HOUSE OF REPRESENTATIVES.
SATURDAY, February 16, 1861.Mr. KITCHEN desired, but failed to obtain leave to submit a resolution directing the Committee on the Affairs of the town of Indianapolis to inquire of the Board of Health as to the extent to which the small pox is prevailing at this time in the city. [Laughter]
Mr. KENDRICK. The small pox really is in the city.
Mr. COLLINS, of Whitley, presented a resolution of the 10th District Agricultural Society-T. G. Nelson, president-memoralizing the Legislature for a tax on dogs.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. BUNDY returned Mr. Brucker's alien land bill [64,] with an amendment, striking out all after the enacting clause, and inserting provisions to the effect. That it shall be lawful for non-resident aliens to acquire, inherit, hold and convey real estate to the same as though they were citizens of the United States for the term of eight years from and after the acquisition, at the final settlement of the estate from which it is derived ; and in case the alien is a minor, it shall be held in trust for such minor. 2. If such alien die before the expiration of the said term of eight years, then his heirs shall hold and enjoy his rights so acquired, if they also be non-residents and aliens; but if citizens of the United States they shall hold as though their ancestor had been a citizen, &c.; and so amended the committee recommend passage.
The report was concurred in, and the bill ordered to be engrossed.
Mr. VEATCH returned the bill [S. 7,] supplemental to the act of May G, 1852, concerning real property and the alienation thereof, recommending passage.
It was ordered to the third reading.
He also returned Mr. Stot en berg's fugitive biil [187], with a recommendation that it be laid on the table. The report admits that the bill contains many good provisions. It it almost an exact copy of the statute in the Revised, page 1030. But the first section is objectionable-giving power to the justice of the peace, &c., upon complaint, charging a person with crime, to cause such person to be arrested; and upon a mere preliminary examination to order such person to be conveyed out of the State, and removed to the State or terri page: 235[View Page 235]tory from which it is alleged he has fled. Such power should never be exercised but with the greatest caution, &c. But a graver objection in a legal point of view is, that it is clearly and manifestly in conflict with the the Constitution United States, which leaves the power of regulating arrests of fugitives labor or from justice as amongst the several States exclusively with Congress. [2d Ind. Reps p. 396, and the Prigg case, 16th Peters, p. 539.] &c., &c.
Mr. STOTSENBERG moved that the report be referred to the Committee of Thirteen on the State of the Union. He was only sorry that the Judiciary Committee had not spent as much time and labor in developing and combining the good parts of the bill, as they in exposing the parts objectionable. The gave the right of examination before proper tribunals, provided for testimony, and some way of getting fees-very much improving the present law in these respects It proposed nothing about fugitives from labor.
Mr. VEATCH. The committee did not think it any part of their duty to take up the subject and make a new bill.
Mr. BUNDY. It would deprive any person his liberty against whom there might be rought a frivolous charge.
The report was concurred in, and accordingly the bill was laid on the table.
Mr. WOODHULL returned Mr. Grover's bill [191] to amend sections 176 and 190 of the practice act, with an amendment striking but that which refers to section 190.The amendment was concurred in, and then the bill was ordered to be engrossed.
Mr. BUNDY returned Mr. Jones of Tippecanoe's bill [168] authorizing suits for alimony in certain cases, with a motion to lay it on the table; which was concurred in.
He also returned Mr. Roberts' Promissory Note bill [167], recommending passage.
It was ordered to be engrossed.
Mr. VEATCH returned Mr. Atkisson's Surviving Partners' bill [98], recommending indefinite postponement. The committee say, its iffect would be to tie up large amounts of property to the slow processes of administration ; but to meet one of its objects, they recommend a bill, numbered 238, entitled, A bill supplemental to the act of March 5. 1859, to require surviving partners to file inventories appraisements, and affidavits with the Clerk of the Court of Common Pleas.
The report was concurred in, and the new bill was passed to the second reading.
Mr. WOODHULL returned the committee bill [161] to amend the 11th section of the Treasury system act of 1859, with a motion to lay it on the table :
Mr. BINGHAM returned Mr. Moss' bill [177], to regulate the remission of fines and forfeitures, with the same motion:
These reports were concurred in.
Mr. CASON returned Mr. Wells' slackwater navigation bill [188], recommending passage.
It was ordered engrossed.
Mr. VEATH returned Mr. Parrett's salary bill [42], with a statement in writing that the sections (1 and 2) proposed to be amended fire very long and incorrectly recited in the bill. The only change proposed is to reduce the salaries of the Circuit Prosecutors, and provide a salary of $300 a year for the District, Attorney. They reason against the reduction, and recommend that the bill be laid on the table, and give place for a substitute.
Mr. PARRETT did not see any necessity for a new bill. The force of the objections of the report was confined to the reduction of $200 in the salary of the Circuit Prosecutor. Criminal matters now nearly all go to the Common Pleas, and that part of the duty of the Circuit Prosecutor was performed by the District Attorney. And the Circuit Prosecutor hncl fees in divorce cases, which the District Attorney did not get. Five hundred dollars a piece would be too much. The change he desired could not be made without the formality in his bill. He moved to re-commit.
Mr. PROSSER hoped the motion would not prevail. The salary of the Circuit Prosecutors was not sufficient now. He would rather give them $200 more than take one dollar from their salary. We have in general inefficient prosecutors-young men of little inexperience; and the reason was the insufficiency of the salary. They were unable to conduct important criminal cases.
Mr. PARRETT. Is not the largest part of the criminal business thrown upon the District Prosecutor?
Mr PROSSER. And the fees also.
Mr. PARRETT. Have not the Circuit Prosecutors the same fees?
Mr. PROSSER. They have. But in many cases the District Prosecutor makes more out of the minor prosecutions than the Circuit Prosecutor with his salary. People in his part of the State have to put their hands into their own pockets and hire help in criminal cases.
Mr. FISHER concurred generally in Mr. Prosser's remarks. The State would be the gainer by paying the judge's salary to the Circuit Prosecutor. He recited a case which had cost the State $500 in extra fees. Throwing the business into the Common Please did not change the case. Reduction of these salaries would work injury. He moved to lay the motion to re-commit on the table, which was lost, no quorum voting.
Mr. PROSSER proposed to amend Mr. Parrett's motion, by adding instructions to inquire into the expediency of raising the salary of the Circuit Prosecutors to $700, and giving the District Prosecutors $300.
Mr. PARRETT'S motion, thus amended, was agreed to by consent.
Mr. McLEAN obtained leave to introduce a biil [139], to amend the 6th section of the as page: 236[View Page 236]sessment act(exempting certain public property from taxation): which was passed to the second reading.
Mr. COLLINS of Adams, obtained leave to submit a resolution, which was adopted, instructing the Judiciary Committee to inquire and report on the question, as to who are entitled to the benefit of our common schools.
Mr. McLEAN, Mr. COLLINS of Whitley, Mr. KNOWLTON, and Mr HOLCOMB were successively refused leave to offer propositions out of order.
Mr. Anderson's highway bill [193] was passed the second reading, and referred to the Committee on Roads.
On motion of Mr. KNOWLTON, Mr. Bundy's Salary bill [143] was taken up and referred to a Select Committee, viz., Messrs. Knowlton, Veatch, and Edson.
Mr. Kendrick's Governor's House bill [194] and Mr. Fordyce's Sinking Fund bill [200], were referred to the Committee on Ways and Means.
Mr. Lane's Railroad Incorporation bill [195] coming up(Mr. L. stated that the only change of the act of 1852 proposed is to extend the limitation of railroad charters to 20 years instead of 10 years. They had a road in which a vast, amount of money had been expended, and the charter of that road would expire before the meeting of the next Legislature)and Mr. Hopkins' Courts of Conciliation bill [15] were ordered to be engrossed.
Mr. Burgess' bill [196], giving clerks probate jurisdiction ; Mr. Williams' bill [222], for the organization of Life Insurance Companies ; Mr. Thompson's bill [199](he said it made agricultural societies joint stock companies, and extended their right to hold land from 20 acres to 80 acres)these bills were severally referred to the Committee on the Judiciary.
Mr. Stotsenberg's bill [197]-Recorders to issue marriage licenses-was laid on the table.
WORK FOR COMMITTEES.
On motion by Mr. BRANHAM, the House proceeded to the consideration of bills on the second reading.
The Senate bill [S. 74] to amend the 4th (prairie lien) section of the Game laws, coming up on the second reading-
Mr. MOODY proposed to strike out "February" and "September," and insert "March" and "August."
Mr. KNOWLTON proposed to amend by way of a new bill not read.
Mr. HOLCOMB also proposed an amendment not read.
On motion of Mr. McLEAN, the bill and amendments were referred to the Committee on Rights and Privileges.The bill [S. 49] to provide for struck juries, &c., coming up-
Mr. FRASlER proposed (out of order) the word "moon" before the word "struck."
The bill was read the second time, and referred to the Committee on the Judiciary.
Mr. Parrett's bill [201] to create the 17th Judicial Circuit, &c., was read the second time, and referred to the Committee on the Organization of Courts.
Mr. Knowlton's mechanics' lien bill [202] to amend section 650, art. 6, of the practice act, was considered and referred to the Committee on Corporations.
Mr. KNOWLTON asked and obtained to introduce a bill [240] to fix the time of holding the courts of the 10th circuit, and to provide for adjourned terms-counties of Grant, Wabash, Huntington, Miami, Cass and Carroll.] It was passed to the second reading; and, under a suspension of the rules, it was read the second time, and referred to the Committee on Organization of Courts of Justice-together with-
Mr. FISHER'S amendment, "Provided that neither the Judge nor Prosecuting Attorney shall receive any extra compensation for holding such adjourned and special terms."
AGENT OF STATE.
Mr. McLEAN asked leave to introduce a concurrent resolution for a committee (three on the part of the House) to examine the books, papers, bonds, stocks. &c., in the office of Agent of State in Wall street, New York, and report whether the interests of the State require additional safeguards to be around said office; and that the Governor make such allowance for the service as he may think proper, &c.
Mr. NEBEKER objected. There was a resolution on that subject.
RAILROAD VALUATIONS.
The SPEAKER laid before the House a communication from the Auditor of State responding to a resolution of the 28th of January, for information in regard to the reduction of value in the assessment of railroads The Michigan Central has been reduced to $9,000 per mile; the Michigan Southern and Northern Indiana to $8,000; the Pittsburg, Ft. Wayne and Chicago 7,000; the Louisville, New Albany and Chicago $750; Cincinnati, Peru and Chicago $1,500; Jeffersonvilie $3,000; Madisonviile and Indianapolis $4,000.
It was referred to the Committee on Ways and Means.
GIBSON COUNTY SWAMPLANDS.
Mr. HOLCOMB asked, but was refused leave, to submit a resolution directing the State Auditor to report the amount of swamp land funds received and placed to the credit of Gibson county-the amount paid out-to whom and for what purpose.
The SPEAKER announced Mr. Bingham as Chairman of the Committee to consider Mr. Fisher's resolution for the expulsion of Messrs. Moody and Heffren-Mr. Veatch having been excused on account of personal considerations.
The House then adjourned till Monday o'clock p. m.
