IN SENATE.
MONDAY, February 18,1861.On motion of Mr. MURRAY, the reading of Saturday's journal was dispensed with.
REPORTS FROM THE JUDICIARY COMMITTEE
Were made, returning the following bills, with the recommendations severally named :
- By Mr. MARCH: His bill 157, amending sections 1, 11, and 12 of the exemption act of 1852-passage.
- By Mr. CONNER: His bill 101 concerning auditor's tax deed-passage with amendments.
- By Mr. CLAYPOOL: Senator Dehart's bill, 163, to amend sec. 467 of the Practice Act-passage.
- Mr. DEHART, from the Committee on Printing, returned Senator Wagner's bill, 172, recommending passage.
Which reports were severally concurred in.
PETITIONS, MEMORIALS, &C.
By Mr. CARNAHAN: Praying that members of the Legislature may be required to put their names upon the record on the bill providing for the payment of losses sustained by sheep-killing dogs; which was referred to the Committee on Agriculture.
By Mr. HAMILTON: which was referred to the Committee on Federal Relations without reading.
SESSION HOURS.
Mr. MURRAY offered the following :
Resolved, That the rule upon the meeting and adjournment of the Senate be so changed as to require two sessions as formerly, to take effect from and after to-morrow, at 2 o'clock.
Which was adopted by yeas 24, nays 12.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading :
By Mr. WHITE: [198] making thirty days immediately preceding the meeting of county boards sufficient notice of the location, vacation, or change of highways.
By Mr. STONE: [194] empowering county boards to employ competent persons at any time, to investigate the books, vouchers, accounts, &c., of County Auditors and Treasurers.
By Mr. CARNAHAN: [195] To secure the collection of rent in certain cases, and to enable persons of small means to rent lands without giving personal or other security therefor.
By Mr. WILSON: [196] To amend section 6 of an act concerning interest on money, approved May 27, 1852.
By Mr. MILLER: [197] To exempt from taxation for corporation purposes, personal estates under the control of guardians in certain oases.
CONGRESSIONAL RE-DISTRICTING OF THE STATE.
The PRESIDENT laid before the Senate an official statement of the population of Indiana, under the 8th census.
On motion by Mr. MARCH, it was referred to a joint Committee of five on the part of the Senate, and six on the part of the House, to be appointed by the presiding officers thereof after consultation, so that one committee man may be chosen from each district.
A MESSAGE FROM THE HOUSE
Announced the passage by that body of the joint resolutions, S. 6-see pages 68 and 158 ; also, the passage of the bill [H. R. 89] to authorize the formation of new counties, and repealing all laws inconsistent therewith.
BANKS AND BANKING.
Mr. Claypool's bill 86-see pages 86,150,219 of these reports-being read the third time-Mr. C. explained his bill, as heretofore.
Was finally passed by yeas 86, nays 2.
JASPER AND NEWTON COUNTIES.
On motion by Mr. TURNER, the bill [H. R. 119] concerning the tax duplicate of Newton county, being read the third time.
Mr. TURNER explained its provisions.
Was finally passed by yeas 40, nays 0.
STATIONERY AND POSTAGE FOR MEMBERS; AND
AN
OFFICIAL REPORTER FOR EACH HOUSE.
On motion by Mr. CONLEY, his bill [S. 55] providing for stationery and postage [$20] for members of the Legislature, for the employment of reporters, and the publication of its proceedings in certain newspapers was taken from the table.
Mr. CONLEY explained its provisions.
Mr. BEESON mode an ineffectual motion to recommit to the Committee on Finance, by striking out "$10" (each of stationery and postage), and insert "$5."
Mr. MURRAY. This bill provides that our reports shall be the same as are now published in the BREVIER LEGISLATIVE REPORTS, and I undertake to say that you cannot get a single paper in this city to publish these reports in full. Now, what condition will the Legislalature be in ? We will hire Reporters, and then we have got to pay printers for publishing their reports. Look over the Sentinel, at the reports made up by the gentlemen who are engaged in making up these BREVIER REPORTS, and you will see they are cut down nearly one-half you read along, and every once in a while you see a paragraph to this effect: "After proceedings, which are crowded out;" or "further proceedings will appear in the BREVIER LEGISLATIVE REPORTS." The Sentinel is unable to find room for these reports; but we take, three of these papers-all we propose to take if we hire our own Reporters-and still the Sentinel curtails these reports one-third, or nearly one-half. It does seem to me that is a bad arrangement, and we would have to go to the double expense of hiring printers after hiring Reporters. Another thing: I think $10 is putting it on pretty steep for postage stamps, and $10 for stationery ; that makes $20, in addition to the pay we all have, which is an indirect way of raising our wages.
Mr. MARCH. $10 seems to me to be an extravagant amount for stationery. If we propose to raise our wages, I would prefer to do it open page: 238[View Page 238] and above board. I move to recommit with the following instructions: strike out "$10," and insert "$5," so far as it refers to stationery.
Mr. CONLEY. These reports are very full, and this bill provides the papers cannot be taken unless the reports are printed in full. If the papers do not so publish them, we are under no obligation to take them. It would reduce the number of papers usually taken by the Legislature.
Mr. MURRAY [interrupting.] What is the use of hiring Reporters if our proceedings are not to be published?
Mr. CONLEY. I understand the two leading journals of this city will publish them-their subscribers will demand it of them.
Mr. MURRAY moved as additional instructions to strike out "$10" and insert "$6."
Mr. BLAIR moved as additional instructions to strike out all that relates to the publication of the proceedings of the Legislature and the taking of Daily papers.
The motion to refer was agreed to.
PURE BEER, WINE OR CIDER.
Mr. LINE'S bill 8see page 25 of these reports-being read the third time-
Mr. L. said: The only amendment to the law of 1859 is that this bill simply permits persons to sell unadulterated beer, native wine and cider without license.
Mr. RAY. I am opposed to the bill because our present law is bad enough and it would be unjust to the whisky sellers that have paid for their license to plant hundreds of little lager beer and adulterated wine saloons around them, to debauch the community still worse than it now is. Whisky shops are bad enough when held under strict responsibility, but when you give a loose rein to whisky shops under such a bill as this, you might as well abolish all law, and give them a free right to the track.
Mr. NEWCOMB. I coincide with the remarks made by the gentleman from Shelby, [Mr. Ray.] We have a law which is satisfactory to the people. I move, as a test now of the sense of the Senate, to re-commit, with instructions to amend by providing that a license may be granted for the sale of pure beer, wine and cider, for half the price now charged.
Mr. LINE. I hope the Senate will not consent to refer the bill, but will take the question fairly upon it as it is.
On motion by Mr. LANDERS, the bill and pending instructions were laid on the table by yeas 26, nays 10.
[Leave of absence was obtained for Mr. Mellett during the week.]
[Mr. Wilson's bill 17-see page 3O of these Reports-being read the third time, Mr. MARCH called attention to the fact that this bill was laid upon the table in accordance with a recommendation of the Judiciary Committee[see page 193 of these Reports.] The Secretary's record being against him, on his motion the bill was laid on the table.]
WHO MAY ADMINISTER OATHS GENERALLY
Mr. Dickinson's bill 25-see page 30 of these Reports-coming up-
On Mr. D.'s motion, by unanimous consent, notaries public were included in the bill.
It was finally passed by yeas 38, nays 0.
PRIVATE ROADS
Senator Miller's bill 36-see page 66 of these Reports-being read the third time-
Mr. MILLER. There is no law on the statute book allowing a person to have a private road through another's land, and this bill provides a way.
Was finally passed by yeas 36, nays 3.
DOCKET BOOKS FOR JUSTICES OF THE PEACE.
A Select Committee's bill, 38-see page 46 of these Reports-being read the third time-
Mr. CLAYPOOL. This bill tends in a small way to create a large expense. It will take $150 out of the county treasury every year or two. We have had no difficulty or complaint from justices in reference to their books. If their business will not justify a docket, they had better resign.
Mr. LINE. The Select Committee drew up that bill in compliance with a petition. Why do you ask justices of the peace to get their own dockets, when you furnish every other class of county officers with their books? The justice receives poor compensation, and he renders a great deal of service to the State, for which he gets no pay at all. It seems to me as a matter of right to justices, that the people of the State of Indiana should furnish their dockets. It is public property, and he must surrender it when he goes out of office.
Was passed by yeas 26, nays 14.
TO PREVENT ILLEGAL VOTING.
Mr. Landers' bill 46-see page 69 of these Reports-being read the third time-
Mr. LANDERS. Senators will see the penalty is increased in this bill for the violation of the election laws. Under the old law the penalty was not sufficient to prevent illegal voting. I am satisfied this bill will tend, to a great extent, to preserve the purity of the ballot box.
Was finally passed by yeas 38, nays 2.
STOCK KILLED BY RAILROADS.
Mr. Craven's bill 48-see page 69 of these Reports-being read the third time-
Mr. HULL moved to recommit, with instructions that the Committee on Corporations so amend the bill as to provide for reciprocal responsibility in maintaining the fences along railroads where the same may run through farms, to be built by the railroads ; railroads shall not be held responsible for the killing of stock at the crossings of public highways, nor except in cases of negligence on their part; but if by the carelessness of farmers, the road is to pay one-half the assessed value of the page: 239[View Page 239] stock so killed-and if payment be delayed beyond thirty days, then the full value.
[A message from the House announced the passage of the bill [H. R. 5], limiting the power of County Commissioners in the assessment and collection of taxes.]
Mr. HULL. I hope the bill will be recommitted, that both parties may be made reciprocally responsible. If a railroad company should build good fences, they would not remain so unless the farmers were partly ressponsible for keeping them up. It is my desire that justice should be done to both parties. A portion of these instructions are substantially such as are proposed by the Ohio and Mississippi Railroad Co.
Mr. SHIELDS. The amendment is wholly inoperative, I think, in every particular; and the bill is insufficient to make the regulations the people demand.
Mr. CONNER moved to amend the amendment (though opposed to the instructions even after being so amended), by striking out all that part that requires owners of lands adjoining railroads to aid in fencing the road or maintaining the fence.
Mr. HULL accepted the amendment.
Mr. RAY. The bill as reported ought to pass. It is desired to remedy what is supposed to be a weakness in the present law.
Mr. MURRAY. I am in favor of striking from the bill all that relates to the liability of railroad companies for stock killed at the crossings of public highways. I think it is unjust lo impose upon them liabilities, when it is impossible to protect themselves.
Mr. CRAVEN obtained the floor, but the hour for adjournment cut off his remarks.
And then the Senate adjourned.
