HOUSE OF REPRESENTATIVES.
MONDAY, January 28, 1861.PETITIONS AND MEMORIALS.
Mr. HAYES presented the petition of sundry citizens of Madison county, for the enactment of a law to protect sheep from the ravages of dogs, which was referred to the Committee on Rights and Privileges.
Mr. JONES, of Vermillion, presented the petition of sundry citizens of the State of Indiana, asking for an amendment of the usury laws, so as to allow 10 per cent, interest on contracts.
Mr. PACKARD presented the petition of sundry citizens of Starke county, asking for the repeal of the new county acts of 1857 and 1859:
Which petitions were referred to the Committee on the Judiciary.
Mr. PROW presented the petition of Driskoll and others, laboring men of Campbellsburg, asking for an ad valorem tax for the purpose of keeping up the roads and highways, which was referred to the Committee on Roads.
COUNTY SEAT OF NEWTON.
Mr. GROVER, from the Committee on County and Township Business, returned the petition from sundry citizens of Newton county, for amendment of the laws relative to the relocation of county seats, and reported further legislation on the subject inexpedient, and that the petition lie on the table.
Mr. MOODY. There was a bill on this subject referred to this committee at the same time with the petition; and he desired the report not to be concurred in. He thought it would be easy to show that legislation ought to be had-that the present law operates unjustly on those counties where there are no county buildings. It allows the locating commissioners to demand $15,000 for public buildings.
Mr. GROVER. The gentleman who introduced the bill, (Mr. Wells,) had requested that it be not reported upon till he could see the committee and suggest amendments. The committee considered that in the case of the location of the county seat of Newton, the fault was with the commissioners, and net in the law.
Mr. WELLS. This was a question of importance to the people of Pike county. It had been discussed in the canvass-both candidates taking the same ground. A large majority in favor of a change in the law. In the case of building or rebuilding courthouses, &c., under the existing law, one-third of the voters of the county, plus one, could control two-thirds of the voters, minus one. This was giving too great advantage to a minority. His bill proposed in substance, that the existing law should only apply to the rebuilding of old county buildings, and that in all other cases the majority should govern. If his bill should not pass, he would propose to amend page: 120[View Page 120] the existing law, so that it should require three-fifths, instead of a bare majority.
Mr. GROVER. The committee had not reported on the gentleman's bill.
Mr. MOODY stated the purport of the petition; set forth at length the unequal operation of the existing law, and the special injustice of the action of the commissioners in the location of the county seat of Newton county. These commissioners were appointed by the late Gov. Willard, and to bring the location Bear his lands, and to accommodate other parties, in disregard of petitions signed by four-fifths of the legal voters, they had made the location within two and a half miles and three and a half miles of the lines in the southwest corner of the county; so that some citizens of the county would have forty miles' travel to reach it. It was because of a remote county seat that they had asked to be set off from the county of Jasper. And now they did not ask for special legislation. All they asked was a removal of the unjust provisions of the existing law, so that two-thirds of the people of that county shall not be compelled, by the will of the balance, to pay $15,000 for public buildings. Inasmuch as the parties interested have succeeded in getting the location, the majority of the people are unwilling to be any longer at their mercy. He desired that the petition should either lie on the table and await the action of the House on the bill, or that it should be recommitted.
Mr. FORD. The Committee felt that great injustice had been done to the; people of Newton county, but saw no remedy, without interfering with the general law on the subject. The objection was, in the desire of the people there to be relieved from the $15,000. But the law requires that two thirds shall petition for it. It was stated that two-thirds were opposed to it; and we concluded, that being the case, they had still the power in their own hands.
Mr. MOODY moved that the report be recommitted. Perhaps the Committee did not understand that there was no way by which the number of voters could be ascertained but by taking a census. One amendment he desired to propose to the bill was, that the number of voters shall be taken to be the number of votes polled at the last Congressional election. He repeated his desire for the privilege of going before this Committee with some of the reasons why the law ought to be changed.
Mr. GROVER now seconded the motion; and the report was recommitted to the same Committee.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Bundy's bill [27] fixing the Speaker's compensation, with the expression of opinion, that the honors of the position have heretofore, and will in the future, secure the best talent in the House for the place, without any pecuniary compensation.
Upon inquiry, it was astertained that this bill had been referred to the Committee Claims; and thereupon-
The SPEAKER ruled it out the report.
RESOLUTIONS.
By Mr. DOBBINS. That the Judiciary Committee inquire whether it is in accordance with the 5th article, section 4, of the Constitution, to regard the Governor and Lieutenant Governor as eligible to any other office during the term for which they are elected. It was laid on the table.
By Mr. WOODS. Rehearsing that defaults have been made in the payments into the common school fund of moneys derived from the sale of lands and estates, escheated for want of heirs; from the sale of animals unlawfully running at large, and moneys paid by corporations for school purposes; and requesting the Committee on Education to consider the propriety of reporting a bill to secure the same to the school fund, and its distribution amongst the several counties.
By Mr. HOLCOMB. That the Committee on County and Township Business inquire into the expediency of amending the law so as to allow county recorders a fair compensation for entering " satisfaction " on the mortgages in their offices.
By Mr. BUNDY. That the Judiciary Committee inquire into the expediency of providing by law for the carrying out of section 6 of the 8th art. of the Constitution, which declares that the several counties shall be held liable for so much of the school fund as shall be entrusted to them, and for the payment annually of the interest thereon, &c.
By Mr. FISHER. That the Judiciary Committee inquire into the expediency of repealing all laws requiring appraisment and sale of personal property under execution to sell for at least two-thirds its valuation.
By Mr. HAYES. That the Committee on the Affairs of the Town of Indianapolis inquire into the expediency of reporting a bill providing for the erection of a suitable iron fence round the State House Square.
Mr. HEFFREN presented the proceedings and resolutions of a Union meeting of the citizens of Washington, Harrison, Crawford, and Orange counties, held at Hardensburg, which were referred to the Committee on Federal Relations.
By Mr. COLLINS, of Whitley. That the Committee on the Judiciary inquire whether there is any law authorizing County Agricultural Societies to hold real estate, and, if not, report a bill to that effect.
By Mr. DOBBINS. That the Committee on Rights and Privileges inquire into the expediency of repealing the law requiring every justice of tho Peace to pay to the Secretary of State one dollar for his commission.
By Mr. PACKARD. That the Superintendents of the Deaf and Dumb Asylum, and of the Blind Asylum, be invited to give exhibitions of the pupils under their care before the page: 121[View Page 121] members of the General Assembly; that the Clerk inform them of the passage of this resolution, &c.
By Mr. HUDSON. That the Judiciary Committee inquire into the expediency of so amending the law for the punishment of crimes and misdemeanors as to extend the statute of limitations to five years.
By Mr. WILSON. That the Commttee on County and Township Business inquire into the expediency of so amending the assessment law that the tax payer may be allowed to take the amount of his indebtedndss out of bis personal property as well as solvent claims.
By Mr. SLOAN. That the Committee on Ways and Means inquire into the expediency of so amending the assessment law as to allow tax payers to deduct from their taxable property the actual amount of their indebtedness.
By Mr. BRUCKER. That the Committee on the Judiciary inquire into the expediency of so amending the law concerning Justices of the Peace, as to require them to make out every three months, complete lists of fees collected, to whom due, &c.
These resolutions were severally adopted.
FEDERAL COMMISSIONERS.
Mr. JENKINSON submitted a joint resolution, that Henry S. Lane, of Montgomery county, Norman Eddy, of St. Joseph county, Samuel Hanna, of Allen county, Simon Yandes, of Marion county, and Robert Dale Owen, of Posey county, are hereby appointed Commissioners on the part of the State of Indiana to the Convention to be beld in Washington City on the 4th day of February, by Commissioners from the other border States to consider a plan of adjustment and settlement of Federal difficulties for the preservation of the Union.
It was referred to the Committee of Thirteen.
[Personal explanations by Messrs. McLean, Edson, and Woods, are crowded out.]
NEW BILLS.
New bills were now introduced and passed to the second reading, viz:
By Mr. DOBBINS: [111] To amend section 6 of the act to amend the act to authorize and regulate the business of General Banking, passed March 13, 1855, notwithstanding the objections of the Governor.
By Mr. JONES, of Tippecanoe: [112] To provide for an examination and adjustment of the account of Morehead, Hall & Co. against the State of Indiana for work done on the Wabash and Erie Canal, a d for the payment of the balances, if any remain due to them.
By Mr. ERWIN: [113] To amend the 2d section of the act to provide for the election and prescribe certain duties of recorders, approved May 31, 1851.
By Mr. PACKARD [114] To amend the 1st section of the act for the incorporation of manufacturing and raining companies for manufacturing, chemical and building purposes, approved May 20, 1852.
By Mr. BURGESS: [115] To amend the execution laws of February 17, 1852, and March 5, 1859.
By Mr. CASON: [116] To require the manufacturers and venders of patent medicines to label their packages and bottles with the ingredients of the composition of such medicines.
By Mr. FISHER: [117] Appropriating $4,000 annually to the State Board of Agriculture, [in addition to that by the act of 1852.]
By Mr. STOTSENBERG: [118] To authorize the judges of the circuit and common pleas courts to make certain orders in vacation.
By Mr. MOODY: [119] Concerning the State, county, township, and road tax in the counties of Jasper and Newton.
On the motion of Mr. MOODY, (pleading that the prompt passage of this bill is necessary to save the revenue in those counties,) it was considered and passed the second reading and referred to the Committee on County and Township Business.
By Mr. BUNDY: [120] To amend the first section of the act of May 27, 1852, concerning interest on money.
By Mr. HEFFREN: [121 Supplemental to the act concerning county prisons, approved May 27, 1852, and to authorize the establishment of work-houses, and the confinement of certain persons therein to labor.
By Mr. JONES, of Vermillion: [122] To organize a Judicial District to be composed of the counties of Vermillion, Parke and Putnam; to provide for the election of Judge and District Attorney, and to fix the terms thereof; to make all writs, process, &c., returnable thereto, and declare when and how the same shall take place.
By Mr. JENKINSON: [123] To authorize the owners of a town to vacate streets, alleys, lots and squares therein.
By Mr. EDSON: [124] To cure certain defects where persons have acted as deputies under Clerks of the Circuit Court by and with their consent in this State.
By Mr. KENDRICK: [125] For the prevention and punishment of frauds in elections.
By Mr. BRUCKER: [126] To amend sections 18, 25 and 26 of the act regulating the descent of estates and the apportionment of estates, approved May 14, 1852.
By Mr. GIFFORD: [127] To give to the several Clerks of the Courts of Common Pleas the custody of the papers of the former Probate Courts.
By Mr. ROBERTS: [128] To amend section 3 of the Liquor law of 1859.
By Mr. BUNDY: [129] To amend section 178 of the act providing for the settlement of decedents' estates, approved June 17, 1852.
By Mr. STOTSENBERG: [130] Requiring certain pleadings where corporations are parties to be sworn to.
By Mr. HOPKINS: [131] To release the Trustees of the Wabash and Erie Canal from page: 122[View Page 122] keeping up that part of said canal lying within the limits of the city of Evansville, in Vanderburg county.
By Mr. BRYANT: [132] To amend the 23d section of the Assessment act.
By Mr. Speaker ALLEN: [133] In relation to witnesses, and to amend section 228, art. 13, of the Practice act of June 18, 1852.
By Mr. PACKARD: [134] To amend section 476 of the Practice act.
The House then adjourned.
