HOUSE OF REPRESENTATIVES,
TUESDAY, November 23, 1858.The Journal of yesterday having been read,
TAX FOR 1858, AND STATE PRISON.
Mr. MURRAY submitted the following:
Resolved, That this House deems it impracticable and inexpedient to levy a tax for the year 1858; also, the enlargement of the present State Prison, or the construction of a new one, as recommended by the Governor.
Mr. EDWARDS. The subject of that resolution is contained in the Governor's Message. The consideration of the message has been made the special order of the day for to-morrow at two o'clock, and I suppose, at that time, it will be most proper for the House to consider the subject of the resolution. I therefore, would move to lay the resolution on the table.
Mr. MURRAY. I propose to meet this question especially and singly, at the threshhold, in order that much time may be saved.
The SPEAKER. It is out of order to discuss a motion to lay on the table.
Messrs. Murray and Davis demanded the yeas and nays, which being ordered and taken,resulted - yeas 88, nays 5 - as follows:
YEAS - Messrs. Baird, Black, Blythe, Bowman, Boyd, Boxley, Branham, Brotherton, Carr, Cavins, Clark, Claypool, Clayton, Cleirents, Colgrove, Collier, Comstock, Cotton, Davidson, Dobbins, Dougherty, Durham, Duvoll, Early, Edwards, Firestone, Fordyce. Gifford, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Hancock, Harney, Harrison, Hartley, Hunter, Jeffries, Johnston, Jones, Jordan, Keefer, Kelly, Kempf, Knowlton, Lawhead,Lewis, McLain, Major, Mansfield , Massey, Mellett, Merrifield, Martin, Nebeker of Vermillien, Nebeker of Warren, Nelson, Newton, Paries, Parrett, Power, Ritter, Robinson, Row, Rynearson, Scott. Sherman, Shields, Shockley, Shull, Smith of Miami, Stanley, Stinson, Sullivan, Summers, Tebbs, Thompson of Elkhart, Thompson of Madison, Treadway, Turpie, Usrep, Waterman, Wheeler, Whetzel, Whitman and Wood - 88.
NAYS - Messrs. Austin, Davis, Murray, Wildman, and Mr. Speaker - 5.
AUDITOR, SECRETARY AND TREASURER'S REPORTS.
The SPEAKER laid before the House the reports of the Auditor, Secretary and Treasurer of State for 1857.
Mr. EDWARDS. I would ask of the Chair whether it is in order to take up those reports?
The SPEAKER. I presume, as they are already printed, the only order to be taken is to require them to be distributed.
ADJOURNMENT OF THE SESSION.
Mr. LEWIS submitted the following:
Resolved, That this House, with the concurrence of the Senate, do fix on the 10th of December as the day of the final adjournment of this session of the General Assembly, or at an earlier day if the business be completed.
Mr. DOUGHERTY proposed to amend by striking out and inserting the first day of December.
Mr. LEWIS accepted
Mr. COLGROVE I have found that these resolutions generally amount to nothing; and esteeming this but an indirect censure upon members, and more intended for home than the dispatch of business, I move to lay it on the table.
Mr. BOYD. I shall vote to lay the resolution on the table, because I consider it an indirect impeachment of the body. It becomes us all to discharge our duties here with fidelity, and I suppose every man here is disposed to do his duty. That being the case, to introduce such a resolution now in advance even of the announcement of our committees, it is wholly premature. Therefore, whilst I am disposed to speed on the business of the body, I shall vote to lay it on the table.
Mr. LEWIS. I did not suppose I was throwing a fire brand -
The SPEAKER. Debate cannot be entertained on a motion to lay on the table.
Mr. DOUGHERTY demanded the yeas and nays, and they were ordered and taken, resulting - yeas 51, nays 43, as follows:
YEAS - Messrs. Austin, Baird, Black, Boyd, Boxley, Branham, Brotherton, Cavins, Clark, Claypool, Clayton, Colgrove, Collier, Comstock, Cotton, Davidson, Edwards, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Wayne, Hancock, Hardson, Hartley, Jeffries, Jones, McLain, Mansfield, Mellett, Merrifield, Miller, Murray, Nebeker of Vermillion, Nebeker of Warren, Power, Prosser, Rynearson, Scott, Sherman, Shockley, Smith of Miami, Stanley, Thompson of Elkhart, Turpie, Usrey, Wheeler, Whetzel, Whiteman, Wildman, and Mr. Speaker - 51.
NAYS - Messrs. Blythe, Bowman, Carr, Clements, Davis, Dobbins, Dougherty, Durham, Duvoll, Early, Firestone, Fordyce, Gifford, Hamilton of Boone, Harney, Hunter, Johnston, Jordan, Keefer, Kelly. Kempf, Knowlton, Lawhead, Lewis, Massey, Martin, Nelson, Newton, Parks, Parrett, Row, Shields, Shull, Smith of Perry, Stanfield, Stinson, Sullivan, Summers, Tebbs, Thompson of Madison, Treadway, Waterman, Wood - 43.
Mr. MURRAY, when his name was called, said he was in favor of this committe giving its action to the subjects brought before it by the Governor of the State exclusively.
Mr. DOBBINS (interposing) submitted that if the gentleman from Elkhart proceed, there was a discourtesy toward the gentleman from Orange, [Mr. Lewis.]
The SPEAKER. The gentleman can explain if the House consent. ["Consent consent," "no consent."]
Mr. MURRAY. I do not wish the consent of the House, where others have been denied. I understand, however, that the rules give the right to explain a vote.
page: 23[View Page 23]The SPEAKER. I shall hold that a member has no right to explain, unless by unanimous consent of the House.
Mr. SNYDER, when his name was called said: he had paired off on general questions with Mr. Stiles, absent on account of sickness in his family.
Mr. EDWARDS said he must insist upon the rule - the rule which requires every member to vote unless excused by the House. He did not acknowledge the right of pairing off here as is practiced in Congress. It was possible to break a quorum in that way.
Mr. SNYDER asked leave and was excused from voting.
So, the resolution was adopted.
MESSAGE DOCUMENTS.
Mr. DOBBINS submitted the following, which was adopted:
Resolved, That 500 copies of the documents accompanying the Governor's Message, be printed for the use of members.
STATE OFFICERS' REPORT.
Mr. AUSTIN submitted the following, which was adopted:
Resolved, That the door-keeper be directed to lay on the table of each member a copy of the reports of the different departments of the State at as early a period as possible.
THE PENITENTIARY.
Mr. HAMILTON submitted the following:
Resolved, That a committee of five be appointed to visit, examine and particularly inquire into the situation and condition of the State Penitentiary at Jeffersonville, and report fully to this House, at an early day, at its next regular session, the propriety and expediency of extending, improving and enlarging the same, in what manner and to what extent the same can be so extended, improved and enlarged, and the probable cost and expense thereof.
Mr. BOYD. Among the twenty-one standing committees to which this House is entitled, there is one on this very subject, and I see no reason for changing the direction of business in this way I move to modify the resolution so as to make it directory to the Standing Committee on the Affairs of the State Prison.
Mr. HAMILTON acquiesced in the modification.
The resolution was rejected.
COMMITTEE ON STATIONERY.
Mr. BRANHAM submitted the following which was adopted:
Resolved, That there be a committee of three appointed by the Speaker of the House, to be designated as the Committee on Stationery, whose duty it shall be to direct all purchases for the House of Representatives, and their proper distribution, and to see that in every case the bill of purchase shall accompany the article purchased, and be placed on file for inspection.
DOCUMENT POSTAGE STAMPS.
On motion of Mr. MERRIF1ELD, Mr. Jeffries' resolution for the purchase of two dollars' worth of postage stamps for the use of each member of the House of Representatives was taken up.
Mr. SHERMAN moved to strike out "two" and insert "one."
Mr. MURRAY. I am opposed to this - not that I am opposed to purchasing stamps to send off documents, but I am opposed to the principle of purchasing stamps to carry around in ourpockets; or put into our drawers. It is a notorious fact that this is a growing evil, and this Legislature, pledged, as it is, to retrenchment and reform, ought to look to it in time. We have seen in the specific appropriation bill such items as gold-headed canes, gold pens, &c., purchased some way by the funds of the State, and it becomes us to arrest these abuses. I am opposed to purchasing stamps, unless they are put upon the documents and laid on our tables.
Mr. JEFFRIES. I was unsophisticated enough to suppose that members of the Legislature are honorable and honest men. I am opposed to buying stamps to carry in our pockets, or to allow them to be used at liberty by the attaches of the House; and if such be the use made of them, I am opposed to my own resolution. But I still think members and officers of this House are honest and trust worthy - and there is a dilemma here,for if we cannot trust ourselves, how can we trust others whom we employ?
Mr DAVIDSON - possessing already a good cane - moved to insert "three" (dollar's worth.)
Mr. DOUGHERTY moved that the resolution and amendments be referred to the committee on stationery.
Mr. MURRAY. I disclaim any intention of making any reference whatever to the honesty of members on this floor. I shall vote in favor of referring this subject, and I hope the committee will take it under advisement, so that we shall be furnished with our documents ready stamped. Former Legislatures have been in the habit of procuring documents and then sending for stamps; and as the remains of this practice their documents remain in heaps to this day, piled away and useless in this State-house. I am not in favor of furnishing stamps out of our own funds, but I wish to nip this particular abuse right in the bud.
Mr. DOBBINS. Mr. Speaker, I was a member of the last House of Representatives, and I find nothing in the record justifying the allusion that anything of the kind referred to ever took place in that House; but it seems that for the Senate,gold-headed canes,gold pens and things of that sort were furnished, and we have no right to refer to that branch. I am here, sir, not for the purpose of making loud professions of economy, but to act, I trust, economically. I am not afraid to vote against stamps for sending out documents. I know the people would not condemn that. I might also be willing to pay this expense out of my own pocket, though as much in need of money as any gentlemen. But I rose here to repress the unfounded imputation, as it might be understood, against the last House of Representatives.
The subject was referred to the Committee on Stationery.
The SPEAKER thereupon announced his appointment of Messrs. Branham, Hunter and Turpie, to constitute said committee on stationery.
THE SINKING FUND.
Mr. WATERMAN submitted a resolution requiring the appointment of a select committee on the Sinking Fund, to inquire into the condition of said fund, and report whether any legislation is page: 24[View Page 24]necessary at this session for the security of said fund.
The SPEAKER suggested, and Mr. Waterman acquiesced, in making the report directory to the standing committee on the Sinking Fund.
Mr. MAJOR suggested that there was an impropriety in offering thus prematurely, resolutions on business of importance that must come bofore the standing committees.
The resolution was rejected.
The House then took a recess until 2 o'clock.
AFTERNOON SESSION.
Mr. EDWARDS. Mr. Speaker, as I understand itis desirable on the part of the Chair to have some time to devote to the organization of the standing committees, and believing that we can do nothing that is legitimate before the time when the committees shall be organized, I move that we adjourn till to-morrow morning, nine o'clock.
Mr. DAVIS. The member from Boone has a proposition.
Mr. EDWARDS. I withdraw the motion.
BUSINESS OF THE SESSION.
Mr. DUVAL submitted the following, which was adopted:
A joint resolution in relation to the subject of legislationat the present session of the General Assembly of the State of Indiana.
WHEREAS, by the Constitution biennial sessions of the Legislature are deemed to be sufficient for the ordinary legislation of the State, and a special session can only be justified in cases where legislation is so urgent that it can not be delayed until the regular session:
AND WHEREAS, The only matter brought before this body by Executive communication, upon which the public welfare requires immediate action, is an act of the General Assembly, making provision for raising money to pay the coming instalment of interest on the State debt, and to carry on the State Government: Therefore be it
Resolved by the General Assembly of the State of Indiana, That no other legislation or business requiring the action of both Houses be done at this session than to make provision for raising money for the purposes aforesaid, and the revaluation of property for taxation.
Mr. EDWARDS now renewed his motion.
And the House adjourned till to-morrow morning at nine o'clock.
