INTERESTS ON JUDGMENTS.
Mr. Brown called up the special order for this hour, being the bill [H. R. 27] concerning interests on judgments (shall bear the same rates as expressed in the contract) the question being on Mr. Steele's amendment providing that no greater rate of interest than six per cent shall be allowed on any judgment decreed by any Court in the State.
On motion by Mr. Sleeth, this amendment was laid on the table by yeas, 27; nays, 15.
The amendment [Mr. Gooding's] that the provisions of this act shall not apply to contracts heretofore made, being now read -
Mr. Carnahan moved to indefinitely postpone the bill and pending amendments.
Mr. Slater demanded a division of the question.
Mr. Gooding, being favorable to the bill, for fear the amendment would endanger its passage, asked, but failed to obtain, unanimous consent to withdraw his amendment.
The question being taken, first on indefinitely postponing the amendment, it was not so ordered, by - yeas, 14; nays, 27.
Mr. Carnahan explaining his affirmative vote, believed the amendment unnecessary, as the bill would not affect contracts heretofore made.
Mr. Gooding, explaining his negative vote, desired this amendment, so that the question may be placed beyond cavil.
Mr. Thompson voted "no," holding the Senator from Vanderburg (Mr. Gooding) responsible.
After debate by Messrs. Harney, Brown, Carnahan, Friedley of Lawrence, Orr, Sleeth, Williams, Boone and Dwiggins; which will appear in the Brevier Legislative Reports -
Mr. Gooding demanded the previous question.
The Senate seconded the demand for the previous question.
The question recurring on the indefinite postponement of the bill, it was not so ordered, by - yeas, 14; nays, 29.
Mr. Boone moved, as a substitute for the amendment, (Mr, Gooding's) a clause to this effect: "Provided this act should apply only to contracts executed after this act.'
Mr. Brown thought the substitute out of order, a similar one having been already voted down this morning.
Mr. O'Brien insisted if this amendment was right as to future contracts, it is right to those past.
On motion of Mr. Brown, the substitute was laid on the table, byyeas, 25; nays, 15as follows:
YEAS - Messrs. Armstrong, Beardsley, Beeson, Bowman, Brown, Chapman, Collett, Daggy, Dwiggins, Fuller, Friedley of Scott, Friedley of Lawrence, Glessner, Gooding, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Sleeth, Thompson. - 26.
NAYS - Messrs. Boone, Bunyan, Carnahan, Cave, Daugherty, Francisco, Gregg, Hall, Harney, Ringo, Sarnighausen, Scott, Slater, Stroud, Taylor, Williams. - 16.
Mr. O'Brien moved to lay the amendment on the table.
This motion was rejected by yeas 6, nays 34.
Mr. Brown demanded the previous question, and there being a second by the Senate, the main question was ordered, and the amendment [Mr. Gooding's] was agreed to without a division.
The bill [H. R. 27] concerning interest on judgment - shall bear interest at the rate expressed in the contract, except where no rate is expressed, or a higher rate than ten per cent, in which case page: 77[View Page 77] but six per cent shall be decreed - was read the third time.
The bill passed by yeas 28, nays 15.The Senate took a recess till two o'clock P. M.
