HOUSE OF REPRESENTATIVES.
SATURDAY, March 2, 1861.On motion by Mr. DAVIS, the House took up the consideration of bills on the third reading.
The SPEAKER. The Chair will take occasion to state for information, that now there are but seven working days remaining of the session, this House has passed but four Senate bills ; and the Senate has'passed but seven House bills. We have now passed the enormous number of eleven bills. The Chair states this fact, as perhaps it may save some of us an account with our constituents, which may not be so agreeable.
Mr. STOTSENBERG. We have not done much harm then.
The SPEAKER. Perhaps it would be best to abolish legislation altogether. [" Consent."]
Mr. Orr's bill [87] exempting parsonage? from taxation, coming up-
On motion of Mr. LANE, it was laid on the table.
RAILROADS.
The bill [S. 31] To legalize, authorize and regulate the sale and perfect the title of purchasers of railroads heretofore sold, or hereafter to be sold, by foreclosure or other proceedings in law or equity, and to enable them to organize corporations, and to exercise corporate powers, and to legalize sales of railroads, coming up on the third reading, (with the engrossed amendments of the House) (the amendments of the title here copied were withdrawn-)
Mr. NEBEKER proposed to recommit, with instructions to amend by a clause in the second section to "provided that such corporations shall assume all the debts and liabilities of the corporation before the sale, and make such adjustments with any of the stockholders of the last mentioned corporation as it may deem expedient." He proceeded to examine and criticise the second section, and say, that he was in favor of the bill, but it needed guarding and fixing up in many particulars.
Mr. FISHER. By the House amendments, the mortgage claims are second to claims for stock killed.
Mr. HEFFREN. This was amongst the bills of the session to benefit the people. It proposes to do what the United States Circuit Court did for the Louisville, New Albany and Chicago Railroad, at the end of a long law-suit, &c. On his motion, Mr. Nebeker's motion was laid on the table.
The bill, as amended was then passed the page: 326[View Page 326] last reading in the House-yeas 76, nays 12-with an amendment of title.
SOUTH BEND MANUFACTURING CO.
Mr. Henricks' bill [82] To amend the 7th section of the act to incorporate the South Bend Manufacturing Company, and to repeal the 9th section of the same, coming up-
Mr. DAVIS called for an explanation.
Mr. HENRICKS. The same remarks I made with reference to the bill No. 77, day before yesterday, will apply to this. ["Consent."] The section repealed is that providing penalty for not keeping up the lock around the dam, which has gone entirely into disuse.
The bill was finally passed the House-yeas 87, nays 0.
Mr. Crain had leave of absence until Monday.
U. S. SENATORIAL ELECTION BILL.
The SPEAKER now announced the special order, viz: Mr. Heffren's bill No. 313, providing for the mode and manner of electing U. S. Senators, &c. (joint convention of the two Houses on the third Thursday in January.)
Mr. HEFFREN explained its provisions.
Mr. STOTSENBERG did not like the feature requiring a majority of all the members elected to both Houses.
Mr. FISHER. It should require the same majority that the Constitution required to pass a bill.
The SPEAKER. This bill requires one vote less to elect a Senator than to pass a bill.
The bill passed the final reading-yeas 86, nays 3.
COMMON PLEAS DISTRICT.
The SPEAKER announced the consideration of unfinished business, viz: Mr. Newman's bill-To organize a Common Pleas Judicial District to be composed of the counties of Vermillion, Parke and Putnam.
Mr. NEWMAN explained and enforced the merits of the bill. It was a strip of country west of the Wabash, and composed out, of. three other districts-leaving them still enough to do.
Mr. LANE opposed, and referred to remonstrances he had presented against it.
Mr. PROSSER. Being desired by the people of the district,it ought to be given to them.
The bill was passed the final reading-yeas 54, nays 33.
Mr. GRESMAM made an ineffectual motion to take up his military bill, No. 105.
DIVORCEMENT.
Mr. Henrick's bill [97] to amend sections 6 and 7 of the act regulating the granting of decrees of divorcement of March 13, 1852, coming up-
Mr. HENRICKS explained that it was to prevent persons from other States coming here and obtaining a residence on their own affidavit, under the existing law.
VOICES. "No," "no."
Mr. STOTSENBERG. It amends the act of1852 which was amended at the last session and it does not recite the amendment of th' last session.
Mr. HENRICKS. I had it referred for ex animation, and it was reported without amendment.
On motion of Mr. JENKINSON, (on a reconsideration, ) it was referred to the Committee on the Judiciary.
EEL RIVER SEMINARY SOCIETY.
Mr. Knowlton's bill [91], to amend the act of January 27, 1847, to amend the act to incorporate the Eel River Seminary Society, approved January 1, 1829, and for other purposes; to amend the second section of said act; to repeal the 3d, 5th, and 8th sections- to provide for the increase of stockholders; for the election of 5 trustees as sole managers of the affairs of said society, to prescribe the term of office, and the effect of a failure to elect; and to confine the act of the Board of Commissioners of Cass county, and releasing to the stockholders of said society, all the interest of said county in said society's property and revenues, and releasing all claim of the State thereto, and releasing the corporation from the operation of the act requiring the sale of county seminaries, and legalizing the proceedings of said corporation-coming up-
Mr. PARRETT explained.
It was passed finally-yeas 81,.nays 0.
FREE BANKSAUDITOR'S CERTIFICATE TO SUE
STOCKHOLDERS.
Mr. Roberts' bill [89] to amend the 9th section of the General Banking act, so as to make a copy of the certificate of the auditor's a sufficient cause of action, and prima facia evidence in writs against banks-coming up-it was passed the final reading: yeas 78, nays 2.
HIGHWAYS ON COUNTY LINES.
Mr. Atkinson's bill [96], to repeal sections 2, 3, 4, and 5 of the act regulating the working of highways on county lines, approved March 3, 1859, coming up-it was passed over -Mr. A. not being present.
CAPIAS AGAINST THE BODY.
Mr. Crain's bill [72], for the recovery of personal property, providing for an execution against the body, and repealing, c., (authorizing a capias against the body of the replevin-defendant who refuses to deliver up the property)-coming up-it was passed the final reading: yeas, 84, nays 2.
THIRTEENTH CIRCUIT.
Mr. Underwood's bill [155], fixing the timt of holding the circuit courts in the 13t,h judicial circuit-affecting the counties of Wayne, Randolph, Jay, and Henry-coming up-
Mr. BUNDY asked that it be laid on the table. He understood it gave six weeks to Wayne county.
Mr. UNDERWOOD. It only affects the fall term in Jay county, to avoid conflicting with the common pleas.
Mr. BUNDY'S motion was agreed to.
page: 327[View Page 327]TRESPASS.
The timber bill by Mr. Turner [S. 29], to amend the J4th section of the misdemeanor act Of June 14, 1852-coming up-
Mr. WOODS said the existing law imposes ft fine only for such trespass. This bill authorizes imprisonment, in the discretion of the court.
Mr. CAMERON. It was to save timber in porter county from trespassers from Illinois.
The bill passed the third reading-yeas 65, nays 20.
RAILROAD GATEWAYS, ETC.
The Judiciary Committee's bill [159] declaring it a misdemeanor to leave open any gate, or let down any fence along the line of any railroad, and providing a penalty therefor fine not exceeding $10 00 imprisonment in county jail not exceeding six months-in the discretion of the court-coming up, it was finally passed the House : yeas, 77, nays 8.
GUARDIAN AND WARD.
The bill [S. 12] to amend the 16th section of the act of June 9, '52, touching the relation of guardian and ward-[court may appoint appraiser in each county]-coming up-it was passed the final reading: yeas 78, nays 5.
STATE BOARD OF AGRICULTURE.
The bill [S. 24] to amend section 6 of the act of February 17, '52, for the encouragement of agriculture-changing the time of the annual meeting of the State Board to Tuesday, (two days earlier than at present,) after the first Monday in January-coming up-it was passed the third reading in the 'House: yeas 81, nays 2.
STOCK KILLED BY RAILROADS.
Mr. DOBBINS, from the Select Committee thereon, returned his bill [60] providing for depositing the bonds, securities, &c., of any railroad company in this State, awarding liens on the same for stock killed by them, and providing a penalty, &c., with an amendment striking out all after the enacting clause, and inserting provisions for the road's liability for two-thirds the value, and the full value of the stock, if the-killing is the result of carelessness. Execution may levy on any property of the road-trust funds and property of the road also liable-the running expenses only to be first paid according to priority and equity in the case.
The report was concurred in, and so the bill was ordered to be engrossed.
AFTERNOON SESSION.
On the motion of Mr. BUNDY, the regular order of the calendar was laid aside for the consideration of bills on the third reading.
Mr. CAMERON (by unanimous consent) submitted an order, which was adopted, for the appointment of a committee of three upon bills sent in for expenses of the reception of the Hon. Abraham Lincoln; and that said committee report the amount allowed.
Whereupon, the SPEAKER appointed Messrs. Haworth, Turner and Brett.
WORK FOR COMMITTEES.
The bill [S. 107] was read the second time, amended by Mr. DAVIS, striking out the newspaper publication clause, and so passed to the third reading to-morrow.
The Liquor bill [S. 20] coming up-
On motion of Mr. BRANHAM, the newspaper publication clause was stricken out; and so it was referred to the Committee on Temperance.
The appraisement bill [S. 57] coming up-
Mr. DAVIS moved to strike out the publication clause.
Mr. CAMERON and Mr. STOTSENBERG spoke against the amendment.
The amendment was agreed to ; and so the bill was passed to the third reading.
The bill [S. 65] was referred to the Committee on the Judiciary.
The bill [S. 7] providing that a married woman over the age of 18 and under 21, may join with her husband in a conveyance of real estate-the judge of the court certifying that it is for the interest of the married woman-was considered and passed the third and last reading: yeas 78, nays 1.
On motion of Mr. BLACK, his bill [48] was taken from the table and placed in the Calendar.
The bills [S. 73, 171, 98, 117, 136, shorn of publication clause,] were passed to the third reading.
The bills from the Senate numbered 76, 88, 106, 138, 221 were severally considered and referred to the Committee on the Judiciary.
The bills [S. 82, 99, 101] were referred to the Committee on County and Township Business.
The bills [S. 99, 81] were laid on the table
The bill [S. 93]-Mr. BUNDY striking out the publication clause-on motion of Mr. FORD, it was referred to a select committee: Messrs. Ford, Prosser and Smith of Bartholomew.
The bill [S. 203] was referred to the Committe on Military Affairs.
The bill [S. 144], to make the registers, catalogues, tract-books, plat-books, &c., in the land offices of the United States in this State, and in the canal and Michigan road land offices admissible in evidence in civil actions, was passed the third reading without amendment-yeas 83, nays 0.
On motion of Mr. BRANHAM, it was ordered that the Senate bill, No. 161, for calling on the county treasurers for revenue be returned, in compliance with their request reported.
Mr. Speaker Allen's railroad bill [326] coming up-it was referred to the Committee on Corporations, with Mr. Fisher's amendment, striking out the publication clause.
page: 328[View Page 328]Mr. Jenkinson's bill [327], to enfranchise Indians as witnesses, coming up-
Mr. BUNDY proposed to amend by striking out the first section, and inserting to this effect :
No Indian or person having one-eighth or more of negro blood shall be allowed to testify in the Courts of this State, unless the matter in suit shall have originated on contract between such person of mixed blood and such white person, in which case it shall be lawful for both parties to testify.
Mr. BUNDY enforced his amendment upon various considerations.
Mr. STOTSENBERG moved to lay the bill and amendment on the table.
Mr. JENKINSON demanded a division of the question.
The first question, on tabling the amendment, was decided in the affirmative-yeas 65, nays 14.
The second division of the question, the motion to lay the bill on the table, was decided in the affirmative-yeas 65, nays 13.
Mr. ROBERTS moved to reconsider the votes just taken, and to lay that motion on the table. The latter motion was agreed to.
Mr. Parrett's free bank removal bill [329] was ordered to be engrossed.
On motion by Mr. WILLIAMS, the Judiciary Committee's bill [186], to authorize the Board of County Commissioners to purchase toll bridges, or any private interest therein, was taken up and considered on the third reading.
On motion of Mr.FISHER (by consent), the publication clause was stricken out: and then the bill passed the final reading-yeas 75, nays 4.
The Judiciary Committee's bill (160) to amend section 1 of the act of June 7, 1852, prescribing certain misdemeanors punishable only by a justice of the peace (defining assault and increasing the fine to $3), was passed the third reading-yeas 75, nays 2-with an amendment of title, adding, "and defining an assault."
Mr. STOTSENBERG moved to reconsider this vote, and said he believed the present act had been declared unconstitutional, &c.
On motion of Mr. GRESHAM, the motion to reconsider was laid on the table.
RAILROAD LIABILITIES.
Mr. Dobbins' railroad bill [60] coming up, on the third reading, he said it was a compromise bill. It would provide a remedy for complaints on account of railroad damage to stock. It will compel the road to use diligence and care at the crossings of highways. He hoped it would be satisfactory to the people.
The bill provides that the full valuation shall be paid at all points except at towns, cities and crossings of county roads, and where such roads are not securely fenced; and two-thirds of the valuation, at all places where stock is killed at the crossings of county roads, and through towns and cities, provided that full valuation may be recovered at the crossings and in the towns and cities, where gross negligence is proven.
Mr. BUNDY thought it contained at least one principle hostile to the common law. He referred to that principle which makes the road companies liable for damage at the crossings, without reference to the carefulness of their employees. He wanted time to examine it, and moved to lay the bill on the table, but immediately withdrew the motion for-
Mr. BINGHAM. The only feature in the bill that is a departure from the present statute law, or from any principle of the common law, was that with reference to the destruction of stock at the crossings of highways. It was provided that the railroad company shall be liable for two-thirds the value of the stock killed at the crossings. This was one deviation ; and there was another which makes void the decision with reference to mortgages. And the bill provides that all property the railroad company may acquire after the rendition of the judgment shall be subject to the execution and sold, &c. And he submitted if that was not fair as between the railroads and citizens along their lines. They run without regard to interests in stock. There was one exception only-in the Madison and Indianapolis road-where the engineer is allowed to stop when stock is on the track. But it was the case with other roads, that it was generally impossible for them to stop and make time with their connections. The bill was for the relief of those who were disturbed by this rule. Then, if these roads must run at a speed which they cannot afford to arrest for the sake of saving stock, it was fair and just to assume that they are able to pay the damage sustained by their act. It was nothing but a mere incident, that their time table requires them to go through with such rapidity. This protection was a thing demanded by the people; and he considered that the demands of the people ought be regarded in preference to any railroad interest.
Mr. DAVIS thought the bill was right.
Mr. CASON looked upon the provisions of the bill as unconstitutional. How can this Legislature prescribe a lien to vest in property to be acquired? All this legislation tends to encourage carelessness on the part of farmers along the line; and sometimes this results in throwing cars from the track, and the injury of innocent parties. The law should contemplate such carelessness as a criminal act, and as for the roads, legislation should respect only the police regulations for running them.
Mr. BINGHAM. If these roads will run-through our grounds, it should be done on our terms, and not on theirs, to the restriction of our privilege to allow stock to graze on the common.
Mr. CASON spoke farther against legislative encouragement to farmers to drive their page: 329[View Page 329] dead stock on the track, to be more completely killed, in order to get damages.
Mr. CAMERON demanded the previous question, and there was a second.
Mr. STOTSENBERG pro forma. There are two objectionable points. It gives unlimited jurisdiction to justices of the peace. It makes 'the execution of the judgment of a justice a lien on real estate.
The vote was reported-yeas 43, nays 32.
So the bill failed for want of a constitutional majority-51.
On motion by Mr. STOTSENBERG, the bill was recommitted to the Committee on the Judiciary, with instructions to report amendments, in accordance with the two points suggested before by him.
LAW OF EVIDENCE.
Mr. HEFFREN, from the Judiciary Committee, returned Mr. Speaker Allen's Evidence bill. [133] with an amendment, by way of new matter, providing that any competent person may testify in his own behalf, and compel the other party to testify; and the witness shall be regarded only as to his character for credibility. Insane persons, and husbands and wives and clergymen are not included. And there is a provision, that where a person is excluded on account of mixed blood, his opponent in the contest shall also be excluded.
The amendment was agreed to.
Mr. VEATCH suggested further amendments, in cases where a guardian is a party.
On motion by Mr. HEFFREN, the subject was made a special order for Monday, 3 o'clock P. M.
Mr. DAVIS submitted a preamble and resolution :
WHEREAS, the House agreed, at an early day of the session, to take 7,000 copies of the Governor's Message; and whereas, not more than 15 or 20 copies thereof have been furnished to each member; therefore
Resolved, That this House will not receive nor pay for any more copies of the Governor's Message which may be hereafter delivered.
Mr. HEFFREN. The copies ordered have all been printed and furnished, and paid for. The distribution here is another matter.
Mr. BUNDY made an ineffectual motion to lay the resolution on the table.
No quorum voting on its adoption, it was ordered to be laid over.
On motion by Mr. GRESHAM, his military bill [105] was taken up and made a special order for Tuesday, 10 o'clock.
Mr. SLOAN, from the Committee on Claims, returned Mr. Cameron's Peace Commissioners' pay bill, [305] without amendment; and it was ordered to be engrossed.
On the motion of Mr. CASON, Mr. Jones of Vermillion's 8th Circuit bill [51] was taken up and referred to a Select Committee.
Mr. BRETT submitted a resolution, which was adopted ; viz:
Resolved, That the Select Committee of Five, appointed under a resolution of the House to investigate the acts of the trustees of the Wabash and Erie Canal, and examine the canal office at Terre Haute, be authorized to sit, after the adjournment of the present session of the Legislature for a period not exceeding 20 days: and that the members of said Committee be allowed the same per diem as members of the Legislature---the same to be certified by the Chairman of the said Committee.
Mr. ROBERTS [by leave] introduced a bill [333] To establish the weight of mineral coal, mined without and sold within this State, and repealing all laws in conflict therewith. (80 lbs. to the bushel.)
Mr. VEATCH introduced a bill [334] To amend the act providing for the election of Trustees and Commissioners of the Benevolent Institutions of the State, approved March 5, 1859.
These bills were passed to the second reading.
The House then adjourned till Monday morning, 9 o'clock.
