HOUSE OF REPRESENTATIVES.
MONDAY, February 18, 1861.PETITIONS AND MEMORIALS.
Mr. JENKINSON, Mr. PARRETT, and Mr. POLK each presented petitions for protection against sheep-killing dogs; which were referred to the Committee on Agriculture.
Mr. GIFFORD presented, a memorial for legislation to correct the exorbitant appraizement of the Harrison, New Trenton and Brookfield Turnpike road; which was referred to the Committee on Ways and Means.
Mr. EDSON presented a memorial for a Joint resolution, asking the Peace Convention and instructing our Senators and requesting our Representatives in Congress, to use their influence for the adoption of the Crittenden propositions for peace.
Mr. HEFFREN presented a petition, numerously signed, for the same object.
They were referred to the Committee of Thirteen.
Mr. WOODHULL presented a petition ugued-by 104 citizens, praying for the repeal of the statute giving force and effect, to the 13th article of the Constitution regarding negroes and mulattoes.
On motion by Mr. HOLCOMB, it was laid on the table.
Mr. HOLCOMB presented a memorial embracing resolutions of a meeting of citizens in the town of Francisco, (Robert N. Brooks presiding,) calling for a velinquishment of the States' interest in the Wabash and Erie Canal, and for the said company to keep the canal in navigable order; which was referred to the Committee on Canals.
Mr. ERWIN presented the petition of sundry citizens and members of the bar of Lawrence county, remonstrating against the proprosed new Circuit to be composed of the counties of Lawrence, Monroe. Greene, Brown, &c.
CALUMET FEEDER DAM.
Mr. VEATCH, from the Committee on the Judiciary, returned Mr. Wood's resolution relative to damages occasioned by the Calumet Feeder Dam overflowing lands in Lake county, and recommended the adoption of the following:
Resolved, That the Attorney General of the State be requested to examine into the matter complained of in relation to the damage done to the lands in Lake and adjoining counties by the Calumet Feeder Dam; and report to the House what measures are necessary to remedy the evils complained of.
This resolution was adopted.
Mr. McLEAN, from the Committee on the Organization of Counties, returned Mr. Prosser's bill (151) for the erection of the 14th Judicial Circuit, and Mr. Kendrick's Marion County Judicial Circuit bill, recommending their indefinite postponement, and reporting a bill in lieu of both, viz : a bill (241) to prescribe what counties shall hereafter compose the od, 5th and 6th Judicial Circuits; to fix the times, &c.
The report was concurred in, and the new bill was passed to the second reading.
Mr. FORD, from the Committee on County and Township Business, returned Mr. Black's bill (100) to authorize township trustees to sign saline land certificates, recommending its passage; and it was ordered to be engrossed.
DOG LICENSE.
Mr. DAVIS, from the Committee on Agriculture, returned Mr. Veatch's Dog bill (175), with a motion to lay it on the table; which was concurred in.
He also returned Mr. Anderson's Dog License and Damage bill (176), with verbal amendments, and adding a clause, making the fund arising therefrom a common school fund distributable annually in the township where it shall accrue.
The amendments were concurred in, and the bill was ordered to be engrossed.
Mr. TURNER, from the same Committee, returned Mr. Polk'e Dog bill, with a motion that it be laid on the table; which was concurred in.
page: 240[View Page 240]Mr. PARETT, from the Committee on Temperance, returned the petition of Susan B. Hunt and others, for a, Prohibitory Liquor law, with a statement that legislation would be not only inexpedient, but destructive of the end sought, because such a law, under the decision of the Courts, would be unconstitutional and void; and thereupon recommending that it be laid on the table.
The report was concurred in.
Mr. JONES of Wayne, from the Select Committee thereon, returned the resolution for a revision of the rates of tolls on plank and McAdamized roads, reporting further legislation unnecessary; which was concurred in.
Mr. BRYANT, from the Select Committee thereon, returned the resolution for fencing the Tippecanoe Battle Ground, reporting thereupon a bill (242) to provide for the enclosure of the Tippecanoe Battle Ground, and making an appropriation therefor ; which was passed to a second reading.
The bills (S. 177) to amend the Common Pleas act of March 5, 1859, coming up in order on the Calendar, it was passed to the second reading.
THE SELECT COMMITTEE ON FIGHTING.
The SPEAKER makes this Committee to consist of Messrs. Bingham, Ford, Haworth, Crain and Brett.
Mr. PROSSER asked and obtained leave to introduce a bill (243) fixing the times of holding the Courts in the First Judicial Circuit, and repealing, &c.
Mr. JONES of Tippecanoe,(244). To amend section 1, of the act of March 2, 1859, fixing the times of Courts in the 12th Judicial Circuit.
Mr. ROBERTS: [245] declaratory of the meaning of the first clause of the 8th section, and also the 9th section of article 2. part 2, chapter 1, of the Revised Code of 1852.
Which were severally passed to the second reading.
Mr. HOLCOMB asked leave to submit his Gibson swamp land fund resolution; but it was objected to.
Mr. Hurd's bill [203 To provide for the registration of births, marriages and deaths, coming up in order on the calendar, it was ordered to be engrossed.
Mr. Cooprider's ditch bill [204] was referred to the Committee on Swamp Lands.Mr. Williams' free turnpike bill [205] was referred to the Committee on County and Township Business.
Mr. Roberts' bill [206] supplemental to article 9, sec. 156, part second of the Code, providing for attachment, &c., was referred to the Committee on the Judiciary.
EXTRA COMPENSATION OF CLERKS AND SHERIFFS.
The SPEAKER announced the special order, viz : The consideration of Mr. Jenkinson's bill [H. R. 5] to restrict the taxing power of the Board of County Commissioners (to 50cents on the $100)-the question being, Shall the bill be engrossed?
Mr. JENKINSON moved that it be considered as engrossed, and put upon its final passage.
Mr. WOODHULL was opposed to the bill. There was a limit as to legislation on this question of taxation beyond which it would not be safe to go. If the people desired this change, we should have petitions for it. It was a proposition to take from the people the right to take care of their own affairs. His county people wanted this privilege. They were without railroads, and their land valuations were less than the average of good land, in railroad localities. They tried limiting themselves to fifty cents on the $100, and it run them into debt. They wanted to erect new county buildings, &c., which they could not, if this bill pass. He showed also that it I would work injuriously even in Allen, the gentleman's own county. The effect-of this bill in his county would be to compel them to borrow money.
Mr. JENKINSON. The object of the bill was to economize. He gave examples to show the necessity for it. The county officers are making too much money. The people of Allen county were now paying 75 cents tax on the $100 for county purposes; and he was sent here for the express purpose of restraining the taxing power of the Commissioners to 50 cents on the $100. He would take a contract to carry on the county of Steuben for the proceeds of a tax of 50 cents on the $100. The bill would beget economy. It was a wise rule to furnish no more public money than is necessary. There were not fifty men in Allen county opposed to this bill, and he wanted to extend its benefits to all the people in the State. It would cut off the treasury cormorants.
Mr. BUNDY proposed to amend the Committees amendment, by striking out "fifty cents" and inserting "one dollar," as the limitation of the taxing power. He would go as far as any to accommodate the gentleman from Allen, but it should not be forgotten that we are here, every man not merely for his own county, but for the State at large. Allen was a rich county, with many miles of railroad, and after she had been so enriched, he was surprised to see this proposition corning from their representative. He was not prepared to say to the Commissioners of Allen county, that they could not make the levy necessary to pay debts already contracted for railroads or county improvements. That must be the object, to avoid the payment of county debts It looked too much like repudiation for him to sanction it.
Mr. JENKINSON. His bill would raise $30,000 in Allen. $7,000 would pay the interest on their county debt; and when this $100.000 should become due, years hence, this act could be repealed. The object was to page: 241[View Page 241] check extravagance-for two years at least, if the House refuse this bill, there would not be left a corporal's guard of Republicans in Allen county. He would go home and tell them, you asked the Legislature for a fish, and they gave you a stone.
Mr. WOODHULL had stated that the tax in Allen was 65 cents on the $100. He read a statement from an ex-sheriff and the treasurer of Allen for the source of his information, This bill was an application for repudiation of county debts.
Mr. JENKINSON. It was the county officers who were making opposition to this bill.
Mr. GRESHAM. This was a matter belonging peculiarly to the people of the several counties. Even if they abused themselves in the matter of taxation, it was none of our business here. He moved that the bill and amendment, be indefinitely postponed.
Mr. JENKINSON demanded the yeas and nays, which being ordered and taken, resulted-yeas 33, nays 48 : so the House refused to postpone.
Mr. NEBEKER demanded the previous question ; and there was a second.
The first question being on the amendment of Mr. Bundy, it was rejected: and then the Committee's amendment was adopted, and the bill was ordered to be engrossed.
Mr. JENKINSON moved that the bill be considered and engrossed ; which was agreed to.
Mr. WOODHULL ineffectually demanded a call of the House.
Mr. ROBBINS moved that the bill be read the third time now.
Mr. F RASIER. Was it the province of the Legislature to restrain county improvements ? or was it not the true Democratic principle to allow the people to attend to their own business? He preferred that the bill take the regular course.
The bill was ordered to the third reading.
Mr. FRASIER spoke against the bill. It was exceeding the power of legislation. The matter of couunty improvement was peculiarly the business of the people of the county. He ventilated the reasons which had brought about this demand from Allen county. The remedy was not in legislation here, but in revolutionizing through the ballot box, and turning out the Treasury cormorants. His county had never been in debt, from one year to the other, since he had resided there. They wanted county buildings, and should the Legisture step in and prevent them? He was willing the gentleman should have all the partizan benefit of the defeat of this measure in Allen county.
Mr. PARRETT. Popular sovereignty was all right enough. But when men couldn't govern themselves, they ought to be governed. Allen county had been and still was the "Egypt" of the State. He was for this bill, because it was demanded by the people. Honesty in the county affairs was essential, and restraints were essential where honesty was wanting.
Mr. WOODHULL spoke for the general credit of the people and officers of his county.
Mr. PARRETT disclaimed personal imputations; but insisted that honesty and restraints were both necessary. The gentleman from Allen had confessed that their Democratic county administration had so ruined that, county, that they could not get along without Republican help; and he was going to help them now by voting for this bill.
The bill was then passed the third reading in the House-yeas 55, nays 25-as follows :
AYES-Messrs. Atkisson, Bingham, Brett, Brucker, Burgess, Collins of Adams, Combs, Cooprider, Davis, Edson, Erwin, Ferguson, Fisher, Fleming, Ford, Fraley, Gifford, Hall, Hayes, Heffren, Henricks, Holcomb, Hopkins, Howard, Hudson, Hurd, Jenkinson, Jones of Tippecanoe, Kendrick, Kitchen, Knowlton, Lods, Lightner, McLean, Moody, Moss, Mutz, Nebeker, Parrett, Pitts, Prosser, Kagan, Randall, Bobbins, Roberts, Smith of Miami, Trier, Turner, Underwood, Veatch, Warrum, Wilson, Woods, Mr. Speaker-55.
NAYS-Messrs. Black, Boydston, Branham, Bundy, Campbell, Cason, Grain, Fordyce, Frasier, Gresham, Harvey, Haworth. Horton, Jones of Wayne, Lee, Moorman, Newman, Orr, Sherman, Sloan, Thomas, Thompson, Wells, Williams, Woodhull-25.
EXTRA SERVICES OF CLERKS AND SHERIFFS.
The House now resumed the unfinished business, viz: Mr. Nebeker's bill [8] for allowance for extra services of clerks and sheriffs, the question being on the adoption of the Judiciary Committee's amendment by way of substitute, to the effect, that the annual compensation for extra service shall not exceed $100; but such allowance shall not be made until said clerk or sheriff shall have filed with the County Commissioners his affidavit embracing a detailed statement of such extra service.
Mr. FRASIER proposed to amend the amendment, by extending the discretion of allowance to sheriffs to $200; which was laid on the table.
Mr. EDSON proposed, that said extra services be paid the same fees for similar services as determined by law; which was laid on the table.
Mr. BLAKE proposed to amend, by striking out the requisition for a detailed statement and affidavit.
On motion of Mr. CASON, it was also laid on the table.
The question recurring on the committee's amendment-
Mr. BUNDY said that $100 was too small. It was not enough for extra services required in all the large counties. He could not vote for so low a restriction.
Mr. PROSSER. It was enough in the small counties ; and in the large counties, where the officers get rich in four years, it was certainly enough.
Mr. FRASIER believed that the sheriff did twice as much work for nothing as the clerk, and the office was not as lucrative.
Mr. JENKINSON thought $100 was enough. It would prevent abuse.
page: 242[View Page 242]Mr. BUNDY proposed to extend the limitation to $150; which was laid on the table.
Mr. GORE proposed to amend the commit tees's amendment, by adding a clause, that no allowance shall be made in any count} where the number of inhabitants exceed 3,000 which was laid on the table.
The Judiciary Committee's amendment was now adopted.
On motion of Mr. NEBEKER, the bill was considered as engrossed, and passed the third reading-yeas 76, nays 3.
On motion of Mr. DAVIS, the House now took up the consideration of bills in the calendar on the third reading.
Mr. Cameron's bill [3], to provide for the Common Pleas in Newton county, coming up it was passed the final reading in the House yeas 71, nays 0.
Mr. HOLCOMB asked, but could not obtain leave, to submit a resolution for two sessions a day.
Mr. Speaker Allen's bill [13], for refunding license money illegally collected under the act of June 15, 1852, coming up; and no quorum voting thereon-
The House adjourned.
