IN SENATE.
WEDNESDAY, May 22, 1861.On motion by Mr. LINE, further proceedings under the call pending at the adjournment of yesterday were dispensed with.
THE TIMES OF HOLDING THE COMMON PLEAS COURTS IN THE COUNTIES OF ADAMS, WELLS, HUNTINGTON AND ALLEN.
Mr. SLACK introduced a bill [20] entitled An act to amend the twentieth section of an act entitled "An act to fix the times of holding the Common Pleas Courts in the several counties of this State; the duration of the terms thereof; and making all process from the present Common Pleas Courts returnable to such terms; and declaring when this act shall take effect; and repealing all laws inconsistant therewith;" approved March 5, 1859; which was read the third time.
THE LEGITIMATE BUSINESS OF THE SESSION.
The PRESIDENT. Unless the resolution adopted by the Senate on the second clay of this session [printed on page 8 of the BREVIER LEGISLATIVE REPORTS] is suspended or rescinded the Chair could not, unless the Senate gives unanimous consent, entertain propositions of a general character.
Mr. SLACK. Then I move the operation of that rule be suspended.
Mr. CONNER. Is this understood to be rescinding the rule entirely?
The PRESIDENT. That is what the Chair understood it to be, in effect.
Mr. CONNER. So far as I am concerned, I should not oppose suspending the rule for a particular and pressing emergency, but to enter upon general legislation, for one I shall go against it. I think it unwise at this time. If it be proper to allow a particular bill to be introduced by general consent without effecting the operation of the resolution I, of course, could not object.
Mr. SLACK. I am not particular about rescinding that rule, but I think by general consent the provisions of that rule might be suspended. I do not think I should be in favor of going into a general system of legislation, but the rule might be rescinded, notwithstanding that.
Mr. STUDABAKER. It appears to be a strange process by which if Senators desire any particular legislation they have to take their bill's into the other end of the Capitol and get them passed there in order to get them brought properly before this body. Some time ago the gentleman from Delaware [Mr. March] introduced a bill fixing the times of holding the Common Pleas Courts in his county, which was ruled out here, but was introduced in the other end of the Capitol, came back to the Senate and we passed it. Now it appears to me we had better rescind this resolution than leave it in force; for we have considered it discourteous to make it operate upon a bill which has been passed in the other end of the Capitol.
Mr. CARNAHAN. I move to rescind the rule altogether.
Mr. WOLFE. I am opposed to rescinding the rule, for if it is done I am satisfied matters of general legislation will be introduced to such an extent as will necessarily prevent proper legislation in regard to matters that will properly come before this body. We have not time to do that, and I think there is more reason for the continuation of the rule now than there was for adopting it at the start. As far as the dispension of it for a special purpose that will meet the approbation of the Senate generally, I have no objection.
Mr. JOHNSTON. If this rule is to be suspended every time a bill is introduced, it would save time to rescind it at once. I presume every Senator here may have some business for which he may ask that the rule be suspended; and if it is suspended for one man's benefit, it ought to be suspended for all.
Mr. BEESON. I shall demand the ayes and noes on that question.
Mr. JOHNSTON. I will join the gentleman in his call for the ayes and noes; for I would like to have an expression from this Senate as to whether they will stay the forty days out or not. If we are going to stay, we had just as well pass some bills that the people want passed.
Mr. TURNER. I am in favor of rescinding the rule for the very reason that some gentlemen are opposed to rescinding it. We are now drawing rapidly to the close of the session, and I am satisfied there is no disposition on the part of Senators to introduce a system of general legislation. I do not know of any bills that are to be introduced, and I apprehend there are but few. It looks like a kind of child's play for the Senate to resolve that we will not go into a system of general legislation, and then rescind the resolution.
Mr. MURRAY. I shall vote to rescind this rule in order to save our own credit with the people of the State. The gentlemen who are proposing to rescind this resolution are the same gentlemen who voted to bring us back here. They said we had important business to transact, and that it was necessary for this Legislature to convene again. A majority carried this through, against my vote and the vote of others on this floor. We are here now, and they propose by this resolution to get off of legislation. Every one knows everything pertaining to the war has been disposed of, The people up in our section, when they asked, In the name of Heaven what page: 135[View Page 135] are we earning back here for? I could say nothing, but that a majority of the Legislature thought we ought to If we keep this rule over us, we might as well adjourn to-day, and go home, and say to the people that we have no business. If there is any business to transact, in the name of heaven let us do it, and cast off this rule, which binds us hand and foot. If there is any legislation to do, let us save our credit by doing it. - The motion to rescind the resolution was agreed to by yeas 23, nays 12, as follows:
YEAS - Messrs. Carnahan, Claypool, Cobb, Culver, De Hart, Hamilton, Johnston, Jones, Line, March, Mellett, Murray, Odell, Ray, Shoemaker, Shoulders, Slack, Steele, Stone, Studabaker, Tarkington, Turner, White - 23.
NAYS - Messrs. Bearss, Beeson, Berry, Campbell, Conner Loraax, Miller, O'Brien, Robinson, Teegarden, Williams, Wolfe - 12.
INDEPENDENT MILITARY COMPANIES.
Mr. WOLFE introduced a bill, [S. No. 21] entitled "An act for the organization of Independent Military Companies," which was read the first time.
COMMON PLEAS COURTS IN THE COUNTIES OF WELLS, ADAMS, HUNTINGTON AND ALLEN.
On motion by Mr. SLACK, the rules were suspended - yeas 35, nays 0 - (two thirds voting "aye") and the bills S. No. 20 and 21, introduced this morning, were read the second time by title only.
Senator Wolfe's bill No. 21 was referred to the Committee on Military Affairs.
On motion by Mr. SLICK, his bill No. 20 was considered as engrossed, read the third time, and finally passed by yeas 34, nays 0.
CIRCUIT COURTS IN THE ELEVENTH CIRCUIT.
Mr. DeHART introduced a bill, [S. No. 22] entitled "a bill to fix the times of holding the Circuit Courts in the 11th Judicial Circuit, and to regulate the return of process in said circuit," which was read the first time, and passed to the second reading.
On motion of Mr. DeHART the rules were suspended - yeas 34, nays 0 - the bill read the second time by title only, and referred to the Committee on the Organization of Courts.
THE SALARIES OF PUBLIC OFFICERS.
Mr. JOHNSTON introduced a bill, [S. No. 23] entitled "a bill to amend sections one and two of an act entitled 'An act relative to the salaries of public officers, and providing the manner of paying the same, and the manner of reimbursing the State for an increase of salaries' approved March 5, 1859;" which was read and passed to the second reading.
OWEN COUNTY CIRCUIT COURT.
Mr. CONLEY introduced a bill, [S. No. 24] entitled "A bill fixing the time of holding the Circuit Court in Owen county, and repealing all laws in conflict with the provisions of this act," which was read the first time.
STAY OF EXECUTION ON ALL SUMS FOR ONE YEAR.
Mr. CONLEY introduced a bill, [S. No. 25] entitled "An act to amend the four hundred and twentieth section of an act entitled 'An act to revise, simplify and abridge the rules, practice, pleadings and terms in civil cases in the courts of this State, to abolish distinct forms of action at law, and to provide for the administration of justice in a uniform mode of pleading and practice, without distinction between law and equity' approved June 18, 1852;" which was read the first time.
GARNISHEE AGAINST ALL OFFICERS.
Mr. MILLER introduced a bill, [S. No. 26] entitled, "An act to authorize the process of garnishment against clerks of the Circuit and Common Pleas Courts, sheriffs, justices of the peace, constables and all other officers who collect money by virtue ot their office, and executors, administrators, guardians and trustees, and providing for the indemnification of such officers and persons," which was passed to the first reading.
DISTRIBUTION OF SCHOOL MONEYS.
On motion by Mr. STUDABAKER, it was -
Resolved, That the Superintendent of Public Instruction be and is hereby requested to inform the Senate at an early day the cause of the delay in the distribution of the school revenue, and if the delay is occasioned by County Auditors failing to make reports as the law requires, to inform the Senate of the names of such delinquents and the counties to which they belong; also to recommend such amendments to the school law, if it is required, as will insure promptness in the distribution of the school revenues as required by law hereafter.
EQUIPMENT CONTRACTS.
On motion by Mr. ROBINSON it was -
Resolved, That the Quartermaster General be and is hereby required to report to the Senate the bids and propositions made to his department for furnishing of uniforms and clothing, the parties with whom contracts have been made, their place of residence, and the terms upon which such contracts have been made.
THE INTEREST LAW.
Mr. TARKINGTON offered a resolution instructing the Committee on Finance to inquire into the expediency of repealing the law allowing a greater rate of interest than six per cent, per annum, as allowed by an act of the General Assembly of the regular session of 1861.
Mr. WOLFE. I cannot consent to vote for this resolution, for the simple reason that if we repeal that law we will have no law on the subject at all. I move to lay the resolution on the table.
Mr. TARKINGTON. It is simply a resolution of inquiry.
The resolution was laid on the table by yeas 26, nays 11.
QUALIFICATION OF VOTERS AT SCHOOL MEETINGS.
Mr. LINE offered a resolution "That the Committee on Education be instructed to inquire whether any further legislation is necessary to define who are entitled to vote at the regular or special school meetings held by the different schools of the State."
Mr. MILLER. The passage of this resolution might seem to indicate that there is some ambiguity in the law, which is not the case. It is so plain and simple that anybody can understand it. I am opposed to its passage for this reason.
page: 136[View Page 136]Mr. LINE. I have no desire to throw anything in by way of embarrassment, to the carrying out of the school law, but I think it necessary that there should be something definite as to who shall vote at these meetings.
Mr. WOLFE. I think with the Senator from St. Joseph, (Mr. Miller,) that there is not a great deal of need to define the law, but I think the section is not as clear as it might be, though clear enough. It seems to me, however, to be a fair subject of legislative inquiry.
The resolution was adopted.
VACANCIES IN THE REGIMENTS OF VOLUNTEERS.
Mr. HULL offered a resolution "that the Committee on Military Affairs be instructed to enquire into the necessity of making some provision whereby the Governor may have power to fill vacancies that may occur in the volunteer regiments of this State - for instance, when vacancies occur in the three years' volunteer service by death or otherwise, the vacancies to be filled by recruiting from this State, and report by bill or otherwise."He said: I have been led to offer this resolution upon conversation with Lieut. Davis, late of Fort Sumter, as to whether he would accept an appoint as Colonel of a regiment of Indiana volunteers. He said he would if any provision was made by which the regiment could be kept full by volunteers from the State.
The resolution was rejected.
OMITTED APPROPRIATIONS.
On motion by Mr. LINE it was -
Resolved, That the Committee on Finance be instructed to inquire whether there were in the general or specific appropriations of the last regular session any omissions that would prevent the State Government from being carried on in all its departments.
DUTIES OF MILITARY OFFICERS.
On motion by Mr. LINE, it was-
Resolved, That the Committee on Military Affairs be instructed to inquire whether any additional legislation is necessary to insure a faithful discharge of the duties of any of the officers connected with the financial affairs of the Military department of this State, and report by bill or otherwise.
COUNTY PROPERTY.
Mr. SHOEMAKER introduced a bill, [27] entitled, An act supplemental to an act to provide for the selection of county seats, and for the erection and preparation of county buildings in counties where two-thirds of the legal voters have petitioned, designating a site and a place to be used as a court house, and where a deed has been executed, to provide also for the transfer of any equitable title for the termination of actions growing out of such resolution, and for the transfer of the former county property, approved December 22, 1858; so as to legalize and confirm the action of the Boards of Commissioners in cases where public property has been conveyed under the provisions of such act, and provide for the conveyance of the asylum for the poor in certain cases, and to provide, also, that the trustees created under the act to which this is supplemental shall constitute bodies politic and corporate, which was passed to the second reading.
Mr. STUDABAKER moved that the rules be suspended, and the bill be read n second time now by its title.
Mr. MILLER made the motion to include his bill, No.26, also.
The motion was agreed to - yeas 27, nays 0.
Senator Miller's bill, No. 26, was read the second time by its title only, and referred to the Committee on the Judiciary.
Senator Shoemaker's bill, No. 27, was read the second time by its title only, and ordered to be engrossed for the third reading.
STREET RAILROADS.
Mr. NEWCOMB introduced a bill, [S.28,] entitled "a bill to provide for the incorporation of street railroad companies," which was read the first time.
On motion by Mr. WILLIAMS, the rules were suspended - yeas 35, nays 0 - the bill read the second time by its title only, and referred to the Committee on Corporations.
And then came the recess till two o'clock.
AFTERNOON SESSION.
Mr. JOHNSTON introduced a bill [S. No. 29] entitled "An act to amend the ninth section of an act entitled 'An act to fix the time of holding the common pleas courts in the several counties of this State, the duration of the terms thereof, and making all process from the present common pleas courts returnable to such terms, and declaring when this act shall take effect, and repealing all laws in conflict therewith,' approved March 5, 1859, and prescribing the times of holding and duration of the terms of the common courts of the counties of Clay, Owen, Green and Putnam," which was read the first time.
LANDLORDS AND TENANTS.
Mr. CARNAHAN introduced a bill [S. No. 30] entitled ' A bill to secure the collection of rent in certain cases therein named, and to enable persons of small means to rent lands without giving personal or other security therefor," [the same as the bill S. No. 185 of last session] which was read the first time.
DOCKET FEES.
Mr. MARSH introduced a bill [S. No. 31] entitled "A bill regulating docket fees of district attorneys in the courts of common pleas and before justices of the peace, and regulating prosecuting and district attorneys' fees for prosecutions on forfeited recognizances," which was read the first time.
ADJOURNMENT SINE DIE.
Mr. WILLIAMS offered a concurrent resolution, which was adopted, as follows:
Resolved by the Senate, [the House concurring,] That the General Assembly will adjourn sine die on Monday, the 29th inst.
JOSEPH MOORE.
Mr. MARCH introduced a bill [S. No. 32] entitled "A bill for the relief of Joseph Moore," [identical with the bill S. 245 of last session,] which was read the first time.
INDEPENDENT MILITARY COMPANIES.
Mr. WOLFE, from the Committee on Military Affairs, returned his bill [S. 17] with a report recommending its passage.
page: 137[View Page 137]Mr. WOLFE moved to concur in the report with the following amendment:
"Amend by adding the following additional section to be inserted before the last section: Section 16. Independent companies now organized may continue their organization by complying with the provisions of this act, and all laws for the organization of independent military companies in contravention of this act are hereby repealed."
The amendment was adopted and the report was concurred in.
RAILROADS.
Mr. NEWCOMB introduced a bill [S. No. 33] entitled: "A bill to amend section thirty-five of "An act to provide for the incorporation of railroad companies," approved May 11, 1852, which was read the first time.
SCHOLARSHIPS IN THE STATE UNIVERSITY.
Mr. TARKINGTON introduced a bill [S. No. 34] entitled "An act to regulate the contingent fee for perpetual scholarships in the State University, and providing for the purchase of the same," which was read the first time.
THE SCHOOL LAW.
The PRESIDENT directed the Secretary to take from the files the bill H. R. 24 amending the school law, described on page 110 of the BREVIER LEGISLATIVE REPORTS; and it was read the first time in the Senate.
DECEDENT ESTATES.
Mr. MILLER introduced a bill [S. No. 35] entitled "An act to amend section 21 of an act entitled An act providing for the settlement of decedent estates prescribing the rights, liabilities and duties of officers connected with the management thereof and the heirs thereto and certain forms to be made in such settlement," approved June 17,1852, which was read the first time.
Mr. BLAIR. As there is a flag presentation about to take place, and many Senators are anxious to attend, I move we adjourn.
Mr. MURRAY. I wish to say to the Senate that it is absolutely necessary the Senate should remain in session until tickets for the circus are made out by the Doorkeeper. [Laughter.]
Mr. CONNER. I hope that courtsey will be extended, which the occasion demands. I hope the Senate will at least take a recess.
The motion was agreed to.
And then the Senate adjourned.
