IN SENATE.
THURSDAY, February 7,1861.Mr. WILLIAMS introduced a bill [128] to apportion Senators and representatives for the next six years, which was passed the first reading, without objection; rules suspended-yeas 42, nays 0-read the second time by title only and referred to the Committee on Apportionment.
[Leave of absenee was obtained for Mr. Shoemaker till Tuesday.]
Mr. MELLETT offered a resolution which was adopted authorizing the appointment of a joint committee on apportionment-identical with the one introduced by Mr. Cameron and passed by the House yesterday.
Mr. STUDABAKER offered a resolution which was adopted, directing the Committee on Education to inquire into the expediency of so amending the school law as to fix a day annually when the county auditor and treasurer shall sell all lands mortgaged to. the school fund on which the interest shall not previously have been paid; making semi-annual distribution; the county auditor and treasurer to report under oath the amount of the school fund loaned in their counties, and the amount of interest distributed.
Mr. MURRAY presented two petitions from citizens of Elkhart county, praying for protection against sheep killing dogs; and Mr. HAMILTON one, which were referred to the Committee on Agriculture.
REPORTS FROM COMMITTEES.
Mr. COBB, from the Committee on the Organization of Courts, returned Mr. Tarkington's bill [S. 100] to create the fourteenth judicial circuit, recommending passage.
Mr. STONE, from the Committee on Roads returned a resolution, [see page 80 of the Reports,] and also a bill in accordance there-with [S. 129] to amend section 15, chapter 48 of the Revised Statutes-being an act concerning the opening, vacating and change of high-ways, &c., approved June, 17, 1852; go that when a change is granted by the county commissioners the petitioner shall pay all expenses incurred, if the change is on his own land and not of public utility, which was passed the first reading.
Mr. HULL, from the Committee on Roads returned the resolution asking an amendment of sections 19, 22 and 23, of the act regulating change, vacation, or location of highways, approved June 17, 1852; reporting no further legislation necessary.
These reports were severally concurred in.
NEW PROPOSITIONS.
The following bills were read and passed the first reading without objection:
By Mr. MILLER: [130] To amend section 11 of an act touching the laying out and vacating towns, &c.
By Mr. MELLETT: [131] To repeal an act to amend 138 section of an act to provide for the settlement of decedent estates, &c., aproved June 17, 1852, approved March 7, 1857, and to assist in the settlement of the estates of decedents.
By Mr. MELLETT: [182] To repeal sections 117 and 118 of the above recited act.
By Mr. BEESON: [133] To authorize the killing of dogs that are found running away from their masters, to provide for licensing dogs in cities and towns, and an allowance out of the county treasury to the owner of sheep killed by dogs.
By Mr. MURRAY: [134] To license dogs and provide for the payment of all damages sustained in the killing of sheep by dogs.
By Mr. LANDERS: [135] An act declaring a commission merchant, attorney at law, or railroad conductor who commits a breach of trust, a felon.
By Mr. NEWCOMB: [136] To amend sec. 6 of an act to provide for the organization of courts, &c, approved June 17, 1852.
By Mr. MILLER: [137] To repeal an act to provide for the voluntary assignments of personal and real property in trust for the benefit of creditors, &c., approved March 5, 1859.
page: 185[View Page 185]By Mr. MARCH. [138] To amend section2 of an act to amend sections 207 and 208 of the practice act, approved June 18, 1852, so as to authorize a change of venue in certain cases, approved March 5, 1859.
By Mr. SHOULDERS: [139] To amend sec. 5 of the liquor law, approved March 5, 1859.
By Mr. LOMAX: [140] An act supplemental to an act to provide for the colonization of negros and mulattoes.
By Mr. BLAIR: [141] To amend section 34 of the revised statutes of 1852, entitled an act to provide for the incorporation of railroad companies, approved May 11, 1852.
By Mr. MILLER: [142] To authorize the trustees of Indiana University to appropriate a certain amount ($1,000) to enlarge the library, &c.
[The PRESIDENT announced the special order for this hour (10 o'clock) to be the consideration of the minority report of the Committee on Federal Relations, identical with the joint resolution S. 4-see page S. 44 and 45 of these reports. On Mr. Anthony's motion it was made the order for this day week at this hour.]
By Mr. CONNER: [143] To authorize the Bank of the State to lay off and create five additional bank districts, and to create and establish branches therein.
By Mr. NEWCOMB: [144] To amend sec. 6 of the assessment and valuation act, approved June 21, 1852, so as to exempt certain property therein named from taxation.
By Mr. NEWCOMB: [145] For the incorporation of companies for agricultural, horticultural and nursery purposes.
By Mr. ANTHONY: [146] In relation to petit juries. [Either party shall have the right to challenge a juror, and assign for cause such person has acted as jury in said county within one year preceding.]
By Mr. MURRAY: [147] To repeal all laws for the organization of militia of this State.
REPEAL OF THE NEW COUNTY ACTS.
The Senate resumed the consideration of the unfinished business of yesterday-being Mr. Turner's bill [S 43-page 69 of these Reports] to repeal the acts of 1857 and 1859 and to authorize the formation of New counties. The question being upon Mr. Hull's amendment to the amendment-
Mr. TURNER. This bill submits the matter of change of boundaries or the formation of new counties to the vote of the citizens of the county or counties to be affected by such change. As the law now stands, all that is required is a majority of the citizens of the territory designed to be so set off, to act in the matter.
Mr. STEELE. This bill is now precisely as the act of 1859 left the Senate two years ago. Both the House and the Senate voted for that act, expecting the very provisions now proposed were in it; but by some hocus-pocus of the clerks of the House, it does not appear in the law.
Mr. CONLEY explained the effect of the bill.
Mr. MURRAY. The constituents whom I represent having a deep interest in this question, I feel it to be a duty I owe to them to oppose the measure before the Senate ; and not only on account of their interests, but it is against what I conceive to be a correct and fair mode of legislation. It does not give Senators a fair opportunity to express their opinions upon the two distinct propositions embraced in the bill. If gentlemen desire to repeal the law of 1857, why do they not come in here with a bill for that purpose, and for that purpose alone. I am willing to meet gentlemen on these two propositions if they will divide them and give us fair play. If gentlemen had come in with a proposition that the people should have no right to transfer themselves under any circumstances whatever, i would have amounted to the same thing, as thp object of this bill is to cut off the people of a portion of one county from removing, where their interests demand that they should go, to another county. [Mr. M. referred to a casein which a portion of his constituents were interested, and stated that the passage of thip law would work seriously to their disadvantage.] I am willing to take the amendment of the Senator from Wabash, provided il saves the cases pending before county commissioners.
Mr. HULL. I am surprised at seeing gentlemen advocating principles which do not allow majorities to rule. I move to lay the pending amendments on the table.
Mr. TARKINGTON. I move to lay the bill and the pending amendments on the table.
Mr. CONNER demanded a division of the question.
[A message from the House announced the passage of the resolution similar to the one adopted by the Senate this morning, submitted by Mr. Mellett.]
Mr. Hull's amendment was laid on the table, by yeas 23, nays 22.
Mr. Conner's amendment was laid on the table upon a division.
The motion to lay the bill on the table was rejected by yeas 16, nays 28.
Mr. ANTHONY. All this has arisen for the reason suggested yesterday by myself, thai Senators attempt here to consult their own individual interests, rather than legislate upon general principles which ought to govern us all. This body passed a law by which certain vested rights were acquired; and the Senate now, for the simple reason that then their action was wrong, propose to take away those vested rights and inflict injury upon those people. Not one good reason has been given for the repeal of this bill. I move to refer the bill and pending amendments to the Judiciary Committee, with instructions to inquire into the constitutionality of said bill, and append page: 186[View Page 186] amendments which will prevent litigation. I think there is a very considerable question whether the bill proposed to be passed is a Constitutional act.
Mr. SLACK moved to recommit, with instructions, so as to provide that all cases commenced or pending in any courts in this State whereby new counties have been formed, or proceedings pending under the acts of 1857 or 1859, shall not be affected by the passage of this bill. Mr. S. said, I care nothing about this bill one way or the other. I know I voted against the law of 1859 two years ago; I am in favor of repealing them both ; I think they ought never to have been passed, but I will not vote for their repeal unless there is a claus adopted saving the rights we then conferred upon the people.
Mr. WHITE. So far as I am concerned, it makes but little difference whether this law be repealed or not, if it be with a saving clause; all the mischief you can do us will be done by a saving clause. I hope the bill will be passed as it is.
Mr. JOHNSON. There is as great feeling in opposition to 'the new county proposed in my district within its own bounds as any where else. A large majority of the people I represent are opposed to it. I voted for the law of 1859, but it was represented to us that it was solely for the purpose of accommodating some of the people of the northern part of the State-for their benefit and nothing else. I was then of the opinion that the law would be of benefit to the country, but since that time I have been convinced that the entire law is wrong.
Mr. CLAYPOOL. It seems to me it is right and proper that this matter should be referred to the Judiciary Committee. I need not say that I have no personal interests in this matter. Hasty and inconsiderate legislation is very much to be deprecated. Almost every a gentleman who has been connected with this I transaction has given ample testimony to that fact, and yet, in the face of that, they attempt to drag us into the same difficulty. So far as I am concerned, I will stand in this Senate and beat back this idea. I have not made up my mind in reference to this bill, and until I know the bearing it will have upon the State at large, I can not vote upon it.
On motion by Mr. HULL, the motion to refer to the Judiciary Committee was laid on the table.
Mr. CRAVEN. I move to concur in the report, with an amendment providing, that nothing in this act shall affect any proceeding had or pending before any board of county commissioners or other court, under the act of 1857. Let this amendment be adopted, and I will vote cheerfully for the repeal of the two acts.
An ineffectual motion was made-yeas 17, nays 28-to lay this amendment on the table.
Mr. TURNER. I desire to amend the amend the amendment by inserting, in the proper place, that nothing in this proviso shall be so construed as to apply to cases where petitions for a change have been filed before any board of county commissioners, and no other proceedings have been had.
Mr. NEWCOMB. I move to refer the bin and pending amendments to the Judiciary Committee to determine this question, and to examine all its legal bearings. I desire to go work understandingly. I think this whole system of legislation with regard to new counties has been unfortunate.
Mr. CONLEY. If that bill can be reported back at an early day, and these amendments go not as instructions, I would be willing for the reference.
The motion was agreed to.
Messrs. Turner, Hull, Ray, Cobb and Miller submitted further amendments by way of instructions which were referred to the Committee without reading.
INDIANA AGRICULTURAL REPORTS.
Mr. MURRAY offered a resolution, which was adopted by consent instructing the Committee on Agriculture to report the cost of publication and transportation of the Indiana Agricultural Reports; the amount of money annually appropriated for that purpose, and whether the salaries of officers of the State Board cannot without detriment be reduced one half.
[Leave of absence was obtained for Mr. Shoulders till Monday week.]
And then the Senate adjourned.
