HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 8, 1865.The House met at 9 o'clock. A. M.
On motion of Mr. CHURCH, the reading of the journal of yesterday was dispensed with.
SPECIAL COMMITTEE.
The SPEAKER announced the following special committee on the bill from the Senate, No. 3:
Messrs. Gregory, of Warren, Newcomb, Church, Spencer and Gregg.
PETITIONS AND MEMORIALS.
Mr. BRANHAM submitted sundry claims, which were referred without reading.
Mr. CHURCH presented the memorial of J. M. Buchanan, and others, citizens of Porter county, with reference to such amendments of the State Constitution as shall more distinctly acknowledge God the Almighty, and the supreme authority of the Lord Jesus Christ:
Mr. McVEY presented the memorial of Rev. A.. L. G. Hay and other citizens of Indianapolis, of similar purport:
Which were severally referred to the Special Committee on Constitutional Amendments
.Mr. NEWCOMB presented the claim of J. McLene for stationery furnished during the last session of the General Assembly; which was referred to the Committee on Claims.
Mr. WHITESIDE presented the remonstrance of the attorneys in Cass County against the recent changes in Court Terms in that direction :
Which was referred to the Committee on the Organization of Courts of Justice.
REPORTS FROM COMMITTEES.
Mr. MILLER, from the Committee on the Organization of Courts of Justice, returned the bill, [S. 12,] authorizing creditors to bring action before their paper is due, recommending its passage:
He also returned the bill, [S. 55,] fixing the Common Pleas Terms in the 5th district, recommending its passage.
Mr. GREGORY, of Warren, from the Committee on Education, returned Mr. Ferris's School bill [H. R. 132] reporting that the committee will present a new school bill this week embodying its provisions, and recommending that Mr. F.'s bill be laid on the table.
The report was concurred in.
THOMAS COLEMAN.
Mr. HENRICKS, from the Committee on Claims, returned the bill for the relief of Thomas Coleman, reporting that there be allowed to the said Thomas Coleman the sum of $199 73.
Mr. HENRICKS moved that it be referred to the Committee on Ways and Means, with instructions to put it into the appropriation bill. He explained that Coleman purchased a piece of swamp land for this money from the county of Tippecanoe, and was ousted by a Mr. Elisworth, holding title under the United States. It was a question with many whether the money should be paid out of the State or county treasury. He thought it should be repaid by the county. There was a bill allowing Coleman this money with interest, which the committee rejected, agreeing to repay only the original purchase money.
Mr. NEWCOMB argued that it should be paid by the county.
Mr. MILLER, of Tippecanoe, supported the recommendation of the committee. Tippecanoe county never received that money.
Mr. NEWCOMB moved to refer the matter page: 176[View Page 176] back to the committee, with instructions to report a bill that the county of Tippecanoe repay the money.
Mr. SHUEY was informed that Tippecanoe never got a dollar of the money, but that it was absorbed--confiscated by dishonest State officers. He proposed to amend the instructions so as to provide that the county of Tippecanoe shall repay the money to Coleman, provided they have received it.
Mr. NEWCOMB modified his instructions that the committee inquire into the fact.
Mr. HENRICKS suggested the difficulty in the way of making such inquiry.
Mr. NEWCOMB withdrew his motion.
Mr. WOODS' understanding was, that the condition of the swamp land fund was, that the money was here in the State Treasury, standing to the credit of the several counties.
Mr. Newcomb's motion, renewed by Mr. Miller, of Tippecanoe, was finally adopted.
Mr. LOCKHART, from a minority of the Committee on Railroads, reported an amendment to Mr. Newcomb's railroad bill [No, 59] recommending its passage.
Mr. STRINGER, from the Committee on Roads, to whom was referred the resolution of Mr. Montgomery for a modification of the Road law, so that road work shall be done earlier in the season, and Supervisors may pay more than 75 cents a day for work on the roads, reporting that such a modification of the law is now pending, and that the resolution be laid on the table.The report was concurred in.He, also, from the same committee, returned Mr. Goodman's resolution authorizing county boards to open highways; recommending that it be laid on the table.
The report was concurred in.
Mr. LOCKHART, from the Committee on Manufactures and Commerce, returned Mr. Cook's tobacco inspection bill [H. R. 122,] recommending its passage.
Mr. WHITESIDE, from the Committee on Public Printing, returned Mr. Montgomery's resolution for a bill authorizing county-newspapers to publish the laws, reporting a bill.-- He also reported a bill based upon the newspaper publishers' Memorial.
Which reports severally lie on the table.
BILLS INTRODUCED.
On motion by Mr. WHITESIDE, the Printing Committee's Bill [H. R. 145,] for an act to authorize the publication of the acts of the General Assembly in county newspapers was introduced, read the first time and passed to a second reading.
Mr. COX introduced a bill [H. R 146] for an act to amend section 3 of the act for the regulation of weights and measures:
Which was passed to the second reading and referred to the Committee on County and Township Business.
On motion by Mr. MONTGOMERY, the Printing Committee's bill [H R. 147] for an act, to amend section 6 of the act relating to estrays and articles adrift, approved June 16, 1852:
Which was passed to the second reading.
Mr. MILLER, of Clinton, introduced a bill [H. R. 148] for an act to amend the 22d section of the Misdemeanor act of June 14 1852:
Which was passed to the second reading, and referred to the Committee on County and Township Business.
Mr. FOULKE introduced a bill [H. R. 149] for an act to enable the Board of Directors of any incorporated turnpike company to change the time of holding the election of Directors:
Which was passed to the second reading and referred to the Committee on Corporations.
Mr. STRINGER introduced a bill [H. R. 150] for an act prescribing the number of Senators and Representatives in the General Assembly of the State of Indiana:
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. KILGORE (by request) introduced a bill [H. R. 151] for an act to encourage the re-publication of Blackford's Reports, and making an appropriation for the same:
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. HUMPHREYS introduced a bill [H. R. 152] for an act to amend sections 82, 83 and 85, of the common school act, approved March 2, 1855:
Which was passed to the second reading and referred to the Committee on Education.
COMMITTEE ON ELECTIONS.
Mr. NEWCOMB moved that Mr. Miller, of Tippecanoe, be added to the Committee on Elections.
It was agreed to.
EVANSVILLE WAREHOUSE.
The SPEAKER announced the order of the consideration of engrossed bills from the Senate.
The joint resolution, [S. No. 10,] relative to the establishment of a bonded tobacco warehouse in Evansville, Indiana, coming up, and being ordered to the third reading, was read the third time and passed the House of Representatives without amendment--yeas 69, nays 2.
COMMON PLEAS.
On motion by Mr. GREGG the order of business was suspended, and the House took up the consideration of the Common Pleas Terms bill, [S. 55,] for the 5th Judicial District-the amendment being on the second reading.
On motion by Mr. GREGG, it was declared to be expedient to suspend the constitutional restriction, by yeas 68, nays 5, and the bill was ordered to the third reading, read the third time and finally passed the House of Representatives without amendment-yeas 74, nays 2.
OFFICIAL BONDS.
The bill [S. 23] to amend section 26 of the misdemeanor act of June 14, 1852, comic g up on the third reading, it was ordered to the third reading, read the third time, and passed the House-yeas 54, nays 19-amended so as to require all official bonds to be signed in the presence--of the commissioners executing them.
On motion by Mr. TRUSLER, the vote was reconsidered, and pending a motion to correct a clerical error-
On motion by Mr. BUSKIRK, the bill was referred to a select committee, with instructions to give its provision a general applications.
SCHOOL FUND.
Mr. Gregory, of Warren's, school fund loan bill [H. R. 38,] coming up, with the amend- page: 177[View Page 177] [amend]ments reported by the Committee on Education--the amendments were adopted.
Mr. NEWCOMB moved that it be referred to the Committee on the Judiciary, with instructions to invest this school fund in State bonds.
Mr. GREGORY, of Warren, and Mr. SPENCER opposed the motion.
Mr. NEWCOMB contended that such an investment of the fund would be best for the interest of the fund, and of the State at large.
Mr. BROWN. The object was that the fund should be so distributed in loans, as to accommodate the greatest number in every part of the State. To invest in bonds would be to derive the people of these accommodations of loans. He was also opposed to the bill. The security would be generally better for sums of $300 than for sums of $1,000.
Mr. STEWART hoped the reference would be made. The fund was lying idle in his county. Men were not willing to execute mortgage security for so small a sum as $300. The reason for the $300 loans had passed away.
Mr. BRANHAM hoped that the House would take no decisive action on the bill at present. There was a proposition pending in the Finance Committee of the Senate for the better management of all the public trust funds. He could demonstrate that five per cent, on our State bonds would be better than the nominal seven per cent, under the present system. Numerous borrowers of this school fund had been broken up. It was better to bring all our funds home.
Mr. NEWCOMB modified his motion so as to refer the bill to the Committee on Ways and Means.
Mr. SPENCER spoke in favor cf the bill. Its object was to give the poor man a chance as well the rich. Now the poor were better off and wanted more money, hence the reason for the bill.
Mr. BROWN still thought with the President of the United States, that a small debt was easier paid than a large one. He moved to lay the whole subject on the table, but withdrew for-
Mr. GREGORY, of Warren, the author of the bill. He had introduced it at the earnest re quest of petitioners. The extension of the amount to $1,000 did not preclude loans of $100 or any amount less than $1,000. He was opposed to investing in State bonds.
Mr. RHOADS said this question would have to come up again in its connection with another bill. He therefore moved to lay the subject on the table.
The motion was agreed to-affirmative 40, negative 28.
Mr. BROWN moved to reconsider the vote just taken, and to lay his motion on the table.
The latter motion was rejected.
Mr. B. then withdrew the motion to reconsider.
PRACTICE.
Mr. MILLER of Clinton's bill [H. R. 64] to amend the 405th section of the general practice act [allows a judgment to be kept alive by renewing the execution] coming up, it was read the second time, and ordered to be engrossed for the third reading.
ATTORNEY'S LIEN.
Mr. MILLER of Clinton's attorney's lien bill [H. R. 67] was read the second time and ordered to be engrossed for the third reading.
SAMUEL H. PATTERSON.
The Finance Committee's bill [H. R. 72] for the relief of Samuel H. Pattarson-it appropriates $2,091 34--coming up, it was read the second time by the Clerk,
Mr. HENRICKS proposed to amend by allowing Patterson an additional sum of $300 for expenses incurred by him on account of attorney's fees in the case.
It was agreed to; and so the bill was ordered to be engrossed.
The joint resolution for the relief of George W. Archer, [H. R. No. 11,] coming up, it was read the second time by the Clerk--it appropriates $50--and was ordered to be engrossed.
Mr. Newcomb's witness bill [H. R. 19] coming up, it was read a second time by the Clerk.
Mr. NEWCOMB said this was a bill amending the witness act of 1881--protecting the interests of widows and orphans. Now, a party bringing suit against an estate may come in himself and testify. The object of the bill was to prevent the plaintiff in such cases from being a witness. It places the law in regard to widows and heirs just where it is now in regard to administrators. He moved to suspend the constitutional restriction.
The motion was agreed to--yeas 49, nays 23--and then on his further motion the bill was considered as engrossed, ordered to third reading, read the third time and passed the House of Representatives--yeas 75, nays 2.
Mr. BRANHAM moved an order for an afternoon session this day.
The motion was agreed to, and it was so ordered.
On motion by Mr. RHOADS the House then took a recess till 2 o'clock, P. M.
AFTERNOON SESSION.
The SPEAKER resumed the chair at 2 o'clock P. M., and doubting in the matter, the roll-call ascertained that there was present a quorum to do business.
On motion of Mr. BRANHAM, the Committee on Elections had leave of absence for the remainder of this day.
Mr. Brown and Mr. Miller, of Clinton, also obtained leave of absence for the day.
SPECIAL COMMITTEES.
The SPEAKER announced the following Special Joint Committee on Security of Insurance: Messrs. Shuey, Coffroth and Chambers.
Special Committee on Statuary: Messrs. White, Hogate, Brown, Rhoads and Emerson.
Mr. Woods' enclosures bill, No. 29, coming up, it was read the second time and ordered to be engrossed.
Mr. Burns' exemption bill, No. 31, coming up, it was ordered to be engrossed.
Mr. Newcomb's soldiers' deposition bill No. 32, coming up, it was ordered to be engrossed.
Mr. Harrison's descents' bill, No. 33, coming up with the amendment, reported by the Committee on the Organization of Courts of Justice-inserting appropriately words to this effect: "and there being no children of the de- page: 178[View Page 178] [de]ceased husband from whom the property came to the widow."
Mr. DUNHAM. The amendment leaves it where the law now is. The amendment is right.
On motion by Mr. BUSKIRK, it was referred to the Committee on the Judiciary.
Mr. Kilgore's practice bill [No. 55] coming up-
Mr. DUNHAM made an ineffectual motion to lay it on the table. He saw not why these deputies and officers may not practice law as well as practice tillage. There was a good reason why a Clerk should not practice law. He was for the largest liberty in this, under the Constitution, which made every man a lawyer de legis if not de facto. Professionally, he feared nothing on the score of competition from lawyers de legis. God made lawyers de facto the Constitution the other class.
Mr. SPENCER knew Clerks now engaging in law practice.
Mr. BUSKIRK. The decision on the law of 1843 made them incompetent.
Mr. DURHAM. So far as Clerks were concerned, he concurred in the bill.
Mr. SPENCER thought the practice of law was just as incompatible with the position of county auditor, or county treasurer, as with the position of county clerk.
Mr. BUSKIRK saw little propriety in including county treasurers in the bill. There certainly were clerks engaged in law practice. In friendliness to the bill he proposed to add words to this effect:
"Provided, That any person holding any of the offices hereinbefore stated shall be permitted to close up the business they are now engaged in. But this shall not include permanent business, nor shall such persons be permitted to engage in any new business."
Mr. DUNHAM moved to refer the bill to the Committee on the Judiciary, with instructions to provide therein, that no officer having the custody of records or papers wherein litigants are interested shall be an attorney.
Mr. BUSKIRK thought it should be further provided that no officer should be permitted to practice in the county where he resides.
The bill and pending amendments were then referred to the Judiciary Committee, without instructions.
Mr. Coffroth's Conciliation Court Bill, No. 43, coming up, with a favorable committee recommendation, it was read the second time and ordered to be engrossed for the third reading.
Mr. Meredith's Road-toll Bill, No. 49, coming up, it was read and ordered to engrossment.
Mr. Stivers' Assessment Bill, No. 52, coming up, it was read the second time and ordered to be engrossed.
Mr. Howard's Township Election Bill, No. 53, coming up, with the committee's amendment reported yesterday-
Mr. DUNHAM opposed the amendment, which strikes out the provision increasing the term of the office of township trustee to two years.
Mr. GREGORY, of Warren, and Mr. FERRIS, concurred with Mr. Dunham.
Mr. LOCKHART supported the amendment. He spoke of the case of an incompetent trustee in his county. Such should not be fastened on the people by law for two or four years.
Mr. RIFORD. The trustee, if a good one, might be continued from year to year. The people wanted the liberty of turning out unfaithful and incompetent trustees.
Mr. SPENCER replied.
Mr. GLAZEBROOK thought one year's term was sufficient for a township trustee. If he is worthy, the people will gladly re-elect him.
The first amendment of the Committee, striking out the increase of the trustees' term, was agreed to--affirmative 37, negative 32.
The second amendment, striking out "$2 50"; and inserting "$2 00," [per diem,] being read-
Mr. BUSKIRK said he could get $2 00 for sawing wood.
The amendment was rejected-affirmative 32, negative 39.
Mr. SABIN proposed to allow Trustees six cents mileage to and from the county seat.
Which was rejected.
The bill was then ordered to be engrossed.
Mr. Woods's Calumet Canal bill. No. 55. coming up, it was read the second time an ordered to be engrossed.
Mr. Coffroth's bill, No. 57, to amend section 784 of the practice act(limitation for damages,) coming up--it was read again and ordered to engrossment.
Mr. Higgins's interest bill, No. 58, coming up with a favorable committee recommendation, it was ordered to be engrossed.
Mr. Newcomb's Railroad bill, No. 59, coming up, with a recommendation of amendments, clearing the State from liability, and seeming the protection of hydraulic power.
Mr. LOCKHART said there was a minority report, and, because there was no rule under which it could be entertained, he moved that the bill and proposed amendment be recommitted.
It was so ordered by consent.
Mr. BUSKIRK referred to the rule 59 governing the case.
Mr. TRUSLER (by consent) presented the petition of G. W. Shepherd and others, for protection for the canal hydraulic power:
Which was read and referred to the Committee on Railroads.
Mr. THACHER'S shade trees bill, No. 62 coming up with a favorable committee recommendation, it was read the second time.
Mr. CHURCH proposed to amend by inserting after "cities," the words "and incorporated towns:" which was adopted:
And so the bill was ordered to the engrossment.
Mr. GREGORY of Warren's soldier's county monument bill (No. 68) coming up, it was read the second time and ordered to be engrossed.
Mr. Grove's railroad branch bill, No. 75, coming up, it was read the second time and ordered to be engrossed.
THE BRIGHT LANDS.
Mr. Johnson's Jasper and Newton land No. 78, coming up, it was again read by Clerk.
Mr. DUNHAM was opposed to the for the right of pre-emption till the day of sale. page: 179[View Page 179] Its effect was to sell that land-- all that is good for anything--for $1 50 an acre.
Mr. JOHNSON explained the provisions of the bill. There were some three or four thousand acres of this land, derived from Michael G. Bright, as security for Col. May. The object of the pre-emption clause was to secure the rightful advantage of actual settlers over mere speculators. Better for the State that settlers be encouraged. It was simple justice to the settlers. The land, some of it, might be worth more than $1 50 an acre; much of it was water--worthless.
Mr DUNHAM. This land was taken at a valuation-he thought much higher than $1 50 an acre.
Mr. BRANHAM would not interfere with this bill, if he thought it legal. It was swamp land. Then the State ought to make the best of it. For that vast swamp land interest had been "swamped" by unfaithful public officers-a much deeper loss by public demoralization, than could be compensated by the value of the land itself.
Mr. DUNHAM. If the State make another injurious compromize, it will be loser to too large a portion of this fund, which was quite a large fund at the first. He would have a valuation before the sale of the land. He moved to lay the bill on the table--but withdrew the motion for--
Mr. JOHNSON. He moved that it be referred to the Committee on Rights and Privileges.
It was so referred.
Mr. Stringer's Supervisors' bill, No. 79 coming up, with the Roads Committee's amendment, striking out the emergency clause The amendment was adopted, and so the bill was ordered to be engrossed.
Mr. Meredith's high-school bill, No. 82, coming up-it was ordered to be engrossed.
Mr. Woods' Little and Grand Calumet canal bill, No. 86, coming up it was read the second time.
Mr. WOODS proposed to amend by adding:
Sec.- . It being necessary that this work should be commenced and completed as soon as possible, it is therefore declared that an emergency exists for the immediate taking effect of this act, &c.
The amendment was adopted, and so the bill was ordered to be engrossed.
Mr. Hershey's bill, No. 88, authorizing change of name by high-schools, &c., coming up-it was read the second time and ordered to be engrossed.
Mr. Groves' city railroad bill, No. 89, coming up-it was read the second time and ordered to be engrossed.
Mr. Cook's tobacco warehouse bill, No. 106, coming up-it was read the second time and ordered to be engrossed.
Mr. Church's consolidated railroad bill, No. 107, coming up-it was read the second time.
Mr. DUNHAM. This being a very important bill, he moved that it be laid on the table, and that 200 copies be printed.
Mr. BRANHAM moved that it be referred to the Committee on the Judiciary and printed.
Mr. DUNHAM acquiesced, and the latter motion was agreed to.
Mr. Cook's Tobacco Inspection bill, No. 122, coming up, it was read the second time, and ordered to be engrossed.
The Claims Committee's Northern Prison Appropriation bill, No. 133, coming up, it was read the second time. [It appropriates $64,105 91]
Mr. BOYD said there was an amendment by the gentleman from Jackson. The interest was blank.
The SPEAKER. There was no amendment in the files of the clerk.
Mr. BUSKIRK. What is the amount. Is the appropriation in the gross, or in detail?
Mr. BOYD. The amount was $64,105 91-the entire debt to that prison up to March 1,1863.
Mr. BRANHAM. The items were in the books of the Board of Control. He proposed that the further considertion of the bill be passed over.
The House acquiesced, and the bill was passed over.
Mr. SHUEY'S liquor bill [H. R.129,] coming up, was read the second time by the Clerk.
Mr. DUNHAM moved that it be referred to the Committee on Rights and Privileges.
Mr. BUSKIRK preferred that it be passed over till it can come from the printer.
Mr. DUNHAM acquiesced.
So it was passed over informally.
Mr. BRANHAM (by unanimous consent,) introduced a bill [H. R. 153.] for an act ratifying the action of the Governor in procuring an advance of $250,000 from the President of the United States for the preparation of troops for the service of the United States and for the defense of the State; directing the Governor to pay the unexpended balance thereof into the Treasury of the State, and to account for the amount thereof expended to the President of the United States as money advanced to the State:
Which was passed to the second reading, and referred to the Committee on the Judiciary.
And then--
On motion by Mr. BURNES-at 5 o'clock P. M.--the House adjourned till to-morrow morning at nine o'clock.
