AFTERNOON SESSION.
NEW BILLS.
By Mr. HEFFREN: [73] To provide for the collection, safe-keeping and disbursement of the public moneys: [All payments and disbursements to be made in gold and silver loaning the public money to be taken as embezzlement, punished as a felony, &c.]
By Mr. BRETT: [74] To amend the 5th section ot the Liquor law of March 5, 1859 :
By Mr. McCLURG: [75] To amend the 412th section of the Practice Act of June 18, 1852:
By Mr. BLACK: [76] to amend section one of the act to authorize County Recorders and County Surveyors to issue fee bills; approved March 5, 1855:
By Mr. HENRICKS: [77] To amend the 6th section of the act to incorporate the St. Joseph Iron Company, approved January 22, 1835, and to repeal sections 7, 8, 9, 10, 11. 12 of said act:
By Mr. LEE: [78] To authorize the County Commissioners to exempt the property of widows from taxation when it does not exceed $300 in value:
By Mr. TURNER : To amend the act for the appointment of Sheriff of the Supreme Court, and prescribe certain of his fees; approved May 13. 1852; and to repeal all laws in conflict therewith :
By Mr. JONES, of Tippecanoe: [SO] To prevent emigration from another State, or from one county to another in this State, for the purpose of voting or influencing elections in such county or township ; to punish violations, &c., and to repeal the act of March, 1857, on the same subject,[accompanied with the petition of Jacob Benedict and other for its enactment:]
By Mr. HOPKINS: [81] To quiet the title to a piece of ground in Vanderburg county, the east half of lot five on part of the Northwest quarter of section 29 in township six, south of range 10, west:
By Mr. HENRICKS: [82] To amend the 7th section of the act to incorporate the South Bend Manufacturing Company, and repeal the 9th section of the same; approved December 28, 1842:
By Mr. HEFFREN : [83] Te provide for a general system of Common Schools,the officers thereof, their respective powers and duties, and matters properly connected therewith; to establish township libraries, and for the regulation thereof. [On his motion, under a dispensation of the Constitutional provision, this bill was read the first and second time by its title, and then referred to the Committee on Education :]
By Mr. ORR : [84] To regulate interest, on money, and to repeal the act concerning interest on money, approved May 27, 1852, and repeal all laws in conflict with this act: [Mr. Bundy made an ineffectual motion for a dispensation and second reading.]
These bills, excepting No. 83, were passed to the second reading.
GAVIN & HORD'S STATUTES.
Mr. HEFFREN, from the special committee appointed to inquire with reference to the purchase of Gavin & Hord's Statutes, reported letters from Bingham & Doughty and Gavin & Hord, the publishers and editors of said Statues, proposing to fill the State's order for three dollars a volume; and recommending a State subscription for a - number of copies for the use of the General Assembly, and - copies for the public officers.
Mr. NEBEKER moved to refer the report, to the Committee on the Judiciary.
Mr. HURD would stand in need of this work, unless he were supplied with all the acts since 1850. The House would not be capable of acting intelligently on many questions without it, and he thought it would be economy to procure it.
Mr. EDSON. The first volume brings up the compilation of the nets to this time, and the second volume would embrace the acts of the present Legislature. It seemed to him that the body ought to subscribe for the first volume, aud that at least 100 copies be procured for the use of the House.
Mr. SMITH, of Bartholomew, understood the the subscription for these books to be proposed for the benefit of lawyers.
Mr. HEFFREN. Yes, sir.
Mr. SMITH. Then it should be ascertained how many practicing lawyers there are in the House, that they might be supplied to the extent of their number.
Mr. HURD. It was not a subscription for members in the sense of taking the books home with them. They were for use in the public service.
page: 73[View Page 73]Mr. HEFFREN moved ineffectually to post-pone the further consideration of the report till Tuesday.
Mr. BRANHAM hoped the House would not vote this supply of books without the proposition first going to the committee proposed. If it was right for the House to have them he was ready to vote for the proposition.
The report was then referred to the Judiciary Committee.
EMBEZZLEMENT BILL.
Mr. Branham's Embezzlement Bill [H. R. 1] defining certain felonies, &c., was taken up and considered on the second reading.
On motion by Mr. BRANHAM, it was referred to the Committee on the Judiciary.
Mr. STOTSENBERG desired to amend by substituting appropriately the word "felony" for embezzlement," and for "breach of trust."
Mr. PROSSER proposed to amend by including in its provisions and penalties "all city, town and other officers, all executors and administrators, and all persons acting in any fidiciary capacity whatever."
The amendments, by unanimous consent, were referred with the bill.
Mr. Williams' bill [2] declaring it a felony to destroy railroad cattle-guards, &c.; and
Mr. Cameron's bill, [3] to provide for the Common Pleas Court in Newton county, were considered on the second roading, and referred to the Committee on the Judiciary.
Mr. McLean's bill [4] to amend sections 70 and 91 of the aasessment act, June 21, 1852, was considered on the second reading, and referred to the Committee on County and Township Business.
Mr. Jenkinson's bill, [5] to repeal the taxing power of County Commissioners, was considered on the second reading, and referred to the Committee on the Judiciary.
ADJOURNMENT TILL MONDAY.
Mr. PARRETT moved that when the House adjourns, it shall be till Monday, at 2 o'clock P. M.
Mr. WOODHULL would know the reason for this motion. Was it to give gentlemen living on the railroads a chance to go home?
Mr. BUNDY, It was not for the purpose of running home, but to give time for members to employ themselves in committees, and investigate the business before them. The business of the body must be prepared outside of this Hall. It would advance the business of the session for members to employ themselves in the committees, so that the House could not sit more than four days in the week. It was a standing rule of the last session, and a good one, to adjourn from 11 o'clock Saturday till Monday, 2 o'clock. He had moved the same order for the present session; but for the present, he was in favor of the motion of the gentleman from Elkhart.
Mr. BRANHAM. It was not so ranch what was proposed as what was completed that made the value of the session. If gentlemen would look over the files of the last session, they would find that three-fourths of the work was not completed. He was satisfied that the manner of doing business which commonly obtained in this body, was not the best. The main portion of the work should be done in the committees: and if they are not reliable, we must take them as we find them. He remembered the economical pretensions of the session of 1855, At one time in that session there were forty men on the sick list because of undue confinement in this room. Members of the Legislature, like all other men, required exercise and recreation. So far as our compensation was concerned, he did not care a fig for that. He never came here as a member but that his salary fell short of his expenses, and he never expected to. His only purpose was to use the time devoted here to the State to the best advantage. How many of the Committees now knew what was to come before them? Gentlemen should prepare themselves by examining into the past, and familiarizing themselves with the history and legislation of the State. They would then be moving in the right direction. And if they wanted to go home, he had no objection. It was not to be supposed that gentlemen coming here to serve, should be treated worse than other men. So far as he was concerned, he would be glad for every member to go home Saturday, and return Monday.
[A Senate message announced the passage there of a joint resolution to send the joint committee on the Penitentiary, to Michigan City.]
Mr. CAMERON. The argument that business was to be forwarded in the committees by adjourning over from Friday till Monday, he thought fallacious. The adjournment would scatter the committees. It was already intimated that the committees would not be able to meet till Tuesday. He would vote for an adjournment every day at 2 o'clock. That would give time for work in the committees.
Mr. STOTSENBERG said this system of adjournments would throw all the important business into the heel of the session.
Mr. WOODHULL. He was on but one committee, and that had adjourned till Monday evening, because of this proposition. The argument of the gentleman from Porter was conclusive against the motion. The effect of the adjournment would be that we would have no committees. He also concurred with the suggestion of the gentleman from Porter, that it would be better to adjourn for the half of each day.
Mr. DOBBINS proposed to amend the motion by requiring the members of standing committees to come here to-morrow and set ID their rooms till 4 o'clock.
The SPEAKER ruled the amendment out of order.
Mr. GEESHAM. It was necessary that the page: 74[View Page 74] House should sit to-morrow to get work before the committees.
Mr. VEATCH cited an authority against the debateableness of a motion to adjourn to a day certain.
The SPEAKER. The gentleman has got hold of Jefferson's Manual. [Laughter.]
Mr. FRASIER was for the motion. Most of us were unacquainted with committee business. He was a member of the Committee on County and Township Business; and although he had practiced law for twelve years he yet knew very little about the law, and legislation in these matters which might guide him in the committee. He could occupy himself with researches in this direction, and in looking over these annual reports on our tables. He could put in his time pretty well between now and Monday.
Mr. Parrett.'s motion was adopted by yeas 51, nays 43.
Mr. MOODY made an ineffectual motion to adjourn.
Mr. Roberts's bill, [6,] to amend the act for the election of Presidential electors, was considered on the second reading, and referred to the Committee on elections.
MISDEMEANORS.
Mr. Woodhull's bill [7] to amend the 13th section of the act of 1852, defining misdemeanors, was considered on the second reading.
Mr. WOODHULL asked for its engrossment. It proposed a change only so far as the punishment is concerned. As the law now stood, If a man destroy a horse by poison, you could not send him to prison, as if he stole the horse, or stole no more than five dollars. He rehearsed a case in his county, which makes this act desirable. A man was convicted of malicious trespass in poisoning two horses-one worth $250 and the other $100-for which he was sent to the county jail for a year and fined $200. He served out his year, and was still in jail because unable to pay his fine. He considered it plain that, in such cases it ought to be left to the jury whether there should be fine or imprisonment in the penitentiary.
Mr. FISHER moved that the bill be referred to the Committee on Judiciary.
The motion was agreed to.
The House then adjourned till Monday 2 o'clock p.m.
