REPORTS FROM THE JUDICIARY COMMITTEE.
By Mr. VEATCH: Returning Mr. Branham's bill [1]-embezzlement bill-with verbal amendments, and two additional sect-ions, to the following effect:
SEC. 8. That if the Auditor of State draw his warrant on. the treasury when there is no money in the treasury belonging to the particular fund to pay it, in conformity with appropriations made by law, he shall be guilty of a misdemeanor, and, upon conviction if fined not less than $100 nor more than $1000, and imprisoned not less than one month nor more than six months.
SEC. 9. That if the Treasurer of State shall use the money of any particular fund for auy other purpose than that for which it has bee set apart and appropriated, he shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than $100 nor more than $5000, and imprisoned not less than one month nor more than six months.
The amendments were concurred in.
On motion by Mr. BRANHAM, the bill was laid on the table, 300 copies were ordered to be printed, and it was made the special order for Tuesday next at 2 o'clock.
By Mr. WOODHULL: Returning Mr. Cason's bill [35] to amend section 238 of the practice act, with the expression of opinion by the majority of the Committee, that it be laid on the table.
The report was concurred in.
By Mr. HEFFREN: Returning Mr. Speaker Allen's bill [13] for refunding license money illegally collected, with amendments, striking out the words, "with interest thereon from the time of payment," and adding a section 1 making it the duty of the commissioners to refund money collected from parties carrying on business in stocks and exchange.
The amendment was adopted and the bill ordered to be engrossed.
By Mr. EDSON: Returning the bill to amend section 466 of the practice act, and recommending its indefinite postponement. [The bill'was to provide that the sheriff may sell real estate on the premises instead of at the Court House.]
By Mr. WOODHULL:. Returning Mr. McClurg's bill [75] to amend section 412 of the practice act, and reporting such legislation inexpedient, and that the bill lie on the table.
By Mr. HEFFREN : Returning Mr. Moss's bill [21] to amend section 421 of the practice act, recommending indefinite postponement.
These reports were severally concurred in.
By Mr. EDSON , Returning Mr. Williams's bill [2,] declaring it to be a felony to let down fences and destroy cattle guards on the lines of railroads, reporting that the same lie on the table, and a substitute therefor, viz; a bill [159] declaring it to be a misdemeanor to leave open gates, let down fences, or destroy cattle-guards along the lines of railroads, and establishing a penalty therefor.
The report was concurred in, and the new bill passed to the second reading.
By Mr. CASON: Returning Mr. Black's resolution for defining an assault, and reporting a bill [160] to amend section one of the act with reference to misdemeanors punishable by a justice of the peace, approved June 17, 1852, which was passed to the second reading.
By Mr. WOODHULL: Returning Mr. At page: 141[View Page 141]kisson's bill [66] to amend section 476 of the practice act, with a recommendation of indefinite postponement.
The report was concurred in.
By Mr. VEATCH: Returning Mr. Jenkinson's bill [5] limiting the power of county commissioners in the assessment and collection of taxes, with a majority of the Commitee recommending indefinite postponement.
Mr. JENKINSON submitted a minority report insisting that the bill has merits, and if it becomes a law, it will induce economy in site county expendiures, prevent recklessaths, &c.
He said that the bill was one of the most important that the House would be called to legislate upon. The county of Allen had levied a county tax, last year, of ninety cents to the $100, and this year of sixty cents, whilst the average of the county taxes in the State was only thirty cents. He had a deep interest in the success of this bill, which limited the amount that could be levied by the county commissioners to fifty cents on the $100. For its passage he was in market, ready to reciprocate any aid that might be given him to pass the bill. Some members had court houses to see to, but these could be built under his law, with some delay. But if the county commissioners are to have no limit imposed on their power to levy taxes, they may take all a person has, and no such power should be granted them. It is said that the proper remedy is with the people, to elect a board of commissioners that reflects their opinions and wishes, but they are often deceived in the persons they may select. Hence these officers should not have the unlimited power conferred upon them. He called upon the friends of economy to give us this bill, and relieve the farmers of this State from paying rent instead of tax, and warned his Republican friends that if it was defeated, there would not be fifty Republicans left in Allen county. The bill had merits, and be wished its consideration to be laid over till Friday of next week.
Mr. FISHER suggested that the difficulties in Allen could be relieved by the people electing Republican officers; and he understood that they had taken it in hand and rendered this extraordinary legislation nearly unnecessary, by the election of a Republican county treasurer last October. [Laughter.]
Mr VEATCH said that the evil complained of was a local one, and it was not right to tie the hands of all the counties in consequence A majority of the committee were perfectly willing to yield to the gentleman from Allen all they could. But they considered it improper to enact a law that should govern and restrain the whole State merely to suit the views of the people of Allen. If the principle of the bill was right, we ought to take the power of taxation entirely out of the hands of the Board of Commissioners. We ought to have no bounty Commissioners, and repose this power somewhere else. Did he understand the gentleman to say that if we do not pass this bill, there will not be 50 Republicans left in Allen? Then suppose we do not pass it. The Democracy will have the control in Allen county, and certainly they can fix it to suit themselves. Who shall restrain the people? Besides they might have useful purposes to accomplish, as the building of Court Houses; and for such purposes the commissioners should have power to levy sufficient taxes, even as high as $1 on the $100 valuation. The hands of all should not be tied to accommodate the peculiar circumstances in Allen. From this view the committee made their report against the passage of the bill.
Mr. JENKINSON. If the bill don't pass, the pledge of Republicans on the stump will not be regarded. He exhorted them to be careful of their pledges.
Mr. BUNDY moved to suspend the order of business for the report of the Committee of Thirteen.
The motion was agreed to: and thereupon-
