HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 20, 1861.Mr. McLEAN asked and obtained leave for the Committee to investigate the Wabash and Erie canal to sit this morning during the session of the House.
The journal of yesterday having been read-
The SPEAKER laid before the House a communication from the State Librarian, transmitting the Secretary's (John B. Dillon's) report of ther Tansactions of the Indiana Historical Society, in conformity with the 4th section of the act of March 4, 1859.
page: 253[View Page 253]ORDER OF BUSINESS.
The SPEAKER announced a change in the order of business, viz : 1. Petitions ; 2. Reports from standing committees. 3. From select committees. 4. At 10 o'clock the orders of the day will be taken up-the second reading of bills. 5. At 11 o'clock, bills on the third reading.
On motion by Mr. BRANHAM. Mr. Holcomb's resolution for two sessions a day (including Saturday,) was adopted by unanimous consent.
PETITIONS AND MEMORIALS.
Mr. PROW presented the petition of citizens of Indiana, without respect to party, asking the General Assembly to instruct the commissioners to the Washington convention appointed by the Governor, to co-operate with the friends of compromise on the basis of the Crittenden propositions, or some other basis equally fair and honorable; and that our Senators in Congress be instructed, and our Representatives requested, to support some compromise on that or a like basis.
Mr. COOPRIDER presented a similar petition, signed by 207 citizens.
Mr. EDSON presented two petitions of a similar character, from citizens of Poseyville and Stewartsville, both numerously signed, without distinction as to party.
These petitions were severally referred to the Committee of Thirteen.
Mr. FISHER presented the petition of the Grand Division of the Order of Sons of Temperance, praying for the repeal of all laws on the subject of the sale of intoxicating liquors, and the passage of a law distinctly defining a nuisance; which was referred to the Committee on Temperance.
APPORTIONMENT.
Mr. VEATCH, (in behalf of Mr. Bingham, absent,) from the Committee on the Judiciary, returned Mr. Hayes's resolution, inquiring into the constitutionality of a law apportioning the State for representative purposes, without the prescribed constitutional causes-with the expression of opinion that such a law would be constitutional. The committee reason to show that this constitutional clause is merely directory, giving an example of the construction of section 5, article 7 of the constitution, requiring the Judges of the Supreme Court to give a statement in writing of every question arising in each case, which they have refused to do, viewing said section as directory merely. The analogy between these cases is obvious. The committee believe the Legislature have full power to enact a constitutional apportionment law.
The report was concurred in.
RESIDENCE.
Mr. CASON, from the Judiciary Committee, returned Mr. Folk's joint resolution [22] To amend the Constitution of the State with reject to the residence of a voter, with anamendment striking out "60," and inserting "30"-[days' residence in the township to constitute a voter.]
Mr. STOTSENBERG proposed to amend the amendment by striking out "30," and inserting "10," which was rejected.
Mr. STOTSENBERG then proposed "15" days, and demanded the yeas and nays.
Mr. PROSSER hoped the amendment would not prevail. Thirty days was short time enough.
Mr. SMITH, of Bartholomew, concurred in this 6pinion: and appealed against wasting time by calling the yeas and nays.
Mr. Stotsenberg's amendment was rejected-yeas 20, nays 59.
On motion of Mr. EDSON, the report was concurred in.
The question being, Shall the resolution pass ?
Mr. DAVIS. All these amendments of the Constitution will amount to nothing ; therefore he should vote against this.
Mr. STOTSENBERG. It would work the disqualification of one-tenth of the legal voters of the State. A large portion of the population of the State were of a migratory character-laboring men.
Mr. JENKINSON concurred in this view.
Mr. BUNDY thought thirty days an unnecessary length of time to establish the fact of residence. The only means of preserving our institutions was the protection of the ballot box; but looking to the removal of the evils invading it, we ought to see that we do not create a greater evil. He verily believed this amendment, if consummated, would disfranchise 20,000 voters in this State, making reference to Methodist preachers compelled to move every year. The subject was passed over for-
Mr. Prosser's bill [243] fixing the times of Courts in the First Judicial Circuit, coming up in order in the calendar of bills on the second reading; it was ordered to be engrossed: Also, the Judiciary Committee's bill [238.]
WORK FOR COMMITTEES.
Mr. Kendrick's bill 228; Mr. Jones of Tippecanoe's bills 231, 236; Mr. Atkisson's bill 234; Ways and Means bill 237; Mr. Bundy's bill 246, with an amendment taking from the judges the power to appoint substitutes to hold courts for them; Mr. Hopkin's bill 248; Mr. Mutz's bill 249; Mr. Underwood'8250 with Mr. Ferguson's amendment; Mr. Jenkinson's 252 ; Mr. McLean's 253; Mr. Brett's 254, and Mr. Branham's bill 235, with his amendment, "so as to include lands sold by the Auditor that have been mortgaged to the Trust Funds, and to secure the Trust Funds of this State," coming up in order, they were severally referred to the Committee on the Judiciary.
Mr. Brucker's bill 232; and Mr. McLean's 239, with Mr. Bundy's amendment, "Provided that all schools and colleges, owned and con page: 254[View Page 254]ducted by individuals shall be taxed as other property;" and with Mr. Hopkin's amendment, were referred to the Committee on Education.
Mr. Collins of Whitley's bill 230, with Mr. Folk's amendment, was referred to the Committee on Corporations.
Mr. Robert's bill 245, and Mr. Jones of Vermillion's 233; Mr. Black's Committee bill 241, with Mr. Speaker Alien's amendment, to remove Greene county from the Third to the Sixth Circuit; Mr, Jones of Tippecanoe's bill 244; and Mr. Gore's bill 251, were referred to the Committee on the Organization of Courts.
Mr. Bryant's Tippecanoe Battle Ground bill 242, with Mr. Fisher's amendment, to provide for repairing the present fence, and Mr. Black's to strike out "iron" and insert "wooden;" and Mr. Veatch's bill 247, with Mr. Fishers' amendment, striking out the emergency and publication clause, were referred to the Committee on Ways and Means.
Mr. Pitt's bill 256. with Mr. Wood's amendment (not read) were referred to the Committee on Agriculture.
CONVENTIONAL INTEREST.
The House now resumed the consideration of the Conventional Interest bill-the question being on Mr. Stotsenberg's motion to indefinitely postpone Mr. Branham's amendment to make the rate six per cent, and strike out the usury clause.
Mr. STOTSENBERG withdrew the motion. What was there in the bill that relates to usury ?The Clerk read the 5th section.
Mr. WOODHULL reasoned in favor of the amendment. If it was wrong to take usury, it was wrong to offer and to pay it; and a man should not be allowed to take advantage of his own wrong. This was the only thing, he thought, that could be carried through the House.
Mr. FRASIER. Did the bill repeal former laws?
The Clerk read the repealing clause.
Mr. CAMERON demanded the previous question, and there was a second.
Mr. DAVIS required an explanation of the effect of the amendment.
The SPEAKER said the bill provides that. if a greater rate of interest than 10 per cent is contracted for, the contract shall not therefore be void; but if an action on such contract is brought, the plaintiff shall only recover his principal, without interest. The amendment provides six per cent, and that the plaintiff shall recover that, without respect to the excess contracted for.
Mr. BUNDY was in favor of the latter portion of the amendment.
Mr. ROBERTS demanded a division of the question.
The SPEAKER. The question will have to be taken separately. There are two propositions relating to different portions of the bill. The first question will be on the proposition to strke out "10," and insert "6"
Mr. STOTSENBERG demanded the yeas and nays, and the same being ordered and taken the amendment was adopted-yeas 50, nays 35: and the amendment of the 5th section striking out the 5th section usury clause, was also adopted-yeas 68, nays 14.
Mr. BRANHAM moved that the bill be referred to the Committee on the Judiciary, with instructions to perfect, &c.
Mr. DAVIS proposed to amend, by allowing, the plea of usury, where the contract exceeds 10 per cent:
The SPEAKER ruled it out of order.
Mr. STOTSENBERG proposed to instruct the committee to amend by inserting, that no individual or corporation, banking or otherwise, shall in any case charge, receive, or contract for any greater rate of interest than 6 per cent., including exchange, &c.
Mr. KNOWLTON moved to indefinitely postpone the bill and amendment.
Mr. WOODHULL moved to lay this motion on the table.
Mr. EDSON demanded the yeas and nays, which being taken resulted-yeas 65, nays 21: so the motion was-laid on the table. And then Mr. Stotsenborg's amendment was laid on the-table.
The bill was referred to the Committee on the Judiciary.
AFTERNOON SESSION.
The SPEAKER laid before the House the response of the Attorney General to a resolution of'the House, in relation to the, Calumet Feeder Dam, The Attorney General considers that the dam might be abated, as though it bad been erected without color of legal authority. The State of Illinois would have to be made defendant, &c., which makes it reasonable that the State of Indiana ought, to sue. It was referred to the Committee on Rights and Privileges, with instructions to report a bill, or joint resolution, authorizing the State to sue the State of Illinois, conformably to the opinion of the Attorney General.
EMBEZZLEMENT BILL.
The Senate amendment to the embezzlement bill [H. R. 1], viz., add to the 10th section these word: "except so much and so far only as provides punishment for the same identical offense," and verbal amendments coming up in order, they, were concurred in; and the bill passed as amended by yeas 67, nays 14.
Messages from the Senate announced the passage, of Mr.. Branham's ($75,000) loan bill and his bill providing for the expenses of tb present General Assembly, in that body without amendment.
ADMINISTRATORS COMPENSATION.
Mr. Edson's engrossed bill [9], amending the section 148 of the decendents' estate act, coming up-
page: 255[View Page 255]Mr. EDSON explained that the bill was to change the compensation allowed to administrators. The law now requires that the administrator shall make a sworn statement of his services, upon which the court shall allow such compensation as it shall deem to be just. It was almost impossible to determine the exact time and labor expended, and to make a satisfactory award. The amendment, therefore proposes not less than 5 per cent. cent, to the administrator on the first thousand dollars, and not less than 8 per cent, on all sums over that amount.
Mr. BUNDY doubted the propriety of the bill. The bill gave the courts no discretion. There was once such a statute in this State, and it was substituted by the present law.
Mr. CRAIN. The present law was much better than the change proposed in the bill. This compensation ought to be left to the sound discretion of the court.
Mr. EDSON stated that the amendment left the discretion to the judge as to the minimum of remuneration.
Mr. PARRETT demanded the previous question, and under its operation the bill was rejected-yeas 9, nays 70.
NOTICE TO THE OPPOSITE PARTY.
The Judiciary Committee's engrossed bill [107], to amend the section 343 of the Practice act [providing for notice to the opposite party], coming up-it was passed the first reading in the House of Representatives-yeas 39, nays 1.
Mr. Williams' engrossed bill [103] to provide for the erection and repairs of any bridge across a stream of water forming the boundary-line between two counties, and to repeal former acts in reference thereto, coming up, it passed the final reading-yeas 73, nays 6.
Mr. Robert's engrossed Promissory Note bill [167. to make the title of the act conform to the law itself, to cover all the instruments of writing mentioned in the first section of the existing act,] coming up, it was passed the final reading in the House-yeas 68, nays 0.
Mr. McLean's engrossed bill [44] to amend the first section of the act of March 5, 1859, providing for the management and, disposal of the estate's of persons who. have absented themselves from their usual place pf residence and gone to parts unknown, [two years instead of ten years, the estate becomes subject to administration,] coming up-
Mr. McLEAN explained, that it was simply to Correct a clerical mistake in the-law of the last session, by which the clerk wrote "ten" instead of "two", so making the amendment of that session worse than the old common law of seven years.
Mr. STOTSENBERG desired to make the absence three years, before proceedings.
Mr. DAVIS objecting, understood that a bill could not be amended oh the third reading.
The SPEAKER: It can be done by unaninimous consent.
The bill was passed the final reading-yeas 62, nays 5.
NEW BILLS.
The order for the introduction of bills was now entertained by unanimous consent, and the following were submitted and passed to the second reading:
Mr. Packard: [263] To amend section 17 of the act of March 5, 1859, fixing the times of the Common Pleas Court, &c.
Mr. Crain : [264] To amend; the 54th section of the act of June 11th, 1852, providing for the incorporation of towns, defining their powers, &c.
Mr. Stotsenberg: [265] To amend section 14 of the act of March 1, 1859, amendatory of the general corporation law of March 9, 1857.
Mr. Knowlton: [266] For the purchase of certain volumes of Blackford's Reports, and providing for the distribution thereof-[600 volumes, at $5 a volume-to be distributed in the same manner as the Indiana Reports].
Mr. Bundy : [267] To amend section 6 of the act of May 12, 1852, to authorize the construction of plank, macadamized, and graveled roads, and to add a supplemental section to said act.
Mr. Smith of Bartholomew : [2681 Providing for the service of summons in actions against sheriffs and their sureties or official bonds.
Mr. Hurd : [269] Supplemental to the act to establish a bank with branches. [The Bank of the State may alter or re-district any bank district in the State, provided that no Branch shall be located in any town where one is already located and doing business.]
Mr. Dobbins : [270] To amend section 464 of the Practice act.
Mr. Bundy: [271] To authorize turnpike, plank, and gravel road companies heretofore incorporated, to use material for repairs, &c.
Mr. Edson: [272] To amend sections 656 ,nd 661 of the Practice act.
Mr. Black: [273] To amend section 75 of the assessment act of June 21, 1852.
Mr. Owens: [274] Relative to the fees of county auditors, and repealing former laws in conflict therewith.
Mr. Bundy [275] Authorizing turnpike, plank and graveled road companies heretofore incorporated, to alter the time of holding the annual elections of directors of such companies, and repealing all laws in conflict therewith.
Mr. Stotsenberg: [276] To amend the 12th section of the act regulating the fees of officers, repealing former acts &c., so as to give prosecuting attorneys a docket fee in divorce cases.
Mr. Bundy: [277] To amend section 1 of the act of March 5, 1855, providing for the election or appointment of supervisors of highways, and prescribing certain of their duties, and those of county and township officers in relation thereto.
Mr. Stotsenberg: [278] Respecting the as page: 256[View Page 256]signment of goods by way of mortgage, prescribing what goods they shall cover.
Mr. Knowlton: [279] Supplemental to the game law, [shall not hunt on the premises of of another without leave.]
Mr. Hopkins: [280] To repeal the act providing for voluntary assignments of personal and real property in trust for the benefit of creditors, and regulating the mode thereof, approved March 5, 1859.
Mr. Edson : [281] For compensation of district attorneys, and regulating their fees.
On motion of Mr. NEWMAN, (by unanimous consent,) the bill [S. 86] to amend the general banking law, was taken up and passed the first reading.
On motion of Mr. WILLIAMS, (by unanimous consent,) the bill [S. 177] to amend the 5th section of the common pleas act of last session, was considered on the second reading, and referred to a Select Committee of one member from each county in the district affected.
Mr. JENKINSON submitted an order to re turn his bill [No. 5] to the Senate, striking out a certain clerical interpolation, which, he said, did not affect the sense of the bill.
Mr. WOODHULL raised the point of order that the matter could not be reached without re-consideration.
The SPEAKER, (Mr. Bundy in the Chair,) sustained the point.
STATE OF THE UNION.
Mr. STOTSENBERG submitted a resolution, to the effect, That the Committee of Thirteen, to whom has been referred all matters and resolutions of a national character, be, and they are hereby instructed and required on next Monday afternoon to make a final report to this House on all matters and resolutions of a national character, heretofore referred to them.
After debate, in which general speeches were made in favor of the resolution, by Mr. Roberts, Mr. Packard, Mr. Stotsenberg and Mr. Davis; and against it by Mr. Woodhull and Mr. Speaker Allen-
On motion af Mr. DAVIS, the resolution was passed over.
Mr. Speaker ALLEN (by unanimous consent) introduced a bill [282,] to amend section 14 of the act providing for the election and qualification of justices of the peace, denning their jurisdiction, powers and duties in civil cases; which was passed to the second reading.
The House then adjourned
