Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-16
Ohio Legislature.
Wednesday, April Is, 1865.
SENATE


The PRESIDENT called the Senate to
order at ten o'clock.
Prayer by Rev. I'll. M. Robertson.
ExPUNGED. TLOfT Il
On motion of Mr.. REX, so much of the
Senate journal of yesterday as relates to |
the passage of Senate bill to amend and |
supplementary to an act to provide for the
appointment of Commissioner OF Rail |
roads and Telegraphs, was expunged |
therefrom, as the bill was inadvertently
taken up and passed, while motion was |
pending to refer it to committee.
SUPERINTENDENT OF THE STATE HOUSE.
The PRESIDENT laid before the Senate
a communication from the Governor, NOM
mating John III. Grove, of Fairfield county,
Superintendent of the State House, for
three years, to date from April a. 1868.
On motion of Mr.. POTTS, the communi-
cation was referred to the committee on
State Buildings.
THIRD READING.
Senate bill by Mr.. BROOKS-To amend
certain sections of the ''act to define the
powers and prescribe the duties Of the
board OF commissioners of the sinking
fund.-" passed April II, 1858, was read the
third time, and passed-.yeas 90, nays 2.
This bill abolishes the State agency in
New York city for the transfer of certit-
Gates OF the public debt, and dispenses with
the trip of the Fund Commissioners to
New York city every six months to pay
the interest on the public debt, saving, as
stated by the author of the bill, from
$4,000 to $1,000 annually to the State.
House bill by Mr.. HUGHES, of Butler
Supplementary TO san act to provide 1ol
the creation and regulation OF incorporated
companies in the State OF Ohio" passe,
May l, 1852, was read the third time ano
passed-yeas "a, nays none.
| - This hill rpOnireS the directors of turn.
pike and plankroad companies to declare
dividend On the second Monday of Janua-
ry annually, unless directed otherwise by
all the stockholders. 1t also imposes addi-
tional restrictions on gate-keepers of such
roads as to the mode of keeping their ac-
counts, and making report of the same.
Senate bill by Mr.. BERRY-To amend
sections one, two and six, of an act entitled
IAN act to exempt the homestead of families
from forced sale on execution to pay debts"
passed March %, 1850, was read the third
time, when s.---rgcr
| bill to select committee of one with in
structions to amend, so as to exempt to a
family not owning homestead, an amount
of personal property equal in value to the
amount of real property-$l, l,0O0-exempt-
ed by the BILL -s-
Mr.. STAMBAUGH spoke in favor of the
reference, while declaring his opposition
to the bill.
Mr.. LAWRENCE argued against the bill
as an injury to the class it processes to ben
eft, and as tending to destroy the credit OF
! the honest and industrious poor.
Mr.. DANGLER was in favor of the bill
and of the proposed amendment
Mr.. EVERETT opposed the amend
ment because it exempted $1,000 worth OF
bill, homestead worth $1,000 was exempt
ed only during the life of the owner. He
made other objections to the amendment,
and argued in favor of the bill.
Mr.. HALL was opposed to the bill as
destructive of credit. He was not in favor
of any extension OF the homestead eXemp-
ton now existing.
Mr.. POTTS hoped the motion to refer
would not be agreed to, and the bill
would be passed without the proposed
amendment. He was in favor of extend
ing the homestead exemption from $500 to
LOCO as proposed by the bill, owing to the
increased value of real property since the
homestead exemption law was enacted.
Mr.. DOWDNEY thought the amend
ment proposed but just and equitable, if
the bill was to become law. But he was
opposed to exemptions generally, and to
this bill because it would enable persons so
disposed to take advantage of the eXemp-
tion and defraud creditors. Its tendency
was to iDjure credit, and not to benefit the
poor. Property was the basis OF credit,
and every inducement should be held out
to the people to acquire it. But exemp-
tion laws had a contrary effect. Though
Mr.. d. regarded the proposed amendment
to the bill as just and proper, he should not
vote for it, as he was opposed to the bill and
to exemptions in general.
Mr.. LAWRENCE deprecated the
charges that had been made in reference to
'heartless and relentless creditors" as uD-
just to the business men of the country
He argued against the proposed eXemp-
tions as taking away the motives to indus
try and economy. The true theory of credit
is, that it is founded upon health, charac-
ter and property. The effect of the bill
was to say to the poor man-"You shall
not have dollar of credit" and again to
say in another section-"You need not pay
a dollar of Indebtedness"
Mr.. YEOMAN was opposed to the pas
sage of the bill, because he regarded it as
| direct stab at the credit of the poor
man. Its tendency was to induce young
men as soon as they get root over their
heads, to spend their earnings in disSipa-
tiOn, and rely upon the homestead exemp-
tion to defraud their creditors. He should
vote against the bill, because he believed
it Injurious to the class of men it was de-
signed to benefit.
Mr.. .STAMBAUGH moved that the bill
and motion to refer be postponed until the
second Wednesday in January next, pend
ing which,
On motion of Mr.. BERRY, the Senate, at
halt-past twelve o'clock, took recess till
three P. M.
AFTERNOON SESSION.
The PRESIDENT called the Senate to
order at three o'clock.
HOMESTEAD EXEMPTION.
The question pending when the Senate
took a recess, being on Mr.. Stambaugh's
motion to postpone the bill increasing the
the homestead exemption to $1,000 in value,
and the motion to refer the bill to select
committee of one, until the second We'd
nesday in January next,
Mr.. BERRY said it was the peculiar
province of legislators to protect the weak
against the strong, the poor against the
rich, and minorities against maj jorities. He
urged the propriety of increasing the value
of the homestead exemption 0s proposed
by the bill, from the fact that when the
present homestead exemption law was
passed in 1850, the exemption of $500
was greater than $1,000 would be now.
He called attention to that part of the
existing law, which exempts, when al
homestead cannot be divided, that por-
tion of it worth an annual rent of $40,
which the bill increases to 500. Mr.. B.
proceeded to answer the objections that had
been made to the bill, and contended that
if those objections were well founded, the
homestead law ought to be expunged from
the statute book. 10
Mr.. STAMBAUGH had one sweeping
objection to this sort of legislation-that it
impeaches the honor and honesty of the
laboring poor. Another evil was that this
increased homestead exemption would
have the effect of diminishing the desire
and exertions of many for the acquisition
of property. These large exemptions were
injurious to the happiness, the wealth and
prosperity of the country.
The vote was then taken upon the mo-
tion to postpone, and resulted:
YEAs-Messrs. Biggs, Brooks, Campbell,
CoDant, Corey, Dowdney, Emmitt, Evans,
Godfrey, Griswold, Hall, Jamison. Kessler,
Kramer IaWrence StamhauUh. Torrance