The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-22

cred a. an opponen, OF toe bill. he moved he
reference 70 TIE Committee on Corporations.
The motion vss agreed 10.
The WITS OF HABEAs cosrus
On motion Of Mr.. NILES. the House amend
menis TO the bill 5. No. l96 (printed 10 full in
these Rspvts on the 18th list we're taken
up.
Mr. BENNETT understood that this bill was
gotten Up and hurried through here 10 interfere
.ifh = case now pending before the Supreme
Judges, and be wac opposed 70 any such kind
OF legislation. lie vas in favor Of the bill, bit
opposed 10 the emergency clause amendment Of
The House
Mr. NILES, a. far a. the history OF the bill
is concerned. vas not Informed. except that the
Judges are solictoUs that il should pass He was
satisfied Il vas not instgated by any party con-
cerned in any case before the Supreme Judges
Mr.. 0YLER. The bill will be Of little or no
avail, so far a. the present session Of the Su-
preme Court i concerned, unless the emergency
clause il attached 10 il. There - q case nov
before the Supreme Court IN which come 20
witnesses are summoned who are unable to pay
their expenses. and il IL a burden grevous 70 be
borne-one which should not be allowed by the
Legislature
Mr.. CULLEN was somewhatacquaiDted with
the case referred TO. Judge Elliou bad not yet
entered upon the trial; the State OF Indiana %
not ready and will not be ready; 80 the emer-
gency clause will do DO harm in this case.
Mr.. MCCLURE would not DO injustice to a
party litigant. but IL does seem from the light
thrown upon the question that the bill certainly
ought to pass. The case referred 20 would oc-
cupy the time Of the Supreme Court too long.
Mr VAWrER (interposing) / am inform
ed by one Of the leading parties to the suit that
they will not have many Witnesses.
Mr.. MCCLURE. But the business OF that
Court has been much benindhand. and il would
be doing gross injustice to parties all over
the State 10 claim the attention and the time Of
the Supreme Court in trying this case. He
hoped the bill would pass as il came from the
House.
Mr. ALLISON was satisfied that this bill had
been introduced for the purpose Of depriving the
Supreme Court of jurisdiction over this case
he happened 10 know that the defendant was
now in jail, having already applied TO the Com
moa Pleas Judge of that district, who very
coolly answered that be had no jurisdiction in
the case. The defendant did not see 81 to take
bis case before the Judge at home for some
cause -rr5bably for fear the Judge preju-
diced-sud be then had no remedy but to come
to the Supreme Court Without casting any
tchcCttou upOu hut BeutituaH bttts n
thought this bill was introduced for the purpose
Of sending this party back and compelling him
10 lay in jail until the next term OF that District
Court
Nr. NILES (inierposng) was confident that
the bill was drawn up By one Of the Judges Of
the Supreme Court, and introduced at their in
stance and request
Mr. ALLISON. That may be true-the Su
preme Couit may be glad to get rid OF this labor
d. - a.
IL il be true that the State will not be ready, and
the case an not be tried, il does away with the
necessity for the emergency clause, because this
IL the only case OF any importance requiring
time. Aud i feel authorized to saw that
gentlemen are mis;niormed in regard TO the
number of witnesses-there will only be few
witnesses examined and | cannot conceive that
II will take up more than one or two days. But
do not believe that the time OF the Judges is
so valuable that the liberty of a citizen shall be
put in jeopardy for the want of trial. The
Witnesses are here already and the case can be
tried at once IL this bill is passed they will
have to go home and be dragged off to some
other court, which will cost them more time and
money.
Mr.. COBB had a resolution drawn up which
he intended to offer. when we came 20 that or
der of business, requesting the House of Repre-
sentatiyes to return this bill 10 order that the
Senate might make some amendments to it,
Upon reflection be satisfied the Senate passed
that bill too hasty.
Dir. NILES Qnterposing) was confident the
original bill was in the handwriting of Judge
Frazier. and that it contained an emergency
clause
Mr.. COBB should certainly oppose the pas
sage OF the bill With an emergency clause, for
the reasons urged by the Senator from Jeffer-
son Mr. AIIisonl. He did not believe it duty
to relieve the Judges to the injury of litgating
parties. We had better leave the burden upon
the Supreme Court until the case pending
before them shall be disposed of.
Mr.. C0RBlN bel eyed ii wrong to sbridge the
right of habeas corpus. The very reason given
for the passage OF the bill, With the emergency
clause. that parties are here with witnesses
and attorneys-is one of the strongest reasons
against passing il az all. These paIties come up
here because they believe they could not have a
fair hearing before other courts having concur
rent jurisdiction with the Supreme Court. There
may be great Inconvenience felt by the Judges
in being compelled to cit upon such cases, but
how much greater inconvenience is felt by that
individual who is compelled TO lag in Jail be-
cause there are no courts open 10 hear his case.
Parties never apply to Judges of the Supreme
Court for a writ it they get It done properly,
in their judgment, at home. And whyl For
the simplest reason in the world: 1t will cost
them one hundred dollars more.
Mr.. CASON. ! am informed that this case
is continued until tomorrow. the pro5a-
bility is there will be an order issued 10 take
dispositions, and that the Judge is willing to hear
the case. i would make this proposition to
Senators: that we postpone the further consid-
Grafton of the amendments OF the House of Rep
resentativcs until o'clock Tuesday, and make
il the special order for that hour.
In was aeread 70 by common consent
aETTYsBURs CEMETERY.
During the discussion Just reported the fol-
lowing message was received from the Acting
Governor. by the hand OF Charles p Jacobs,
Esq, his Private Secretary:
To the Senate and
House Of RsDresentatires;
herewith respectfully transmit to the Gen
eral Assembly the report OF Colonel James
Blake Commissioner of the Soldiers National
Cemetery, at Gettysburg, Pennsylvania, ap-
pointed as such by the Governor OF the State,
together with the printed documents referred TO
in the report. and marked A. b. G. and ID re-
spectively, and commend the same to your
careful consideration. / also transmit herewith
Q printed pamphlet entitled Soldiers National
Cemetery, at Gettysburg. Pennsylvania" giving
the correspondence in relation to the enterprise.
WHICH fccultcl III TIC iilCOfpOftbOu cctaO
lshmeut OF this Cemetery. From the docu-
ments submitted. il will be seen that the amount
originally assessed as the quota Of Indiana in
defraying the expenses OF the undertaking was
81 625 80. in part payment OF which the sum of
81 .l56 was, on the lst day of June, 1864, re
mitted by the Governor 20 the Treasurer of the
Association. leaving a balance Of - .469 80
still due from this state. for which last named
sum acquisitions have long since been made but
have not been honored for want of the neces-
sary appropriations to meet the acquisitions.
Gettysburg - the only battlefield OF the late
war 10 the North. and the remains of some
eighty of the heroic soldiers Of Indiana have
been carefully inferred in the National Gene
terry. which has been established on the ground
where they fell in the defense of the coun-
try. | respectfully recommend that immediate
provision be made for the payment OF
the balance of the assessment originally made
as the quota OF this State. amounting, a. before
stated. to the sun Of - 400 50. Ii sill be
seen bv Colonel Riake's report that owing TO