ment proposed by the Senator from Wabash (Mr. Conner).
Mr. NEWCOMB moved to amend the amendment, by exempting the Sinking Fund Commissioners from the provisions of this bill.
Mr. CONNER accepted this amendment.
Mr. WAGNER objected to this motion, and moved to lay the motion to refer on the table.
This motion was agreed to by yeas 29, nays 17.
Mr. MURRAY. If there was any subject before this Legislature that interested me more than another, it was this embezzlement bill, and when I came here I expected to vote for that bill, and I expected that bill to cover the whole ground and secure the funds of the whole State from the peculations of dishonest office holders. The revenue to carry on this government is collected by direct tax upon the property of the people, and we come forward here with an embezzlement bill, proposing to make it a felony to use the funds in the hands of the State Treasurer, and we except all revenues collected by county and township treasurers. Now, sir, if the rule be a good one to punish, as a felon, by incarceration in- the penitentiary, a State officer who may take the tax collected from the people and devote it to his own private use. the same penalty and rule ought to apply to county and township treasurers. That principle shall govern, my vote. I venture the assertion, that no bill will be adopted by this Legislature enacting penalties against county and township officers, unless incorporated in this bill. I intend to vote against this bill.
[A message from the House asked the return of the bill H. R. 5 transmitted yesterday.]
Mr. COBB. I desire to see passed an embezzlement bill of some kind or other. The sinking fund is a more important fund than any other we look to as legislators, and I move that it be exempt from the provisions of this bill. It is an accumulative fund, and if its accumulation is stopped the object of the fund is destroyed.
Objection being made, the motion was not entertained by the Chair.
The bill finally passed by yeas 41, nays 5.
REPORTS FROM COMMITTEES.
By Mr. COBB: Judiciary-returning his bill [184] concerning the jurisdiction of Justices-passage.
By Mr. DEHART: Judiciary-Senator Murray's new Notary Public bill-lie on the table.
By Mr. SHIELDS: Corporations-his bill [33] punishing embezzlement by railroad employees-lie on the table.
By Mr. BEESON : Agriculture-His bill 1G9 (seepage 212 of these Reports)passage.
By Mr. HULL: Select Committee the petition of J. C. Kennedy, asking a special, act authorizing the admission of his wife in the Insane Hospital, reporting that the present law is sufficient after she obtains a residence in the State.
By Mr. CLAYPOOL: Select Committee His bill [40] for the protection of fish, recommending that the proposed amendments thereto(see pages 164, 170 of these Reports-lie on the table.
By Mr. ANTHONY: Select Committee the Organization of Courts' bill [159] numbering the Common Pleas Districts-passage.
Which reports were severally concurred in.
NEW PROPOSITIONS.
The following bills were introduced and severally passed the first reading:
By Mr. TURNER:[198] requiring county auditors to report to the Sinking Fund Commissioners and Superintendent of Public Instruction the amount of school fund on hand,/ and providing penalties for the violation of this act. [He made an ineffectual motion yeas 25, nays 22-to suspend the order that it might be read the second time.]
By Mr. COBB: [199] to amend section 1 of an act supplemental to "An Act to exempt property from sale in certain cases, approved March 5, 1859;" so as to exclude all kinds of personal property.
By Mr, CONNER: [200] An Act authorizing the drainage of swamplands or wetlands and providing for the assessment and payment of damages sustained thereby.
By Mr. CRAVEN: [201] To prevent officers from taking illegal fees, affixing penalties therefor, and requiring officers in certain cases to receipt for fees on payment of the same.
By Mr. WILSON : [202] To amend section 8 of an act regulating the fees of officers, approved March 2, 1855.
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
By Mr. BLAIR: [203] authorizing the Gov page: 244[View Page 244]ernor to obtain possession of all the public arms and military equipments belonging to the State of Indiana, as distributed by the general government to the same, and which are not in possession of companies meeting regularly for drill, &c., and providing for the distribution of the public arms.
By Mr. LANDERS: [204] to amend section & of the act of 1859, to provide a Treasury system for the State of Indiana, &c.
By Mr. O'BRIEN: [205] to amend section 16 of an act touching the relation of guardian and ward, approved June 9, 1852, and repealing sections 17 and 18 of said act.
By Mr. MARCH: [206] to amend section 99 of the practice act of June 18, 1852.
By Mr. STONE: [207] to amend section 9 of an act regulating the fees of officers, approved March 7, 1855, (county treasurers).
By Mr. CLAYPOOL : [208] to amend sections 3 and 5 of an act regulating the fees of officers, approved March 7, 1855 (county clerks and sheriffs). He made an ineffectual motion- yeas 30, nays 8-to suspend the rules that it might be read the second time.
By Mr. CLAYPOOL: [209] to amend section 12 of an act regulating decadents' estates, and the apportionment of estates, approved May 14, 1852.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Mr. MILLER offered a joint resolution [S. 15] proposing, in the prescribed way, an amendment to the Constitution, so that the State Superintendent of Public Instruction shall hold his office six years instead of two years. At Mr. Line's suggestion he modified his resolution, so that the term of office shall be but four years.
Which was rejected by yeas 21, nays 24.
PERFECT RAILROAD TITLES.
The PRESIDENT announced the consideration of the unfinished business of Friday, viz., Mr. Hamilton's bill 31-see page 45 of these Reports-on the third reading : being identical with the bill H. R. 33.
Mr. MARCH,by unanimous consent, amended the bill, by providing that this act may be amended or repealed at the discretion of the Legislature.
Mr. STONE submitted additional instructions, to so amend section 6 as to include the security of sums due persons for labor performed, and wood and other materials furnished the old companies, and that the security of present stockholders shall not be lessened by the passage of this bill.
Mr. NEWCOMB. I don't think this bill can be bettered, for it was well considered in committee, and I do hope these amendments will not be insisted upon.
Mr. CONNER favored the passage of the bill.
Mr. STONE sustained his amendment.
Mr. CRAVEN. The bill proposes a violation of the Constitution, and it would be an annual bankrupt law for railroads as long as it might remain in force. The true intention of this bill is to cut out every stockholder in the State of Indiana, and it is an act the most fraudulent ever before the Legislature.
Mr. NEWCOMB replied, and thought the objections were more specious than sound. If there was any way to make the new bond- holders pay the old debts of the road, it would be right and proper to do so.
Mr. LINE made an ineffectual motion to lay the motions to recommit on the table yeas 17 nays 22.
Mr. CRAVEN again opposed the passage of the bill. By the provisions of this bill every railroad in the State may be turned over to foreign bondholders.
Mr. HAMILTON urged the passage of his bill, and explained its provisions.
Mr. COBB never saw a fraud covered up with so flimsy a garb as the one embraced in this bill. He submitted additional instruction to strike out in the second section the words' "whether then held or thereafter to be acquired."
Mr. HAMILTON moved to make his bill the order for to-morrow morning at ten o'clock.
Mr. COBB moved to indefinitely postpone the bill.
Mr. STUDABAKER moved an ineffectual motion to lay the bill and pending amendments on the table.
On motion by Mr. JOHNSON, the motion to postpone indefinitely was laid on the table.
Mr. CRAVEN made an ineffectual motion to postpone till Friday next at 2 o'clock.
Mr. CRAVEN moved to postpone the further consideration of the bill till the 6th of March.
On motion by Mr. CONNER, this motion was laid on the table yeas 29, nays 13.
Mr. COBB made an ineffectual motion-yeas 12, nays 28 to lay on the table the motion to postpone till to-morrow.
Mr. LINE demanded the previous question.
The demand was seconded.
The motion to postpone till to-morrow morning at 10 o'clock was then agreed to.
REPORTS FROM COMMITTEES.
Mr. MELLETT, by consent, from the Judiciary Committee, returned his bill 131 see page 184 of these Reports recommending passage with amendments. Also his bill 132, recommending that it lie on the table.
Mr. MILLER, from the Judiciary Committee, returned Mr. Teegarden's bill 106 see page 159 recommending passage.
Which reports were concurred in.
And then the Senate adjourned.
