IN SENATE.
FRIDAY, November 24,1865.The PRESIDENT pro tem, called to order at 9. o'clock.
On motion by Mr. GIFFORD, the reading of the Secretary's minutes of yesterday was dispensed with.
Mr. BENNETT made an ineffectual motion to consider bills on the third reading.
LEAVE OF ABSENCE
Was obtained for Mr. Corbin till Wednesday, and for Messrs. Barker and Noyes till Tuesday.
SELECT COMMITTEES.
The PRESIDENT, pro tem., announced the following committees: On the Michigan City Harbor - Messrs. Oyler, Niles, Corbin, Noyes and Hanna. On Offices for State Officers - Messrs. Mles, Cobb and Bennett, on the part of the Senate.
STATIONERY FOR MEMBERS.
Mr. MOORE offered a resolution, reque sting the State Librarian to furnish stationery to members at what the same can be purchased for at the book stores of this city.
After more than a half hour's debate -
On motion of Mr. BONHAM the resolution was laid on the table - yeas, 27; nays, 12.
POSTAGE STAMPS.
The PRESIDENT pro tem, stated in behalf of the Doorkeeper that the Auditor of State declines issuing a warrant on the Treasury under the resolution last adopted by the Senate for postage stamps, and wants to be justified by having the resolution differently worded.
On motion by Mr. BENNETT - he considering the resolution unnecessary as Senators have already voted themselves three dollars worth of stamps - the vote adopting the resolution was reconsidered and it was then laid on the table.
COMMON SCHOOLS.
Mr. VAWTER offered a resolution which was adopted, directing the Finance Committee to inquire into the expediency of amending the school law concerning text books, the length of the term of free schools, etc.
FARMERS AND MECHANICS INSURACE COMPANY.
Mr. ALLISON offered a bill [S. No. 246] for An Act to repeal section 17 of "An Act incorporating the Farmers and Mechanics Insurance Company," approved January 26, 1850; which was read the first time - again by title and referred to the Committee on Corporations.
PLANK, GRAVEL AND MACADAMIZED ROADS.
Mr. CULLEN introduced a bill [S. No. 247] for An Act authorizing Plank, Macadamized and Gravel Road Companies to appropriate earth, stone, timber, gravel, sand, etc.; which was read the first timeagain by title and referred to the Committee on Roads.
ANIMALS AT LARGE.
Mr. CULVER introduced a bill [S. No. 248] to restrain from running at large certain animals herein named - [cattle, sheep, swine, horses, etc] - which was read the first time.
CANALS FOR HYDRAULIC PURPOSES.
Mr. DYKES introduced a bill [S. No. 249] for An Act defining the powers of Companies authorized to construct canals for hydraulic purposes; which was read the first time - again by title and referred to the Committee on Canals and Internal Improvements.
TAXATION OF RAILROADS.
Mr. NILES introduced a bill [S. No. 250] for An Act to secure a just valuation of R. R. property in this State for assessment and taxation; which wTas read the first time - again by title and referred to the Special Committee on R., Rs. - Mr. Niles being added to that Committee
HIGHWAYS.
Mr. VAWTER introduced a bill [S. No. 251] for an act to amend sections fifteeen and twenty-four of the Highway Act, approved June 17, 1852, which was read the first time.
MANUFACTURING AND MINING.
Mr. CASON introduced a bill [S. No. 252] for an act to amend section two of "An Act for the incorporation of Manufacturing and Mining Companies," etc., by extending the provisions of said section to similar companies heretofore organized, and legalizing conveyances heretofore received by such companies for such purposes; which was read the first time - again by title and referred to the Committee on Corporations,
page: 100[View Page 100]COUNTY OFFICERS.
Mr. McCLURG introduced a bill [S. No. 253] to relieve county officers in certain cases for the year 1865, for violation of the provisions of An Act concerning sheep killing dogs, etc., which was read the first time.
THE STATE TREASURY.
Mr. CULVER introduced a bill [S. No. 254] for An Act to amend Sec. 2 of "An Act to provide a Treasury System for the State of Indiana," etc., [adding these words: "or National Ranks regularly organized under the Laws of the United States"] which was read the first time, - again by the title and referred to the Committee on Finance.
ORGANIZATION OF RELIGIOUS SOCIETIES.
Mr. COBB introduced a bill [S. No. 255] for An Act to amend Sec. 2 of "An Act supplemental to An Act for the incorporation of high schools" etc., which was read the first time.
EVANSVILLE.
Mr. ALLISON introduced a bill [S. No. 256] for An Act to amend the charter of the city of Evansville; which was read the first time again by title, and referred to the Committee on Corporations.
PRIVATE CEMETERIES.
Mr. BENNETT introduced a hill [S. No. 257] for An Act for the establishment and preservation of private cemeteries, etc., which was read the first time - again by title, and referred to the Committee on the Rights and Privileges of the Inhabitants of the State.
DECEDENTS' ESTATES.
Mr. HANNA introduced a bill [S. No. 258] to amend section 96 of An Act for the settlement of decedents' estates, etc., approved June 17, 1852, which was read the first time - again by title, and referred to the Committee on the Judiciary.
OATH OF CHALLENGED VOTERS.
Mr. BENNETT introduced a bill [S. No. 259,] for An Act to amend section 21 of an Act regulating general elections, etc., approved June 17,1852; which was read the first time - again by title, and referred to the Committee on the Judiciary. [Adding to the usual oath these words: "that you did not at anytime leave your residence, in this or any other State, to avoid military duty in the service of the "United States, and that you did not voluntarily enlist or serve in the army or navy of the so-called Confederate States; or in any way, voluntarily, directly or indirectly, aid or abet the government of the same."]
CHANGE OF VENUE.
Mr. CULVER introduced a bill [S. No. 260] for An Act to amend section 207 of the the General Practice Act, approved June 18, 1852, which was read the first time - again by title, and referred to the Judiciary committee.
CLINTON COMMON PLEAS.
Mr. McClurg's bill No. 231, (described on page 63) was read the second time and ordered engrossed for the third reading.
WORK FOR COMMITTEES.
The following described Senate bills were read the second time and referred to appropriate committees:
- Mr. Williams', No. 230, in relation to the organization of the General Assembly - to the Committee on Finance.
- Mr. Cobb's, No. 232, for the relief of Talbott & Costigan - to the Committee on Claims.
- Mr. Williams', No. 238, concerning adopted children - to the Judiciary Committee.
- Mr. Cason's, No. 234, amending city incorporation laws - to the Committee on Corporations.
- Mr. Culver's, No. 235, concerning County Auditors - to the Committee on County and Township Business.
- Mr. Ward's, No. 236, requiring Railroad Companies to transport live stock and charge a uniform rate therefor - to a Special Committee of one from each Congressional District.
- Mr. Noyes', No. 237, property to be sold under process of law without valuation or assessment - to the Judiciary Committee.
- Mr. Bonham's, No. 238, prescribing an oath for practicing lawyers - to the Judiciary Committee.
The following described bills were read by title only: -
- Mr. Clurg's, No. 239, concerning conflict in sessions of Circuit with Common Pleas Courts, was read by title only, and referred to the Committee on Organization of Courts.
- Mr. Dykes', 240, to amend the Liquor Law (described in proceedings of day before yesterday), was read by title only, and referred to the Committee on Temperance.
- Mr. Cason's, No. 241, in relation to witnesses (introduced yesterday), was read by title only and referred to the Judiciary Committee.
- Mr. Van Buskirk's, No. 242, changing the time for holding the Common Pleas Court, was read by title only, and referred to a Select Committee, viz: Messrs. Van Buskirk, Mason, Cullen, Reagan and Marshall.
- Mr. Van Buskirk's No. 243, changing the time for holding the Circuit Court in the fourth Judicial District, was read by title only, and referred to a Select Committe consisting of the Senators from that Judicial District.
- The Committee on the Organization of Courts' bill, No. 244, fixing the number of Justices of the Peace, was read by title only, and referred to the Committee on Organization of Courts.
- Mr. Mason's, No. 245, concerning new trials, was read by title only, and referred to the Judiciary Committee.
On motion by Mr. BENNETT, the reference of the bill S. 204, in relation to witnesses, was changed from the Judiciary to the Committee on Rights and Privileges.
On motion by Mr. MASON, the bill S. 66, changing the time for holding Common Pleas Courts, was recommitted to the Select Committee heretofore appointed thereon.
On motion by Mr. WRIGHT, the bill H. R. 55, to authorize certain persons to dig a canal from the Calumet River to Lake Michigan, for the purpose of draining a portion of the swamp lands of Lake and Porter counties, was referred to the Judiciary Committee without reading - even by the title.
And then the Senate took a recess until 2 o'clock.
AFTERNOON SESSION.
Leaves of absence were obtained for Messrs. Cobb and Hyatt till Tuesday, and for Mr. Staggs till Monday.
On motion by Mr. WRIGHT the bill H. R. 63 page: 101[View Page 101] was read by title and referred to the Committee on Corporations; and the bill H. R. 187 was read by title and referred to the Committee on Finance.
On motion by Mr. MASON the bill S. 205 was recommitted to the Committee on Organization of Courts.
VERNON, JENNINGS COUNTY.
Mr. Vawter's bill [S. No. 21] amending the charter of the town of Vernon, Jennings county, was read the third time and finally passed the Senate by yeas 88, nays 0.
JUSTICES' JURISDICTION.
Mr. Oyler's bill [S. No. 22] amending section ten of the Justices' Act so that they may have jurisdiction in all cases where the value of property does not exceed $200 was read the third time, and passed by yeas 35, nay 0.
STALLIONS & JACKS.
Mr. Douglas' bill, [S. No. 27,] amending sec. 4 of the misdemeanor acthaving reference to the standing of stallions or jacks within 200 yards of any dwelling, was read the third time and finally passed the Senate by yeas 34, nays 3.
REGISTRY OF VOTERS.
Mr. Thompson's bill, [S. No. 64,] to provide for the registry of voters, declaring their residence, punishing fraudulent voting, etc., was read the third time and made the special order for Wednesday next, at two o'clock, P. M.
DECEDENTS' REAL ESTATE.
Mr. Hord's bill, [S. No. 87,] to amend sec. 17 of An Act prescribing who may make a will, etc., approved May 31, 1852, was'read the third time and laid on the table.
COSTS OF APPEALS.
Mr. Hord's bill ]S. No. 106] to amend section 119 of the Protective Act, approved June 17, 1852, so as to strike out so much thereof as requires the appellee to pay the costs of the appeal when the decision of the Court below is decided to be erroneous, was read the third time, and passed by yeas 36, nays 1.
COUNTY SHERIFFS.
Mr. Cason's bill [S. No. 138] to amend section 30 of An Act regulating the fees of officers and repealing former acts in relation thereto, Approved March 2,1855 [making it incumbent on each county to furnish fuel, stationery, and office room for their sheriffs, as well as other officers, by inserting at the proper place in the above named section the words "and sheriffs"] was read the third time and failed to pass for want of a constitutional majority - yeas 20, nays 18.
BLACKFORD COUNTY LINES.
Mr. Bonham's bill [S. No. 140] to correct a mistake in defining the boundaries of Blackford county, was read the third time and laid on the table.
THE LIQUOR TRAFFIC.
Mr. Wood's bill [S. No. 142] denning the crime of drunkenness and prescribing the penalty therefor [shall be fined not less than one nor more than ten dollars] was read the third time and passed by yeas, 32; nays, 7.
VACATING TOWNS, STREETS, ETC.
Mr. Richmond's bill [S. No. 152] to amend section 7 of An Act touching the laying out and vacating towns, streets, alleys, public squares and grounds, etc., approved May 20, 1852, was read the third time and laid on the table.
GRAND JURORS.
Mr. Downey's bill [S. No. 156] to amend section 14 of An Act to limit the number of grand jurors, &c., approved March 4, 1852, and to change the form of oath of grand jurors, was read the third time.
Mr. OYLER explained the object of the bill to be the giving to grand juries jurisdiction and cognizance of misdemeanors as well as felonies, with the exception of that class where the fine cannot exceed three dollars.
Mr. BROWN, of Wells, saw in this bill one step towards the abolishing of the common pleas system of the State, and the consolidation of business in the Circuit Court.
On motion of Mr. VAN BUSKIRK, the bill was laid on the table (till its author shall appear in his place) by yeas 21, nays, 18.
LOTS, STREETS, PUBLIC SQUARES, ETC.
The Committee on Corporation's bill [S. No. 164,] touching the disposition of lots, streets, alleys, public squares and grounds, within the corporate limits of any incorporated city, heretofore vacated, or hereafter vacated, was read the third time and laid on the table.
HORSE THIEVES AND OTHER FELONS.
Mr. Niles' bill [S. No. 175,] to authorize the formation of companies for the detection and apprehension of horse thieves and other felons, and for mutual protection, and for repealing all laws inconsistent therewith, wras read the third time and passed - yeas 38, nays 2.
SESSION HOURS.
On motion by Mr. BROWN, of Wells, it was -
Ordered, That when the Senate adjourn it adjourns to meet to-morrow morning at nine o'clock.
HOTEL COMPANIES.
Mr. Dunning's bill [S. 185] for the incorporation of Hotel Companies, was read the third time and passed by yeas 36, nays 0.
SALE OF RAILROADS.
Mr. Oyler's bill [S. No. 206] supplemental to An Act to authorize, regulate and confirm the sale of Railroads, etc., approved March 3,1855; and for the purpose of making the same more definite and certain, was read the third time, and passed by yeas 29, nays 5.
WHITE RIVER NAVIGATION COMPANY.
Mr. Oyler's bill [S. No. 211] supplemental to An Act to incorporate the White River Navigation Company, approved February 13,1851, wras read the third time, and passed by yeas 34, nays 0.
OFFICERS OF ELECTIONS.
Mr. Bonham's bill [S. No. 221] for the punishment of officers of elections for receiving illegal votes, was read the third time and passed by yeas 35, nays 1.
INCREASE OF OFFICER'S FEES.
Mr. Bennett's bill [S. No. 226] increasing the fees of County Commissioners, Prosecuting Attorneys, Constables, Justices, Jurors and witnesses, was read the third time.
Mr.COBB moved to recommit the bill to page: 102[View Page 102]the Committee on Organization of Courts with Instructions to strike out "ten dollars" where it occurs relating to prosecuting Attorneys and insert "$5;" and all that portion referring to witnesses and jurors before Justices of the Peace and make it as the old law stands. He characterized the witnesses, constables and jurors fees - the fees as fixed before a Justice of the Peace in this bill - as enormous.
Mr. NILES since this bill has passed the second reading had remarked to several Senators that he thought we were going rather too fast on this subject and now it might be better to have this bill again considered by the Committee.
Mr. BENNETT ineffectually moved to lay the motion to recommit on the table.
Mr. BROWN, of Wells, moved to amend the instructions by including juror's fees in the higher courtsso as to let them remain as they are at present. The tendency of an increase of fees would be to increase the class of professional jurors, of which every lawyer has a horror.
Mr. DUNNING (Mr. Cullen in the Chair) opposed the amendment. We ought to have the best of men for jurors. He, too, had a horror of professional jurors, but if Judges of Courts were to instruct the Sheriffs, as Judge Eckles does, not to summon any man who he has reason to suspect comes for the purpose of getting on a jury, and to report the name of any man who solicits a place upon a jury, it would cut short that class of persons.
Mr. COBB modified his instructions by making them matter of inquiry.
The motion to recommit was agreed to. And then the Senate adjourned till 9 o'clock tomorrow morning.
