IN SENATE.
TUESDAY, February 17, 1863.Mr. WILSON presented a petition from citizens of Vigo county, praying for laws to enforce the 13th article of the Constitution.
REPORTS FROM COMMITTEES.
Were made and concurred in as follows:
Recommending that the bill S 106. (see page 127:) lay on the table, and 200 copies be printed for the use of the Senate.
Recommending that the bill. [S. 49] providing that the school tax levied oil corporations should go to the principal of said fund, and not be distributed as school revenue, be laid on the table.
page: 153[View Page 153]Messrs. BRADLEY and RAY spoke in favor of the bill and against the recommendation of the committee, and Mr. WOLFE defended the report.
Recommending that the bill S. 100--p. 122--be laid on the table.
PROPERTY EXEMPTION.
The Judiciary Committee recommended that the bill, [S 36] proposing to increase the amount exempt from execution from $300 to $500 be indefinitely postponed.
The report was defended by Messrs. LANDERS, WOLFE. GRAVES, SHIELDS and RAY, and the indefinite postponement was opposed by Messrs. MARCH, JOHNSTON and MURRAY.
The report of the committee was not concurred in--yeas 20, nays 20.
Mr. JOHNSTON moved to recommit with instructions to amend by adding the following section:
SECTION --. Provided, however that where there is any doubt as to the amount of property in value owned by each, the plaintiff and defendant, it shall be the duty of the Sheriff or constable to make out an inventory and valuation of the property of both, the plaintiff and defendant, and if it shall appear upon such inventory and valuation that the defendant; is the owner of more property in value than the plaintiff, then no exemption shall be allowed.
On motion by Mr. MARCH, the amendment was laid on the table--yeas 24, nays 17--and the bill was recommitted to the Judiciary Committee, without instructions.
REPRESENTATIVE APPORTIONMENT.
Mr. WILLIAMS called up bill [S. 111.] to apportion the State for Representative purposes, it being the special order for this day.
Mr. BROWNE, of Randolph, moved to amend, so as to give Jay one Representative, and to add Blackford to Wells for representative purposes.
On motion of Mr. WOLFE, the further consideration of the bill was postponed till Thursday.
AFTERNOON SESSION.
A committee report recommending that the bill S. 91--see page 127--be laid on the table, was concurred in.
On motion by Mr. MARCH, the bill S. 129 was taken from the table and referred to the Committee on Finance.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. DOUGLASS, [137] giving County Surveyors the power to administer oaths to viewers of roads; providing that when a Surveyor is one of the viewers he shall not be required to take an additional oath.
By Mr. DAVIS, of Cass, [138] to amend the title of an act providing for the increasing of the capital stock and he Directors of Railroad Companies, approved June 17, 1852.
By Mr. CULVER. [139] to repeal the 119th section of the valuation and assessment act, approved June 21. 1852.
By Mr. RAY 140, to enforce the 13th article of the Constitution of the State.
By Mr. LANDERS. 141 to amend sections 57, 59, and 60 of "An act defining misdemeanors, and prescribing punishment therefor." approved June, 1852."
By Mr. DOUGLASS, [142] authorizing County Commissioners to fill vacancy in the office of School Examiner.
By Mr. LANDERS, 143 to prevent and punish illegal arrests, and fixing penalties.
WORK FOR COMMITTEES.
Senate bills 133 to 136 inclusive,--introduced yesterday--and joint resolution 9--see page 117--were read the second time and appropriately referred.
RAILROAD MANAGEMENT.
Mr. BROWNE, of Randolph's bill, (S. 12) to compel railroad companies to keep a sufficient number of cars to accomodate the business on their lines, was read the third time.
Mr. MANSFIELD protested earnestly against the passage of the bill. He contended that it would bankrupt any company in the State to comply with the law, and would be manifestly unjust. There were times and seasons when any business would be overrun. As well compel hotels to have accommodation at all times for all the custom that a largo gathering would throw upon them as to compel a railroad to carry off the product of an abundant harvest at one time.
Mr. SHIELDS was opposed to this war on railroads, and he argued to show that the business was not a profitable one. An immense amount of capital was invested in them, and so far from its being a paying investment, it was considered dead capital.
Mr. CORBIN moved to recommit the bill to the Judiciary Committee, with instructions.
Mr. BROWNE, of Randolph, had no desire to urge a war against railroads. The people had invested largely in them, and they had done much for the country. The bill did not contemplate reduction in the prices, but he did desire to correct the discrimination against the local business of the country. How is it that passengers and freight are carried from one end to the other of a line cheaper than way passengers are carried?
Mr. SHIELDS. It is because of the competition of competing roads.
Mr. BROWNE, of Randolph, knew that and he thought the Legislature had the power to correct these wrongs. He illustrated the working of this discrimination against the way freight and travel, and contended that it was unjust and unfair to; the great mass of the people, who did not page: 154[View Page 154] live at the termini of the roads. The great object of the bill was to prevent the roads from giving all their means of transportation to the ends of the lines, where there was competition, to the exclusion of the way stations. Whoever heard of shippers here being obliged to wait for cars? But the way stations on all the roads are frequently crowded for weeks and months. It was unfair, unjust, and cried aloud for redress. The second proposition in the bill was to make the way and through freights uniform. This was also just, and should be the rule, to prevent the building up of monopolies at the ends of the roads by robbing the farmers along the lines. The bill simply proposes to make the rates uniform.
Mr. SHIELDS contended that the true rule for the Legislature would be to let the railroads regulate their own business, and they would do it with far more advantage to the people (who were their customers) than Senators could do.
Mr. MURRAY would like the Senator from Randolph to tell him how this State could regulate by law the fares on roads which had their termini in other Stakes. The roads in his section ran north and east their markets were at Chicago and New York.
Mr. BROWNE, of Randolph, did not know that we could regulate the roads outside of the State, but within the State we could, and thus set a good example to other States.
Mr. CORBIN explained the effect of the amendment he proposed to the bill, and made an able argument. He earnestly advocated some restraints upon the railroad corporations of the country. The people had been ground down since the troubles commenced, and if it was in the power of the Legislature relief should be afforded.
Mr. MARCH said there was great complaint and dissatisfaction among the people. The Legislature should act promptly or tell the people that they could not act. The railroads were built mainly by the people along the lines, and the stocks were now held by capitalists who had bought them up at a mere song. They had postponed the local freight, and given all advantages to through freight, and it had caused, great discontent among the people. We must do something to quiet this feeling, or it might culminate in an outbreak.
Mr. RAY said that there were two classes of railroads in the State. Some were built under special charters and some under the general law. If the Legislature has not reserved the power to regulate under the charters, the right belongs to the corporations. The general law did reserve the right, and railroads built under this were under the control of the Legislature, as to their tolls, &c., but those built under special charters were free from control. He conceded the right as to those organized--under the general law, but denied the right of the Legislature to say to those roads acting under special charters that they should carry at specified rates, or should keep a sufficient amount of stock on hand to meet extraordinary emergencies.
Mr. GRAVES did not fee like voting for the bill as it now stands, and yet he was anxious to have some legal regulation of the matters contained in it.
Mr. SHIELDS moved to Indefinitely postpone the bill and amendment.
On motion by Mr. COBB, the motion was laid on the table by yeas 30, nays 13.
The bill and amendments were then referred to the Judiciary Committee.
MEMORIAL FROM THE ARMY.
Mr. BROWNE, of Randolph, presented a memorial from the officers and soldiers of the 34th Indiana regiment, which was ordered printed with the papers sent from the army of the Cumberland.
The bill [H. R. 109)] for the relief of borrowers from the Sinking Fund, was read the first time.
