Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-01-08
HOUSE OF REPRESENTATIVES,.

TUESDAY, Dec. 81, 1901.
Petitions were presented by the Speaker and Messrs
Porter and Spencer.
Mr. Gibson from the committee on the judiciary, TO
whom was referred House bill authorizing Masters in
Chancery and Probate Judges issue wrs Of habcas
corpus grant nluciions, &c. with tue amendments Of
the Senate thereto, reported The back and
mended that the House IN the amendments oil Tie
Senate.
One of the amendments also conferred the powers
the Clerks of Circuit Courts.
Mr. Behm hoped the House would not concur in the
amendment of the Senate which coniers these powers
the Clerks of the Circuit Courts. He therefore moved
a division of the question.
The House concurred in all the amendments Of th
Senate except the one comforting these powers on Clerks
of circuit
Mr. Holman said there was great necessity for the
immediate passage of this BILL the writ Of habeas
corpus virtually suspended in almost every county
in the State. In short time the evil complained OF by
gentlemen be remedied by the enactment OF another
law nc was opposed TO coEierring Judicial powers on
mere ministerial officer, yet in this instance he could
that any bad results can arise from It, In aet
he thought that Clerks Of circuit courts were more ap
propriats officers upon which TO confer these powers
than Masters in Chancery IN many counties OF the
State the latter officers are not known Masters IN
Chancery scarcely ever give bond and security Tor the
faithful performance of their duties He hoped there
iore the House would concur In tins amendment oil he
Senate.
Messrs. Hudson and Behm opposed the amendment Of
the Senate. They opposed to comforting judicial
powers on ministerial officers.
Mr. Spencer said he did not conceive this amendment
Of the Senate very important in ITSELF and whether
concurred in not far the legitimate consequence
of the amendment is concerned, II matter OF little
consequence, but ia view of the delay which must in
evitaby follow of refusing in the amendment,
and especially in this view of tue matter would he
commend a concurrence; no Inconvenience could poss-
bly follow and no argument lad been adduced by any
gentleman opposing the concurrence 1t is true sug-
gestion has been made that ought concur in
this amendment because the Clerks action in the
ter brought before him. would deienine the he
would receive for his services Very WELL If this
ohecton then Master in Chancery should be stricken
this principle woud have abolished the Office Of be JUS
tce Of the peace for years past.
Tis true, that in all compatible with the inter-
Of the public this principle should be aured, and
ia this bill would cut of Masters in Chancery. He
would prefer that the action OF all officers should be
without the temptation of fees, it practicable.
The amendment is by no means seriously oblectiona-
BILE. The clerks Of the circuit generally
telligent and capable men, and there exists an
emergency which demands immediate remedy, hope
the House will at
Tstayes and nays were demanded the agreement
the Senate amendment and resplted-ayos IL, nays
25-lo quorum voting.
A cali OF the House was ordered and GO msmbors
swercd to their
After were offered for the absence Of mem
/ beTs,
Mr. Humphreys moved that further proceedings under
the call he dispensed with, and the House adjourn until
two O'clock; which agreed to, and the
House adjourned.