HOUSE OF REPRESENTATIVES.
THURSDAY, November 30, 1865.The SPEAKER took the Chair at 9 o'clock A. M., and directed the Clerk to read the Journal of yesterday.
On motion by Mr. WRIGHT, the Journal was authenticated without reading.
PETITIONS AND MEMORIALS.
Mr. TRUSLER presented the memorial of the County Commissioners of Fayette county, for repeal of the Soldiers' Relief Law after 1866.
It was referred to the Special Committee on the Soldiers' Home.
Mr. FOULKE presented a petition of Fred. Walter and 600 others, asking for amendments of the Liquor License Law, so as to restrict the icense to drink it affords to minors; and -
Mr. MONTGOMERY presented a Temperance petition; which were referred to the Committee on Temperance.
Mr. THACHER presented a petition from the Commissioners of Shelby county, asking for the repeal of the Soldiers' Relief law; which was referred to the Committee on Ways and Means.
Mr. FOULKE presented the memorial of Thos. M. Hall for a claim for recruiting service. page: 126[View Page 126] He was called to service before the completion of his papers. It was referred to the Committee on Ways and Means.
Mr. RICE presented the memorial of a citizen of Parke county, proposing to have the laws so changed as to have the roads worked by contract.
It was referred to the Committee on Roads.
Mr. SULLIVAN of Scott presented a petition for repeal of the Dog law; which was referred to the Committee on Rights and Privileges.
Mr. LASSELLE presented a memorial from member of the Logansport Bar on account of a change in the time of Courts; which was referred to the Committee on Courts.
REPORTS FROM COMMITTEES.
Mr. BRANHAM, from the joint committee to whom was referred so much of the Governor's Message as relates to the State debt, reported a bill.
Mr. NEWCOMB, from the Committee on the Judiciary, returned his Insurance bill [H. R. 255] recommending its passage.
He also, from the same committee, returned Mr. Whiteside's publication service bill [H. R. 18] with an amendment, adding appropriately this: "Or such notice may be served on the attorney of the person asking for new trial," &c.
He also returned Mr. Caldwell's jury instructions bill [H. R. 227] recommending its indefinite postponement.
The report was concurred in.
He also returned Mr. Lasselle's pleadings bill [H. R. 228] recommending that it be laid on the table.
Mr. LASSELLE reasoned against concurrence in the report. There was great hardship in the pleadings where the maker of the note is dead. A note should be received in evidence, unless it is denied under oath. The same hardship might arise in cases of assignments.
Mr. NEWCOMB showed that it was more consonant with justice, that an administrator, etc., should be compelled to prove that the paper is genuine, than to deny under oath that which he may know nothing about.
Mr. LASSELLE. All notes ought to be received as prima facie evidence.
The report was concurred in.
Mr. N. also returned the Insurance bill [S. 31] recommending that it be laid on the table.
The report wras concurred in.
Mr. GREGORY, of Warren, from the Committee on Education, returned Mr. Goodman's School bill, [H. R. 237] recommending that it be indefinitely postponed.
Mr. GOODMAN stated reasons in his part of the State demanding this change in the law requiring extra qualifications of teachers.
Mr. COLLINS thought this provision of the law ought to be suspended for at least one year.
Mr. BROWN read the 136th section of the law, prescribing what branches shall be taught.
Mr. BUSKIRK had heard complaints against the high standard for qualification of teachers. He read the 34th section prescribing the standard of qualifications for license. There was another section which prescribes that none shall teach without license. He had heard the complaint illustrated by a farmer thus: The fodder had got so high that the calves, sheep and lambs would starve.
Mr. GREGORY, of Warren, said the Committee on Education had been untiring in their efforts to make an acceptable school bill. They were unanimous in the opinion that this bill was not required. Would you give the control of this matter to an ordinary school meeting, often governed by excitement? He read the 34th section. No man should teach children without some knowledge of physiology. He referred also to the 47th section, with reference to the duty of trustees. The Superintendent of Public Instruction had informed the committee that he could easily issue a circular to the Examiners that would settle this difficulty. If you would educate right, start right. The law did not contemplate a profound knowledge of physiology. He would have practical, hard, common sense teachers, knowing something of the laws of health, and the law of the land.
Mr. RICE. Could an individual get license without knowledge of physiology?
Mr. GREGORY. He might; but the Examiner would hardly do right, if the teacher knows nothing of the laws of health.
Mr. BRANHAM thought the school law ought to be modified in this respect. They had got the tree so tall that it was out of sight to first limb. He demanded the previous question, and there was a second, and the main question was ordered, whereupon -
The House refused to concur in the report of the committee.
Mr. GREGORY, of Warren, from the Committee on Education, returned Mr. Ferris' school bill [H. R. 252,] taking away restrictions as to age, recommending its indefinite postponement.
Mr. FERRIS reasoned in favor of his bill, that children under six years and over twenty-one years may attend school.
Mr. COFFROTH thought the gentleman was right as to persons over twenty-one years.
Mr. RHOADS said the committee concurred as to that.
Mr. COFFROTH. We could reach it, then, by refusing to concur in the recommendation.
[A message was now received from the Governor transmitting a communication, signed by S. H. Buskirk and others, of Monroe comity, proposing donations for the establishment of the State Agricultural College at Bloomington, viz: The Geological and Mineralogieal Cabinet of the late Dr. David Dale Owen, which could not be procured for less than $15,000, and a farm in the neighborhood worth $75,000.
On motion of Mr. BUSKIRK, it was referred to the special committee on that subject.]
Mr. WOODS agreed with the gentleman from Huntington, as to his desire to amend the school law - speaking in behalf of those young men who have been deprived of schools by service in the war.
Mr. BROWN hoped the law would not be changed according to the provisions of the bill. Older persons in the schools would engross the time of the teacher to the detriment of the children: and the first object of the school fund would be defeated.
Mr. LASSELLE thought the report should not be concurred in. The Constitution provides that the schools shall be "equally open page: 127[View Page 127]to all." He caused the Article to be read by the Clerk.
Mr. RHOADS. Were blacks included in this "all?"
Mr. LASSELLE. No: all white people. He commended the school system of Indiana, with all its imperfections of detail, as the best in the country.
Mr. GROVES demanded the previous question, and there was a second - whereupon -
The House refused to indefinitely postpone the bill.
Mr. GREGORY of Warren, also returned the Colored School Children petition of D. Lockwood and others, reporting that a majority of the Committee had reported a bill on that subject.
Mr. MAJOR, from the Committee on Fees and Salaries, returned Mr. Lasselle's County Auditor bill [H. R. 276] recommending its passage.
Mr. ABBETT, from the Committee on Claims, reported on the claim of Speigle, Thomas & Co., that it be referred to the Committee on Ways and Means with instructions to incorporate the same in the Specific Appropriation bill.
Mr. BURNES, from the Committee on Rights and Privileges, returned Mr. Kilgore's Fish bill [H. R. 174] with an amendment excepting from its provisions the modes of taking fish by hook and line, gig and snarethe penalty not less than $10 nor more than $100.
Mr. LANE, from the Committee on Manufactures and Commerce, returned Mr. Shuey's St. Joseph River Dam bill [H. R. 239], recommending its passage.
Mr. STRINGER, from the Committee on Roads, returned Mr. Bonner's Road Company bill [H. R. 271;] also, Mr. Colover's Road bill [H. R. 164;] also the bill [H. R. 191,] recommending their passage severally without amendment.
Mr. BONNER, from the Committee on Roads, returned Mr. Hamrick's road bill [H. R. 241] with amendments, striking out "seven" and inserting "four," striking out "fifteen" and inserting "ten" in lieu.
He also returned Mr. Hoover's road bill [H. R. 263] with an amendment of title; adding this: " And prescribing a penalty therefor."
Mr. STRINGER, from the same Committee, returned sundry petitions for amendment of the law so as to authorize swinging gates on the highways in certain cases, reporting a bill on that subject.
Mr. STIVERS, from the Committee on County and Township Business, returned the Weights and Measures bill [S. 122] recommending its passage.
He also returned Mr. Milroy's bill [H. R. 240] to relieve county officers from penalties attaching to the Dog law of March 2,1865, recommending its passage.
Mr. CALDWELL, from the same Committee, returned the bill reducing the number of Justices of the Peace and Constables to one in each township, with a favorable recommendation.
Mr. HAMRICK, from the Committee on Corporations, returned the Corporation bill [S. 103] with an amendment in section 17.
He also returned Mr. Coffroth's Foreign Insurance bill [H. R. 207] with an amendment in Section 1. The provisions of this bill shall not be construed so as to exclude horse insurance and detective companies insuring against thieves.
Mr. HARRISON, from the Committee on Corporations, returned the Town bill [S. 163] recommending its passage.
He also returned Mr. Gregory of Warren's bill [H. R. 248] repealing limitations as to capital of manufacturing companies, recommending its passage.
Mr. FOULKE, from the Committee on Corporations, returned the Parks and Fair Grounds bill [S. 34] recommending that it be laid on the tablethe matter being embraced in the general bill defining municipal powers.
Mr. BUSKIRK, from the select committee thereon, returned his Court bill [H. R. 253] recommending its passage.
Mr. LOCKHART, from the select committee thereon, returned Mr. McVey's County Seats bill [H. R. 125] recommending its passage.
All favorable reports lie on the table under the rules.
NEW BILLS.
Mr. NEWCOMB introduced a bill [H. R. 277] for an act to amend sections 2 and 5 of the act providing for the organization of Circuit Courts, the election of Judges thereof, and defining their powers and duties; and providing Criminal, Circuit and Civil Courts. [He submitted this, he said, as the first of a series of four bills Nos. 277, 278, 279, 280) to provide a court for the speedy trial of criminals in Indianapolis, by which members of the Legislature may be protected in their pockets.]
Also a bill [H. R. 278] for an act creating the Sixteenth Judicial Circuit, and providing for the election of Prosecuting Attorney thereof; and providing for the transfer of actions thereto. [The Circuit is Marion countyopen for criminal trials, and shall try criminal cases alone.]
Also, a bill [H. R. 279,] for an act to amend sections 9 and 10 of the Act prescribing the powers and duties of Justices of the Peace in State prosecutions. [Persons charged with felony and misdemeanors (if there be a criminal court,) shall be held to appear therein.]
Also, a bill [H. R. 280,] for an act to amend section 14 of the Act to limit the number of Grand Jurors, and point put the mode of their selection, defining their jurisdiction, and repealing all laws inconsistent therewith, approved March 4, 1852. [Grand juries in Criminal Courts shall have cognizance of all felonies and misdemeanors, excepting such as are exclusively within the jurisdiction of Justices of the Peace.
These bills were referred to the Committee on the Organization of Courts.
Mr. WOODS introduced a bill [H. R. 281] for an act to amend sec. 12 of the act to authorize the construction of levees and drains, approved June 2, 1852 [Authorizes companies for draining purposes.]
On motion by Mr. COLLINS, it was referred to the Special Committee on that subject.
Mr. GRIFFITH introduced a bill [H. R. 282] for an act to regulate the mileage of sheriffs conveying convicts to the State Prison North; to amend sec. 7 of the act authorizing the removal of prisoners from the Southern to the Northern Prison, directing what convicts shall be sent to the Northern Prison, etc., approved page: 128[View Page 128]June 1,1861; and repealing the act regulating the mileage of sheriff's,, approved June 17, 1852. It was to establish uniformity, he said, in the sheriffs' mileage for conducting convicts to the Prison. It also adds another tier of counties to the Northern Prison district. There might be some inaccuracies as to distances; and he would move that it be referred to the Committee on the Northern Prison.
Mr. DUNHAM moved to amend the motion so as to refer it to the two Committees on the Northern and on the Southern Prisons.
It was so referred.
Mr. LASSELLE introduced a bill [H. R, No. 283] for an act to amend sections 1 and 2 of the act of January 31, 1855, fixing the times of holding Circuit Courts in the Eleventh Judicial Circuit.
He moved that it be referred to the Committee on Organization of Courts; but upon representation of Mr. Coffroth, it was referred to a Special Committee of Representatives from the counties interested, viz: Carroll, Grant,, Miami, Wabash, Huntington and Cass.
Mr. STENGEE introduced a bill [H. R. 284] for an act providing for the election of boards of directors of railroads, authorized by the laws of this State. [The Director shall have been a resident of the State for live years, etc.]
It was referred to a Select Committee of five.
The bill reported this morning from the Joint Committee on the State Debt [H. R, 285] for an act to provide a State debt sinking fund, for the payment of the principal and interest of the War Loan Bonds, and the five and the two-and-a-half per cent, stocks of the State therein named; prescribing the duties of the Auditor, Treasurer and Agent of State in relation thereto; providing for a clerk of said sinking fund, and fixing his salary; and providing a penalty for the violation of its provisions, and declaring an emergency, - [penalty not less than $100, nor more than $1,000, - ] was now read and passed to the second reading.
On motion of Mr. BEANHAM, it was
Ordered, That the bill lie on the table, and that 300 copies thereof be printed - 100 for the use of the Senate and 200 for the use of the House of Representatives.
The bill reported this morning from the Committee on Roads [H. R. 280] for an act to authorize County Commissioners to grant the right to erect swinging gates on county, township or private roads, - was now read, passed to the second reading, and referred to the Committee on Rights and Privileges.
Messrs. O'Brien, Shoaft of Allen, and Richards each obtained leave of absence on account of illness.
Mr. Cowgill's Common Carriers bill (H. R. 211) introduced on the 16th inst., coming up on the second reading, with the amendments reported by the Committee on Railroads, requiring 60 days instead of 30 days notice, etc.
The amendments were concurred in.
Mr. COWGILL thought that it would be better to make the storage five months instead of three months before notice of saleto make it conform to the Committee's amendment.
Mr. LOCKHART said five mouths was contemplated. The bill was ordered to be engrossed.
Mr. Gregory of Warren's joint resolution (No. 20), for a memorial to Congress for equality as to the additional bounty and monthly pay of soldiers, coming up -
Mr. NEWCOMB proposed to amend so as to memorialize for a direct tax to pay these additional bounties.
Mr. GREGORY, of Warren, regarded the amendment as a proposition to destroy the joint resolution.
Mr. MILLER opposed the amendment for a tax. He would have a grant of land for the purpose.
Mr. NEWCOMB would include the suggestion in his amendment, viz: "Or that, in lieu of a money bounty, a grant of land he made for the bounty of such soldiers." Such a measure as that contemplated in the joint resolution would reduce the value of Government bonds. There were amongst us those desirous of further reducing the value of these bonds, by taxing them, in violation of the act of Congress. This consideration, taken together with the alternative proposition to grant lands, lie thought, ought to carry the amendment.
Mr. GREGORY, of Warren. The resolution was now broad enough to authorize a grant of thanks.
Mr MILLER proposed to amend the joint resolution by inserting appropriately: "If consistent with the interests of the country."
It was adopted.
The vote on Mr. Newcomb's amendment discovered no quorum.
On motion by Mr. COLLINS, the House then took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
The SPEAKER announced the special order, viz: the consideration of Mr. Shuey's temperance bill, No. 218.
On motion by Mr. SHUEY, it was postponed and made the special order for to-morrow at this hour - affirmative 45, negative 24.
Mr. RHOADS moved to reconsider the vote of the House of yesterday rejecting the amendment of Mr. Newcomb to Mr. Shuey's temperance bill.
It lies over under the rule.
Mr. LANE (by unanimous consent) introduced a joint resolution [H. R. 21] instructing our Senators and requesting our Representatives in Congress to give their influence to secure the passage of a law increasing the pension of privates and non-commissioned officers in the service of the United States, [to $16 per monthso as to make uniformity,] which was passed to the second reading.
Mr. COOK (by consent) presented the petition of John Rolliner and 1,100 others, for an amendment of the license law so as to hold minors responsible for impositions.
Mr. STEWART (by unanimous consent) submitted a concurrent resolution instructing our Senators and requesting our Representatives to secure such a modification of the act of April 19, 1816, appropriating the 16th section for common school purposes, as to provide that where said 16th section has been disposed of, some section contiguous thereto shall be granted for the use of schools.
Mr. STEWART stated the discrepancies between Congressional and civil townships, involving considerable labor. It was intended to do away with the resulting unnecessary labor on the part of the Township Trustees, Auditors and Superintendents. It had been page: 129[View Page 129] examined and approved by the Superintendent of Public Instruction; and that officer was anxious for the measure. It would save about six pages in the school law.
The resolution was adopted.
On motion by Mr. PETTIT (Mr. Henricks in the Chair) his back pay and bounty bill No. 156 was taken up. He knew that debate was not in order; but he would have unanimous consent to submit an amendment, so as to limit the office of the Washington Commissioner to two years. He also desired to amend so as to give the Governor the power of removal over these officers as well as the power of appointment.
Mr. SPENCER objected.
Mr. PETTIT would then submit the bill again to the vote.
The yeas and nays resulted - yeas, 45; nays, 35.
Mr. BURWELL, when his name was called, alleged that he should vote no, because it was a proposition to create new offices "to eat out the substance of the people."
So the bill fails for want of a constitutional majority.
THIRTEENTH ARTICLE.
The SPEAKER announced the consideration of Mr. Meredith's joint resolution No. 1, for amendment of the State Constitution, by striking out the thirteenth article thereof - the question being on the third reading.
On motion by Mr. MILLER, a call of the House was ordered and proceeded; and when the Clerk reported eighty-five members present and answering, further proceedings were dispensed with under this order.
Mr. BROWN moved to postpone and make it the special order for Saturday, 2 o'clock P. M. If this course were taken, some gentlemen would have opportunity to express their views against this proposition. To force it to a final vote now would violate plighted faith on the part of the majority.
Mr. DUNHAM. For one he was perfectly willing that the majority should pass it, reserving to ourselves the right of appeal to the people.
Mr. BROWN. That was but a difference of opinion between two great men. (Laughter.) But if gentlemen think best to press the vote this dark and lowering afternoon - the tint of the atmosphere corresponding with the color of the proposition - let them do it and stifle debate to the disregard of plighted faith.
Mr. NEWCOMB replied to the imputation of disregarding plighted faith. There would be time for us all to ventilate our rhetoric on some kindred question.
Mr. Brown's motion was rejected.
The joint resolution was passed the final reading in the House - yeas 51, nays 41 - as follows:
Yeas - Messrs. Atkinson, Bonner, Branham, Burnes, Caldwell, Chambers, Church, Cook, Cowgill, Cox. Ferris, Foulke, Gleason Gregory of Montgomery, Gregory of Warren, Griffith, Hamrick, Henricks, Hershey, Higgins, Hogate, Hoover, Johnson, Kilgore, Lane, Litson, Lockhart, Major, Meredith, Miller, Montgomery, McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Stewart, Sullivan of P. & V., Trusler, Upson, Welch, Wright, Woods, Zeigler and Mr. Speaker - 51.
Nays - Messrs. Abbett, Boyd, Brown, Burwell, Buskirk, Coffroth, Colling Croan, Crook, Davidson, Dunhan, Glazebrook, Goodman, Groves, Hargrove, Harrison, Howard, Humphreys, Hunt, Lasselle, Lee, Lemon, Lapp, Milroy, O'Brien, Osborn, Patterson, Perigo, Pinney, Richardson, Roach, Shoaff of Allen, Spencer, Stenger, Stringer, Stuckey, Sullivan of Scott, Thacher. Weikel, White and Woodruff - 41.
On motion of Mr. ZEIGLER, Mr. Stivers had leave of absence on account of illness.
TAXATION FOR SCHOOLS.
The Senate Joint resolution No. 3, proposing amendment to the State Constitution in the 23d section of Article iv. so as to admit of legislation to enable cities and town to raise money by taxation for the support of Common Schools, without respect to a uniform rate, coming up on the third reading, it was passed the House of Representatives - yeas 56, nays 31.
Mr. Harrison's bill [H. R. 33] to amend the 8th section of the Liquor License Law of 1859, [for the protection of Sundays and election days the penalty $5;] coming up on the second reading with the Committee's amendment, making the penalty $10 instead of $5["not less than $10, nor more than $50."]
Mr. HARRISON showed that the sole object was to get a penalty.
The amendment of the Committee was adopted.
The bill was then passed the final reading in the House of Representatives - yeas 77, nays 7.
[Mr. COFFROTH demanded that the names, affirmative and negative, be called over by the Clerk. It was so ordered. - He made this request, because, on looking over the journal of last session he had discovered that he was recorded as voting in favor of Mr. Newcomb's bill [H. R. No. 47] investing the Trust funds in the bonds of the State; whereas, he was not present when the vote was taken, but was preparing himself and expecting to make active opposition to that bill. It was still pending in the Senate.]
Mr. Thacher's Delinquent Tax-list bill [H. R. 177] coming up (with the amendment heretofore reported) on the third reading.
The amendment was adopted.
Mr. THACHER explained that it was to raise the printer's compensation from 30 cents to 60 cents; and to make the rate uniform throughout the State.
The bill was passed the final reading in the House of Representatives - yeas 51, nays 27.
Mr. Griffith's joint resolution No. 17, to amend sec. 3 of art. 4 of the State Constitution so as to provide for annual sessions of the General Assembly, coming up - it was ordered to engrossment and third reading.
Mr. BUSKIRK considered that the proposition was right.
Mr. DUNHAM thought we had enough of legislation - such as it is.
Mr. COFFROTH doubted at this time the propriety of any amendment to the fundamental law. We have just emerged from war, etc.
Mr. GRIFFITH. The State of Ohio was compelled to make a similar amendment to their new Constitution. He thought it was manifestly the wisest course here now to give the proposition a trial before the people.
Mr. MILLER agreed with Mr. Dunham. A called session would dispose of business cheaper, in less time, and to better satisfaction, than when a new organization is made and new officers are to be elected.
Mr. NEWCOMB had always regarded this page: 130[View Page 130]system of biennial sessions as a wasteful one. A called session always exposed the Governor to unpleasant partisan imputations. He reasoned at length in favor of the proposition, replying in detail to the objections.
Mr. MILROY spoke in favor of the proposition.
Mr. BUSKIRK pursued the argument in favor of the joint resolution - alleging losses to the school and other funds for lack of a just taxation; and heavy losses to the State on account of executive usurpations in the absence of legislation.
Mr. DUNHAM expressed his opinion and experience. He submitted whether there had not been as odious usurpation when the Legislature has been in session as when not in session? If laws passed once in two years will not restrain them, laws passed every year would not. "The world is governed too much; " and herein Was and always had been the difficulty in the State of Indiana, The great general principles of legislation stand from age to age. He was for the stability, the un-changeability of laws once received and accepted as wholesome and just.
Mr. SHUEY replied, showing the insufficiency of time for legislation, as the Constitution now stands. The evils complained of were referable to hasty legislation, on account of the restriction as to time.
The joint resolution was rejected - yeas 39, nays 48.
On motion by Mr. KILGORE, the House (at 4:45) adjourned.
