HOUSE OF REPRESENTATIVES.
MONDAY, December 18, 1865.The roll-call having determined a quorum -
On motion by Mr. OSBORN, the reading of the journal of Saturday was dispensed with.
PETITIONS.
Mr. LEMON presented the petition of sundry citizens of Harrison county for amendment of the law, chapter 54, for legalizing the issuance of county bonds so as to extend the benefits of the 6th section thereof to all soldiers who have served less than twelve months, or have been wounded and honorably discharged.
It was referred to the Committee on Ways and Means.
GENERAL AND SPECIFIC BILLS.
Mr. HIGGINS, from the Committee on Ways page: 224[View Page 224]and Means, reported a bill [H. R, No. 328] for An Act making specific appropriations for the year one thousand eight hundred and sixty-six.
On the motion of Mr. NEWCOMB, (the constitutional restriction being suspended for the purpose, yeas 64, nays 3,) the bill was read twice by title.
On motion by Mr. HIGGINS, the bill was referred to the Committee on Ways and Means.
Mr. BRANHAM, from the same Committee, reported a bill [H. R. No. 329] for an act making general appropriations for the year one thousand eight hundred and sixty-six, repealing certain sections of an act therein named, and declaring an emergency:
And on his motion, (the constitutional restriction having been suspended for the purpose - yeas 62, nays 6)the bill was read twice by title, and referred to the Committee on Ways and Means.
THE ASYLUM FOR THE BLIND.
The SPEAKER laid before the House a communication from the Acting Governor, transmitting a copy of the Nineteenth Annual Report of the Trustees and Superintendent of the Institution for the Education of the Blind, asking for additional appropriations, and recommending that the report be immediately referred to the Committee on Ways and Means.
It was referred accordingly.
REPORTS FROM COMMITTEES.
Mr. CHURCH, from the Committee on Swamp Lands, returned the bill H. R. 000, to amend sections sixteen and seventeen of the act to authorize the construction of levees and drains; recommending its passage.
Mr. BOYD, from the Committee on Claims, reported allowance to Holloway, Douglas & Co., of $771 75, for newspapers, and $62 50 for printing enrolled bills; to Hall and Hutchingon, $771 75 for newspapers; to Mr. Metzger, for the Daily Telegraph, $514 50.
Mr. VEACH reported allowance of the claims of J. L. Salus, Cox and Brandt, and Dorsey and Braman.
These reports were concurred in.
Mr. MEREDITH, from the Committee on Benevolent and Scientific Institutions, submitted a report recommending the following appropriations for the Blind Asylum, viz: For repairs, $2,500; for balance of current expenses, $5,000; for the succeeding year, $29,000, and $7,500 additional to the latter item, which the Committee recommend be incorporated in the Appropriation bill.
The report was concurred in.
Mr. JAMES, from the Committee on Corporations, returned the corporation bill [S. No. 141], recommending its passage.
Mr. VEACH, from the Select Committee thereon, returned his bill, H. R. No. 291, to change the time of holding courts in the Sixth Judicial Circuit, with amendments, recommending its passage.
Mr. BOYD, from the Committee on Claims, reported on the claim of A. N. Hart, of Lake county, the opinion, that the claim is just, and I that said Hart is entitled to receive $5O out of the Swamp Land Fund; but as there is a bill pending for the payment of such claims, they recommend that this be laid on the table.
The report was concurred in.
Mr. VEACH reported the allowance of the claim of H. C. Chandler, $64 90 for paper.
Mr. RICE, from the Select Committee thereon, returned the petition of John Campbell, asking for a change in the Road laws, so as to authorize the roads to be worked by contract. The Committee agree in the main to the suggestion of the petitioner, but considering the burdens of taxation, they believe that a bill for that purpose could not be passed at the present session. They therefore ask to be discharged from further consideration of the subject.
It was so ordered.
THE CALENDAR.
Mr. COFFROTH called for the regular order of business, and moved to suspend the regular orders and take up bills of the House on the third reading.
After debate on preferences in the order of business, by Messrs. Newcomb, Lasselle and Coffroth -
Mr. BUSKIRK moved that sundry bills from the Senate, including by number all that have not been read in the House, be read the first and second time by title, and referred to a select committee, to examine and report them back to-morrow morning.
Tha SPEAKER ruled the motion out of order.
[Mr. HAMRICK interposed a motion to take up the corporation bill [S. No. 103] the special order for this hour, (which was agreed to,) and then it was postponed and made the special order for to-night at 7 o'clock.]
Mr. Coffroth's motion was then agreed to.
Mr. Cowgill's bill [H. R. No. 211] to enable common carriers to dispose of unclaimed freight and baggage, coming up -
The bill passed the House of Representatives - yeas 51, nays 22.
Mr. Coffroth's bill [H. R. No. 238] to authorize foreign guardians to take possession of the personal property of their wards and receipt for moneys belonging to them in this State, and to sue and recover such moneys owing to such wards in this State, coming up -
It was passed the House of Representatives - yeas 69, nays 1.
Mr. GRERORY of Warren's bill, H. R. No. 234, to repeal an act to ascertain the amount of fees and salaries in the Supreme Court and the Courts of Common Pleas of this State, Sheriffs of the Supreme Courts, and other Courts of the State, and providing a penalty, approved June 3, 1861, coming up -
Messrs. GREORY, NEWCOMB and LASSELLE stated that it was to repeal a useless law.
The bill passed the final reading in the House - yeas 51, nays 16.
Mr. Miller's bill H. R. No. 214, to repeal the act to enforce the 13th article of the State Constitution, coming up -
Mr. COFFROTH. So long as the Constitution is in force, and we have taken an oath to support the Constitution, he moved to indefinitely postpone this bill.
Mr. NEWCOMB should vote against the bill, though it was to repeal a dead letter on the statute book.
Mr. GRIFFITH concurred.
Mr. MILLER thought the reasoning of the gentleman from Marion ought to induce the repeal of dead letters in the statute.
page: 225[View Page 225]Mr. COFFROTH withdrew the motion to postpone.The bill was rejectedyeas 16, nays 58.
Mr. Buskirk's Common Pleas bill H. R. No. 253, [affecting the counties of Morgan anh Monroe, in that District - the District being composed of the counties of Morgan, Johnson, Shelby, Brown and Monroe,] - coming up -
It was passed the final reading in the House of Representatives - yeas 73, nays 0.
Mr. Colleger's bill [H. R. 164] to provide for locating and working highways situated upon, contiguous to, or near by county lines; coming up -
Mr. LAKE and Mr. STRINGER explained. The Commissioners and Supervisors shall work county line roads by districts on both sides of the line.
The bill was passed the House of Representatives - yeas 70, nays 2.
Mr. Lasselle's bill [H. R. No. 276] to authorize County Auditors to issue fee bills for cost; accrued before County Commissioners; coming up -
It was passed the House of Representatives yeas 72. nays 1.
Mr. Hamrick's bill H. R. No. 241, to amend the act of May 12, 1852, authorizing plank, macadamized and gravel roads; [the tolls in the general act to be just the same as authorized by the special act of last session,] coming up -
Mr. COLLINS and Mr. OLLEMAN considered that the bill ought not to pass. The roads were not kept up. It was for the benefit of road stock holders.
Mr. HAMRICK was advised that quite a number of gravel roads would go down unless the tolls were raised. The growing prosperity of the State demanded good roads, which could not be so well supplied and kept up without these companies.
The bill was rejected - yeas 21, nays 56.
Mr. Milroy's bill, H. R. No. 240, to relieve county officers from the penalty attaching to them on account of negligence of execution of the act of March 2, 1865, for keeping useless sheep-killing dogs, coming up -
Mr. NEWCOMB moved ineffectually to amend by adding a provision to repeal the said act of March 2,1865.
The bill passed the House of Representatives - yeas 64, nays 16.
Mr. Ferns' bill [H. R. No. 252] to incorporate an additional section into the common school law of 1865, so as not to exclude from the common schools, persons over twenty-one and under six years of age, coming up -
On motion by Mr. BRANHAM and Mr. BROWN, it was recommitted, with instructions to strike out "six."
Mr. Bonner's bill H. R. No. 271, to allow County Commissioners to authorize District Road Companies, where three-fifths petition for the same, and to levy a tax for construction, coming up -
Mr. WRIGHT said it was impossible for the roads to be completed in one year.
On motion of Mr. COFFROTH, it was laid on the table.
Mr. Hoover's bill [H. R. No. 263] to prevent conductors of Railroads from obstructing crossings of highways, coming up -
On motion by Mr. BRANHAM, by unanimous consent, it was amended so as to prescribe that the obstruction shall not be continued for more than ten minutes.
The bill was passed the House of Representatives - yeas 71, nays 4.
Mr Collins' bill [H. R. No. 23,] to provide for draining and ditching wet and overflowed lands, coming up, with the committee's amendments heretofore reported -
Mr. COFFROTH said this was a bill to perfect the general drainage law, and on his motion, the amendments were adopted.
The bill was ordered to the engrossment, considered as engrossed, and read the third time and passed the House of Representatives yeas 68, nays 3.
Mr. Brown's Locomotive Engineer's bill, [H. R. No. 301] coming up, it was laid over for -
Mr. PETTIT (Mr. Henricks in the Chair). He introduced a concurrent resolution on the subject of foreign interference in Mexico, and in relation to neutral and belligerent rights. [It declares the separate and independent right of the people of Mexico to maintain the government and policy of its own choice, against the introduction of foreign levies mercenaries, and that such interference would be regarded as aggressive upon our national policy, and that it is the duty of the United States to apply to all other Governments the same rule of natural and belligerent rights that they have applied to us in derogation of public law,]
Under a rule of the House, it goes to the Committee on Federal Relations, without debate.
On motion of Mr. BROWN, the house took, recess till 2 o'clock P. M.
AFTERNOON SESSION.
The roll call having determined a quorum -
Mr. HENRICKS, in behalf of the Committee on Claims, asked and obtained leave to report the allowance of the claims of Mr. O. Chrisman; which was concurred in.
Mr. GRIFFITH obtained leave to change his vote on Mr. Miller's bill, H. R. No. 214, repealing the black laws. He voted now, aye.
On motion by Mr. BROWN, the Senate amendments to Mr. Branham's bill [H. R. 285] to provide a State Debt Sinking Fund, were taken up; and he moved that the bill and amendments be referred to a select committee of five.
Mr. HENRICKS moved to amend the motion so as to refer the matter to the Committee on Ways and Means.
Mr. BRANHAM demanded the yeas and nays.
Mr. BROWN withdrew his motion, to avoid loss of time with yeas and nays.
Mr. NEWCOMB proposed to file an amendment for examination of the Committee to this effect: The 4th section of the act of July 19, 1846 shall not be repealed, nor the State Agency in New York abolished, unless the holders of the 2 1/2 and 5 per cent, bonds of the State execute and the with their agent in the city of New York, their assent to the terms of this act, &c.
The subject was referred to the Committee on Ways and Means.
On motion by Mr. BROWN, his Locomotive. Engineers bill, H. R. No. 301, was made a special order for to-morrow 10 o'clock.
Mr. DUNHAM called up the special order, viz: the Senate amendments to the House page: 226[View Page 226] amendments to the Senate Morgan Raid bill [S. No. 15.]
Mr. DUNHAM. The Senate have concurred in all the House amendments except that creating three commmissioners. He moved that the House insist on its amendment to the bill, and ask a Committee of Conference.
The motion to adhere was agreed to.
The SPEAKER said the application for conference comes from the Senate.
On motion by Mr. BRANHAM, the House took up (out of order) the bill [S. No. 314] to authorize the Board of Sinking Fund Commissioners to invest any money in their hands in Indiana State bonds or stocks, and to issue new non-negotiable bonds payable to said fund.
Mr. BRANHAM moved that the constitutional restriction be suspended, and the bill be twice read by title, and ordered to the third reading.
Mr. BROWN insisted that this bill should not be hurried through at once, with only one reading. It was a bill of too much importance to treat in that way.
Mr. BRANHAM said the House was as competent to pass upon it to-day as it could be at any future day.
Mr. BROWN. The gentleman from Jefferson might understand it, but he did not think there were ten in the House besides that gentleman who could say they understood it perfectly.
Mr. MILLER concurred with Mr. Branham.
The House refused to suspend the restriction - yeas 58, nays 30 - two-thirds not voting in the affirmative.
ORDER OF BUSINESS.
Mr. BUSKIRK moved a resolution ordering that sundry bills from the Senate (embracing all in the files on the first reading) be taken from the table, and that they be read the first and second time by title, and be referred to a Select Committee of four members.
Mr. B. argued for this course, and defended it by reference to precedents in the Illinois Legislature, and in the Senate of this General Assembly.
The SPEAKER holds that it is not competent to make this motion, except under a suspension of the rules.
Mr. B. moved a suspension of the rules to enable him to offer the resolution.
Mr. BROWN insisted that such a course would not be in compliance with the Constitution. But one bill could be before the House at the same time. He read the constitutional provision. As for the precedent found in the proceedings of the Illinois Legislature, he could not respect the authority. You could no more consider two bills at the same reading at the same time, than you could consider two bills on different readings at the same time. Gentlemen would see that this course would be putting their bills beyond their control, subjecting them to the favoritisms and preferences of the special committee of four. Suppose he was in favor of some of these ninety or a hundred bills proposed to be considered in gross, and opposed to others of them, how should he vote? He made the point that this resolution would be in violation of the 18th section of the 4th article of the State Constitution.
Mr. NEWCOMB. These bills, for want of time, were absolutely beyond our control now.
Mr. DUNHAM. Why could there not be enough of unselfish patriotism in the House to make a combination for the public welfare, by laying aside all minor measures, and taking up only those of pressing public importance?
Mr. NEWCOMB thought, under this plan, we ought to get through with all the bills. He answered the constitutional objection urged by Mr. Brown. It was as competent to suspend the restriction on several bills, as upon one bill. He understood that this rule was practiced in the Senate, though not perhaps with so large a batch of bills at once.
Mr. HIGGINS was unwilling, by this order, to take up bills on the first reading, to the neglect of bills on the second reading, which were grst in order. He moved, ineffectually, to lay the motion to suspend the rules on the table.
Mr. BUSKIRK had no personal interest in this motion. Gentlemen on all hands had asked him to make it. It was to accomodate those members who had not managed to get their measures forward. He promised that if this order was taken, every bill should be reported by 12 o'clock to-morrow.The rules were then suspended, and Mr. Buskirk's resolution, embracing the order above described, was submitted to the House, and read by the Clerk.
The SPEAKER said the question on the adoption of the resolution (it being a suspension of a constitutional restriction), would be taken by yeas and nays.
The vote resulted - yeas 65, nays 22 - so, (two-thirds voting in the afiirmative) the restriction was suspended, and the resolution was adopted.
The SPEAKER said: In the execution of this order, it is but candor on the part of the chair to confess some want of confidence in directing the suspension of a constitutional provision in gross; and in what he does he will be regarded as strictly carrying out the order of the House.
The SPEAKER then announced the first and second readings (by title) of bills from the Senate numbered: 284, [joint resolution No. 15,] 187, 228, 223, 215, 214, 213, 208, 220, 225, 230, 234, 239, 241, 244, 246, 284, 252, 254, 255, 270, 281, 303, 305, 308, 312, 313, 314, 296, 295, 282, 310, 311, 315, 294, 283, 278, 159, 256, 258, 249, 261, 262, 268, 269, 272, 290, 216, 212, 156, 289, 300, 301, [joint resolution No. 24,] 218, 164, 247, 174, 273, 271, 275, 219, 293; and that they were respectively referred to the special committees under the special rule just adopted.
The SPEAKER (responding to a Senate message) appointed the following Committee of Conference on the disagreeing votes of the two Houses as to amendments to the bill S. No. 15, viz: Messrs. Newcomb, Dunham and Prather.
The SPEAKER then announced the consideration of bills from the Senate on the second reading, viz: 36, 163, 108, 199, 149, 185, 75, 227, 106, 231, and they were read by title for the second reading, and referred to the special committee of four.
Mr. BROWN here interposed a question of order. He submitted that no bill can be read by title and referred under the resolution of the gentleman from Monroe, except such as are mentioned there by number - such as have not been read at all.
page: 227[View Page 227]The SPEAKER considered the point well taken.
Mr. HIGGINS moved for a suspension of the rules to enable him to offer the following:
Resolved, That Senate bills numbered 36 etc. , [al in the files on the second reading,] be now taken that the constitutional provision requiring their reading on three several bills be dispensed with; and that, these several bills be now read the second and third times - the second time by title.
Mr. DUNHAM said we were breaking down all the safeguard the Constitution has placed against hasty legislation. And he showed the inducements to combinations for advantages under such a rule.
Mr. BURWELL proposed to amend; and that said Senate bills be referred to a Committee of one member, who shall examine and report back such as he thinks ought to pass, and that the same be passed without calling the yeas and nays.
Mr. BRANHAM proposed to add: And that the remainder of the members be allowed to go home.
Mr. NEWCOMB replied to Mr. Dunham's objections; and to the constitutional objections.
Mr. BRANHAM entered his protest against this summary legislation. If we passed fewer bills, and taking more pains with them, the public good could be better subserved.
[Mr. HAMRICK interposed an order for a night session, which was agreed to.]
Mr. HIGGINS said, objection came with a bad grace from Mr. Branham, when it was remembered that the gentleman himself had this day asked for a suspension of the restriction on a bill reported by himself
Mr. GRIFFITH also protested against this proceeding, and counselled a reconsideration:
Mr. BROWN proposed to place it within the knowledge of every member, that he could not vote for this resolution without violation of his constitutional oath. The closing of a session of the Legislature was not the emergency contemplated in that clause of the Constitution which authorizes a suspension of the restriction, that each bill shall be read three times on three several days. The Constitution not only requires that but one bill should be considered at one time, but that the Legislature shall not consider but one subject at a time. It was a violation of the spirit of the Constitution; and the spirit was higher than the letter.
Mr. GREGORY, of Montgomery, filed a motion to reconsider the vote of the House adopting Mr. Buskirk's resolution.
Mr. HIGGINS withdrew that part of his resolution which refers to the third reading of the bills named.
Mr. BURWELL moved to lay the motion to suspend the rules on the table, demanding the yeas and nays, which were ordered.
The motion was laid on the table yeas 62, nays 15.
Mr. GREGORY, of Montgomery, now called Up his motion to reconsider.
Mr. NEWCOMB justified and defended the action on Mr. B.'s order. There were precedents which justifies it under the Speakership of Mr. Allen, in 1861, and subsequently under the Speakership of the gentleman from Monroe. He did not want to recede from this action, which would pending business.
Mr. LANE and Mr. MILLER doubted whether the reconsideration of the vote on the resolution could vitiate the action on the bills referred to to the Special Committee of four.
Mr. FOULKE demanded the previous question, and under its pressure, Mr. Gregory, of Montgomery's motion to reconsider was rejected - yeas 88, nays 49.
On motion of Mr. SHOAFF, of Allen, the House took a recess till 7 o'clock P. M.
NIGHT SESSION.
Mr. LASSELLE moved for a dispensation of the orders, to enable him to move to take up his bill H. R. No. 309, authorizing County Commissioners to appropriate money for aiding im the erection and construction of manufacturing and machine shops, under restrictions. He stated the guards and restrictions with which the bill was invested.
Mr. COWGILL. Some citizens of Cass county had informed him that this bill was more for the benefit of parties outside of Cass county, than for Cass county herself.
Mr. BURWELL objected to this bill, because it puts too much labor on those opposed to the Commissioners making the appropriation, requiring a majority to remonstrate, whilst one-fourth may make the petition.
Mr. BUSKIRK and BROWN replied.
Mr. COLLINS made the point, that it is not in order to debate the merits of the bill on the motion to take it up.
The SPEAKER overruled the point.
Mr. BROWN supported the bill by the consideration that this machine shop in Cass county would increase the taxable property of the State a million of dollars, besides all the individual and local advantages connecting themselves with it.
Mr. NEWCOMB did not want his County Commissioners to be taxing the people of Marion county to build railroad shops. He demanded the previous question, and under its force, House refused to suspend the the orders.
SPECIAL COMMITTEE OF FOUR.
The SPEAKER announced the following Committee under Mr. Buskirk's resolution of to-day, viz: Messrs. Buskirk, Henricks, Cowgill and Gregg.
GENERAL CITY CORPORATIONS.
Mr. HAMRICK called up the special order, viz: the bill S. No. 103, repealing and revising the general city corporation laws, the question being on the amendment proposed by Mr. Rhoads to strike out "15," and insert "five" in lieu.
On motion by Mr. NEWCOMB, Mr. Higgins' amendment, adopted Saturday, with reference to the term of office of Councilmen was reconsidered.
Mr. HIGGINS now withdrew the latter clause of his amendmentso much as applied to Councilmen - and submitted literal amendments, and an arrangement by which Councilmen shall be elected, the first half for one year, and the second for two years, and so on, each class for two years thereafter.
The amendment was adopted.
Mr. HOWARD desired unanimous consent to amend by striking out the provision authorizing the Common Council to annex and assess page: 228[View Page 228] five acres of ground not within the corporation limits of the city.
The SPEAKER. The Chair thinks it is not in order - the House having acted specifically on that point.
The bill was then read through by the Clerk, as amended.
Mr. HAMRICK stated that this bill was the result of the labors of the joint committee, of the two Houses. That committee had employed a clerk, at an expense of about a hundred dollars, and were occupied about two weeks (in session every night, and Lieutenant-Governor Baker meeting with them,) in its preparation. So many amendments had been fubmitted to differents sections of the general act, that it was thought best to codify the law in relation to city corporations. Since last winter, it has become manifest that we shall very probably, next Spring, be visited by the cholera. And there has been a convention of the Mayors of the various cities of the State to devise and agree upon sanitary means to ward off the pestilence. The committee have had the benefit of their deliberations; and most of the amendments of the original draft of the bill have respect to sanitary regulations. The bill is so long that its scope cannot be fully understood from the Clerk's reading; and he supposed that the House would have to vote for it on the confidence which we repose in the Joint Committee.
He demanded the previous question, and under its force, the bill passed the House of Representatives - yeas 56, nays 22 - Nr. Gregory, of Warren, Mr. Abbett and Mr. Milroy explaining their votes.
Mr. DUNHAM made an ineffectual motion to adjourn.
The Vernon corporation charter amendment bill, S. No. 21, coming up -
It was read the third time by the Clerk.
Mr. PRATHER moved to amend, by striking out "land," and inserting "lot." Amending the title by inserting "nineteen" after "eighteen." Striking out "'Recorder," and inserting "Marshal," in lieu.
The vote stood - yeas 63, nays 1 - no quorum voting,
And then (at 9:45 P. M.) the House adjourned.
