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.
