HOUSE OF REPRESENTATIVES.
TUESDAY, November 28, 1865.The House met at 9 o'clock A. M.
The SPEAKER having determined a quorum by the roll-call, and directed the Clerk to read the journal of yesterday -
On motion by Mr. HOOVER, the reading of the journal was dispensed with.
On motion by Mr. HAMRICK, Mr. James had leave of absence on account of illness.
PETITIONS AND MEMORIALS.
Mr. CHURCH presented a petition signed by 150 persons praying for the substance of Mr. Shuey's Temperance bill.
Temperance memorials were also presented by Messrs. TRUSSLER, STUCKEY, ABBETT, LANE, ATKINSON and HARRISON, which were, severally referred to the Committee on Temperance without reading.
Mr. HARRISON presented the petition of a number of citizens of Miami county, asking that it may be declared a misdemeanor for Railroad Conductors to obstruct with cars the crossing of highways. It was referred to the Committee on Railroads.
Mr. MAJOR presented a petition of sundry citizens of Morgan county, which, without reading, was referred to the Committee on Education.
REPORTS FROM COMMITTEES.
Mr. NEWCOMB, from a majority of the Committee on the Judiciary, returned Mr. page: 112[View Page 112] Meredith's Joint Resolution [H. R. No. 1] for amendment of the Constitution by striking out the XIIIth Article thereof, recommending its passage without amendment.
Mr. BROWN subsequently submitted a minority report recommending indefinite postponment.
He also returned the bill S. 108 amendatory of the Divorce act of May 13, 1852, with an amendment after the word " Courts " inserting this: "and Courts of Common Pleas." And striking out " freeholder."
He also returned Mr. Gregory of Warren's bill [H. R. 204] legalizing real estate sales by commissioners, guardians, etc., under order of Court, etc., with a recommendation that it be laid on the table.
Mr. GREGORY, of Warren, said the bill was introduced by him to remove doubts.
Mr. NEWCOMB cited a decision of the Supreme Court, in the case of Wilkins against Fall, which justified the recommendation of the committee.
The report of the committee was concurred in - affirmative 59, negative 9.
Mr. NEWCOMB, from the Judiciary Committee, returned the bill, S. 13, to amend the 17th section of the Act for the organization of County Boards, reporting that legislation at the last session on the subject matter of the bill rendered further legislation inexpedient; they therefore recommended indefinite postponement.
The report was concurred in.
He also returned Mr. Gregory of Warren's fee and salary bill, No. 34, recommending its passage.
He also returned Mr. Gregg's liquor bill, H. R. 249, recommending its passage.
Mr. COFFROTH, from the Judiciary Committee, returned his guardians bill, H. R. 238, recommending its passage.
Mr. HOWARD, from the Committee on the Organization of Courts, returned Mr. Shoaff of Allen's bill, No. 181, a majority of the Committee recommending an amendment in section one, adding, "such clerks shall be entitled to fifteen cents for every hundred words," etc., and other amendments clerical - striking out $100 penalty, and inserting, "shall be liable to action on his official bonds," etc.
Mr. GREGORY, of Warren, from the Committee on Education, returned Mr. Rhoads' school bill, H. R. No. 245, recommending its passage, with an amendnient in section 10 with regard to fees relating to mortgages on loans, which shall be paid by the borrower.
Mr. BOYD, from the Committee on Claims, reported for the payment of the claim of Jones, Hess & Davis, of $15, and H. E. Vinton & Co. for $3. It was referred to the Committee on Ways and Means with instructions to incorporate the same in the specific appropriation bill.
Mr. MAJOR, from the Committee on Fees and Salaries, returned the bill, S. 120, empowering District Attorneys to administer oaths, recommending its passage.
Mr. HENRICKS, from the Committee on Corporations, returned the bill, S. 199, to amend the charter of the Indianapolis Insurance Co., recommending its passage with the amendments pending.
All favorable reports lie on the table, under the rule.
NEW BILLS.
Mr. TRUSLER (having been requested to do so) introduced a bill [H. R. 250] for an act for the incorporation of Hydraulic Companies, and defining their powers and duties. [Any 10 persons writing and subscribing Articles of Association, and filing the same with the County Recorder - file record of number of shares - elect five Directors, &c.]
It was referred to the Committee on Corporations.
Mr. SIM introduced a bill [H. R. 257] for an act requiring Railroad companies to furnish transportation to persons desirous to ship live stock on their roads, and requiring said companies to charge uniform rates therefor. [Any road failing to comply shall be liable to the extent of the damage such person or persons may sustain by depreciation in the value of stock on account of delay, &c. - penalty not less than $50 nor more than $500.]
It was referred to the Committee on the Judiciary.
Mr. MILROY submitted a resolution that the Committee on Railroads be instructed to report a bill compelling all Railroad Companies in this State to carry all freight that may be demanded by the people of this State.
It was adopted.
Mr. COX introduced a bill [H. R. 258] for An Act to amend section 14 of the act for a more uniform mode of doing tovynship business, prescribing the duties of certain officers in connection therewith, and repealing, etc., approved February 18,1859. [It affects compensation, etc.]
It was referred to the Committee on County and Township Business.
Mr. LOPP submitted the following, which was adopted:
Resolved, That the Committee on County and Township Business be instructed to inquire into the expediency of reducing the number of Justices of the Peace and Constables to one in each township, and report by bill or otherwise.
Mr. UPSON introduced a bill [H. R. 259] for an act to fix the time of holding the Court of Common Pleas in the county of Kosciusko.
It was referred to the Committee on the Organization of Courts.
Mr. GREGORY, of Warren, introduced a bill [H. R. 260] for an act to provide compensation to the owners of animals killed or injured by the rolling stock of any railroad company where such railroad is not fenced, excepting places not to be fenced; repealing, etc.
It was referred to tne Committee on Railroads.
Mr. HIGGINS submitted the following:
Resolved, That the Wardens of the State Prisons, respectively, be instructed to report to this House at as early a day as possible:
- The average expense per day for provisioning each prisoner in their charge during the month of October last.
- The average number of days each prisoner working under contract has labored per month for the months of August, September and October, 1865.
- A copy of contract under which their prisoners are now wo king; also copies of contracts for use of motive power used in the prisons.
It was adopted.
Mr. CHURCH introduced a bill [H. R. 261] for An Act to amend the 208th sec. of the Practice Act of June 18, 1852, [where changes of venue are taken from the Common Pleas Court page: 113[View Page 113]on account of the incompetency of the Judge, it shall be certified at once to the Circuit Court.]
It was referred to the Committee on the Organization of Courts.
Mr. CROOK introduced a bill [H. R. 262] for An Act to amend sec. 10 of An Act providing for the government and discipline Of the State prisons, and repealing, etc., approved March 3, 1855, etc. [It regulates the manner of leasing convict labor.]
It was referred to the Committee on the State prison South.
Mr. NEWCOMB submitted the following:
Resolved, That the Adjutant General be requested to report to the House the Amount unexpended of the appropriations made for his office at the last regular session of the General Assembly for the year 1865, together with his estimates of the amount that will necessarily be required of the appropriations made for the year 1866; and that he further report the amount of clerical force that will, in his opinion, be necessary for the performance of the duties of his office for the year 1866, and a statement of the work remaining to be completed which is not a part of the ordinary and regular business of his office.
It was adopted.
Mr. HOOVER introduced a bill [H. R. 263] for An Act against Rail Road conductors obstructing the crossings to the hindrance of travelers [obstruction shall not be longer than five minutespenalty not less than $10 nor 'more than $50.]
It was referred to the Committee on Rail Roads.
On motion of Mr. GREGORY, of Montgomery, it was
Ordered, That the Hon. S. C. Crane have the use of this Hall next Friday evening to deliver a lecture on "This Fast Age and This Fast Country "
Mr. SHOAFF, of Allen, introduced a bill [H. R. 264,] for An Act for amendment of the 4th clause of the seventh section of the Divorce Act, approved May 13, 1852 [adding habitual cruel treatment of either by the other as good cause for divorce].
It was referred to the Committee on the Judiciary.
Mr. WEIKEL introduced a bill [H. R. 265,] for All Act to amend section 5 of the Act for a more uniform mode of doing township business. [Township Trustees shall hold office two years, instead of one year.]
It was referred to the Committee on County and Township Business.
Mr. WRIGHT introduced a bill [H. R. 266] allowing Clerks of Courts a percentage on money by them received from the hands of an Executor, Administrator, Guardian or Trustee of the estate of any deceased person. [Under $500, three per cent.; over $500, two per cent.; over $1,000, one per cent.
It was referred to the Committee on Fees and Salaries.
Mr. LASSELLE introduced a bill [H. R, 267] to amend sec. 1 of the Act authorizing County Auditors to call special terms of the Board of County Commissioners as the interest of the county demand, approved Feb. 1, 1855. [In case of the death or disability of the Auditor, the County Clerk may act.]
Mr. STIVER introduced a bill [H. R. 268} for An Act to amend section 104 of the dog law of June 21, 1865, etc.
It was referred to the Committee on Fees and Salaries.
Mr. HENRICKS introduced a bill [H. R 269] for An Act to make an appropriation to pay the balance of the assessment against this State for the Soldier's National Cemetery at Gettysburg, Pa. [It appropriates $3,469,83.]
It was referred to the Committee on Ways and Means.
Mr. GREGORY, of Montgomery, introduced a bill [H. R. 270] for An Act fixing the per diem and mileage of members of the General Assembly and the Clerks and Doorkeepers thereof. [It amends the law by providing that the two Houses may make such compensation as they may think proper for all officers and employees except the Principal Clerks and Doorkeepers.]
It was referred to the Committee on Public Expenditures.
Mr. BONNER introduced a bill [H. R, 271] for an act to allow County Commissioners to authorize Road Companies, in cases, Where three-fifths of the free-holders petition for the same; [within half a mile on each side of the proposed road].
It was passed to the second reading, and referred to the Committee on Roads.
The SPEAKER laid before the House a communication from the office of the Surgeon General of the United States, stating the terms on which the Tripler Hospital was turned over to the State of Ohio, viz: on the receipt of the Governor being given for the property.
On motion of Mr. HENRICKS, it was referred to the Special Committee on the matter of a Soldiers' Home.
Mr. WOODS called up his joint resolution No. 4, for amendment of the 23d section of article IV of the State Constitution, as to admit of laws authorizing the people of incorporated cities, towns, and school districts to tax themselves for schools, without reference to a uniform rate of taxation; and on his motion, it was referred to the Judiciary Committee, with instructions to inquire whether said resolution is drawn so as to conform to article XVI of the Constitution, and if not, to report said resolutions back in proper form.
COUNTY ORDERS.
Mr. OSBORN submitted the following:
WHERE AS, There is no law making county orders, issued to individuals, a lien for taxes; and,
WHEREAS, A large ammout of money is lost to the State and counties by reason of persons to whom the same are issued transferring or selling the same, and not applying said county orders to the payment of taxes due and owing by them; therefore,
Resolved, That a committee of five be appointed to inquire into the expediency of reporting a bill to make said county orders a lien for taxes, due and owing by the individuals holding the same.
It was adopted.
The SPEAKER subsequently appointed the committee thereon, to-wit: Messrs. Osborn, Woods, Bovd, Lasselle and White,
Mr. SHOAFF, of Jay, introduced a Bill [H. R. 272] for An Act amendatory of sections one and two of the act fixing the times for lolding Circuit Court in the 13th Judicial Circuit, which act took effect by operation of law, March 17, 1861.
On motion of Mr. S., it was referred to a special committee of members representing the counties interested in said change.
Mr. LEMON introduced a bill [H. R. 273] for An Act to more effectually enforce the XIIIth Article of the Constitution, and laws made in pursuance thereof. [Making it obligatory on page: 114[View Page 114]the Governor to see that the same is faithfully executed, and if necessary to call out the militia to enforce the same.]
It was referred to the Committee on Rights and Privileges.
Mr. BROWN introduced a bill [H. R. 274] for An Act to repeal the Act entitled An Act to discourage the keeping of useless and sheep-killing dogs, &c.
It was referred to the Committee on County and Township Business.
MISDEMEANORS.
Mr. BURKES submitted the following, which was adopted:
Resolved, That the Committee on the Organization of Courts of Justice are hereby instructed to inquire into the expediency of reporting a bill making it a misdemeanor for any person, or persons, to molest or disturb any hired laborer, or laborers, in the employ of any citizen, or citizens, of the State of Indiana, when engaged at or on, his or her way to or from, the place of his her, or their labor, or when at the residence, or on the farm, of their employers.
Mr. SHOAFF, of Jay, introduced a bill [H. R. 275] for An act to amend section 2 of the Act to amend sections 14 and 18 of the Act fixing the times of Common Pleas Courts, &c., approved May 11.1861. [It affects the counties of Blackford, Delaware, Randolph and Jay.]
Mr. GREGORY, of Warren, introduced a Joint Resolution [H. R. No. 20] instructing our Senators and requesting our Representatives in Congress to use their influence to secure the passage of a law by which the soldiers and officers of the war for the suppression of the rebellion, shall be placed on an equal footing as to pay and bounty, according to the length of time which they have served.
It was passed to the second reading.
Mr. LASSELLE introduced a bill [H. R. 276] for An Act authorizing County Auditors to issue fee bills for the collection of costs accrued before Boards of County Commissioners.
It was referred to the Committee on Fees and Salaries.
The SPEAKER announced the order of the consideration of bills of the House on the second reading.
Mr. Henricks' insurance bill, No. 233, was referred to the Committee on Ways and Means.
Mr. Humphreys' real estate sale notice bill [H. R. No. 87,] coming up with a favorable report from the committee, it was ordered to be engrossed.
Mr. Rhoads' School Commissioner bill [H. R. 235,] coming up with a favorable recommendation from the Committee on Education
Mr. GREGORY, of Warren, explained that the object of the bill was to dig out moneys lost in the various county treasuries. It was recommended by the Superintendent of Public Instruction, who had already ferretted out some $27,000 of the school fund sequestered; in the treasuries of only two or three counties.
Mr. HAMRICK advised delay about authorizing this Commissioner at a salary of $3,500 more than the Superintendent of Instruction receives.
Mr. RHOADS made the statement submitted by Mr. Gregory as to the amoant of school money which had been discovered by the Superintendent of Public Instruction as unaccounted for in Wayne county. The Superintendent could not continue to do this work and he showed the necessity of this Commissioner.
Mr. NEWCOMB thought it best to pay the expenses of this Commissioner separate from the salary. He spoke of the loose manner in which these school funds are managed, and recommended a change of custodians, and deposit where it would be secure from loss. We have a law now that the counties shall he responsible for the fund. The bill would not cure the evil.
Mr. BURWELL also objected to the creation of this new office. The Superintendent should perform its duties.
Mr. GREGORY, of Warren. It would require more than one day to each county seat. This bill was to make a final settlement of these sequestered funds. It would add seventy or eighty thousand dollars to the school fund.
Mr. McVEY. Former Superintendents had labored in this direction as well as the present Superintendent, and the work was partly done.
Mr. WOODS. The school system was getting to be too expensive in its machinery.
Mr. NEWCOMB proposed to amend, by striking out of section three "3,500," and inserting in lieu this: "$2,000 and his natural and necessary traveling expenses;" and inserting further: "from the fund raised by taxation for school purposes."
Mr. BURWELL moved indefinite postponement of the bill and pending amendments.
Mr. RHOADS advised delay.
Mr. MILLER thought the bill would not benefit the children. There was the expense of hunting up this money. It would be better at once to assess the needful tax directly. The bill was simply making an officer to see whether the County Auditors have done their duty.
Mr. FERRIS made a statement to show that the Commissioner could not go into the 93 counties and investigate this fund in one year. But he saw no necessity for the bill, and demanded the previous question.
The previous question was seconded, and the main question, and the yeas and nays were ordered.
Mr. HAMRICK made an ineffectual motion to lay the subject on the table affirmative 26, negative 57.
Mr. Burwell's motion to postpone was then agreed to by yeas 72, nays 11.
Mr. McVey's legalizing-appraisements bill [H. R. 212] coming up with a favorable recommendation from the Committee, it was passed to the second reading.
Mr. NEWCOMB explained, that appraisements shall not be invalid, because of the failure of appraisers to give notice, etc., and on his motion, the constitutional restriction was suspended - yeas 68, nays 9 - and it was passed the final reading in the House - yeas 73, nays 0.
The House then took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
On motion by Mr. BUSKIRK, Mr. McVey's insurance bill, No., 117, was taken from the Speaker's table and placed in the calendar.
Mr. Miller's bill. No. 214, to repeal the act of page: 115[View Page 115]1852 to enforce the thirteenth article of the Constitution, coining up, with the committee recommendation that it do pass -
On motion by Mr. BUSKIRK, it was postponed and made the special order for Friday, 2 o'clock.
Mr. Wood's county-line-bridge bill, No. 206, amentting section 7 of the act of May 12, 1852, coming up with the committee amendments, adding to section 2, "In addition to what said county may appropriate," and this, "Such appropriation shall be determined by the Commissioners of the county in which said township shall be situated."
The amendments were adopted and the bill was ordered to the engrossment.
On motion by Mr. PRATHER, the House concurred in the Senate resolution for a joint committee on the recommendation of the Acting Governor to purchase a building for State Offices.
Subsequently the SPEAKER nominated said committee on the part of the House, viz Messrs. Prather, Gleason, Buskirk, Newcomb and Brown.
Mr. Cox's Bird bill [H. R. 223] coming up -
On motion by Mr. NEWCOMB, it was amended by striking out the emergency clause. He was opposed to the hasty passage of bills with penalties.
And then it was ordered to the engrossment.
The bill [S. 141] amending secs. 5 and 6 of the act concerning voluntary associations, coming up on the second reading - it was referred to the Committee on Corporations.
The bill [S. 210] in regard to the docketing of transcripts of cases from the Circuit Court, was referred to the Committee on the Organization of Courts.
The Common Pleas Judges special compensation bill [S. 145] was ordered to the third reading.
The land lord and tenant bill [S. 131] amending the 4th section of the act of May 20, 1852, coming up on the third reading, it was rejected on the final reading in the House yeas 30, nays 52.
The bill [S. 84] ameding the 4th section of the Justices Act, so that in State prosecutions his warrant may be served in any part of the State, coming up on the third reading -
Mr. NEWCOMB explained its provisions, that where the clerk certifies that the person issuing the writ is an acting justice of the peace, the warrant may be served in any part of the State.
Mr. RICE and Mr. COLLINS objected, and thought the bill would be inoperative.
Mr. BURWELL and Mr. GREGORY, of Warren, thought it a good bill, giving examples of its applicability.
Mr. RICE desired to amend.
The SPEAKER (Mr. Lasselle in the Chair) said the gentlemen could move to refer the bill with instructions.
Mr. RICE then moved to recommit the bill to the Judiciary Committee, with instructions to amend so that it shall apply only to felony cases.
Mr. BROWN opposed; the bill was specially intended to reach cases of misdemeanors. He gave examples.
Mr. NEWCOMB (in his seat.) It applies to both felony and misdemeanor cases.
Mr. SHUEY said there was a very pressing necessity for this bill in his region.
Mr. RICE withdrew his motion.
The bill was passed the final reading in the House of Representatives - yeas 75, nays 0.
The county boundary record bill [S. No. 4] coming up - it was passed the final reading in the House of Representatives - yeas 69, nays 3.
The "assault" bill [S. 25] coming up - it was finally passed the House of Representatives yeas 66, nays 5.
The Claimants in execution relief bill [S. 71] coming up - it was rejected on the third reading - yeas 32, nays 86.
The bill [S. 115] to amend section 11 of the act concerning county prisons, approved May 27,1852, coming up.
Mr. NEWCOMB explained that the provision of law sought here, was, that a man may be confined in an adjoining county jail, where the jail of his own county is not sufficient to hold him.
The county prison bill [S. 115] was passed the final reading in the House of Representatives - yeas 65, nays 5.
SCHOOL BUILDINGS.
The bill [S. 82] authorizing cities to prepare, execute, negotiate and sell bonds to pay debts for the erection of school houses, etc., coming up as heretofore amended
Mr. GLEASON explained. It was introduced by Judge Niles of the other branch. It was more particularly applicable to the city of Laporte. That city "has commenced a High School building, and the object is, that the city may raise money for the payment and completion of that building. It applies to cases where such buildings have been commenced, and are not completed.
The bill was passed the House of Representatives - yeas 51, nays 18.
The bill [S. 99,] requiring Clerks of the Circuit and Common Pleas Courts to make indexes to the records and books in their respective offices coming up -
Mr. RICE and Mr. NEWCOMB. All the records were indexed except the order books.
Mr. COLLINS reasoned against its passage.
The bill was rejected in the House - yeas 17, nays 55.
Mr. SPENCER (by unanimous consent,), moved to suspend the order of business to enable him to move to rescind the order for a night session for the consideration of the special order.
The motion was agreed to, and the special order was postponed till to-morrow (Wednesday ) night at 7 o'clock P. M.
On motion of Mr. BROWN, amended by Mr. BOYD, it was
Ordered, That when the House adjourns, it shall be till to-morrow, 2 o'clock, P. M.
Mr. GROVES moved that leave of absence be granted to the Committee on the State Prison South, from Thursday till Saturday morning.
Mr. BROWN resisted the motion, because the House would be without a quorum, and because we have called for all the information we want in that direction. He moved to lay the motion on the table, but immediately withdrew it.
MR. GROVES. The Committee on the Northern Prison made their visit at the last session. The application was made at the request of the committee.
page: 116[View Page 116]Mr. COLLINS was satisfied that no satisfactory report could be made without a visit, especially now when there are repairs to be made in the prison.
Mr. HOWARD admitted that he might have voted wrong the other day when he voted against the visit of the Northern Prison. We could not investigate either the prisoners or the officers without actual visitation. He would prefer that these committees were composed of not more than three or four members.
Mr. BROWN proposed to send the Chairman and two members of the Committee to Jeffersonville. This was all the Committee ought to ask and all the House should give now. He expected no good to result from any investigation.
Mr. LOCKHART said a part of this Committee went down last session, and perhaps all of them got paid for going.
Mr. GROVES as Chairman, did not visit the Southern Prison last session. He went, as specially appointed, with a few others, to visit the Northern Prison, but had received no pay for it.
After further debate by Mr. SPENCER, Mr. COLLINS, Mr. STRINGER, and Mr. PRATHER -
Mr. Brown's amendment was rejected.
And then, on motion by Mr. BROWN, the original motion was laid on the table.
Mr. Meredith's bill [H. R. 82] concerning the creation of corporations for maintaining high schools, coming up -
Mr. MEREDITH explained, that the bill, though not his own, was introduced by him, and was, with slight modifications, the general law of 1855 on this subject.
The bill was passed the final reading in the House of Representatives - yeas 34, nays 15.
And then, at 4.45 P. M., the House adjourned until to-morrow, 2 o'clock P. M.
