HOUSE OF REPRESENTATIVES.
SATURDAY, November 18, 1865.The House met at 9 o'clock A. M., when the SPEAKER resumed the Chair, and directed the Clerk to call the roll to determine a quorum.
It being ascertained that 67 persons were present -
The SPEAKER directed the reading of the Journal of yesterday.
On motion by Mr. NEWCOMB, the journal was authenticated without reading.
[A formal message from the Senate by Mr. Wilson, their Secretary, was now announced and read to acquaint the House of the action of that body on sundry propositions.]
PETITIONS AND MEMORIALS.
Mr. COX presented sundry memorials with reference to amendments of the Liquor law from the people of Greensboro', Henry county; Medaryville, Pulaski county, &c., which, without reading, were referred to the Committee on Temperance.
Mr. FOULKE and Mr. SIM presented memorials on the same subject; and Mr. KILGORE presented a similar paper, which, with the signatures annexed, he said was just ten feet long.
They were severally, without reading, referred to the Committee on Temperance.
Mr. ABBETT, Mr. BIRD, Mr. ATKINSON and Mr. KILGORE each presented petitions from their respective County Boards, asking for the repeal of the soldiers' relief law of last session, excepting so much thereof as authorizes the collection of taxes on the duplicate of 1865, and praying that said money so collected be placed as county revenue in the treasuries of tbe several counties where collected, &c.
These petitions were severally referred to the Committee on Ways and Means.
APPORTIONMENT OF REPRESENTATION.
The SPEAKER announced the following:
Committee on State Apportionment, under a recommendation reported from the Committee of the Whole House:
Messrs. Church, 9th District; Richardson, 1st page: 65[View Page 65] District; Groves, 2d District; Boyd, 3d District; Stenger, 4th District; Trussler, 5th District; Olleman, 6th District; Veach, 7th District; Stringer, 8th District; Shoaff, of Allen, 10th District, and Stivers, 11th District.
REPORTS FROM COMMITTEES.
Mr. NEWCOMB, from the Committee on the Judiciary, returned Mr, Kilgore's bill [H. R. 35] to prevent county officers and their deputies from practicing law, and prescribing penalties recommending that it be idefinitely postponed the subject matter of the bill having been embraced in an act passed at the last session.
Mr. BUSKIRK said the act of the last session was defective and could not be executed. He would not therefore have the subject passed entirely beyond the control of the House. So on his motion, the bill and report were laid on the table.
POLL TAX EXEMPTION.
Mr. NEWCOMB, from the same Committee, returned Mr Gregory of Warren's bill [H. R. 28] for exemption of citizens who have been soldiers in the service of the United States from the payment of poll tax, recommending definite postponement - the subject matter of the bill having been passed upon at the last session.
It was accordingly postponed.
TURNPIKE ELECTIONS.
Mr. HOWARD from the same Committee returned Mr. Foulke's bill [H. R. No. 139] to enable turnpike directors to change the time of their election, with an amendment adding to the last clause this:
"Provided such time shall not be fixed more than ninety days beyond the time now designated for such election in the act or acts of incorporation under which said company exercises its corporate powers."
COMMON SCHOOLS.
Mr. GREGORY of Warren, from the Committee on Education returned his negro common school bill [H. R. No. 208] with the following amendment.
After the words "provided always," in the 8th line of the 4th page, amend so that the same shall read as follows:
"That the school trustees shall make provision for the education of the colored children in the respective townships, towns and cities; and in any case wherever fifteen or more colored children have been, or can be, enumerated for one school house, the trustees shall provide a separate school for the colored children unless they are or can be otherwise provided for. And that for the maintainance and support of such schools they shall be entitled to their equitable portion of the school revenue. And it is hereby made the duty of each trustee in every township, town and city of the State to take an enumeration of the colored children therein, between the ages of six and twelve years, under the same rules and regulations as is prescribed in the 14th section of the act to which this is an amendment, for the enumeration of the white children of the State."
Under the rules of the House, the foregoing reports lie on the table.
Mr. MAJOR, from the Committee on Fees and Salaries, returned Mr. Kilgore's salary bill [H. R. 114] recommending its indefinite postponement.It was accordingly postponed.
NEW BILLS - WILLS.
Mr. MEREDITH introduced a bill [H. R 219] for an act to repeal sections 43 and 44 of the act prescribing who may make a will and what may be devised and the effect thereof; the admission to probate and the effect thereof, &c.
It was referred to the Committee on the Judiciary.
GRAND JURIES.
Mr. BUSKIRK introduced a bill [H. R. 220] for an act to limit the number of grand jurors and to point out the mode of their selection defining their jurisdiction and repealing all conflicting laws, so as to give grand juries in the Courts of Common Pleas and Justices of the Peace in cases of misdemeanor where the penalty does not exceed three dollars.
Mr. B. proposed on Tuesday morning to have a test vote on this bill, because if this bill passes a number of provisions in our statutes will have to be changed.
It was passed to the second reading.
LANDLORDS.
Mr. GREGORY, of Warren, introduced a bill [H. R. No. 221] for an act to amend the 17th section of An act containing several provisions regarding landlords, lessors and lessees, approved May 28, 1852. [Landlords, &c., may hold liens on growing crops which shall not be impaired by any credit of the tenant.]
It was referred to the Committee on the Judiciary.
REDEMPTION.
Mr. NEWCOMB introduced a bill [H. R. No. 222] for an act extending the time for the redemption of real estate sold by the Commissioners of the Sinking Fund, and providing that notice shall be given mortgagors or their assignees in cases where sales have been made. (It extends the time from sixty to ninety days )
It was referred to the Committee 6n the Sinking Fund.
PROTECTION OF BIRDS.
Mr. COX introduced a bill [H. R. No. 223] for an act to prevent the killing of birds.
[It shall not be lawful for any person at any time to kill or pursue with intent to kill on the premises of another, or on any public highway or common, any sparrow, robin, bluebird, martin, thrush, mocking-bird, swallow, meadow lark, oriole, red-bird, cat-bird, jay bird, pewee, barn-swallow, dove or flicker. Penalty not less than two dollars nor more than ten dollars.]
It was referred to the Committee on Agriculture.
DOCKET FEES.
Mr. BURNES introduced a bill [H. R. 224] for an act to regulate the docket fees for prosecuting attorneys in the Circuit and District Courts, and of attorneys in the Courts of Common Pleas and before Justices of the Peace. page: 66[View Page 66][For conviction in the Circuit Courts on a plea of Guilty five dollars; of Not Guilty ten dollars In cases of bastardy before the Circuit Court, on conviction, ten dollars. Cases before a Justice of the Peace, on a plea of Guilty, three dollars; of Not Guilty, five dollars - five dollars fee on each forfeited recognizance ]
The bill was referred to the Committee on Fees and Salaries.
Mr. RICE introduced a bill [H. R. 225] for an act to amend section 1 of the Act to enable illegitimate children to inherit in certain cases, approved February 10, 1853. [It changes the wording of the section; "where a man dies without heirs," so as to read, "where a man dies without legitimate children," etc ]
The bill was referred to the Judiciary Committee.
STATE PRISON NORTH.
Mr. COFFROTH submitted a resolution directing the Committee on the State Prison North to inquire into the expediency of fixing by law the distances from the several counties in the State to said prison, whereby. the mileage of Sheriffs conveying convicts to said prison may be determined.
It was adopted.
SCHOOL MONEY.
On motion of Mr. RHOADS, the regular order of business was suspended, and the House took up the consideration of his bill [H. R. 199] to provide for the distribution of the interest on the School, Sinking and Trust Funds, for the support of Common Schools.
The bill comes back from the Senate with an amendment, striking out the word "Funds," and inserting " revenue " in lieu.
The amendment was concurred in.
LEGISLATIVE EXPENSES.
On motion of Mr. COFFROTH, the regular order was further suspended and the House took up the bill [S. 202] making specific appropriations from the State Treasury, [described in the foregoing proceedings of the Senate,] and it was passed to the second reading.
On his further motion the constitutional restriction was suspended - yeas 73, nays 0, and the bill was read the second time and passed to the third reading.
Mr. COFFROTH again moved a suspension of the constitutional restriction in order that the bill might be put on its final passage.
Mr. NEWCOMB said: whilst the law provided four dollars a day for clerks and other attaches of the General Assembly, he saw in the proceedings of the Senate already in this session, that they had passed resolutions allowing their discharged clerks and employes five dollars a day. He thought we should prevent this giving a greater compensation than the law allows, by prohibiting the Auditor from drawing his warrant in favor of cases where the legal compensation may have been exceeded by resolution. He moved its reference to the Committee on Ways and Means.
Mr COFFROTH doubted whether a mere resolution in either House could change a law.
Mr. NEWCOMB. It always has been done.
Mr. COFFROTH. Well, precedent goes a great way to show what a law is, but still I doubt whether it can change or establish the law. But he did not desire to press his motion.
Mr. GRIFFITH preferred to amend the bill now. He moved to allow the elective officers of the House each five dollars a day.
Mr. LANE would like to have the bill passed so that the displaced officials of the Senate might be paid off to-day.
Mr. COFFROTH stated that the compensation of the elective officers of the House was established by law - four dollars a day for the time actually engaged in service.
Mr. GRIFFITH. That settles the question. He withdrew his amendment, and hoped the gentleman from Marion would withdraw his motion.
Mr. ABBETT. It was plain that if the bill was amended it cannot become a law to-day.
Mr. NEWCOMB declined to withdraw his motion, and if that should be voted down he would offer an amendment. He deprecated tbe unseemly haste with which successive Legislatures here were accustomed to hurry through bills in the fore part of the session, appropriating $50,000, $75,000 or a $100,000 to pay the expenses of the General Assembly, upon the plea of necessity and poverty. Gentlemen need not tell him that our employes, or even members themselves, are so strapped that they cannot remain here over Sunday without starving.
Mr. KILGORE. I am strapped, and the gentleman cannot dispute it.
Mr. NEWCOMB. Then the gentleman ought to be strapped; but he doubted not but that, upon representation of his case to-night, the Peru Railroad superintendent would give him a free pass home. Mr. N. appealed again to the recollection of gentlemen for the fact that this law of compensation never has been recognized by either House of the General Assembly. He cited cases, and said he did not want to be hounded by employes as we were last session, coming to us, and begging us, for God's sake, to increase their pay, when they are paid more than members themselves.
Mr. BROWN was a little like the gentleman from Delaware, but with this advantage: he had a credit circumscribed by no narrow limits. He hoped the gentleman from Marion would not try to scare the House by telling us he will submit amendments; because the House can dispose of his amendments as well as his motion. He was disposed to give to every bill all due consideration; but here is a bill coming from the Senate - a body of men of equal experience, ability, knowledge and judgment, with ourselves - it has been carefully considered - it has been considered by their Committee, and he did not think the gentleman from Marion or any other gentleman would be likely to make it any better. The gentleman had talked about the law being violated. He did not care how strong you make the bill, it will still be violated if the House desires it - the courteous House will still give their page: 67[View Page 67] officers an increased per diem if they please. Until you make a positive law declaring that the House shall not pass these corteoua resolutions, or until gentlemen get better sense, they will continue to pass them. But he considered that these gentlemen who had been laboring for the State of Indiana should have their pay, so that they may settle their board bills, and not be thrown out in the cold.
Mr. BUSKIRK. The gentleman, his friend from Marion, forgets one thing - he is here at home, has no board bill to pay - and there is this difference between himself and others here who have left their homes and made their arrangements for family expenses for these forty days, requiring a considerable outlay of money at once. Mr. B referred also to the displaced officials of the Senate, of whom he was advised there was quite a number, without the means of getting home. He did not think they ought to be kept here any longer. Then he could estop the gentleman from Marion's complaint about resoluuons over-riding law, by reference to a report which he made in the close of the last session as Chairman of the Committee on the Judiciary. At the close of the last session, when a certain appropriation bill failed, he (Mr.B ) introduced a resolution inquiring of the Judiciary Committee whether it was not competent for the House to pay money by resolution which had been appropriated in that bill. And the Judiciary Committee reported that it was; and so we paid a large portion of the appropriation bill in that way. And if the Chairman on Ways and Means is not very much mistaken, and I am not at fault in my estimates, the gentleman from Marion will still have another opportunity to insert his proviso in another appropriation bill before this session closes; for I think this sum of $50,000 will be wholly insufficent and another appropriation will have to be made to pay the expenses of this session of the Legislature.
Mr. KILGORE moved to lay the motion on the table.
It was agreed to.
Mr. BROWN demanded the previous question, on Mr. Coffroth's motion to suspend the constitutional restriction.
The SPEAKER said, the amendment will have precedence.
Mr. NEWCOMB now submitted his proviso, to come in at the end of the second section, to this effect: "That it shall not be lawful for the Auditor of State to draw his warrant in favor of any employee of the General Assembly for the payment of any per diem authorized by resolution of either House,not provided for by law," &c. And he proposed further to amend, by adding a clause allowing to the principal clerks and doorkeepers each five dollars a day.
Mr. COFFROTH submitted whether the amendment to fix the pay of officers was germain to the proposition.
Mr. NEWCOMB. That thing has been done over and over again, and is done by this very bill.
Mr. GRIFFITH accorded the principle of the amendment, and pledged himself to support it, if the gentleman would make it a separate bill.
Mr. KILGORE moved to lay the amendments on the table.
The yeas and nays being demanded, ordered and taken thereon, resulted - yeas 49, nays 25 - as follows:
YEAS - Messrs. Abbett, Bird, Bonner, Brown, Burnes, Burwell, Buskirk, Caldwell, Chambers, Church, Coffroth. Collins, Cox, Crook, Davidson, Ferris, Glazebrook, Goodman, Gregg, Gregory of Warren, Griffith, Hamrick, Hargrove, Hersey, Hoover, Humphreys, Hunt, James, Kilgore, Lane, Lemon, Litson, Lopp, Meredith, O'Brien, Osborn, Patterson, Perigo, Pinney, Reese, Richards, Roach, Shoaff, of Allen, Shuey, Stuckey, Weikel, White, Woods, and Zeigler - 49.
NAYS - Messrs. Atkinson, Boyd, Cowgill, Foulke, Gleason, Gregory of Montgomery, Groves, Henricks, Higgins, Hogate, Major, Miller, Montgomery, McVey, Newcomb, Olleman, Rhoads, Rice, Riford, Sabin, Stringer, Sullivan of P. & V , Upson, Welch, Wright, and Mr. Speaker - 25.
So the amendments were laid on the table.
Mr. Coffroth's motion to suspend the Constitutional restriction was then agreed to by unanimous consent, and the bill being read the third time, it was passed the House of Representatives - Yeas 55, nays 15 - as follows:
YEAS - Messrs. Abbett, Atkinson, Bird, Brown, Burnes, Burwell, Buskirk, Caldwell, Chambers, Church, Coffroth, Collins, Cox, Crook, Davidson, Ferris, Glazebrook, Goodman, Gregg, Gregory, of Warren,Griffith, Hamrick, Hargrove, Henricks, Hershey, Hogate, Hoover, Humphreys, Hunt, James, Kilgore, Lane, Lemon, Litson, Lopp, O'Brien, Olleman, Osborn, Patterson, Perigo, Pinney, Reese, Richards, Roach, Sabin, Shoaf of Allen, Shuey, Stuckey, Veach, Weikel, White, Wright, Woods, and Zeigler - 55.
NAYS. - Messrs. Boyd, Cowgill, Foulke, Gleason, Gregory of Montgomery, Groves, Biggins, Major, Miller, Montgomery, McVey, Newcomb, Rhoads, Rice, Stringer, Welch, and Mr. Speaker - 15.
COMMON PLEAS.
The SPEAKER returned to the regular order of business; and Mr. James' bill [H. R. 210] fixing the time of holding the Court of Common Pleas in the County of Grant, was considered and passed to the third reading.
ANNUAL SESSIONS.
Mr. Griffith's joint resolution [H. R No. 17] to amend section 9, article 4, of the Constitution of the State, so as to provide for annual sessions of the General Assembly, coming up on the second reading -
Mr. STRINGER moved to refer it to the Committee on the Judiciary.
Mr. GRIFFITH hoped no reference would be made, but that the House would allow it to pass to the third reading, because it had a tedious road to run. He stated that the proposition had the personal approval of Governor Morton.
The House divided on Mr. Stringer's motion to refer, and no quorum voting -
On motion of Mr. SHUEY, the House (under the order of yesterday,) adjourned till Monday 2 o'clock p. M.
