HOUSE OF REPRESENTATIVES.
SATURDAY, January 26, 1861.PETITIONS.
Mr. ERWIN presented the petition of Dean, Barns, and others, citizens of Lawrence county, asking for the repeal of the act of 1857 to authorize new counties, and the amendments thereto.
The SPEAKER laid before the House two petitions, (Geo. McClure and others,) for a law to compel railroads to fence, and to pay the value of the stock killed by them:
Also, the petition of Levi Johnson and others, citizens of Sullivan county, for repeal of the new county acts of 1857 and 1859: of Zephaniah Hill and others, and John Gardner and others for the same odject:
Which petitions were severally referred to the Committee on the Judiciary
.Mr. KENDRICK presented the petition of page: 113[View Page 113] Winston P. Noble, enclosing a bill of $50 for music on the occasion of the funeral of Gov. Willard; which was referred to the Committee on Claims.
Mr. WELLS presented the petition of Wm. Anderson and 600 others, citizens of Pike county, asking for amendment of the law of March 2, 1855, relative to the re-location of county seats, so that all citizens of the county may have the right of petition in the case: which was referred to the Committee on and Township Business.
REPORTS FROM COMMITTEES.
Mr. WOODHULL, from the Committee on the Judiciary, returned his bill [7] and reported an amendment by way of substitute, viz :A bill [106] to amend the 13th section of the act defining misdemeanors, and providing punishment therefor, approved Jnne 14, 1852; and recommending that the original bill be hid on the table.
The report was concurred in, and the new bill passed to the second reading.
He also returned the resolution for reducing the fees of county clerks in the settlement of decedents' estates, and reported the opinion that legislation thereon is inexpedient.
Mr. EDSON, from the Judiciary Committee, returned the resolution for an opinion as to the effect of a repeal of the present militia law upon those holding commissions under the appointment of the Governor, and reported that upon the repeal of the law, the militia offices created by it would cease; the enactment of another militia law could not authorize the present militia officers to act. But it was the opinion of the Committee that such a law would not affect those militia officers appointed in conformity with the seventh section of the 12th article of the Constitution.
Mr. WOODHULL, from the Judiciary Committee, returned the resolution for amending the law so as to make it the duty of Recorders to issue marriage licenses, instead of clerks, reported further legislation unnecessary.
Mr. EDSON, from the Judiciary Committee, returned the resolution and the report of the Select Committee thereon, in relation to the purchase of the Statutes of Gavin & Hord, and reported an order, which was adopted, asking that the Doorkeeper purchase 10 copies of the first volume for the use of the Standing Committees, and one copy of the proof sheets of the second volume.
Mr. CASON, from the Judiciary Committee, returned the resolution for inquiry into the expediency of abolishing the Common Pleas Court, and reported-legislation inexedient.
These reports were concurred in.
Mr. EDSON, from the Judiciary Committee, returned the resolution for the pay of officers and witnesses in all criminal prosecutions whether the State sustains the action or not reporting that further legislation in the matter is inexpedient.
The report was concurred in.
Mr. VEATCH, from the Committee on the Judiciary, returned Mr. Newman's bill [41] to amend the 12th section of the act of June 12, 1852, to authorize levees and drains, witha report recommending its passage.
Mr. V. stated that the only change proposed n the existing law was, to take away from the trustees the power of appointing appraisers.
Mr. NEWMAN. The law, as it now stands, allows such companies to elect directors or trustees. These trustees have the power to appoint three appraisers. This gives opportunity for collusion : and it had been thought better to take this power out of the hands of the trustees.
The bill was ordered to be engrossed.
He also returned the resolution with reference to an amendment of the Practice act, so that a bill of exceptions shall not be filed in vacation, or if it be, that the opposite party shall have notice of the time and place of application, and reported a bill [107] to amend section 343 of the Practice act, so as to provide a mode of taking down evidence in certain cases.
The bill was passed to the second reading.
He also returned Mr. Heffren's bill [56] to repeal the act prescribing the duties and fixing the compensation of the State Agent, and reported-legislation inexpedient, and that the bill be laid on the table.
He also returned the resolution as to the constitutionality of a law that would admit of local taxation on real estate for the construction of roads, with the opinion that such an act would not be constitutional.
He also returned the resolution for forbidding intermarriages within the fourth degree in the collateral lines, with a report that further legislation is inexpedient.
Which reports were severally concurred in.
Mr. Cason, from the Committee on the Judiciary, returned Mr. Orr's bill, [34,] authorizing any and all persons to prevent an affray, and reported-further legislation inexpedient on that subject, and that the bill be laid on the table.
The report was concurred in, and according the bill was laid on the table.
He also returned Mr. Edson's bill [9] to amend the 148th section of the act of June 17, 1852, for the settlement of decedents' estates, recommending its passage.
The bill was ordered to be engrossed.
Mr. LANE, from the Committee on Public Expeditures, submitted a report alleging that various appropriations of the public money have been made by disbursing officers, in violation of the 3d section of the 10th article of the Constitution, and recommending suitable guards and penalties against such disbursements.
Mr. DOBBINS moved to refer it to the Committee on Ways and Means.
Mr. NEBEKER proposed the Judiciary Committee, which was agreed to.
page: 114[View Page 114]Mr. PACKARD, from the Select Committee on the Governor's recommendations with regard to the laws regulating foreign and domestic insurance, reported, as the result of their deliberations, a bill [108] to regulate the business of foreign insurance corporations, associations or individual underwriters of other States, and the agents thereof in the State of Indiana; and the bill [109] to regulate the business of insurance companies doing business under charters granted by the State of Indiana, prior to the 17th day of June, 1852[the date of the approval of the General Insurance law;] which were severally passed to the second reading.
RESOLUTIONS AND ORDERS.
By Mr. DOBBINS. That the Warden of of the Jeftersonville Prison report a statement, showing the number of contractors in connection with said prison, their names, the amount of money due to the State from each, and whether the same can be collected.
It was adopted.
Mr. LANE submitted an order requiring the Committee of Thirteen to report on the Virginia resolutions at their earliest convenience.
Mr. L. said, those resolutions invite commissioners from all the States to convene at Washington City, the 4th day of February; and if we would respond to the invitation it was necessary that we should have a report as soon as possible.
Mr. HEFFREN, in his absence, had understood that this committee's report, had been recommitted, as not satisfactory to the House. He asked to be discharged from further service on that committee.
The application was refused.
Mr. STOTSENBERG. There was an order, that this committee should report next Tuesday at 10 o'clock.
The SPEAKER. The Clerk informs the Chair that there is no such entry on the Journal.
Mr. HEFFREN. The chairman of the committee is absent, and will not be here before Wednesday.
Mr. LANE'S object was to have a report as early as possible.
Mr. FRASiER proposed to amend by requiring the committee to report on Tusday 2 o'clock. But-
On the motion of Mr. WOODHULL, the resolution and amendment were laid on the table-affirmative 39, negative 29.
By GROVER. That the Auditor of State be instructed to inform the House what railroads have been appraised, and what has been the change of valuation in such roads per mile, also the present valuation per mile of such roads.
By Mr. KITCHEN. That the committee on the Judiciary inquire into the expediency of so amending the law as to grant county treasurers two and a half per cent, on county orders; also of exempting them from the duty of visiting the voting precincts to receive taxes.
By Mr. GORE. That the Committee on County and Township Business inquire into the expediency of so amending the law as to graduate the salaries of county officers by the number of inhabitants in the county.
Which were severally adopted.
By Mr. BURGESS. That the Committee on Roads inquire into the expediency of so amending the Road law, as to allow the road tax to be expended on the lands of the tax payers. It was rejected.
By Mr. BRUCKER. That the Committee On Education inquire into the expediency of amending the School law, so as to allow the school-tax collected in towns and cities to be expended therein. It was also rejected.
Mr. BLACK presented the proceedings and resolutions adopted by the people of Orange county in mass convention, the 16th of January, acquiescing in the Crittenden amendments as a basis of pacification for the present Federal difficulties; which were referred to the Committee of Thirteen.
Mr. ERWIN presented resolutions of a smilar character, adopted at a late Union meeting in Lawrence county; which took the same reference.
By HAYES. That the Auditor of State be requested to furnish for the use of the Apportionment Committee an enumeration of the white male inhabitants of the several counties of the State over 21 years of age, in compliance with the constitutional provision, if such enumeration has been made; and, if not, inform the House.
By Mr. POLK. That the Auditor of State be requested to report the total value of real and personal property in the State in the years 1859 and 1860 respectively the object being to ascertain the increase, &c.
By Mr. GROVER. That the President of the Bank of the State of Indiana be requested to inform the House what branches of said bank are opposed to the creation of new branches, and what are the reasons for such opposition.
By Mr. BRYANT. Rehearsing the constitutional provision for fencing the Tippecanoe Battle Ground, and requiring the Speaker to appoint a special committee thereon.
Which were severally adopted.
Mr. CRAIN submitted a resolution directing the Clerk of the House to procure a certified copy of the Judgment of the Supreme Court lately rendered in the case of -- against the town of Connersville.
He had learned that, day before yesterday, the Supreme Court decided that bank stocks-the stocks of the Bank of the State and the free banks- are taxable on the certificates and not at the office : thereby deciding that all such stocks held out of the State of Indiana are not taxable. The object of the resolution was to bring this fact before the House.
The resolution was adopted:
