IN SENATE.
SATURDAY, May 25, 1861.Mr. BLAIR, from the Committee on Finance, returned Senator Craven's bill [S. No. 47] entitled "a bill making additional provisions for the payment of the loan of two millions of dollars, authorized by the apt of the General Assembly," approved May 13, 1861, with the following amendment, and when so amended recommend its passage: "Insert after the word 'levied' in the second line of the 1st section, the words 'for State debt sinking fund purposes."
The report was concurred in.
SUBSTITUTION OF JUDGES IN CERTAIN CASES.
Mr. JOHNSTON offered a resolution"That the Committee on the Judiciary be instructed to inquire into and ascertain whether there is any effectual law now in force providing for the trial of causes in cases where there may be affidavits of prejudice of the Judge filed, where he may be related to either party, and report by bill or otherwise.
Mr. MARCH. There is no objection, I presume, to the resolution, though as one of the members of the committee, I prefer any Senator who has anything of that kind would introduce a bill. Such a course would facilitate the matter. The difficulty is simply this, there is no extra pay to the Judge, and they decline serving, that is the reason we don't have such courts; and there is no power to compel them to serve. I apprehend the General Assembly will pass no bill increasing the pay.
Mr. JOHNSTON. I do not know what the reasons are, and for that reason I offer the resolution, so that we can know.
The resolution was adopted by consent.
DECEDENT ESTATES.
Mr. Miller's bill S. No. 35, introduced on Wednesday afternoon, coming up in regular order, was read the second time and ordered to be engrossed for the third reading.
JOSEPH MOORE.
Mr. March's bill S. No.32, was read the second time.
Mr. MARCH. That bill was referred to the Judiciary Committee last session and its passage recommended. It is unnecessary to refer it again.
The PRESIDENT. There being no objection, the bill will be ordered engrossed for a third reading.
DOCKET FEES.
Mr. March's bill S. No. 31, also introduced on Wednesday afternoon, was read the second time.
Mr. MARCH. That bill passed this body at the last session. There is now no law allowing pay to District Attorneys, and unless some Senator has some objections, I trust it will not be delayed, but allowed to pass to a third reading on to-morrow. It provides that no fees are to be paid out of the county treasury, under any circumstances, except on a conviction for felony by the money can riot be made out of the defendant Then the county pays a five dollar docket fee.
The bill was ordered to be engrossed for the third reading.
SCHOLARSHIPS IN THE STATE UNIVERSITY.
Mr. Tarkington's bill S. No. 34, was read the second time.
Mr. WHITE. Is that Mr. Tarkington's bill.
SEVERAL VOICES. Yes.
Mr. WHITE. He requested me to ask that the bill be considered as engrossed and read the third time.
SEVERAL VOICES. There is no quorum present.
Mr. WHITE. If there is a quorum present-V
VOICES. There is no quorum. No quorum.
Mr. WHITE. Well, I suppose there is not a quorum present. Let it lie on the table till he returns.
The PRESIDENT. The bill can be taken up at any time. It will be passed to a third reading.
RAILROADS.
Mr. Newcomb's bill, S. No. 33, was read the second time.
Mr. MARCH. By the request of the Senator from Marion, who introduced this bill, I move to refer it to the Committee on the Judiciary.
The PRESIDENT. It is so ordered.
QUARTERMASTERS AND COMMISSARIES.
Mr. Mellett's bill S. No. 38, introduced day before yesterday, was read the second time and ordered to be engrossed for the third reading.
LEAVE OF ABSENCE.
Mr. TURNER. I propose to ask leave of absence for the Senator from Miami, [Mr. Bearss.] He is not in a good state of health this morning and desires leave of absence till Monday.
The PRESIDENT. The Secretary will make a minute of it.
Mr. MILLER. The gentleman from Cass, [Mr. De Hart] desires me to ask leave of absence till Monday morning.
Mr. MARCH. Will the Senator state where he has gone?
Mr. MILLER. He said he was going to Cincinnati. He said he had some friends at Camp Dennison who were in the army. They were desiring to see him and he was desirous of seeing them. That is what he said. I move he have leave of absence.
The motion was agreed to by consent.
Mr. COBB. I desire to ask leave of absence for the Senator from Huntington, [Mr. Slack.] He has also gone to Cincinnati to visit his friends. [Laughter.]
SEVERAL VOICES. Consent. Consent. No Consent.
ASSESSMENT FOR TAXATION.
Mr. Shoemaker's bill S. No. 46, introduced day before yesterday, coming up in order was read the second time and ordered to be engrossed for the third reading.
PARTITION OF LANDS, ETC.
Mr. March's bill S. No. 48, was read the second time and ordered to be engrossed.
page: 169[View Page 169]SALE OF SCHOOL LANDS.
Mr. Beeson's bill S. No. 49 was read the second time.
Mr. LINE. I do not know exactly what are the merits of that bill. It seems to me it should go to the Committee on Education.
Mr. BEESON. The object of the bill is simply to amend the two sections of the school law pained in the bill - sections 54 and 56. [Mr. B recited the particulars of a case in his own county which makes it necessary to amend the law a proposed in his bill in order that the school section belonging to that particular congressional township, may be sold.]
Mr. MURRAY. The bill ought to be amended so as to embrace all congressional townships that are divided by county lines. There are several cases of that kind in the State.
Mr. LINE. I still think it would not be wrong to refer that bill to the Education Committee. They might amend it so as to meet the case spoken of by the Senator from Elkhart, [Mr Murray.]
The PRESIDENT. Will the Senator consent? It is so ordered.
THE TAX DUPLICATE.
Mr. Shoemaker's bill, S. No. 50, was read the second time, and referred to the Committee on County and Township Business.
HOUSE BILLS ON THE FIRST READING.
The PRESIDENT. The Secretary will now take up messages from the House.
The Home Guard bill H. R. No. 37 [see page 116 of the BREVIER LEGISLATIVE REPORTS] was read the first time and passed to the second reading.
The bill H. R. 41, amending the first section of the act prescribing the duties of the State Auditor, approved May 2, 1852, was read the first time.
The incorporation of towns bill, H. R. 43, was read the first time.
The bill H. R. 48, amending the valuation and appraisement law, was read the first time.
The bill H. R. 55, [which passed the House of Representatives this morning] authorizing county commissioners to purchase State bonds, was read the first time.
THE SCHOOL LAW.
The amendment to the school law bill, H. R. 24, described on page 110 of these Reports, was read the second time, and referred to the Committee on Education.
WHAT COUNTIES ARE ARMED?
On motion by Mr, ROBINSON it was -
Resolved, That the Governor be requested to inform the Senate what counties on the border have been supplied with arms under the provisions of a joint resolution of the General Assembly requiring 5,000 stand to be distributed in said counties, the kind and number in each county.
NEW TRIALS OF CRIMINAL CASES.
On motion by Mr. LINE, it was -
Resolved, That the Judiciary Committee be instructed to inquire whether there is any law authorizing the granting of new trials In criminal cases before justices of the peace, and to report by bill or otherwise.
AN EXEMPTION LAW.
Mr. MARCH introduced a bill [S. No. 52] entitled "An act to amend the 1st, 11th and 12th sections of an act to exempt property from sale in certain cases, approved Feb. 1852;" was read the first time and passed to the second reading.
[This bill increases the exemption law from, $300 to $500.]
THE STATE LIBRARY.
Mr. MARCH introduced a bill [S. No. 53], entitled "An act to amend the llth and 24th sections of an act entitled 'An act regulating the election and duties of the State Librarian, approved May 27, 1852,' and to punish the violation of its provisions;" which was read the first time.
THE PRACTICE ACT.
Mr, MARCH introduced a bill [S. No. 54], entitled "An act to amend the 20th, 22d, 23d and 25th sections of an act entitled 'an act to revise, simplify and abridge the rules, practice, pleadings and forms in civil actions in the courts of this State, approved June 17th, 1852,'and to authorize district attorneys to administer oaths in certain cases;" which was read the first time.
HIGHWAYS.
Mr. MARCH introduced a bill [S. No. 55] entitled "A bill to amend the ninth section of an act entitled 'an act providing for the election or appointment of supervisors of highways, and prescribing certain duties and those of county and township officers in relation thereto, approved March 5, 1859, and to exempt persons from road and poll tax in certain cases," which was read the first time, and passed to the second reading.
ADJOURNMENT TILL MONDAY.
Mr. JOHNSTON offered a resolution, which was adopted by consent, "that when the Senate adjourns, it adjourn to meet on Monday next, at 9 o'clock A. M."
INDEPENDENT MILITARY COMPANIES.
Mr. WOLFE. Mr. President: There is a special order for to-day.
The PRESIDENT. The Secretary will take up the special order. The bill [S. No. 21] has been read the third time.
On motion by Mr. WOLFE, the further consideration of the bill was postponed till Monday, at 3 o'clock, and made the special order for that hour.
PER DIEM OF MEMBERS DURING THE RECESS.
Mr. MURRAY. I move to take up the resolution pending when we adjourned yesterday, that the mover [Mr. Carnahan] may withdraw it.
Mr. CARNAHAN. I wish to withdraw it.
SEVERAL VOICES" No," " no." " Consent," consent."
Leave was granted to withdraw the resolution.
And then the Senate adjourned till Monday morning, 9 o'clock.
