Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-14
Ohio Legislature.
Wednesday, May 13, 1868.
CDN TIE
'ORNING SESSION.

The PRESIDENT called the Senate to
order at ten o'clock.
SECOND READING.
The following bills were read the second
time:
House bill by Mr.. BORDEN-To enable
the wife of an insane man to dispose Of
property held in her own right, without
the Intervention OF court. Referred t.
the Judiciary committee.
House bill by Mr.. WOLF-To amend
section two of an act entitled an act to
amend sections one and two of an act enti.
tied an act for the protection of certain
birds and game, passed April Sd, 1857
lect committee of one-Mr. Terrence.
House bill by Mr.. HORD-To authorize
the council of the Incorporated village OF
} Marion to issue bonds and borrow money
to improve the streets Of said village. Re
ferred to the committee on Municipal Cor
porations.
House bill by Mr.. HUGHES, of High
land-To repeal an act supplementary to
an act relating to roads and highways, the
supplementary act to be repealed, passe
| April 8, 1867. Referred to the committee
on Roads and Highways.
i House bill by MIR. .ROSS-Supplement
to the act entitled an act to authorize the
Board of Public Works to grant the right
of way to the Friend Street (COlumbus)
Railroad Company, passed May 9, 1865
Referred to the committee on Public Works.
Mr.. SCRIBNER'S Senate bill to amend
section 1886 of the code of civil procedure.
Referred to the Judiciary committee.
i Mr.. YEOMAN'S Senate bill to authorize
the commissioners of Fayette county to
levy additional taxes for general county
purposes. Referred to a select committee
of one-Mr. Yeoman.
Mr.. .HUTCHESON'SS Senate bill to amend
section seven OF the act for the incorpora-
tion of the Portsmouth & Columbus Turn
pike Company. Referred to the judiciary
committee.
BILLS INTRODUCED.
The following bills were introduced and
read the first time:
By Mr.. KESSLER-For the prevention
of gaming, providing that if any person
shall keep any gaming table or device to
use for the gain of money or other property
OF value, he shall, upon conviction, be i'm
prisoned in the county Jail not exceeding
six months, and be fined not less than $50
nor more than 500.
By Mr.. BIGGS-Supplementa to the
act regulating the mode of administering
assignments trust for the benefit of cred
itors, passed April Is, 1859.
SUPREME COURT BILL PASSED.
Mr.SCRIBNER, from the Judiciary COM
mittee, reported back, with amendments,
Mr.. Rex's Senate Bill to amend original
sections and of the act relating to the
organization of courts of Justice and their
powers and duties, passed February 10,
1852, Is. & G, 377.) and recommended its
passage when so amended.
Mr.. EVERETT presented the following
minority report on behalf of himself and
Mr.. Conant:
"The bill under consideration proposes to
take away from the Supreme Court all dis
cretion in arranging the order of its busi-
ness. If it should become a law, no case,
excepting such as involve a. crime punish
able by Imprisonment in the penitentiary,
or procuring a mandamus, habeas corpus,
procedendo and quo warranto, can be taken
up or decided, until all preceding cases on
the docket shall be disposed of in their
order.
1T is well known that about two years
will be required to reach the last case now
on the docket. If, therefore, case of great
public interest should arise, to be adjudica-
ted, under the rule proposed, two years
must elapse before its determination. The
undersigned see many and grave objections
to such prohibition, among which are the
following:
Il. 1t implicitly declares the court incom-
petent to make proper rules and regula-
tions, as to the time and manner of doing
its own business. We submit that, in our
opinion, any such implication is without
any reason. and does injustice to the emf
iCu9 WIN pOoO buo cOuTG.
80. Cases may arise, which, from their
gravity and influence, upon constitutional
rights ofindividuals, or the public welfare,
should have preference, and be speedily
decided. And cases may arise, in which
the constitutional rights of large class of
citizens may be involved; as, for instance,
questions arising under statute contain
ing unconstitutional prohibitions on the
elective franchise.
'.Now, the undersigned, believe that on
these and kindred questions, the court
should be free to make the most speedy de-
termination, and give such causes prefer
ence over others, where no injury will re-
suit from delay.
"HoMER EVERETT,
81. b. CoNANT.''
The amendments reported by Mr..
SCRIBNER were agreed, to and the bill
was read the third time.
After discussion on the merits of the |
bill by Messrs. Everett, Conant, Griswold, |
and Yeoman, the bill was |
passed by the following party vote:
YEAs-Messrs. Berry, Campbell, Carter,
Dickey, Dowdney, Emmitt, Evans. Col
den, Hutcheson, Jamison, Kenney, Law
ner, Stambaugh, Winner-19.
NAYs-Messrs. Biggs, Conant, Corey,
Everett. Griswold, Kessler, Simmons, Tor
renee, Yeoman-9.
REVISION OF RAILROAD LAWS.
Mr.. REX, from the committee on Rail- |
roads and Turnpikes, reported back, with
an amendment, Senate joint resolution for
the appointment of a commission to revise
the laws relating to railroad and telegraph
" hen so amended. The amendment was
agreed to, and the resolution adopted
yeas %, nays l.
REFUSAL TO CONCUR.
Mr.. BERRY, from the committee on
Railroads and Turnpikes, to whom was re-
ferred the House substitute for Senate bill
TO the act relating to free turn
pixies, passed April 10, 1857, reported, re-
that the Senate do not concur
in the House amendment to said bill
After short discussion, the vote was
taken, and the Senate refused to concur in
the House amendment-yeas %, nays l.
LISTS OF SOLDIERS BURIED IN OHIO.
Mr.. CAMPBELL, from the committee on
Military Affairs, reported back House Joint
relative to paying Chaplain Tai
fourd $500 for services in making lists of
Union and Confederate soldiers buried in
Ohio, &C., and recommended its adoption.
After some remarks by Mr.. .DOWDNEY
in favor of the resolution, it was adopted
yeas 26, nays none.
REPEAL OF REBEL TRAFFIC ACT.
On motion of Mr.. MAY, Senate bill to
the act of May l, 1862, prohibiting
the trafficking with persons engaged in
armed rebellion against the Government of
the United States was taken from the ia
BILE, and the question being on the passage
of the bill.
Mr.. MAY spoke at some length in favor
of the bill, and after some remarks of Mr.
Everett, the vote was taken, and the bill |
"a, nays 2.
On motion of MIR. CARTER, the Senate,
at halt past twelve, took recess till three
Z. NJ. E..
AFTERNOON SESSION.
The PRESIDENT called the Senate to
order at three o'clock.
INDEFINITE PosTPoNEMENT.