HOUSE OF REPRESENTATIVES.
THURSDAY, March 2, 1865.The SPEAKER took the chair at 9 o'clock A. M., and directed the roll-call to determine a quorum.
On motion of Mr. BUSKIRK, the reading of the journal of yesterday was dispensed with.
REPORTS FROM COMMITTEES.
Mr. MILLER, of Tippecanoe, from the Committee on Ways and Means; returned his treasury bill [H. R. 195] with an amendment, inserting formal words after the title, and so recommending its passage.
Mr. NEWCOMB, from the Committee on the Judiciary, returned the bill (S. 63,) with amendments, striking out and inserting new matter after the enacting clause prohibiting all judges and county officers and their deputies from practicing law in any of the courts of the State, except as in this act provided, and providing a penalty of $500, and, so amended, recommending its passage.
He also reported a House bill on the same matter, recommending that it be laid on the table.
PUBLIC EXPENDITURES.
Mr. HIGGINS, from the Committee on Public Expenditures, reported their examination of vouchers for the expenditure of public moneys. The report states, that the disbursing officers have paid out $2,808 90 more than was by law appropriated. The money paid for the public printing for the last two years amounts to $70,035 90. The Committee recommended that a check be put upon these useless and wasteful disbursements-alleging that a great many orders were made for printing by the Legislature which were altogether useless. The Committee recommend a uniform rate of Sheriff fees for conveying convicts to the peni - page: 357[View Page 357] [peni]tentiary; and that nothing be drawn from the School Fund under the control of the Superintendent of Public Instruction, except. &c.
Mr. ABBETT, Mr. BUSKIRK, Mr. LOCKHART and Mr. BRANHAM had leave to present claims.
NORTHERN PRISON.
Mr. HIGGINS, from the Select Committee on Mr. Wright's resolution for converting the Northern Prison into a House of Refuge, reported that said committee, after a thorough examination find that the buildings of said prison have been erected with the design of making it a first class prison; and that the project of making it a House of Refuge is impracticable and inexpedient; and that the committee be discharged from the further consideration of the subject.
CLAIMS.
Mr. BOYD, (by consent,) from the Committee on Claims, reported adversely on certain claims of Merrill & Co., A. P. Newkirk, J. T. Smith, N. F. Cunningham, J. Mother, Lynch and others.
He recommended the allowance of the claims of Hall & Hutchinson, Munson & Johnson, McDonald & Roach.
He reported on the petition of Jacob Bramwell for the Jefferson County Agricultural Society, recommending that it take the same course of Morgan and other rebel raid claims, provision for which are being made in a bill now before the House.
Mr. SHUEY, from the Committee on Claims, reported the allowance of the claims of Peter Wilkins, J. L. Sailor, and Tousey & Byram.
Mr. SHUEY, from the Committee on Temperance, returned to the files sundry petitions, asking for a stringent liquor law, reporting for answer thereto, recommendation of the passage of his bill [H. R. No. 139--see page 169 of these Reports.]
INDIANA AGRICULTURAL COLLEGE.
Mr. BURTON, (by consent,) from a minority of the Committee on Education, submitted a minority report relative to the establishment of an Agricultural College, taking issue with the majority of the committee as to the location thereof, and recommending that said college be established (if any where) in connection with the State University at Blooming-ton; showing at length the advantages of that location over any other. The report being very lengthy, he was willing, by consent of the House, that it be laid on the table, without reading, with the understanding that it be taken up and considered in connection with the majority report, when the House shall take action on the bill.
On motion by Mr. NEWCOMB and Mr. BUSKIRK, it was accordingly laid on the table.
DEARBORN COMMON PLEAS.
On motion of Mr. FERRIS, the House now took up the consideration of the bill (S. 195) to legalize proceeding in the Dearborn county Common Pleas Court in February, 1865; and the same was passed to the second reading.
On his further motion, (the constitutional restriction being suspended for the purpose--yeas 77, nays 0,) the bill was read a second time by title, and ordered to the third reading.
On motion by Mr. MILLER of Tippecanoe, the House took up the consideration of the bill (S. 168) fixing the times of holding the Circuit Courts in the 12th Judicial Circuit, and the same was read and passed to the second reading.
THE PUBLIC DEBT.
Mr. BRANHAM (by leave) introduced a bill [H. R No. 201] for an act to provide for the adjustment of the outstanding debts of the State, and the investment of the school and trust funds of the State in stocks and bonds of the State, and to provide for the payment of the certificates of indebtedness of the State, under the arrangement made with the bondholders, by the acts of the Legislature approved January 27, 1847; and to create a Board of Finance, and prescribing the duties of said board, and matters properly connected therewith;
Which was passed to the second reading.
On motion by Mr. BRANHAM, it was ordered that 500 copies be printed--150 copies for the Senate, and 350 for the House.
UNIFORM RAILROAD RATES.
Mr. LOCKHART moved, and the House took up Mr. Reese's Railroad bill [H. R. 30-see page 65]--it requiring railroads to charge uniform rates for freight and fare. [The penalty is $20 to $100, not exceeding $500 ]
It was read the second time, with amendments reported from the Committee on Railroads.
The committee amendments were adapted.
Mr. SHUEY. The bill proposes that railroads may charge 15 per cent, more for way freight than for through freight. He thought it should be 25 or 30 per cent--enough to pay for the paper on which the bills are written.
Mr. LOCKHART. The committee were reluctant to go as far as 15 per cent. He explained.
Mr. SHUEY. There was not a more firm friend of the bill in the House; but he wished to avoid extremes.
Mr. BRANHAM was well satisfied that gross impositions had been practiced. He would have the bill referred to a select committee; but he would not be a member of it.
Mr. HENRICKS suggested an amendment reasonable rates for way freight.
Mr. WOODS proposed to add: "All railroads of the State shall have a Board of Directors and an office within the State."
Mr. KILGORE preferred immediate action. He would make but a small discrimination between local and through freights.
On motion of Mr. LOCKHART it was referred to a select committee of five.
SHERIFFS' FEES.
On motion of Mr. SIM the bill [S. No. 184] to amend section 5 of the set of March 2, 1855, regulating Sheriff's fees, [Raising fees-Sheriff's shall not be allowed fees on service by deputies when said deputies are receiving pay by the day in the county where the service is rendered.]
Mr. BROWN. It was but right and proper that the bill should be passed. He asked that it be read the second time now.
Mr. BUSKIRK. It had received the careful attention of the Senate.
page: 358[View Page 358]It was then declared expedient to suspend the constitutional restriction, by yeas 79, nays 0--and the bill was read the second time and ordered to the third reading.
On motion of Mr. NEWCOMB, the constitutional restriction was again suspended-yeas 82, nays 0; and the bill was read the third time and passed the House of Representatives-yeas 73, nays 3.
MR. LASSELLE.
Mr. COFFROTH rose to a question of privilege, having reference to the appointment of the select committee, raised by the resolution of Mr. Miller, of Tippecanoe, with reference to Mr. Lasselle's right to a seat on the floor of the House on account of his connection with a certain secret political order; and on account of the pressure of business near the end of the I session, the moved, as a member of that committee, that the committee be discharged from the further consideration of the subject.
Mr. MILLER, of Tippecanoe, explained and asked till Monday for action on withdrawal of the resolution. He would like to have the committee come together, and at least report that we have not had time to make examinations before asking to be discharged.
The committee was discharged accordingly.
COMMON SCHOOLS.
On motion of Mr. BRANHAM, the order of business was further suspended, and the House took up the consideration of the bill [H. R. 199] for the distribution (instead of the landing) of the interest on the sinking fund and other funds belonging to the common schools, and repeal, &c. It was passed to the second reading.
On his further motion, the Constitutional restriction was suspended--yeas 70, nays 0--and the bill was considered as engrossed, ordered to the third reading, read the third time and passed the House of Representatives-yeas 84, nays 0.
On motion by Mr. BRANHAM, the House took up the consideration of his bill, [H. R. 187,] (with reference to the same matter,) requiring the Commissioners of the State Debt Sinking Fund to make settlement with the Sinking Fund Commissioners, &c., (see page 304.).
The bill was read the second time.
Mr. DUNHAM did not think it right to account to the fund for the face of the paper. He would strike out "par value," and insert a clause to issue the bonds of the State for the prices paid for these stocks.
Mr. BRANHAM preferred that common schools should be benefitted by this bill, instead of the State. These stocks were worth 90 cents. He would increase the sources of the support of the schools, so as to avoid tax, &c.
Mr. DUNHAM. He objected to tying up so large a State debt. Under this bill, the State is committed to pay this, without contingency. It would be sufficient to simply reimburse the schools for what is actually paid out.
Mr. NEWCOMB explained the provisions of the bill.
The amendment was rejected.
On motion of Mr. BRANHAM, (the constitutional restriction being suspended for the purpose--yeas 81, nays 2--) the bill was considered as engrossed, ordered to the third reading, read the third time and passed the House of Representatives--yeas 73, nays 5.
CLERKS OF COURTS.
Mr. Speaker PETITT (Mr. Higgins in the the Chair,) asked unanimous consent to take up his bill [No. 156] imposing on clerks of the circuit courts the duty of preparing applications for back pay, back pay and bounties, balance of bounties, half pay and pensions, [see page 185 of these Reports.]
Mr. P. proceeded to state the provisions of the bill--precribing a uniform clerk fee of one dollar.
It then provides that the papers shall be transmitted to Washington and the claims paid and returned through the Circuit Court Clerks without fees. It is to avoid the system of brigandage which has grown up in regard to these claims in which over 100,000 volunteers are all interested.
Mr. RICE objected.
On the motion of Mr. PETTIT, the order of business was suspended--affirmative 53, negative 15--and the bill No. 156 was taken up and read the second time.
Mr. PETTIT moved to amend by inserting an enacting clause.
Which was agreed to.
Mr. PETTIT moved to fill the blank (salary for the agent at Washington) with $2,500.
Mr. SPENCER, saw no necessity for this legislation. The law of Congress was complete in this regard, and the man that disregards it is subject to fine.
Mr. RICE concurred with the gentleman from Posey [Mr. Spencer.] The Clerks would have to employ extra deputies. It was a wrong to require the Clerks to do this for inadequate fees. Each case might require four or five different applications. Then half these cases would perhaps require new application on account of the ruling in the Department at Washington.
Mr. SPENCER. Congress allows $10 for what this bill allows but $1.
Mr. RICE The agent at Washington would have to employ a corps of clerks who would have to be paid at a very heavy rate. He was for the bill, if it could be perfected by making it a State matter, providing for penalties against the sharks in this business of soldiers' claims.
Mr. BURWELL had some experience in this matter, and regarded the bill as unnecessary and sure to prove expensive.
Mr. PETTIT. In the act of Congress there was no restriction upon the fee for application for back pay and bounty. But he was corrector by Mr. Spencer in this. He then answered the objections. It was no matter of difficulty to fill twenty or thirty applications in a day; it contemplated that the applicant shall be present with his witnesses. It might prove an augmentation of three or four hundred dollars a year to the compensation of the Clerk. But the great object of the bill was to have early attention to all applications. It would shorten the time from ten or twelve months to perhaps three or four months. The presence of the page: 359[View Page 359] agent would command the attention of the Department at Washington.
Mr. COFFROTH had misgivings as to the Washington agency; but, upon the whole, he thought it best to try it a year or two. He spoke in favor of the bill, answering objections by Mr. Rice and Mr. Spencer. He would not fall into the error of inflicting the oppression of which our fathers complained, of "sending swarms of officers to harrass our minds and eat out our subsistence;" but he thought we ought to afford this one officer more for the benefit of those who have imperilled their lives for their country.
Mr. CHAMBERS was in favor of providing by law for these claimants to get their dues without the unreasonable charges to which they were now subjected. He would have a man in each county to attend to this business. He did notice the intermediary agent at Washington.
Mr. SPENCER said that under this bill, the County Clerk would have to take out license as a Claim Agent, and by so doing he would place himself in such a condition that he could not certify to any paper in the application.
Mr. GLAZEBROOK took the floor; when--
On motion by Mr. BROWN, the House took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
The SPEAKER resumed the chair at 2 o'clock P. M., and directed the roll-call to determine a quorum.
ACTS AND JOURNALS.
Mr. GRIFFITH (by consent) called up the concurrent resolution directing the Clerks of the several Circuit Courts to distribute the acts and journals of the General Assembly to township officers, and such other citizens as his judgment may direct.
It was adopted.
THE HOUSE CLERKS.
Mr. KILGORE submitted a preamble and resolution to the effect that Cyrus T. Nixon and the clerical corps of the House be each allowed $2 per day in addition to the compensation already allowed them.
Mr. ABBETT. How much is allowed now?
The SPEAKER. (Mr. Higgins in the chair.) Five dollars a day.
Mr. WHITESIDE. The House clerks had not consumed as much stationery as the clerical corps of the Senate, and as their work had been well and promptly done by a small number, it was no more than right that this allowance be made.
It was agreed to-affirmative 46, negative 22.
Mr. NEWCOMB moved the allowance of a dollar a day extra to the Doorkeeper and each member of the police of the House under him.
Mr. BRANHAM hoped it would not pass. We could find plenty to take these positions thankfully. He demanded the yeas and nays.
Mr. HENRICKS. What do they get now?
Mr. BRANHAM. Five dollars a day.
The yeas and nays resulted--yeas 28, nays 51.
So the resolution was rejected.
Mr. BRANHAM moved to reconsider the vote increasing the pay of the clerks. He was unwilling to squander the people's money at such a time as this. He had found that the extravagant appropriations for the expenses of the General Assembly, made at the beginning of the session, was insufficient, and the committee had to report an appropriation for the deficiency. He demanded the yeas and nays on the motion to reconsider.
Mr. BROWN moved to lay the motion to reconsider on the table.
Mr. BRANHAM demanded the yeas and nays.
The motion to lay the motion to reconsider on the table, was rejected-yeas 38, nays 48-and the question recurred on the motion to reconsider.
Mr SPENCER thought there was misunderstanding, and hoped the vote to reconsider would be agreed to.
Mr. BRANHAM. The present compensation was $5 a day. The resolution was to make it $7. He moved to reconsider wish the purpose to leave it at $5.
The vote resulted--yeas 55, nays 27--so the resolution was reconsidered.
Mr. BROWN moved to amend, by allowing the gentleman from Jefferson fifty cents a day, as extra compensation for his services as a member, which he subsequently withdrew.
Mr. KILGORE moved to amend the resolution by striking out $2 and inserting $1.
Mr. BURWELL moved to lay the resolution and amendment on the table.
The vote resulted--yeas 43, nays 45; so the resolution was not laid on the table, and the question recurred on the amendment.
Mr. BRANHAM moved to strike out all the corps except the Principal, the Assistant and the Reading Clerk; which he subsequently withdrew.
Mr. ABBETT. How many Clerks?
The PRESIDING OFFICER. Twelve or thirteen.
Mr. BRANHAM. Only 17 in the Senate.
Mr. BROWN moved to include the Doorkeeper and his assistants; and he demanded the previous question.
Mr. THACHER demanded a division of the question.
There was a second for the previous question.
Mr. BROWN'S amendment was rejected affirmative 27, negative 46
Mr. BANTA and Mr. OLLEMAN demanded the yeas and nays.
Mr. Kilgore's amendment was adopted--yeas 55, nays 31; and the question recurred on the resolution as amended.
Mr. STRINGER and Mr. GLAZEBROOK demanded the yeas and nays.
The resolution as amended, was adopted yeas 47, nays 37.
Mr. WHITESIDE moved to reconsider the vote just taken, and then to lay his motion on the table.
The latter motion was agreed to.
Mr. PETTIT called for the order of business--but gave way for--
SWAMP LAND BOOKS.
Mr. WHITESIDE, who, (by consent) called up the joint resolution [S. No. 11] to authorize the Governor to appoint some suitable person page: 360[View Page 360] to revise the swamp land books in the office of the Auditor of State.
Mr. WOODS proposed to amend by adding "prosecuted on behalf of the State by the Attorney General, who shall be allowed five per cent, commission on all such moneys recovered by him."
Mr. BROWN. It was the business of the Attorney General to prosecute these claims. He objected to offering inducements to public officers to do their duty. He moved to lay the amendment on the table.
It was so ordered:
So, the joint resolution was passed to the 3d reading.
SOLDIERS' CLAIMS.
Mr. PETTIT demanded the order of unfinished business, viz: the consideration of his bill, No. 156, Mr. Ferris having demanded the previous question on the bill and amendment.
Mr. FERRIS withdrew the demand.
On motion of Mr. PEITIT, the Clerk's fee was charged in the bill from "one" to "two" dollars.
He then renewed the demand for the previous question.
Mr. MILLER, of Tippecanoe, desired to move to make the salary of the Agent $2,000. [Cut off by the previous question.]
The pending motion to fill the blank pay of Agent, with $2,500, (under the pressure of the previous question,) was then agreed to; and so the bill was ordered to engrossment and third reading to-morrow.
AGRICULTURAL FAIRS.
On the motion of Mr. HARRISON, his Agricultural Fairs bill [H. R. No. 12, see p. 45,] with the committee's amendment thereto, was taken up.
Mr. HARRISON showed that the amendment was unnecessary. The bill, be showed, simply set out and defined suck acts as shall be held as "disturbance." The amendment was rejected; and then the bill was considered as engrossed, read the third time, and passed the House of Representatives--yeas 72, nays 0.
ANN VIZARD.
On the motion of Mr. BIRD (by consent) his bill, No. 71, for relief of Ann Vizard, was taken up.
Mr. BECKETT recited the facts in the case. They were not as recited in the bill. Some years ago he was employed to look after the interests of a person that had purchased this land from the heir of Mr. Curry. Curry left a cousin,, Mrs, Egan. Cousin sold it to Haffren. Haffren conveyed it to Hedrick. Subsequently, Ann Vizard, a niece of Curry, comes in and sets up the claim as heirship. False, because she failed in the case prosecuted by her against Haffren, while he owned the lands, to establish ber heirship. In that case it was proved Egan was cousin, &c., though there was no judgment in the case.
Mr. SHUEY. It was clear that there are heirs to this land, if it has not escheated to the State.
Mr. COFFROTH presented one item. This same Curry (the deceased) is said to have left an heir, Miss Aiken. But if, as it is alleged, that this Miss Egan is an imposter, then this Mrs. Vizard is acknowledged as of the blood of the deceased; is not to be estopped by escheat Mrs. Vizard commences her suit, and she is turned out of court because of alienage. It was to remove the difficulty as to alienage that the bill was introduced.
Mr. BIRD explained facts connected with proceedings in the Select Committee. Mrs. Vizard was a widow of a citizen of his county. it would make no difference to the school fund whether the bill pass or not. He hoped it would pass, so that Mrs. V. could go into the courts and assert her legal right.
The yeas and nays on the passage of the bill, resulted--yeas 34, nays 47.
So the bill was rejected.
Mr. OLLEMAN asked, ineffectually, for unanimous consent to take up his bill, No. 123, to declare forfeit the right of way of certain railroads.
On motion by Mr. DUNHAM, the Morgan raid bill, [S. No. 15 ] was taken up and made the special order at 7 1/2 o'clock to-night.
On motion of Mr. DUNHAM, it was ordered, that when the House adjourn, it shall be till 7 1/4 o'clock to-night.
LIMITATION.
The SPEAKER now returned to the calender, and Mr. Miller of Tippecanoe's bill, [H. R. No. 64,] to amend the 406th section, of the Practice Act--[After five years, execution shall not issue upon judgement without ten day's notice]--coming up--it was ordered to the third reading, read the third time and passed the House of Representatives--yeas 68, nays 6.
ATTORNEYS.
Mr. Miller, of Clinton's bill, [H. R. No. 67,] to entitle attorneys to hell liens on judgments--coming up--it was ordered to the third reading, read the third time and passed the House--yeas 57, nays 12.
COUNTY MONUMENT BILL.
Mr. Gregory of Warren's soldiers' monument bill [H. R. 68--see page 86] was taken up, ordered to the third reading, read the third time and passed-yeas 75, nays 0.
RAILROADS.
Mr. Groves' bill, No. 75, empowering railroads to build branches to neighboring coal mines, coming up--it was ordered to the third reading, read the third time and passed--yeas 71, nays 0.
HON. N. G. SHAFFER.
Mr. MILROY asked for unanimous consent to move an allowance of $118 50 to Lucy Shaffer for the funeral expenses of her late husband, Nelson G. Shaffer, deceased, late a member of this House.
Mr. STRINGER objected.
HIGHWAYS.
Mr. Stringer's Supervisor bill [H. R. 79-see page 103] coming up, it was ordered to the third reading and read the third time.
Mr. STRINGER asked to strike out so much of the bill as provides for the assesment of a special tax on each acre of land. He believed it was against the Constitution.
Mr. COFFROTH objected to striking out so as not to catch non-resident land owners, He believed there was now such a law.
page: 361[View Page 361]Mr. BUSKIRK. It had been decided unconstitutional.
Mr. GRIFFITH desired to offer an amendment: All road work shall be done between the first of May and the first of August, &c.
Mr. STRINGER. The bill was from the first of May to the 15th of August.
Mr. GRIFFITH acquiesced, and withdrew his amendment.
Mr. STRINGER. It increases the tax--not less than 10 nor more than 25 cents. It allows $1 50 per day. It requires two to four days for personal privileges. It secures the district tools for road working.
Mr. STRINGER'S amendment was then adopted. So, the bill passed the House--yeas 61, nays 7.
On motion of Mr. WHITESIDE, The House took a recess till 7 1/2 o'clock P. M.
NIGHT SESSION.
SPEAKER resumed at 7 1/4 o'clock P. M.
GRANT COMMON PLEAS.
Mr. JAMES asked and obtained leave te introduce a bill [H. R. 202] for an act to fix the times of holding the Common Pleas Court in the County of Grant, and to repeal all laws in conflict therewith:
Which was passed to the second reading.
Mr. JAMES and Mr. COFFROTH stated that there was a conflict as to the time of holding the Circuit and Common Pleas Courts in Grant county. They were both appointed to be held at the same time.
Mr. J. moved that it be declared expedient to suspend the Constitutional restriction, for the purpose of reading the bill the second and third times.
Mr. DUNHAM said his vote in the affirmative should not be taken as acquiescing in the ruling, that two motions could be taken under a single vote.
The SPEAKER stated that though he had doubted, his mind was now free from difficulty on the subject.
The restriction was suspended-yeas 68, nays 0.The bill was then read the second time by title, considered as engrossed, read the third time and passed the House of Representatives-yeas 70, nays 0.
Mr. DUNHAM called for the special order, but yielded to--
RAILROAD CONSOLIDATION-CINNCINNATI AIRLINE.
Mr. WHITESIDE. He moved for and obtained unanimous consent to take up the consideration of Mr. Church's railroad bill [H. R. No. 107 ]
Mr. LOCKHART proposed to amend, in section 2, by striking out the words "or intersect."
It was adopted.
Mr. DUNHAM proposed to amend the first section in the 12th line, by adding: "until the annual election by the stockholders." And striking out in the third line of the 4th section the words, "in perpetuity."These amendments were severally adopted.
The bill was then read the third time.
Mr. WOODS. Did he understand that this bill gave power to every railroad in the State to consolidate in one grand, great big monopoly? [Laughter--'No, no.'] He wanted every railroad comply to have a board of directors within this State.
Mr. WHITESIDE was frank to say that this bill was introduced to serve the Cincinnati Air Line road. He responded to the objections of Mr. Woods. Did not the gentleman hear the amendment offered by the gentleman from DeKalb? He also was ia favor of every rail, road coming into the State, having an office within this State. But simply because this bill does not contain this provision, it was not a consideration that should defeat it. The only new provision of law in the bill, was, to admit railroads of the State to consolidate with continuous lines running out of the State.
Mr. WRIGHT. While the Legislature holds the power to regulate the tariff, there was nothing to apprehend from the power of consolidation.
Mr. HENRICKS desired to offer amendments; but objection prevented--the bill having been read the third time.
Mr. KILGORE said it was time that we should be cautious of what we do in this direction. Twenty-five out of thirty of all the railroads in the State had passed into the hands of capitalists outside of the State. Resident stock holders will soon find that the controlling power has passed away from them. He gave examples. He appealed to gentlemen to protect the rights of citizens of Indiana. Already legislation in this direction was much needed. Every railroad bill of the session had been for extending the privileges of these corporations. He accepted only Mr. Lockhart's bill.
Mr. COFFROTH spoke in favor of the bill. Its provisions were that the company may fix the number of directors, because of the invalidity of the clause in the general railroad law. Then if a director die the county may fill the vacancy. And the other provision ot the bill was that our railroads may consolidate with any railroad running part in and part out of the State. These were the only features of the bill which distinguish it from the general railroad law. The bill makes almost every woodpile a station for shipping. And it allows damages for depreciation in the value of freight while it may be detained from shipment.
Mr. MILLER, of Tippecanoe, demanded the previous question,and there was a second, and under its pressure, the bill was rejected--yeas 22, nays 59.
Mr. HIGGINS made an ineffectual motion to take up the bill No. 27, to legalize records.
MORGAN AND OTHER REBEL RAIDS.
Mr. DUNHAM now insisted on the special order, viz: the consideration of the Morgan raid bill [S. No. 15--see page 34 ]
On motion by Mr. DUNHAM, (it being declared expedient to suspend the constitutional provision for the purpose--yeas 67, nays 7,) the bill was read the second time by title, [and by unanimous consent the suspension was understood to carry the bill to its passage.]
Mr. DUNHAM had intended to answer Mr. Shuey's opposition to the bill. But be would page: 362[View Page 362] not now take up the time of the session. The bill, he thought, was carefully prepared, am he supposed it could be passed without extended discussion.
The committee had proposed to amend by striking out "one," and inserting "three" commissioners.
Mr. BUSKIRK explained the amendments.
Mr. DUNHAM believed the amendments judicious; but considering the lateness of the period of the session, perhaps it were better to pass the bill without amendment.
Mr. COFFROFH moved to postpone the bill and make it the special order for to-morrow morning 10 o'clock.
Mr. GRIFFITH proposed an amendment which was read for information:
Any citizen of Indiana, who has at any time aided the enemy, shall not ba entitled to receive compensation for damages as provided in this bill.
Mr. DUNKIRK. There was already a clause to that effect in the bill.
The House refused to postpone.
Mr. DUNHAM said this amendment for to conventions had been distinctly voted down in the Senate.
The amendment was adopted. The next amendment. The Commission shall examine the claims of Railroad Companies, take the testimony and report the same for the action of future legislation of the State or of the future General Government, was adopted.
The further amendments, (merely verbal, were concurred in.
The last, amendment--to section 9--dividing the claims into classes, as to injury done respectively by troops under order of State officers, Federal officers, and rebels, being read--
Mr. BUSKIRK explained that he had copied this provision from the Ohio legislation on this subject.
It was adopted.
The next amendment proposed to change the per diem of the Commissioners from $8 to $6, being read--
Mr. THACHER ineffectually proposed $5.
The committee amendments were then adopted, and further literal amendments re parted by the committee were concurred in.
Mr. BROWN earnestly desired the passage of the bill. But he did not think it policy to press the final vote to-night.
Mr. PETTIT accepted the principle on which the bill is based--that these losses shall be borne by all. But no improper burdens would be thrown upon the State. He would avoid the aggregation of these claims in the hands of assignees. To guard against this he proposed an amendment to this effect:
It shall not be lawful for any person to receive any warrant for allowance under this act until he shall have filed his affidavit to the effect that he is the original claimant, and has not sold or transferred the same to any person whatever, and does not intend to do so; and any such transfer shall vitiate the claim.
He thought this a better provision than a mere naked prohibition, without any penalty.
Mr. BROWN now suggested that the bill be read the third time and then passed over.
Mr. PETTIT. Then, better not read it the third time.
Mr. BUSKIRK suggested whether there should not be some provision made for those who have gone into the army and left a power of attorney for others to look after the matter for them.
Mr. DUNHAM concurred in the amendment of the gentleman from Wabash, [Mr. Pettit] and the suggestion of the gentleman from Monroe, [Mr Buskirk.]
Mr. BUSKIRK stated the provision of the bill, which limits the aggregate amount that shall be allowed by the Commissioners, to $300.
The subject was then made the special order for to-morrow morning at 9 1/2 o'clock.
STATUTES.
On motion of Mr. BUSKIRK, the House took up Mr. Gregory of Warren's bill [H. R. 197] for the copyright of Gavin and Hord's Revised Statutes of Indiana; and it was read the second time.
Mr. BRANHAM was opposed to the bill.
Mr. PETTIT put several interrogatories with reference to this purchase. The naked copy right could do the State no good, unless we go on and print the book.
Mr. MILLER, of Tippecanoe. Why should the bill prohibit the printer from selling the book for less than $2.
Mr. GREGORY, of Warren, said he had suggested the purchase; but the bill was reported by the Judiciary Committee. Its object was economical. He would be willing to lay it over till to morrow.
Mr. GLAZEBROOK moved ineffectually for indefinite postponement.
It was then postponed till to-morrow at 11 o'clock A M.
THE BRIGHT LANDS.
On motion of Mr. JOHNSON, his bill [H. R. No. 78] for the sale of the State lands in the counties of Jasper and Newton at public outcry, provided said lands shall not be sold for less than $1,50 per acre the first time they are offered for sale, and providing for right of pre-emption at the same price. Lands unsold one year from the time they shall be first offered maybe sold for one dollar an acre.
Mr. MILLER, of Tippecanoe, proposed an amendment inserting "and of Aquilla Jones, and adding a section in regard to bonds.
The amendments were adopted.
The bill passed the House--yeas 68, nays 1.
THE CALENDAR--SUSPENSIONS.
On motion hy Mr HARRISON, Mr. Osborn's bill [H. R. 173] relative to shade and ornamental trees, was taken up and read the second time.
Mr. SULLIVAN, of Vanderburg, called up the bill [S. No. 135,] to amend the charter of the city of Evansville, and it was read and passed to the second reading.
On motion by Mr. NEWCOMB, the House took up Mr. Trusler's bill [H. R. 167,] putting a limitation of pay for services in obtaining the substitutes and volunteers [see page 244]: and the same was passed to the third reading.
On motion by Mr. NEWCOMB, the bill [S. 181] so amend the charter of the Indiana Female College so as to enable its Trustees to larger amount of real estate--not exceeding page: 363[View Page 363] $200,000 value--was taken up and passed to the second reading.
On motion by Mr. GRIFFITH the bill [S. No. 20] to amend sections one and two of the act fixing the per diem and mileage of members of the General Assembly. &c. was taken up. [Per diem of members $5--officers $4 ]It was passed to the second reading.
On motion cf Mr. CHAMBERS, the bill (S. 92) authorizing street railway companies to use state or county roads by obtaining the consent of county commissioners and of the directors of the road, if chartered, was taken up and passed to the second reading.
On motion of Mr. SULLIVAN of Scott, the [S. 62] bill to amend the 13th section of the Plank, McAdam and Gravel Road act--raising tolls--was taken up and ordered to engrossment.
On motion of Mr. WRIGHT, the bill [S. No 56] to amend the 20th and 21st sections of the township trustees' and supervisors' act, and making farther provisions on the same subject, was taken up and passed to the third reading.
On motion by Mr. RICE, the Senate bill [S. 178] subjecting the rights of the State to the rights of individuals in the matter of forfeited recognizances, [for relief in a case at Evansville,] was passed to the second reading.
On motion of Mr. KILGORE, the House took up his bill, No. 114, relative to the salaries of public officers, and it was read the second time.
Mr. MILLER of Tippecanoe and Mr. GRIFFITH desired to offer amendments.
The Senate joint resolutions No. 2 and No. 3 for amendment; of the State Constitution so as to allow cities and towns to tax for school purposes, were passed to the second reading.
On motion of Mr. THACHER, it was ordered that when the House adjourns, it shall be till 8 o'clock tomorrow morning.
On motion of Mr. BUSKIRK, the bill [S. 63] prohibiting judges, clerks, &c., from practicing law, was taken up and passed to the second reading.
On motion of Mr. BUSKIRK, the bill [S. 133] fixing the terms of the Circuit Court in the 3d Judicial Circuit, was passed to the second reading.
On motion of Mr. REESE, the bill [S. 99] requiring indexes of records, was taken up and passed to the second reading.
On motion of Mr. BUSKIRK, the bill [S. 101] with reference to the publication of the decisions of the Supreme Court-was taken up and read the second time.
On motion by Mr. OSBORN the bill [S. 100 ] fixing the compensation ot Township Assessors was taken up, and passed to the second reading.
On motion by Mr. CHAMBERS, the Road Viewers' bill [S. 191,] was taken up and passed to the second reading.
Mr. CHAMBERS submitted an order, directing the Clerk to cause to be printed three hundred copies of the list of names of members and officers of the House of Representatives: which was adopted.
And then--at 10:30--on motion by Mr. OSBORN, the House adjourned till 8 o'clock tomorrow morning.
