HOUSE OF REPRESENTATIVES.
FRIDAY, March 8, 1861.The House resumed the Specific Appropriation bill, No. 348.
Mr. SHERMAN proposed to add: $25,000 for 1861, and $25,000 for 1862, to purchase materials to apply the labor on the northern State prison : which he supported in a general speech on the premises.
Messrs. JENKINSON, Grain, Frasier, and Branham spoke against the item ; and Messrs. Burgess and Heffren supported it, with qualifications.
Mr. Speaker ALLEN (Mr. Cameron in the chair) also stated his determination never to vote a dollar to carry out that prison contract. He reviewed the history of that contract, which resulted in a direct fraud upon the State. If this proposition to surrender their contract were acceptable, he might take a different course.
On motion by Mr. BUNDY, Mr. Sherman's amendment was laid on the table.
The House now returned to the vote of last night on Mr. Heffren's motion to lay Mr. Stotsenberg's motion to reconsider the vote adopting Mr. Moody's amendment, appropriating $1,500, &o., for the expenses of the Swamp Land investigation Commission-and it was reported : yeas 69, nays 24.
Mr. BRETT proposed $300 to pay the expenses of the committee to investigate the condition of the Land Office of the trustees of the Wabash and Erie canal.
The amendment was agreed to.
Mr. BLACK proposed to add $877 allowance to John W. Dodd, for expenses incurred by him in arresting the Boone county bank felons.
Mr. JENKINSON proposed to credit blank amount to John W. Dodd, on account of illegal fees retained by him, and $51,000 in warrants drawn in favor of the commissioners of the northern prison.
These were severally laid on the table.
Mr. FRASIER moved to reconsider the vote of last night, allowing $2,000 for painting and papering in this capitol.
Mr. BUNDY moved, ineffectually, to lay it on the table.
The vote was then reconsidered. ~ Mr. GRESHAM now proposed $1,400.Mr. BRANHAM proposed to refer it to the joint committee to investigate accounts and offices. But-
On motion of Mr. HEFFREN, $1,000 were allowed, and the remainder of the claim was referred to a select committee.
Various other items were submitted and adopted, and others were rejected: as the bill was considered by its items under the constitutional provision.
The bill, as amended, was then passed the third reading in the House of Representatives yeas 73, nays 14.
AFTERNOON SESSION.
Mr. JONES of Vermillion, from the Prison Committee, reported a bill [349] authorizing the directors of the southern prison to work the prisoners outside; to purchase a grave-yard ; to enlarge the female department; to transfer insane convicts to the State asylum; and to settle with former contractors, make new contracts, &c. supplemental to, and repealing former laws ; which was passed to the second reading: and (the rule being suspended), it was passed the second reading, and referred to the Committee on the Judiciary.
On motion of Mr. BRANHAM, the House took up the Senate's amendment to the revenue bill [H. R. 346]. It strikes out "five" and inserts "two" [cents tax on the $100]. The House refused to concur.
On motion by Mr. HEFFREN, the House took up the amendments of the Senate to the General Appropriation bill; and they were concurred in, except those for the northern prison.
Mr. FISHER opposed the Senate's proposition to allow $15,000 to the northern prison. page: 362[View Page 362] It would require over $11.000 to pay the officials. What were $4,000 to subsist 150 prisoners one year? &c. It would be better to repeal the law. Investigations have produced no valuable information. The House had sufficiently indicated its determination to make no appropriation under that corrupt contract. If that could be got out of the way (which he hoped would be done to-day), he would then be in favor of making an appropriation to set the convicts at work. When he concluded, he moved to strike out "$15,000" and insert "$40,000."
Mr. BRANHAM would not vote for that under the present fraudulent contract.
Mr. SHERMAN. If you annul the law, how are you going to subsist these prisoners returned to Jeffersonville ? He inquired whether that contract could not be amended by resolution ?
Mr. PARRETT considered that the fraud in the contract had nothing to do with the question, whether we should have a northern prison ? We should get rid of that contract save what money has been invested-as we may ; we should at least take possession of the prison ground. Appropriations have to subsist, and work-prisoners have nothing whatever to do with fraudulent contracts. He was ready to go to work in this way at once. He complained that no practicable plan of legislation in this matter had been submitted before. No system had been proposed : but all had been looking after nothing but the stolen money.
Mr. BINGHAM defended the appointment and action of the Investigating Committee. They had discharged their duties-reported the facts, and their recommendations thereon. They had recommended the abandonment of the location. He saw little distinction between doing nothing and simply complaining that nothing has been done.
Mr. FISHER'S amendment was withdrawn.
Mr. HEFFREN now hoped the Senate amendment would not be concurred in.[A Senate message asked for a Committee of Conference on its amendment to the revenue bill [H. R. 346]; which was taken up; the Committee ordered and the SPEAKER appointed Messrs. Branham, Prosser and Fisher.]
Mr. FERGUSON was in favor of abandoning the Northern Prison.
Mr. WOODHULL. The State was bound to take care of the prisoners. If the prisoners are not retaned North, there must still be a contract to enlarge the Southern Prison. A delay in making appropriations would bring the contractors to terms, if nothing else.
Mr. PROSSER, two years ago, had done all he could to prevent the Northern Prison scheme. He was proud of his votes and action then. He reviewed the arguments upon which this prison was authorized. They got an appropriation of $50,000, and then stole more than that. Now let it rot and crumble.
Mr. CAMERON demanded the previous question, and thereupon the Senate's amendment was non-concurred in-yeas 14, nays 74.
On motion of Mr. HEFFREN, the Senate's amendments, allowing $14,000 for officers, &c., of the Southern Prison, and $15,000 for officers and current expenses of the Northern Prison for 1862, were concurred in-excluding that for the Northern Prison.
SINKING FUND LOANS.
The Sinking Fund bill [S. 114], (extending time of loans,) coming up-it was passed to the second reading.
On motion of Mr. McLEAN, (the constitutional provision being suspended for the purpose,) the bill was read the second time by title, passed to the third reading, read the third time and passed-yeas 88, nays 2.
Mr. BRANHAM, from the Committee of Conference on the revenue bill, [H. R. 346] reported that the Senate recedes, and the agreement is, that the tax be two cents on the $100 to be assessed for the years 1861 and 1862, and five cents for the years following.
The report was concurred in.
TRUSTEES FOR THE DEAF AND DUMB AND BLIND.
Mr. BINGHAM asked that the House now take up the election of the remaining Trustees of the Benevolent Institutions-two for Deaf and Dumb, and two for the Blind Asylum ; which was agreed to.
The SPEAKER called for nominations for a trustee for the Deaf and Dumb Institution.
Mr. BINGHAM nominated James C. Burt, of Jennings county.
Mr. PROSSER nominated John M. Kitchen, of this city.
Mr. BINGHAM stated that Dr. Burt was the colleague of Dr. Burt, as voted for by the Senate.
Mr. CAMERON suggested that Dr. Burt's name be withdrawn, and let all vote together once for Dr. Kitchen. [Laughter.]
Mr. BINGHAM refussd to withdraw the nomination.
- Burt received..........................57 votes.
- Kitchen received ......... .................29 votes.
- Scattering received :......................... 4 votes.
So, James C. Burt, receiving a majority, was declared duly elected a trustee of the Deaf and Dumb Asylum-to serve two years.
Mr. PROSSER nominated Dr. Kitchen for he other trustee.
M. STOTSENBERG nominated Thomas W. Woollen.
- Kitchen received................. ...70 votes.
- Woollen received .....................17 votes.
- Scattering received ..................... 3 votes.
So, John M. Kitchen was declared to be elected-to serve two years.
The SPEAKER calling for nominations for a trustee of the Institute for the Blind-
Mr. STOTSENBERG nominated Harvey G. Hazelrig, of Boone county.
page: 363[View Page 363]Mr. HAWORTH nominated Wm. M. Smith, of Fayette county.
- Smith received........................52 votes.
- Hazelrig received .......................23 votes.
- Scattering received ......................13 votes.
So, Wm. M. Smith was declared lo be elected on the part of the House of Representatives-to serve two years.
Mr. CRAIN nominated John Beard, of Montgomery county.
Mr. STOTSENBERG nominated Michael Fitzgibbon, of Marion county.
- Beard received........................52 votes.
- Fitzgibbon received........................36 votes.
So, John Beard was declared to be elected on the part of the House of Representatives to serve two years : and then it was-
Ordered, That the Clerk acquaint the Senate of these concurrent ballotings.
A Senate message announced the adherence of that body to its amendments to the General appropriation bill, and asked for a Conference Committee thereon; which was ordered; and thereupon, the Speaker appointed Messrs. Branham, Prosser and Fisher.
ASSIGNMENTS.
The bill [S. 98] to amend sections 13 and 14, of the Justices'act of June 9th, 1852, to prevent evasions of the law by the assignments of claims, and bringing suit against the assignor in a different county-coming up on the third reading, it was finally passed by House without amendment-yeas 83, nays 1.
The witness bill [S. 5] was laid on the table, as superceded by the House, witness bill 344.
ADMINISTRATION OF OATHS.
The bill [S. 25] to authorize Justices of the Peace, Mayors of towns and cities, Clerks of the Circuit and Common Pleas, courts, Master Commissioners, and County Auditors (and the respective counties to Road-viewers. &c.) to administer oaths, coming up-it was passed the final reading-yeas 75, nays 0.
FREE BANK SECURITIES.
The Free Bank plate bill [S. 86] amendators of sections 3,4. 6. 7 and 49 of the general banking act, coming up-
Mr. RAGAN. Does it do away with the deposit of $110 for the $100 circulating ?
Mr. FISHER. It reduces it to $105, in Indiana State Stocks.
Mr. BLACK. The main feature of the bill is to force banks holding the bonds of other States to sell them and buy Indiana bonds. This would depreciate, the value of other State bonds, and so impair all the free banks owning such bonds.
Mr. FISHER. It contemplates those exchanges to be made by the year 1863. And it reduces the deposit of securities from $110 to $105, to the $100 of circulation. He spoke of the poor reliances for our circulation on State bonds under secession movements.
Mr. CRAIN. It was enough for the House to know that the bank of Bloomington went down solely because its circulation was based on southern state bonds, &c.
The bill passed the House-yeas 79, nays 10.
The Road bill [S. 36] coming up, it was passed the final reading in the House-yeas 61, nays 23. It takes the control of vacation and change of highways within the townships from the County Commissioners, and gives it to the Township Trustees ; and authorizes the opening of private ways.
NIGHT SESSION.
The bill [S. 77] To prevent fraudulent assignments and bringing suits in another county, coming up-it was passed the final reading in the House-yeas 62, nays 5.
LIQUOR LAW.
The liquor bill [S. 20]applicants for license may appeal against rsmonstrants and refusal to iicense to a jury whose decision shall be final-coming up-
Mr. HEFFREN objected to the bill because it cut off appeal to the higher court.
Mr. BRANHAM. It placss the remonstrants on the same footing with the applicants.
Mr. CRAIN. It was the best we could get.
Mr. ROBERTS. It would make litigation.
Mr. DAVIS. It would not make more litigation than the doggeries.
Mr. NEBEKER. There would be more law than whisky.
Mr. FERGUSON. It would increase the difficulty in the way of getting license. He demanded the previous question, and thereupon the bill passed the House-yeas 52, nays 33-Mr. Dobbins proposing (out of order) an amendment of title: " To prevent native and adopted citizens of Wayne county from selling liquor," &c.; and Mr. Heffren: "To secure 10,000 additional Democratic votes in the State of Indiana."
TAX TITLE.
The bill [S. 11] To amend section 151 of the assessment act-a purchaser of land under the sale shall not have possession till he get the deed-coming up-it was passed the final reading-yeas 59, nays 22.
The bill [S. 52] To amend section 352 of the Practice Act, [payment of costs in new trials] coming up-it was passed the final reading: yeas 64, nays 15.
Mr. Welles had leave of absence : sick.
The bill [S. 16] To ascertain the number of sheep killed and injured by dogs, was laid on the table.
The bill [S. 18] To amend the 315th section of the Practice Act, [changing the time of publication to 30 days] was passed to the final reading-yeas 61, nays 8.
The Game bili [S. 97] (it extends the time of taking prairie hens from August 1 to February 1] coming up, it was passed the final reading-yeas 65, nays 8.
page: 364[View Page 364]The Struck Jury bill [S. 49] was passed the final reading-yeas 51, nays 26.
The Game bill [S. 79] (it extends the time of taking quails and pheasants from October 1 to February 1) was passed the final reading yeas 53, nays 18.
The Common Pleas (5th section) bill [S. 177] with an engrossed term for Ohio county, 1st Monday in January, May and November, was passed the House : yeas 61, nays 1.
The bill [S. 171] To repeal the act of March 5, 1859, and authorize the judge to make the order of business, and say when the jury shall be called,was passed to the final reading: yeas 69, nays 2.
PERRY COUNTY ACADEMY BILL.
The Perry County seat and Academy bill [S. 26] coming up-
Mr. VEATCH explained that the old public square and buildings in Perry county had been conveyed by the Commissioners to trustees for the purposes of a Seminary of learning, and that some doubt existed as to the validity of the law of December 28, 1858, this bill was for the purpose of perfecting the title to that property. It provides, also, that upon the petition of two thirds the legal voters, the Commissioner may convey the poor for educational purposes. Be had examined it, and believed that its provisions could not affect any other county than Perry.
The bill failed: yeas 43, nays 29 : for want of a constitutional majority.
The bill [S. 135] To amend the 6th section of the County Boards of June 17, 1852, coming up-
Mr. KENDRICK. It was very much desired in the larger counties.
Mr. CASON. This 6th section was amended by the act of 1859: extending the term of the Board to nine days, in counties with over 10,000 inhabitants.
Mr. KENDRICK. This gives 15 days.
Mr. VEATCH. It proposes to amend a section which has been dead and gone since 1859.
The SPEAKER. There is nothing embraced in the amendment of 1859, which is in the amendment now proposed.
On motion of Mr. KENDRICK, it was recommitted to the Committee on County and Township Business.
On motion of Mr. STOTSENBERG, the. amendment of the Senate to Mr. McLean's bill [44] making five years the period upon which the unexplained absence of a party may authorize his representatives, &c., to deem him legally dead, was taken up and concurred in.
The Common Pleas (6th section) bill [S. 175] coming up-
VOICES. It is the same bill we have just passed: No. 171.
Mr. GRESHAM. This was the best bill.
Mr. CAMERON. The bills contained distinct provisions which were dependent on each other.
The bill passed : yeas 64, nays 9.
The assessment bill S. 57] was passed : yeas 67, nays 9.
The Mortgage Satisfaction Fee bill [S. 117] (it adds 50 cents to the fee bill) was finally passed : yeas 55, nays 17.
Mr. FRASIER, from the Committee on County and Township Business, returned the bill [S. 136] with an amendment reciting the act of 1850 instead of that of 1852. The amendment was concurred in, and then the bill was finally passed: yeas 68, nays 3: with an amendment of title, viz : " An act to amend an act to amend the 6th section of the act."
On motion by Mr. GRESHAM, the Senate's emendment to Mr. Brucker's Decedents' bill [S. 64] adding: This act shall include alien heirs of aliens who may have died before the passage of this act; and such may hold, sell and convey land for eight years in the same manner as if their ancestors or devisors had departed this life subsequent to the passage of this act: provided the estate has not already vested in resident heirs--was taken up and concurred in.
Mr. VEATCH, from the Committee on the Judiciary, returned the resolution of inquiry as to when the session will expire, and the latest hours when bills can be sent to the Governor, reported the opinion that, since the constitutional term expires Monday, 11th inst., at midnight, this House may constitutionally pass bills till Saturday 9th, at midnight.
Mr. PROSSER moved concursence.
Mr. HEFFREN dissented. The constitutional provision is: "no bill shall be presented to the Governor within the two days next preceding the day of adjournment."
The report was concurred in.
The Common Pleas bill [S. 93], [it gives two weeks to Lawrence, and two weeks to Jackson county], was passed: yeas 67, nays 0.
The Agricultural bill [S. 73], [a society may hold 80 acres], was passed: yeas 72, nays 1.
Mr. VEATCH, from the Judiciary Committee, returned the Change of Venue bill [S. 138], recommending its passage.
The report was concurred in, and the bill passed the third reading: yeas 57, nays 11.
The Morgan and Putnam county line bill [S. 77] was passed to the second reading.
On motion of Mr. FISHER, the House took up the bill [S. 187], repealing the law for adjourned and special terms of the circuit courts, and legalizing orders, &c., was passed to the second reading.
The Common Pleas (section 8th) bill [S.185], was passed to the second reading.
The bills [S. 169, 264, 153, 121, 120, 245, 210, 146, 111, 119, 193, 55, 206, 70, 85, 233, 108, 144, 262, 194, 172, 54, 218, 184, 237, 248, 249, 67, 266, 45, 260, 250, 112, 87, 251, 105, 71, 199, 142, 170, 150, 108], were severally passed to the second reading to-morrow.
The House then adjourned.
