HOUSE OF REPRESENTATIVES.
MONDAY, February 25,1861.On motion of Mr. FISHER, the order of business was suspended, and the House proceeded to the consideration of bills from the Senate on the second reading.
RAILROADS, ETC.
The bill [S. 81] To authorize and regulate the sale and perfect the title of railroads sold by foreclosure of mortgage, &c.; to reorganize rail road corporations and to legalize the sale of railroads heretofore made, coming up-
Mr. CRAIN proposed to amend so as to include accommodation indorsers.
Mr. DOBBINS proposed to amend by adding a clause, to the effect, that all property passing into the possession of railroads organized under this act shall be subject to lien for damages on account of stock killed by locomotives along their lines.
On motion by Mr. FISHER, the bill and amendments were referred to a Select Committee of Three; which the Speaker makes to consist of Messrs. Fisher, Crain and Bundy.
The Dog bill [S. 16], coming up-
Mr. FLEMING proposed to amend, by a clause for a bounty of 50 cents on each wildcat scalp, &c., to be paid out of the funds arising from the Dog tax. He also proposed to exempt one dog to each family from taxation.
Mr. JENKINSON proposed to amend, by striking out "50 cents," and inserting a provision, that each head of a family shall be entitled to keep one dog without taxation.
The bill and amendments were referred to the Committee on Agriculture.
The bills from the Senate numbered 18, 44, 77, 25, and 52, were severally passed to the third reading.
The bill from the Senate, No. 56, was referred to the Committee on County and Township Business.
The bills from the Senate numbered 26, 116, 163, 104, 175, 38, and 36, with Mr. Fisher's amendment, were severally referred to the Committee on the Judiciary.
The bill from the Senate, No. 46, was referred to the Committee on Elections.
NEW BILLS
Were introduced and passed to the second reading, viz:
Mr. Heffren: [302] Providing for taking the sense of the people on the Crittenden and on the Border States propositions(on the 1st Monday in April.)
Mr. BLACK : [303] To amend section 7 of the act of June 16, 1852, providing for the election of Clerks, &c., and supplemental thereto, prescribing the management and disposition of certain funds therein named; fixing penalties, repealing, &c.
Mr. Veatch: [304] Providing for the salary of the Attorney General, and repealing all laws in conflict with this act.
Mr. Cameron: [305] Providing for the payment of the Indiana Peace Commissioners th mode and manner of payment, and the amount to be paid said Commissioners. [$ per day $100 mileage.]
Mr. Ragan: [306] To amend sections one and ten, and to repeal sections 3, 4, 5, 6, 7,8 of the liquor law of March, 1859.
Mr. Heffren: [307] to provide for the appointment of proper persons to supervise roads when such roads extend into more than one township.
Mr. Heffren: [308] To provide for the mode and manner of appraising real estate to be mortgaged to the School fund. [Appraisement of the Treasurer on the Tax Duplicate.]
Mr. Heffren: [309] Concerning partition, fences, and prescribing who may join fence.
Mr. Cameron: [310] To provide for the government and discipline of the State Prison: to repeal the act of 1857, &c., and also so much of the act of 1859, providing for the erection of a new prison north of the National road, as comes in conflict with this act.
Mr. Henricks: [311] To empower the Directors of the Bank of the State of Indiana to clear up and discontinue the Branch at Ply. mouth in Marshall county, and to relocate a Branch at some other place.
Mr. Packard: [312] To amend section 19, of the act of March, 1859, providing for a more uniform mode of doing township business. [Trustees shall have sole control of roads where they are confined to the township.]
Mr. Grover: [314] Authorizing persons owning land along the line of any private road to maintain gates thereon, and providing for the removal of the same.
Mr. Heffren: [313] To provide for the mode and manner of electing United States Senators[by joint session the third Thursday in January.]
Mr. JONES of Tippecanoe, from the Committee on Temperance, returned sundry petitions and the bills numbered 38, 74, 128 by Messrs.: Bracker, Brett, and Roberts, with a motion, as to the petitions, that they be laid on the table, and as to the bills, that they be indefinitely postponed. The Committee express the opinion that any material change of the present liquor law, at the present time, would be highly inexpedient, because it has given such general satisfaction on a subject upon which people differ so widely. With respect to some of the provisions in the bills reported against, they report a bill in lieu, but strictly amendatory of the existing law; viz : a bill [315] to amend sections 3, 4, 5, 9, 11 of the liquor law of March 5, 1859; which was passed to the second reading.
WORK FOR COMMITTEES.
Mr. Hurd's bill 296 ; Mr. Bundy's 299, and Mr. Speaker Allen's 297 were ordered to be engrossed. The latter bill fixing the times in the Third Judicial Circuit, makes the Knox page: 283[View Page 283] county term the last in the series, and gives as much time as may be necessary.
Mr. Heffren's bill 293; the Committee's 294; Mr. Stotsenberg's 295, with Mr. Jenkinson's amendment; and Mr. Lee's 300, were referred to the Committee on the Judiciary.
Mr. Stotsenberg's 298 was referred to the Committee on Banks.
Mr. Ferguson's 301 was referred to the Committee on the Organization of Courts.
PETITIONS.
Mr. PACKARD presented the petition of sundry citizens of Marshall county for the amendment of the llth section of the liquor law, so as either to exonerate the vender from the penalty for selling to a minor, or make it it penal offence for a minor to ask for liquor assuming to be over 21 years : which was referred to the Committee on Temperance.
Mr. BURGESS presented the petition of sundry citizens of Hendricks county, for amendment of the township law so as to require a road tax to be assessed and collected, of not less than 10 cents nor more than 20 cents on the $100: which was referred to the Committee on Roads.
Mr. PACKARD presented the petition of sundry citizens of the State of Indiana for legislative instructions for a compromise on the basis of the Crittenden propositions, or some other basis equally fair and honorable : which was referred to the Committee of Thirteen.
Mr. VEATCH presented the pettition of F. S. Riggs, A. E. Barker and 55 others, citizens of Warrick county, for legislation against sheep-killing dogs: which was referred to the Committee on Agriculture.
RESOLUTIONS.
Resolutions to the following effect were submitted and adopted, viz:
Mr. ORR: That the Committee on the Organization of Courts inquire into the expediency of so amending the law regulating decedent's estates, as to allow executors and administrators to sue before a justice of the peace.
Mr. HENRICKS: Declaring a discrepany of $1,939 between the State Auditors reported statements of the receipts and expenditures on account of Swamp Lands belonging to St. Joseph county, for the year 1859 and the year 1860, and calling upon him to report what disposition has been made of that $1,939 unaccounted for, and also to explain the omission in the account of five months' time from Nov. 1, 1859, to April 1, 1860.
Mr. EDSON. That the Judiciary Committee inquire whether legislation for the speedy payment of the public debt and the completion of the Wabash and Erie Canal would be expedient; whether some of the officers of said canal cannot be dispensed with; whether some mode cannot be proposed to keep up said canal; and whether the people living along the canal can be allowed to maintain the same, without incurring any public liability?
Mr. GRESHAM: That the Committee on the Organization of Courts inquire into the expediency of allowing the prosecuting attorneys in the Common Pleas Court the same fees now allowed to the Prosecuting Attorneys in the Circuit Court.
AFTERNOON SESSION.
Mr. WARRUM obtained leave to introduce a bill [316] to regulate the Practice in the Circuit and Common Pleas on appeals from Justices of the Peace; which was passed to the second reading.
The House took up the consideration of Mr. Henricks' resolution, to authorize a subscription for 600 copies of the BREVIER LEGISLATIVE REPORTS.
Mr. HENRICKS said: Mr. Drapier, the author of these Reports, is a citizen of my county-a man with whom I am pretty well acquainted, having had the honor of canvassing the county with him last fall. He is a Democrat, and although I did my best and failed to convince him that the Democracy is not correct, he was able to convince me that he is a gentleman. Of the value of the work, and of his competency as a reporter, it is unnecessary to speak. His reports speak for themselves.
Messrs. CRAIN, NEBEKER, UNDERWOOD and FORD opposed the resolution, and Mr. HEFFREN supported it.
Mr. NEBEKER demanded the yeas and nays, which were ordered and taken, resulting-yeas 38, nays 41; so the resolution was rejected.
Mr. Haworth's resolution, limiting speeches in debate to five minutes, coming up-
Mr. ROBERTS thought fifteen minutes would be short time enought for a speech.
Mr. SHERMAN considered the time had now come for the consideration of such business as would call to the floor modest members like himself, who had been holding back all the session, and he desired they should have the privilege of speech.
The SPEAKER. Does the gentleman expect to lose his character for modesty?
Mr. SHERMAN. No.
Mr. FISHER proposed to insert the words: "without the consent of the House."
Mr. HEFFREN disliked anything like a gag rule.
Mr. CAMERON proposed to insert" except on questions relating to the Northern Prison."
Mr. VEATCH proposed: "The rule shall not apply to modest members." [Laughter.]
Mr. BUNDY. It was just now time that bills should be discussed. On his motion the resolution and amendments were laid on the table.
GIBSON COUNTY SEMINARY.
Mr. Holcomb's bill [42] to authorize the Judge of the Circuit Court for Gibson county page: 284[View Page 284] to hear testimony and make a decree tn relation to the sale of the county seminary of said county, coming up in order on the third reading-
Mr. EDSON explained that a number of persoas had subscribed for the erection of this seminary, and the object of the testimony was to ascertain the amount so subscribed.
The bill was passed the final reading-yeas 80, nays 2.
Mr. Grover's bill [46] to legalize the acts and proceedings of certain special terms of the Circuit Court, coming up, it was passed the final reading-yeas 69, nays 10.
STOCK BROKERS' LICENSE.
Mr. Speaker Allen's bill [13] for refunding license money illegally collected under the act of June 15, 1852, (which heretofore failed for want of a constitutional majority,) coming up-
Mr. Speaker ALLEN (Mr. Heffren in the Chair) again explained its provisions; and then-
The bill was passed the final reading-yeas 53, nays 24.
JUSTICES OF THE PEACE.
Mr. Collins of Whitley's bill [52] to authorize Justices of the Peace to administer any oath required by law, coming up, it was passed the final reading-yeas 70, nays 0.
Mr. Hopkin's bill [81] to quiet the title of an outlot in Evansville, corning up, it was passed the final reading-yeas 80, nays 0.
TREASURY SYSTEM.
Mr. SMITH of Bartholomew, from the Select Committee thereon, returned the bill from the Committee on Public expenditures [161] to amend the 11th section of the act of March 1, 1859, to provide a Treasury system, with verbal amendments; which were agreed to; and then-
On motion of Mr. BRANHAM, it was considered as engrossed and passed the final reading-yeas 78, nays 11.
Mr. Dobbin's bill [69] To amend the act providing for serving process on officers, directors, attorneys or agents of any railroad, approved March 4, 1853, coming up-
Mr. DOBBINS explained, that it was to change the time of process from 30 days, to not less than 15 days, &c.
Mr. Speaker ALLEN (Mr. Heffren in the Chair) said, under this bill, process may be served any time over 15 days.
Mr. FISHER objected to the expense of the newspaper publication clause.
The bill was passed the final reading-yeas 68, nay 8.
Mr. Newman's bill [41] to amend the levee act, coming up,
Mr. NEWMAN, seeing that, by the act of 1859 the object of the bill was accomplished, on his motion, it was laid on the table.
TAXING POWER OF COUNTY COMMISSIONERS
Mr. Jenkinson's bill [5] To restrict the Commissioner's taxing power to 50 cents the $100-passed and recalled from the Senate, coming up-
The SPEAKER (Mr. Heffren in the Chair.) There had been words interpolated which were not in it when the bill passed. The proper course to reach the case would be reconsideration.
Mr. FRASIER said the effect of this bill would be to reduce the price of county orders. This was alleged in the Fort Wayne newspapers. He moved that the bill be indefinitely postponed.
Mr. JENKINSON. He knew that this bill was wanted in Allen county. This opposition came from the Court House Clique. And John Dawson was their organ, who could be hired to abuse any body.
Mr. WOODHULL supported the motion to postpone; and opposed the bill at length in reply. No man had a right to change a bill any more than he has to change the matter of an indictment.
Mr. HORTON representing, in part, two of the smallest counties in the State, the passage of this bill would devolve upon them both a county debt. In all the small counties it would be sometimes necessary to levy a tax of from 65 to 70 cents on the $100.
Mr. JENKINSON gave some words of general and special denunciation of John Dawson, editor of the Fort Wayne Times. Dawson's paper was rejected wherever it was carried into respectable families. His opposition was better than his friendship.
Mr. CRAIN. There was, it seems, one county in the State desiring the passage of this bill. It was not generally desired. He knew there were counties that ought to levy more than 50 cents on the $100 for county purposes, and in all such cases they could not desire it. Therefore he was opposed to the bill.
Mr. CAMERON demanded the previous question, and there being a second, the bill was indefinitely postponed-yeas 51, nays 30.
Mr. FRASIER moved to reconsider this vote, and to lay the motion on the table. The latter motion was agreed to.
Mr. Collins of Adams's bill [47] to amend the 29th section of the Supervisors' act of March 5, 1856. coming up-
Mr. COLLINS, of Adams, explained that the object of the bill was to extend the time from the 15th of September to the 1st of November, to farmers and others to do their work on the roads.
Mr. CASON, Mr. FRASIER and others considered that since the time for returns was to be prolonged from March till June, that would obviate the principal difficulty in the case. Roads worked late in the Ml were not made better for it.
page: 285[View Page 285]On motion of Mr. COLLINS, the bill was laid on the table.
Mr. Jones of Vermillion's Circuit Court bill [51], coming up-
On motion by Mr. CRAIN, at the request of its author, it was laid on the table.
Mr. Frasier's bill [173] supplemental to the acts of March 2, '55, and December 28, '58, for (the relocation of county seats, so as to provide for the relocation of county seats where no court house has been erected, coming up-
Mr. MOODY made a brief statement of its effect.
The bill was passed the final reading-yeas 57, nays 26.
Mr. Prosser's concealed weapon's bill [63] was passed over.
Mr. Black's bill, to amend the statute, so as to authorize county recorders and county surveyors to issue fee bills for their predecessors, coming up-it was passed to the final reading-yeas 81, nays 0.
On motion by Mr. VEATCH, Mr. Anderson's Dog bill [176] [50 cents tax and $1 on the second dog,] was then taken up.
Mr. POLK proposed to recommit with instructions to amend by striking out "50 cents," where it occurs, and insert " 10 cents."
Mr. BUNDY proposed to add : " Provided that each head of a family may keep one dog which shall be exempt from license."
On motion by Mr. TURNER, the motion to recommit, with amendments, was laid on the table-yeas 52, nays 27.
Mr. ROBBINS, Mr. JENKINSON, Mr. KITCHEN and others considered that the bill would operate as a poll tax on nearly every family in the country.
Mr. CAMERON. The amendment would destroy the object of the bill, &c.
Mr. PARRETT demanded the previous question, and there was a second.
Mr. GRESHAM asked, but failed to obtain unanimous consent, to recommit the bill, with instructions to amend, by a clause turning the revenue derived from this tax into the military fund.
Mr. VEATCH (by way of reason for his vote) doubted whether this would meet the approbation of the people in every part of the State. He knew something was demanded on the subject. He had proposed a bill, not to tax dogs, but simply to turn loose the arm of society upon them to kill them-to allow every man to kill them whenever he finds them in his way. It also provides to pay three-fourths of the value of every sheep killed by dogs out of the County Treasury. He believed that a bill of that sort, without taxation, would cure this evil. The committee had thought proper to report another measure, which, whilst it did not meet his views, he should certainly vote for it.
Mr. KITCHEN gave for the reason of his vote, that the bill was not demanded, and would operate offensively in his region.
The yeas and nays were reported-yeas 43, nays 31: so the bill failed for want of a constitutional majority-51.
The House then adjourned.
