The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-02

..,.r ura sal, register Al sceouns - tse sane r-.d
81 the sasitor, Treasurer All sesstsy q st.te az
the proper ofceft nos ssfho-irsc 81 le~ 70 - o1s
sks!i lssus N. Cotnroo school Fund Eer noa-ns-
so.sis bosd psysb,s az he piessufs 81 me s,se. -
srasuat eqssife he sEgregsss ~ Al tse noaas 49,
ssrssi a the rate o. sx per cent per snouu. payable
mi- annually o. the fosrih hen3ay % April aad Ion
e.. e O. 90, Z ':s Sex s. ip f 81 ss e
parpos.. setting forth the date and amount o. US
ams's
was also laid on the table. BY yeas =, nays
I a follows:
y,..-re..rs Barker B.nness. Bonbsm Bowman.
Row 81 wells, CoSb Corbln. Cullen. Culver, Dong
Jatsass N.rshall, McclarT. Mason, Moore. sevia,
I o,lsr Richmond, Stages and Mr. Presdeni-Z.
$500 es.sn essp@sp ps~s. Dyke. Hyatt. Mil
gan. Miles, Soyes Reagan. Terry. IhonPson an bss-
Kirk vswtsr ward, Williams. Woods AMI hrighi-L2
The third committee amendment was read.
a. follows:
Amend the title az follows Strike o7t the word
sbosrds IN fhe fourth line al acludug the ord "and
ON motion Of Mr.. COBB. this amendment
was laid on the table by yeas *. nays -.
The fourth and last committee amendment
was read, follows:
Strike out the word "sad" ia the eleventh line, and
insert the words ''the common school"
On motion Of Mr.. BROWN. Of Wells. this
amendment was also laid on the table by yeas
/ -. nays u.
Mr.. WILLIAMS. The first section Of this
/ bill is very lane-it jeopardizes this fund. He
I did not distrast the capacity or honesty Of the
Commissioners but he objected 10 that provision
which empowers them 10 lend this fund in ac-
I cOrdanee with laws heretofore passed by
passing this bill you repeal all laws heretofore
passed coming in conflict herewith. then what
law is there governing the loaning Of this
money!
Mr. COBB. The law Of 1859. In his judg-
ment the provision for the loaning Of this fund
j. not in conflict with that law. But If this
bill does repeal that Act, il i a fair deduction
Of law that IL reyiyes the old law.
Mr.. ALLISON. Our own supreme Court
have decided that no act Of the Legislature
shall be revived by subsequent enactment,
unless IL il 20 expressly stated.
Mr.. WILLIAMS was sorry 10 see senator,
running against the Constitution, which says
'sNo act shall be revised amended by mere
reference 20 it, title" and this bill does not 20
even that far. "but the act revised or section
amended. shall be set forth and published at
futile Myth"
Mr. COBB made an Intellectual demand for
the previous question affirmative 81. negative
y.
Mr.. BRADLEY moved to strike out that
portion Of the bill which gives authority to
the Sinking Fund Commissioners to loan the
money.
Mr.. CULLEN raised the point OF order that
similar proposition having been voted down
by the senate, this amendment j. not in order.
Messrs. BRADLEY and NAWTER contend
eel that the point Of order was not well founded
The PRESIDENT pro tom. was inclined e
think the amendment in order, and 30 decided
Mr.. BEEsON was forcibly struck with the
propricty Of this amendment. and believed {
sense Of duty a. a representative of portion o.
the State, required that his voice should b,
heard in opposition to the loose manner IN
which that bill, a. II now stands,i placing thu
most sacred fund that belong 20 future gene
rations. He believed the intention OF thi
people Of the state and Of members Of thi,
legislature was that these sinking Fund Com
missiOners should invest the means belonging
to the various funds Of the State i'm their hand
i'm the outstanding indebtness Of the State anC
bring il home. tie found the ablest Attorney
on this floor disputing n TO the restrictions OF
powers conferred by this bill; and proceeded &
make a lengthy argument earnestly urging the
adoption Of the amendment.
Mr.. WRIGHT could not consent TO vote fol
this bill unless some restrictions are thrown
around il.
Dir. VAN BUSKIRK thought all doubt
should enure TO the benefit Of this fund: and
IN order that this matter may be inquired into
he moved the reference OF the bill To the Com
miitee on the Judiciary.
Mr.. mcclure favored the motion to refer
not as an opponent Of the bill, but wishing fo
a fair investigation Of the question n to VIVA
effect this act would have upon the law Of 1859
and as to the weight of other points which
have beeen raised during the discussion.
Mr.. OYLER resisted the motion TO recommi
because Of the necessary delay, not To this bill
only but TO other matters of legislation: an,
because he believed all the light that oaI
be thrown on this matter II now before tn
Senate. lie moved to lay the motion on tn
table.
This latter motion was rejected by yeas u
nays -.
The question recurring tine motion 20 re
commit
Mr.. COBB could see no good to result from
recommitment Of the bill. He was willing t.
risk this fund where the bill places it, and be
leyed the effect of referring il 10 the .Judciar,
Committee would be to jeopardize Its passage
and that the object of the motion was to defea
the bill.
Mr.. VAN BUsKIRk disclaimed that. On
the contrary, he desired the bill should pass
with proper restrictions.
Mr.. COBB. These Commissioners have beer
blamed for retaining so large n sum of money
contrary To the provisions of law; but they
did so upon the advice of Governor Morton
and other friends OF the fund. And he under
stood there was an arrangement already mace
BY which they can invest this money I'm bonds
at n benefit 10 the fund Of about 100000. IL
case this bill passes lie argued at length the
merits of the bill.
Mr.CASON disclaimcd the statement that tn,
object of reference was 10 kill the bill-it'
oldest and warmest friends are now desiring
the reference. He hoped the motion woul,
prevail. and that the Judiciary Committee may
bring i'm q report deciding the question b,
1 what law this fund is 10 be loaned. \ CONVEX
sati0nal debate across the chamber brought
out the concession from Senators, both op
posed and in favor of the bill, that gentlemen
in the House of Representatives who drove the
bill through that body last session were nov
anxious to see it "squelched,'
The motion to recOmmit was agreed To. by
yeas 20. nays -.
LEAVES or ABSENCE
Were granted TO Mr.. Chapman till Tuesday
Mr.. Wood till Wednesday, MessrS. Bonhan
and Finch during next week. and Mr.. Gen In
definitely. -,
And then the senate took recess Till
o'clock.