IN SENATE.
WEDNESDAY, February 27,1861.On motion by Mr. BLAIR, the reading of yesterday's journal was dispensed with.
PETITIONS, MEMORIALS, ETC.
- By Mr. BERRY: which was referred to the Committee on Corporations, without reading.
- By Mr. MURRAY: asking protection against sheep killing dogs-referred to the Agricultural Committee.
- By Mr. CRAVEN: four petitions (two of which are signed by ladies only,) praying for a Legislative act appropriating money in aid of the suffering in Kansas; which were referred to the Finance Committee, without reading.
- By Mr. CONLEY: from Greene county, in favor of the adjustment of our national difficulties upon the basis of the Crittenden proposition, or something similar : Also by Mr. LANDERS, from 240 men of all parties : Also by Mr.SHOEMAKER, from 82 persons, 70 of whom are Republicans-referred to the Committee on Federal relations, under the rule.
REPORTS FROM COMMITTEES
Were made and concurred in as follows ( unless otherwise stated):
- By Mr. MARCH: Judiciary-returning his embezzlement bill [1], amended according to instructions adopted yesterday-recommending passage.
- By Mr. ANTHONY : State Prison-returning his bill [222] to provide for the government of the State Prisons-recommending passage with amendments.
Mr. LINE moved to concur in the Committee's report, by inserting in the proper place : "elect three directors, one of which shall act as president, who shall serve two, four, and six years, from and after April 1, 1861, their respective term of office to be decided by lot."
Mr. ANTHONY did not think the number large enough. The bill provides for five directors-two for the northern, and two for the southern prison, and one president for the board.
[Leave of absence was obtained for Mr. Campbell on account of sickness.]
Mr. HAMILTON. I think this bill is premature, until we learn what the action of the State Prison Investigating Committee will be.
Mr. ANTHONY. It seems to be imperatively demanded that some legislation should be had on this subject. If we wait for the committee's report, we can take no action on this bill the present session; but that investigation can have nothing to do with this matter: it is outside of this subject.
Mr. TARKINGTON. I am opposed to this bill in the main. I cannot see the utility of it; and can see no other object in it than to turn those men out of office who were elected two years ago to serve four years. I move to lay the bill and pending amendments on the table.
This motion was rejected, by yeas 18. nays 22.
Mr. HAMILTON moved to postpone the subject till Saturday.
page: 294[View Page 294]On motion by Mr. ANTHONY, this motion was laid on the table-affirmative 22, negative 16.
Mr. ANTHONY made an ineffectual motion-yeas 18, nays 21-to lay the amendment to the committee's report on the table.
Mr. ANTHONY moved to make this subject the special order for two o'clock.
Mr. TARKINGTON moved to amend this motion by recommitting the bill, with instructions to strike out "five" directors, and insert "three."
On motion by Mr. ANTHONY, this amendment was laid on the table-yeas 22, nays 20.
Mr. TARKINGTON moved to amend by recommitting, with instructions to amend the bill, so that the present directors of the Jeffersonville prison shall be retained in office for the term for which they were elected.
On motion by Mr. MURRAY-yeas 23, nays 18-this motion was laid on the table.
On motion by Mr. TARKINGTON, this subject was made the special order for to-morrow morning at 10 o'clock.
- By Mr. SHIELDS: Swamp Lands-returning his bill 87-see page 105-recommending passage.
- By Mr. CONNER: Corporations-returning Senator Teagarden's bill 120-see page 163-recommending passage.
- By Mr. NEWCOMB: Select Committee-reporting, in accordance with petitions, a bill [250] authorizing liens in favor of attorneys and counsellors at law in certain cases; which passed the first reading.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading :
By Mr. MARCH: [251] to ascertain the amount of fees and salaries of the clerk of the Supreme, Circuit, and Common Pleas Courts of this State ; the sheriff of the Supreme Court, and of the several counties ; county auditors, treasurers, and recorders ; and to provide penalties for the violation of these provisions.
By Mr. CONNER: [552] to authorize the construction of levees and drains, and the improvement of any river, creek, or other water course.
By Mr. CONLEY: [253] To provide a more just and humane system of medical attendance for paupers in townships and county asylums and county jails, and repealing all laws or parts of laws in conflict therewith.
By Mr. WOLFE: [254] To provide for taking the enumeration of white male inhabitants of the State over the age of 21 years, and defining the duties of certain officers in relation thereto.
By Mr. COBB: [255] The same as his bill S. 3-see pages 13 and 252 of these Reports. He made an ineffectual motion-yeas 28, nays 15-to suspend the rules that the bill might be read a second time now.
By Mr. JONES: [256] To provide for confession of judgements in certain cases upon certain conditions therein named, and to enable parties in civil suits in the courts of this State to have judgment without filing a declaration other than the instrument upon which judgment is asked.
By Mr. COBB: [257] To amend section 2 of an act to provide a treasury system for the State of Indiana, &c.
By Mr. WOLFE: [258] To amend section 105 of the Practice act, approved June 17, 1852.
By Mr. SHOEMAKER: [259] To amend sections 78, 79, 94, 95, 123, 136, 142 and 143 of the valuation and assessment, act, approved June 21, 1852 ; on his motion the rules were suspended-yeas 37, nays 6-the bill read by its title only the first and second time, and referred to the Committee on Finance.
[Mr. LINE made an ineffectual motion-yeas 18, nays 21-to take from the table his bill 8-see pages 25 and 238 of these Reports-that it might be placed on the files.]
COMMON PLEAS COURTS AND JURIES.
Senator Shoemaker's bill 65-see page 88 of these Reports-coming up in order, it was read the third time.
Mr. COBB. This bill gives the judge and clerk the right to dispense with a regular panel of jurors if they deem it necessary, I think it is right, and hope it will pass.
The bill was finally passed by yeas 87 nays 4.
Senator Studabaker's bill 117-see page 163 of these Reports-was read the third time-
Mr. STUDABAKER. This bill simply provides that in cases where mortgages are foreclosed in either the Circuit or Common Pleas Courts, the clerk may go to the recorder's office and enter satisfaction.
The bill was finally passed by yeas 40, nays 0.
On motion by Mr. SLACK his bill 171-see page 212-which failed to pass for want of a constitutional majority-see page 258-was taken up.
On motion of Mr. MARCH, and by unanimous consent, the bill was amended, so that the Court of Common Pleas may fix the order in which the docket shall be disposed of.
The bill was then finally passed by yeas 37, nays 4.
Senator Cobb's bill [93,] changing the times of holding the common pleas court in Jackson county, was read the third time.
On motion by Mr. JONES, and by unanimous consent, the bill was amended, so as to change the time of holding the court in Bartholomew county.
The bill was then finally passed by yeas 40, nays 0.
BANKS AND BANKING.
Senator Claypool's bill [121,]-see page 163 of these Reports-was read the third time.
Mr. CLAYPOOL. This bill provides that, upon filing a bond to redeem the outstanding notes of a bank that has been wound up (after one or two years notice,) the officers shall have the privilege of withdrawing the securities remaining in the State Auditor's office.
Mr. NEWCOMB moved to recommit, with instructions to amend, so that where bills have page: 295[View Page 295] been redeemed for less than their face, after the lapse of two years a further dividend ball be made of the surplus in his hands, to those who have heretofore received dividends.
Mr. MARCH thought there was something meritorious in the amendment, if it could be made to fit the bill.
Mr. TARKINGTON opposed the amendment, and pointed out its inconsistencies.
Mr. MELLETT made an ineffectual motion to lay on the table the motion to recommit.
Mr. MURRAY opposed the amendment.
Mr. CLAYPOOL cited a case of hardship for the want of such a law as this (the Connersville bank,) and urged the passage of the bill, without amendment.
Mr. NEWCOMB explained the effect of his amendment, and insisted that the bill was not perfect without it.
Mr. MELLETT objected to the amendment. If there has been a just bill presented to the Legislature this session, this is one.
The motion to recommit was agreed to.
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
Senator O'Brien's bill 76-see page 96 of these Reports-coming up in order, was read the third time, and finally passed by yeas 32, nays 2.
On motion by Mr. NEWCOMB, his bill 136-see page 184-was taken up, and read the third time.
Mr. NEWCOMB. In counties embracing a population of over 30,000, the commissioners' court may set fifteen days.
The bill finally passed, yeas 29, nays 8.
Senator Johnson's bill 82, to repeal the act amending section 143 of the assessment act, approved March 4, 1859, was read the third time, and finally passed by yeas 26, nays 12.
Senator Miller's bill 96-see page 129 of these Reports-was read the third time.
Mr. MILLER. This bill provides that where a judgment shall be rendered on any instrument of writing containing promises to pay money, without relief from valuation or appraisement laws, such judgment shall contain an order that it shall be so executed.
The bill was finally passed, by yeas 33, nays 5.
Senator March's bill 98-see page 150 of these Reports-was read the third time.
Mr. MARCH. The object of this bill is to compel suits brought upon promissory notes, assigned without endorsement, to be instituted in the townships where the party liable to judgment resides.
The bill was finally passed, by yeas 29, nays 10.
Messages from the House announced the passage by that body of the bills H. R. 324, H. R. 62, and S. 104 ; also, a concurrent resolution requesting Congressmen to use all honorable efforts to prevent the renewal of a patent to McCormack's mowing machine (which was subsequently concurred in by the Senate, just before the adjournment) ; and the joint resolution S. 5-see pages 68 and 158 of these Reports.
Senator Lomax's bill 73-see page 96 of these Reports-was read the third time, and finally passed, by yeas 38, nays 0.
Senator Johnson's bill 81-see page 104 of these Reports-was read the third time.
Mr. JOHNSON. As the law now stands, a man that takes more than six per cent interest is liable to indictment, this bill amends that law, so as to allow ten per cent.
Mr. MARCH. If the civil law is changed, I will vote for this bill, but would prefer that it should lay over until that question is decided.
Mr. SHIELDS moved to indefinitely postpone the bill.
Mr. CARNAHAN. I regard this as very sharp practice as changing the rate of interest to ten per cent.; which I shall vote against first, last, and all the time.
Mr. JOHNSON. This bill only prevents men from being indicted if they take more than six, and not over ten per cent, interest. It does not change the interest law at all.
The motion to indefinitely postpone was rejected, by yeas 13, nays 26.
Mr. CARNAHAN made an ineffectual motion to lay the bill on the table.
The bill finally passed by yeas 26, nays 14 as follows:
YEAS-Messrs. Anthony, Beeson, Berry, Blair, Claypool, Conner, Conley, Craven of Jefferson, Culver, Dickinson, Hamilton, Johnson, Jones, Mellett, Miller, Newcomb, Odell, Shoemaker, Steele, Stone, Studabaker, Turner, Wagner, White, Wilson, and Wolfe-26.
NAYS-Messrs. Carnahan, Cobb, Craven of Madison, Grubb, Hull, Lomax, March, Murray, Bay, Robinson, Shields, Shoulders, Tarkington, and Williams-14.
Senator Miller's bill 88-described on page 105 of these Reports-was read the third time, and finally passed by yeas 38, nays 1.
Senator March's bill 138-see page 185 of these Reports-was read the third time.
Mr. MARCH. This bill proposes to give express power to a special judge to grant a change of venue, and to grant a continuance. I propose, by unanimous consent, to amend the bill so as to confer upon him the power to go to that county and try the case, and that not more than one change of venue shall be granted to the same party.
No objection being made, the bill was so amended, and then finally passed by yeas 40, nays 0.
The Committee on Agriculture's bill 99-described on page 158-was read the third time, and finally passed by yeas 26, nays 9.
[On motion by Mr. BLAIR, his bill 141 was taken from the table and placed upon the files.]
Mr. STEELE, from a Select Committee, returned Senator Newcomb's bill [70] for the relief of John W. White, recommending passage with an amendment, striking out the name of "John W. White," and inserting in page: 296[View Page 296] lieu thereof the name of "Lot Edwards." The report was concurred in.
Mr. CONNER; from the Committee on the Organization of Courts, returned Senator Craven's bill [221], extending the time of holding circuit courts in Jefferson county one week, recommending passage. The report was concurred in, and on his motion the bill was considered as engrossed, read the third time, and finally passed, by yeas 36, nays 0.
On motion by Mr. MURRAY, his bill 134, licensing dogs, &c., was taken up, and referred to a Select Committee of three, viz.: Senators Murray, Dickinson, and White.
On motion by Mr. MARCH, his bill 245 was taken up, read the second time, and referred to the Judiciary Committee.
On motion by Mr. TARKINGTON, the vote of day before yesterday, recommitting Senator Line's bill 54-see pages 69, 171, and 162-was reconsidered, and the bill read the third time.
Mr. WOLFE. This bill was recommitted for the purpose of obviating some objectionable features; and I will not vote for it as long as it allows pay out of the county treasury.
Mr. FERGUSON moved to recommit, with instructions to reduce the fee in cases of felony to $5.
On motion by Mr. CONLEY, this motion to recommit was laid on the table.
Mr. ANTHONY objected to the bill, because when the business is heavy it would give to prosecuting attornies an exhorbitant salary.
The bill was rejected by yeas 16, nays 22.
Mr. BEESON moved to reconsider the vote just taken.
Mr. LOMAX made an ineffectual motion to lay this motion on the table.
The motion to reconsider was agreed to.
Mr. MARCH moved to recommit the bill, with instructions to amend as follows : "nor shall the district prosecutor be paid any fees out of the public treasury, when any attorney is employed to assist in the prosecution and is paid for his services out of the public treasury."
Mr. ANTHONY offered additional instructions to strike out "$10'' wherever it occurs, and insert "$5."The motion to recommit was agreed to.[On motion by Mr. ODELL, his bill 89 was taken from the table and referred to Senators Odell, DeHart and Ray.]
Mr. MILLER made an ineffectual motion to send the following instructions to the Committee: "Amend by providing for a salary of $300 per annum, and strike out all that part of the bill which provides for the payment of docket fees out of the county treasury."
On motion by Mr. SHOULDERS, the bill H. R. 42, Was read the first time. He made an ineffectual motion to suspend the rules in order to read the bill the second time now.
Senator Teegarden's bill 106-see page 159 of these Reports-was read the third time.
Mr. TEEGARDEN. This is a copy of a law now in existence in Michigan, and it works well. I see no reason why it should not be adopted here.
The bill was finally passed by yeas 32 nays 5.
Senator Conner's bill 101-see page 159 of these Reports-was read the third time and finally passed by yeas 31, nays 9.
Mr. WOLFE made an ineffectual motion to suspend the regular order, and take up the bill [H. R. 324] fixing the times of courts in the 2d Judicial Circuit.
Senator Blair's bill 203-see page 244 of these Reports-was read the third time.
Mr. WOLFE. I think the Governor of Indiana would become a dangerous individual if he is not already so, when he shall become in possession of all the arms belonging to the State. I do not believe there is any necessity for calling the State arms here. It will lead to trouble and expense for nothing.
Mr. RAY. This is a proposition to disarm the State. I shall be compelled to vote against the bill.
Mr. MURRAY. I am in favor of the bill.
Mr. WOLFE moved to recommit the bill,with instructions to strike out all the border counties of the State.
The PRESIDENT decided this motion out of order-the roll call having been commenced.
The bill finally passed by yeas 25, nays 16-as follows:
YEAS-Anthony, Beeson, Berry, Blair, Campbell, Clay, pool, Conner, Craven of Madison, Cravens of Jefferson, Dickinson, Ferguson, Grubb, Hull, March, Mellett, Miller, Murray, Newcomb, Odell, Robinson, Steele, Stone, Teegarden, Turner, Wagner, and White-26.
NAYS-Carnanan, Cobb, Conley, Hamilton, Johnson, Jones, Line, Lomax, Ray, Shields, Shoemaker, Shoulders, Studabaker, Tarkington, Williams, and Wolf-16.
House bills 62, 824, 18, 46, 53, 69, 78, 81, 161 and 173 were read and severally passad to the second reading.
And then the Senate adjourned.
