HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 13.Mr. NEWMAN asked and obtained leave of absence for Mr. Woodruff-sick. Mr. Atkisson also had leave of absence till Friday, and Mr. Heffren.
PETITIONS.
Mr. JENKINSON presented two petitions for legislation to protect sheep from dogs, which were referred to the Committee on Agriculture.
Mr. BINGHAM presented petition from Jennings county, for amendment of the road laws, so as to make parties liable for costs who petition, for a road which has been previously reported against as not of public utility;which was referred to the Committee on County and Township Business.
Mr. KENDRICK presented two petitions by J. N. Ray, for amendment of the law creating agricultural societies and the State Board of Agriculture, with a view to prevent fraud, secure economy, and elevate the moral tone of our annual festivals.
Mr. FISHER. As one of the members of the State Board, he did not feel called upon to send an unsealed note to this petitioner. But he wished the petitions to be referred to a select committee that will thoroughly investigate the State Board. If there was iniquity there, as in the petition proclaimed, the people ought to know it. There ought to be investigation, that it may be known precisely who is in fault. He would make no motion himself, because it would not be proper for him to be placed on the Committee.
Mr. KENDRICK knew nothing in relation to the justness of the charge in the petition. He presented it as he would all papers handed to him with a request to do so. He also was in favor of a thorough investigation. It was due to the board and the country.
Mr. HAWORTH said, in behalf of the petitioner, that Mr. Fisher was not included in his charges.
Mr. FISHER. There was no more active man on the board than himself, and if rascalities are there, he must be implicated.
page: 215[View Page 215]Mr. STOTSENBERG proposed that it should to the Committee on Agriculture, and it was so referred.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. BUNDY returned Mr. Turner's registration bill [No. 90,] reporting that so much of the bill as proposes to require a voter to reside 30 days in the township before he shall Ofter to vote, conflicts with the constitution. The constitution requires only that the voter shall be a white male citizen over 21 years of age; that he shall have been a resident of the State one year, and he shall vote in the township where he resides. If the term "residence" had a definite meaning when the constitution was adopted, it had, &c. But to say that a voter shall reside 30 days in the township before offering to vote-the Legislature might as well say that the voter shall be over 25 years of age, when the constitution says he shall be over 21 years. The committee are desirous of protecting the ballot-box in the most stringent manner; but without saying that a registry law, such as the bill proposes, would be unconstitutional, they are of opinion that such a law at this time is inexpedient and unnecessary; that the population of the State is1 not yet sufficiently dense, nor have we cities sufficiently large, to require such a law. Before that time shall arrive, it is to be hoped the constitution will be changed, and all constitutional objections to such a law removed. The committee recommend that the bill be indefinitely postponod.
The report was concurred in.
Mr. CASON returned Mr. Burgess's bill [154.] to amend the act of May 29, '52, and recommended its passage.
It was ordered to be engrossed.
Mr. PARRETT desired the correction of an erroneous superscription on Mr. Hopkins's bill No. 15, to amend the act of February 12, 1855, concerning voluntary associations, viz: "ordered to be engrossed," when the action of the House was to lay it on the table, for the purpose of admitting an amendment by Mr. Bundy. He wished the Engrossing Committee to be directed to return the bill for that purpose.
The SPEAKER. Let the Clerk correct the entry. There is no necessity for the order.
Mr. BUNDY now presented his amendment, adding "conferences, churches," &c., in the proper place, which went to the Clerk's table informally, and without reading, it was filed with the bill.
NEW BILLS.
Of the following titles were now introduced and passed to the second reading:
Mr. Kendrick: [228] Relative to the salaries and compensation of district attorneys from the 5th of March 1859, to the 25th of October, 1860, &c.: [at the rate of $500 per annum.]
Mr. Brett: [229] To provide for the redemption of real estate in certain cases within two years from the sale thereof, either by the judgment debtor or by any bona fide creditor of such debtor.
Mr. Collins of Whitley: [230] To amend the act to amend first section of the act of May 12, 1852, to authorize the construction and repairs of turnpikes, macadamized and graveled roads, approved March 5, 1859.
Mr. Jones of Tippecanoe: [231] Prescribing certain duties of prosecuting and district attorneys, and providing compensation therefor.
Mr. Brucker: [232] To amend part 6, section G, of the assessment act of June 21, 1852.
Mr. Jones of Vermillion : [233] To regulate the docketing and disposal of business in the courts of common pleas throughout the various districts within the State of Indiana, and to provide for the return of juries to the terms of said courts on the first day thereof, and to repeal all acts in conflict with this.
Mr. Atkisson: [234] To amend section 6 of the practice act.
Mr. Branham: [235] Containing some provisions respecting the sinking fund and its management and control, and some provisions respecting the stock and means belonging to the same, and requiring the officers of said fund to account for the interest that shall accrue on deposits made of said fund, and how and for what purpose said deposits may be made and secured.
Mr. Jones of Tippecanoe: [236] To authorize the judges of the circuit and common pleas courts to hear and determine all demurrers, motions or applitations for the production of books or papers, and for the appointment of receivers, in vacation.
SUPERINTENDENT OF PUBLIC INSTRUCTION.
Mr. JENKINSON (by leave) presented a communication from Samuel L. Rugg, late Superintendent of Public Instruction, addressed to the House of Representatives, stating his surprise at the communication of his successor. Miles J. Fletcher, noticed in yesterday's proceedings and stating, that he was commissioned for two years from the 14th of February '59; that "on the 11th inst. Mr. Fletcher came into the office and exhibited to me his commission which purported to authorize him to serve in the office two years from the second Monday in February 1861, which in the present year occurred on the llth day of the month. He remarked to me that he had been talking with his friends on the subject and they had advised that he should assume the office on that day. To this I replied that I concurred in that advice, and advised him to assume the duties of the office at once. I placed him as fully in possession of the office, as the same had ever been in my possession," &c.
Mr. J. supposed Mr. Rugg merely desired to let the House and country know that he was willing to do what is right.
The paper was referred to the Judiciary Committee.
page: 216[View Page 216]On motion by Mr. PARRETT, it was ordered that Mr. Anderson be added to the Committee on Agriculture.
WORK FOR COMMITTEES.
Mr. Folk's bill [158] coming up in order on the second reading-and Mr. Veatch's county history bill, [170,] they were referred to the Committee on County and Township Business.
The Judiciary Committee bills [159, 160, 186, 187] were ordered to be engrossed.
The Public Expenditures Committee bill [161] To amend the 11th section of the treasury act of March 1, 1859; coming up-with Mr. Roberts's bill [167,] Mr. Jones of Tippecanoe's bill [168,] Mr. Veatch's bill [169,] Mr. Kendrick's bill [172,] Mr. Williams's bill [174,] Mr. Orr's bill [181,] and Mr. Stotsenberg bill [189,]they were severally referred to the Committee on the Judiciary.
Mr. Anderson's bill [162] to amend section 107 of the common school law, as amended and approved March 5, 1859, and to repeal conflicting laws, was passed the second reading and referred to the Committee an Education.
CONVENTIONAL INTEREST.
The Judiciary Committee's bill [168] coming up-
Mr. UNDERWOOD proposed to amend, by "striking out all having reference to 10 per cent, on contracts."
On motion of Mr. HOLCOMB, the bill and proposed amendment were laid on the table.
Mr. Davis's school-money loan bill [164] was passed the second reading and referred to the Committee on Ways and Means.
Mr. Black's common pleas bill [165] was passed the second reading and referred to the Committee on the Organization of Courts.
Mr. Polk's dog bill [166,] coming up-
Mr. JENKINSON moved its engrossment.
Mr. McLEAN proposed to exempt lap-dogs and rat-terriers from its provisions, and to require the dog's collar to be inscribed, "I am a licensed dog-are you ?" and immediately withdrew it.
Mr. FRASIER proposed to refer the bill to the Committee on Agriculture, with instructions to insert-"All dogs are hereby abolished except lap-dogs, rat-terriers and poodles."
The motion was laid on the table.
Mr. BUNDY demanded the previous question, and under its operation, the House refused to engross-yeas 38, nays 49-and then,
On motion of Mr. POLK, it was referred to the Committee on Agriculture.
Mr. Veatch's dog bill [175,] coming up-
Mr. BLACK proposed to exempt hounds from its provisions. Hounds, he said, were essential in sparsely settled regions.
Mr. PROSSER hoped the amendment would prevail. It would be a hardship to tax the hounds in the county.
Mr. SMITH of Bartholomew propose to exempt rat-terriers and pointers.
On motion by Mr. BUNDY, the bill and proposed amendments were referred to the Committee Agriculture.
Mr. Andersen's dog bill [176] took the s reference,
Mr. EDSON asked (but the House refused) leave to introduce a resolution authorizing the Doorkeeper to employ a sufficient police force to keep order in the lobbies of the Hall.
THE HEFFREN AND MOODY "AFFAIR."
Mr. FISHER also was refused leave to offer a preamble and resolution, rehearsing the constitutional provision against duelling in this State, and the fact that it has been violated by Mr. Moody and Heffren, and declaring their expulsion from their position as members of the House of Representatives.
Subsequently Mr. BRYANT asked (but was refused) leave to submit a resolution, rehearsing facts and rumors in this affair, and proposing a committee of five to inquire into and report the facts in the case, with power to send for persons and papers.
Mr. McLEAN was opposed to any more investigating committees, because of their expensiveness; and by way of illustration, he read from the last general appropriation bill the item of $91 66 to William H. Drapier, for taking testimony in the Heffren and Gooding investigation, ordered by the Senate.
The SPEAKER. There is no question before the House. The resolution is not in order without unanimous consent.
WORK FOR COMMITTEES.
Mr. Williams's bill [171,] to repeal "valuation and appraisment," and Mr. Frasiers county-seat bill [173,] were passed to the second reading and referred to the Committee on Rights and Privileges- Mr. SHERMAN proposing to amend the latter so as to include in its provisions all pending cases.
Mr. Moss's bill [177,] to regulate remission of fines and forfeitures, coming up-
Mr. FISHER proposed to amend so as to require the recommendation of the judge and prosecuting attorney.
The bill proposed amendment were referred to the Judiciary Committee.
Mr. Kendrick's bill [178.] to amend the city corporation acts, coming up-
Mr. HALL moved to refer to the Committee on Corporations, with amendments, that members of the council be elected for two years, so that half of them shall go out each year, and that the mayor and other officers hold for two years instead of one.
The bill of proposed amendments were so referred.
Mr. Wood's estray bill [179,] coming up-
On motion by Mr. WOODS, it was referred to the Committee on Rights and Privileges, with Mr. Owen's amendment proposing to strike out "clerk" and insert "auditor."
Mr. Parrett's salary bill [182,] coming up-
Mr. FRASIER proposed to amend, so as to make the salaries of all the State officers below the Governor $2,500.
page: 217[View Page 217]Mr. FISHER proposed to insert appropriately : "and the same shall be in full for all services;" and that the subject be referred to the Committee on the Judiciary.
Mr. ORR said he desired to see the bill amended throughout.
The subject was so referred.
The Senate bills numbered 5, 7 and 11 were passed the second reading and referred to the Committee on the Judiciary.
The Senate bill No. 19, having passed the second reading-
On motion of Mr. SMITH of Bartholomew, it was referred to the Committee on Rights and Privileges.
The Senate bills No. 12, 24 and 29, were passed to the third reading. Mr. Wells's slack-water bill [188,] being passed the second reading-
Mr. CASON proposed to insert $10,000 in wince of $1,000, and the subject was referred to the Committee on the Judiciary.
Mr. Cooprider's lost paper bill [180,] was passed the second reading and referred to the Committee on County and Township Business.
The House then adjourned.
