AFTERNOON SESSION.
The Committee on Roads reported on the bill [H. R. 493] to legalize the incorporation of the County Line Turnpike Company, recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
ATTORNEY'S FEES.
Mr. Cummins' bill [H. R. 79]: Amendatory of an act concerning illegal attorney' fees (null and void), was read the third time and failed to pass-yeas, 33; nays, 38,
MARRIED WOMEN.
Mr. Kerr's bill [H. R. 219] concerning husband and wife (the wife may acquire property in any way, by her means or individual efforts, and it shall remain her own separate property as if unmarried), was read the third time.
Mr. KERR said this was prepared by the Revision Committee, and was recommended by them. It enlarges the rights of married women. It is a bill that is in every country eminently just and proper, and ought to commend itself to the members of this House.
The bill passed--yeas, 71;, nays 13.
REGULATING MARRIAGES.
Mr. Kenner's bill [H. R. 286] to amend Sections 3, 6 and 9 of an act declaratory of the law regulating marriages and enforcing the provisions thereof by proper penalties, approved March 5, 1852, was read the third time and passed--yeas, 75; nays, 5.
PUBLICATION OF LAWS.
Mr. Kerr's bill [H. R. 9] to provide for the prompt publication of the acts of the General Assembly, was read the third time and passed--yeas, 70; nays, 1.
LIABILITY OF STOCKHOLDERS.
Mr. Carter's bill [H. R. 432] to amend Section 2 of an act providing for the incorporation of Street Railway Companies approved June 4, 1861, was read the third time and passed--yeas, 64; nays, 12.
WILLS--DEAF AND DUMB.
Mr. Carter's bill [H. R. 433) prescribing who may make a will, revocations and contest thereof and perpetuation of the same, was read the third time. Mr. Carter said the only change in the present law is that it revises the manner in which deaf and dumb persons may make a will. Under the present law there is no provision by which they can make a will. They ougnt to have an opportunity with the rest of us.
The bill passed--yeas, 72; nays, 4.
RAILROAD RIGHT OF WAY.
Mr. Ryan's bill [H. R. 434) to amend Section 15 of an act for the incorporation of Railroad Companies, approved May 11, 1852, was read the third time.
He said those of us who have been in Courts and along lines of railroads, in the country, have observed the hardships landowners experience by railroads forcing the right of way through their farms without providing for a payment of the damages for their right of way. This bill amends the law of 1852 in such a manner as to require Railroad Companies, desiring to appropriate an individual's land for right of way, to give a bond conditioned to pay the damages that shall be awarded by the appraiser. As the law is now, a Railroad Company can force its right of way through a man's land, and the landowner has no remedy but to bring suit against the Company, and as a rule they are insolvent. This bill requires them, before they can enter upona man's land and take possession of it, to deposit a sufficient bond for security against damages in the Court of the County in which the land lies. It is in the interest of every landowner in the State, and there can be no objection.
The bill passed--yeas, 72; nays, 4.
ESTRAYS.
Mr. Gibson's bill [H. R. 208] concerning estrays and animals running at large [five days after estray animals are taken up it shall be advertised at three different places in the Township, etc.,] was read the third time.
Mr. GIBSON said this bill was prepared by the Certification Committee. It is simply a revision of the several act passed in reference to estrays and loss of stock running at large. It is condensed, and makes more clear the old laws upon this subject.
The bill passed--yeas, 71; nays, 4.
SEWERS IN STREETS.
Mr. Linsday's bill [H. R. 228] concerning streets and sewers [providing for the appointment of three Commissioners for that purpose] was read the third time.
Mr. NEFF, by unanimous consent, introduced the following amendment to the bill, which was adopted: "By striking out $4 per day [pay of Commissioners] and inserting in lieu thereof $3 per day."
The bill passed--yeas, 64; nays, 0.
GAMING--BETTING.
Mr. Kenner's bill [H. R. 233] concerning gaming contracts [money or valuables lost by bets or gaming can not be recovered or contract made, shall be invalid] was read the third time.
Mr. KENNER said this was very necessary. Where money is bet this law will reach it. When it is deposited, or after it is drawn, it gives a man's wife or children the privilege to recover such valuables. This bill will restrain betting on horse races and many other species of gaming which corrupts our society.
The bill passed--yeas, 70; nays, 0.
RAILROAD RATES.
A message from the Governor was read suggesting the appointment of a Railroad Commission, etc., accompanied with a letter from the Railroad Commissioners of theh State of Alabama.
The message, with the accompanying letter, was referred to a Select Committee of three.
OFFICERS' SALARIES.
Mr. Kenner's bill [H. R. 234] to amend Section 2 of an act concerning the general fund and the expenditure chargeable thereon, approved May 13, 1852, providing for the disposition of unexpended appropriations, was read the third time and passed--yeas, 72; nays, 0.
CRIMINAL AND CIVIL CODE ACTS.
Mr. WRIGHT moved that the Senate be requested to return the concurrent resolution offered on yesterday, relative to having 1,500 copies of the criminal and civil code printed. He said: Myself as well as other Members object to that resolution. It passed this House and there was scarcely a vote at all, for myself I want the resolution reconsidered.
Mr. COLE--I hope the resolution will not be reconsidered. It is necessary to have a certain number of these bills printed for distribution. I move to lay the motion to reconsider on the table.
The motion was rejected--yeas, 36; nays, 41.
page: 115[View Page 115]Mr. CAUTHORNE said: I do not think the meotion ought to prevail to return the resolution because the code should be published for information. The people should be advised as to the contents of the criminal and civil code. The Revised Statutes will not be printed until September or October, and that is the only way the information can be received in the several Counties before that time. The same course was pursued in 1852, and at that time they were bound as the Revised Statutes are bound.
Mr. BUSKIRK said: We all know the expense to this State to publish this matter will be enormous and when it is published it amounts to nothing unless we have the statute with it. It will be a double expense to publish this law now. We have already passed a bill requiring all these laws to be published within sixty days after the close of the session. I think this is all wrong. There can no good purpose be accomplished by it, Every citizen will find out what the law is, and some of them probably to their sorrow.
Mr. WRIGHT felt satisfied that when the members voted upon this resolution its character was not understood. He made this motion to reconsider for the purpose of giving the House an opportunity to understand what the cost of that little enterprise will be. He said he knew where the matter of responsibility rests; that if it was going to involve the cost of $4,000 or $5,000, he was not willing to shoulder the responsibility.
Mr. CAUTHORNE said, in regard to the expenditure: I am willing to bear my full share of the responsibility. I do not expect to shovel upon the Republican party any responsibility that I have contracted. I propose to stand upon my own record and take my share of it. I have here in the interest of economy, and the gentleman can not show me where I moved to print a single bill. The printing of this code will not cost more than perhaps $100.
Mr. KENNER said after the explanation of the gentleman from Knox (Mr. Cauthorne), he was in favor of the resolution, as the people demand information in regard to these new enhancements.
Mr. BAKER was opposed to this motion to recall this resolution, as it looked too much like boys' play to adopt a measure and then recall it. The people of the State want to become familiar with these laws, and it will cost but $200 or $300. He thought it wrong.
Mr. MOODY said the people of different Counties were anxious to have some information about these laws, and I am satisfied that there is not a single member of this House but what has paid out more money for postage, irrespective of politics, to send their constituents papers and information, that their taxes would be. This code, if published, would be sent home to lawyers and attorneys, where they will do the most good, where they will accommodate the most people of the County.
Mr. STEWART said as a matter of economy we should leave the resolution where it is. The House has consumed already enough time to pay for printing these codes. When I get my ten copies I will give them to my Republican and Democratic friends where they will do the most good. I do not think the cost of 1,500 of these copies will blow up either the Republican or Democratic party. I am tired of this child's play of doing one thing one day, and the next day undoing it.
Mr. WRIGHT withdrew the motion.
BRIDGE REPAIRS.
Mr. Linsday's bill [H. R. 339] for the erection and repair of bridges was read the third time and passed--yeas, 73; nays, 0.
Mr. Ryan's bill [H. R. 487] concerning the Supreme Court, was read the third time.
Mr. RYAN said: It is understood by the State at large that the Supreme Court is some 1,500 or 1,600 cases behind. This bill is for the purpose, of appointing a temporary commission to assist the Supreme Judges to catch up with the business. Their time is limited to two years. That is the sole purpose of the bill. It was prepared by the Revision Committee to meet a contingency. It is the desire of the people of the State that it shall become a law as soon as possible.
Mr. MITCHELL said: I would like to understand something more about this bill. It authorizes the Supreme Court to appoint five Commissioners, who shall hold their offices for two years. They are to receive the same compensation as the Judge. The question is: Will they have the authority to pass a single opinion upon a case that is sent up from the Court below? I understand that they are simply to cite the authorities, read over the briefs and bring it up before the Supreme Court for the concurrence or decision.
Mr. RYAN--Nearly every State in the Union has its Constitution in such shape as to limit the number of its Supreme Court Judges to a certain number, and that is the condition of Indiana. The purpose of this bill is to create a Commission, practically and with the same power and authority precisely as the Supreme Court Judges to perform every function except to publish the opinions with their names as Judges. They go into the Court, write, prepare and compare those opinions, determine the question of appeal just as though they were absolute Judges, and the opinion is published in the name of the Judges as required by a constitutional provision. Theoretically they are Commissioners, and practically they are Judges.
Mr. STEWART said there is a necessity for the passage of this bill. There is no prospect of the Judges catching up with the business on hand. The Court is behind, business is accumulating, and the people are demanding relief. This office only continues for two years; and the probability is that by that time the Court will be even and then the Legislature can repeal the act.
The bill failed to pass--yeas, 44; nays, 32--for the want of a constitutional majority.
The House then adjourned.
DEFERRED, MARCH 30--PAGE 107.
MR. FLOYD said: Mr. Speaker, I am surprised that the gentleman from Delaware should offer this amendment, the practical result of which would be to defeat the end sought to be obtained by the temperance people.
The gentleman from Delaware had too much practical good sense not to see the inevitable effect of his amendment. Should this proposed amendment prevail it would not only be more than has been asked by those having the temperance work in hand, but it would ultimately defeat prohibition movement. There are two methods of defeating a measure. One is to oppose it fairly and squarely, and the other is to advocate it too much.
It is not an unusual method in parliamentary tactics for the opponents of a measure to seek to defeat it by pressing it beyond the point of practicability. I do not say that the gentleman from Delaware seeks to do so in this case, but I do affirm that the adoption of his amendment would have that effect. Mr. Huston's resolution contemplates just what the temperance people pray for in their petitions, and I am in favor of giving them what they ask. Gentlemen, let us not break this resolution down with riders, but let us meet the issue fairly. It is an important issue, and I am in favor of meeting it. I hope the amendment will not prevail.
