Mr. STOTSENBERG. It amends the act of1852 which was amended at the last session and it does not recite the amendment of th' last session.
Mr. HENRICKS. I had it referred for ex animation, and it was reported without amendment.
On motion of Mr. JENKINSON, (on a reconsideration, ) it was referred to the Committee on the Judiciary.
EEL RIVER SEMINARY SOCIETY.
Mr. Knowlton's bill [91], to amend the act of January 27, 1847, to amend the act to incorporate the Eel River Seminary Society, approved January 1, 1829, and for other purposes; to amend the second section of said act; to repeal the 3d, 5th, and 8th sections- to provide for the increase of stockholders; for the election of 5 trustees as sole managers of the affairs of said society, to prescribe the term of office, and the effect of a failure to elect; and to confine the act of the Board of Commissioners of Cass county, and releasing to the stockholders of said society, all the interest of said county in said society's property and revenues, and releasing all claim of the State thereto, and releasing the corporation from the operation of the act requiring the sale of county seminaries, and legalizing the proceedings of said corporation-coming up-
Mr. PARRETT explained.
It was passed finally-yeas 81,.nays 0.
FREE BANKSAUDITOR'S CERTIFICATE TO SUE
STOCKHOLDERS.
Mr. Roberts' bill [89] to amend the 9th section of the General Banking act, so as to make a copy of the certificate of the auditor's a sufficient cause of action, and prima facia evidence in writs against banks-coming up-it was passed the final reading: yeas 78, nays 2.
HIGHWAYS ON COUNTY LINES.
Mr. Atkinson's bill [96], to repeal sections 2, 3, 4, and 5 of the act regulating the working of highways on county lines, approved March 3, 1859, coming up-it was passed over -Mr. A. not being present.
CAPIAS AGAINST THE BODY.
Mr. Crain's bill [72], for the recovery of personal property, providing for an execution against the body, and repealing, c., (authorizing a capias against the body of the replevin-defendant who refuses to deliver up the property)-coming up-it was passed the final reading: yeas, 84, nays 2.
THIRTEENTH CIRCUIT.
Mr. Underwood's bill [155], fixing the timt of holding the circuit courts in the 13t,h judicial circuit-affecting the counties of Wayne, Randolph, Jay, and Henry-coming up-
Mr. BUNDY asked that it be laid on the table. He understood it gave six weeks to Wayne county.
Mr. UNDERWOOD. It only affects the fall term in Jay county, to avoid conflicting with the common pleas.
Mr. BUNDY'S motion was agreed to.
page: 327[View Page 327]TRESPASS.
The timber bill by Mr. Turner [S. 29], to amend the J4th section of the misdemeanor act Of June 14, 1852-coming up-
Mr. WOODS said the existing law imposes ft fine only for such trespass. This bill authorizes imprisonment, in the discretion of the court.
Mr. CAMERON. It was to save timber in porter county from trespassers from Illinois.
The bill passed the third reading-yeas 65, nays 20.
RAILROAD GATEWAYS, ETC.
The Judiciary Committee's bill [159] declaring it a misdemeanor to leave open any gate, or let down any fence along the line of any railroad, and providing a penalty therefor fine not exceeding $10 00 imprisonment in county jail not exceeding six months-in the discretion of the court-coming up, it was finally passed the House : yeas, 77, nays 8.
GUARDIAN AND WARD.
The bill [S. 12] to amend the 16th section of the act of June 9, '52, touching the relation of guardian and ward-[court may appoint appraiser in each county]-coming up-it was passed the final reading: yeas 78, nays 5.
STATE BOARD OF AGRICULTURE.
The bill [S. 24] to amend section 6 of the act of February 17, '52, for the encouragement of agriculture-changing the time of the annual meeting of the State Board to Tuesday, (two days earlier than at present,) after the first Monday in January-coming up-it was passed the third reading in the 'House: yeas 81, nays 2.
STOCK KILLED BY RAILROADS.
Mr. DOBBINS, from the Select Committee thereon, returned his bill [60] providing for depositing the bonds, securities, &c., of any railroad company in this State, awarding liens on the same for stock killed by them, and providing a penalty, &c., with an amendment striking out all after the enacting clause, and inserting provisions for the road's liability for two-thirds the value, and the full value of the stock, if the-killing is the result of carelessness. Execution may levy on any property of the road-trust funds and property of the road also liable-the running expenses only to be first paid according to priority and equity in the case.
The report was concurred in, and so the bill was ordered to be engrossed.
AFTERNOON SESSION.
On the motion of Mr. BUNDY, the regular order of the calendar was laid aside for the consideration of bills on the third reading.
Mr. CAMERON (by unanimous consent) submitted an order, which was adopted, for the appointment of a committee of three upon bills sent in for expenses of the reception of the Hon. Abraham Lincoln; and that said committee report the amount allowed.
Whereupon, the SPEAKER appointed Messrs. Haworth, Turner and Brett.
WORK FOR COMMITTEES.
The bill [S. 107] was read the second time, amended by Mr. DAVIS, striking out the newspaper publication clause, and so passed to the third reading to-morrow.
The Liquor bill [S. 20] coming up-
On motion of Mr. BRANHAM, the newspaper publication clause was stricken out; and so it was referred to the Committee on Temperance.
The appraisement bill [S. 57] coming up-
Mr. DAVIS moved to strike out the publication clause.
Mr. CAMERON and Mr. STOTSENBERG spoke against the amendment.
The amendment was agreed to ; and so the bill was passed to the third reading.
The bill [S. 65] was referred to the Committee on the Judiciary.
The bill [S. 7] providing that a married woman over the age of 18 and under 21, may join with her husband in a conveyance of real estate-the judge of the court certifying that it is for the interest of the married woman-was considered and passed the third and last reading: yeas 78, nays 1.
On motion of Mr. BLACK, his bill [48] was taken from the table and placed in the Calendar.
The bills [S. 73, 171, 98, 117, 136, shorn of publication clause,] were passed to the third reading.
The bills from the Senate numbered 76, 88, 106, 138, 221 were severally considered and referred to the Committee on the Judiciary.
The bills [S. 82, 99, 101] were referred to the Committee on County and Township Business.
The bills [S. 99, 81] were laid on the table
The bill [S. 93]-Mr. BUNDY striking out the publication clause-on motion of Mr. FORD, it was referred to a select committee: Messrs. Ford, Prosser and Smith of Bartholomew.
The bill [S. 203] was referred to the Committe on Military Affairs.
The bill [S. 144], to make the registers, catalogues, tract-books, plat-books, &c., in the land offices of the United States in this State, and in the canal and Michigan road land offices admissible in evidence in civil actions, was passed the third reading without amendment-yeas 83, nays 0.
On motion of Mr. BRANHAM, it was ordered that the Senate bill, No. 161, for calling on the county treasurers for revenue be returned, in compliance with their request reported.
Mr. Speaker Allen's railroad bill [326] coming up-it was referred to the Committee on Corporations, with Mr. Fisher's amendment, striking out the publication clause.
page: 328[View Page 328]Mr. Jenkinson's bill [327], to enfranchise Indians as witnesses, coming up-
Mr. BUNDY proposed to amend by striking out the first section, and inserting to this effect :
No Indian or person having one-eighth or more of negro blood shall be allowed to testify in the Courts of this State, unless the matter in suit shall have originated on contract between such person of mixed blood and such white person, in which case it shall be lawful for both parties to testify.
Mr. BUNDY enforced his amendment upon various considerations.
Mr. STOTSENBERG moved to lay the bill and amendment on the table.
Mr. JENKINSON demanded a division of the question.
The first question, on tabling the amendment, was decided in the affirmative-yeas 65, nays 14.
The second division of the question, the motion to lay the bill on the table, was decided in the affirmative-yeas 65, nays 13.
Mr. ROBERTS moved to reconsider the votes just taken, and to lay that motion on the table. The latter motion was agreed to.
Mr. Parrett's free bank removal bill [329] was ordered to be engrossed.
On motion by Mr. WILLIAMS, the Judiciary Committee's bill [186], to authorize the Board of County Commissioners to purchase toll bridges, or any private interest therein, was taken up and considered on the third reading.
On motion of Mr.FISHER (by consent), the publication clause was stricken out: and then the bill passed the final reading-yeas 75, nays 4.
The Judiciary Committee's bill (160) to amend section 1 of the act of June 7, 1852, prescribing certain misdemeanors punishable only by a justice of the peace (defining assault and increasing the fine to $3), was passed the third reading-yeas 75, nays 2-with an amendment of title, adding, "and defining an assault."
Mr. STOTSENBERG moved to reconsider this vote, and said he believed the present act had been declared unconstitutional, &c.
On motion of Mr. GRESHAM, the motion to reconsider was laid on the table.
RAILROAD LIABILITIES.
Mr. Dobbins' railroad bill [60] coming up, on the third reading, he said it was a compromise bill. It would provide a remedy for complaints on account of railroad damage to stock. It will compel the road to use diligence and care at the crossings of highways. He hoped it would be satisfactory to the people.
The bill provides that the full valuation shall be paid at all points except at towns, cities and crossings of county roads, and where such roads are not securely fenced; and two-thirds of the valuation, at all places where stock is killed at the crossings of county roads, and through towns and cities, provided that full valuation may be recovered at the crossings and in the towns and cities, where gross negligence is proven.
Mr. BUNDY thought it contained at least one principle hostile to the common law. He referred to that principle which makes the road companies liable for damage at the crossings, without reference to the carefulness of their employees. He wanted time to examine it, and moved to lay the bill on the table, but immediately withdrew the motion for-
Mr. BINGHAM. The only feature in the bill that is a departure from the present statute law, or from any principle of the common law, was that with reference to the destruction of stock at the crossings of highways. It was provided that the railroad company shall be liable for two-thirds the value of the stock killed at the crossings. This was one deviation ; and there was another which makes void the decision with reference to mortgages. And the bill provides that all property the railroad company may acquire after the rendition of the judgment shall be subject to the execution and sold, &c. And he submitted if that was not fair as between the railroads and citizens along their lines. They run without regard to interests in stock. There was one exception only-in the Madison and Indianapolis road-where the engineer is allowed to stop when stock is on the track. But it was the case with other roads, that it was generally impossible for them to stop and make time with their connections. The bill was for the relief of those who were disturbed by this rule. Then, if these roads must run at a speed which they cannot afford to arrest for the sake of saving stock, it was fair and just to assume that they are able to pay the damage sustained by their act. It was nothing but a mere incident, that their time table requires them to go through with such rapidity. This protection was a thing demanded by the people; and he considered that the demands of the people ought be regarded in preference to any railroad interest.
Mr. DAVIS thought the bill was right.
Mr. CASON looked upon the provisions of the bill as unconstitutional. How can this Legislature prescribe a lien to vest in property to be acquired? All this legislation tends to encourage carelessness on the part of farmers along the line; and sometimes this results in throwing cars from the track, and the injury of innocent parties. The law should contemplate such carelessness as a criminal act, and as for the roads, legislation should respect only the police regulations for running them.
Mr. BINGHAM. If these roads will run-through our grounds, it should be done on our terms, and not on theirs, to the restriction of our privilege to allow stock to graze on the common.
Mr. CASON spoke farther against legislative encouragement to farmers to drive their page: 329[View Page 329] dead stock on the track, to be more completely killed, in order to get damages.
Mr. CAMERON demanded the previous question, and there was a second.
Mr. STOTSENBERG pro forma. There are two objectionable points. It gives unlimited jurisdiction to justices of the peace. It makes 'the execution of the judgment of a justice a lien on real estate.
The vote was reported-yeas 43, nays 32.
So the bill failed for want of a constitutional majority-51.
On motion by Mr. STOTSENBERG, the bill was recommitted to the Committee on the Judiciary, with instructions to report amendments, in accordance with the two points suggested before by him.
LAW OF EVIDENCE.
Mr. HEFFREN, from the Judiciary Committee, returned Mr. Speaker Allen's Evidence bill. [133] with an amendment, by way of new matter, providing that any competent person may testify in his own behalf, and compel the other party to testify; and the witness shall be regarded only as to his character for credibility. Insane persons, and husbands and wives and clergymen are not included. And there is a provision, that where a person is excluded on account of mixed blood, his opponent in the contest shall also be excluded.
The amendment was agreed to.
Mr. VEATCH suggested further amendments, in cases where a guardian is a party.
On motion by Mr. HEFFREN, the subject was made a special order for Monday, 3 o'clock P. M.
Mr. DAVIS submitted a preamble and resolution :
WHEREAS, the House agreed, at an early day of the session, to take 7,000 copies of the Governor's Message; and whereas, not more than 15 or 20 copies thereof have been furnished to each member; therefore
Resolved, That this House will not receive nor pay for any more copies of the Governor's Message which may be hereafter delivered.
Mr. HEFFREN. The copies ordered have all been printed and furnished, and paid for. The distribution here is another matter.
Mr. BUNDY made an ineffectual motion to lay the resolution on the table.
No quorum voting on its adoption, it was ordered to be laid over.
On motion by Mr. GRESHAM, his military bill [105] was taken up and made a special order for Tuesday, 10 o'clock.
Mr. SLOAN, from the Committee on Claims, returned Mr. Cameron's Peace Commissioners' pay bill, [305] without amendment; and it was ordered to be engrossed.
On the motion of Mr. CASON, Mr. Jones of Vermillion's 8th Circuit bill [51] was taken up and referred to a Select Committee.
Mr. BRETT submitted a resolution, which was adopted ; viz:
Resolved, That the Select Committee of Five, appointed under a resolution of the House to investigate the acts of the trustees of the Wabash and Erie Canal, and examine the canal office at Terre Haute, be authorized to sit, after the adjournment of the present session of the Legislature for a period not exceeding 20 days: and that the members of said Committee be allowed the same per diem as members of the Legislature---the same to be certified by the Chairman of the said Committee.
Mr. ROBERTS [by leave] introduced a bill [333] To establish the weight of mineral coal, mined without and sold within this State, and repealing all laws in conflict therewith. (80 lbs. to the bushel.)
Mr. VEATCH introduced a bill [334] To amend the act providing for the election of Trustees and Commissioners of the Benevolent Institutions of the State, approved March 5, 1859.
These bills were passed to the second reading.
The House then adjourned till Monday morning, 9 o'clock.
IN SENATE.
MONDAY, March 4, 1861.On motion by Mr. MURRAY the reading of Saturday's journal was dispensed with.
Mr. WILSON presented a petition from 716 citizens of Sullivan county in favor of the adjustment of our national difficulties upon the basis of the Crittenden proposition, or some equally fair and honorable basis; which was referred to the Committee on Federal Relations under the rule.
REPORTS FROM THE JUDICIARY COMMITTEE
Were made and concurred in as follows (except in one case named):
- By Mr. CLAYPOOL: returning Senator Miller's bill 103 -see page 159 of these Reports-recommending indefinite postponement.
- Also Senator White's bill 243-see page 279-recommending that it lie on the table for the reason that a bill has already passed the Senate embracing the same subject matter.
- By Mr. MARCH: returning the petition asking for an increase of property exempt from execution, recommending that it lie on the table, as there is a Senate bill on the third reading embracing the same subject. Also the bill S. 265, recommending passage.
- By Mr. MELLETT: returning Senator Dickinson's bill 168-see page 212-recommending that it lie on the table.
- [Mr. DICKINSON made an ineffectual motion to amend this report of the committee by recommending that the bill be put upon its passage.]
- By Mr. STUDABAKER: returning Senator O'Brien's bill 213-see page 249 of these Reports-recommending indefinite postponement. Also Senator Ferguson's 174-see page 212-recommending that it lie on the table.
- By Mr. MILLER: returning Senator Newcomb's bill 250, recommending passage. The report was rejected and the bill laid on the table. Also the bill H. R. 30 to amend section 78 of the practice act, recommending passage.
- By Mr. CONNER: returning the bill S. 268, recommending passage. Also the estates of absent person's bill H. R. 44, recommending passage with an amendment striking out "3" and inserting "7."
Mr. NEWCOMB presented a claim of W. R. Nofsinger, for services, while Treasurer of State in the year 1857-8, as treasurer ex-officio of the Institution of the Blind $200 00, and Deaf and Dumb $100 00; which was referred to the Committee on Claims.
NEW PROPOSITIONS.
Mr. JOHNSON introduced a bill [275] to amend an act authorizing a limit of allowance by courts, &c., approved May 27, 1852.
Mr. MURRAY introduced a bill,[276] to district the State of Indiana for the purpose page: 330[View Page 330] of electing members to the Congress of the U. S. of America.
Mr. MARCH offered the following, which was adopted by consent:
Resolved, That the Auditor of State be requested to report to the Senate, at the earliest moment possible, the amount of money expended each year by the board of colonization since its organization, and for what purpose; the number of persons that have been colonized; what amount of funds is now under the control of the Board, and whence derived.
Mr. HULL, from the Committee on Roads, returned Senator Carnahan's bill 122-see page 163 of these Reports-recommending passage with amendment.
Mr. CARNAHAN made an ineffectual motion to lay the bill on the table.
The committee report was concurred in.
On motion by Mr. NEWCOMB, his bill 250, reported from the Judiciary Committee this morning, was taken from the table. He thought the bill a just one, and that it ought to pass. All it asks is, that lawyers shall be placed on the same footing with other men.
Mr. CLAYPOOL. It is due to the citizens of I make it the special order for that hour. the State that this bill should pass.
Mr. MILLER was sorry to see a disposition manifested here as against the legal profession. There is certainly no reason why men in other avocations in life should put there feet upon the necks of attorneys.
Mr. MURRAY. If attorneys could be made responsible for the fees they collect, he would be willing to vote for this bill. Attorneys have the advantage, as the law now is, when they get fees in their possession.
Mr. WILLIAMS moved to concur with an amendment, viz : "The provisions of the above act shall apply only to judgments obtained, and to other business done, for non-residents of the State."
Mr. WAGNER. This bill ought to pass, but with it another proposition. He moved to recommit the bill with instructions to so amend as to give landlords a lien upon the tenants' crop to secure the rent.
Mr. CLAYPOOL would vote for either or both of these propositions-separately or together.
The motion to recommit was agreed to.
WORK FOK COMMITTEES.
The following bills were read the second time, and disposed of as recited.
- Senator Newcomb's 274, to the Committee on Organisation of Courts, and Senator March's 273, to the Judiciary Committee-both introduced Saturday.
- The bills H.R. 72, 82,159, 176,160, 186 were ordered engrossed.
- The bill H. R. 122 was referred to Senators Johnson, Conley, Wilson, Steele and Tarkington.
- H. R. 89 was referred to the Committee on Banks.
- H. R. 91 to the Committee on Corporations.
- H. R. 322 to the Judiciary Committee.
- H. R. 313 to the Committee on Federal Relations.
Mr. MELLETT, from the Committe on Finance returned Senator Shoemaker's bill 259 recommending that it lie on the table.
Mr. HAMILTON: From the Committee on Finance returned Senator Wilson's bill 196-see page 237-recommending passage.
These reports concurred in.
THE BREVIER LEGISLATIVE REPORTS.
Mr. Claypool, from the Committee on Finance , submitted a report, as follows:
Mr. President: The Committee on Finance to whom was referred a resolution of the Senate directing the Door-keeper of the Senate to contract with the Messrs. Drapier for the purchase of 600 copies of the "Brevier Legislative Reports," have considered the same and have directed me to report the same back to the Senate, [the resolution is printed on page 233 of these Reports], and recommend that said doorkeeper be instructed to contract for 600 copies of said reports,for the use of the Senators, at a cost not exceeding one dollar per copy, as specified in said resolution. Your committee take this occasion to say that said reports are not as full as they could desire. Said committee would further recommend that the Senate by law provide for the employment of a Reporter of its proceedings hereafter which shall be under the control and direction of the Senate.
Mr. WAGNER. As a matter of course there is no disposition to pass upon this matter until the Senate shall be fuller. I move to postpone it till this afternoon at 4 o'clock, and make it the special order for that hour.
The motion to postpone was agreed to.
Mr. March, from the Judiciary Committee, returned his appeal bill, 223-see page 267 of these Reports-recommending passage.
The report was concurred in.
Then, at (11 1/2) came the recess till 2 o'clock.
AFTERNOON SESSION.
The bill H. R. 161, which was passed Saturday morning, the vote reconsidered in the afternoon, that an emergency clause might be added, and the bill again placed on the files, was read the third time and finally passed by yeas 42, nays 2.
A message from the Governor announced his approval of the Senate bills, Mr. Cravens' 12, Mr. Line's 24, Mr. Turner's 29, and Mr. Wilson's 44.
The PRESIDENT announced the special order for this hour to be the consideration of the common school bill 217-described on page 249 of these Reports-which was read the third time.
Mr. MURRAY and Mr. WILLIAMS, by unanimous consent, made several immaterial amendments thereto.
On motion by Mr. NEWCOMB, and by unanimous consent, the section which makes the State Superintendent an ex-officio member of the Board of Trustees of the Institutions of the Deaf and Dumb and the Blind, was stricken out.
Mr. JOHNSON made an ineffectual motion-yeas 15, nays 29-to recommit the bill with instructions to strike out all that relates to a tax for township libraries.
Mr. MURRAY moved to recommit the bill with the following instructions:
To strike out the words "if practicable" ["the superintendent shall visit each county in the State at least once a year"]: and the words "his county shall be subject to a diminution of $100 in the next apportionment of said revenue by the superintendent,"on failure of any county page: 331[View Page 331] auditor to make his said semi-annual reports in time for said apportionments"] and the words "failure to make the required reports at the proper time, shall subject the county to a diminution of $50 of its apportionment of the common school revenue which shall be withheld by the superintendent when he makes the apportionment in April;" and the words "failure on the part of the trustees to make the aforesaid report at the time specified shall subject the township to a diminution of $25 of its next apportionment of the common school revenue, which shall be withheld by the auditor when he makes snch apportionment."
On motion by Mr. LINE-yeas 30, nays 16-this motion to recommit was laid on the table.
Mr. COBB moved to recommit the bill, with instructions to strike out all that relates to the duties of school examiners, except that which relates to the signing of certificates by teachers.
Mr. COBB. Our school system has been somewhat defective, and we ought, if possible, to remedy that defect. But while we do that, I submit we ought not to burden the bill with such a heavy expense as would follow, unless this amendment be adopted. This school examiner is authorized to do certain works by which he will be able to spend half his time in superintending the schools of the several counties; and while the benefits arising here from will amount to nothing, the expenses would be enormous, and would cripple the system.
Mr. CRAVEN. I think the bill should be corrected upon that point.
Mr. MILLER. The great defect in the system heretofore has been that there has been no medium of communication between the superintendent of public instruction and the subordinate school officers. * * * The bill provides for but one examiner who will perform all the duties that the three did under the old law, &c.
Mr. COBB withheld his motion for-
Mr. MILLER, who amended the bill, by unanimous consent, so as to limit the compensation of the examiner to $100; and Mr. MURRAY, who amended the bill, by consent, by striking out the words "if practicable," as he first proposed in his series of amendments above recited.
The motion to recommit was rejected.
Mr. ANTHONY made an ineffectual motion to amend the bill so as to provide in all incorporated towns and cities containing not less than. 10,000 inhabitants, there may be appointed an additional number of trustees, &c.
Mr. WOLFE moved to recommit the bill with instructions to amend so as to provide for the election of three trustees, for incorporated towns and cities.
On motion by Mr. CLAYPOOL-yeas 32, nays 11--- this motion was laid on the table.
Mr. CLAYPOOL demanded the previous question, and 27 Senators seconding the demand, the bill was finally passed by yeas 30, nays 16.
THE BREVIER LEGISLATIVE REPORTS.
The PRESIDENT announced the special order for 4 o'clock to be the consideration of a report from the Finance committee-printed in this forenoon's proceedings.
The report was read by the Secretary-
The PRESIDENT. What disposition will the Senate make of the report ?
Mr. MURRAY. I move to strike out all that refers to the employment of a Reporter.
Mr. CLAYPOOL. The report simply makes a suggestion with regard to that-there is nothing of that but a suggestion.
Mr. WAGNER. .This is simply a suggestion of the gentlemen making the report of the propriety of providing by law for a Reporter-there is nothing binding in that.
Mr. MURRAY. I withdraw my motion.
The PRESIDENT. There being no objection the report of the Committee is concurred in.
AID FOR THE SUFFERING IN KANSAS.
Mr. CONLEY, from the Committee on Finance, returned his resolution-see page 233 of these Reports-recommending that it be laid on the table, for the reason that the committee are of opinion, from information recently received, that sufficient aid has already been obtained.
Mr. WAGNER, from a Select Committee, returned the bill [H. R. 199], enabling county agricultural societies to hold real estate and issue capital stock, recommending passage.
INTEREST LAW.
Mr. STEELE from a Select Committee, returned the bill H. R. 84-see page 274 of these Reports-recommending passage.
Mr. MARCH. There were some amendments which went to the committee. I hold them in my hand, and I now move concurrence in the committee's report, with these amendments in their order. (He explained the effects of the amendments.) I should prefer, also, that the proposition of the Senator from Putnam (Mr. Johnson) be annexed to the bill, making it a criminal offence for any person to take more than ten per cent., and if the party take over ten per cent, it should be recovered back. I believe these amendments are absolutely necessary to carry out in good faith the object of the bill.
The Secretary read the first amendment:
Strike out all of the 5th section after the word "if," and insert "a greater rate of interest than $6 a year for $100 shall have been paid thereon, whether in advance or not, judgment shall be rendered only for the amount of the principle, deducting the excess of interest thus paid at the time paid."
Mr. STEELE. I take this bill to be a compromise between six per cent, and ten per cent. All restrictions with regard to the loan of money, don't amount to a "hill of beans," as is the common expression. The discretion is exclusively with the loaner, it is not with the lender. The bill has been matured well, and passed by an overwhelming majority in the House.
Mr. CARNAHAN. I am entirely opposed to this whole matter. Who is calling for a page: 332[View Page 332] change ? I have not seen a man in Indiana, unless he is a money-lender-a shaver. How long did a similar law to this remain on our I statute book ? Not longer than from one session to another. Why this eternal call for "change," "change"? This is a very bad time to make a change of this character. I move to indefinitely postpone the bill and pending amendments.
Mr. CLAYPOOL. This bill, if passed, will act to the injury of banks of deposit, and will redound to the interest of every private citizen who has money to loan. He objected to the amendment.
Mr. TARKINGTON. I am opposed to the general principles of the bill. I believe the true interests of our country demand a low rate of interest, and for that reason I shall vote for the amendment.
Mr. SLACK. Where is the State that has had a high rate of interest that has not returned to a lower rate ? I approbate the motion to postpone indefinitely.
Mr. WOLFE. I am opposed to the indefinite postponement of the bill, and in favor of the passage of the bill, with or without the amendment. I should not vote for any bill that would compel the payment of more than six per cent. Pass this law, and if the barrower feels able to pay more, and is willing, it is nobody's business but his; and should the case get into court the lender will get his six per cent., which would be his just due.
Mr. LANDERS. I am inclined to favor this bill from the fact that I believe it will tend to lower the rate of interest. Pass this law, and it will bring about a competition between the bankers and the farmers to some extent. It is not such a bill as I would draw up exactly, for I would prefer that no rate of interest be allowed above six per cent.
Mr. MURRAY demanded the previous question and there being a second, the motion to indefinitely postpone the amendment was rejected by yeas 21, nays 24.
The motion to indefinitely postpone the bill was also rejected by yeas 13, nays 34.
Mr. CLAYPOOL made an ineffectual motion-yeas 22, nays 34-to lay the amendment on the table.
The amendment was then agreed to.
Mr. WILLIAMS made an ineffectual motion to make this subject the special order for tomorrow morning at 10 o'clock.
Mr. MARCH moved further to amend as follows:
If the contract has been renewed or the security thereon changed once or more, in calculating the amount on the judgment, credit shall be given for the payments made whether in advance or not.
On motion by Mr. CLAYPOOL-yeas 24, nays 21-this amendment was laid on the table.
Mr. MELLETT moved that the bill be considered as engrossed and read the third time now.
An ineffectual motion was made to adjourn.
Mr. Mellett's motion was agreed to, and the bill was read the third time.
Mr. MELLETT demanded the previous question., and there was a second.
Mr. MARCH, (pro forma,) I am willing to vote for a fair bill on this subject, but won't, vote for a bill that holds out one thing and contemplates another.
The bill finally passed-yeas 30, nays 15.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
MONDAY, March 4, 1861.On motion of Mr. ATKISSON, his bill [90] was taken from the table and placed on the calendar.
PETITIONS AND MEMORIALS.
Mr. HOLCOMB presented the memorial of O. L. Lance and others, praying for legislation giving justices of the peace power, and making it their duty to inquire into all violations of law, &c.; which was referred to the Committee on Organizations of Courts.
He also presented a memorial for instructing the Peace Commissioners: which was referred to the Committee of Thirteen.
REPORTS FROM COMMITTEES.
Mr. RAGAN. from the Committee on Elections, reported Mr. Comb's credentials, heretofore reported as mislaid.
Mr. BUNDY, from the Committee on the Judiciary, returned a resolution for amendment of the Constitution, and reported thereupon a joint resolution [36] proposing to the next General Assembly, and if two-thirds concur, then to the people, to amend article 4, section 9, of the Constitution of the State of Indiana, so as to require annual sessions of of the General Assembly-commencing on Thursday after the first Monday in January of each year.
On motion of Mr. STOTSENBERG, the resolution was made the special order for Wednesday, 10 o'clock.
Mr. WOODHULL returned Mr. McLean's drugged-liquor felony bill [253], recommending indefinite postponement.
Also, Mr. Stotsenberg's salary bill [276], and Mr. Stotsenberg's assignment bill [278], recommending indefinite postponement: which reports were severally concurred in.
Mr. GROVER, from the Committee on Education, returned Mr. Veatch's normal school bill [292], with a motion to lay it on the table the establishment of such a school being inexpedient at this time, owing to the condition of the treasury: which report was concurred in.
Mr. MOODY, from the Committee on Swamp Lands, returned Mr. Cooprider's bill [204], with an amendment, striking out all after the enacting clause and inserting new matter, providing that the county commissioners, on the petition of a majority of the legal voters residing in the township, where said ditch or page: 333[View Page 333] ditches may be situated, and on newspaper or other notice of 20 days before their session at which time said petition is to be heard, shall have power, if the said board shall be satisfied that the public good requires it, to declare such ditch, &c., a public highway : and the supervisor shall keep it open as other public highways.
The report was laid on the table-Mr. Cooprider being absent.
THOMAS HALBERT.
Mr. ATKISSON, from a majority of the Committee on Claims, returned the petitions, &c., for the relief of Thomas Halbert, treasurer of Martin county, from the repayment of $23,000 taken by burglars from the county safe on the 12th of last December, reporting a resolution discharging him, &c.
Mr. SLOAN (with Mr. Boydston), the minority of said committee, reported that the discharge of said Halbert would be not only a violation of the act providing for the safe keeping and disbursement of the public funds, but it would establish a precedent dangerous to the security of the public funds in every department of the government-all public officers having already assumed for themselves and their securities all the responsibilities pertaining to the acceptance of said offices.
Mr. PARRETT. To concur in the majority report would be doing what is absolutely wrong. So long as a single man in Martin county remonstrates against that thing, we have no right to pass this joint resolution. &c.
Mr. DOBBINS. There was little danger in a precedent established, where there is proof of innocence and honesty. In the session of 1855, a bill was passed for the release of the treasurer of Lake county from the repayment of $3,000, &c.
Mr. BLACK. Mr. Halbert was keeping the fund in the place where he was directed by the Board of Commissioners to deposit, &c.
Mr. SLOAN supposed Mr. Halbert was innocent in the case, but there had been no evidence except the petition and remonstrance before the committee in regard to that.
Mr. DAVIS should vote for discharge. He did not care for precedents where the right was clear.
Mr. PACKARD supported the majority report.
Mr. GROVER said $1,014 50 of this money belonged to the school fund, besides other items. For this reason he objected to the release of Mr. Halbert.
Mr. CAMERON demanded the previous question, and the majority report was rejected-yeas 19, nays 54.Mr. SLOAN returned the claim of Clark Devoll and Nelson Fordyce for $499 99, recommending that it be paid out of the Boone county swamp land fund.
Mr. CASON. This claim was filed here simply that there might be a proper voucher placed in the hands of the accounting officer-the original voucher having being lost. He knew personally that this claim is just. On his motion, the report was recommitted, with instructions to report a joint resolution allowing the claim.
Mr. DOBBINS, returned the claim of N. Cunningham for one and a fourth per cent, for receiving and disbursing the swampland fund from the 9th of February, 1859, to the 9th of February, 1861, recommending its allowance, as heretofore, and that it be referred to the Committee on Ways and Means.
Mr. SLOAN submitted a minority report, admitting the precedent, but by reference to the act of March 5, 1859, they find that the first section provides that the Treasurer of State shall receive $3,000 for his services; and in another section, it is provided that he shall receive no other compensation whatever.
On the motion of Mr. CAMERON, the minority was substituted for the majority report, and then it was concurred in.
Mr. WELLS, from the Committee on Roads, returned Mr. Bundy's bill [321], with the amendments proposed thereto, recommending that they be laid on the table.
Mr. ORR returned the remonstrance against the passage of the Fish bill, recommending that it be laid on the table.
Which reports were concurred in.
Mr. HOLCOMB returned the resolution for amendment of the law for the election of Supervisors, so as to require them to give bond and security, and thereupon reported a bill [335] to amend the 5th section of the act of March 5, 1859, providing for the election or appointment of supervisors, &c.. which was passed to the second reading.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Woods' bill [212] to amend sections 123, 136, and repeal sections 138, 139. 140 of the assessment act, recommending its passage. [It authorizes the county auditor to send to the Treasurer of State an abstract, instead of a copy of the delinquent list; and it provides, also, that the delinquent taxes shall be paid into the State Treasury.] It was ordered to be engrossed.
Mr. THOMPSON, from a majority of the Committee on Agriculture, returned Mr. Fisher's bill [117] appropriating $4,000 a year for 1861 and 1862 in addition to the $1,000 a year to the State Board of Agriculture, recommending its passage.
Mr. MOORMAN submitted a minority report, recommending that the bill be indefinitely postponed.
Mr. CAMERON moved to substitute the minority report for the majority report.
Mr. FISHER showed the necessity and advantage of this appropriation. The Board was $9,000 in debt.
Mr. GRESHAM supported the bill.
Mr. CAMERON and Mr. JENKINSON opposed.
Mr. NEBEKER demanded the previous page: 334[View Page 334] question, and under its force the minority report was adopted-yeas 50, nays 25 : so the bill was indefinitely postponed.
Mr. CAMERON, from the Committee on Benevolent Institutions, submitted a report in writing on the condition of the various Benevolent Institutions of the State, commending both their financial management, and the present law regulating them.
On motion by Mr. ANDERSON, the report was referred to the Committee on Ways and Means.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Stotsenberg's City Corporation bill [265] recommending that it be laid on the table. He explained that the object of the bill was to go back to the provision of the act of 1857, which was amended at the last session. It was to return to this: " Provided that territory of five hundred acres and upward, belonging to one individual, and used for gardening or agricultural purposes, shall not be annexed without the consent of the owner or owners thereof."
Mr. KENDRICK was against the report Because a man owned enough ground to make a corn-field or a clover-field, was he to be exempted from city taxation? We wanted to tax men in cities in proportion to the amount they own.
The report, was concurred in, and the bill laid on the table : yeas 41, nays 23.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Campbell's University bill [320], with an amendment, striking out"William T. Otto," and inserting "Joseph H. Defrees, of Elkhart county."
Mr. GROVER believed this bill provides for the Board being self-perpetuating. He wished to avoid the scramble as between religious denominations for the control of this institution ; and believing that the present law operated satisfactorily, he moved to lay the bill and amendment on the table.
The motion was agreed to.
ASYLUM FOR INEBRIATES.
Mr. BUNDY, from the Select Committee thereon, returned Mr. Veatch's bill [198] for the erection of an asylum for Inebriates, with an amendment, striking out from the first section all after the enacting clause, and inserting these words:"
That so much of the moneys arising from licenses for the sale of spirituous and intoxicating liquors, as may be necessary for the purpose, are hereby set apart and specially appropiated for the purpose of building and conducting an asylum for inebriates."
Mr. B. supported this proposition. There were $60,000 yearly collected in this State for liquor licenses.
On motion by Mr. GRESHAM, the subject, was laid on the table.
COMMON SCHOOLS.
Mr. VEATCH, from the Committee on Education, [by unanimous consent,] returned the common school bill [61], with two points of amendment, viz.:
1st. To amend section 46, so as to allow the County School Examiner a fee of one dollar for each teacher, and fifty cents for each female teacher examined for license, and be paid by the applicant; and that for all other services he shall be allowed by the County Board a sum not exceeding $100 a year.
2d. Amend the bill as to salary of the State Superintendent, so as to make it the same as now allowed by law; and to allow him for clerk hire a sum not exceeding $800 a year.
Mr. V said this proposition would not make a difference of ten dollars above the expense of fees now paid to the county auditors. He asked for the sense of the House on these two points.
Mr. RAGAN offered various considerations in favor of their adoption.
Mr. PROSSER saw in this an annual expense of $9,200 of the school fund.
Mr. HEFFREN. Sir, it is a strange thing, that a question of dollars and cents is to take the place and be weighed as against the learning and intelligence of the youth of the State. Sir, the State of Indiana has been sunk down on the scale of States under the census report ten years. How often have we been told, that there were severity thousand persons in this State that could not read and write-that these seventy thousand when called upon to sign a note, bond, or whatsoever, were obliged to pick up the pen and. make their mark. How long shall we pursue this policy which has brought shame and reproach upon our State?
Mr. PACKARD demanded the previous question, and under its operation the first amendment was adopted-Mr. Smith of Bartholomew asking to be excused from voting, because of his fixed opposition to creating more salaried officers.
The vote stood-yeas 63, nays 15.
AFTERNOON SESSION.
The question on the second proposition to amend the school bill, reported from the Committee on Education, viz.: that respecting the salaries in the Superintendent's office, was decided in the affirmative, yeas 59, nays 22: so the proposition was agreed to.
Mr. STOTSENBERG proposed to amend by inserting appropriately' "But nothing herein contained shall be so construed as to hinder the people or the corpoaate authorities of any town or city from electing more than one school trustee, according to the provisions of the ordinances thereof; and said trustees shall be governed in all respects by the provisions of this act:" which was agreed to.
On motion by Mr. VEATCH, the bill was now recommitted.
On motion by Mr. BRANHAM, the Senate's amendment to the treasury system bill [161J adding the emergency clause, was taken up and concurred in.
page: 335[View Page 335]Mr. BRANHAM, from the Committee on Ways and Means reported a bill [336] making general appropriations for the years 1861 and 1862.
Mr. KITCHEN : [337] to amend section 1 of the act to regulate the mileage of sheriffs in conveying convicts to the penitentiary, and of country treasurers in making their deposits and settlements, and of the members of the General Assembly.
Mr. LEE submitted an order to withdraw from the Senate Mr. Jones of Vermillion's bill [122] for amendment.
Mr. JONES, of Vermillion, opposed the order.
Mr. McLEAN insisted that the House could not have understood the character of the bill. The law of 1859 reduced the Common Pleas districts from 60 to 20-the judges to be paid by the committees with an average of five counties to a district, and he alleged that this bill proposed to throw an undue burden on the counties of Vigo and Sullivan.
Mr. HEFFREN opposed.
The order was rejected.
SWAMP LAND FUNDS.
The SPEAKER announced the special order, the consideration of the joint resolution for a joint committee to investigate the swamp land funds, reported last Thursday night.
Mr. MOODY would ask again for the respectful attention of the House to the importance of ordering the proposed investigation. He lived in a county particularly interested in this matter, whose people had been seriously injured by negligences and frauds upon the swamp land funds. There thousands of acres that might have been brought up to cultivation, were still useless because of these things. It would not have required more than what the lands would have commanded, at a fair sale, to have done it. &c. Not to order this investigation, would be to say to all men interested, as these commissioners have been, "go on and commit all the frauds and peculations you please on the lands which the State owns; and if you succeed, though there may be a question as to any recovery, we will say nothing about it; we will make no investigation; we will not attempt to bring any of you to justice, &c.
Mr. HEFFREN proposed to amend by inserting these words in the proper place : "And they shall have power to attach and punish for contempt on the part of witnesses, and others, and compel their attendance before the Committee; and be empowered to do all that this House might do for the purposes mentioned."He supported it with a speech.
Mr. PACKARD would not stand below any man in earnestness for this investigation, but he did not approve the method proposed. He should think the Attorney-the man elected to conserve the legal interests of the State was the proper man for this service. It would save two thirds the expense. The matter-would have to go into his hands to prosecute at last.
Mr. WOODHULL intimated that if the Swamp Land Committee had been diligent this business might have been in a better state of forwardness. That every dime expended for the recovery of this kind, would cost the State at least a shilling, &c.
Mr. DOBBINS defended the committee. Part of the object was to investigate in the several counties, with'reference to the idea of recovering lands for the school fund which have been fraudulently conveyed. Certainly, most enormous frauds had been committed.
Mr. JENKINSON wanted this committee appointed, and a full and fair investigation. If it did not no more than pay the expenses of the investigation, it, might prevent robberies for the future.
Mr. FRASIER suggested the magnitude of the expense of this examination if it had been attempted, as Mr. Woodhull suggested, in this city. He said it was not to be supposed that the Attorney General could do the work. It was simply preposterous.
Mr. BRETT was a member of the Swamp Land Committee. He knew of but two meetings of the committee. The proposition was broached at the first meeting. He also thought the committee might have acted with more efficiency, and presented matter for action before this time.
Mr. SMITH of Bartholomew, concurred with Mr. Woodhull, that every dime recovered for this fund would cost 15 cents. He was opposed generally to investigating committees.
Mr. STOTSENBERG also agreed with Mr. Woodhull. These committees were made generally for buncumbe. He referred to the case of the late investigations of the agent of State, the report of which was not printed and remained useless ; and the swamp lands report also, which had been printed, but which gentlemen overlooked in their eagerness to make more reports. He submitted that these matters were not availed of here. The swamp land committee had not availed themselves of important recommendations proposed in the report of two years ago.
Mr. BUNDY proposed to add, "provided that no money shall be drawn from the treasury for the purposes of payment of the expenses of this investigation; but these expenses shall be chargeable wholly to the swamp land fund, and be made payable out of no other fund:" which he supported in speech.
The SPEAKER ruled it out of order.
Mr. BLACK. Has any fraud been committed since the last report?
Mr. MOODY could not answer. He defended the swamp land committee more at length. He was unwilling to make any investigation that should not be thorough. He would accept the proposition of Mr. Bundy, but the constitution provided how the swamp land fund should be applied.
page: 336[View Page 336]Mr. BRANHAM. A little over $300,000 had been drawn on account of swamp lauds. Then was now in abeyance land enough to pay for one hundred such investigations. But the would not stop on account of cost for one moment. It was a principle that actuated him. He would state that two members of the committee to examine the office of the agent of State, paid their own expenses to New York and back. All the expense of that investigation was about $1,500, which the clerk got Their report shows the necessity of the investigation. It was too voluminous to print, but it was open for inspection, and would be used to trace discrepancies to important results.
Mr. ATKISSON opposed investigating committees generally, and complained of the inaction of the standing committee.
Under the restraint of the previous question,
Mr. PACKARD (pro forma) desired to have had an opportunity to limit the time of the committee, and to provide that no member of the standing committee shall serve on the join select committee.
Mr. BRETT and Mr. RANDALL. There had been nothing before this committee to satisfy them of the necessity for this investigation.
Mr. BRYANT defended the committee from the general charge of lack of diligence. He should vote for the investigation, not expecting it to result in any pecuniary advantage to the State.
The vote was reported-yeas 65, nays 22, as follows:
YEAS-Messrs. Boydston, Branham, Brucker, Bryan, Burgess, Cameron, Cason, Collins of Whitley, Crain, Dashiel, Davis, Dobbins, Epperson, Erwin, Feagler, Ferguson, Fisher, Fordyce, Fraley, Frasier, Gore, Gresham, Grover, Hall, Haworth, Heffren, Henricks, Hopkins, Horton, Hudson, Hurd, Jenkinson, Jones of Tippecanoe, Jones of Vermillion, Jones of Wayne, Kendrick, Kitchen, Lee, Lightner, McLean, Moody, Moorman, Moss, Nebeker, Newman, Parrett, Pitts, Prosser, Prow, Robbins, Roberts, Sherman, Sloan, Stevenson, Stotsenberg, Thomas, Thompson, Turner, Underwood, Veatch, Wells, Williams, Wilson, Woods, and Mr. Speaker65.
NAYS-Messrs. Anderson, Atkisson, Black, Brett, Bundy, Campbell, Combs, Fleming, Ford, Hayes, Holcomb, Howard, Lods, Lane, Orr, Packard, Polk, Eandall, Smith of Bartholomew, Trier, Warrum and Woodhull22.
So the joint resolution was passed the House of Representatives.
LAW OF EVIDENCE.
Mr. Speaker Allen's evidence bill coming tip, as the special order-
Mr. VEATCH proposed to amend, by inserting after a similar provision applying to "husband and wife, clergymen, attorneys," these words: "Physicians as to any matter confided to them in the course of the duties of their profession;" which was adopted.
He also proposed: "And provided further, that in all cases where an executor, administrator, guardian or ward, where judgments may be rendered, so far as such estates are represented, neither party shall be allowed to testify as a witness, unless required by the opposite party or by the court, or unless the case arise upon contract by the administrator or guardian of said estate; which was also adopted.
The bill being now considered as engrossed.
Mr. FRASIER and Mr. FISHER should vote against it, thinking the door was already opened wide enough for the encouragement of perjury in our courts.
Mr. BUNDY was satisfied that the bill was right in every particular. It was in conformity with the wishes of the people as well as the principles of law. It was gaining favor with courts and people wherever it had been adopted.
Mr. Speaker ALLEN (Mr. Branham in the chair.) The law now allows the plaintiff to swear his cause through, whilst the defendant is denied the same right to appear in his case. He had confidence in the general honesty of men. Facts in litigation could be best ascertained by both parties coming into court-better generally than in the more circuitous mode of witnesses. Wherever this has been tried-and it has been extensively tried-it has given general satisfaction. It was a popular law-the best example of popular sovereignty.
Mr. CRAIN defended the bill from the objection that it would open the door to perjury, &c.
Mr. DOBBINS proposed to amend, by adding by unanimous consent: "Provided that nothing herein shall be so construed as to repeal the act of 1853 excluding persons of mixed blood from testifying," &c.
Mr. GRESHAM and Mr. Speaker ALLEN further explained and supported the bill.
Mr. VEATCH asked and obtained unanimous consent to add, after the matter about confidential communications, these words: "Unless by the consent of the party making :he communication."
Mr. CAMERON demanded the previous question, and thus the bill passed the final reading in the House-yeas 74, nays 12-with the title: "An Act in relation to Witnesses,. and to amend section 238 of article 13 of the Practice act; and to repeal all laws inconsistent therewith; and providing when the same shall take effect and be in force."
On motion by Mr. NEBEKER, the House took up from its place in calendar the similar bill from the Senate, [No. 5,] and laid it on he table-Mr. N. saying, if the Senate should fail to pass the House bill, he desired to be able to call up their bill at any time.
Mr. Thomas' resolution to change the number of the sessions to three commencing at 8 o'clock, 2 o'clock and 7 o'clock, coming up-
On motion by Mr. HEFFREN, it was amenned by striking out "eight" and inserting nine."
Mr. STOTSENBERG spoke generally against overworking and night sessions.
Mr. BUNDY moved to lay the resolution and amendment on the table; which was agreed to.
page: 337[View Page 337]Mr. HOLCOMB submitted a resolution to adjourn the session sine die on Monday, the 11th, at 12 o'clock M.; which was laid on the table.
Mr. BRETT submitted a preamble and resolution, directing the Committee of Ways and Means to refund the money furnished by the friends of the inmates of the Lunatic Asylum, to supply the lack of appropriation by the General Assembly of 1859 to keep up the Institution. He said Dr. Athon. could furnish the information without any trouble.
It was referred to the Committee on Benevolent Institutions.
Mr. NEWMAN. (by consent) from the Committee on the Organization of Courts, returned the 3d, 5th and 6th Circuit Court bill, [241] reported by Mr. Black, with a motion that it be laid on the table; which was concurred in.
Mr. FISHER obtained leave to introduce a bill [338] to provide for taxing the Bank of the State of Indiana for common school purposes. ["Consent."] It was passed to the second reading.
Mr. SHERMAN: [339] Making an appropriation for the purpose of carrying on the work on the Northern Prison; providing the means of completing the same, and prescribing the powers and duties of the Directors thereof.
On motion by Mr. SHERMAN, (under a dispensation) it was read twice; and then referred, by consent, to the Committee on Ways and Means.
Mr. CASON: [340] To amend the act defining a felony and prescribing punishment therefor; which was passed to the second reading.
Mr. VEATCH, from the Committee on the Judiciary, returned Mr. Woods' Calumet Dam bill, with an amendment: "That no such warrant shall be drawn till a detailed statement of the cost shall be filed with the Auditor and certified by the Governor;" which was adopted.
Mr. STOTSENBERG moved further to amend the bill, by striking out "$2,000," [cost of suit] and insert in lieu "$3000."
The House adjourned.
IN SENATE.
TUESDAY, March 5, 1861.On motion by Mr. MURRAY, the reading of yesterday's journal was dispensed with.
PETITIONS, MEMORIALS, &C.
By Mr. DEHART : In behalf of citizens of Cass county, raying an adjustment of our national difficulties upon the basis set forth in President Lincoln's Inaugural Address.
By Mr. WILLIAMS :From 70 citizens of Knox county, without respect to party, praying for an adjustment of our national troubles upon the basis of the Crittenden amendments, or some other basis equally fair and honorable.
Which were referred to the Committee on Federal Relations under the Rules.
By Mr. RAY: From the late Attorney General, objecting to some words in debate having a personal reflection upon him: which was laid upon the table, and ordered not to be spread upon the journals.
By Mr. GRUBB: Praying the Legislature to make a liberal appropriation in aid of the suffering in Kansas; which was referred to the Committee on Finance.
On motion by Mr. WAGNER, the Senate proceeded to the consideration of Senate bills on the last reading.
Senator O'Brien's bill 85-see page 104 of these Reports-was read, (he said the only object of the bill is to legalize assessment lists where they are not returned in the time prescribed by law) and finally passed by yeas 37, nays 1.
Senator Cobb's bill 119-see page 163-was read, (he said there was but one change in the present law made, viz: striking out the word "incorporated") and finally passed by yeas 40, nays 1.
Senator March's bill 111 was read.
Mr. MARCH. I desire only to say that this bill was introduced at the request of those who have the University in charge. It is an amendment to the 23d section of a law passed at the last session Of the Legislature. The bill authorizes the appropriation of $20,000 of the fund arising from the sale of University lands for the payment of its debts. The University is in debt nearly that much, the interest is becoming due, and is harrassing and obstructing the operation of the institution; so that it is thought best to pay off the debt at once.
The bill finally passed-yeas 42, nays 0.
Senator Beeson's bill 169-described on page 212 of these Reports-was read the third time.
Mr. BEESON. This bill simply alters the old law incorporating companies for manufacturing purposes, by giving them the power to increase their capital stock.
Mr. CRAVEN, by unanimous consent, amended the bill by a provision authorizing the consolidation of certain offices of said companies, &c.
The bill finally passed: yeas 38, nays 1.
The Committee on Roads' bill 129-described on page 184 of these Reports-was read the third time.
Mr. WHITE. This bill is certainly proposing to amend a law that has been repealed. I have a bill on the files which ean be amended so as to cover the object of this bill, and I move to lay this bill on the table.
The motion was agreed to.
Senator Culver's bill 108 was read the third time.
Mr. CULVER. This bill proposes that a certain number of property holders may petition county commissioners to organize turnpike companies. If the county commissioners deem the road of public utility, they may grant the petitioners power to organize a company. It takes a majority of the property holders within three quarters of a mile on each side of the road, with the consent of the county commissioners, who shall appoint an assessor who shall assess the cost of the road. It provides that the road after a certain length of time shall be free, thus avoiding any constitutional objection. I think the law proposed page: 338[View Page 338] by the bill is a good one. It does not tax any property inside of any incorporated town or village.
The bill finally passed : yeas 26, nays 13.
Senator Newcomb's bill 144-see page 185 of these Reports-was read.
Mr. CLAYPOOL, by consent, amended the bill, by providing that all lands owned by any county for a poorhouse be situate in the county owning the same.
Mr. JOHNSON made an ineffectual motion to recommit the bill, with instructions to amend as follows:
Section -. Every building used for the purpose of raising a family, in compliance with the commands of Heaven, that man should be fruitful and multiply and replenish the earth, and the land whereon such building may be situate, not exceeding 160 acres.
Mr. MILLER. A bill has passed the Senate amending this same section, in which the amount of land exempt to manual labor-schools was 160 acres. This bill leaves it as in the present law, 320 acres. I move to amend this bill in that particular, that it may not repeal my bill which has already passed.
No objection being made, the bill was amended, and then finally passed, by yeas 27, nays 16.Senator Conner's 187see page 233was read and finally passed by yeas 37, nays 2.
The Judiciary Committee's bill 166-see page 212 of these Reports-was read the third time.
Mr. CLAYPOOL moved to recommit the bill with instructions, viz.: "if he be a married man, save and except his household goods to the amount of $300." Unless this amendment be adopted, the bill would be as inhuman as imprisonment for debt.
Mr. MILLER thought the bill good enough as it is, and objected to the amendment.
The motion to recommit was agreed to.
Senator Anthonys' bill 146-described on page 185 of these Reports-was read.
Mr. ANTHONY. This bill can be explained in a few words. It is to prevent hangers on about, court-houses to be eternally put upon juries. If they have served upon a jury within the past year, it makes that a good ground for challenge.
Mr. WOLFE thought the law would operate badly.
The bill finally passed: yeas 27, nays 12. .Senator March's bill [206] to amend section 99 of the Practice act, was read the third time.
Mr. MARCH. The Supreme Court have recently decided that unless the court act upon a motion to correct judgment within one year it cannot be acted upon at all. The object of this amendment is that if this proceeding is applied for within the year, then the court can act at any time when it comes in order upon the docket.
The bill finally passed: yeas 38, nays 0.
Senator Bearss' [214] to raise the salary of common pleas judge from $1,000 to $1,200, was read the third time, and on motion by Mr. MURRAY-yeas 27, nays 11-laid on the table.
On motion by Mr. LINE, the bill S. 210, appropriating $500 annually in aid of the Indiana Historical Society was read.
Mr. LINE. Minnesota appropriates annually $1,000, Iowa $500, and it does seem to me Indiana can be as liberal as they.
Mr. RAY. The bankrupt condition of those States is a poor commentary upon their liberality. This Historical Society is a mere sinecure to support one or two literary gentlemen to enable them to get along without much exertion mentally or physically. He should have to vote against the bill.
Mr. HAMILTON was in favor of the passage of the bill.
Mr. CARNAHAN had visited the rooms of this association since the subject was last before the Senate; was gratified at what he saw, and thought he should now vote for the pass- age of this bill.
Mr. MARCH, in a matter of this kind, was willing to follow the venerable gentleman from Posey, (Mr. Carnahan.)The bill finally passed; yeas 26, nays 12.
On motion by Mr. MARCH, his bill 245, for the relief of Joseph Moore, was read and finally passed by yeas 39, nays 0.
On motion by Mr. WHITE, his bill 193-described on page 237 of these Reports-was taken up and read the third time, and finally passed by yeas 37, nays 1.
THE END OF THE SESSION-LEGALLY.
Mr. CONLEY offered the following:
Resolved, That the Committee on the Judiciary be requested to report to this General Assembly, at an early day, their opinion as to the length of time that this Legislature may legally and constitutionally pass bills and present them to the Governor for his signature.
Which was adopted by consent.
THE BREVIER LEGISLATIVE REPORTS.
Mr. LINE offered the following:
Resolved, That the number of copies of the BREVIER LEGISLATIVE REPORTS which the Senate has agreed to take, shall be held subject to the written directions of each Senator, without any additional expense of the publishers.
Which was adopted, nem. con.
Senator Conley's bill 55, appropating $30 to each Senator and Representative of future legislatures for the purpose of furnishing newspapers, stationary and postage was finally passed by yeas 33, nays 8.Senator Bearss' 233-see page 272 of these reports-was read the third time and finally passed by yeas 29, nays 6.
Mr. MILLER, from the Judiciary Committee, returned the bill H. R. 64-see page 71 of these reports-recommending passage with amendment.
Mr. DEHART, from the Judiciary Committee, returned a resolution of inquiry concerning a law fixing a uniform price for publishing the delinquent tax list, with a report recommending the passage of Senator Bearss 8 bill 233 just passed.
