HOUSE OF REPRESENTATIVES.
TUESDAY, February 26,1861.PETITIONS AND MEMORIALS.
Mr. BUNDY presented the memorial of L. B. Stout and others, ministers of the gospel, of the State of Indiana, asking for a change of from one to three miles in the distance of huckster stands from religious meetings, in the act of March, 1859; which was referred to the Committee on Rights and Privileges.
Mr. BRANHAM presented two memorials for claims; which were referred to the Committee on Claims.
Mr. DAVIS presented the petition of Wallace Davis and 200 others, citizens of Scott county, without respect to party, memorializing for legislative instructions to the Peace Congress, and our Senators and Representatives in the Congress of the United States, to compromize on the basis of the Crittenden propositions, or upon some other basis equally fair and honorable.
Mr. HAYES presented the petition of sundry citizens of Madison county, for the same object.
Mr. STOTSENBERG presented the petition of sundry citizens of Floyd county, for the same object.
Mr. BRETT presented two petitions, one signed by 1,000 legal voters of Daviess county, and the other signed by 84 citizens of said county, for the same object; and he stated his information that there are not one hundred men in Daviess county who would not have page: 289[View Page 289] signed it if there had been time to circulate it.
These petitions were severally referred to the Committee of Thirteen.
[A message from the Senate reported the action of that body on sundry bills.]
Mr. HEFFREN presented the claim of Mr. Carter, which was referred to the Committee On Claims.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. HEFFREN returned Mr. Knowlton's bill [208,] to amend section 26 of the railroad act of May 11, 1852, recommending its passage.
Mr. BUNDY returned the Ways and Means Committee's bill [237,] to provide for paying Over the proceeds of estates without heirs, to the commissioners of the sinking fund; recommending passage.
Mr. GRESHAM returned Mr. Grover's bill ("207,] to amend section 156 of the practice act; recommending passage.
These bills were severally ordered to be engrossed.
Mr. BUNDY returned Mr. Hurd's bill [203,] for the registration of births, marriages and deaths, with the opinion that legislation thereon is inexpedient.
Mr. JENKINSON returned Mr. Smith of Bartholomew's bill [258,] providing for the service of writs against sheriffs, &c., with a recommendation that it be laid on the table ; which reports were concurred in.
Mr. GRESHAM returned the Senate bill [5,] with amendments striking out the title, and inserting: An act to amend the first section of the practice act, and to provide that county auditors and treasurers shall be competent witnesses in suits now pending relative to the surplus revenue and the school and trust funds, under the act of Feb. 27, 755; and then striking out all after the enacting clause, and inserting new matter, [amendatory of the 38th section of the practice act, with reference to &c.]
Mr. GRESHAM. It provides that where a claim is assigned, and suit is brought, and the assignor is introduced as a witness, that then the adverse party may offer himself as a witness. This same section was amended in 1855, and it became necessary to recite that , amendment in the bill; hence the amendment to the Senate bill.
The amendment was ordered to be engrossed.
Mr. CASON returned Mr. Roberts's bill [206,] supplemental to article 9 of the practice act, to provide for the hearing of witnesses in attachment, &c., with a recommendation that it be laid on the table; which was concurred in.
Mr. WOODHULL returned Mr. Veatch's bill [227,] supplemental to the pratice act, recommending its passage.
The bill was ordered to be engrossed.
Mr. HEFFREN returned the bill to amend section 238 of the practice act, so as to admit parties in civil actions to testify on their own behalf, with certain restrictions ; recommending its indefinite postponement.
Mr. WOODHULL returned Mr. Hurd's bill [214,] to regulate marriages, &c., recommending that it be laid on the table.
Mr. BINGHAM returned Mr. Campbell's bill [210,] to abolish the death penalty; recommending that it be laid on the table.
Which reports were severally concurred in.
He also returned the resolution instructing the Judiciary Committee to inquire into the constitutionality of taxing banks on their capital stock, and reported a bill [317,] regulating the assessment and collection of taxes on the capital stock of the Bank of the State and branches, and the stock banks; which was passed to the second reading.
Mr. GRESHAM returned Mr. Bryant's bill [291,] supplemental to and to amend the first section of the act to enable trustees to receive lands and donate and convey the same for the benefit of schools, churches, Masonic and Odd Fellows lodges, &c., and for the construction of churches, school houses, &c., approved June 15, '52; recommending its passage.
Mr. VEATCH returned Mr. Jones of Tippecanoe's bill [256,] to authorize the judges of the circuit and common pleas courts to hear and determine all demurrers, motions and applications for the production of books or papers, and for the appointment of receivers, in vacation; recommending its passage.
The bill was ordered to be engrossed.
Mr. VEATCH returned Mr. Hopkins' bill [280] to repeal the act for voluntary assignments, recommending indefinite postponement; which was concurred in.
THE MILITIA.
Mr. GRESHAM, from the Committee on Military affairs, returned his bill [105] for the reorganization of the militia, and to provide for a military fund, with an amendment, striking out all after the enacting clause and inserting new matter; and, on his motion, it was ordered to be laid on the table and printed.
PUBLIC PRINTING.
The House now proceeded to the consideration of the special order, viz.: Mr. Heffren's bill [17] to give the public printing to the lowest responsible bidder, and to abolish the office of Public Printer; and his joint resolution to give the public printing to Thomas A. Goodwin, at 25 per cent below the present legal rates.
Mr. FRASIER moved that the bill be indefinitely postponed.
Mr. CAMERON demanded the previous question.
Mr. HEFFREN demanded the yeas and nays; and there was a second-yeas 46, nays 42:
So the main question was ordered.
Mr. HEFFREN asked, pro forma, to be excused from voting, to enable him to say: This is the first time in my experience in legisla page: 290[View Page 290]tion when the friends of a measure have been cut off by the gag from making their amendments to perfect it. We are ready with our amendments. This is not a party measure. Four years ago we voted for it, when the Democrats were in the majority. And we have a memorial on our tables, by a man not of the Democratic party, offering to do the public printing at 25 per cent, below the prices established by law. If this bill is indefinitely postponed that is an end of it so far as this session is concerned. What then will the people say of a Legislature that will go on paying $5,000 to $10,000 more than the public printing is offered to be done for by a practical man?
Mr. SMITH, of Bartholomew (pro forma.) This is not a party measure with me; but I am free to admit that I have some prejudice against the gentleman proposing to do this printing. If I dare vote against public economy, I could do so most willingly in this case; for I do not believe this man ought to have anything at the hands of either party.
Mr. FRASIER-pro forma. I shall vote for postponement, because there has been a Select Committee appointed of practical printers, to report a bill cutting down the rates to the lowest living point, and on that bill gentlemen will have an opportunity to vote for retrenchment and reform in this matter, if they wish.
Mr. STOTSEN BERG-pro forma. The very day the Republican majority here proposed to elect a State Printer, I offered a resolution to postpone it till we could mature this bill: and I referred to the gross frauds connected with the public printing which ought to be corrected, and which were pointed out in his paper by the very man whom they were desirous of electing. I did this because I knew that, after he was elected, the majority would never give up the spoils. Now they have got their printer, they are not going to give him up. But the people will remember the matter. ("Consart.") I call for the reading of the bill.
The bill was read by the Clerk.
Mr. SHERMAN-pro forma. I vote for indefinite postponement upon principle-upon the belief, that to the victors belong the spoils. Two years ago, when the gentleman came here to abolish this office, after the election of John C. Walker, I then voted against it; and I shall vote against it now, more especially, because the printer we have elected is under a written pledge to submit to any restrictions which his friends may prescribe. I voted against abolishing this office two years ago, believing that the time was not far distant when we would have control of it; and now we have got it, it seems to me to come with a very bad grace from that side, the moment it falls into our hands, to ask us to abolish it. I distinctly say to the House, that if I believed that the abolishing of this office would result in saving $10,000 to the State, I would not do it. It belongs to the Republican party.
Mr. JENKINSON-pro forma. I don't care who does this work, but the question is, who does it cheapest and best. The sentiment of the gentleman from Laporte is wrong. I hope the day will come when that sentiment will be abolished. I will vote for anything here that will lighten the burdens of taxation. I am willing the Republicans shall have the offices. My object is economy.
Mr. PACKARD-pro forma. I am a member of the Committee on Printing; and if report is expected from that Committee it is a very poor source of expectation.
Mr. GRESHAM-pro forma. At an early day of the session I introduced a resolution for inquiring into the abuses of the office of the public printer. I have been unfaltering in my course. I have been from the first in favor of abolishing this office, but the House have all the time refused to let our committee have this bill, knowing that we would have reported it back and recommended its passage. When the gentleman from Laporte comes in here and endorses the sentiment, that to the victors belong the spoils, he endorses a doctrine that I can not. It is preposterous. When it comes to that, sir, your government will be rottenness, and there will be no more hope for the patriot. This printing business is purely mechanical, and there is no reason why we should make a State officer to do the public printing.
Mr. CASON-pro forma. I have always been an advocate of reform in all our State matters. I understand that this bill has been introduced for the purpose of placing the printing of the State in such a position, that men who have peculated upon the State, and run off with their gains, may have the privilege of entering into competition with other men for the purpose of continuing their peculations. For these reasons I shall vote for the postponement. He withdrew his application to be excused.
Mr. DOBBINS. Two years ago I voted against abolishing the office of State printer, because there was no provision of law authorizing its abolishment. Now there is a condition that the Legislature may abolish it, which presents a widely different case.
Mr. CRAIN-pro forma. I believe that the letting out this printing will cost a great deal more in the result than the present arrangement. I have not the slightest doubt it. He withdrew his motion to be excused.
Mr. FISHER. In all my life, which has not been a short one, I have been much engaged in superintending public work; and my experience is, that, unless you can have some person to superintend the movement of the work under a contract, the State will be the loser from beginning to end.
Mr. ROBBINS. Democrats here have not been opposed to this measure in years gone by. I recollect a bill passed the Senate four, years ago, to abolish this office. I think we might as well have a stone mason for the State, as
