AFTERNOON SESSION.
On motion by Mr. BRANHAM, the bill [104] to borrow $75,000 from the Commissioners of the Sinking Fund, was considered and passed page: 110[View Page 110] the second reading, under a suspension of the rules and the Constitutional provision.
The bill being read by title-
Mr. BUNDY moved that the rules and Constitutional provision be again suspended, that the bill may be considered as engrossed and read the third time now.
Mr. DOBBINS made the point or order, that the Constitution was againt the motion.
The SPEAKER. The bill cannot be read again by its title.
Mr. STOTSENBERG read the Constitutional provision; and
The point was overruled, and the rules suspended.
The bill was then read through by the Clerk, and the question being upon its final passage-
Mr. BRANHAM. The bill provided for a loan of $75,000, when the Governor had only asked for $50,000. The reason of this was that the warden of the State Prison at Jeffersonville says he must have $18,000 immediately, or the prisoners must be turned out. On consultation with the Governor, he found that His Excellency had not estimated this in the $50,000. The reason why the committee preferred borrowing from the Sinking Fund, was, that it operated only as a temporary suspension of the distribution. The loan, doubtless, could be made from the Bank of the State; but it was known that in these times the banks have all they can do to get along. And the State had already borrowed $25.000 from the Bank of the State, which ought to be paid as soon as possible. These were the considerations that prevailed with the Committee. He was satisfied that the re-payment of the $75,000 would all be met as provided in the bill. He hoped that by Monday we would have a bill reported here that would stop all leaks in the Treasury.
Mr. DOBBINS, admitting the urgency, could not vote for this bill, because we have not the constitutional right to touch this fund. It was held in trust for the children of the State, and could not be used for any other purpose.
The bill was then passed the third and last reading in the House of Representatives by yeas 56, nays 25.
On motion of Mr. EDSON, (the order of business being suspended for the purpose,) the bill from the Senate [S. 14] to amend the 48th section of the act of June 17, 1852, for the settlement of decedents' estates, was taken, up-
Mr. E. stated the emergency for its passage, in the fact, that the cabinet of specimens and apparatus of the late Dr. David Dale Owen, of New Harmony, was now advertised to be sold under the existing law, and it was desirable, by the provisions of this bill, to prevent the sacrifices that would result from a forced sale of this rich cabinet, which was worth probably $30,000 or $40,000.
The rules and Constitutional provision were suspended, and the bill passed unanimously through the several readings in the House of Representatives.
The bill [S. 11] to amend section 151 of the assessment act of June 21, 1852, was passed to the second reading.
Mr. CAMERON, from the Committee on Benevolent Institutions, returned Mr. Turner's bill, [79] to provide for the election of Sheriff of the Supreme Court, &c., and reported a recommendation that the same be referred to the Committee on the Organization of Courts.
The report was concurred in.
Mr. ROBBINS, from the Committee on Public Expenditures, returned the resolution, asking for legislation to correct mistakes in the present law in reference to the distance traveled by sheriffs conveying convicts to the penitentiary, and reported a recommendation that the same be referred to a Select Committee of three.
The raport was concurred in; and the Speaker appointed Messrs. Robbins, Edson and Crain to be said Committee.
Mr. WOODHULL, from the Select Committee on his bill [36] for the relief of the heirs of Michael O'Brien, returned the same, with a recommendation that it ought to pass.
The bill was ordered to be engrossed for the third reading.
Mr. GRESHAM, from the Committee on Military Affairs, reported a bill [105] for the reorganization of the militia, prescribing the duty of certain officers, &c., and for the repeal of all existing laws having reference to said militia. [Identical with Mr. Anthony's bill (Senate No. 28.)]
It was passed to the second reading.
Mr. FORD. As this was a bill of great importance, and fearing members might forget the reading, he would move that the rule be suspended, and the bill read the second time now.
The House refused to suspend the rule-yeas 26, nays 52-two-thirds not voting in the affirmative.
RESOLUTIONS.
Mr. SMITH, of Bartholomew, submitted a resolution, that if the gentleman from Harrison shall introduce another bill during the present session containing more than 40 pages, it shall be indefinitely postponed. [Laughter.]
The SPEAKER ruled it out of order.
Mr. PACKARD submitted an order for $3 worth of postage stamps for each member $2 in 3 cents and $1 in 1 cents. He said it required postage to send off those documents, and his stock was exhausted.
The yeas and nays were demanded, and taken on this order-Mr. Prosser, Mr. Smith, of Bartholomew, Mr. Cameron and others, explaining that it was too much to expect members to spend their time here in the State service, pay their own expenses and pay postage for the public. There were numerous copies of about 40 documents here, valuable and de page: 111[View Page 111]sirable among the people, and it was bad economy to print them and leave them here undistributed.
The order was rejected-yeas 20, nays 56.
Mr. ROBBINS submitted a resolution, which was adopted, that the clerk of the stationary room inform the House whether each has received his $3 worth of postage stamps under the order of the House.
Leave of absence was obtained for Mr. Howard, Mr. Prosser and Owens.
Mr. EDSON submitted a resolution, which was adopted, that the Committee on the Judiciary inquire into the legal effect of judgments rendered under existing laws against executors and administrators upon claims against decedents' estates, and of the allowance of claims on the Appearance Docket of the Court of Common Pleas in cases where estates are insolvent; and whether further legislation is necessary to protect executors and administrators.
Mr. BUNDY'S resolution to so amend the rules that till otherwise ordered, the adjournment every Saturday shall be at 11 o'clock a. m., till Monday at 2 o'clock p. m., coming up-
Mr. VEATCH and Mr. NEBEKER resisted its adoption, because it was not likely to have the effect claimed for it, namely, of giving time for work in the committees.
The rule was adopted.
Mr. HOLCOMB submitted an order, which was adopted, that the Judiciary Committee inquire into the expediency of so amending the present laws that the county treasurer shall not be required to visit the several precincts for the purpose of collecting taxes; and that he shall not levy the ten per centum charges till the 1st of May: also, that county auditors shall not be required to deliver the tax duplicate till the first of December.
The House then adjourned.
