HOUSE OF REPRESENTATIVES.
TUESDAY, February 5,1861.On motion by Mr. STOTSENBERG, it was ordered that the State Historical Society have the use of this Hall to-morrow evening.
Mr. HAYES (by unanimous consent,) submitted a resolution, which was adopted, instructing the Judiciary Committee to inquire into the constitutionality of a law apportioning the State for senatorial and representative purposes, having been made under the Constitutional provision in the 4th section of the 4th article.
page: 173[View Page 173]PETITIONS.
Mr. STOTSENBURG presented the petition of sundry citizens of Clarksville, in Clark county, submitting that the fund referred to in the 16th section of the schedule of the Constitution, are not applied according to the intention of that instrument, and asking for legislation in the premises. It was referred to the Committee on Education.
WORK FOR COMMITTEES.
On motion by Mr. DAVIS, the House proceeded to the consideration of bills on the second reading.
Mr. Orr's bill [87,] exempting parsonages from taxation ; Mr. Kurd's bill [95,] to provide a board of seven examiners for physicians and surgeons, with Mr. Roberts' s amendment for three members of the board in each Congressional district; and Mr. Stotsenberg's amendment for defining specifically the misdemeanor to be punished, were severally referred to the Committee on Rights and Privileges.
Mr. Packard's bill [88,] to repeal section 13 Of the justices' act; Mr. Gifford's bill [92,] prescribing the duties of clerks, justices, auditors, and treasurers, in reference to jury fees, fines, forfeitures, and unclaimed fees ; Mr. Atkisson's bill [98,] to amend section 3 of the act of March 5, 1859, requiring surviving partners to file inventory, &c.; Mr. Brucker's bill [99,] to amend the act for the safekeeping of the public moneys; Mr. Packard's select committee bill [109,] to regulate insurance prior to the 17th of June, 1852 ; and Mr. Erwin's bill [113,] to amend the recorder's act of May 21, 1857, were severally referred to the Committee on the Judiciary.
Mr. Henricks's bill [97,] to amend sections 6, and 7 of the divorce act of March 13, '52; Mr. Atkisson's bill [96,] to amend sections 2, 3, 4, and 5 of the act for working highways on county lines; Mr. Williams's bill [103,] to providing bridges across streams dividing counties, were severally referred to the Committee on Rights and Privileges.
Mr. Roberts's bill [89,] to amend section 9 of the general banking law, and Mr. Hayes's bill [111,] to amend section 6 of the general banking law of March 13, '55, with Mr. Edson's amendment, "That no stocks or bonds shall be deposited except Indianas and United States," were referred to the Committee on Banks.
On the motion of Ms. STOTSENBERG, Mr. Collins of Whitley's bill [152,] to amend section 19 of the common pleas act of March 5, 1859, (affecting the terms in Whitley county, &c.,) was considered, and passed the third reading in the House of Representatives-yeas 73, nays 6.
A Senate message announced the passage of sundry bills.
Mr. Turner's bill [90,] providing for registration and defining the residence of voters ; and Mr. Dobbin's bill [110,] to amend section 4 of the act regulating special elections, were referred to the Committee on Elections.
Mr. Collins of Whitley's bill [93,] apportionment for senatorial and represeutative purposes, was referred to the Committee of Eleven on that subject.
Mr. McLean's bill [94,] appartioning the pay of common pleas Judges amongst the counties, was ordered to be engrossed.
Mr. Brucker's bill [100,] to authorize county commissioners to sign certificates of purchase of saline lands for school house sites, &c., was referred to the Committee on County and Township Business.
Mr. Jones of Tippecanoe's bill [101,] to repeal two sections of the act of Feb. 12, 1855, extending terms of circuit courts by adjournment, &o., was referred to the Committee on Organization of Courts of Justice.
GAME LAW.
The bill from the Committee on Rights [102,] to amend sections 3 and 4 of the game law, coming up-
Mr. WOODS proposed to amend the section relating to prairie hens, by striking out "the first of August" and inserting "the first of September." It was well known that during the month of August the prairie hens were so small that they were not worth killing ; and the Chicago hunters invaded the fields of the farmers at a time when they could not take part in killing the birds they had fed, &c.
Mr. MOODY. August was the best month in the year to hunt prairie hens. The gentleman could gain his object by adding a penalty to prevent hunters from entering inclosures, and he would vote for it. On his motion, the amendment was laid on the table.
The bill was then ordered to be engrossed.
THE MILITIA.
Mr. Gresham's bill [105,] for the organization of the militia, to provide a military fund, to provide for its disbursement, &c., coming up-it was passed the second reading, by title, under a dispensation.
Mr. ROBERTS proposed various amendments, and moved that the bill with the amendments be referred to the Committee on Military Affairs. He did not think this bill, in its present shape, could ever pass this House. Its passage and approval by the Governor would be equivalent to the passage of a military despotism in this State. The people of Indiana would not comply with its provisions-never would submit to them. Courts martial, by this bill, were invested with as much power ac the Circuit and Common Pleas Courts in time of peace: and it gives into the Governor's hands as much power as that exercised by the Czar of Russia. Whenever he believes the public danger requires it, he has the power to compel every man in the State required to bear arms to muster into active service. It was left to his discretion. In his opinion,when the exigencies of war require it, there is love of country enough to respond to the proper page: 174[View Page 174] call from the General Government, and rally to the standard by thousands and tens of thousands. The history of the Mexican war showed this. There were more troops volunteered than- there were places for them.
The bill was referred to the Military Committee.
On motion by Mr. HEFFREN, his bill [146] regulating the same interest, was taken up,, passed to the second reading by title, (under dispensation,) and referred to the same Committee.
The Judiciary Committee's bills [106, 107] to amend the 12th section of the misdemeanor act. of June 15, 1852, and to amend section 343 of the Practice Act, were ordered to be engrossed.
Mr. Packard's Select Committee bill [108] to regulate foreign insurance, was ordered to lie on the table, and be printed.
MOREHEAD, HALL & CO.
Mr. JONES of Tippecanoe's bill [112] providing for examination and adjustment of the claims of Morehead, Hall & Co. for work done on the Wabash and Erie Canal, coming up-
Mr. CASON moved an indefinite postponement.
Mr. JONES of Tippecanoe. This was not a bill asking the legislature to appropriate money. It proposed to refer this claim to a board, to be investigated. He thought the bill should go to a committee. The board was the Attorney General, Secretary, Auditor and Treasurer of State. They were to ascertain whether there was anything due, and report.
Mr. SMITH of Bartholomew. This claim was presented here four years ago, and occupied a considerable portion of the time of the session. There were men here lobbying, and attorneys urging the propriety of allowing the claim: and he remembered conversing with men of information in the matter who affirmed, that there were more than fifty other claims of the same class ; and Governor Wright had told him that Morehead himself was disgusted with the application and ready to give it up, because it cost him so much.
Mr. FISHER had examined the testimony in this case-knew the witnesses-honorable men. But the examination had stopped short of getting at the gist of the case. It did not show the matter as the same witnesses would have shown it if the examination had proceeded farther. But what would induce him to vote for the postponement was, taht the Attorney General (one of the Board) had prejudged the case-had given his opinion that the State is debtor to Morehead & Co.; something more than $9000 and and 15 years interest. He had succeeeded the general superintendent in charge of that work, and knew what he stated.
Mr. NEBEKER. Was not this case identical in principle with the Beard case ?
Mr. FISHER. It was entirely different.
Mr. CASON. It was an old case requiring strict investigation. The Attorney General, instead of looking to the interest of the State, under this bill, could do no more than hear the case as a judge. He concurred in the motion to postpone.
Mr. FISHER. Morehead, Hall & Co., were contractors. They failed to give assurance to the superintendent (Lucas), of completing the work in time, and Lucas took it from them and placed it in the hands of an agent. If they were deprived of their contract illegally the amount of damages the company sustained would be the measure of relief. He supposed it could be shown in evidence, that this company had done the most profitable portion of the work before it was taken from them; and also that it cost, the State more to finish the work, than it would have cost under their contract.
Mr. PARRETT supposed the bill had better be postponed. It was doubtful whether the claim was good or not-doubtful whether the State was liable. He thought the interests of the State would be better protected in the courts. If Lucas's act was tantamount to declaring the contract void, then the State is liable. But we might spend all the time of the session on private claims like this. Besides, the public officers had all they could well do, and it were unwise to add to their responsibilities. He should not wonder to see hundreds of claims for damages of this sort coming up from the north part of the State.
The bill was indefinitely postponed.
ONE SESSION A DAY.
On motion of Mr. CAMERON, his resolution to change the sessions to one session a day, was taken up.
Mr. SHERMAN and Mr. WOODHULL favored the change.
Mr. SMITH, of Bartholomew opposed.
Mr. COLLINS, of Adams, proposed to amend so that the rule shall not be in force beyond the 20th of February.
Mr. PROSSER proposed to limit the rule to the 10th of February.
Mr. ANDERSON proposed to fix the adjournment each day, at 12 o'clock.
Mr. EDSON proposed that the House meet at 8 o'clock in the morning.
Mr. FRASIER demanded the previous question, and under its force, the amendments were rejected, and the resolution of Mr. Cameron was adopted-yeas 57, nays 20.
AFTERNOON SESSION.
Mr. Lee and Mr. Black has leave of absence on account of sickness.
Mr. ROBERTS (by unanimous consent) presented the petition of Jacob Miller and others, for a tax of five dollars on dogs; which was referred to the Committee on Agriculture.
The SPEAKER announced the special order viz: the consideration of Mr. Branham's bill [1] the Embezzlement bill, entitled, an act defining certain felonies and misdemeanors, and page: 175[View Page 175]prescribing punishment therefor, and providing certain evidence on the part of the State -the question being, Shall the bill pass the 3d reading?
Mr. HEFFREN submitted that the bill should be amended in the last section, so as not to take effect and be in force till its publication ; which was agreed to.
Mr. FRASIER inquired how, as required in the 11th section,the Auditor could know whether or not there was money in the Treasury begging to any particular fund, &c.
Mr. HEFFREN. That was for preventing school funds from being illegally drawn.
Mr. VEATCH. If the Auditor's books were rightly kept, he would always know what money was in the Treasury belonging to each fund.
The bill was passed the final reading in the House by yeas 74, nays 2-one present and refusing to vote.
Its leading provisions are : 1. Making it a felony for any officer or other person entrusted with money, fund, security, &c., of the State, to convert them to his own use, &c. He shall be deemed guilty of felony, punishable with confinement in the penitentiary not less than one nor more than twenty-one years, and in a fine not exceeding the value of the money, &c., so used; and refusal to pay over to person entitled to receive, to be held as evidence of such felony. 2. False statement of the amount of money on hand, to be a felony,-confinement not less than one nor more than fourteen years. 3. If the Treasurer of State shall pay out or receive any public money, except as prescribed by law-not less than fifty dollars, nor more than five hundred, and imprisoned in the county prison not less than one year. 4. If he accept any warrant or voucher from any creditor of the State without having paid the same to such creditor, in such funds as he may have received for disbursement-he shall be fined in a sum equal to the amount withheld, and confined in the county jail-not less than one nor more than twelve months. 5. If the Secretary, Auditor, or Treasurer of State shall receive any fee or perquisite, and fail to report it to the Treasury-he shall be fined in double the amount so received and imprisoned in the county jail-same term. 6. The Treasurer of State refusing to pay funds to the person entitled to them, or failing to deliver up money papers at the expiration of his term-to be imprisoned in the Penitentiary not less than one nor more than twenty-one years, and fined in any sum equal to the amount withheld. The remaining sections prescribe punishment where a State officer prevents examination of his office under authority: To punish the Auditor if he draw a warrant on the Treasury when there is no money for the purpose: and to punish the Treasurer if he pays any claim out of another fund than that appointed for the especial purpose.
Mr. STOTSENBERG quastioned whether the title expressed the subject matter of the bill, as required by the Constitution.
But it was not disturbed.
WORK FOR COMMITTEES.
Mr, Packard's bill, [114] To amend the first section of the act of May 20, 1852, for the incorporation of Manufacturing Companies, so as to allow of the supply of motive power and cities with water, was considered on the second reading, and referred to the Committee on Corporations.
Mr. Burgess' bill [115] To amend the exemption acts of 1852 and 1859 : Mr. Brucker's (descent) bill, [126;] Mr. Bundy's bill [129] To amend section 178 of the decedents' estates act of June 17, 1852, Mr. Stotsenberg's bill [130] requiring certain pleading to be sworn to ; Mr. Hopkins' bill [131] To vacate canal in Evansville; Mr. Speaker Allen's bill [134] in relation to witnesses-practice act, section 283; Mr. Packard's bill [134] To amend section 476; Mr. Jenkinson's bill [139] for married women, and Mr. Bundy's bill [143] To repeal section 9 of the fees and salaries act were severally referred to the Judiciary Committee.
Mr. Cason's bill [116] To require patent medicines to be labelled with their ingredients; Mr. Edson's bill [135] To amend section 6 of the assessment act so as to exempt personal property of widows to the value of $300 from taxation; Mr. Sherman's bill [140]-President of Sinking Fund to make deed (for old State Bank)-were severally referred to the Committee on Rights and Privileges.
Mr. Fisher's bill [117]money for the State Agricultural Board$4,000was referred to the Committee on Agriculture.
Mr. Stotsenberg's bill [118] To authorize Judges to make orders in vacation; and Mr. Edson's bill [124] to correct defects of deputy clerks, were referred to the Committee on the Organization of Courts.
Mr. Knowlton's bill [91] Extending the Eel River Seminary act of June 27, 1847, was referred to the Committee on Corporations.
Mr. Heffren's bill [121] To authorize county work houses, was referred to the Committee on County and Township Business.
Mr. Jones of Vermillion's bill, [122] To make Vermillion, Parke and Putnam a common Pleas district, was referred to a Select Committee of Three.
Mr. Jenkinson's bill, [123] For vacation of streets and town lots, and Mr. Gifford's bill, [127] To give Common Pleas clerks custody of probate papers, were referred to the Committee on the Organization of Courts.
Mr. Kendrick's bill, [125]-Punishment of election frauds-(with a substitute by Mr. Parrett) was referred to the Committee on Elections.
Mr. Bryant's bill, [132] To amend the 23d section of the assessment act, was referred to the Committee on Ways and Means.
The Committee bill [136] To protect fish; page: 176[View Page 176] and Mr. Edson's bill, [142] To amend section 51 of the act of June 14, 1852, (so as to limit the sanction of the usury law to $1,000) were ordered to be engrossed.
The Committee's bill, [137] To amend sections 94 and 95 of the assessment act; Mr. McLean's bill, [138] To restore the city corporation law of March 9, 1857; and Mr. Knowlton's bill, [144] To amend section 94 o the assessment act, were severally referred to the Committee on County and Township Business.
Mr. Anderson's bill, [141] To amend the 20th section of the Supervisors' act, coming up-
Mr. Combs proposed to amend by striking out all that relates to taxing land by the acre &c.
The bill and proposed amendment were referred to the Committee on Roads.
The House then adjourned.
