Mr. NEBEKER. There was no ten per cent bill before the House.
Mr. HEFFREN. It amounts to the same thing. It was the cat in the meal tub. Men would pay ten per cent to their creditors rather than be sued, and have costs piled up against them.
Mr. SMITH of Bartholomew replied. Poor men and married women's rights should not help out the opponents of the bill.
Mr. Frasier's amendment to the 3d section was agreed to.
And then, as thus amended, the report of the Committee was concurred in and the amendments adopted-yea 61, nay 19.
On motion of Mr. VEATCH, the bill was considered as engrossed, and passed the third and last reading in the House-yeas 61, nays 18.
WILLIAM F. BAGGETT.
Mr. JENKINSON desired to submit a resolution for the arrest of William F. Baggett for contempt of this House, in refusing to appear and testify before the committee to investigate the Northern State prison.
The SPEAKER. That, would be rather a summary proceeding.
Mr. HEFFREN. There was no evidence of contempt. The committee should report that fact first.
The SPEAKER. The gentleman from Allen, as chairman of the committee, could make his report.
Mr. JENKINSON subsequently, as chairman of the Select Committee on the Northern State Prison, reported that Wm. F. Bagget is in contempt of the House, in refusing to appear as a witness before said committee, and asking for the Speaker's warrant to arrest him.
Mr. ROBERTS said Mr. Baggett had a good excuse for his non-attendance. He thought the witness would be here on Monday.
Mr. SHERMAN understood that the matter proposed to be proved by the witness to be sent for had been proved before the committee over and over again. It seemed to him that the object of this proceeding was to delay the action of the committee. He hoped that if a resolution were offered to send for this witness, it would not be adopted.
Mr. JENKINSON said that one of the contractors did not want this witness to appear. There were $3,000 involved, about which Baggett could testify. He submitted a resolution, That the Speaker of the House be directed to issue his warrant to the Sergeant-at-arms to bring the said Wm. F. Baggett before this House for contempt to be returned forthwith.
The order was adopted by consent.
On motion of Mr. BRANHAM, his bill [283] providing for the payment of $10,075 State's interest, due Jan. 1, 1861, was considered and passed the second reading; and (the rules being suspended for the purpose) it was considered as engrossed, and passed the third reading of the House-yeas 82, nays 0.
REPORTS FROM COMMITTEES.
Mr. WOODHULL, from the Committee on the Judiciary, returned the bill [S. 111] to amend the assessment act, so that the county-auditor, by his certificate for a deed in the sale of land for taxes, shall not give possession of the land before the deed, and reported that the committee recommend its passage.
The bill was ordered to the third reading.
Mr. CASON, from the Judiciary Committee, returned Mr. Veatch's bill [160] to provide for a change of venue in civil actions; for another judge where there is incompetency, and to repeal, &c., recommending its passage.
The bill was ordered to be engrossed.
Mr. SHERMAN, from the Committee on Rights and Privileges, returned the bill [S. 79] to amend the prairie hen section 4 of the Game law, with an amendment, striking out "September" and inserting "August" in lieu.
Mr. DOBBINS proposed to amend by striking out all that relates to deer, quails, and turkies, which was ruled out of order.
The amendment of the committee was adopted, and ordered to be engrossed.
Mr. VEATCH, from the Judiciary Committee, returned Mr. Williams' free turnpike bill [205], with amendments, striking out "majority" and inserting "two-thirds" in lieu; and inserting appropriately the word "graded," and these words, "provided said road be of general utility."
The amendments were adopted, and the bill as amended was ordered to be engrossed.
WITNESS AND JURY FEES, &C.
Mr. CASON, from the Judiciary Committee, returned Mr. Gifford's bill [92] prescribing the duties of clerks, justices, auditors, and treasurers, in relation to jury-fees, fines, forfeitures page: 276[View Page 276] and unclaimed fees; and repealing, &c., with a motion to lay it on the table.
Mr. GIFFORD. There is no law requiring the treasurer to pay over unclaimed money belonging to witnesses; but that was provided for in this bill. If it is right to confiscate the time and money of witnesses, then the present law is right. This is the same bill that was reported by the Committee on Fees and Salaries at the last session, where it was carefully considered and matured, and only failed for want of time. He moved that it be recommitted to the Committee on the Judiciary.
Mr. CASON. The bill would require considerable remodeling before it could pass the House. It seemed to him that the existing law was sufficient to protect any witness, or any other person having fees in the hands of the treasurer.
Mr. BLACK. From the 10th page of the second volume of the Code of 1852, it was manifest that if the witness or juror should' not come, he was cut out of his fees. This bill would help the school fund.
Mr. Clifford's motion was agreed to, and the bill was recommitted.
Mr. VEATCH, from the Committee on the Judiciary, returned Mr. Packard's bill [108] to regulate the business of foreign insurance corporations, with amendments, for a deposit of $20,000 instead of $5,000the same to be increased to to 40,000 in certain cases.
On motion of Mr. VEATCH, the bill was considered as engrossed, but failed to pass the final reading-yeas 40, nays 30for want of a constitutional majority of 51.
Mr. Roberts had leave of absence-sickness.
Mr. JONES of Vermillion, presented a petition from contractors on the State prison; which was referred without reading.
On motion by Mr. GRESHAM, his bill [286] providing for compensation of the judges of the Court of Common Pleas, was considered, passed the second reading, and referred to the Committee on the Organization of Courts.
NEW BILLS.
Mr. HEFFREN asked and obtained leave to introduce a bill [293] to amend sections 14 and 15 of the act of June 10, 1852, defining felonies and prescribing punishment therefor-[rape and seduction-imprisonment not less than 10 years.]
Mr. LEE, from the Committee on Rights and Privileges, returned the letter of the Attorney General, with reference to the Calumet Feeder Dam, and reported a bill thereon, entitled, A bill [244] to provide for the necessary judicial proceedings to procure the removal of the Feeder Dam across the Calumet river in the State of Illinois, and to provide for the expense of said suit.
Mr. Stotsenberg: [295] To amend sec. 26 of the act of last session to amend the general city corporation law of 1857.
Mr. Hurd: [296] To amend section 15 of the act fixing the terms of the Common Pleas & approved March 5, 1859.
Mr. SMITH thought he would be able at the proper time to satisfy the House that there was no necessity for the bill 244.
The foregoing bills were severally passed to the second reading.
GENERAL ASSEMBLY.
Mr. BUNDY submitted a joint resolution to be referred to the next General Assembly, for amendment of article 4, sec. 2, of the Constitution of the State of Indiana, reducing thc number of Senators to 36, and the number of Representatives to 72. &c.
Mr. STOTSENBERG proposed to amend, by adding: "The Constitution as made by the Fathers of 1850 is good enough as it is, and we are opposed to any amendment thereof;" which was laid on the table.
The first resolution was referred to the Committee on Judiciary.
REPORTS FROM COMMITTEES.
Mr. ROBBINS, from the Committee on Mileage, to report on a change of the rating of mileage of sheriff's and clerks, reported legislation inexpedient: which was concurred in.
Mr. NEWMAN, from the Organization of Courts of Justice, returned Mr. Roberts' declaratory bill [145], with a motion to indefinitely postpone the same: which was concurred in.
Mr. FRASIER, from the Committee on County and Township business, returned Mr. Knowlton's bill [144] to amend section 94 of the assessment act, with a motion that the same be laid on the table : which was concurred in.
He also returned certain resolutions together with the petition of J. F. Denny, for a change of the law so as to provide a fixed salary for county officers, graded according to population, with the expression of opinion, that such legislation would not only increase the burdens of taxation, but that it would be unconstitutional. They therefore report a motion to lay the bill on the table : which was concurred in.
Mr. LANE, from the same committee returned Mr. Polk's bill [148] to amend section 7 of the act of '55 to regulate fees and salaries, with a motion that it be laid on the table.
He also returned Mr. Jenkinson's bill [123] to authorize the owners of towns to vacate lots, &c., with a motion that it be indefinitely postponed: which reports were concurred in.
Mr. Grover from the same committee returned the Committee's bill [137] to amend Sections 94 and 95 of the assessment act of 1852, recommending passage.
The bill was ordered to be engrossed.
He also returned Mr. Heffren's workhouse bill [121] with a motion that it be laid on the table : which was concurred in.
Mr. MOORMAN, from the Committee on Agriculture, returned sundry petitions from page: 277[View Page 277] various portions of the State with reference to dogs ; and having already reported a bill in conformity with the petitions they recommend that the petitions be laid on the table; which was concurred in.
Mr. TURNER, from the same committee, returned the petition of John W. Ellis, and others in relation to seed-stock, reporting legislation unnecessary: which was concurred in.
Mr. HURD, from the Committee on Coporarations Corporations , returned Mr. McLean's bill [147] to amend the 68th section of the corporation law, recommending passage. [It proposes to give power to the common council to close streets and alleys without petition, by the concurrence of two thirds.]
The report was laid on the table.
Mr. ERWIN returned Mr. Knowlton's bill [202] to amend section 650 of the practice act mechanic's lien-recommending indefinite postponement:
Mr. KNOWLTON, from the Committee on Corporations, returned the resolution giving road companies power to take materials (stone and wood) for repairs, with the opinion that legislation is inexpedient thereon:
These reports were concurred in.
Mr. VEATCH, from the Select Committee thereon, returned Mr. Bundy's bill [153] To amend the 9th section of the act regulating fees and salaries, with an amendment, providing that no per centage whatever shall be allowed to the county treasurer for redeeming county orders, but five cents shall be allowed to him for each order so redeemed. He said the bill was to settle existing questions and difficulties, about the Treasurers compensation.
Mr. PARRETT thought he should not have anything for cancelling county orders. He stated that he had received a certain anonymous letter censuring him, as though he had asserted here that the auditors got too much fees. He had, on the contrary, all the time stated that the auditor did not receive enough, but that the treasurer got too much.
Mr. VEATCH. There was but a very trifle of difference in this matter between the amount of labor prescribed for the auditor and that for the treasurer.
Mr. BOBBINS. The gentleman was right; and he hoped the amendment would be adopted.
Mr. CAMERON demanded the previous question, and under its operation, the report was concurred in, the amendment adopted, and the bill ordered to be engrossed.
Mr. ROBBINS made an ineffectual motion to adjourn till Monday, 9 o'clock.
TIPPECANRE BATTLE GROUND.
Mr. BLACK submitted a resolution, which was adopted, directing the Committee on Ways and Means to inquire into the expediency of fencing the Tippecanoe Battle Ground by running an iron fence along the line of the railroad, and repairing the balance of the fence with wood.
RESOLUTIONS.
Mr. HAWORTH submitted a resolution, restricting speech in the House to ten minutes.
Mr. STOTSENBERG proposed fifteen, which, on motion by Mr. CAMERON, was laid on the table.
Mr. CASON proposed five minutes, which was adopted.
The SPEAKER. The resolution lies over till Monday.
Mr. CAMERON submitted a resolution to take up the consideration of his apportionment bill No. 285; which was ruled out of order.
Mr. STOTSENBERG submitted an order to print 200 copies of the Report of the Hon. John H. Gray on the condition of the State Agent's office, and matters pertaining thereto.
Mr. BRANHAM. That was a long Report, The Committee on Ways and Means were making a summary of it, which would be embraced in their Report.
On motion of Mr. PARRETT, the order was laid on the table.
Mr. NEBEKER now submitted his resolution for no leave of absence except in cases of sickness stated.
It was laid on the table.
Mr. GROVER asked leave of absence till Tuesday for Mr. Frasier.
Mr. STOTSENBERG asked for leave for Mr. Combs : but the House refused.
Mr. HEFFREN submitted an order for the Committee on Ways and Means to inquire into the expediency of a tax assessment sufficient to pay off the State debt in five years.
The SPEAKER. A Special Joint Committee had boen appointed on that subject.
Mr. HEFFREN withdrew the resolution.
AFTERNOON SESSION.
Mr. BRUCKER obtained leave of absence sickness.
Mr. HAWORTH submitted a resolution, which was adopted, viz:
Resolved, That the Assistant Clerk be and he is hereby directed to make out and publish, as soon as possible alter the close of the present session, a complete list of all the bills introduced, and all the acts passed during the session.
Mr. HENRICKS submitted the following, and asked that it be laid on the table :
Resolved, That the Doorkeeper be directed to contract with ARIEL & W. H. DRAPIER for 600 copies of their Brevier Reports of the Proceedings and Debates of the present session of the General Assembly-one copy to be laid on the desk of each member of the House as printed, and the remainder to be bound and distributed as the Laws and Journals-Provided the said reports, except the binding, shall not cost more than one dollar per copy.
The SPEAKER. There seems to be a disposition to pass the resolution.
Mr. HENRICKS. I do not want it acted upon at this time.
Mr. CRAIN. The House is too thin to pass any important resolution.
The SPEAKER. It goes to the table.
page: 278[View Page 278]WORK FOR COMMITTEES.
Mr. Cameron's apportionment bill [288] coming up on the second reading-
Messrs. Heffren, Jenkinson, Dobbins, Horton, Bundy, Collins of Adams, Stevenson, Hayes, Smith of Bartholomew, Black, Edson, Atkisson, Ford, Cooprider and others proposed amendments ; when-
On motion of Mr. BRANHAM, it was ordered that it lie on the table, and that 300 copies thereof be printed for the use of the House of Representatives.
On motion of Mr. HEFFREN, leave was granted to withdraw the several proposed amendments.
On motion of Mr. HEFFREN, (the order of business being suspended for the purpose,) the report on the petition of John I. Morrison and others, for cleaning out the channel of the Muscatatack was taken from the table and referred again to the Committee on Swamp Lands.
The bill [S. 86] with Mr. Black's amendment; Mr. Nebeker's bill [209] and Mr. Kurd's [269] were severally referred to the Committee on Banks.
Mr. Hurd's bill 203; Mr. Grover's 207 ; Mr. Knowlton's 208; Mr. Campbell's 210; Mr. Hen-rick's 213; Mr. Kurd's 214; Mr. Bingham's 216; Mr. Mutz's 220 ; Mr. Williams'-222; Mr. Parrett's 225; Mr. Veatch's 227 ; Mr. Brett's 229, with Mr. Stotsenberg's amendment; Ways and Means's 262; Mr. Edson's 272 with Mr. Stotsenberg's amendment; Mr. Smith of Bartholomew's 268; Mr. Bundy's 275; Mr. Stotsenberg's 276, 278; Mr. Hopkins's 280; Mr. Edson's 281; Mr. Speaker Allen's 2S2 ; Mr. Veatch's 288; Mr. Branham's 289, and Mr. Bryant's 291, were severally considered and passed the second reading, and referred to the Committee on the Judiciary.
Mr. Gifford's bill 215; Mr. Heffren's 224; Mr. Dobbin's 270; Mr. Bundy's 277; Mr. Knowlton's 279 ; Mr. Fisher's 284, and Mr. Orr's 290, were severally passed the second reading and referred to the Committee on Rights and Privileges.
Mr. Giffcrd's bill 211; Mr. Edson's 257 ; Mr. Knowlton's 266; Mr. Black's 273, and Mr. Owens' 274, were severally passed the second reading and referred to the Committee on Ways and Means.
Mr. Woods's bill 212; Mr. Bundy's 277, and Mr. Wilson's 287, were severally passed the second reading and referred to the Committee on County and Township Business.
Mr. Grover's bill 47 ; Mr. Jones of Wayne's 218; Mr. Crain's 235, 264; Mr. Bingham's 258; Mr. Harvey's 259; Mr. Parrett's 261; Mr. Stotsenberg's 265, and Mr. Bundy's 267, 271, were severally passed the second reading and referred to the Committee on Corporation.
Mr. Roberta's bill 219, with Mr. Williams's amendment, and Mr. Kendrick's 223, were severally passed the second reading and referred to the Committee on Agriculture.
Mr. Jenkinson's notary bill No. 221, coming up-
On motion of Mr. Speaker ALLEN, (Mr. Bundy in the Chair,) it was laid on the table.
Mr. Lee's common pleas bill 226, was passed the second reading and referred to Messrs Lee, Crain and Owens.
Mr. Edson's constable bill 260, was ordered to be engrossed.
Mr. Veatch's normal school bill 292, coming up, was passed the second reading and referred to the Committee on Education.
NEW BILLS
Were introduced and passed to the second reading, viz.:
Mr. Stotsenberg: [295] To amend section 26 of the general city corporation act of March 5, 1857.
Mr. Hurd: [296] To amend section 15 Of the act fixing the terms of common pleas, &c. (affecting the counties of Benton, White, Carroll and Tippecanoe.)
Mr. Speaker Allen: [297] Fixing the court terms in the third judicial circuit.
Mr. Stotsenberg: [298] To regulate the rate of exchange, &c., and declaring it usury to take or charge exchange contrary to the provisions thereof, by any individual, association or corporation.
Mr. Bundy: [299] To prohibit the judges from practicing law in any of the courts of this State.
Mr. Lee: [300] To amend section 6 of the act of 1852, prescribing the powers, duties, &c.. of justices of the peace.
Mr. Stotsenberg: [301] To amend the 4th section of the act touching the relation of guardian and ward, &c.
POLL TAX.
Mr. UNDERWOOD submitted a resolution, which was adopted, that the Committee on Ways and Means inquire into the expediency of repealing all laws with referene to the assessment and collection of a poll tax.
THE SCHOOL FUND.
Mr. BLACK submitted a resolution, which was adopted, that the Committee on Ways and Means inquire into the expediency of providing for the payment of all the school fund due by the State to the sinking fund commissioners.
Mr. STOTSENBERG presented the petition of sundry citizens of Floyd county, for the protection of sheep against dogs, which was referred to the Committee on Agriculture.
He also presented a petition, signed by 43 citizens of Greenville township, Floyd county, for compromise on the Crittenden amendments, which was referred to the Committee of Thirteen.
The House then adjourned till Monday morning 9 o'clock.
