tween the 5th and 15th of February, and that he will communicate and let us know the certain time soon.
RESOLUTIONS.
Mr. STOTSENBERG submitted a resolution, which was adopted, directing the Committee on Ways and Means to inquire into the expediency of providing some compensation to justices of the Peace for services on the trial Of criminal causes.
Mr. COLLINS, of Adams: directing the Committee on County and Township Business, to inquire into the expediency of expanding the road tax in the district where collected.
Mr. FISHER: that the Committee on Agriculture inquire into the expediency of requiring the keepers of stallions to procure a license; the money so received to be for the benefit of Agricultural Societies.
Mr. McLEAN : directing the Committee on Canals to inquire into the expediency of reducing the salary of the Canal Commissioner.
Mr. PROSSER: requesting the Committee on County and Township Business to inquire into the expediency of remodeling the assessors' net so as to require the township assessors to meet the treasurer at a given time, and receive their lists.
Mr. UNDERWOOD : that the Committee on County and Township Business inquire into the expediency of providing that all moneys coming into the hands of supervisors for Road purposes, shall be expanded by selling out the work to the lowest bidder.
Mr. RANDALL: that the Committee on Education inquire into the expediency of so amending the laws as to make the school districts bodies corporate, and take the management of the schools out of the hands of the township trustees.
Mr. ROBERTS: that the Committee on County and Township Business inquire into the expediency of requiring the county surveyors to re-survey the original section lines, and re-establish the original monuments; and if they deem it expedient, report a bill limiting the time for such surveys to four years.
Mr. WELLS : that the Committee on the Organization of Courts inquire into the expediency of making it the duty of justices of the peace to hear evidence and try suits in the absence of the plaintiff.
Mr. POLK : that the Committee on the Judiciary inquire and inform the House whether a law requiring a specified period of residence in the townships, in order to constitute a voter, would be constitutional.
Mr. WILLIAMS: That the Committee on County and Township Business inquire into the expediency of amending the law relative to the construction of bridges over streams-dividing counties so as to make the charges just and equal to both counties.
Mr. POLK submitted a joint resolution,[22j for amendment of the second section of the second article of the Constitution so as to require of white male citizens a residence of six months in the State and sixty days in the township, and of every man of foreign birth, a declaration and one year in the State and sixty days in the township to entitle him to vote, which was referred to the Committee on the Judiciary.
Mr. MOODY submitted, a joint resolution [23] directing the Auditor and Secretary of State to distribute all journals, acts, reports and documents to the new county of Newton and all other new counties, which was passed the House of Representatives.
NEW BILLS.
By Mr. McLEAN : [94] Touching the salaries of common pleas judges, and apportioning the payment of the same among the various counties of the State.
By Mr. HURD: [95] Nor the protection of ' the people against the incompetency of pretended physicians and surgeons,the establishment of a board' of examiners prescribing their duties, &c.
By Mr. ATKISSON: [96] To repeal sections 2, 3, 4, and 5, of the act regulating the working of highways on county lines,' approved March 3, 1859.
By Mr. HENRICKS: [97] To amend sections 6 and 7 of the act regulating the granting of decrees of divorcement, approved March ]3, 1852, and repeal all laws in conflict therewith.
By Mr. ATKISSON: [98] To amend section 3 of act requiring the surviving partner to file an inventory and appraisement of the effects of the firm in the court of common pleas, and also a list of the liabilities, approved March 5, 1859.
By Mr. BRUCKER: [99] To amend the page: 100[View Page 100] act providing for the safe-keeping of the public moneys.
By Mr. BLACK: [100] To authorize township trustees to sign certificates of purchases of saline lands which were purchased with school funds by the inhabitants of school districts for school house sites.
By Mr. JONES, of Tippecanoe: [101] To repeal two sections of the act extending the terms of the circuit courts by adjournment, approved Februry 12, 1855, to authorize courts to hold special terms, and to fix the compensation of Judges and prosecutors, approved December 24, 1858.
Which were severally passed to the second reading.
WORK FOR COMMITTEES.
Mr. Heffren's bill [56] to dispense with the Agent of State, was considered on the second reading, and referred to the Committee on the Judiciary.
Mr. Well's bill [57] to amend the act of March 8, 1853, for the relocation of county seats, coming up-
Mr. MOODY proposed to amend, by inserting appropriately these words: "The number of legal voters in said county shall be taken and held the same as those polled at the last Congressional election.
Mr. Cameron's bill [58] to repeal the act to amend section 42 of the act to establish a Court of Common Pleas, approved may 14, 1853, so as to regulate the docketing and disposal of business therein, approved March ,5 1859, was considered and referred to the Committee or Organization of Courts.
STOCK KILLED BY RAILROADS.
Mr. Dobbins's bill [60] providing for a deposit of bonds and securities as a lien for stock killed by railroads, coming up-
Mr. DOBBINS proposed to amend, by adding a section, to the effect, that it shall be the duty of the auditor of the county with whom said securities shall be deposited, to make a record thereof, and forward a certified copy of such record to the auditors of all the counties of the State through which said road passes.
Mr. D. said he was accused of making war on the railroads. That was not his object in this bill. But he thought the railroads ought to be willing for a law to be enacted to compel them to pay for violations of the rights of property. The people of his county had been imposed upon by them, and they only suspended the expression of their indignation, waiting for the action of this Legislature. He and his people would be perfectly willing to take two-thirds of the value of the property so destroyed, if the roads would pay it. He did not mean to make war on the railroads, but simply to protect private property. He moved that it be referred to the Committee on Rights and Privileges.
Mr. STOTSENBERG proposed to strike out the words "Ohio and Mississippi Railroad,'"and insert "all railroad companies having no office in this State."
Mr. DOBBINS. It includes that, and mentions the Ohio and Mississippi railroad, because required to deposit in the county of Knox.
The bill and proposed amendment were referred to the Committee on Rights and Privileges.
Mr. ORR'S bill, [61] defining a school district voter, was considered referred to the Committee on the Judiciary.
BANK OF THE STATE.
Mr. Veatch's bill [62] for five additional bank districts, coming up-
Mr. VEATCH moved that it be referred to the Committee on Banks.
Mr. SMITH, of Bartholomew, moved to lay it on the table, but withdrew for-
Mr. STOTSENBERG. He proposed to amend Mr. Veatch's motion by adding instruction to the Committee to add to the bill a provision to this effect: "The privilege to establish such additional branches is granted only with the following conditions; that the Presidents and Directors of the Bank of the State and branches shall consent to the repeal of that part of the 15th section of their charter which provides that the capital stock of the bank shall not be taxable for municipal purposes." He hoped, before this action for the establishment of new branches was taken, that we would compel the banks to give back a part of the sovereignty a former Legislature had given to them. By the 15th section of their charter, which was passed over the Governor's veto, it was provided that their capital stock should never be taxed for mucicipal purposes. He did not believe the people of the State desired to have these additional branches established in any city or town, invested as they would be with the incident of a sovereign exemption from taxation. He proposed that these directors should give up this unequal exemption before we give them any new privileges.
Mr. NEBEKER did not like the imperative style of the instructions. The bank did not ask further instructions-only the people wanted them.
Mr. BUNDY. The Bank did not want this power, but perhaps they might use it in future. He had understood distinctly that they did not want it, and were not asking for it. It was not a bank measure. It was a measure of the inhabitants of certain localities wanting bank facilities.
Mr. VEATCH. If the gentleman would look over the map of the State, where the present twenty branches of the State are located, he would see that along the river border there was a strip of 200 miles, and more than 70 miles wide, where there was not a single branch; whilst in the North part of the State they were located within a day's walk, almost within a stone's throw of each other. In the page: 101[View Page 101] gentleman's own district there were two branches but a few miles apart. But in all the down-river, producing and shipping district, there was not a single branch for their accommodation. Why deprive them of a privilege because of bad legislation in the past?
Mr. OWENS. In his section of the country here was not a branch for sixty miles round. He panted an equal chance.
Mr. DOBBINS. If the reasoning of the gentleman from Spencer and the gentleman from Sullivan were correct, we ought to have branches in every county and township in the State, for we have men engaged in trade everywhere. He agreed with Mr. Stotsenberg that under the present charter, it was wrong to increase the power of the Bank. It were better, perhaps, to make a more equal distribution of the present branches than to increase their number. He had also another objection to increasing its power. The charter of the Bank was not sufficiently guarded with reference to the amount of their issues in proportion to the specie in their vaults. It might continue to be a good and safe institution as long as & remained in the management of the present directors; but he would not increase its powers.
Mr. VEATCH. How would the gentleman distribute the present branches ?
Mr. DOBBINS supposed it could be done by the same authority that might locate new branches.
Mr. VEATCH supposed not.
Mr. STOTSENBERG did not want to deprive any people of what gentlemen call the benefits of a bank. He believed it would be better not to establish any more branches. But if this was to be done, he wanted his constituents and others to have in it the opportunity to correct some of the past bad legislation, (so the gentleman called it,) in the bank charter. The former legislation had voted away one of the dearest rights of Americans-the sovereign right of taxation. They were exempt from taxation. He was not disposed to injure the Bank, but to provide that the means of this mammoth corporation shall pay taxes, just as the property of other men. We had it now in our power to withdraw this exemption, which had been obtained by legerdemain. Now was the time to get it back. The people of his city were taxed in every department and class of their property, while the branch located there was exempt. This was a bad provision ; then let us protect five more cities from the effects of this bad legislation. He knew that his people wanted to see this step of reform-wanted this power taken away from the Bank. He admitted we could not take it back without the consent of the Bank.
Mr. VEATCH. What did the gentleman propose? He says he has no objection to granting these privileges to those portions of the State desiring them. He knows that no amendment can be made to the Bank charter without the consent of the Bank. Yet he proposes an amendment, the effect of which would be to deprive us of these branches. We can not have banks without the people want them, because the people must take the stock. The Bank would never locate a branch where the people do not want it. Then, if our people desired a branch, where was the gentleman's doctrine of popular sovereignty, when he says we shall not have it ? It did not interfere with him, and he knows he can not strike off this power from the Bank, because they will not consent to it. We were simply asking, not that further burthens be laid on the gentleman from Floyd-but for the privilege of; branch banks where there is no bank, if the people desire them and the Bank will grant them. If satisfactory to our people, why should he complain ? It was a matter of deep interest to our people and their representatives on this floor. How could he be affected by it, or his constituents ? It would not make the matter better or worse for them. It would grant us a privilege, and do him no harm. It was doubtful, in these times, whether the Bank would grant any more branches. If the gentleman would put his instructions into the form of an inquiry, he would vote for them.
Mr. PROSSER referred to the outside pressure which was brought to bear for the passage of the charter of this Bank. That charter was most corruptly obtained, and he hoped the House would remember this, and restrain its power, as they might be able to do so, till they could put their foot on the monster. He did not recognize the advantages assumed for a bank location. He had himself once introduced a bill repealing this 15th section.
Mr. DOBBINS proposed to amend further, by adding a section to the effect, that " said Bank shall surrender any right to take a greater rate of interest than six per cent, and to use more than one-third of its capital stock in bills of exchange; the balance to be used in the regular discount line," &c.
Mr. GRESHAM. The argument of the gentleman from Spencer amounted to nothing. He would not vote for the bill unless they would remove the odious features of their charter. He showed the inequality of taxation in favor of the Bank. It did not pay tax at all as a corporation, but the stochholders as individuals.
Mr. McLEAN. Did the gentleman remember that the measure was obnoxious to the Bank ?
Mr. GRESHAM did not care; he would not give them more power, under the circumstances.
Mr. SMITH, of Bartholomew, moved to lay the bill and amendments on the table; and the yeas and nays being demanded and taken thereon, the motion was lost-yeas 40, nays 49.
Mr. GRESHAM, explaining his vote, said he voted No, because he wanted to get in amendments.
page: 102[View Page 102]So the House refused to lay the bill on the table.
On motion by Mr. ORR, the further consideration of the subject was postponed, and it was made the special order for Thursday next, at 2 o'clock.
Mr. Prosser's bill [63] to repeal the act to prevent the carrying of concealed weapons, was considered on the second reading, and referred to the Committee on Rights and Privileges.
AFTERNOON SESSION.
Mr. Brucker's bill [64;] Mr. Heffren's bill, with Mr. Stotsenberg's amendment [75;] Mr. Atkisson's bill (66;] Mr. Howard's bill [68;] Mr. Wood's bill [71;] Mr. Crane's bill [72,] coming up on their second reading, were referred to the Committee on the Judiciary.
Mr. Dobbins's bill [69,] changing the law so as to limit the time of notice of process against, railways from 15 to 30 days, was considered and ordered to be engrossed.
Mr. Heffren's bill [65] was referred to the Committee on Rights and Privileges.
Mr. Folk's bill [67] was referred to the Committee on Agriculture.
Mr. Packard's bill [70] was referred to the Committee on Roads.
FINANCES OF THE STATE.
A message from His Excellency, the Governor, was here announced, and read to the House of Representatives by Mr. Holloway, his private secretary, with reference to the finances of the State It stated His Excellency's information that there were but $5,000 in the Treasury, and the necessity of borrowing $50,000 to provide for the current expenses of the State until the receipts from taxation can be realized: and in consideration of the premises, recommends that the Governor, Auditor and Treasurer be authorized to make a temporary loan to that amount.
On motion by Mr. BRANHAM, it was taken up for consideration.
Mr. McLEAN moved that it be referred to the Committee on Ways and Means.
Mr. BRANHAM. This message disclosed an extraordinary state of things. Why was it that the State was now financially bankrupt? It was not because the Legislature had not made ample provision for the ordinary expenses of the State ? He would call attention to one or two things in relation to the disbursements of our finances. The Constitution provided that no money shall be drawn from the Treasury except in pursuance of appropriation made by law. Ever man in the State taking office, was required to swear to support the Constitution. In the Treasury bill of 1859, these would be found this provision, that the Auditor of State shall at no time draw his warrant on the Treasury, unless there is money in it to pay the same in conformity with appropriation made by law. The estimates made that year would show that there ought to be a balance of now in the Treasury, after paying all appropriations. The Treasurer's report showed balance in favor of the Treasury last November, of $134,000. How comes it that this money was not now in the Treasury ? If you turn to the Auditor's report, you have the explanation. It was useless to do anything in this matter, unless we could make a change in the system of disbursements of the public money. Unless this were done, we might as well abolish the House of Representatives.
Mr. HOLCOMB interrupted, to make a point of order, that the motion was for reference merely, and did not admit of the range of debate the gentleman was taking.
The SPEAKER. For all the Chair has heard, the gentleman may be giving his rea. sons for the motion.
Mr. BRANHAM continued. I for one, will never vote to clothe any officer of this State with power to borrow money, till we shut the treasury door. So long as you allow the officers of State to disburse the money in violation of law, I never will vote another dollar of taxation on the people of the State. I wish the House to understand my position in reference to this mater. If the House does not keep within its control the disbursement of the public funds-it is an outrage to tax the people for money that the officers may disburse as they please. If the finances of the State had been well administered you would now have enough. I say here that the Auditor of State has drawn $71,000 in cases where he had no authority in the world. And this is not the only item. But if the House propose to let this go on, and leave the officers to disburse without authority of law, I never will vote another cent of taxation till it shall be stopped. ["Consent."] I doubt very much the right to borrow this money as the message proposes. The constitution says, that no debt shall be created, unless to meet casual deficits in the revenue and to pay the interest on the public debt. Is this a casual deficit? When the Representatives of the people have made appropriations amply sufficient to meet all expenses, have the officers of State power to appropriate the public money differently and then ask the Legislature to borrow? Sir, you never will be any better off so long as this state of things exist. If you continue this illegal and unconstitutional system of disbursing the public money yon will be forever bankrupt. There is not a fund known to the treasury department that has not been perverted from its legitimate use and appropated in direct violation of law. Sir, shall we go on, and borrow, and continue this state of things? I say again to the House for one, I never will, until there is some guarantee that this state of things shall stop. If we are to go on at this rate-if these men are to exercise the right to make contracts in violation of law-what is the use of the House of page: 103[View Page 103] Representatives? You had better abolish the General Assembly, to save expenses, and authorize men to levy and collect taxes and disburse the revenues as it suits their fancy. It is true that the incoming officers have no responsibity for this state of things, and I hope now, if any bill is to be brought in on this subject, there will be a provision it in it getting every officer of the State to to breaking stone, if they violate the law.
The message was referred to the Committee on Ways and Means.
His Excellency, the Governor, also transmitted to the House certain joint resolutions of the Legislature of the State of Virginia, calling delegation of Commissioners of the several States of the Union, to convene in Washington City, on the 4th of February, to consider the State of the Union, and submitting propositions for an adjustment of Federal difficulties, and the Crittenden amendments of the Constitution of the United States, with modifications as their basis of pacification.
The resolutions were read, and, under the Veatch resolution, referred to the Committee Of Thirteen.
Mr. Brett's bill [74] was referred to the Committee on Temperance.
Mr. Black's bill [76] and Mr. Orr's bill [84] for a conventional interest, with Mr. Underwood's amendment to strike out all that relates to a higher rate then six per cent., were referred to the Committee on Rights and Privileges.
Mr. Hopkins' bill [81] was ordered to be engrossed.
Mr. Turner's bill [79] was referred to the Committee on Benevolent Institutions.
Mr. Lee's bill, [78,] and Mr. Williams' [85] were referred to the Committee on the Judiciary.
Mr. Jones's (election) bill [80] was referred to the Committee on Elections.
Mr. Heffren's bill [83] waa referred to the Committee on Education.
Mr. Moss' bill [86] was referred to the Committee on the Organization of Courts.
The House then adjourned.
