HOUSE OF REPRESENTATIVES.
FRIDAY, March 1, 1861.Mr. JENKINSON made an ineffectual motion to take up his bill [221], authorizing notaries public to solemnize marriage, and refer it to the Committee on the Judiciary.
CLAIMS.
Mr. SLOAN, from the Committee on Claims, returned the claim of H. C. Carter for $21 for ropes and fixtures for raising the flag on the dome of the Capitol; and the claim of George Sayits for $14 80, for service as a witness before the Bank Frauds Investigating Committee in 1857-recommending their allowance : which reports were referred to the Committee on Ways and Means.
He also reported against the claim of N. P. Cunningham for $40, paid to some person claiming to be a clerk of the Committee on Swamp Lands upon the certificate of the chair man : which was concurred in.
On motion of Mr. DOBBINS, the vote by which Mr. Gray's claim was disallowed, was reconsidered and referred again to the Committee on Claims.
On motion by Mr. FERGUSON, the vote on Mr. Valentine's claim was reconsidered, and it was also recommitted.
Mr. GRESHAM, from the Committee on Military Affairs, returned Mr. Heffren's Militia Reorganization bill [146] recommending its indefinite postponement: which was concurred in.
RIGHTS AND PRIVILEGES.
Mr. HURD, from the Committee on Rights and Privileges, returned the petition of S. H. Floyd, for the protection of property from injury bo hunting parties in inclosed fields : recommending that it be laid on the table.
Mr. LEE returned Mr. Frasier's bill [284], to amend sections 1, 2, and 3 of the act of March 6, 1855, to provide for the relocation of county scats, and for the disposition of groonds used for county seats, &c.: a majority of the committee recommending that it be laid on the table.
These reports were concurred in.
Mr. HEFFREN. The bill provides, that where two-thirds desire it, they may relocate, &c.; and where the county buildings have become old, it authorizes the Commissioners to condemn them, and take their proceeds and build new ones on other grounds designated by two-thirds, &c.
Mr. SMITH of Bartholomew, hoped the report would be concurred in. The committee had had the matter before them for 10 days, and considered it well. They had been lobbied with and humbugged more for this bill than for any other bill of the session. It would give too much power to the county commissioners. He spoke generally against the bill.
Mr. HEFFREN replied.
Mr. NEBEKER supported the report.
The report was concurred in, and accordingly the bill was laid on the table.
GAME LAW.
Mr. LEE, from the Committee on Rights and Privileges, returned Mr. Knowlton's [278]-supplemental to the game law[shall not take game on the lands of another without the consent of the owners, and providing a penalty)- recommending its passage.
Messrs. McClurg, Crain, and Smith of Bartholomew, opposed the bill: and Mr. Branham and Mr. Atkinson, supported it.
Mr. STOTSENBERG proposed to amend, by inserting "enclosed or improved premises."
Mr. BUNDY inquired if frogs are to be regarded as game?
Mr. FRASIER moved to lay the bill and page: 317[View Page 317] amendment on the table: but withdrew for a direct vote.
Mr. Stotsenberg's amendment was adopted.
Mr. KNOWLTON. It was no more than just that the farmer should be protected from marauding bands with packs of dogs.
Mr. THOMAS hoped every farmer would go for the bill. There was an interest here that ought to be protected.
Mr. FERGUSON demanded the previous question, and under its force the bill was ordered to be engrossed : yeas 60, nays 32.
Mr. SHERMAN, from the Committee on Rights and Priviliges, returned Mr. Dobbin's bill [270] to amend the 87th section of the Practice act, with an amendment with regard to advertisement in a newspaper, striking out "largest," and inserting in lieu "of general circulation."
Mr. HEFFREN opposed: and Messrs. Dobbins and Edson were satisfied with the amendment reported.
Mr. FRASIER proposed to restore the word "largest."
Mr. GRESHAM. Upon the question of the largest circulation, a man might make a legal point that would unsettle the title to real estate thus sold. It would open the door to lawsuits.
Mr. SMITH of Bartholomew, was in favor of the amendment.
Mr. CRAIN, Mr. ROBBINS, Mr. PARRETT. The great object of the committee was to get the largest circulation of the advertisement. The present law gave room for questions affecting titles. "Newspaper of general circulation" was specific enough. Those interested ought to have the right of selection.
Mr. FRASIER withdrew his amendment; and then-forced by the previous question-the committee's amendment was adopted, and the bill ordered to be engrossed.
Mr. Smith of Bartholomew, from the same committee, returned Mr. Orr's bill [203], to amend the act of March 3,1859, for better protection of religious meetings and agricultural fairs, with an amendment, which was concurred in. He stated that this bill excludes eating and drinking stands within two miles &c.
The bill was ordered to be engrossed.
Mr. WELLS, from the Committee on Roads, returned Mr. Anderson's road bill [193], with an amendment, "that no person shall be required to work on the roads more than two days in each year, except in cases of extraordinary obstructions of the highways, &c. ; which amendment was adopted, and the bill was ordered to be engrossed.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Black's bill [16] to provide for refunding moneys erroneously paid on Saline lands, recommending its passage.
He also returned Mr. Coopriders bill (180) To provide against results from the destruction of^books, papers, &c., recommending its passage-
These bills were ordered to be engrossed.
Mr. JONES of Wayne, returned Mr. Packard's township bill (312) reporting furtther legislstion thereon inexpedient.
Mr. BLACK, from the Committee on Claims, returned the claim af John McFadden, recommending that it be laid on the table.
Mr. DAVIS, from the Committee on Agriculture, returned the petition of Geo. L. Eastman, reporting that it be laid on the table-the subject having been acted on.
Mr. MOORMAN, from the Committee on Agriculture, returned Mr. Roberts' Weights and Measures bill (219) reporting that it be aid on the table.
Mr. TURNER returned Mr. Kendricks' Ditch bill (223) recommending indefinite postponement.
Mr. THOMPSON returned the joint resolution (9) To purchase Dr. Owen's Cabinet and Apparatus, with a motion that it be laid on the table.
The foregoing reports were severally concurred in.
He also returned Mr. Pitts' Rent bill (256) recommending its passage.
DOG LAW.
Also the bill (S. 16) requiring township Assessors to report the number of sheep killed by dogs, recommending its passage; which bills were ordered to be engrossed.
He also returned the petition of A. D. Price and others, concerning the protection of sheep its object having been acted on.
Mr. THOMPSON also returned Mr. Anderson's bill (176) To license dogs, and providing for the payment of damages for the maiming or killing of sheep by dogs, with amendments striking out the 4th section, and adding appropriately:
"Every dog not licensed under the provisions of this act shall be a nuisance; and it shall be lawful to kill any dog found off the premises or out of the presence of the owner."
Also insert:-
"Any person who shall kill any dog licensed under the provisions of this act, unless the said dog be found chasing sheep, shall be deemed guilty of a misdemeanor, and, upon conviction, fined in any sum not less than $5, nor more than $15.
The bill provides further, that no female dog shall be licensed for less than one dollar; that the fund arising from these licenses, &c., shall be set apart for the payment of damages by dogs upon sheep ; and the overplus for common schools.
Mr. PROSSER. This bill was a dodge. It was a specific, unequal tax-not a license. You might as well license my horse. The bill makes the dog a nuisance upon your own premises ; and he alleged that it was unconstitutional ; the tax was not uniform.
Mr. POLK proposed to amend the bill, by a clause requiring but ten cents for the license of the first dog.
Mr. FRASIER. Adopt that, and the bill amounts to nothing. One of the objects of the bill was to provide a fund to pay for sheep de page: 318[View Page 318]stroyed by dogs. He indicated an amendment.
Mr. VEATCH supported the bill, giving a description of it. It leaves it discretionary with the owner to license his dog or not, but makes the security of his dog contingent upon it.
Mr. PROSSER. Does the gentleman consider this a license or a tax.
Mr. VEATCH considered it a license, as much as when we license a man to sell whisky. It was admitted on all sides, that society has a right to regulate ; to license whatever it may be necessary to protect itself against. It was simply a question of expediency.
Mr. BUNDY demanded the previous question, and under its force Mr. Polk's amendment was rejected, the amendments of the committee were concurred in, and the bill was ordered to engrossed.
On motion by Mr. FERGUSON, the bill was considered as engrossed.
Mr. STOTSENBERG. There was no provision in it to enforce the payment of the license. He desired to offer an amendment to the first section, so that the license shall not issue before the money is paid for it.
Mr. CAMERON. If a dog is not licensed, he is declared a nuisance.
Mr. Speaker ALLEN (Mr. McLean in the chair). There was an excess of modesty in the report of the committee. The female dog in the bill should be called by the name given in our statutes, slut or bitch. This amendment was adopted by unanimous consent.
Mr. SMITH of Bartholomew was opposed to the bill, because it would admit of the outrage of shooting of a dog in the presence of the owner.
Mr. STOTSENBERG proposed the following:
"Nothing in this act shall be so construed as to prohibit Common Councils of cities and towns from levying a special tax on dogs, as was provided by law."
It was adopted by unanimous consent.
Under the previous question, demanded by Mr. GRESHAM, the bill was passed the third reading: yeas 58, nays 29with an amendment of title, by Mr. BUNDY : 'declaring unlicensed dogs a nuisance, and prescribing the manner in which they may be killed, prescribing punishment for killing a licensed dog;" and by Mr. Stotsenberg: "and to provide penalties for the violation of this act by officers and others."
Mr. HOLCOMB proposed to add: "and to provide for legislation;" which was rejected.
Mr. Speaker ALLEN proposed to add: "and for the protection of sheep, at the expense of the canine race."
On motion of Mr. BRANHAM, it was laid on the table.
HOSPITAL FOR IDIOTS.
Mr. CAMERON, from the Committee on Benevolent Institutions, returned the resolution for an institution for the care of idiots or imbecile persons. The committee stated that cases of idiocy are more numerous than those of deaf and dumb and blind ; and their treatment is not now so hopeless as the treatment of the latter classes were considered a hundred years ago. Means have been devised by which idiots may be educated, and their condition improved. The State of Massachusetts, in 1848, established an institution of this kind, which is now in successful operation; and her example has been followed in Pennsylvania, Ohio, &c. But they recite the fact that one of the benevolent institutions of the State is still incomplete, and then the embarrassed condition of the finances of the State staring them in the face, and report further legislation for this object inexpedient at present.
He also reported against the petition of J. C. Kennedy, for a special act to authorize the removal of his wife from the Ohio asylum for the insane:
Which reports were severally concurred in.
Mr. Jones of Tippecanoe, from the Committee on Temperance, returned the memorial of the Grand Division of the Sons of Temperance, for an asylum for inebriates, with a motion that it be referred to the Select Committee on Mr. Veatch's Asylum bill, No. 198 : and he returned another petition from, the same source "for the repeal of restricting liquor laws, with a recommendation that it be laid on the table : which reports were concurred in.
STATE OFFICERS.
Mr. NEBEKER, from the Committee on Public Expenditures, made a report reciting the provisions of the act of March 3, 1859, that State officers shall receive no other compensation than their salaries; that they shall pay all fees and perquisites pertaining to their office into the treasury, keep a strict account thereof, and report every three months; and alleging that no State officer had complied with these provisions, they therefore report a joint resolution, directing and requiring the Attorney General to bring suit against all such officers as have received such fees and perquisites and failed or refused to pay them into the treasury as required by law.
Mr. KNOWLTON had given his assent to this report, because it had been stated to him that information had been before the Committee which justified it.
Mr. JENKINSON was distinctly in favor of the resolution.
Mr. HEFFREN proposed to add: " If the Attorney General is of opinion that the same be collected." The former Attorney General had given his opinion, that these officers were entitled to their perquisites, notwithstanding the act af 1859.
Mr. BUNDY suggested "the Governor and Attorney General."
Mr. HEFFREN accepted.
Mr. BUNDY. The only objection I could have to the amendment is, that it seems to express some doubt that the State can recover the fees and perquisites that have been illegally page: 319[View Page 319] pocketed. The law is so plain and explicit in its terms that it is impossible for it to be avoid ed. I will go for the amendment with this explanation.
Mr. FRASIER was for having the question tested by the Courts,and opposed to the amendment.
Mr. SMITH of Bartholomew spoke in favor of the passage of the resolution.
On motion of Mr. GRESHAM, the amendment was laid on the table.
Mr. CAMERON demanded the previous question, and the joint resolution was adopted-yeas 90, nays 2-Mr. Heffren being excused from voting.
Mr. HURD, from the Committee on Corporations, returned Mr. Bingham's damages bill, (258) and it was referred to the Committee on the Judiciary.
He also returned Mr. Sherman's City Corporations bill (259) recommending indefinite postponement; which was concurred in.
Also, Mr. Parrett's bill (261.)
Mr. COMBS, from a majority of said Committee, returned Mr. Bundy's bill (271) to authorize road companies to obtain materials for repairs from lands adjoining their roads, and reported legislation inexpedient.
On motion of Mr. BUNDY, it was referred to the Committee on Roads.
Mr. ERWIN, from the Committee on Corporations, returned Mr. Grover's bill (217) supplemental to the City Corporations act, recommending its passage.
Mr. COOPRIDER returned Mr. Jones of Wayne's town corporations bill [218] recommending passage.
Mr. JONES of Wayne, said it was to legalize the action of town boards taken before the law was in force.
The two foregoing bills were ordered to be engrossed.
Mr. ERWIN returned Mr. Grain's Wabash and Erie Canal bill [255J with a motion that it be referred to the Committee on the Judiciary : which was concurred in.
Mr. COOPRIDER returned Mr. Crain's bill [264] to amend the act. of June 11, '52, providing tor the incorporation of towns, &c., recommending its passage: and it was ordered to be engrossed.
Mr. COLLINS of Whitley, returned the bill to amend the plank and gravel road acts of May 12, '52, and March 5, '59, recommending passage: and it was ordered to be engrossed.
Mr. FORD returned Mr. Kendrick's corporations bill [178] recommending that the bill and amendments proposed thereto be indefinitely postponed : which was concurred in.
He also on behalf of a majority of said committee returned Mr. Bundy's road bill [267] recommending legislation inexpedient.
On motion by Mr. BUNDY, it was referred to the Committee on Roads.
Mr. GIFFORD, from the Committee on Ways and Means, returned Mr. Edson's Legislative compensation bill [257] reporting further action thereon inexpedient: which was concurred in.
THE STATE DEBT.
Mr. BRANHAM, from the joint select committee instructed to report a plan for the gradual liquidation of the State debt, submitted a report recommending that the commissioners of the sinking fund be authorized to invest that fund in 5 per cent. State stocks; that the present levy of two cents on the hundred dollars be continued through the year 1861, and that a tax of five cents on the hundred dollars be levied and collected from year to year till said debt shall be paid-the first of the proceeds of said tax to be applied to the payment of the $303,000 over due to the Sinking Fund.
On motion of Mr. GROVER, it was referred to the Committee on Ways and Means.
Mr. HOLCOMB, from the select committee thereon, returned Mr. Jones of Tippecanoe's county surveyors bill [350] with amendments striking out the 4th section, and all that relates to office and fees, ana inserting "the fees authorized by law," &c.; and a section with regard to appeals, &c.
Mr. GROVER would lay it on the table.
Mr. FISHER. The importance of this bill was in the fact, that there was now no general rule among surveyors to regulate their operation. The principles and regulations in this bill were well considered. It incurs no additional expense.
Mr. FRASIER. Surveyors have told me that, without a perfect system extending throughout the Stace, there is no use in legislation on this subject.
The amendments were adopted, and the bill was ordered to be engrossed.
Mr. STOTSENBERG, from the Committee on Organization of Courts, reported against Mr. Smith of Bartholomew's Court bill, [153.]
Mr. McLEAN returned a resolution for compensation of district prosecutors, as matter acted on; which reports were concurred in.
Mr. McCLURG returned Mr. Gresham's bill [286] To increase the compensation of the Judges of the Court of Common Pleas to $1500, with an amendment, proposing $1300also, striking out the words, " to be paid out of the State Treasury," and so amended, the Committee recommend its passage.
Mr. GRESHAM considered it unjust to restrict these common pleas judges to a thousand dollars, who are doing most of the judicial business of the State. If there was time to do it, he might be for dispensing altogether with the common pleas courts, by increasing the number of the judges; but since that could not be done, this bill ought to pass.
On motion by Mr. HOLCOMB, the bill and report were laid on the table.
THE COURTS.
Mr. EDSON, from the Committee on the Judiciary, returned Mr. Jenkinson's bill [196] giving the clerks of the several Circuit courts page: 320[View Page 320] of the State probate jurisdiction, defining their powers and duties, and fixing their compensation ; prohibiting their deputies from practicing law, and repealing, &c.a majority of said Committee reporting legislation inexpedient thereon.
Mr. JENKINSON submitted a minority report, recommending the passnge of this bill, together with his bill [192] To organize and make 28 judicial circuits, &c. It would save $100,000 a year to the State, in court expenses.
Mr. EDSON. The bill is one of two introduced by Mr. Jenkinson for abolishing the common pleas. A majority of the Committee united in a report to lay them on the table, because there was not time to reconstruct and make the proposed changes at the present session.
AFTERNOON SESSION.
Mr. STOTSENBERG filed a motion to reconsider the vote of this morning on the final passage of Mr. Anderson's Dog bill.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. WOODHULL returned the bill, [S. 70] with a motion that it be laid on the table ; which was agreed to. Also, Mr. Jenkinson's School Township bill [252] recommending its passage; which was ordered to be engrossed.
Mr. JENKINSON returned Mr. Branham's Sinking Fund investment bill, [289] recommending its passage. It was ordered to be engrossed.
Mr. BUNDY returned his Road Election bill, [278] reporting generally. It was ordered to be engrossed.
Mr. JENKINSON returned Mr. Atkinson's bill [234] to amend section 6 of the Practice act; which was laid on the table.
Mr. HEFFREN returned his Rape and Seduction bill [298] reducing the imprisonment sanction to " not less than two nor more than fourteen years;" which was concurred in, and so the bill was ordered to be engrossed.
Mr. WOODHULL returned Mr. Lee's Justices bill [300]; which was laid on the table.
Mr. GRESHAM returned Mr. Black's Clerk bill [303] ; which was ordered to be engrossed.
Mr. CASON returned Mr. Veatch's Attorney General salary bill [304]; which was laid on the table.
STOCK KILLED BY RAILROADS.
Mr. BUNDY returned Mr. Dobbin's Railroad bill [60], recommending indefinite postponement.
Mr. DOBBINS complained of the report, and desired that the bill be referred to a select committee of three.
Mr. BUNDY. It was unconstitutional-adding a new provision to the railroad charters. As well might you require an individual, whose solvency is suspected, to file securities for his creditors.
Mr. VEATCH replied to Mr. Dobbins, and defended the action of the Judiciary Committee.
Mr. SMITH, of Bartholomew, supported the bill. Some railroads paid very well, for example, the Macttson and Indianapolis managed by the gentleman before me, [ Mr. Branham.]
Mr. BRANHAM. If the gentleman will allow me to say it: we have paid for two cows that are now living and in service. The Jeffersonville Road has paid for a mule twice which is still alive. [Laughter.]
Mr. SMITH supported the bill at length.
Mr. DOBBINS spoke again.
Mr. BRETT added considerations in favor of this or some other plan to quiet this well-grounded dissatisfaction of the people on account of the destruction of their property by railroads. If some remedy were not, proposed here, the people would take the matter into their own hands, and would make it much worse.
Mr. DAVIS. There was nothing so much demanded of this Legislature in his county as some means of redress on this account.
Mr. BINGHAM. Living on the line of the railroad, which the author of this bill desires principally to affect by it, it, was proper that he should state the reasons why he was obliged to oppose it. This stock-killing had been a matter of complaint for three or four years against the management of that road. None could be more willing than himself to unite with the gentleman in framing some bill that would afford ample relief. But he looked upon this bill as not only impracticable, but exceedingly inintical to the interests of the people themselves-as a proposition to compel insolvent companies to pay liabilities which they incur by the management of their roads. He gave examples. Individuals losing stock now can generally make some sort of compromise with the railroads ; but this bill proposes a second suit against the company on their bonds ; and it would operate as a direct mode of increasing litigations with the railroads.
Mr. Speaker ALLEN. [Mr. Sherman in the Chair.] Such was the intensity of the feeling in this matter, that if something is not done for the protection of the rights of citizens residing along the railroads, it will probably in some cases result in the injury and destruction of the lives of innocent persons. It was a just and reasonable consideration, that a corporation, able to pay $75,000 to $100,000 a year in salaries, could also do something for the payment of damages on account of property killed or destroyed by them. He thought that, though the souls and bodies of these corporations might escape responsibility for their destruction of property, still their assets might be reached. He, also, was in favor of a recommitment of the bill.
Mr. CAMERON demanded the previous question, and thereupon the bill was recommitted to Messrs. Dobbins, Brett and Bingham.
THE COURTS.
The House now resumed the report of Mr. page: 321[View Page 321] Edson, from a majority of the Judiciary Committee, recommending the indefinite postponement of Mr. Jenkinson's bill [J.9G], giving probate jurisdiction to the clerks of the circuit courts.
Mr. GRESHAM, from a majority of the Judiciary Committee, returned Mr. Jenkinson's bill [192], for the abolishment of the common pleas courts, and for the reorganization of the circuit courts, recommending its indefinite postponement. It was agreed to consider both bills together.
Mr. JENKINSON opposed concurrence in the report, and went into a comparison of the expensiveness of the courts under the present system with the two courts ; and the system of circuit courts alone proposed in these bills showing a saving on his plan of $90,000 to $100,000 annually. His proposition, he was glad to say, was favorably regarded by the best lawyers. Even those who oppose it here were compelled to admit that they will have to come to it ultimately, &c.
Mr. CRAIN. It seemed that no court system could stand in this. State more than two years. About half our bills passed this session were to change the terms of courts. As to the plea of economy, it was his belief that if this system were now inaugurated with 28 circuits, the number of circuits would have to be doubled by the next Legislature. He also objected to the surrogate system proposed.
Mr. HEFFREN concurred generally with Mr. Crain, and submitted other objections to the bills.
Mr. FRASIER regarded this as a matter of the first importance. He did not expect things would be much better till we should get back to the old simple system that existed before we began the process of simplification. The increase of expensiveness of the courts, and the increase of litigation since, had been far greater than the proportionate increase of population. He did not, however, approve of the surrogate System proposed by the gentleman. We were not reaping the fruits of the spirit of innovation of ten years ago, in the expensiveness of the court system, &c.
Mr. GRESHAM demanded the previous question, and under its operation the majority report was concurred in, and the bill 196 was indefinitely postponed: yeas 53, nays 32.
Mr. OWENS gave reasons for voting "no," because we had simplified to a ridiculous extent, and a return to the old system was demanded by the people.
The question recurred on concurrence in the committee's report, to indefinitely postpone Mr. Jenkinson's bill No. 192-
Mr. Speaker ALLEN spoke in favor of abolishing the courts of common pleas. He desired to secure a uniform rule of practice. He referred to the difficulty about jurisdiction, and the number of cases appealed on questions of jurisdiction alone. The legal talent on the common pleas bench was inferior. There was not the same rules observed by the two courts in making decisions. This could not be obviated without increasing the salary of the common pleas judges. The item of salary was but half the expense of courts: and the expense outside of the salaries was augmented in proportion to the number of the systems of courts. The probate business might be given to the clerks, or there might be a surrogate for each county, receiving the fees now given to the clerks. The simpler the probate system the better. Its business might be done usually without the intervention of a lawyer.
Mr. BRANHAM concurred. His speech was in the Declaration of Independence. The present system "created a swarm of officers, to harrass our people and eat our substance." [Laughter.]
Mr. WOODHULL was unwilling to change the probate system, until some provision should be made for a better.
Mr. Speaker ALLEN understood that this bill itself provided a complete system.
Mr. GRESHAM demanded the previous question, and, under its operation, the bill was indefinitely postponed : yeas 47, nays 44.
Mr. BINGHAM, from the Judiciary Committee, returned his Damages bill [258] ;,and it was ordered to be engrossed.
He also returned Mr. Miller's Road bill [536], with an amendment, striking out the publication clause ; which was adopted, and so the bill was ordered to be engrossed.
He also returned Mr. Heffren's Punishment bill [308]reporting further legislation inexpedient thereon ; and it was laid on the table.
Mr. GRESHAM returned Mr. Heffren's bill [302], providing for taking the sense of the people on the Crittenden and border States propositions on the first Monday in April, reporting legislation inexpedient, and that the bill be laid on the table.
Mr. HEFFREN opposed the report, submitting brief considerations why the voice of the people should be heard on these questions.
Mr. VEATCH did not understand that we were called upon to authorize this special election. Things were too unsettled to justify it. One day we have the Crittenden propositions; the next day we have the Border States propositions; the next we have the Peace Congress resolutions; the next something else, and so on. Before the people could assemble and vote on this call, some new proposition would be up, and all the voting would be laid aside.
Mr. HEFFREN. But why refuse to allow the people to be heard ?
Mr. VEATCH. Because the people do not demand it. True, there may be a few gentlemen who are very restive-who have lost position on their platforms that have been so lately occupied, and so suddenly thrust aside. They find that they can't make platforms in the hearts of the people, and they come here page: 322[View Page 322]and try to make them in the legislative halls. [Laughter and applause.]
Mr. HEFFREN. If the gentleman will give us either of these platforms in the bill, we will be satisfied.
Mr. VEATCH. Abraham's house is large, and will accommodate all. [Laughter.]
Mr. JENKINSON. Abraham lived in a tent, sir, al. his life. [Laughter. &c.] He had no house at all. The people in our county want to have a vote on this question.
Mr. FRASIER. But it will be lost and gone, like the other, before the time for the election.
Mr. JENKINSON. No, sir; it is like a ball of snow. It increases in weight every time you roll it over.
A VOICE, [with merriment.] Won't the snow melt ?
Mr. JENKINSON. No, sir; the sun is not risen yet. He continued in favor of the proposition.
Mr. GRESHAM was in favor of compromise. He could heartily endorse the resolutions of the Peace Conference. The Crittenden propositions were voted down by the Peace Conference ; and the proposed election might bring shame to our people before the first Monday in April.
Mr. CRAIN demanded the previous question, and under its operation, the report of the Committee was concurred in-yeas 55, nays 32-and, accordingly, the bill was laid on the table.
INDIVIDUAL LIABILITY CLAUSE.
Mr. VEATCH, from the Judiciary Committee, returned Mr. Crain's bill [322] To repeal section 38 (individual liability clause) of the general railroad act of May 11, 1852, and it was ordered to be engrossed, considered as engrossed, and passed the 3d reading-yeas 58, nays 26.
He also returned Mr. Williams' Insurance bill, [174] and Mr. Williams' Life Insurance bill [226] and they were severally ordered to be engrossed.
Mr. GRESHAM returned Mr. Gifford's unclaimed fees bill [92] and it was laid on the table.
Mr. CASON returned Mr. Underwood's Railroad bill [250] with an amendment, adding a new section [3] "providing that nothing contained in the act shall revive or renew any railroad charter forfeited by non-usor; nor shall it operate to dismiss any suit now pending to annular wind up any such corporation chartered according to law;" which was adopted ; and so the bill was ordered to be engrossed.
He also returned the common pleas engrossed bill [S. 175] with an amendment, adding to the first section: "And the court of common pleas shall have power to make rules directing what order of business shall be adopted, &c.; and to order on what da a jury shall be summoned;" which was adopted, and the amendment was ordered to be engrossed.
On motion of Mr. BOYDSTON, the vote rejecting the fish bill [136] was reconsidered, and it was referred again to the Committee on Rights and Privileges.
Mr. WOODHULL, from Judiciary Committee returned Mr. Heffren's U.S. Senatorial election bill [313] with an amendment, inserting a provision, "That in the absence of the President of the Senate, the joint convention may elect a President of the joint convention pro tempore;" which was adopted, and so the bill was ordered to be engrossed.
On motion of Mr. HEFFREN, it was made the special order for to-morrow 10 o'clock.
TIPPECANOE BATTLE GROUND.
Mr. BRANHAM, from the Committee on Ways and Means, returned Mr. Bryant's select committee bill [242] to provide for the enclosing of the Tippecanoe Battle Ground, and making an appropriation for the same, with an amendment striking out and inserting after the enacting clause. It authorizes the county commissioners of Tippecanoe county to enclose about seven acres, including the graves, with a good substantial wrought-iron fence,to cost the State not exceeding $6,000, and that not payable till May, 1862.
The amendment was adopted, and so the bill was ordered to be engrossed.
Mr. JONES of Wayne, returned the resolution for extending the time for the collection of taxes, reporting further action thereon inexpedient: which was concurred in.
Mr. FISHER, from the Committee on Ways and Means, returned Mr. Hurd's bank bill [269,] and it was ordered to be engrossed.
Mr. STOTSENBERG'S motion to reconsider the vote on the final passage of Mr. Anderson's Dog bill, was now taken up; and
On motion by Mr. BUNDY, it was laid on the table.
On motion of Mr. KNOWLTON, his bill. Mechanics' Lien bill, was withdrawn fro/n the files, and referred to a Select Committee.
Mr. NEWMAN, from the Committee on the Organization of Courts, returned Mr. Gore's Common Pleas bill, with an amendment, striking out "June" and inserting "August," which was adopted; and so the bill was ordered to be engrossed.
Mr. THOMAS submitted an order, to change the time of meeting to 8 o'clock in the morning : which lies over.
The House adjourned.
