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.
