HOUSE OF REPRESENTATIVES.
SATURDAY, December 2,1865.The SPEAKER took the Chair at 9 o'clock A. M., and directed the roll-call to determine a quorum.
The Clerk reported 54 members present and answering.
Mr. PRATHER said: from the number of leaves of absence granted yesterday and the day before I doubt whether a quorum can be obtained. I believe we have power to send for absentees, but I am well satisfied that we have granted leaves of absence sufficient to break a quorum, and I think the journal would show that. We have been in the habit for the last ten days of dispensing with the reading of the journal, and consequently we cannot always decide as to how many are absent. I have no motion to make.
When a quorum appeared -
On motion of Mr. OSBORN, the reading of the journal of yesterday was dispensed with.
MEMORIALS.
Mr. COX and Mr. FOULKE presented memorials for repeal of the Black Laws, which were referred to the Committee on Rights and Privileges.
Mr. CALDWELL and Mr. SIM presented petitions for changing the Liquor License law, which were referred to the Committee on Temperance.
Mr. MILLER presented a communication from John Dauphin, of Lafayette, on the subject of foreign emigration, which was referred to the Committee on Agriculture.
Mr. NEWCOMB presented the memorial of John McDowell and 400 others, citizens of the county of Marion, praying the Legislature not to pass any of the pending liquor license bills, but only to amend the law of 1859, so as to prevent impositions by minors, etc. It was referred to the Committee on Temperance.
Mr. HIGGINS presented the memorial of George Ames and 140 others, citizens of Laporte county, against the pardon of Jefferson Davis, which was referred to the Committee on Federal Relations.
REPORTS FROM COMMITTEES.
Mr. HIGGINS, from the Committee on Ways and Means, returned Mr. Stringer's bill [H. R. 136] amending sections 8 and 11 of the County Business act of February 18, 1859, and Mr Stringer's bill [H. R. 99] to amend sections 22, page: 141[View Page 141] 7 and 91 of the assessment act of June 21,1852 - recommending their passage.
Mr. COX from the Committee on Ways and Means, returned Mr. Bonner's tax exemption bill [H. R. 103], recommending that the bill with the pending amendments be laid on the table.
The report was concurred in.Mr. MAJOR, from a majority of the Committee on Fees and Salaries, returned Mr. Osborn's County Commissioner's bill [H. R. 246], vrith the expression of opinion that legislation on the subject matter thereof is inexpedient.
Mr. OSBORN, for the minority of said Committee, said: Four dollars a day for County Commissioners was not more than what they ought to have.
On motion by Mr. HENRICKS, the bill and majority report were laid on the table till the minority report shall come in.
Mr. BROWN, from the Select Committee thereon, returned Mr. Buskirk's Locomotive Engineers bill [H. R. 244], with an amendment, by way of substitute, recommending the passage of the substitute.
All favorable reports lie on the table, under the rule.
NEW PROPOSITIONS.
Mr. COX introduced a bill [H. R. 298] for an act to prevent the running at large of swine, prescribing a penalty for violation of its provisions, and declaring an emergency. [Swine over 60 days old shall not run at large without cut nose or muzzle to prevent "rooting." Penalty $1 (and costs) for the benefit of schools in the townships where the offense is committed.]
It was referred to the Committee on Agriculture.
Mr. COWGILL introduced a bill [H. R. 299] for an act to legalize the official acts of certain officers therein named, and the acts of their deputies as such while their principals were performing service in the armies of the United States.
It was referred to the Committee on the Judiciary.
HOST OF TEMPERANCE.
Mr. WRIGHT submitted an order, which was adopted, granting the use of this Hall to the Rev. T. A. Goodwill next Monday evening, at 7 o'clock, to explain the peculiarities of the order of the Host of Temperance.
SPECIAL SCHOOL TAX.
Mr. GRIFFITH submitted the following:
Resolved, That the Committee on Education be requested to report a bill so amending the School Law as to allow a social school tax of fifty cents on the hundred dollars.
Mr. G. said it was for the purpose of raising school houses. Such a provision of law was required in a great many localities; to his knowledge particularly in the counties of Noble and Lagrange.
Mr. COFFROTH. Would it not be better to pass a general law allowing public officers to take just what property they want of the people? This proposition seems to assume that the people are very patient - that they stand well without wincing.
Mr. GRIFFITH. I recollect that, last winter, when this subject was under consideration, the gentleman from Huntington was in favor of a tax of forty cents on the hundred dollars.
Mr. COFFROTH. It was fifty cents. Perhaps it might be conceded to him, that as he gets older he gets wiser.
On motion of Mr. HIGGINS the resolution was laid on the table - yeas 59, nays 11.
INDIANAPOLIS CRIMINAL COURT.
Mr. MILLER obtained the unanimous consent of the House to return from the Committee on the Organization of Courts of Justice, Mr. Newcomb's bills, numbered 277, 278, 279, 280, to amend sections 2 and 5 of the Act for the organization of Circuit Courts, etc., etc., recommending their passage.
He also, on behalf of the same Committee, introduced a bill [H. R. 300] to amend section 19 of the General Practice Act of June 18, 1852. He said this bill was nothing more than what was required to carry into effective operation the foregoing bills authorizing a criminal court in the city of Indianapolis.
Mr. COFFROTH. As this is a judicial proposition, whereby our Judiciary system is to be changed somewhat; and as it is very difficult for members to know from the Clerk's reading exactly what is comprehended in these bills, making a radical change in the system, I would suggest the propriety of printing them. He moved that the bills be laid on the table and 100 copies be printed.
The SPEAKER, No motion can be in order reaching beyond the matter now before the House, which is the bill No. 300.
The Committee bill No. 300 was passed to the second reading.
Mr. COFFROTH now moved to take up these series of bills, by suspension of the regular order of business.
Mr. HIGGINS thought it hardly worth while to print these bills, which apply to not more than three or four cities.
Mr. COFFROTH. The cost would not exceed $12 or $ 15.
The motion to suspend the order and take up these bills was agreed to; and the printing was ordered.
Mr. NEWCOMB explained that these bills apply to counties having 110,000 voters.
On motion of Mr. BUSKIRK, the said bills, numbered 277, 278, 279, 280, were read the second time and ordered to the engrossment and third reading; and the same were made the special order for Wednesday morning, 10 o'clock.
LANDLORDS AND TENANTS.
Mr. HIGGINS and Mr. BROWN. Under a very recent decision of the Supreme Court it was held that there can be no forfeiture of lease for non-payment of rent, unless the lease has in it a provision for forfeiture in such a case. Mr. H. asked for unanimous consent of the House to move to reconsider the vote taken a few days ago by which the House rejected the bill [S. No. 61] amending the act of May 20, 1854, regarding landlords and tenants.
Mr. GLAZEBROOK objected.
LOCOMOTIVE ENGINEERS.
On motion by Mr. BROWN, the order of business was suspended, and the House took up his special committee bill, reported this morning, [H. R. 301,] for An Act to provide for and regulate the issuing and granting of licenses to locomotive engineers within the State of Indiana, and prescribing a penalty for violation of the provisions thereof.
page: 142[View Page 142]It was passed to second reading.
Mr. BROWN moved that it be made the special order for Wednesday, 2 o'clock.
Mr. CHAMBERS. And that 150 copies be printed.
After debate on the question of printing by Messrs. BUSKIRK, PRATHER, MONTGOMERY and COWGILL -
The bill was made the special order for Wednesday, 2 o'clock; and 150 copies thereof were ordered to be printed.
NEGRO DISABILITIES.
Mr. BROWN, from the minority of the Committee on the Judiciary, obtained leave now to submit a report on the return of Mr. Foulke's Indian and negro disabilities bill [H. R. 25], recommending that the bill be indefinitely postponed - signed John R. Coffroth, Jason B. Brown.
On motion of Mr. NEWCOMB, the said bill No. 25, was taken up and made the special order for Monday, 2 o'clock P. M.
THE CALENDAR.
Mr. Coffroth's Huntington charter bill H. R. 254 -
Mr. Newcomb's Insurance bill H. R. 255 -
Mr. Buskirk's Common Pleas bill H.R. 253 -
Mr. Colover's County lines road bill H. R.164 -
Were severally read the second time and passed to the engrossment and third reading.
PER DIEM AND MILEAGE.
On motion of Mr. HENRICKS, the House took up Mr. Gregory of Montgomery's per diem and mileage bill, [H. R. 270] and it was ordered to the engrossment and third reading.
On motion by Mr. SPENCER the further consideration of the bill was postponed and it was made the special order for Monday 3 o'clock P. M.
THE CALENDAR.
The bill to authorize County Auditors to issue fee bills for costs that have accrued before County Commissioners -
Mr. Milroy's dog bill, H. R. 240 -
Mr. Hamrick's turnpike bill. H. R. 241 -
Mr. Ferris' school bill, H. R. 252 -
Mr. Goodman's school bill, H. R. 237 -
Mr. Shuey's St. Joseph River dam bill, H. R. 239, and -
Mr. Bonner's Road bill, H. R. 271 -
Were severally passed the second reading and ordered to the engrossment and third reading.
Mr. COWGILL, believing that there was not a quorum present, moved an adjournment.
Mr. LITSON moved, ineffectually, to adjourn till Monday, 2 o'clock P. M.
Mr. OSBORN moved to adjourn till Monday, 9 o'clock A. M., -
On motion of Mr. NEWCOMB the House took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
The SPEAKER (Mr. Henricks having been requested by the Speaker to take the Chair) took the Chair at 2 o'clock P. M.
Mr. LITSON made an effectual motion that the House adjourn.
RAILROAD OBSTRUCTIONS.
Mr. Hoover's bill [H. R. 263] to provide against Railroad Conductors obstructing the highway crossings to the hindrance of travel coming up on the second reading, it was read, passed the second reading, and ordered to the engrossment and third reading.
Mr. LOPP made an ineffectual motion for a call of the House.
Mr. HIGGINS moved to dispense with the regular order of business, and take up the consideration of bills from the Senate on the first reading.
Mr. LOPP moved to lay the motion on the table.
Mr. HIGGINS withdrew his motion.
TURNPIKE FORFEITURES.
Mr. HAMRICK asked and obtained leave to introduce a bill [H. R. 302] for an act to amend section 14 of an act authorizing the construction of plank, macadamized and gravel roads approved May 12, 1852; and remitting all forfeitures of charter under said act, on account of not having finished their road, or any uncertainty as to the election of Directors.
It was passed to the second reading, and referred to the Committee on Corporations.
THE CALENDAR.
Mr. HIGGINS renewed his motion to suspend the regular order of business and take up the consideration of bills from the Senate on the first reading.
Mr. GRIFFITH moved an adjournment.
The vote resulting in a division of the House - affirmative, 11; negative, 17 -
The SPEAKER directed the Clerk to call the roll to determine a quorum.
Mr. GRIFFITH withdrew his motion to adjourn.
Mr. Higgins' motion was then agreed to, and bills from the Senate were considered and passed to the second reading as follows:
- The Stallion bill [S. 27], was referred to the Committee on Rights and Privileges.
- The bill [S. 106] amending section 119 of the Practice Act, was referred to the Committee on the Judiciary.
- The Drunkenness bill [S. 142], was read, considered and referred to the Committee on Temperance.
- The bill [S. 22] to amend section 10 of the Justice's Act, was read, considered and referred to the Committee on the Organization of Courts.
- The Horse-thief bill [S. 175], was referred to the Committee on Corporations.
- The Vernon Charter bill [S. 21] was passed to the second reading and referred to the Committee on Corporations.
- [A message from the Senate was now received by O. M. Wilson, their Secretary, acquainting the House of the action of that branch of the General Assembly.]
- The Hotel Company bill [S. 185] was read, considered and referred to the Committee on Corporations.
- [Mr. Hogate and Mr. Lane obtained leave of absence till Monday.]
- The Circuit Court bill [S. 205] was referred to a select committee, which the Speaker nominated: Messrs. White, Stivers, Croan, Cowgill, Montgomery and Burwell.
- The Railroad Corporation bill [S. 206] was referred to the Committee on Railroads.
- The White River Navigation bill [S. 211] was referred to the Committee on Railroads.
- The Road bill [S. 217] was referred to the Committee on Roads.
- The Election bill [S. 221] was referred to the Committee on Elections.
- The Fees bill [S. 226] was referred to the Committee on Fees and Salaries.
- The Clinton county bill [S. 231] was referred to the Committee on the Judiciary.
- The Common Pleas bill [S. 66] was referred to a Select Committee of three, which the Speaker nominates, viz: Messrs. Bonner, White and Stewart.
- The incurable insane bill [S. 201] was referred to the Committee on Benevolent Institutions.
- The Isaac D. Armstrong bill [S. 227] was referred to a Special Committee of five, which the Speaker makes to consist of Messrs. Caldwell, Milroy, Lockhart, Church and Buskirk.
- The adopted child's bill [S. 233] was referred to the Committee on the Judiciary.
- The Circuit Court bill [S. 265] was referred to a Select Committee - 1Mr.Burwell, others not announced.
[On motion of Mr. BUSKIRK, Mr. Gregg obtained leave to record his vote on the final passage of Mr. Meredith's joint resolution [H. R. No. 1] for striking out the Thirteenth Article of the State Constitution. He voted "No."]
The bill [S. 120] empowering District Prosecuting Attorneys to administer oaths in the discharge of their official duties, coming up on the second reading -
It was passed the second reading, and ordered to the third reading.
Mr. BUSKIRK and Mr. GRIFFITH suggested that, on account of the maifest want of a quorum in the Hall, the House was not in a condition to do business.
On the motion of Mr. OSBORN, the House [at 3:35 P. M.] adjourned till Monday morning nine o'clock.
