Mr. HEFFREN and Mr. HOWARD presented claims, which was referred without reading.
A message from the Senate announced the passage of sundry bills.
Mr. Parrett: [329] To permit the removal of any free bank in the State of Indiana from one place to another.
Mr. Randall: [330] To amend the 2d and 4th, and repeal the 3d section of the act of March, 1859, fixing the prices of the public printing.
Mr. Fisher: [331] Requiring traveling merchants to take out license in the county where they carry on business, and prescribing a penalty.
These bills were severally passed to the second reading.
Mr. BRANHAM had leave to submit a resolution, asking for the names of the employees of the House, that they may be used in the specific appropriation bill.
On motion by Mr. BRANHAM, the House took up the message in relation to fees which should have gone into the treasury, and it was referred to the Committee on Ways and Means.
Mr. FISHER, from the Select Committee thereon (by unanimous consent), returned the Senate's Railroad bill [S. 31], with amendments of the verbiage, and an additional section, providing that all property of said company shall be liable for damages for stock killed by their engines, &c.
The amendments were concurred in and ordered to be engrossed.
Mr. HEFFREN obtained leave to submit an order, which was adopted, that the Judiciary Committee report to the House the last day of the present session on which bills can be constitutionally passed.
REPORTS FROM THE COMMITTEE ON WAYS AND
MEANS.
Mr. FISHER returned Mr. Knowlton's bill [266] for the purchase of certain volumes of Blackford's Reports. In view of the condition of the treasury, the report recommends that the bill be laid on the table.
The report was concurred in.
Mr. FORDYCE returned Mr. Kendrick's bill [194] to provide for the sale of certain property (the Governor's house, and providing for another)reporting, (in view of the embarrassed condition of the Treasury and the country,) a recommendation that the bill be laid on the table; which was concurred in.
He also returned his bill [200] to amend the 3d section of the act of March 5, 1859, relative to the Sinking Fund, so as to authorize a partial release of lands mortgaged pursuant to the provisions of said act, and so as to authorize substitutions-recommending it passage.
It was ordered to be engrossed.
Mr. GIFFORD returned his bill [211] to authorize the superintendent or other person having charge of any county asylum, to discharge persons and apprentice minors, with an amendment of title, striking out all after the word "asylum," and inserting " or county poor house, in connection with the physician, and in certain cases with the concurrence of the county commissioners, to discharge any inmate;" and substituting new matter for the bill after the enacting clause.
The amendments were concurred in, and so the bill was ordered to be engrossed.
He also returned Mr. Veatch's State Docket fee bill [247] with amendments, verbal, and striking out the emergency clause; which were concurred in, and the bill was ordered to be engrossed.
Mr. FISHER, from the Committee on Banks, returned the bill [S. 86] to amend the general banking law, with amendments and an additional section-emergency.
Mr. GROVER. By the present law the treasurer is made custodian of the bonds deposited; and when these bond are sold, the money is placed entirely under the control of the auditor. I wish to amend the bill so as to place this money in the hands of the treasurer; so that the auditor shall draw his warrant for any amount of currency that may be presented; but I have mislaid my amendment.
Mr. FISHER suggested that the gentleman incorporate his provision in a separate bill.
Mr. GROVER. The additional bill was unnecessary. He moved to recommit the bill, with instructions to amend, as he had indicated.
Mr. CRAIN explained the provisions of the bill, and the necessity for its immediate passage to secure the note-holders of the late Bloomington Bank.
Mr. BUNDY. The bill was demanded by page: 308[View Page 308] the interests of the State, and a recommitment might be fatal.
The House refused to recommit, as well as a motion to lay on the table; and then the amendments were concurred in and ordered to be engsossed.
Mr. VEATCH desired to report from the Judiciary Committee an amendment to the Common Pleas Act-proposing that that Court, by its own rules shall direct how the business shall be docketed and disposed of, and when the jury shall be summoned; but was cut off by the order for the daily consideration of bills on the third and last reading.
Mr. Edson and Mr. Orr had leave of absence.
CONCEALED WEAPONS.
Mr. Prosser's bill [63] To repeal the act of February 21, 1859, to prevent the carrying of concealed or dangerous weapons, and to provide punishment therefor, coming up in order on the third reading, it was rejected-yeas 14, nays 75.
Mr. Sherman's bill [140] To authorize the President of the Board of Sinking Fund Commissioners (late President of the State Bank of Indiana,) to make deeds and satisfy mortgages in certain cases coming up, it was passed the final reading-yeas 92, nays 0.Mr. Woods' bill [71] To amend section 14 . of the misdemeanor act of June 14,1852, coming up-
Mr. WOODS said, a Senate bill of the same import was on the calendar; and on his motion it was laid on the table.
Mr. Woodhull's bill [36] for relief of the heirs of Michael O'Brien, coming up-
On motion of Mr. WOODHULL, it was laid on the table to give place to a similar bill from the Senate.
Mr. Black's bill [100] To authorize township trustees to sign certificates of purchase of saline lands which were purchased with school funds by the inhabitants of school districts in Congressional townships, for school house sites, coming up-it was passed the final reading-yeas 80 nays 0.
Mr. McLean's bill [33] To protect the titles of purchasers of railroads, &c., and to enable them to exercise corporate powers, coming up-
On motion of Mr, McLEAN, it was laid on the table to give place to a similar bill from the Senate.
Mr. Orr's fish bill [136] was laid on the table-a similar bill having been defeated in the Senate.
Mr. McLean's bill [94] Touching the salary , of the common pleas judges, (to be paid out of the county treasury,) coming up-
On motion of Mr. BUNDY, it was laid on the table.
COURTS OF CONCILIATION.
Mr. McClurg's bill [22] to repeal the act of June 11, 1852, establishing Courts of Conciliation coming up-
Mr. McCLURG and Mr. BUNDY offered considerations in favor of its passage.
Mr. Speaker ALLEN (Mr. Heffren in the chair) also spoke in favor of the repeal of the act of 1852. Courts of conciliation were a nuisance.
Mr. PROSSER. More than half of the slander suits in Ms county had been adjusted and settled in the Court of Conciliation. Was it an effort of lawyers here to repeal this court.
Mr. DOBBINS. A public conviction was a better sanction of law than a private composition. Courts of Conciliation were a secret organization, akin to Knownothingism.
Mr. CAMERON opposed the repeal-giving examples-and appealing to the constitutional provision. This was one of the best laws in the statute book for settling slander cases.
Mr. BRANHAM. Would this repeal have any effect on the efforts to conciliate our Southern fellow-citizens?
Mr. ROBERTS demanded the previous question, and under its force the bill was rejected-yeas 37, nays 53.Mr. Prosser's bill [102] to amend the third and fourth sections of the game law of February 26, 1857 [pheasants, quails, and prairie hens]coming up-
Mr. DOBBINS made an ineffectual motion to recommit, with instructions to strike out all that relates to quails.
On motion of Mr. STOTSENBERG, it was laid on the table.
Mr. Woodhull's bill [106] to amend the 13th section of the misdemeanor act of June 14, 1852-making it optional with the court to send to the States' prison-coming up, it was passed the final reading: yeas 57, nays 32.
Mr. Jones of Vermillion's bill [122] to organize a common pleas district to bo composed of the counties of Vermillion, Parker, and Putnam; to provide for the election of judge and district, attorney thereof; to fix the terms and make writs, process, &c., returnable thereto, and declare when and how the same shall take effect-coming up-it was rejected: yeas 44, nays 66.
The Judiciary Committee's bill [238] supplemental to the act of March 5, 1859, requiring surviving partners to file inventory, appraisement, and affidavit, with the clerk of the Court of Common Pleas, and to report the liabilities of the firm-coming up-it was passed the first reading-yeas 92, nays 0.
Mr. Brucker's bill [64] authorizing aliens to hold lands in the State of Indiana, coming up [reciprocity act], it was passed the third and last reading in the House-yeas 80, nays 0-with an amendment of title inserting these words : "by devise or descent, and to sell and alienate the same."
Mr. Prosser's bill [243] fixing the times of holding the Circuit Courts in the First Judicial Circuit and repealing all laws conflcting therewith; coming up[changing the time only in the counties of Brown and Switzer page: 309[View Page 309]land] it was passed the final reading-yeas 90, nays 0with an amendment of title, making process returnable, &c.
Mr. Packard's Common Pleas bill [264] changing the terms in the counties of Marshall, Elkhart, St. Joseph and Laporte-coming up-it was passed the final reading-yeas 85, nays 1.
Mr. Cason's bill [116] to require manufacturers and dealers in patent medicines to label their packages, &c., with the ingredients $20 penalty]-coming up-it was passed the final reading-yeas 82, nays 4-with an amendment of title: "prescribing, a penalty."
Mr. Stotsenberg's bill [30] to amend the 78th section of the Pactice act[respecting a change of venue-with reference to the papers-where more than one are in the same matter, and not all desiring the change of venue]coming up-it was passed the final reading-yeas 83, nays 0.
The SPEAKER laid before the House a communication from the Auditor of State, transmitting in response to a resolution of the House, an abstract of the reports from the county auditor's as to the amount of fees received by them during the years 1859-60.
On motion by Mr. WILSON, it was referred to the Committee on Ways and Means.
AFTERNOON SESSION.
The Judiciary Committee's bill, No. 317, (taxing bank stock on certificates) and Mr. Heffren's [318](where the appraisers can't agree, a third may be called in)coming up on the second reading-they were ordered to be engrossed.
Mr. Packard's insurance bill [320] increasing the board of trustees of the Indiana University to eleven, three to reside in Monroe county, &c., (with Mr. Dobbins' amendment, proposing James E. Blythe for a trustee, instead of Foster,) was referred to the Committee on Corporations.
Mr. Bundy's bill [321] with Mr. Bluck's amendment, was referred to the Committee on Roads.
Mr. Crain's bill [322] to repeal section 28 of,the railroad act of May 11, '52-individual liability of stockholders-was referred to the Committee on the Judiciary.
Mr. Wilson's bill [323] was referred to the Committee on Education.
REVENUE.
The Ways and Means Committee's revenue bill [H. R. 325]-15 cents on the $100 and 50 cents poll0was passed the second reading.
On motion by Mr. BRANHAM (the constitutional provision being suspended for the purpose), the bill was considered as engrossed. He said the bill contemplated nothing but the ordinary expenses of the State, and the repayment of the late loan of $75,090.
The bill was finally passed-yeas 81, nays 0.
Mr. HEFFREN submitted an order for a night session, which was adopted.
On motion by Mr. LANE, the order of business was suspended, and the House proceeded to the consideration of bills from the Senate.
The Michael O'Brien bill [S. 107] was read the first time ; and the election bill [S. 30] was read twice by title (under a suspension), and referred to the Committee on the Judiciary.
REPEAL OF THE NEW COUNTY ACT.
The Senate's amendment to the new county bill [H. R. 39] : "Provided that nothing herein contained shall bo so construed as to affect any county organized under existing laws," coming up-
Mr. EDSON proposed to concur with adding; "Nothing in this act shall be so construed as to affect any proceedings for the formation of the proposed new county of Bourbon;" which was laid on the table.
Mr. HEFFREN proposed to concur with adding these words : "or to affect proceedings for the purpose of forming new counties, where the petitioners have had, or now have their petitions pending in the Supreme Court." He disliked this rule of legislating men out of court.
On motion of Mr. PROSSER, it was laid on the table-yeas 62, nays 24.
And then under the force of the previous question, the Senate's amendment was concurred in.
On motion by Mr. HEFFREN, the House now returned to the consideration of bills on the third reading.
WIDOWS' EXEMPTION.
Mr. Edson's bill [435] to amend section 6th of the Assessment act of June 21, 1852, so as to exempt from taxation the personal property of widows where it does not exceed $300 in value-coming up-
Mr. JENKINSON moved ineffectually to lay it on the table-yeas 10, nays 73 : and then, under the pressure of the previous question, the bill was passed the final reading : yeas 72, nays 11.
Mr. Hurd's Common Pleas bill [296] (fixing the terms in the counties of Benton, White, Carroll, and Tippecanoe-but only changing the time in Benton county), was passed the final reading in the House : yeas 83, nays 1.
Mr. Jenkinson's bill, to enlarge the legal capacity of unmarried women, whose husbands are insane [gives them the same control of their property that widows have], was finally passed the House : yeas 77, nays 8.
Mr. Edson's bill [124] To cure defects in the acts of deputy clerks, (legalizing their acts,) was finally passed the House-yeas 78. nays 6.
Mr. Burgess' bill [115] To amend the first section of the act supplemental to the act of February 17, 1852, to exempt certain property from execution, approved March 5, 1859, (the wife may make out the schedule in the absence of the husband-to exempt the $300,) was passed the third and last reading in the House-yeas 87, nays 1-with an amendment of title, adding: "And to provide for the page: 310[View Page 310] filing of affidavits in the absence of the defendant.
WIDOWS' EXEMPTION AGAIN.
Mr. DOBBINS moved to reconsider the vote passing the widows' exemption bill [H. R. 135] desiring to amend so as to exclude widows owning real estate from its benefits.
Mr. SMITH of Bartholomew, and Mr. FORD spoke for the re-consideration.
Mr. FRASIER made an ineffectual motion to lay the motion to reconsider on the table.
The motion to reconsider was agreed to; and the questson recurred on the final passage.
On motion by Mr. WOOHULL, the words "real and" were inserted before the words " personal" in the bill (by unanimous consent;) and then the bill was again finally passed-yeas 76. nays 4-with an amendment of title.
Mr. Packard's bill [114] To amend the first section of the Manufacturing, Mining, Mechanical and Chemical Corporation's Act of May 20, 1852, so as to provide that such corporations may supply motive power or cities with water, was considered and passed the 3d reading-yeas 73, nays 10.
Mr. Henricks' bill [77] To amend the 6th section of the act of May 22, 1835, to incorporate the St. Joseph Iron Company, and to repeal certain sections thereof, coming up-
Mr. HENRICKS said: At an early day, when the St. Joseph country was first settled, that river was used for carrying off produce : and for that reason, this Company, by their charter, was required to construct and keep up a lock around their dam. Since that day, a raileosd has been built along the entire length of the river. Navigation had been suspended; the locks had gone out of use for the last eight or nine years. And the object of the bill is to do away with the necessity to keep up these locks, since there is no further commercial necessity for them.
The bill passed the House-yeas 77, nays 3.
The Judiciary Committee's bill [129] To amend the 178th section of the decedent's estates' act of June 17, 1852, (leaves out the words "of the State,") was passed the final reading-yeas 81, nays 5>
The SPEAKER requested Mr. Crain to be presens and take the Chair at 7 o'clock for the night session.
On motion of Mr. HEFFREN, the House took a recess till 7 o'clock.
NIGHT SESSION.
The SPEAKER [Mr. Crain in the Chair] called to order at 7 o'clock P. M.
The bills from the Senate numbered 20, 57, 65, 73, 76, 81, 82, 88, 93, 96, 98, 99, 101, 106, 117, 136, 138, 171, 203, 221, were severally passed to the second reading.
REPORTS OF THE STATE BOARD OP
AGRICUL
TURE.
Mr. FISHER, by unanimous consent, submitted a joint resolution. He said from examining into the expenses of the lie Printing, that the cost of printing the Report of the State Board of Agriculture amount" to about $9,000 a volume. His joint resolution was numbered 34, to discontinue the publication of the State Board of Agriculture.
Mr. STOTSENBERG moved to refer it to the Select Committee on Printing.
Mr. HEFFREN hoped it would not be refer red. Let us stop each case of abuse as we find it-at once.
Mr. PROSSER referred to the publication three years ago of reports from the Superintendent of Public Instruction, and the Documentary journal-costing this State $10,000 which was not worth one cent after they were published-as a most outrageous practice upon the Treasury. Let us clean this thing out: ("consent") he did not care whether Democrat or Republican were involved He was in favor of this two years ago.
Mr. FISHER. In presenting this resolution, he did not wish to be understood as making any charge of corruption. The law requires the State Board of Agricultute to make a report; and this made it a sort of State affair-showing its transactions, expenditures &c. He was not aware of any law requiring the publication of these reports; but they were placed in the hands of the public printer, and generally published from a year and a half to two years after date, when they have become entirely valueless. He regarded it simply as a useless expense, and wished to stop it.
Messrs. Davis, Black, Frasier and Branham spoke in favor of the resolution ; and then the motion to refer was lost, and the joint resolution adopted-yeas 70, nays 0.
FREE BANKS IN LIQUIDATION.
Mr. NEBEKER, from the Committee on Banks, (by consent,) returned his bill [209] To amend section 9 of the general banking act of March 23, 1855, so as to make disposition of certain moneys arising from bank deposits, to secure their circulation; and to provide for the redemption of their notes-with an amendment, striking out. after the word "to wit" in the 44th line, and inserting provisions requiring the Auditor of State, at the end of five years after a free bank shall have been closed on account of protest of their notes, to deposit what may remain in his hands of their security bonds, with the Commissioners of the Sinking Fund, who shall thereafter continue to redeem their still outstanding circulation at the rate per cent, of discount which their securities will justify, &c., with other provisions. He said there were now in the hands of the Auditor some $17,000 of the security bonds of the broken stock banks; and that their circulation thereupon was being redeemed by him at the rate of about five per cent, per annum. He proceeded to show that these dead free banks had no right page: 311[View Page 311] to these security bonds: that they belong to their bill holders. But since these could not all be found, the bonds, he thought, ought to go into the State Treasury. The Committee on Banks, however, had overruled him in this, and instructed him to report that they shall go into the Sinking Fund. The small amount of notes now redeemed, indicates that they must he nearly all lost. The best thing that could be done with the remainder of these security bonds is to throw them into the School fund.
Mr. BUNDY. What right has the Sinking fund to these bonds. They ought to go again into the hands of their owners, the banks, if they will give security to the Auditor in doubble the amount of their liabilities. He submitted that the bill holders would be amply protected by these banks filing the required security with the Auditor.
Mr. FISHER. The Auditor, he supposed, was using these security bonds, and putting the proceeds of their interest into his own pocket. He understood that this bill does not touch those frees banks that have paid their notes at par. If it did, it was wrong. For all such were unquestionably entitled to the balance of their security bonds.
Mr. HEFFREN. What claim had the State on this money? Was it to be, that the banks shall first swindle the people, and then the State swindle the banks, and give their money to the school fund?
Mr. BRANHAM considered that the balance of the security bonds ought to be distributed amongst those who have lost by the depreciation of the bank notes.
Mr. FISHER. The difficulty would be to find then.
Mr. WOODHULL. The banker lost when his bonds depreciated.
Mr. HOPKINS. Did he not save himself by holding his bills receivable?
Mr. WOODULL. If a man go into banking he does it for the purpose of making money legitimately, &c.
Mr. PROSSER. This overplus of security bonds belonged to the counties on account of taxes, which, so far as lie knew, they had never been able to collect. The tax bill of Brown county against the Bank of Nashville was over $600. This money belonged to the counties, and the State had no right to take it from them. He moved to recommit the bill.
Mr. EDSON. The Supreme Court have decided that you ean't tax the capital stock of a bank, but only the individual stockholder.
Mr. GRESHAM considered that the State held these bonds as an agent to secure the bill-holders; and could hold or dispose of it in no other way.
Mr. FISHER, satisfied that the bill was not what the committee designed, was willing to recommit it.
It was accordingly recommitted to the Committee on Banks.
Mr. BINGHAM, from the Committee on Organization of Courts, returned the bill [240] fixing the time of holding Courts in the 11th Circuit, &c., and suggesting amendments and the unconstitutionality of the third section, he requested that it be referred to a select committee of representatives from the counties proposed to be affected by it. It was so ordered.
He also returned Mr. Stevenson's guardian and ward bill [301] requiring the guardian to make his application to sell real estate in the county where the land is situated; and it was ordered to be engrossed.
Mr. NEWMAN returned Mr. Jones of Tippecanoe's Twelfth Circuit bill [244], with an amendment taking one week from White and giving it to Newton county ; which was concurred in, and so the bill was ordered to be engrossed.
He also returned the Common Pleas docketing business bill, and it was ordered to be engrossed.
He also returned Mr. Hopkins' canal bridge bill [248], which was ordered to be engrossed.
Mr. PARRETT, from the Committee on the Organization of Courts, returned Mr. Frasier's 17th Circuit bill [183], and his own Circuit bill [201], and they were indefinitely postponed ; and in lieu thereof, he reported a new bill [332] To create the 17th Judicial Circuit; to provide for the election of judges and prosecutor thereof; to fix the times of holding its terms, &c.; and to make provision for the terms in the 10th Circuit. The 17th Circuit to embrace the counties of Dekalb, Steuben, Lagrange, Noble, and Allen, set off from the 10th Circuit. The bill was passed to the third reading.
SWAMP LAND FRAUDS.
Mr. MOODY, from the Committee on Swamp Lands, returned the resolution for the appointment of a committee to inquire into the alleged frauds on the swamp land fund, and upon considerations submitted in writing, the committee report a series of resolutions captioned: "A concurrent resolution, providing for a joint select committee, two on the part of the House and one on the part of the Senate, to inquire into the alleged frauds upon the swamp land fund, and investigate the same;" with power to sit in the vacation of the General Assembly, either at Indianapolis or at the county seat of any county in the State, and with power to send for persons and papers. To report to the Governor as often as they shall complete the investigation of any one county, in order that the Attorney General may bring suit. Said committee shall also have power to employ a clerk and messenger, at $3 per day.
Mr. HEFFREN understood that the Senate had passed the same resolution this afternoon, and suggested the propriety of waiting till that resolution shall come down, and save going over it twice.
Mr MOODY. The two committees-the page: 312[View Page 312] committee of the House, and the committee of the Senate-have conferred together. We held a meeting last night; and it was then understood between the members of both committees, that these resolutions should be reported to the House to-day; and if the House passed them, they would then recommend to the Senate the same resolutions. I was not before aware that any such action had been taken, and I am not yet aware that any action has been taken in the Senate which covers this ground. But if the same action has been taken there, it certainly can do no harm to pass these resolutions. I suppose, sir, that these resolutions will take but little discussion. The fact that frauds have been committed upon this fund, nobody doubts on denies. There is an imperative necessity for investigation. The onry question is, how the proposed investigation shall be made cheapest, and at the same time in a thorough and satisfactory manner. I said the necessity for investigation is imperative. I cannot think that any gentleman on either side of the House doubts that necessity. I know that those directly interested in the question demand a thorough investigation; and they will not excuse this Legislature if they do not provide for some effectual investigation of the whole matter. It would prove to be not only an expensive, but almost an impossible, matter to investigate these frauds by a committee sitting at Indianapolis. Many of the facts are upon paper in the books of the officers of the different counties. The papers have to be examined. They have to be at hand when the witnesses are axamined. These are the foundations of the vouchers, in the offices here, and in the books and papers of the Commissioners and Engineers in the counties where these frauds have been committed. Some objections like this have been suggested to me; that, inasmuch as this magnificent fund is gone-has been sunk beyond recovery, it is useless to make investigation. Let me say to those who urge that view, that, if it does cost money, without any hope of recovery, still it is the imperative duty of the State, in order to vindicate her honor as well as her interest, to make this investigation. For myself, I can say I am fully convinced that there can be sufficient recovered to more than trebly pay the expense of the investigations. I know that there are pretended titles in my county, that never can be sustained in any court. That anything can now be saved for the common school fund, I am inclined to doubt; because the very provision which gave us this fund, provided that the revenues arising from the sales of the swamp lands, should be first used in reclaiming the land by ditching. Many a man has purchased his thousands of acres of these lands, with the express provision that it should be ditched; and they have been wronged in this, and they feel the wrong, and will be forward to expose it.
Mr. HEFFREN suggested that the proper course would be to make the resolutions special order.
On motion by Mr. BUNDY, the consideration of the resolutions was postponed and made a special order for Monday 10 o'clock.
The SPEAKER announced the special Committee on the llth Circuit Court bill [240] according to order above written, viz.: Messrs Hall, Fisher, Crain, Smith of Miami, Knowlton and Thompson.
The House adjourned.
