HOUSE OF REPRESENTATIVES.
TUESDAY, January 10, 1865.The journal of yesterday having been read.
The SPEAKER laid before the House the printed report of the Superintendent of the Hospital for the Insane.
On motion of Mr. BROWN, it was referred to the Committee on Scientific and Benevolent Institutions.
Mr. BROWN presented the credentials of John K. O'Brien, Representative from the county of Martin, and he being invited by the Speaker, came forward, was qualified and took his seat.
STATIONERY, STAMPS, NEWSPAPERS, STATUTES.
Mr. MILLER, from the Special Committee on Stationery, &c., submitted a report recommending that there be appointed by the House a competent clerk who shall take charge of the page: 39[View Page 39] Stationery Room, and purchase from time to time such articles of stationery and postage stamps, and in such quantities as the Speaker pay by his order, direct. And it shall be the duty of the said clerk, on the written order of my member or elective officer of the House, to procure and place on the desk of each member or officer such newspapers as they nay order; to open an account between the Stationery Room and the members and elective officers, and charge each member and elective officer with the newspapers and stationery they may get-no member or officer being allowed to draw from room a sum to exceed $80 in value; and at least one day before the adjournment of the session, to make out and file with the Speaker the amount drawn by each member and officer, and if the sum drawn by the member or officer shall be less than $80, then said member or officer shall be entitled to draw on money a sum sufficient to make it $80, except the Speaker, who shall be entitled to draw $150. The report further directs that the Librarian procure fifteen copies of Gavin & Hard's revised statutes for the use of the House, and ten for the use of the committees, and one copy of flashing's Manual for the Speaker, which are to be returned to the Librarian at the close of the session. That the Speaker shall draw the stationery for the House, and the chairman of committees for committees.
Mr. BROWN moved to strike out the $80. He was not in favor of increasing his salary in that manner. All of us had made a bad bargain in coming here, bat he intended to stick to it. He was in favor of drawing stationery as heretofore. This was only an attempt to evade the law, by which it is prescribed that we shall receive but $3 per day. He should oppose every proposition to increase it this session.
Mr. GRIFFITH submitted that neither branch of the Legislature had been in the habit of complying with the law strictly, with refer once to the matter of compensation here, and he cited the fact that our clerks had for years been receiving $4 a day, when the statute prescribes that they shall receive the same compensation as members.
Mr. BROWN. Was there a statute fixing the clerk's salary at $3?
Mr. GRIFFITH. On page 56 of the Revised Statutes, the act says a member shall receive $3 per day, and that the compensation of the clerks shall be the same as that of members of the General Assembly. This had been evaded all the time. These were times of progress; and certainly it was no time now to retrograde in compensation. He respectfully submitted to gentlemen that they ought not to be so tenecious of meager compensation for the public service.
Mr. MEREDITH, This recommendation had been put on the score of economy. That was the ground on which it was submitted. Years ago it was the practice of the Congress of the United States to make appropriations for the promiscuous drawings of these articles by members. But they had abandoned it: and he understood something like the mode recommended in this report was in vogue there now. We put this on the ground that the appropriation of $80 to each member as a matter of better economy than to allow stationery to be drawn as heretofore, and he trusted that the report would be supported in that light.
Mr. HUMPHREYS was decidedly in favor of the report. It placed members on the ground of equality. Under the former practice, the gentleman from Jackson could draw more than $80, and still go home and say he opposed the raising of compensation.
Mr. MILLER, of Tippecanoe. Acting on that committee, he took the advice of older members, advising that this would be cheaper. They advised us that some members were in the habit of taking home more than the $80 worth of stationery. It was expected that members would take the papers, as heretofore.
Mr. BRANHAM assured gentlemen that since 1855, most members had received more than $80 worth. In 1857 it was above that average. The object was equality, and therefore he moved to lay the amendment on the table.
The SPEAKER suggested a difficulty about applying the amendment. It was a proposition to cover newspapers, stamps and all.
Mr. BROWN proposed to strike out all except the Manual and Statutes.
Mr. PUETT. We have a resolution for taking a certain number of newspapers. I would like to know whether that has been made the basis of a contract.
Mr. MILLER, of Tippecanoe. That resolution was referred to the reporting.
Mr. KILGORE. What number of Statutes are recommended?
Mr. MILLER. Twenty-five.
Mr. BRANHAM withdrew his motion.
The amendment was rejected. The question recurred on concurrenee in the report.
Mr. PUETT moved to strike out "Clerk," and insert "Librarian." The State Librarian could do this work with slight additional compensation.
Mr. BRANHAM. Last session the Librarian was instructed to do this, and the additional compensation was equal to the amount that would pay a clerk.
Mr. COLLINS inquired why we should have twenty-five statutes more? We have them on all our tables.
Mr. BRANHAM. Those have not been ordered by the House.
Mr. PUETT withdrew his amendment
Mr. KILGORE understood that the statutes had been supplied by the Librarian in good faith, as he understood the order. His object was to say, that the adoption of the report would be a reflection on the Librarian. It would be throwing seventy-five copies of the statutes on the hands of the Librarian, who is, perhaps, involved in a contract for the first volume of the statutes. This ought to be investigated. He was in favor of a copy of the statutes for each member. He thought we were entitled to them. Two years ago members received them and took them home.
Mr. GREGORY was decidedly in favor of each member having a copy of the statutes.
Mr. WRIGHT was desirous that his constituents should know precisely what this item of stationery amounts to, and therefore page: 40[View Page 40] offered the following amendment: Strike out "eighty," wherever it occurs and insert "one hundred."
Mr. RICE proposed to amend the report, by striking out what pertains to the statutes, and inserting: "one copy of the statutes for each member," which he shall not be required to return.
This amendment was agreed to.
The question recurring on Mr. Wright's amendment
Mr. BROWN moved to lay the amendment on the table.
The motion was rejected, by yeas 37, nays 56-as follows:
YEAS-Messrs Abbett, Atkinson, Banta, Beckel, Bird, Brown, Coloyer, Groan, Crook, Glazebrook, Gregg, Gregory, of Montgomery, Hargrove, Henricks, Hogate, Hoover, Hunt, Johnson, Lemon, Lopp, Montgomery, McVey, Newcomb, O'Brien, Patterson. Perigo, Richards, Richardson, Shoaff, of Allen, Shoaff, of Jay, Stinger, Stringer, Stuekey, Thatcher, Veach, Welch, White, Whiteside, and Woods-37.
NAYS-Messrs. Bonner. Boyd, Branham, Burnes, Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Collins, Co[?]k, Cox, Emerson, Ferris, Foulke, Goodman, Gregory, of Warren, Griffith, Groves, Harrison, Hershey, Higgins, Humphreys, James, Kilgore, Lasselle, Lockhart, Major, Meredith, Miller, of Clinton, Miller, of Tippecanoe, Milroy, Olleman, Osborn, Prather, Puett, Reese, Rhodes, Rice, Riford, Roach, Sabin, Shuey, Sim, Speneer, Steward, Stiver, Sullivan, of Posey and Vanderburg, Trusler, Upson, Willis, Woodruff, Wrignt, Zeigler, Mr. Speaker-56.
Mr. Wright's amendment was then agreed to.
The SPEAKER. Will the House concur in the report as amended?
Mr. BUSKIRK was not willing In other times the State had been in the habit of paying for newspapers. He had made a requisition on his constituents for subsistence. It hadn't yet been honored. Was this designated as a perquisite to help our salary? If he ever stole he would make it respectable.
Mr. GRIFFITH. The fact that the gentleman was speaking to the proposition made it respectable.
Mr. BUSKIRK spoke seriously against the recommendation. In his view it would be better to continue the former custom. He would not represent a constituency that would have him to purchase newspapers for their accommodation. It was not presumable that any gentleman would furnish himself inordinately.
Mr. BROWN renewed his motion to strikeout all that relates to newspapers, stamps and stationery. He still contended that this was a proposition to help cut the per diem. He demanded the yeas and nays.
Mr. BRANHAM. The report proposed the very thing desired by the gentleman from Monroethat the people shall pay for the newspapers of the House. It was the same with the stationery. Here every member was to be placed on an equality. Heretofore it had not been so.
Mr. BURTON moved to lay the amendment of Mr. Brown on the table.
The yeas and nays being demanded, ordered, and taken thereon, resulted-yeas 70, nays 22-as follows:
YEAS--Messrs. Atkinson, Banta, Bird, Bonner, Boyd, Branham, Burnes, Burton, Burwell, Chambers, Church, Coffroth, Collins, Cook, Cox, Crook, Emerson, Ferris, Goodman, Gregory of Warren, Griffith, Groves, Harrison, Henricks, Hershey, Higgins Hogate, Hoover, Humphreys, James, Johnson, Kilgore, Lockhart, Major, Meredith, Miller ot Clinton, Miller of Tippecanoe, Milroy, McVey, Newcomb, Olleman, Osborn, Prather, Puett, Reese, Rhodes, Rice, Riford, Sabin, Shoaff of Jay, Shuey, Sim, Spencer, Steward, Stiver, Stringer, Sullivan of Poser and V., Trusler, Upson, Veach, Welch, White, Willis, Woodruff, Woods, Wright, Zeigler, and Mr. Speaker--70.
NAYS--Messrs. Abbett, Beekel, Brown, Colover, Croan, Foulke, Glazebrook, Gregg, Hunt, Lasselle, Lemon, Lopp, Montgomery, O'brien, Perigo, Richards, Richardson, Shoaff of Allen, Stinger, Struckey, Thatcher, and Whiteside--22.
So the amendment was laid on the table.
Mr. HIGGINS moved a clerical amendment strike out fifteen copies; which was taken by consent.
Mr. BURTON proposed to amend by striking cut "newspaper?." and inserting "each member shall be supplied with three copies of the Journal and Sentinel, and $100 to each member in stamps and stationery."
The SPEAKER ruled the amendment to be out of order.
Messrs. BROWN and BUSKIRK opposed the ruling of the Chair, and Mr. GRIFFITH supported it.
Mr. BUSKIRK proposed to amend by striking our. "newspapers." The gentleman from Parke [Mr. Rice] had applied an amendment to strike out '"statutes." The gentleman from Jefferson [Mr. Wright] had applied another making the money $100, and was not his amendment equally applicable and in order?
Mr. BRANHAM explained the proposition with reference to newspapers. The main point of difference from former practice, was to give to each member the right to select what paper he will have. He gets them wrapped and stamped.
Mr. KILGORE was in favor of Mr. Buskirk's amendment, for the reason that he wanted at the end of the session just as much of that $100 as he could possibly save. It was an indirect means of enabling us to pay our board.
Mr. WRIGHT. If gentlemen were going to strike out these items of newspapers, &c., we would have no need of the $100.
Mr. GREGORY, of Warren, was in favor of Mr. Buskirk's amendment, for the reason that our constituents ought certainly to receive the papers, and have general information of what is going on here.
Mr. WHITESIDE was opposed to any method of raising members' salary. He regarded the distribution of newspapers distinctly for the benefit of our constituencies. If the $100 proposition were adopted, the effect, under the pocket pressure here, would be, that but few papers would be distributed. It was also an indirect evasion of a constitutional provision. He rather favored the Buskirk proposition, but his vote on it should not commit him to support the $100 proposition.
Mr. MILLER, of Tippecanoe, moved to lay Mr. Buskirk's motion on the table.
Mr. MILROY made an ineffectual motion that the House adjourn.
The yeas and nays being demanded and taken on Mr. Miller's motion resulted--yeas 52, nays 40--as follows:
YEAS--Messrs. Atkinson, Beckel, Bird, Bonner,
page: 41[View Page 41]Burnes, Collins, Cook, Cox, Crook, Ferris, Foulke, Goodman, Gregg, Gregory of Montgomery, Groves, hargrove, Henricks, hershey, Higgins, Hogate, Hoover, James, Johnson, Lasselle, Major, Meredith, Miller of Tippecanoe, McVey, Newcomb, Oleman, Perigo, Rhods, Rice, Riford, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Steward, Stiver, Stringer, Stuckey, Upson, Veatch, Welch, Wlllis, Woodraff, Woods, Wright, Zeigler, and Mr. Speaker--52.
NAYS--Messrs. Abbett, Banta, Boyd, Brown, Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Colover, Croan, Emerson, Glazebrook, Gregory of Warren, Griffith, Harrison, Humphreys, Hunt, Kilgrore, Lemon, Lockhart, Lopp, Miller of Clinton, Milroy, Montgomery, O'Brien. Osborn, Puett, Reese, Richards, Richardson, Roach, Sim, Spencer, Stinger, Sullivan of Scott, Sullivan of Posey and Vanderburg; Thatcher, Trusler, White, and Whiteside-- 40.
So the amendment was laid on the table, and the question recurred on the report as amended.
Mr. MILLER, of Tippecanoe, now demanded the previous question, and there was a second.
Mr. BROWN demanded a division of the question.
The SPEAKER decided that it was not susceptible of division.
The main question being on agreement with the recommendation of the , as amended, was decided in the affirmative.
COMPENSATION OF SUPREME COURT JUDGES.
Mr. MILLER, of Tippecanoe, introduced a bill [No. 2] relative to the Supreme Court, and providing compensation for the; judges thereof, which was read the first time and passed in the second reading.
JACKSON COMMON PLEAS.
Mr. BROWN introduced a bill (No. 3) to legalize certain proceedings in the Court of Common Pleas of Jackson county, had at the October term, 1864, which was read and passed to the second reading.
On motion of Mr. BROWN, the constitutional provision was suspended -yeas 85, nays-2 and the bill passed the second and third readings.
So the bill passed the House of Representatives yeas 85, nays 2 and it was ordered that the clerk acquaint the Senate thereof.
Mr. GRIFFITH introduced a bill (No. 4) fixing the per diem and mileage of Senators and Representatives, providing officers therefor, and compensation thereof:
Which was read the first time and passed to the second reading.
On motion by Mr. ABBETT, the House took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
The SPEAKER called the House to order at two o'clock, P. M.
Mr. RHOADES. I desire to offer a joint resolution.
The SPEAKER. By unanimous consent the gentleman can do so. ["Consent."]
Mr. RHOADES then introduced a joint resolution [No. 2,] accepting the lands donated, to the several States and Territories which may apply for the same, by act of Congress of July, 1862:
Which was read and passed to the second reading.
Mr. MILLER, of Clinton, introduced a bill [No. 5,] to legalize certain deeds, mortgages and other instruments recorded in the Recorder's office of Clinton county.
Which was read the first time and passed to the second reading.
Mr. KILGORE (by unanimous consent) submitted the following:
Resolved, That the Doorkeeper be directed to contract for and cause to be delivered on the desk of each member, four copies each of the Indianapolis Daily Journal and the Daily State Sentinel, wrapped and stamped for mailing to the soldiers in the field.
The resolution was adopted without a division.
Mr. BUSKIRK introduced a bill [No. 6] to establish an agricultural college, wherein shall be taught, &c., (at Bloomington, Monroe county,) which was passed to the second reading.
Mr. HIGGINS introduced a bill[No. 7]to amend the first section of the act to amend the second section of an act concerning the organization of voluntary associations, passed February 12,1855, so as to authorize the formation of ferry companies, approved February 16, 1859, so as to authorize the construction and repairing of harbors at Michigan City, on Lake Michigan.
Which was passed to the second reading; and on his motion the constitutional restriction was suspended, the bill passed the second reading, and was referred to the Committee on Corporations.
Mr. WOODS introduced a joint resolution [No. 3,] to amend the Constitution so as to enable citizens of incorporated cities, towns, townships and school districts to tax themselves for the support of common schools.
Which was read and passed to the second reading.
A message from the Senate now announced the passage in that body of a concurrent resolution for a joint select committee to investigate the receipts and expenditures of the Governor; also the passage of Mr. Brown's bill [H. R. No. 3,] legalizing certain acts of the Common Pleas of Jackson county.
Mr. BROWN asked and obtained leave of absence for Mr. Dunham till Friday.
Mr. SHOAFF, of Allen, introduced a bill [No. 8.] providing for taxing dogs, and for the payment of damages sustained in the maiming or killing sheep by dogs, and providing penalties for the violation of the provisions of said act by officers and others; also, repealing an act to license dogs, approved March 7, 1861, and all other laws conflicting with the provisions of this act.
Which was read and passed to the second reading.
STATIONARY CLERK.
Mr. MILLER, of Tippecanoe, submitted a resolution with preamble, reciting that
WHEREAS, The report of the Committee on Stationery, this day concurred in, has authorized a Stationery Clerk, therefore
Resolved, That Andrew J. Casteter, of Tippecanoe county, be appointed said Clerk.
Mr. NEWCOMB proposed to amend, by striking out the name of Andrew J. Casteter and inserting that of William W. Daugherty, of Marion county.
page: 42[View Page 42]Mr. BUSKIRK understood that this clerk was to be appointed by the presiding officer.
Mr. BOYD proposed to amend the amendment by striking out and inserting the name of W. W. Browning.
The SPEAKER directed the reading of the report from the Select Committee on Stationery, to the words directing that the Clerk "be appointed by the House."
Mr. MILLER, of Tippecanoe, now asked and obtained leave to withdraw the resolution.
Mr. COFFROTH submitted the following:
Resolved, That the Speaker be requested to appoint a Stationery Clerk to the House of Representatives.
It was adopted without a division.
Mr. GROVES introduced a bill [No 9,] to amend section one of an act to provide for the compensation of township assessors:
Which was read and passed to the second reading.
INVESTIGATION OF THE GOVERNOR'S OFFICE.
On motion by Mr. BRANHAM, the Senate concurrent resolution appointing a Joint Select Committee to inquire into the receipts and expenditures of the Governor, was taken up.
He then moved that the House concur, and demanded the previous question.
Mr. BROWN hoped the gentleman would not press this matter now.
Mr. BRANHAM insisted.
Mr. BROWN. Then he would have the yeas and nays on the resolution. The proposition for this investigation had come from the Republican side, and he would have nothing to do with it.
The demand for the previous question being sustained, on the main question, viz : the adoption of the resolution, the yeas and nays were ordered and taken, resulting--yeas 76, nays 16--as follows:
YEAS-Messrs. Abbett, Atkinson, Banta, Bonner, Boyd, Branham, Burnes, Buskirk, Church, Colover, Cook, Crook, Emerson, Ferris, Foulke, Goodman, Glazabrook, Gregg, Gregory, of Montgomery, Gregory, of Warren, Griffith, Groves, Hargrove, Henricks, Hershey, Higgins, Hogate, Hoover, Hunt, Johnson,Kilgore, Lasselle, Lemon, Lockhart, Lopp, Major, Meredith, Miller, of Tippecanoe, Montgomery, MeVey, Newcomb, O'Brien, Olleman, Osteorn, Patterson, Perigo, Prather, Puett, Reese, Rhods, Rice, Richards, Richardson, Riford, Sabin, Shoaff, of Jay, Shuey, Sim, Spencer, Steward, Stinger, Stiver, Stringer, Stuckey, Sullivan, of Posey and Vanderburg, Trusler, Upson, Veach, White, Whiteside, Willis, Woodruff, Woods, Wright, Zeigler, and Mr. Speaker-76.
NAYS-Messrs. Beckel, Bird, Brown, Burton, Burwell, Coffroth, Collins, Cox, Croan, Harrison, Humphreys, Miller, of Clinton, Milroy, Roach, Shoaff, of Allen, and Thatcher-16.
So the resolution was adopted.
Mr. COFFROTH obtained consent to offer an order, which was adopted, that the Door-keeper furnish low seats for the pages when not actively employed.
Mr. WOODS introduced a joint resolution (No. 4) to amend the 23d section of Article IV of the Constitution so as to provide for laws such as that the people of incorporated cities, towns, townships, and school districts, may tax themselves for the promotion of schools without reference to a uniform rate of taxation.
Which was read and parsed to a second reading.
Mr. MILLER, of Clinton, submitted a resolution to the effect, that it is the duty of this General Assembly to make a fair and equitable apportionment of the State for representative purposes in Congress and the State Legislature.
Mr. BROWN made an ineffectual motion to refer it to the Committee on the Judiciary.
Mr. BUSKIRK moved to refer it to the Judiciary Committee, with instructions to inquire and report whether, under the Constitution the present Legislature can apportion the State for Senatorial and Representative purposes.
The motion was agreed to.
GOVERNOR'S MESSAGE.
Mr. BROWN moved the House to order, the printing of 8,000 copies of the Governor's Message and Inaugural-5,000 in English and 3,000 in German.
Mr. GREGORY, of Warren, moved to postpone the consideration of the motion, and make it the special order for Monday.
Mr. BROWN. What object?
Mr. KILGORE. We have not the right kind of a printer.
Mr. BROWN insisted that the Governor's message ought to be printed and in our hands at ones. He questioned the wisdom of making the public interest wait on the completion of partizan organizations.
Mr. KILGORE. In ordinary times he would have no objection. Mr. Bingham was the State Printer, and every man here knew that his paper, for the past three years, had been opposed to the best interests of the country, and he was opposed to patronizing such a man.
Mr. BROWN called the gentleman to order. Mr. Bingham's patriotism was not in the question.
Mr. KILGORE went on to show that the public interest could not suffer from a little delay.
Pending this question
On motion by Mr. BOYD (at 3.50 P.M.) the House adjourned till to-morrow morning 9 o'clock.
