Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-02-26
HOUSE OF REPRESENTATIVES.


1aUsRDAY, Feb. 10, 1852.
The House met
Resolutions Introduced.
BY Mr.. Sumner, instructing the committee way,
to enumerate all items in his annual report upon which
money is paid out of the State Treasury adopted.
Bills introduced.
By Mr.. Smith OF M, bill to correct an error in q
law passed January 13, 1851 amendatory of act
cooperating the Brownsburg and Indianapolis Turnpike
Company. Read the first time
By Mr.. Carpenter bill provide for the inspection
of tobacco. Read the first time.
Orders of the Day.
A number of bills read the second time and ap-
proprately disposed of among others the general
bill for the relocation OF county seats.
Mr. Dice moved to strike out section seven which al.
lows damages accrung in consequence of the removal
Of county seats to Of property in the town
from which the Of justice is removed and insert
its stead section providing for the levyng of county
tax to pay the expenses of removal and ALSO for the
purchase OF grounds and the erection of necessary pub
lie buildings thereon. Carried-ayes 42 noes Al.
Mr. Sumner moved to lay the bill the table. Car
ried-ayes 43. noes 81.
Bills on their Third Reading.
bill to provide for the election of State and county
officers and to repeal all acts inconsistent with the same
Passed-ayes so, noes 2.
bill to authorize suits against the State
Mr. Dobson moved to lay the bill the table. Lost
ayes %, noes SO.
Mr. Holman contended that this bill was to authorize
individuals the State upon claims acted dur
ing the system OF internal improvements into which the
State entered in 1885, He thought the Constitution re.
stcIed suits be brought against the State those
liabilities only that will be incurred after the adoption
the Constitution.
Mr. Mcdonald thought the Constitution only prevent
ed the passage of special laws for bringing suits
the State upon liabilities incurred but he thought the
Constitution did not prevent the passage of general
law allowing individuals to sue the State.
Mr.. Gibson concurred in the remarks of Mr.. McDon-
aid.
Mr. Beach thought the law was not only constitution.
all but there good policy in its passage. BY the
passage Of this law the Legislature would get rid OF
spending their time in examining claims, which properly
belongs To the Courts.
Mr.. Brady thought the intention of the Constitution
was to cut off the old system Of suing the State.
Mr.. Stuart said he concurred with Mr. Holman to
the unconstituiionaly this bill He was also opposed
to it on the ground of expediency He thought if the
House pass this BILL the members should prepare them
selves for the creation of the office Attorney Gen.
era or to appropriate yearly So 900 Sc 600 to
pay attorneys fees. He nstanced several cases where
the Governor had paid attorneys S400 for defending the
State against suits brought against her.
Mr.. Stover agreed with Messrs Holman and Stuart
Mr.. Gookins thought there doubt abou. the
constitutionalty OF general law to allow persons to
the State. As to the expedency Of the law he had
doubts. That there m0ritorions cases he had
no doubt, but at the time there numerous
fraudulent claims, which would undoubtedly flch large
sums OF money from the treasury, if general law is
passed.
Mr.. Holman moved to recommit the bill with instruc.
tions to add the following section:
See. The provisions of this shall not apply
claims originating prior the adoption of the present
Constitution.
Mr.. Baskrk moved to amend after the word s some %
in line six in the second page add or for
OF any other claim, injury, o, damages whatsoever"
Mr. Gookins thought il this last amendment adop-
ted the State might prepare herself repudae her
debedness for the bondholders could in and sue
upon them.
Mr. Buskrk said that If after he got in another amend
mcnt, which he intended offer he would have no OBJ
lection to the bondholders suing the State.
lengthy debate, between Messrs. Holman, Gibson,
and Stuart, ensued the consttutionaliy Of the BILL
Mr. Slower moved TO indefinitely postpone the bill
Mr. Benin moved to lay the motion the table, lost
ayes 90 62.
Mr.. Dobson moved to lay the bill and amendments on
the table; lost-ayes IA, noes &C.
The bill was then indefinitely postponed-ayes Sc,
noes "a.
House adjourned.