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.
