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.
