IN SENATE.
SATURDAY, February 2, 1861.Hon. David STUDABAKER, the Senator from Adams, Wells and Jay, appeared in his seat for the first time this session, having been detained on account of sickness in his family.
The PRESIDENT laid before the Senate a communication from the Doorkeeper, stating that he had applied for money to buy postage stamps, in accordance with a resolution adopted yesterday, but had found the treasury empty, and is therefore unable to perform his duty. Also, a communication from the Treasurer of State, (in answer to a resolution of the Senate,) stating that the $104,052 37 suspended debt did not arise during his term of office; and that the $160,000 was placed in the hands of Agent of State, in pursuance of law, to meet the interest due January 1, 1881.
PETITIONS, MEMORIALS, ETC.
By Mr. LOMAX: Resolutions adopted by a meeting in Orange county a few days since.
By Mr. SLACK: Preamble and resolutions, adopted by citizens of Whitley county, without distinction of party.
Were referred to the Committee on Federal Relations.
By Mr. WHITE, in the absence of Mr. Wagner, a petition from citizens of Warren county, asking the repeal of the new county acts of '57 and '59; referred to the Special Committee on that subject.
REPORTS FROM COMMITTEES.
By Mr. CONNER: Corporation-returning Mr. Ferguson's bill [S. 39-see p. 46] recommending passage.
By Mr. JOHNSON: Agriculture-returning petitions asking for repeal of the law requiring assessors to make out statistical lists for information, and reporting a bill in accordance therewith, [S. 99,] to repeal section 73 of the valuation and assessment act, approved June 21, 1852; which was passed the first without objection.
By Mr. SHOEMAKER: County and Township Business-returning his bill [S. 26-described on page 30 of these Reports] recommending passage.
By Mr. CONLEY: Select Commitee returning numerous petitions, asking repeal of the new county acts of '57 and '59, recommending that they lay on table, as there is a bill now on its third reading in the Senate contemplating the object of the petitions.
By Mr. LINE: Select Committee returning joint resolution [S. 5] proposing amendments to the Constitution, so that the Legisiature may more effectually guard against fraudulent 6 voting; recommending passage.
The joint resolution being read-
Mr. MARCH said: This amendment to th Constitution is only to meet the objection as to the power of the Legislature to pass laws as to the qualification of voters, about which there is a difference of opinion. I believe the Legislature now has the power to pass laws fixing the time of residence for the voter in county, ward or township; but there are Senators here, and legal gentlemen all over the State who differ with me. I am willing to vote for both propositions, because the decision of the Supreme Court would be obtained within two years, and it will then substitute the final action of the amendments to the Constitution should that decision be favorable; while on the other hand should they decide that the Legislature has not the power, we have it so that in three years it can be put in force. It is well known it requires the action of two sessions of the Legislature, and then must be submitted to a vote of the people. There is ample time to guard against any want of foresight in the provision.
Mr. LINE. There is a difference of opinion among even our best lawyers as to whether the Legislature has power to set any length of term for the qualification of a voter. This being an unsettled point and the fact that charges of fraud upon the ballot box are bantered freely by parties, is of itself a sufficient reason why these amendments should be incorporated in the Constitution. Hence I shall support the proposition.
The joint resolution was adopted by yeas 38, nays 2.
By Mr. MARCH: Select committee returning a joint resolution, [S. 6] proposing an amendment to article 8 of the Constitution, enabling towns and cities to raise money by taxation for common school purposes ; which was subsequently passed by yeas 31, nays 4. Also, reporting a joint resolution, [S. 12] proposing an amendment to section 23, article 4 of the Constitution in relation to the uniform operation of laws throughout the State.
page: 159[View Page 159]Mr. MARCH. The original proposition was an amendment to the 8th article and it simply adds a clause giving the Legislature power to confer upon incorporated towns and cities the right to raise a tax for the support of common schools, and the object of that amendment meet the decision of the Supreme Court, when they decided there could be no except the State tax. They also raised that a law of that kind would to objection, that it would not be operation. The operation of the clause is simply this, to give incorporated towns and cities under rules provided by the Legislature, the power to raise money in addition to what they receive from the State for the support of common schools. It is not intended to interfere with the present system of common schools in any way or form, but to towns, and townships if they see proper to make additions to this fund in order to carry out the system more fully.
Mr. SHOULDERS. I pledged myself to my people that I would not vote for any amendment to the Constitution whatever, from the fact I considered party excitement so high at this time, that it would be inexpedient to meddle with the Constitution and for that reason I shall vote against the proposition.
The joint resolution was adopted by yeas 35, nays 4.
The Committee reports recited above vere severally concurred in.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading, without objection :
By Mr. TARKINGTON : [100] To create the 14th Judicial Circuit. Rules suspended, read the second time by title only, and referred to the Committee on the Organization of Courts.
By Mr. CONNER: [101] To amend section 168 of the assessment act, so that the County Auditor's deed for land sold for tax shall be prima facie evidence of the facts therein recited, and no more.
By Mr. WOLFE : [102] To amend section 21 and 22 of the misdemeanor act, approved June 14, 1852 ; so as to define adultery, fornication and other public indecencies.
By Mr. MILLER : [103] To enable minors whose land has been sold on application by guardian during minority, to prosecute an appeal from the order confirming the sale any time within three years after arriving at age.
By Mr. SLACK : [104] To amend an act entitled an act concerning real property, approved May 6, '52, and March 2, '59, so as to authorize mulattoes and Indians to convey.
By Mr. MURRAY: [105] To provide for the location, vacation and change of highways, &c., and repeal sections 15 to 26 inclusive of the act to vacate or change highways ; approved June 17, '52.
By Mr. TEEGARDEN: [106] To provide for settlement, and compromise by persons or joint partners with creditors.
By Mr. HAMILTON: [107] For the relief of tie heirs of Michael O'Brien, deceased.
[A message from the Governor announced his approval of Mr. Conner's bill [S. 97-introduced day before yesterday) changing the time of holding Common Pleas Courts in Wabash county.]
By Mr. CULVER: [108] To allow county commissioners to organize turnpike companies in certain cases.
By Mr. FERGUSON : [109] To amend sec. 1 of an act defining who are persons of unsound mind, &c.; approved May 29, 1852.
By Mr. MURRAY : [110] To provide for the appointment of notaries public, defining their powers, &c., and repealing all acts now in force.
By Mr. MARCH: [111] To amend section 23 of an act for the relief of the Indiana University; approved March 2, '59.
[Mr. Ray was added to the Military Committee.]
On motion by Mr. ODELL, the rules were suspended-yeas 24, nays 1-and his bill [S. 89] to establish probate courts, was read the second time by title only, and referred to the Committee on the Organization of Courts.
Mr. JONES offered a resolution, which was adopted, instructing the Judiciary Committee to report whether by the Constitution and laws individuals who have advanced monies for the support of friends in the Insane Hospital, can legally demand that the money shall be refunded.
[Mr. Jones was added to the Committee on Banks.]
And then-
On motion, the Senate adjourned.
