THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, December 18, 1872.The SPEAKER directed the reading of the journal of yesterday.
On motion of Mr. TROUTMAN the reading was dispensed with.
APPORTIONMENT FOR REPRESENTATION.
The SPEAKER resumed the unfinished business of yesterday, viz: the consideration of the bill [S. 146] to fix the number of Senators and Representatives of the General Assembly, and apportion the same among the several counties of the State--the question being on Mr. Kimball's motion to refer it to the Committee on Elections.
Mr. BRANHAM asked only that we may have a chance to amend the bill--to apply such amendments as he was infromed ought to be made; and when the bill shall be so amended, it was due to the House and the country that it should be printed. The indiscrete haste with which we are trying to pass a great many bills here must be detrimental to the public good. He was willing that the bill should go through this session if it can be made acceptable and right. The motion he made yesterday was at the suggestion of Republican members; but they saw proper to take a different direction. What he then asked was on the principle of right and justice--looking far ahead of the party. The words of Henry Clay were the impulse of the noblest principles ever uttered, when he said: "I'd rather be right than be President." He asked here only for a fair chance to see what we are voting for, and did not care a groat whether he was read out of the party or not. His stock in politics had never been very valuable, and if gentlemen in caucus see proper to turn him out, they are welcome to do so. He asked them no odds. He was obliged to the gentleman from Delaware for the information he tendered yesterday, on the point of Constitutional law, by which that gentleman concludes that the apportionment bids must pass at this session; and he apoloogized for the thick skull that excluded conviction from his understanding.
What if the Governor had forgotten to call this extra session?--what then would have become of this bill? But what was the object in keeping back the bill all these weeks, and just at the close of the session send one in here from the Senate with instructions to pass it at once; a bill of which a Senator who voted it has said: "It is an infamous measure and ought not to pass." Why did not the majority print the bill? Were they afraid to do it? Where did the bill come from? Did it come from the Committee on Elections? And he would have the gentleman so learned in constitutional lore to tell us what law authorizes the Senate to make this apportionment? He might be mistaken, but he had always thought it the duty of the representatives of the people to make the apportionment; and he understood it as a part of the oath of a Representative that, when upon this business, we should page: 320[View Page 320]make fair apportionment. It may be that he was mistaken. As an apology for himself, he could say to the gentleman from Marion that he was ignorant till last night that the daily papers were a source of information for this House. Till then, when that gentleman so informed him, he did not know that the papers were to be presented to this House for information. It might be all his ignorance; but he did not get the Sentinel, and perhaps that is as fair a source of information as we have. Now all he wanted is that this bill be properly amended and when so amended, that members of the House have opportunity to examine it, and be able to vote on it intelligently. If the majority will do so much that ends the difficulty. For himself he would stand here and talk till Saturday night (he did not talk very fast) before he would permit the bill to pass in its present shape; but from outside of a healthy organization he spoke not for others. But with reference to the passage of the bill at this session, if it should fail he would hold the Committee on Elections responsible for it. It was the duty of that committee to have reported an apportionment bill long ago. This was their fault, not his. But he was willing to withdraw opposition like this. Let it make no difference where the amendments come from, if they be such as ought to be made. Let us see it, and then we may pass the bill.
On motion of Mr. WILSON, of Ripley, there was a call of the House, which determined ninety-one members present.
On motion of Mr. BILLINGSLEY, further proceedings under the call of the House were dispensed with.
Mr, WALKER moved to lay Mr. Kimball's motion to refer on the table.
The motion was agreed to.
Mr. KIMBALL called for the reading of the bill.
The bill was read by the clerk, and the SPEAKER stated the question: Shall the bill pass to the third reading to-morrow?
Mr. KIMBALL was of the opinion that the bill should be amended. There was no disposition on the part of the majority to tyrannize over any one in opposition, whether he belonged to the party of the minority or the majority. He had come there to do his duty to the State and country. The majority had the right to do right. Believing that the action of his party always resulted in good to the whole country, it followed, in his opinion, that whatever the majority decided on must be right. He only asked that the State be fairly apportioned, and that the majority might be heard before being denounced.When the opposition were in power they had treated the minority as having no rights. The House was not acting under dictation in this matter. The bill had come from the Senate in a proper manner, and there had been nothing irregular about it. He understood it to be the duty of the Legislature to pass this bill at the present session, and speedy action was demanded for this reason alone.
He then submitted sundry amendments to the bill, which were read by the gentleman himself, the Reading Clerk at the same time reading from the bill, to show the effect the amendments would produce.
Mr. WILSON, of Ripley, moved the previous question on the amendments.
Mr. SHIRLEY hoped the gentleman would withdraw his motion, and not cut off all debate.
Mr. WOOLLEN hoped that Mr. Shirley would withdraw his objections.
Mr. WILSON adheared to the demand, and there was a second to the demand for the previous question, and under its pressure the amendments submitted by Mr. Kimball were adopted.
The SPEAKER again state the question on the order for the engrossment of the amendments, and the third reading of the bill.
Mr. WOOLLEN moved that the bill as amended be laid on the table and printed. I desire, said he, to say a few words to the House. I believe that I have the intelligence to look at a bill and determine whether it is right or not; and I desire, when an important measure comes up to do so. I do not know anything about this bill. I have not attended any Republican caucus, and it has not been discussed in any Democratic caucus. It is certainly a most important bill. It involves the only question in legislation that can give to the minority the right to break a quorum. Now, if this measure is forced to the final vote at this time, it would be simply forcing a measure of the greatest importance of any that could come before us and so far it would be doing something very unstatesmanlike. I do not believe that there ever was a measure that culminated in breaking a quorum in any legislative body but it was the fault of the majority. I do not excuse my own political party. The remark applies equally to both sides. But why cannot we, my friends, be so forbearing toward those who are not of our political sentiments that we can act with more discretion upon this question than those who have been here before? Can't we rise to higher plane? We are page: 321[View Page 321]but trancient beings--we live but a little while and pass away.
- "We are all such stuff as dreams are made of,
- And our little life is rounded with a sleep."
Why should we do injustice to the minority? Why pass this measure and give occasion to those coming after us to look upon our folly and regret it? Mr. Speaker I do not claim to speak for the Democratic party; for so far as I know that party stands with folded arms ready and willing that the historian may write down the record of her deeds whether right or wrong. The judgment of men in the future must determine whether or not her history has been glorious. This bill is not a strike at the Democratic party. That party is like a man that has sunk to the grave, and when the sods of the valley are over him; you can't injure it, because it is out of the way. But gentlemen have told me that this bill is a great wrong. I do not believe that the wrongs in the original bill have all been remedied by the amendments of the gentlleman from Marion. But I say, let us have it printed, and see what it is. I think I see a propriety in carrying the consideration of this bill to the next session, I believe it will be better for the party and for the interests of the State. I speak not of my own party--having no party to serve. I am here to serve my country, and cut loose from everything but the right. He was there to serve his country and the right, and the right demanded greater deliberation; for if action was had now, the members must vote in ignorance. He would plead with the majority as earnestly and humbly as he would with God for the pardon of the sins of his life, to withhold their hands and not do this wrong. There is a lurking devil in us that constantly impels us to wrong actions; but the members, when they found this impulse striving within them should have the courage to say, "Get thee behind me." He conceded to the majority the right to take advantage of the situation. To the victors belong the spoils, but they should not be gathered at the cost of honor. This haste is undignified. Let us act upon consideration, and we shall feel the better for it. It had been contemplated by the framers of our State government that the Senate should stand as a wall against which the wave of hasty legislation should break; but the judgment of the public was that this House was now the conservative branch of the legislature. Let it do justice to itself and the people.
Mr. WILSON, of Ripley, said that if he could blot out remembrance of the history of legislation in this State, he could favor the printing of this bill. The majority had been more than just to the minority, and the provisions of the bill were as fair as the latter had a right to expect. The appeal for justice was only an appeal for delay. He did not believe the minority would stay in the next regular session if the bill should be passed over. The gentleman from Johnson (Mr. Woollen) might be honest in his declarations, but he was not disposed to trust the other members of the party. There were men in the majority who had stood like walls to protect the rights of the minority and yet the latter come here and ask for delay, which means the defeat of any final action on the subject. He was willing to do whatever was fair, but whatever was done must be done at this session if the majority discharge their duty. The majority in some cases: have given the minority more than they are entitled to. For instance, Ripley, Ohio, and Switzerland have one Senator, Ripley, Decatur, and Rush bave a Representative, and Ripley has a Representative alone.
Mr. HENDERSON thought they ought to have the opportunity to examine the bill. He saw no good reason why the bill should be pushed. It had been intimated that there may be resignations next term. He would quiet the nerves of gentlemen by assuring them that there was no sort of danger. He had no party to serve. Two years ago the minority resigned when the matter was not pushed as far as it is now. He then opposed the apportionment himself, and would say to the House now that there was no danger of it ever passing, and there was no intention that it should pass. For himself, he was outside of all political organizations. Two years ago he felt the shackles fall from his limbs. Now he would say to the majority that if he were an emissary sent here to kill them off as a party, nothing would more effectually do it for him than the passage of this apportionment bill, if it is wrong.
Mr. SHIRLEY desired to answer the gentleman from Ripley as to his objection to this bill. In my own district of Morgan and Johnson we are deprived of a representation which we have had for twelve years. Since the present apportionment was made two railroads have been built through those counties; and there is more reason now that it should remain with us than there was when it was made.
Mr. KIMBALL moved for an amendment of the pending motion (which was accepted by Mr. Woollen) that the bill be printed and laid on the desks of the members, and made the special order for ten o'clock to- page: 322[View Page 322]morrow morning, and that a committee of two be appointed to take charge of the printing of the bill.
And, accordingly, the order was taken by consent.
The SPEAKER appointed as committee, to supervise the printing, Messrs. Kimball and Woollen.
Mr. WOOLLEN moved to take up Senate bill 54, to divide the State into thirteen Congressional districts.
The motion was agreed to, and the bill was read by the clerk.
Mr. KIMBALL moved that the bill take the same course as the Legislative Apportionment bills.
The motion was agreed to.
NAMES ON THE BATTLE FLAGS.
Mr. KIMBALL offered a resolution condemning the course of Charles Sumner in relation to the erasing of names from battle flags, and approving the action of Congress in relation thereto.
It was adopted.
TIPPECANOE BATTLE GROUND.
A message was received from the Senate asking the return of the Senate bill No. 45, for the enclosure of the Tippecanoe battle ground, which had been transmitted to the House improperly engrossed and so passed, and asking the House to reconsider its action and concur in the properly engrossed bill.
The matter of the message from the Senate was immediately taken up, and, by unanimous consent, it was ordered that the vote on the final message of said Tippecanoe Battle Ground bill [S. 45] be taken as reconsidered and pending, and that the bill be returned to the Senate for correction. And subsequently when the bill was returned with the corrected engrossment, it was finally passed the House of Representatives--yeas 73, nays 10.
On motion of Mr. WYNN, the Senate bill No. 59, amending sections 12, 14, 18, and repealing section 15 of the act authorizing counties and townships to extend aid to railroads, was taken up, read and referred to the Committee on Railroads.
The Senate bill No. 115, to prevent extortionate charges and unjust discriminations in freights by railroad companies, was taken up, read and referred to the Committee on the Judiciary.
BANKING.
The bill [S. 2] to authorize and regulate the incorporation of banks of discount and deposit in the Senate of Indiana, was taken up and read.
On motion of Mr. BRANHAM, the restrictions were suspended and the bill read the second time.
Mr. BAKER desired to have the bill printed and laid over.
Mr. SATTERWHITE said the object of the bill is to provide that in case of the death of a partner, the business may be carried on, and not wound up, as now required for the organization of private banking companies as incorporated companies, so that the business may not be broken up by the death of any member. It provides, also, for regular publication of its condition. It does not compel any banking company to come under its provisions.
Mr. BRANHAM. The bill was introduced in the early part of the session, printed and laid on the desks of members. It has not been changed in the Senate.
Mr. SHIRLEY said the bill, or one like it, had been introduced in the House and referred to the Committee on Corporations. That committee had thoroughly examined the bill, and were unable to report favorably upon it. It made the stockholders liable only for an amount double theamount of stock held by them. There was not adequate security for depositors. The same provisions were incorporated in the National Banking law, but he did not regard that as any reason why this House should do an injustice. If forced to vote now, he must vote against the bill.
Mr. WOOLLEN submitted sundry amendments to the following effect:
SECTION-- . The Auditor of State (with the approbation of the Governor) as often as he shall deem necessary or proper, shall appoint some suitable person or persons to investigate any bank or or banking association incorporated under this act, who shall not be officers of any such association; and such person shall have power to make a thorough examination of the business and condition of such bank--to examine any officer or agent thereof under oath--and shall make a full report thereof to the Auditor; and such associations shall not be subject to any visitorial power, except as in this act provided, and such person shall receive $5 per day and $2 for every 25 miles travel--to be paid by the association by him examined.
SECTION-- . Every such association shall make to the Auditor of State not less than five reports in each year, which reports shall exhibit the resources and liabilities of such institution and shall transmit the same to the Auditor within four days after the request or requisition from him; and every such report shall be published in some newspaper of the place where such association is located, at the expense of the association. Penalty, $100 a day for each day's delay of any such report, etc.
Mr. BRANHAM. We will accept the amendments. I have no interest whatever in this bill, neither has anybody in my section that I know of. The sane thing was introduced by me in the early part of the session at the solicitation of personal friends. The whole object, is to enable those banks, in case of the death of a partner, to carry on their buslness.
page: 323[View Page 323]Mr. MILLER moved to refer the bill, as amended, to the Committee on Corporations.
On the motion of Mr. WILSON, of Ripley, it was laid on the table, and it was ordered that 200 copies thereof be printed.
EVANSVILLE GOVERNMENT BUILDINGS.
The bill [S. 87] granting the consent of the State to the purchase by the United States, for the purpose of public buildings, certain grounds in Evansville, was taken up and read.
On motion of Mr. BAKER, the restrictions were suspended, and the bill finally passed the House of Representatives--yeas 79, nays 0.
CONSTITUTION--CANAL DEBT SUBMISSION.
The bill [S. 159] to provide for the time of submission to the people the question of the Constitutional amendment heretofore proposed by joint resolution to prevent payment on account of canal certificates and internal improvement bonds arranged under the Butler bills of 1846 and 1847--it provides for the submission of this question on the 28th of January, 1873. It was passed to the second reading.
FELONIES OF TIMBER.
Mr. HATCH'S bill [H. R. 191] defining certain felonies, prescribing penalties therefor, and repealing, etc., was referred again to the Committee on Agriculture with instructions to strke out "felony" and insert "misdemeanor" in lieu.
COMMON SCHOOLS.
Mr. MELLETT (by unanimous consent) introduced a bill [H. R. 261] to amend the common school law. It raises the levy from 16 to 20 cents, and provides that the money thus collected shall be applied for tuition purposes only.
Referred to the Committee of the Whole and made the special order for eleven o'clock Thursday morning.
A message was received from the Senate transmitting for the signature of the Speaker enrolled Senate Act 45, for the enclosure of the Tippecanoe Battle Ground.
TRUSTEES--LEGALIZATION.
Mr. FEED'S bill [H. R. 185] to legalize the acts of the Trustees of the town of Huntingburg, Dubois county, was taken up on the third reading and finally passed the House of Representatives--yeas 76, nays 0.
On motion of Mr. BLOCHER the House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The House reassembled at two o'clock.
Mr. CAUTHORN rose to a privileged question, and called for the reading of the indorsements upon the apportionment bills--House bill 260, and Senate bill 146. The indorsements were read, showing the second reading to-day.
Mr. CAUTHORN wanted to know by what authority the order of business had been suspended, and the bills read the second time.
The SPEAKER. By the order of the House.
Mr. KIMBALL explained that the order had been suspended on the motion of Mr. Branham.
PRESERVATION OF THE JOURNALS.
The SPEAKER announced the consideration of Mr. Cauthorn's bill [H. H. 167] to preserve the original manuscripts of the journals of the Senate and House of Representatives of the General Assembly, etc., it being on the third reading.
Mr. CAUTHORN demanded a call of the House, which proceeded, and determined a quorum--78 members present. The bill was finally passed the House of Representatives. Yeas 78, nays 0.
ATTACHMENT.
Mr. Brett's bill [H. R. 170] to amend the 157th and 664th sections of the the Practice Act of June 18, 1852, was taken up in order on the third reading [by giving creditors of absconding debtors, whose claims are not due at the time when such debtor absconds, the same rights as other creditors as to attachments.]
Mr. BRETT. I introduced this bill at the request of a gentleman of my town, and requested its reference to the Judiciary Committee. That committee gave it their attention and recommended its passage with amendments. I am informed that it is a meritorious bill. It is intended to protect those having claims against absconding debtors, and not due at the time of the running away. Under the present law parties whose claims are not due can't come in under attachments, while those whose demands are due can claim the whole.
The bill was finally passed the House of Representatives--yeas 84, nays 0.
Mr. WILLARD moved for the reconsideration of the vote of this morning by which the apportionment bill [S. 146] was to be printed.
Mr. CAUTHORN. I move to lay the motion to reconsider on the table.
The SPEAKER. The gentleman can't reach the order to print without recon- page: 324[View Page 324]sidering the vote by which the bill was made the special order.
DOWER.
Mr. WILSON, of Riply, obtained unanimous consent to return from the Committee on the Organization of Courts his bill [H. R. 214] to amend sections 25 and 26 of the act of May 14,1852, to regulate descents and apportionments of estates, with an amendments (clerical), recommending its passage--it being on the third reading.
The amendment was adopted.
Mr. W. said: The law now provides that if the husband dies without children, the property goes to the wife; and if the wfdow dies the week after the property goes to her relatives. The same law also applies to the wife. In such cases it takes the property away from the blood of the original owner. This bill makes ample provision for the widow or the surviving husband--giving them $10,000 absolutely, where the estate exceeds that amount--and one-third of the remainder.
Mr. LENFESTY doubted about that feature of the bill which gives the two-thirds--less the $10,000--to the brothers and sisters. I believe that when a man dies seized of property, it should go to his family. [A voice"If he have children it all goes to them."]
The bill was finally passed the House of Representatives--yeas, 79; nays, 6.
Mr. WESNER, by unanimous consent, submitted a proposition for a clause in the specific bill to pay Judges for holding adjourned terms of Court within the last two years, appropriating $3,500 for that object; and providing that no such Judge shall receive more than $10 per day.
It was referred to the Committee on Ways and Means.
CRIMINAL PRACTICE
Mr. WILSON, of Ripley's, bill [H. R. 178] to amend section 1 of the act of December 20, 1865, to amend the 77th section of the criminal practice act of June 17, 1852, was taken up in order and passed the final reading--yeas, 74; nays, 2.
Mr. WILSON, of Ripley's, bill [H. R. 179] to amend section 1 of the act of February 2, 1855, to amend the practice act of June 18, 1852, was taken up. [It provides that where newspaper publication of the sale of real estate is omitted, the sheriff shall state the cause in his report; also, where the publisher refuses, and where there is no newspaper in the county;--to prevent exorbitant charges, and providing that the newspaper shall be of general circulation, and shall be printed and published in the county.]
Messrs. GIVAN and COBB objected to it as either not sufficiently explicit or unnecessary.
The bill was rejected on the second reading.
TOWNSHIPS--TOWNS.
Mr. SATTERWHITE'S bill [H. R. 187] to prohibit township trustees from levying tax on the inhabitants of incorporated towns, repealing, etc., was taken up on the third reading.
Mr. S. had introduced this bill at the request of citizens of an incorporated town in his county. It grows out of the fact, that some time ago the township trustee requested the auditor of Morgan County to place on the tax duplicate for school and road purposes the property of the citizens of the town of Martinsville, and the auditor refused to do so, because the said citizens' property were already assessed for school and road purposes. Upon this, suit was brought in the Circuit Court and the decision was against the auditor, and it was appealed to the Supreme Court, where the case is now pending. This bill provides that, hereafter, there shall be equal taxation in the township, within and without the town corporation; that the township trustee shall not take the corporation assessments on property which the corporation has taxed by its own authority.
Mr. MILLER. The bill should provide that the town itself shall be acting under its corporate authorities.
Mr. SHIRLEY, also took exceptions to the bill, and it was rejected--yeas 14; nays, 64.
CALUMET FEEDER DAM.
A message was received from the Senate, transmitting a concurrent resolution which had been adopted on the part of that branch of the General Assembly, directing the Attorney General to take such steps as he may see fit, to secure the removal of the dam in Calumet river, at Blue Island, Illinois, and authorizing the Governor to draw his warrant for defraying necessary expenses.
SERVICE OF EXECUTIONS.
Mr. SHIRLEY'S bill [H. R. 188] to amend section 433 of the practice act of June 18, 1852, (concerning service of executions,) was taken up on the third reading.
Mr. SHIRLEY. My amendment here is in regard to the duties of the Sheriff when he receives an execution. As the law now is, he has "a reasonable time" to proceed to the sale, and some say one time and some another is a reasonable time. I hold that thirty days is a reasonable time page: 325[View Page 325]for him to make service of the writ. A constable is required to make service and return in thirty days. Now, I make the Sheriff's time the same as the constable'sexcept in cases where the population ofthe county exceeds 20,000--in such cases I make it 50 days, unless he is otherwise directed by the judge or the plaintiff.
The bill was finally passed the House of Represntatives--yeas, 71; nays, 12.
GIRLS AND WOMEN REFORMATORY.
Mr. BAXTER'S bill [H. R. 210] to amend section 20 of the act of May 13, 1869, to establish a female prison or reformatory, for girls and women, (changing the age of admission from eighteen to sixteen years,) was taken up and finally passed the House of Representatives--yeas, 79; nays, 0.
Mr. BAXTER'S bill [H. R. 211] appropriating $50,000 for the Female Reformatory Prison Buildings, was taken up on the third reading.
Mr. B. said: Four years ago the Legislature decided that a Female Reformatory Institution should be erected near this city, and the estimated cost of it was, I think, about $125,000; and they appropriated $50,000 towards this object. With this money the building has been begun, and it is now standing in an unfinished condition. It was designed for a prison as well as a Reformitory. I visited the building myself, and went over their estimates for its completion with a great deal of care; for I considered that we have a great many appropriations to make, and I found that it would cost $70,000 to complete the building and enclose the grounds, and that, by dispensing with the fencing and grading, the very lowest estimate to complete the building would require an appropriation of $50.000. With this sum we can have a prison that will accomodate about three hundred prisoners, in a place where they may be reformed, cared for in the spirit which the constitution requires shall pervade our prison laws.
Mr. RUMSEY considered the importance of this bill in connection with the Governor's recommendation and reasoning thereon.
The bill was finally passed the House of Representatives--yeas 74, nays 4.
COSTS IN CHANGE OF VENUE--PRO TEM. JUDGE.
Mr. WILSON, of Ripley's bill [H. R.218] to amend section 208 of the practice act of June 18, 1852, was taken up on the third reading, making counties from which a change of venue is taken responsible for the costs, and allowing the judge to appoint an attorney to hear the case instead of calling another judge.
Mr. OFFUTT. I gather from the reading of the bill by the Clerk, that, instead of compelling the judge to call another judge to hold the term, he may call any reputable attorney. If that is the amendment, I think it a good one and that it ought to pass.
The bill was finally passed the House of Representatives--yeas, 61; nays, 13.
VOLUNTARY ASSOCIATIONS--WILLS.
On motion of Mr. KIMBALL, the bill [S. 3] to amend section 4 of the act concerning the organization and perpetuity of voluntary associations, and repealing the act of February 12, 1855, and repealing each act repealed by said act, and to authorize wills and devises to be made in compliance with the provisions of this act, was taken up on the third reading.
Mr. LENFESTY. This Senate bill has received a favorable report from the Committee on Corporations. It is to admit of pay to the officers of these institutions and to empower them to contract, to lend and borrow money, etc.
The bill was finally passed the House of Representatives--yeas, 65; nays, 9.
Mr. WILLARD asked and obtained leave of absence till Friday noon.
BANK TAX FOR MUNICIPALITIES.
The bill [S. --] to provide for the assessment (for municipal purposes) of taxes on shares on banks and the bank stock of all banks doing business in this State, was taken up.
Mr. COBB. This bill covers almost the same ground of a bill we have already passed, and it seems to me that we ought to have all our assessment and collection laws in one statute. There is another objection: In this it is provided that it shall take effect on the first of May; in the other it is provided that it shall take effect on the first of April. Let us try to get along with the act we have already passed.
Mr. GIVAN. I do not understand that the assessment act passed at this session comprehends the object intended by this bill. That assessment law provides for the assessments for State and county purposes. The assessments for municipal purposes are made necessarily under different laws from those for State and county purposes. Section 70 of the assessment act provides nothing for this purpose, and it might be construed so as to prevent the taxation of bank shares for page: 326[View Page 326]municipal purposes. It simply provides that nothing shall prevent such taxation; but it does not provide how these bank shares shall be assessed, whilst this bill provides the mode and manner of these assessments.
On motion of Mr. BRANHAM, it was referred to the Committee on Ways and Means.
DRAINAGE.
Mr. MARTIN'S Drainage bill [H. R 76] was taken up on the third reading, and pending its consideration--
The House adjourned.