AFTERNOON SESSION.
OFFICES AND OFFICERS.
Mr. VAN VORHIS offered a resolution to refer the bill [S. 325] concerning officers and offices, except the portions already referred to the Committee of Fees and Salaries, to the Finance, Judiciary and Fee and Salary Committees.
Under the operation of the previous question, resolution was rejected by yeas, 10; nays, 32.
The Senate resumed the consideration of the bill [S. 325] at Section 155, the question being on the amendments pending at the adjournment on yesterday.
They were severally rejected.
Mr. Van Vorhis made an ineffectual motion to insert the word "greatest" before the words "general circulation," referring to the papers in which the monthly statement of the Treasury shall be printed.
Mr. URMSTON moved to amend Section 160, so that the State Treasurer shall notify County Treasurers ten days previous to the time they are required to pay over moneys.
The amendment was agreed to.
Mr. BROWN moved to refer to the Judiciary Committee Sections 168 to 180 inclusive--the sections that provide the power and duties of the Attorney General--which should be looked into inquired about by a Committee.
The motion was agreed to.
Mr. KRAMER moved to strike from Section 198 the clause requiring the binding of newspapers regularly sent to the State Library.
Mr. BELL and Mr. FOSTER opposed this motion. The State does little enough to preserve her current history. A better history of the passing events of a general nature can not be found than that printed in the newspapers of the day.
The motion was rejected.
Mr. CHAPMAN moved to strike out Section 201, the clause authorizing the preservation of fifteen copies of the local laws.
Mr. BELL--There are only a few local laws--there is not much expense attending this requirement. They are important enough to claim the attention of the General Assembly, and they should be preserved.
The motion was rejected.
Mr. CHAPMAN moved to amend Section 219 by requiring County Commissioners to give a $5,000 bond.
Mr. RAHM did not see why County Commissioners should not be required to give bond. If compelled to give bond these officials will be more careful before they vote appropriations or enter into contracts contrary to law. The way it is now they give no bond, and sometimes vote away the people's money without the considertion they might otherwise give were they made pecuniarily responsible for their action.
The amendment was adopted.
Mr. GRAHAM moved to strike out Section 247; "No Court shall have original jurisdiction of any any claim against any County in this State in any manner except as provided for in this act." He desired citizens should have a right to sue a County in the first instance.
Mr. OWEN believed this Section ought to remain in the bill, for the reason that persons having a claim against a County should not be permitted to sue on it until the claim has been presented to the representatives of the people of the County, who can then have a chance to allow the claim if they consider it just and owing.
Mr. GRUBBS favored striking out this section. There are a class of cases where parties ought not to be required first to present their claims to County Commissioners. Take for examples cases for injury on public highways or bridges, where it requires a complaint setting out all the facts, or where action lies for damages against a County, and there are joint creditors. There are a large class of claims the Commissioners would not allow, and it is useless to compel such cases to be first brought before the Board of County Commissioners.
Mr. URMSTON opposed the motion. There are some cases, perhaps, where it is a hardship to be compelled to try them first before the Board of Commissioners, but such cases might be excepted by an amendment to this section. To strike this section all out, and require that every person having a claim of a dollar or so shall go first into the Circuit Court would not be advisable.
Mr. GRAHAM--When it comes to determining rights of property and assessing damages, Justices of the Peace are a Court supreme to Boards of Commissioners. The Board of Commissioners can be sued and they can sue like other corporations, and why should they have the right to pass on all claims of citizens? They don't act on their own judgement; as a general thing they have no individual judgment; they usually rely on a County Attorney for their opinions. He would not give these gentlemen the right to pass on the claims of citizens.
On motion by Mr. URMSTON, Section 247 was amended by inserting after the word "claim" the words "arising out of contract."
Mr. HENRY moved to add to Section 247 a provision for an appeal from a decision of the County Board without filing a bond.
Mr. MENZIES opposed this amendment.
Mr. BROWN could see no reason that would influence him to support the amendment--no reason why the County should be placed at a disadvantage no citizen is placed.
Mr. WOOD desired to see Counties on the same plane with individuals before the Courts.
Mr. BELL gave reasons why this amendment should prevail.
The amendment was rejected by--yeas, 8; nays, 28.
Mr. WOOD offered an amendment to do away with the evil where Board of Commissioners will only hear a case at their own sweet will. It is in their power to stave off a trial year after year.
Mr. VIEHE offered a substitute embracing the amendment which was accepted by Mr. W., who withdrew his.
The amendment [Mr. Viehe's] was adopted.
Mr. KRAMER moved to strike out Section 251 allowing County Commissioners to employ counsel.
Mr. GRAHAM favored this motion--the seotion would be productive of great evil and would be an expensive luxury.
page: 68[View Page 68]Mr. FOSTER resisted the motion. The County Attorney is a very important office, and every County has need of the advice of a good attorney.
Mr. KRAMER insisted it is wholly unnecessary to create this new office of County Attorney.
Then came a recess till 7:30 o'clock p. m.
