HOUSE OF REPRESENTATIVES.
MONDAY, March 4, 1861.On motion of Mr. ATKISSON, his bill [90] was taken from the table and placed on the calendar.
PETITIONS AND MEMORIALS.
Mr. HOLCOMB presented the memorial of O. L. Lance and others, praying for legislation giving justices of the peace power, and making it their duty to inquire into all violations of law, &c.; which was referred to the Committee on Organizations of Courts.
He also presented a memorial for instructing the Peace Commissioners: which was referred to the Committee of Thirteen.
REPORTS FROM COMMITTEES.
Mr. RAGAN. from the Committee on Elections, reported Mr. Comb's credentials, heretofore reported as mislaid.
Mr. BUNDY, from the Committee on the Judiciary, returned a resolution for amendment of the Constitution, and reported thereupon a joint resolution [36] proposing to the next General Assembly, and if two-thirds concur, then to the people, to amend article 4, section 9, of the Constitution of the State of Indiana, so as to require annual sessions of of the General Assembly-commencing on Thursday after the first Monday in January of each year.
On motion of Mr. STOTSENBERG, the resolution was made the special order for Wednesday, 10 o'clock.
Mr. WOODHULL returned Mr. McLean's drugged-liquor felony bill [253], recommending indefinite postponement.
Also, Mr. Stotsenberg's salary bill [276], and Mr. Stotsenberg's assignment bill [278], recommending indefinite postponement: which reports were severally concurred in.
Mr. GROVER, from the Committee on Education, returned Mr. Veatch's normal school bill [292], with a motion to lay it on the table the establishment of such a school being inexpedient at this time, owing to the condition of the treasury: which report was concurred in.
Mr. MOODY, from the Committee on Swamp Lands, returned Mr. Cooprider's bill [204], with an amendment, striking out all after the enacting clause and inserting new matter, providing that the county commissioners, on the petition of a majority of the legal voters residing in the township, where said ditch or page: 333[View Page 333] ditches may be situated, and on newspaper or other notice of 20 days before their session at which time said petition is to be heard, shall have power, if the said board shall be satisfied that the public good requires it, to declare such ditch, &c., a public highway : and the supervisor shall keep it open as other public highways.
The report was laid on the table-Mr. Cooprider being absent.
THOMAS HALBERT.
Mr. ATKISSON, from a majority of the Committee on Claims, returned the petitions, &c., for the relief of Thomas Halbert, treasurer of Martin county, from the repayment of $23,000 taken by burglars from the county safe on the 12th of last December, reporting a resolution discharging him, &c.
Mr. SLOAN (with Mr. Boydston), the minority of said committee, reported that the discharge of said Halbert would be not only a violation of the act providing for the safe keeping and disbursement of the public funds, but it would establish a precedent dangerous to the security of the public funds in every department of the government-all public officers having already assumed for themselves and their securities all the responsibilities pertaining to the acceptance of said offices.
Mr. PARRETT. To concur in the majority report would be doing what is absolutely wrong. So long as a single man in Martin county remonstrates against that thing, we have no right to pass this joint resolution. &c.
Mr. DOBBINS. There was little danger in a precedent established, where there is proof of innocence and honesty. In the session of 1855, a bill was passed for the release of the treasurer of Lake county from the repayment of $3,000, &c.
Mr. BLACK. Mr. Halbert was keeping the fund in the place where he was directed by the Board of Commissioners to deposit, &c.
Mr. SLOAN supposed Mr. Halbert was innocent in the case, but there had been no evidence except the petition and remonstrance before the committee in regard to that.
Mr. DAVIS should vote for discharge. He did not care for precedents where the right was clear.
Mr. PACKARD supported the majority report.
Mr. GROVER said $1,014 50 of this money belonged to the school fund, besides other items. For this reason he objected to the release of Mr. Halbert.
Mr. CAMERON demanded the previous question, and the majority report was rejected-yeas 19, nays 54.Mr. SLOAN returned the claim of Clark Devoll and Nelson Fordyce for $499 99, recommending that it be paid out of the Boone county swamp land fund.
Mr. CASON. This claim was filed here simply that there might be a proper voucher placed in the hands of the accounting officer-the original voucher having being lost. He knew personally that this claim is just. On his motion, the report was recommitted, with instructions to report a joint resolution allowing the claim.
Mr. DOBBINS, returned the claim of N. Cunningham for one and a fourth per cent, for receiving and disbursing the swampland fund from the 9th of February, 1859, to the 9th of February, 1861, recommending its allowance, as heretofore, and that it be referred to the Committee on Ways and Means.
Mr. SLOAN submitted a minority report, admitting the precedent, but by reference to the act of March 5, 1859, they find that the first section provides that the Treasurer of State shall receive $3,000 for his services; and in another section, it is provided that he shall receive no other compensation whatever.
On the motion of Mr. CAMERON, the minority was substituted for the majority report, and then it was concurred in.
Mr. WELLS, from the Committee on Roads, returned Mr. Bundy's bill [321], with the amendments proposed thereto, recommending that they be laid on the table.
Mr. ORR returned the remonstrance against the passage of the Fish bill, recommending that it be laid on the table.
Which reports were concurred in.
Mr. HOLCOMB returned the resolution for amendment of the law for the election of Supervisors, so as to require them to give bond and security, and thereupon reported a bill [335] to amend the 5th section of the act of March 5, 1859, providing for the election or appointment of supervisors, &c.. which was passed to the second reading.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Woods' bill [212] to amend sections 123, 136, and repeal sections 138, 139. 140 of the assessment act, recommending its passage. [It authorizes the county auditor to send to the Treasurer of State an abstract, instead of a copy of the delinquent list; and it provides, also, that the delinquent taxes shall be paid into the State Treasury.] It was ordered to be engrossed.
Mr. THOMPSON, from a majority of the Committee on Agriculture, returned Mr. Fisher's bill [117] appropriating $4,000 a year for 1861 and 1862 in addition to the $1,000 a year to the State Board of Agriculture, recommending its passage.
Mr. MOORMAN submitted a minority report, recommending that the bill be indefinitely postponed.
Mr. CAMERON moved to substitute the minority report for the majority report.
Mr. FISHER showed the necessity and advantage of this appropriation. The Board was $9,000 in debt.
Mr. GRESHAM supported the bill.
Mr. CAMERON and Mr. JENKINSON opposed.
Mr. NEBEKER demanded the previous page: 334[View Page 334] question, and under its force the minority report was adopted-yeas 50, nays 25 : so the bill was indefinitely postponed.
Mr. CAMERON, from the Committee on Benevolent Institutions, submitted a report in writing on the condition of the various Benevolent Institutions of the State, commending both their financial management, and the present law regulating them.
On motion by Mr. ANDERSON, the report was referred to the Committee on Ways and Means.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Stotsenberg's City Corporation bill [265] recommending that it be laid on the table. He explained that the object of the bill was to go back to the provision of the act of 1857, which was amended at the last session. It was to return to this: " Provided that territory of five hundred acres and upward, belonging to one individual, and used for gardening or agricultural purposes, shall not be annexed without the consent of the owner or owners thereof."
Mr. KENDRICK was against the report Because a man owned enough ground to make a corn-field or a clover-field, was he to be exempted from city taxation? We wanted to tax men in cities in proportion to the amount they own.
The report, was concurred in, and the bill laid on the table : yeas 41, nays 23.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Campbell's University bill [320], with an amendment, striking out"William T. Otto," and inserting "Joseph H. Defrees, of Elkhart county."
Mr. GROVER believed this bill provides for the Board being self-perpetuating. He wished to avoid the scramble as between religious denominations for the control of this institution ; and believing that the present law operated satisfactorily, he moved to lay the bill and amendment on the table.
The motion was agreed to.
ASYLUM FOR INEBRIATES.
Mr. BUNDY, from the Select Committee thereon, returned Mr. Veatch's bill [198] for the erection of an asylum for Inebriates, with an amendment, striking out from the first section all after the enacting clause, and inserting these words:"
That so much of the moneys arising from licenses for the sale of spirituous and intoxicating liquors, as may be necessary for the purpose, are hereby set apart and specially appropiated for the purpose of building and conducting an asylum for inebriates."
Mr. B. supported this proposition. There were $60,000 yearly collected in this State for liquor licenses.
On motion by Mr. GRESHAM, the subject, was laid on the table.
COMMON SCHOOLS.
Mr. VEATCH, from the Committee on Education, [by unanimous consent,] returned the common school bill [61], with two points of amendment, viz.:
1st. To amend section 46, so as to allow the County School Examiner a fee of one dollar for each teacher, and fifty cents for each female teacher examined for license, and be paid by the applicant; and that for all other services he shall be allowed by the County Board a sum not exceeding $100 a year.
2d. Amend the bill as to salary of the State Superintendent, so as to make it the same as now allowed by law; and to allow him for clerk hire a sum not exceeding $800 a year.
Mr. V said this proposition would not make a difference of ten dollars above the expense of fees now paid to the county auditors. He asked for the sense of the House on these two points.
Mr. RAGAN offered various considerations in favor of their adoption.
Mr. PROSSER saw in this an annual expense of $9,200 of the school fund.
Mr. HEFFREN. Sir, it is a strange thing, that a question of dollars and cents is to take the place and be weighed as against the learning and intelligence of the youth of the State. Sir, the State of Indiana has been sunk down on the scale of States under the census report ten years. How often have we been told, that there were severity thousand persons in this State that could not read and write-that these seventy thousand when called upon to sign a note, bond, or whatsoever, were obliged to pick up the pen and. make their mark. How long shall we pursue this policy which has brought shame and reproach upon our State?
Mr. PACKARD demanded the previous question, and under its operation the first amendment was adopted-Mr. Smith of Bartholomew asking to be excused from voting, because of his fixed opposition to creating more salaried officers.
The vote stood-yeas 63, nays 15.
AFTERNOON SESSION.
The question on the second proposition to amend the school bill, reported from the Committee on Education, viz.: that respecting the salaries in the Superintendent's office, was decided in the affirmative, yeas 59, nays 22: so the proposition was agreed to.
Mr. STOTSENBERG proposed to amend by inserting appropriately' "But nothing herein contained shall be so construed as to hinder the people or the corpoaate authorities of any town or city from electing more than one school trustee, according to the provisions of the ordinances thereof; and said trustees shall be governed in all respects by the provisions of this act:" which was agreed to.
On motion by Mr. VEATCH, the bill was now recommitted.
On motion by Mr. BRANHAM, the Senate's amendment to the treasury system bill [161J adding the emergency clause, was taken up and concurred in.
page: 335[View Page 335]Mr. BRANHAM, from the Committee on Ways and Means reported a bill [336] making general appropriations for the years 1861 and 1862.
Mr. KITCHEN : [337] to amend section 1 of the act to regulate the mileage of sheriffs in conveying convicts to the penitentiary, and of country treasurers in making their deposits and settlements, and of the members of the General Assembly.
Mr. LEE submitted an order to withdraw from the Senate Mr. Jones of Vermillion's bill [122] for amendment.
Mr. JONES, of Vermillion, opposed the order.
Mr. McLEAN insisted that the House could not have understood the character of the bill. The law of 1859 reduced the Common Pleas districts from 60 to 20-the judges to be paid by the committees with an average of five counties to a district, and he alleged that this bill proposed to throw an undue burden on the counties of Vigo and Sullivan.
Mr. HEFFREN opposed.
The order was rejected.
SWAMP LAND FUNDS.
The SPEAKER announced the special order, the consideration of the joint resolution for a joint committee to investigate the swamp land funds, reported last Thursday night.
Mr. MOODY would ask again for the respectful attention of the House to the importance of ordering the proposed investigation. He lived in a county particularly interested in this matter, whose people had been seriously injured by negligences and frauds upon the swamp land funds. There thousands of acres that might have been brought up to cultivation, were still useless because of these things. It would not have required more than what the lands would have commanded, at a fair sale, to have done it. &c. Not to order this investigation, would be to say to all men interested, as these commissioners have been, "go on and commit all the frauds and peculations you please on the lands which the State owns; and if you succeed, though there may be a question as to any recovery, we will say nothing about it; we will make no investigation; we will not attempt to bring any of you to justice, &c.
Mr. HEFFREN proposed to amend by inserting these words in the proper place : "And they shall have power to attach and punish for contempt on the part of witnesses, and others, and compel their attendance before the Committee; and be empowered to do all that this House might do for the purposes mentioned."He supported it with a speech.
Mr. PACKARD would not stand below any man in earnestness for this investigation, but he did not approve the method proposed. He should think the Attorney-the man elected to conserve the legal interests of the State was the proper man for this service. It would save two thirds the expense. The matter-would have to go into his hands to prosecute at last.
Mr. WOODHULL intimated that if the Swamp Land Committee had been diligent this business might have been in a better state of forwardness. That every dime expended for the recovery of this kind, would cost the State at least a shilling, &c.
Mr. DOBBINS defended the committee. Part of the object was to investigate in the several counties, with'reference to the idea of recovering lands for the school fund which have been fraudulently conveyed. Certainly, most enormous frauds had been committed.
Mr. JENKINSON wanted this committee appointed, and a full and fair investigation. If it did not no more than pay the expenses of the investigation, it, might prevent robberies for the future.
Mr. FRASIER suggested the magnitude of the expense of this examination if it had been attempted, as Mr. Woodhull suggested, in this city. He said it was not to be supposed that the Attorney General could do the work. It was simply preposterous.
Mr. BRETT was a member of the Swamp Land Committee. He knew of but two meetings of the committee. The proposition was broached at the first meeting. He also thought the committee might have acted with more efficiency, and presented matter for action before this time.
Mr. SMITH of Bartholomew, concurred with Mr. Woodhull, that every dime recovered for this fund would cost 15 cents. He was opposed generally to investigating committees.
Mr. STOTSENBERG also agreed with Mr. Woodhull. These committees were made generally for buncumbe. He referred to the case of the late investigations of the agent of State, the report of which was not printed and remained useless ; and the swamp lands report also, which had been printed, but which gentlemen overlooked in their eagerness to make more reports. He submitted that these matters were not availed of here. The swamp land committee had not availed themselves of important recommendations proposed in the report of two years ago.
Mr. BUNDY proposed to add, "provided that no money shall be drawn from the treasury for the purposes of payment of the expenses of this investigation; but these expenses shall be chargeable wholly to the swamp land fund, and be made payable out of no other fund:" which he supported in speech.
The SPEAKER ruled it out of order.
Mr. BLACK. Has any fraud been committed since the last report?
Mr. MOODY could not answer. He defended the swamp land committee more at length. He was unwilling to make any investigation that should not be thorough. He would accept the proposition of Mr. Bundy, but the constitution provided how the swamp land fund should be applied.
page: 336[View Page 336]Mr. BRANHAM. A little over $300,000 had been drawn on account of swamp lauds. Then was now in abeyance land enough to pay for one hundred such investigations. But the would not stop on account of cost for one moment. It was a principle that actuated him. He would state that two members of the committee to examine the office of the agent of State, paid their own expenses to New York and back. All the expense of that investigation was about $1,500, which the clerk got Their report shows the necessity of the investigation. It was too voluminous to print, but it was open for inspection, and would be used to trace discrepancies to important results.
Mr. ATKISSON opposed investigating committees generally, and complained of the inaction of the standing committee.
Under the restraint of the previous question,
Mr. PACKARD (pro forma) desired to have had an opportunity to limit the time of the committee, and to provide that no member of the standing committee shall serve on the join select committee.
Mr. BRETT and Mr. RANDALL. There had been nothing before this committee to satisfy them of the necessity for this investigation.
Mr. BRYANT defended the committee from the general charge of lack of diligence. He should vote for the investigation, not expecting it to result in any pecuniary advantage to the State.
The vote was reported-yeas 65, nays 22, as follows:
YEAS-Messrs. Boydston, Branham, Brucker, Bryan, Burgess, Cameron, Cason, Collins of Whitley, Crain, Dashiel, Davis, Dobbins, Epperson, Erwin, Feagler, Ferguson, Fisher, Fordyce, Fraley, Frasier, Gore, Gresham, Grover, Hall, Haworth, Heffren, Henricks, Hopkins, Horton, Hudson, Hurd, Jenkinson, Jones of Tippecanoe, Jones of Vermillion, Jones of Wayne, Kendrick, Kitchen, Lee, Lightner, McLean, Moody, Moorman, Moss, Nebeker, Newman, Parrett, Pitts, Prosser, Prow, Robbins, Roberts, Sherman, Sloan, Stevenson, Stotsenberg, Thomas, Thompson, Turner, Underwood, Veatch, Wells, Williams, Wilson, Woods, and Mr. Speaker65.
NAYS-Messrs. Anderson, Atkisson, Black, Brett, Bundy, Campbell, Combs, Fleming, Ford, Hayes, Holcomb, Howard, Lods, Lane, Orr, Packard, Polk, Eandall, Smith of Bartholomew, Trier, Warrum and Woodhull22.
So the joint resolution was passed the House of Representatives.
LAW OF EVIDENCE.
Mr. Speaker Allen's evidence bill coming tip, as the special order-
Mr. VEATCH proposed to amend, by inserting after a similar provision applying to "husband and wife, clergymen, attorneys," these words: "Physicians as to any matter confided to them in the course of the duties of their profession;" which was adopted.
He also proposed: "And provided further, that in all cases where an executor, administrator, guardian or ward, where judgments may be rendered, so far as such estates are represented, neither party shall be allowed to testify as a witness, unless required by the opposite party or by the court, or unless the case arise upon contract by the administrator or guardian of said estate; which was also adopted.
The bill being now considered as engrossed.
Mr. FRASIER and Mr. FISHER should vote against it, thinking the door was already opened wide enough for the encouragement of perjury in our courts.
Mr. BUNDY was satisfied that the bill was right in every particular. It was in conformity with the wishes of the people as well as the principles of law. It was gaining favor with courts and people wherever it had been adopted.
Mr. Speaker ALLEN (Mr. Branham in the chair.) The law now allows the plaintiff to swear his cause through, whilst the defendant is denied the same right to appear in his case. He had confidence in the general honesty of men. Facts in litigation could be best ascertained by both parties coming into court-better generally than in the more circuitous mode of witnesses. Wherever this has been tried-and it has been extensively tried-it has given general satisfaction. It was a popular law-the best example of popular sovereignty.
Mr. CRAIN defended the bill from the objection that it would open the door to perjury, &c.
Mr. DOBBINS proposed to amend, by adding by unanimous consent: "Provided that nothing herein shall be so construed as to repeal the act of 1853 excluding persons of mixed blood from testifying," &c.
Mr. GRESHAM and Mr. Speaker ALLEN further explained and supported the bill.
Mr. VEATCH asked and obtained unanimous consent to add, after the matter about confidential communications, these words: "Unless by the consent of the party making :he communication."
Mr. CAMERON demanded the previous question, and thus the bill passed the final reading in the House-yeas 74, nays 12-with the title: "An Act in relation to Witnesses,. and to amend section 238 of article 13 of the Practice act; and to repeal all laws inconsistent therewith; and providing when the same shall take effect and be in force."
On motion by Mr. NEBEKER, the House took up from its place in calendar the similar bill from the Senate, [No. 5,] and laid it on he table-Mr. N. saying, if the Senate should fail to pass the House bill, he desired to be able to call up their bill at any time.
Mr. Thomas' resolution to change the number of the sessions to three commencing at 8 o'clock, 2 o'clock and 7 o'clock, coming up-
On motion by Mr. HEFFREN, it was amenned by striking out "eight" and inserting nine."
Mr. STOTSENBERG spoke generally against overworking and night sessions.
Mr. BUNDY moved to lay the resolution and amendment on the table; which was agreed to.
page: 337[View Page 337]Mr. HOLCOMB submitted a resolution to adjourn the session sine die on Monday, the 11th, at 12 o'clock M.; which was laid on the table.
Mr. BRETT submitted a preamble and resolution, directing the Committee of Ways and Means to refund the money furnished by the friends of the inmates of the Lunatic Asylum, to supply the lack of appropriation by the General Assembly of 1859 to keep up the Institution. He said Dr. Athon. could furnish the information without any trouble.
It was referred to the Committee on Benevolent Institutions.
Mr. NEWMAN. (by consent) from the Committee on the Organization of Courts, returned the 3d, 5th and 6th Circuit Court bill, [241] reported by Mr. Black, with a motion that it be laid on the table; which was concurred in.
Mr. FISHER obtained leave to introduce a bill [338] to provide for taxing the Bank of the State of Indiana for common school purposes. ["Consent."] It was passed to the second reading.
Mr. SHERMAN: [339] Making an appropriation for the purpose of carrying on the work on the Northern Prison; providing the means of completing the same, and prescribing the powers and duties of the Directors thereof.
On motion by Mr. SHERMAN, (under a dispensation) it was read twice; and then referred, by consent, to the Committee on Ways and Means.
Mr. CASON: [340] To amend the act defining a felony and prescribing punishment therefor; which was passed to the second reading.
Mr. VEATCH, from the Committee on the Judiciary, returned Mr. Woods' Calumet Dam bill, with an amendment: "That no such warrant shall be drawn till a detailed statement of the cost shall be filed with the Auditor and certified by the Governor;" which was adopted.
Mr. STOTSENBERG moved further to amend the bill, by striking out "$2,000," [cost of suit] and insert in lieu "$3000."
The House adjourned.
