HOUSE OF REPRESENTATIVES.
TUESDAY, February 7, 1865.The Clerk called the House to order at 9 A. M., and nominated Mr. Newcomb as presiding officer.
The nomination was taken by consent, and
Mr. NEWCOMB assumed the chair.
On motion by Mr. BRANHAM, the reading of the journal of Saturday was dispensed with.
PETITIONS AND MEMORIALS.
Mr. ATKINSON presented the petition of sundry citizens of Fountain and Montgomery counties, praying against any increase of the compensation of State and county officers: which was read and referred to the Committee on Fees and Salaries.
The PRESIDING OFFICER laid before the House a communication from Morrison & Ray, attorneys, with reference to the action heretofore taken on their claim against the State.
Mr. BRANHAM moved that the memorial and the report be recommitted to the Committee on Claims.
It was ordered.
page: 168[View Page 168]Mr. BRANHAM submitted sundry claims, and (without reading) they were referred to the Committee on Claims.
REPORTS FROM COMMITTEES.
Mr. GROVES and Mr. BOYD, from the Committee on Claims reported back sundry claims of J. B. Osgood, recommending that they be allowed, and incorporated in the specific appropriation bill.
The report was concurred in, and referred to the Committee on Ways and Means.
Mr. BOYD, from the same committee, returned the claim of Milton H. Roll & Smith, recommending its allowance, which was referred to the Committee on Ways and Means.
Mr. COOK, from the Committee on Manufactures and Commerce, returned his tobacco warehouse bill No, 106, recommending its passage without amendment.
Mr. STIVERS, from the Committee on County and Township Business, returned Mr. Howard's bill, No. 53, to amend sections 5 and 14 of the County Business Act of Feb. 18, 1859, with amendments, striking out all that relates to section 5, and in the amendment to section 14, striking- out "250" and inserting "200."
Mr. BANTA, from the same committee, returned Mr. Ferris's bill [H. R. 42,] to amend sections 9, 11, and 14 of the county business act, of February 18, 1859,-recommending that it lie on the table-it being the opinion of the committee that such change in the law is inexpedient and unnecessary.
The report was concurred in by unanimous consent.
Mr. SHUEY, from the Committee on Temperance, returned Mr. Harrison's Liquor bill, No. 33, and Mr. Kilgore's Liquor bill, No. 93, recommending that both lie on the table, and submitting a new bill.
These reports lie on the table under the rule.
BREVIER REPORTS.
Mr. BUSKIRK, from the select committee to consider the memorial relative to the Brevier Legislative Reports, (now in press from the daily reports of the proceedings and debates of the General Assembly in the Indianapolis Journal,) reported the following:
Resolved, That the Doorkeeper be directed to contract with A. & W. H. Drapier for five hundred copies of the BREVIER LEGISLATIVE REPORTS being the usual number furnished for the House every session since 1857- the same to be sent by express, an equal number of copies to each member as soon as possible after the adjournment of the session; Provided said Reports shall not cost more than two dollars per copy; that one copy for each member be bound, and and that said Reports shall not be paid for until printed.
Resolved, That paid contract is made on the express condition that said Reports shall contain a full, accurate verbatim report of the speeches made in the House, and such statement of bills, joint resolutions and amendments thereto as will be sufficient to make them understood; and the House hereby reserves the right to rescind this contract on the failure of the said Drapiers to comply with any of the conditions of this contract.
Mr. BRANHAM moved that the report be laid on the table; and it was so ordered by unanimous consent.
AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES.
Mr. MONTGOMERY submitted a resolution for an order to print 300 copies of Mr. Whiteside's joint resolution, No. 13, ratifying the constitutional amendment abolishing slavery throughout the United States, for the use of the House of Representatives.
Mr. BUSKIRK and Mr. NEWCOMB, thinking that this resolution and the message on the same subject had been sufficiently printed h the newspapers--
Mr. MONTGOMERY withdrew the order.
A message was now received from the Governor, by Mr. Sulgrove, his Private Secretary, communicating the joint, resolution of the Congress of the United States, proposing an amendment to the Constitution of the United States for the exclusion of slavery. [It was printed yesterday in these reports.]
Mr. GROVES moved that the matter of the message be made the special order for next Tuesday.
Mr. DUNHAM proposed to make it Tuesday week.
Mr. WOODS proposed to make it the special order for to-day at 2 o'clock. It was an important matter.
Mr. DUNHAM. It was certainly a matter of great and grave importance. It should be fully and calmly discussed.
Mr. BUSKIRK, The matter doubtless would elicit considerable discussion, and it was better first to get through with the pressing business of the session. He did not wish to avoid the question at all, or any responsibility that might be connected with it.
Mr. BONNER, It was certainly an important question, but it was not a new one. Not a man here but that had his mind made up with regard to it. He moved to make it the special order for Thursday morning.
Mr. BUSKIRK. Better to "hasten slowly."
Mr. BROWN prepared to make it the special order for two weeks hence. He hoped the joint resolution by Mr. Whiteside would also be made the special order for the same day with this. It would pass the House, but that was no reason for hurry-it was indeed a good reason for giving opportunity for debate.
Mr. SHUEY. It would be doing injustice to his own political friends to press the matter in a hurry. Nothing would be lost by delay. He accounted it an honor to be permitted to vote on this question, and was willing to see it receive a half day's earnest discussion. Then he wanted to see every man come to the record.
Mr. GREGORY, of Warren, was in favor of better progress in legislation. He did not want this Legislature to deserve the reputation of being the slowest in the Union. Absentees would rush in when they saw that this question was pending. He preferred the order to be made for Thursday.
Mr. BROWN moved that Mr. Whiteside's resolution be taken up and made a epecial order for the same day.
Mr. DUNHAM accepted Thursday, and the House acquiesced.
So the whole subject was made the spedial order for Thursday morning.
Mr. Patterson and Mr. Prather had leaves of absence on account of sickness.
BILLS INTRODUCED.
Mr. BRANHAM introduced a bill [H. R 134] for an act requiring the Boards of County Com- page: 169[View Page 169] [com]missioners to examine the books, papers and vouchers of any county officer in their respective counties who may be charged with receiving a greater amount of fees than he is legally entitled to receive, to determine the amount thereof, (if any,) and to cause suit to be brought for its recovery:
Which was passed to the second reading, and referred to the Committee on the Judiciary.
Mr. McVEY introduced a bill [H. R. 135] for an act to amend section 651 of the General Practice Act:
Which was passed to the second reading, and referred to the Committee on the Judiciary.
Mr. STRINGER introduced a bill [H. R. 136] for an act to amend sections 8 and 11 of the act for a more uniform mode of doing county and township business, approved February 18, 1859, and declaring an emergency:
Which was passed to the second reading, and referred to the Committee on Ways and Means.
Mr. BRANHAM introduced a bill [H. R. 137] for an act to enable the qualified electors of this State, and absent therefrom, in the service of the United States, to vote:
Which was passed to the second reading, and referred to the Committee on the Judiciary.
Mr. HUNT introduced a bill [H. R. 138,] for an act to amend the act providing a Treasury System for the State of Indiana, &c., approved March 5, 1861:
Which was passed to a second reading, and referred to the Committee on County and Township Business,
Mr. SHUEY introduced a bill [H. R. 139 ] for an act to amend sections 3, 4, 5, 7, 9 and 11 of the Liquor law, approved March 5, 1859; and prohibiting the owners and keepers of saloons, coffee-houses, &c., from erecting or keeping any screen or blind, and prescribing penalties therefor in case of a second or subsequent conviction:
Which was passed to the second reading.
On motion by Mr. SHUEY, it was ordered to lie on the table, and that three hundred copies thereof be printed.
Mr. BRANHAM introduced a bill [H. R. 140,] for an act ratifying the action of the Governor in settling and discharging the State's quota of the direct tax levied by the Congress in 1861, and authorizing him to settle all unsettled claims of the State against the United States:
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. DUNHAM introduced a bill [H. R. 141] for an act to give Circuit and Common Pleas Judges additional powers in civil and criminal cases during vacation.
Which was passed to the second reading.
Mr. DUNHAM submitted that this bill was an important one, (as every lawyer would see,) affording facilities in amendments of pleadings, taking depositions, and especially in cases of changes of venue, and he submitted a motion to suspend the constitutional restriction, to admit of the second reading now.
The restriction was suspended--yeas 66, nays 5--the bill read the second time and referred to the Committee on the Judiciary.
Mr. THACHER introduced a bill [H. R. 142] for an act to amend sections four and five of the act authorizing the judges to appoint Master Commissioners, defining their duties and fixing their compensation, approved March 2, 1853.
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. BURNES introduced a bill [H. R. 143] for an act to permit attorneys to appear in State prosecutions before justices of the peace, and to provide for their compensation:
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. MEREDITH introduced a bill [H. R. 144] for an act to authorize, regulate and confirm the sale of railroads; to enable purchasers of the same to form corporations, to exercise corporate powers and define their rights and privileges; to enable such corporations to, construct connecting and branch roads, and to operate and maintain the same:
Which was passed to the second reading and referred to the Committee on Corporations, and ordered to be printed.
The SPEAKER laid before the House, the Biennial Report of the Superintendent of Public Instruction(printed report.)
Also, the Superintendent's answer to Mr. Rice's resolution, with reference to the amount of idle school funds. He reports the amount $238,000, in round numbers, and refers to his printed report for particulars.
A message was now received from the Governor by Mr. Sulgrove, his Private Secretary, transmitting a letter from the Secretary of State of the United States, enclosing a letter from the Hon. Justin S. Morrell, with reference to the act of Congress constituting the Old Capitol Hall a National Gallery of Statuary.
On motion of Mr. THACHER, the message and papers were referred to the Committee on the Judiciary.
HABEAS CORPUS.
Mr. GROVES submitted the following:
WHEREAS, There is now no law on the statute books of the State of Indiana requiring a judge of the court to go out of the county where he resides to hear or grant a writ of habeas corpus, unless his fees be paid by the parties before hearing said cause; and whereas, many poor persons are made to suffer from the injustice of this rule; therefore
Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety of passing a law compelling judges to hear such cases at any point in their respective districts, and allowing the county commissioners to make sufficient and proper allowance to such judges for hearing such cases; and report by bill or otherwise.
On motion of Mr. DUNHAM, it was referred to the Committee on the Judiciary.
WHITLEY COURTS.
On motion by Mr. NEWCOMB, the House proceeded to the considerations of the regular order of business on the calendar.
The Senate engrossed bill No. 39, changing the time for holding courts in Whitley county, was passed the final reading without amendment in the House of Representatives--yeas 68, nays 0.
LOCAL BOUNTY LEVIES.
The Senate engrossed bill No. 3, To legalize the issuing of bonds and making appropriations for the levy and collection of taxes in certain cases, coming up on the third reading with amendments reported by the Judiciary page: 170[View Page 170] Committee, striking "townships" from its first section and adding to the second section the following:
Provided, That, in all cases where one or more townships of a county have relieved the township of any given draft without any appropriation in aid thereof from the county, and any debt shall have been contracted by the action of the County Commissioners to pay bounties to relieve the residue of the townships from such draft, the taxes hereafter levied for the payment of the principal or the interest of said indebtedness, shall be levied only on the property and polls liable to taxation in the townships for whose benefit such debt or debts were incurred; and the townships which had so filled their quotas before such indebtedness was created, shall be exempted from such taxation.
And provided further, That the provisions of the act shall not be construed to cover or include debts contracted by individuals to relieve themselves from any draft that has heretofore taken place; nor shall the same be construed to authorize the assumption or payment of such debts by any county, town or city; but the provisions of this act are intended to apply to the action of counties, towns and cities which have acted through their legally entitled authorities, and have issued their orders, bonds or other evidences of indebtedness to raise money to pay bounties to volunteers or drafted men who have entered the military service.
And when so amended, the committee recommend the passage of the bill.
Mr. BUSKIRK considered that the first clause of the amendment was in violation of the State Constitution. It provided that if any township shall have relieved itself from the draft by voluntary contributions, and the county afterwards levy a tax to pay bounties, such township shall be relieved from such levy on property and polls; but it shall be assessed only on the property and polls of those for whose benefit the debt was contracted. The State Constitution provides that "the General Assembly shall provide by general laws for an equal rate of assessment for taxation," &c. He showed at length the unconstitutionality of the amendment, and the court decisions bearing on the question.
Mr. NEWCOMB said this bill came in here from the Senate, with the assumption that these acts of the local and county authorities, contracting local debts for bounties, are illegal, end it was a proposition to legalize them. He showed the necessity of these local acts, end the complete equity of the proposition in the amendment, that the tax levied for the benefit of particular townships shall not be collected off the polls and property of another township. He replied to the reference to the constitutional restriction, giving it the construction, that it refers solely to assessments for taxation for State purposes. The gentleman's construction would overthrow very much of our legislation since 1852. He believed the amendment was constitutional. He knew it was just and right, and was willing to leave the constitutional question with the courts.
Mr. GREGORY, of Warren, would have the tax uniform. The Constitution requires this. But individuals who have paid money for bounties, and filled their township quota, upon proper proof should be allowed a credit therefore not exceeding in amount the special tax for this purpose. So justice would obtain, and the constitutional provision would not be infringed. He proposed to substitute for the committee's amendment, a proposition to the effect that any person or persons who have advanced money to relieve their respective townships from any draft, on former calls for troops, shall be allowed credit for the same on the payment of the taxes that may be assessed against them, upon satisfactory proof before the County Commissioners: provided such amount shall not exceed the amount of special tax assessed against them.
Mr. KILGORE proposed to so amend the first section of the bill, that no appropriation made for this purpose since the 15th day of December, 1864, shall be legalized, which was read for information.
On motion by Mr. NEWCOMB, it was ordered that the bill and pending amendment be referred to a Select Committee.
The Senate pension roll joint resolution, No. 5, (see page 50 of these Reports,) coming up, it was ordered to the third reading, read the first time, and passed the House of Representatives--yeas 67, nays 0.
D. J. SILVER.
Mr. BOYD moved to dispense with the further consideration of the regular order of business in the calendar, to enable the House to take up the Claims Committee's bill, No. 133.
Pending which motion--[at 12:25 P. M.]--
The House adjourned till to-morrow morning, nine o'clock.
