State Legislature

Thursday, March 12. Senate. - Mr. Maynard presented the following proposition for the lease and completion of the Central Railroad, which was read, laid on the table and ordered to be printed : To the Hon. Lcgislalure of the Slate of Miehigan. The undersigned, citizensof sai'd state, desire respectfully to make and submit for the consideraron of your honorable body n proposition to lease of said state. Cor a term of thirty years, the Central Raiïroad, with its appurtenances, &c. - And for fhat purposc, the undersigned do hereby propose and agree to lease of the said state the said Central Railroad, together with all and singular its fixtures, appurtenances, locomotives, cars, tools, and every thing else thereunto belonging or in any wise appertaining, for the term of thirty years, upon the foliowing terms and conditions, viz : lst. The undersigned will pay said state for the use of said road, fixlures, apsurtenances, locomotives, cars, tools and other things thereunto belonging, the interest on the cost of the same at the rate of six per cent per annum ; the same to be paid weekly, monthly, or quarterly, as your honorable body may determine. 2d. The undersigned will obligate themselves to construct and complete said road from the village of Kalamazoo to the St. Joseph river, opposite the village of St. Joseph or to the State of Indiana, within five years, provided a grant from the said State of Michigan can be oblained for the construction of the same on :he most eligible route from the said villaee of Kalamazoo.3d. The undersigned will also obligate hemselves to relinquish said Road at the ïxpiration of said time, and surrender )ossession thereof to the said state of Michigan with a T rail thereon, in good arder, together will all the fixtures, appurtenances, locomotives, cars, tools and ather things thereunto belonging or in any wise appertaining. 4th. The undersigned will also further obligate themselves to reduce the present rates of toll for freight on said road at the rate of five per cent per year for the first ten years ; nnd at the expiration of ten years to reduce the present ratcs of toll on passengers ten per cent. 5th. The state, in consideratjjm of the further construction and completion of said road, shall convey to the undersigned, or their heirs or assigns, oll ihe unsold internal improvement lands which has been already located under the grant of the United States, and one half of said lands yet to be located by suid state under and by virtue of said grant ; said lands to be soconveyed by the state in proportion as the work of the further construclion of said road progresses. Oth. The undersigned will furiher obligate themselves to give security to the state to keep the road in good running order and condition at all times, and that said road, or any part thereof shall not become dilapidated so that the interests of the state shall suffer in consequence of said lease. Detroit, March llth, 1846. Jarvis Hurd. C. T. GO RH AM, Johxsox Ni les, A. L. Hays, John F. Hamlix, B. HUMPHREY. Mr. Bush, from the committee on incorporations to which had been referred the proposition of Jonas H. Titus for a lease of the Central Railroad, made a written report adverse to the proposition. Laid on the table and ordered printed. The Senate then went into committee of the whole, on the bill for the sale of the railroads. The queslion pending being on the motion of Mr. Green to reconsider the amendment offered on yesterday by Mr. Fenton, to section 5, in relation to the termination of the Central Railroad in the city of Detroit, which was carried and Mr. Fenton then withdrew the amendment. Mr. Liltlejohn then moved to inserí after the proposition to give the company authority and power to lay out, designate and establish their road in widtli not exceeding one hundred and fifty feet, through the entire line Ihereof; and may take, have and appropriate to their use all such lands so designated for the line or construction of said road : the words, "upon first paying, or tendering therefor, such amount of damages as shall then been settled by appraisal in the manner hereinafter provided." Mr. Littlejohn supported and Mr. Bush opposcd the motion.Mr. Fenton moveJ to add to the amend ment of Mr. Littlejohn, the words, up on all such lands, as may be taken west wardly from the villoge of Kalamazoo or upon any new track whieh may be located by said company." The amendmcnt was supported by Messrs. Green, Littlejohn and Thurber and opposed by Messrs. Dentón, Chip man, Bush and Allen, and before the question was taken the committeo rose and ihe Senate adjourned. Afteiinoon-. - The Sonate resumed the consideraron of the bilí to authorize the sale of the Central Railroad, in committee of the whole, Senator Moweli in ihe chair. Mr. Littlejohn accepted of thc modification of his amendment, ofiered by Mr. Fejiton in the morning. The ilfebute commenced during the morning session was continued by Messrs. Fenton, Green, and others n favor of, und Messrs. Dentón and Chipman in opposition to the amendment, when it was carried, nine Senators voting in its favor and eight against. The committee rose, reported progress and had leave to sit again. Adjourned. House. - Mr. Noble introduced the following resolution : That the judiciary commiitee be instructed to amend the judiciary system as reported by the revisor, by striking out so much thereof, as requires all.questions of law to be argued in the Supreme Court only ; and so much thereof as requires all judgment records to be made up by Attornies, and so much as limits the Circuit Court to the trial of issues offact only on a nisi prius record sent down from the Supremo Court, and so much a3 provides fora nisi ' prius system. And also, so much thereof as relates to courts of special sessions, and to vest the powersof said court in Justices oflhe Peace; and that said committee introduce such modiiication and changes in the present system and organization of the courls vas shall lend to expcdite proceedings in courts, and do away with all unnecessary delays in the administration of justice, both in civil and criminal proceedings ; and to simplify all proceedings and pleudings in all courts and to procuro summa ry decisions of cases ; to determine the costs and expenses of legal proceedings, and to remedy abuses and mperfeclions, which are found to exist in the present practice and proceedings. Mr. N. said the House had now arrived at thejudiciary system in the revisión. It is a matter of much importance that we should have a system that would meet the expectations and wishes of the people. On examining the revisión reported by the revisor, he was satisfied it was not expedient to adopt it. There was another system before the committee of the whole. He was satisfied that was un imperfect system. That there nvght be provisions in that system important, and which might wilh benefit be incorporated into the revisión, he would admit. Without going more inlo detail, he would say that it seemed to him that it would be proper to adopt that which will carry out and sustain substantially the present sysem with some important modifications, vith regard to evidence - in regoH to )leadings - and in those provisions in the aw which have caused delays, and modfiications in the expenses in liligation. -lr. N. believed tlmt remedies might be 'ound that would obvíale all tho cvils ïomplained of by the people, and in the rue spirit of wholesome reform we may jet a syslem entirely satisfactory to the ieople. The resolution was laid on the tablc md ordered printed. On motion of Mr. Hawley, Resolved, That after Saturday next, ihe House will commence its morning sessions at 9 o'clock, a. m., and its afternoon sessions at 2 p. m. The House went into committee of the whole on the general order, Mr. A. C. Baldwin in the Chair. The bill to improve the administration of justice was considered. On the provisión applicable to County Courts. Sec. 1. There shall bc established in each of the organized counties of the State, &c. Mr. Crary moved to except the county of Calhoun. Mr. C. said he wished to have the county of Calhoun excepted, knowing that the people of thal county were satisfied with the present system. Mr. Blair said he did not wish the rogues of the county of Calhoun lo escape frorn justice. There might be a class of persons in other counties, who might wish to be exempt, not only f rom this law but all laws. Mr. Crary said he had no object ion t the gentleman from .Tnckson having suc a system as he wishes, or as his constit uents desire. From a careful examina tion of tho provisions of this bill he (Mr C.) was satisfied that in any shape i which it could be presented to the Hous t would not satisfy the people of tha county. We wish to have the justic courts and the county courts remain, w do not wish to have such n system as i here provided. If aftcr they have illus trated the bcauties of the system they may be generous enough to let us come in under its shade..The amendment was negatived - com mitlee rose reported progress and obtain ed leave to sit again. The House adjourned. Friday, March 13 Mr. Dentón moved to take up the prop osition submittcd on yesterdav for aleas of the roads. Mr Dentón moved to refer it to th commiltee on internal improvements. Mr Howell moved to amond so as t refer it lo Iho committee on finance. - Lost, yeas 6, nays 12. Mr. Littlejohn moved lo refer the prop osition to the committee on public lands Mr. L. spoke brieflv in favor of th motion. The proposition embraced proposal for the disposal of public lanc of the state. The committee on interna improvement had made a report agajns leasing the road. Mr. Bush said that he had decided a gainst the proposition of Mr. Titus, bu had expressed no opinión on this proposa Mr. Chipman concurred with Mr. Bush The motion to refer to committee o public lands was lost and the subject wa then referred to committee on interna improvement. The Senate went into committee of th whole, Mr. Elowell in the chair, on th bill to sell the Central Railroad. Mr. Littlejohn moved lo add to sec. the following : "Nor to prevent the legislature from authorizing the construction, use or main tenance of any other railroad to anc from any points or places within thi state, without any unnecessary obstruc tion of the said Central Railroad, at an time after twenty years from the passag of this act." Messrs. Liltlejohn and Thurber briefly advocated the amendment, which was op posed by Messrs. Dentón and Bush. Mr. Dentón moved toamend the amend inent by striking out the word "twenty' and insert "ten" years in lieu thereof. The question being taken was lost. The amendment of Mr. Liltlejohn wa then disagreed to. Mr. Littlejohn moved in tbat portioi of sec. 7 which provides for the assess ment of damages, to strike out the word 'occupiers have sustained or will sustain by the use and occupation of the land o the, taking of the malerials or other pro perty required by the said company,' and to insert in lieu thereof the follow ing: - "may sustain by the taking o their land, by in jury to buildings, and ir the construction ofsuch road, without any deduction on' account of any real or supposed benefit or advantage which such owjiers ofsuch lands may derive by the construction ofsuch road."This amendment was debatcd at some ength by Messrs. Littlejohn, Fenton, Allen and Green, and the qirestion1 being taken was lost. Mr. Fenton moved to insert in thal )ortion of the section relating to damajes assessed, which provides when the nquisition shall have been confirmed and he money "being paid or legally tendered to the party entitled to the same," lie words "or döposited wiih the Stnte [Veasurer, subject to the order of the court confirming the inquisition as aforeaid." Agreed to. Mr Fenton ofiered an amcndment givng tlio court power on a second inquisiion boing had to assess the costs to eiior party ut their discretion. Mr. Littlejohn then o He red an nmendlent to that part of the section relative o the assessment of damages, "proviing that in iho taking of any inquisition uthorized by this section, it shall be ompetent for said company, and the wner, oroccupier, or either of Uiein, to ppear before said jury and introduce evience under the ordinary rules of law, ie fo roman of the jury being liereby aulorizod to administer the proper oath lierefor." - Agreed to. Mr. Fenton moved to amend the secion, (relating to the assossment of damges, when the owner of the lands are nknown and they be advertised accoring to the section,) by striking out the vorda "and any irrcgularity or defect ouching said notice, shall be taken adantnge of in showing cause against the onfirmation of the assessment or inquiition of duniages, bad as found but not therwise." Mr Green oflered an amendment to the vords sought to be stricken oüt, nding after the word "found" the words, 'or within two years after such confirnation," which was agreed to. The amendment of Mr. Littlejohn then irevailed.Mr. Littlpjohn thcn ofiered the followng to come in at the end ol section 7 : "Provided, That the owner or occu)ier of any lands or other property taken )y said company for any of the purposes authorized by this act, may make a like application for an assessment of damages upon service of a notice therefor upon any of the officers or knovvn agents of said company, and the proceedings thereafier shall be in all respects similar to those authorized by thís section." Lost. Mr. Smith moved to amond thc section so as to give "twenty" days notice instead of"three'' days notice to tho owner of the land, or "six" instead of "three" weeks notice in some newspaper, &c. - Lost. The committee then rose reported progress and had lcave tosit again. The Sonate then went into cxccutive session. - When the doors were oponed and the Senate odjourned. March, 17. Senate. - A motion of Mr. Maynard to make the charter of tbc railroad repealable aftcr 2 yeara, was lost - 6 to I5. Various amendmcnts wcre oüercd, and some adoptcd. March 18. Hr. IIowcll ofTered an amendment that sau company ehould not bc allowed to run their car on Sunday, unlcss in the case of public dangc accident or irrevocable necessity. Mr. Bush thought the provisions of thc statut sufiicient. So also Mr. Thurber. Dr. Dentón proposed to prohibit them from breaking any other of the commandmcnts. Lo yeas 7, nays 10. Mr. Howell said that the sta ute law could not touch corporations, unlcss th penalties were specified n the charter. Dr. Dentón thought if murder shoutd be com mitted by an agent of the Company, the statut wou ld rench his case. Mr. Allen moved an amendment to the nmeni ment of Mr. Howell, providing that themembcr of said corporations should be compelled to attem church twicc evory Sabbath. Mr. A. enid that Icgislation on religión had a tendency to bring it into contempt. lt should be lcft to a man's own conscience. A part of our pcoplc conscientiously kept Saturdny as their Sabbath, while othcrs kcpt Sunday. Some further couversution ensued by which it appeared that on the Eastern Railroads thc cars do run occasionally on the Sabbath. The question on the amendment was lost - yeas Fenton, Howell, Littlejohn, Vidcto - nays 1Í