HOUSE OF REPRESENTATIVES.
THURSDAY, March 7,1861.On motion of Mr. STOTSENBERG, Mr. Collins, of Whitley, was called to the Chair at 9 o'clock.
Mr. FERGUSON asked, ineffectually, for the consideration of the bill from the Senate [277.]
Mr. KENDRICK submitted a claims petition which was referred without reading.
On motion of Mr. PROSSER, the House took up and concurred in the Senate's amendments to his bill [248], fixing the Courts in the First Circuit.
CORPORATIONS-SPECIAL SCHOOL TAX
Mr. SMITH'S, of Bartholomew, bill [145] to amend the 33d section of the assessment act, of June 21, 1852, [so as to make corporations pay special school tax just as individuals-as Mr. Smith explained-] coming up in the calendar on the third reading, it was finally passed by the House of Representatives-yeas 71, nays 6.
Mr. MUTZ and Mr. HOLCOMB obtained leave of absence-sickness.
BANK DISTRICTS.
Mr. HURD'S bill, [269] supplemental to the page: 353[View Page 353] act to establish a bank with branches, [the bank of the State may alter or re-district any bank district in the State, upon petition of two-thirds of the stockholders, provided that no branch shall be located in any town where one is already located and doing business] coming up, it was passed the final reading-yeas 54, nays 29.
COSTS IN CRIMINAL PROSECUTIONS.
Mr. CASON'S bill, [154] to amend the justices act, of May 29, 1852, in State prosecutions, [adding the words "costs""shall stand committed till the fine and costs be paid "] coming up, it was passed the final reading-yeas 62, nays 21.
HEIRS OF MICHAEL O'BRIEN.
The bill [S. 107] for the relief of the heirs of Michael O'Brien, deceased, was passed finally-yeas 84, nays 0.
RECORDER'S FEES.
The Judiciary Committee's bill (substitute for Mr. Irwin's) [187] authorizing Recorders to demand payment of their fees in advance, coming up-
Mr. CRAIN desired unanimous consent to amend by a provision making such fees a lien on real estate. But it was objected to.
Mr. JENKINSON. That's the law now. The bill's a nullity.
Mr. NEBEKER. It's a small fee that parties some times neglect.
Mr. COLLINS. of Adams. His Recorder had made the impression that his fees must be paid in advance. It was a lien on the reality anyhow.
Mr. BUNDY demanded the previous question, and thereupon the bill was lost-yeas 48, nays 32-for want of a constitution majority.
PROBATE PAPERS.
Mr. Gifford's bill [127] To give the several clerks of the courts of common pleas custody of the papers of the former probate courts, coming up, it was passed the final reading-yeas 68, nays 5.
ORANGE COMMON PLEAS.
Mr. Black's bill [165] To amend section 3 of the common pleas act of March 5, 1855, so as to change the time in Orange county, coming up, it was passed the final reading-yeas 69, nays 0.
COUNTY LIBRARIES.
Mr. Kendrick's bill [10] Authorizing county libraries to loan certain funds, and regulating the same, coming up-
Mr. KENDRICK. The only object was to grant the privilege to county libraries to loan their money out at seven per cent., as other trust funds are loaned.
The bill was finally passed the House yeas 65, nays 3.
Mr. FRASIER made an ineffectual motion to take up the bill to regulate the prices of the Public printng.
COMMON PLEAS DISTRICTS.
Mr. Henrick's bill [185] To provide for numbering the several districts of the court of common pleas in the State of Indiana, coming up-
Mr. HENRICKS stated that the only object of the bill was to designate these districts by number, for convenience of legal reference.
The bill was finally passed the House-yeas 70, nays 1.
Mr. ROBERTS. I ask to record my vote. Mr. Speaker, have I not the right, under the rule, to record my vote ?
The SPEAKER would inform gentlemen that the Chair is not governed strictly by the rules now. This Chair will announce that hereafter it will not recognize any application to vote after the result is, announced.
Mr. ROBERTS. Then I hope that gentlemen will not be recorded as being present and refusing to vote.
Mr. Stotsenberg's bill [US] To authorize judges of the circuit and common pleas courts to make certain orders in vacation, coming up-
Mr. HEFFREN. As the law now stands, the judge can't grant an injunction unless the court is in the county where the matter lies. This bill legalizes such acts; and it would put parties into'court against law, in a case to which he referred. He asked unanimous consent to strike out all that part which makes these acts of the judge legal in pending cases. It was agreed to ; and so the bill passed-yeas 79, nays 1.
RAILROADS.
Mr. Lane's railroad bill [195] To amend section 34, chapter 83 of the Revised Statutes, 1852, coming up-
Mr. LANE said, the only amendment proposed to be made in the law was to extend the time of completion to 20 years. It was important that this provision should be applied to the Indiana and Illinois Central Railroad, upon which upwards of a million of dollars had been expended, as he had before explained.
Mr. BRANHAM. It involved large interests; and, as at present advised, he could not vote for it.
Mr. CASON proposed to amend by unanimous consent: "Provided nothing in this act contained shall be taken to revive or renew any railroad charter, or revive or extend the charter of any other railroad company that has forfeited its charter by non-feasance or non-usance, nor shall any thing herein operate to dismiss any action heretofore commenced by writ of quo warranto or other process to annul or wind up such company."
Mr. DOBBINS. The amendment would have the effect to repeal a bill lately passed the House.
Mr. CASON could not support the bill without the amendment. He wished to avoid legislation for the advantage of such bogus rail page: 354[View Page 354]road concerns as the St. Louis and Cleveland Railroad, &c. The amendment could not operate as the gentleman from Martin supposes. He moved to commit the bill to the Committee on the Judiciary with instructions to amend as above.
Mr. DAVIS desired unanimous consent to amend, so that its provisions shall apply only to the Indiana and Illinois Railroad.
SEVERAL VOICES. " Special legislation" - "unconstitutional."
Mr. UNDERWOOD. The bill No. 250, embraces the same principles of this bill; and an amendment similar to Mr. Cason's has been engrafted upon that bill. He supposed, if this bill were defeated that could be passed.
The bill went to the Judiciary Committee.
HOTELS-GYMNASTICS.
Mr. Hopkins' bill [15] to amend section 2 of the act concerning the organization of voluntary associations, and repealing, &c., approved February 12, 1855, coming up-
Mr. BARRETT. It was simply inserting into the act recited, the words, " Hotel and Gymnastic."
The bill was finally passed-yeas 79, nays 8.
SUPREME COURT REPORTS.
The Supreme Court Reporter bill [116] coming up(price of Reports-first 2 years $3 afterwards $4-)
Mr. FRASIER desired to introduce an amendment to exclude the compilaton of law-years' brief in the published reports.
On motion of Mr. CAMERON, it was laid on the table, and then, under the previous question, the bill was rejected-yeas 37, nays 29.
SLACK WATER NAVIGATION.
Mr. Welle's bill [188] to provide for the organization of Slack-water Navigation Companies, coming up-
Mr. DOBBINS. There ought to be a provision for damages, if any should be done.
Mr. VEATCH. There is nothing in the bill that will admit of interference with vested rights.
Mr. BLACK. Has the company the sole right to fix the tolls ?
Mr. VEATCH. Under the direction of the County Board.
The bill was passed the final reading in the House of Representatives-yeas 60, nays 23.
TAX EXEMPTIONS.
Mr. McLean's bill [239] to amend the 6th section of the assessment act-coming up-
Mr. McLEAN. It exempts from taxation any building erected and used exclusively for benevolent, literary or scientific purposes, which have been erected by any corporation, individual or association.
Mr. HEFFREN. Would it exempt lawyers' and doctors' offices ?-institutions ?
Mr. McLEAN. That would be a forced construction.
Mr. CRAIN. It exempts individual institutions. It will exempt from taxation over a million of dollars in the State of Indiana. I know what it is. I have been watching it. &c. He moved its indefinite postponement.
Mr. McLEAN replied to objections.
Mr. SMITH of Bartholomew. There was a cat in the meal tub. There was too much disposition here to favor exemptions.
Mr. VEATCH. Whatever encourages learning-any question about exempting institutions to facilitate and encourage learning, always hurts the sensibilities of some gentlemen. They were forward to exempt public property of the State and country, but their votes were always ready to tax the benevolence, philanthropy, and liberality of men, &c.
Mr. PACKARD concurred, giving examples.
Mr. CRAIN. If the gentleman will strike out "individual," I will vote for it.
Mr. McLEAN would acquiese in that.
Mr. GRESHAM concurred in the views o of the gentleman from Parke, giving examples.
Mr. BUNDY considered it a just and beneficent bill, and plead for all manner of encouragement to educational institutions.
Mr. HOPKINS would encourage educational institutions, to save money to the State which is now going out to educate our children in other States.
Mr. RAGAN concurred in this. The traveling expenses to send to school without the State would more than pay all this tax here proposed to be exempted. He also gave examples.
Mr. ROBBINS also spoke in favor of the bill.
Mr. JENKINSON moved the previous question, and there was a second.
Mr. ORR had an amendment.
Mr. STOTSENBERG. The bill contained unconstitutional provisions.
Mr. WOODS gave inaudible words of opposition, in the confusion about the second for the previous question.
Mr. CRAIN withdrew his motion for a direct vote; and the bill failed (yeas 44, nays 29), for want of a constitutional majority.
Mr. GRESHAM submitted a concurrent resolution, which was adopted, for a joint convention of the two Houses this day at two o'clock, to elect two directors of the northern State prison, and one director for the southern prison.
AFTERNOON SESSION.
Mr. STOTSENBERG introduced a bill [347] to authorize any agricultural and mechanical association (or either of them) to mortgage their lands, fixtures, and other property, in order to make improvements ; and to authorize them to issue and sell lands for the same object.
On the motion of Mr. COOPRIDER, his Swamp Land Ditch bill [204] was taken from the table, and placed again in the files.
