HOUSE OF REPRESENTATIVES.
SATURDAY, March 9, 1867.The House met at 9 o'clock A. M.
On motion of Mr. SHUEY, the reading of the journal of yesterday's proceedings was dispensed with.
REPORTS FROM COMMITTEES.
Mr. BAKER, from the Committee on the Judiciary, returned the bill [S. 211] recommending its indefinite postponement.
Mr. DAGGY,from the Committee on the Judiciary, returned the third day issue bill [S. 129] recommending its indefinite postponement.
Mr. CHAIN, from the Committee on Railroads, returned the railroad freight bill [S. 91] recommending that it be laid on the table
These reports were severally concurred in.
Mr. MCCARTHY, from the Joint Committee on the State Library, to whom was referred the report of the Librarian, made a report on the condition of the Library.
Mr. CAMPBELL, from the select Committee thereon, returned his Twelfth District Common Pleas bill [H. R.345] with an amendment, recommending its passage.
On motion of Mr. CAMPBELL, (there being a dispensation for the purpose) the report was taken up and concurred in.
On motion by Mr. HIGGINS, the order of business was suspended, and it was ordered that the House proceed to the consideration of bills from the Senate on the third reading
Mr. THACHER made an ineffectual effort for a motion to reconsider the vote on the claim of G. F. Cookerly.
LANGDON AND APPLEGATE DECISION.
The Langdon against Applegate repeal bill [S. 63] was taken up.
Mr. PEELLE and Mr. MILLER explained that the repeal of those statutes was necessary to preserve titles acquired under the Langdon and Applegate decision.
The bill was finally passed the House - 65 to 2
SOLDIERS.
The soldiers bill [S. 22] reducing fees of clerks, justices and notaiies charged to soldiers was passed the final reading in the House - 7O to 0.
FISH BILL.
The fish bill [S. 30] (unlawful to trap, net or shoot fish for years, and after between the first days of May and September) coming up -
Mr. SHUEY asked and obtained unanimous consent to amend by inserting the following:
"Provided, however, that the penalty herein shall not be enforced against, any person far taking fish out of the Ohio and St. Joseph rivers."
So the bill passed the final reading in the House of Representatives - 60 to 18.
The capias ad satis faciendum bill [H. R. 32] was finally passed the House of Representatives - 60 to 11.
HIGHWAYS.
The bill [S. 43] concerning the location or relpcation of highways, was finally passed the House of Representatives - 60 to 15.
The bill [S. 58] requiring assessors returns on the second Monday in April, and the Board of Equalization shall be established en the same day, was finally passed the House - 57 to 22.
DRUNKARDS.
The drunkards' guardian bill [S. 8] was finally passed the House of Representatives - 61 to 23.
Mr. McLEAN rose to a privileged question, to amend the title to Mr. Belford's joint resolution No. 9, to make it comform to the amendment of the Senate, viz: "A joint resolution establishing a military agency for the collection of back pay," &c.
THEOLOGICAL SCHOOLS.
The bill [S. 86] supplemental to the act for the incorporation of high schools, academies, theological seminaries, &c., approved February 28, 1855, was passed the House of Representatives - 70 to 0.
ROAD COMPANIES.
The bill [S. 11] amending sections three and fourteen of the act allowing County Commissioners to organize road companies (land shall not be assessed for more than one road at one time) - coming up -
Mr. THRASHER explained its single provision.
The bill was finally passed the House of Representatives - yeas 73, nays 8.
MACHINE SHOPS.
The bill [S. 47] authorizing Boards of County Commissioners to make appropriations in aid of the construction of manufacturing establishments and machine shops (when a majority of the legal voters do not object,) coming up -
Mr. McFADIN said this general provision was desirable in his county.
VOICES. "It's a good law." "It's right."
The bill was finally passed the House51 to 21.
The bill [S. Ill] authorizing townships, towns and cities to levy school tax - not ex page: 441[View Page 441]ceeding 25 cents on each $100, and 25 cents on each poll, was finally passed the House. 62 to 12.
The bill [S. 143] to amend the schools incorporation act of February 28, 1855, by striking out from section one the proviso. "that no such institution shall hold more than $40 000 in real, estate, nor shall the capital stock of any such association ex ceed $100,000" - was finally passed the House of Representatives - 67 to 4.
CONVENTIONAL INTEREST.
The conventional interest bill [S 93] (10 per cent interest on contract iu writing) coming up -
Mr WOOFER urged its passage.
Mr. BIRD objected that it made 10 per cent, collectable on judgments where there is a written contract.
The bill finally passed the House51 to 31.The Peter and Benoni Wells relief bill [S. 174] was passed the final reading'in the House of Representatives - 82 to 1.
MADISON COUNTY BONDS.
The bill [S. 152] to provide for the payment of the [Madison] county bonds of the denomination of $100, dated April 2, 1865, bearing six per cent, interest for the pur pose of paying bounty, coming up with the House amendment, which provides that all soldiers in such counties entering the service in 1862 and 1863, under restrictions, shall receive $100, provided nothing in this act shall be so construed as to apply to any county except such as have issued the particularly described bonds.
After debate by Messrs. GRIGGS, DAGGY, SHIELDS and BLACK -
On motion of Mr. NEWCOMB, by unanimous consent, the bill was amended in the first section by striking out the words, "of any county in the State," and inserting "the county of Madison" in lieu.
Mr. HUGHES read the constitutional provision which ought to keep out the amendment.
Mr. WOODS thought the amendment ought to be inserted as a separate section He desired unanimous consent that it be so inserted.
It was so ordered.
The bill was finally passed the House 53 to 23.
SOLDIERS' HOME.
The Knightstown Soldiers Home bill [S. 4] coming up -
Mr. HUGHES gave reasons for his vote against the bill. Before six months passes away, perhaps, these disabled soldiers will all be cared for in asylums established by the General Government with munificent endowments. One of these asylums was located near by, at White Sulphur Springs28in the State of Ohio. It was in no spirit, of iliiberality that he withheld his vote from this appropriation of $25,000
Mr. LITSON urged the passage of the hill. It would relieve many a soldier languishing hi the county poor houses [Voices: 'None in mine." "Name them "] It were as easy to name them as to withhold. He appealed again to the House to pans this bill.
The bill was finally passed - 68 to 13.
[Mr. HUGHES, from the special committee thereon, returned the liquor bill [S. 46] with amendments.
ROAD TAX PER ACRE.
The road tax bill [S. 95 - see page 105 taxing 25 cents on each $100, and two to five cents per acre of land] was finally passed the House of Representatives - 52 to 21
ST JOSEPH RIVER.
The bill [S. 75] for the incorporation of lackwater navigation companies, defining their powers and duties, coming up -
Mr. SHUEY stated that the bill was intended to embrace provisions favorable to a slack-water navigation company to be established on the St. Josepk river - to operate from in South Bend to Lake Michigan
Mr. HUGHES said he should vote for the bill with great pleasure - regretting only that there yet remains perhaps some prairie or patch of woods pasture in the State which th s Legislature is not likely to incorporate.
The bill was finally passed the House 63 to 13.
Mr. Montgomery's Fourth Judicial Circuit bill [H. R. 278] which was yesterday reconsidered and amended, was now again passed the House of Representatives - 71 to 0.
The Kendallville special school tax bonds bill [S 214 - see page 286] coming up -
Mr. GEISENDORF and Mr DAGGY explained. The bill was desired in Noble county. It was to authorize loans of not exceeding $25,000 for high school buildings,&c.
It was finally passed - 61 to 9 - with an amendment of title, viz:
"An act to authorize cities and incorporated rowns to execute, negotiate and sell bonds t0 procure money to complete unfinished school buildings, and to authorize the levy of an additional school tax tor the payment of the principal and interest of such bonds "
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion of Mr. NEWCOMB, the township library tax repeal bill [S. 245] to repeal section 131 of the common school lawv, was taken up. oa the second reading thereof.
page: 442[View Page 442]On his motion, (under a the rule and constitutional restriction68 to 2) it was read the second time by title, and again by sections.
It was finally passed the House - 66 to 10.
On motion of Mr. SHUEY, the Senate's request for return of the House bill No. 267 for the purpose of receding from amendments thereto, was concurred in.
GENERAL APPROPRIATION BILL.
On motion by Mr. NEWCOMB, the Sen ate's engrossed amendments to the genera appropriation bill [H R. 245] were taken up and read by the Clerk.
The first, second, third, fourth, and the amendments to the Senate were concurred in.
On motion of Mr. MILLER, the order for the consideration of Senate bills on the third reading was resumed.
THE LIQUOR TARIFF.
Mr. HUGHES moved to take up the liquor license bill [S. 46]; which was agreed to - 49 to 31.
The Special Committee's amendments saving pending prosecutions - providing against sale of mixed wines - disorderly houses - sale to minors - next of kin may recover $100 extra penalty.
Mr. HUGHES explained the amendments reported and the reason for them.
Mr. McFADIN appealed to those who have failed to pass a prohibitory law, to come up now and vote for a just bill - that leave laborers to drink wine and beer as they wish, without sumptuary restrictions.
Mr. MILLER demanded the previous question, and thereunder -
The several amendments of the special committee were concurred in.
The bill failed, lacking a constitutional majority - 47 to 45, viz:
YEAS - Messrs. Belford, Blanch, Campbell, Chambers, Crain, Daggy, Danaldson,, Dunn, Ervin, Evans, Ferris, Gordon, Greer, Griggs, Hartman, Hamilton, Hudson, Hughes, Litton, Martin, Mason, McCarthy, McClasky, McLean, McMurray, Miller, Moore, Newcomb, North, Puelle, Ratliff, Rosser, Sabin, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Stewart, Tnrasher, Thomas, Wason, Wilson, Wolfer, Woods, Wright and Mr. Speaker - 47.
NAYS - Messrs. Baker, Bischof, Black, Bobo, Brucker, Carter, Corey, Crowe, Douglass, Edmonson, Funk, Geisendorff, Green, Havs, Higgins, Hopkins, Honners, Hostetter, Hungate, ninan. Riser, Long of Jackson, Long of Kosrd mko, Lopp, McFadin, Morrison, Montgomery, 0'Neil, Prather, Ross, Scammahorn, Shields, Sbull. Stackbouse, Stafford, Tebbs, Thacher, Van Valkenburgh. Vawter, Watson, Williams, White, Wolfe and Wolflin - 45
SENATE BILLS PASSED.
The Common Pleas Clerks to itemize their fees bill [S. 118] was finally passed the House - 70 to 4.
The guardian and ward amendment bill [S 151] coming up -
Mr. O'NIEL explained that it was to remedy the defect of the law so as to to admit of constructive notice in cases of suits on the bonds of absconding guardians.
It was finally passed the House - 80 to 0.
The 22d Common Pleas district bill [S. 206 - Tippecanoe and Warren] was finally passed the House 69 to 5.
The rendition of fugitives bill [S. 212] was finally passed the House - 84 to 0.
The electric telegraph companies incorporation bill [S. 79] coming up -
Mr. HOPKINS said it was to supply the lack of legislation on this subject in the State of Indiana.
The bill was finally passed the House - 68 to 9.
The steam packet company incorporation bill [S. 89] was finally passed the House - 57 to 23.
The Evansville (6th section) charter amendment bill [S.154] coming up -
Mr. THACHER moved to lay it on the table, but did not press the motion.
Mr. HOPKINS explained that the bill requires voters to pay their taxes before voting - to facilitate the collection of revenue. It merely authorizes such a municipal regulation. The same authority has been granted to charter other cities in the State with special charters.
The bill finally passed the House - 54 to 25.
The Supreme Court sheriff ($1,200) salary bill [S. 36] coming up -
Mr. NEWCOMB explained that the Supreme Court sheriff fees do not now amount to more than about $150 a year.
On motion by Mr. HUGHES the bill was laid on the table.
The Senate street railroad bill No, 119, was laid on the table, as superseded matter.
REGISTRY BILL.
Mr. ROSS, from the Committee on the Senate Registry bill No, 2, with the House amendments thereto, reported that they were unable to agree, and asked, but failed to obtain discharge from further consideration of the subject.
Mr. McFADEN. The registry bill has gone with the temperance bill.
The road tax assessment bill [S. 54 - see page 68 - it authorizes assessments on lands within one and a half miles on either side and from either terminus] coming up, it failed on its final passage in the House-50 to 21, for lack of 51 votes.
The Governor's successorship bill [S. 164] was finally passed the House of Representatives - 71 to 5.
page: 443[View Page 443]The holidays bill [S. 97] failed to pass the House - 44 to 24.
THE SPECIFIC APPROPRIATION BILL.
On motion of Mr. NEWCOMB, (the order of business being suspended for the purpose) the Senate amendments to the specific appropriation bill [H. R. 350] were taken up and read by the Clerk.
Mr. HIGGINS moved to strike out section 45 - the appropriation for the BREVIER REPORTS.
After debate by Mr. NEWCOMB, Mr. HUGHES, and others -
Mr. HIGGINS proposed to amend by adding 300 copies at a price not exceeding $1,50 per copy.
Mr HUGHES said: If we are to concur in this section he would propose to add the following:
Provided That no official sanction is hereby given lor accuracy or fullness
It was adopted by consent.
Mr. HIGGINS' amendment was rejected by yeas 34, nays 51.
Mr. HIGGINS then moved 600 copies at the same price.
Mr HUGHES gave notice of a section for 100 copies of 0. M. Wilson's Digest at $2,20 per copy - $220,00.
Mr. HIGGINS' motion was rejected by yeas 32, nays 61.
Mr. GRIGGS and Mr. McCARTHY moved to reject the BREVIER section in the bill.
On motion by Mr. VAN VALKENBURGH this motion was laid on the table by yeas and nays.
After debate by Messrs. NEWCOMB, HUGHES, VAN VALKENBURGH, Mo FADIN, STAFFORD, STACKHOUSE and others -
Mr. NEWCOMB proposed to amend further (on account of indefinitness) by striking out the words: "at the same price paid per page for the last several volumes" and inserting these in lieu "at not exceeding two-thirds of a cent per page."
The amendment was agreed to, and then the section 45, as amended, was concurred in by yeas 42, nays 35 - as follows:
YEAS - Messrs. Baker, Black, Bobo. Brucker, Chambers, Gorey, Orowe, Douglass, Dunn, Edmonson, Ferris, Green, Honneus, Hostetter, Hungate, Inman, Kiser, Litson, Long of Jackson, Lopp, McFadin, McLean, Miller, Montgomery, Newcomb, O'Neil. North, Ross, Scammahorn, Shields, Shoaff, Stackhouse btewart, Tebbs, Thacher, Thrasher, Van Valkenburgh, Vawter, Williams, Wolfer, Woods, and Wright - 42.
NAYS - Messrs. Blanch, Grain, Donaldson, Evans, Foulbe, Funk, Geisendorff, Gordon, Griggs, Hartman. Higgins, Hopkins, Hudson, Hughes, Long of Kosciusko, Martin, Mason, McCarthy. McMurray, Prather, Ratliff, Sabin, Shook, Shull, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Thomas, Wason, Watson, Wolfe, Wolflin and Mr. Speaker - 35.
Mr. HIGGINS moved a section for allowance of $800 to John I MORRISON for clerk hire.
On motion of Mr. MILLER, it was laid on the table.
Mr. HUGHES' motion for an allowance of $220 for one hundred copies of Wilson's Digest was agreed to.
On motion of Mr. MILLER a night session was ordered at seven o'clock.
THE REGISTRY LAW.
Mr. PEELE, from the Committee of oriference on the Registry bill [S. No. 2] reported a recommendation that the House recede from its amendmenis thereto
The House concurred in the report with applause from Democratic benches.
CRIMINAL COURTS.
On motion by Mr. PEELLE, there being a dispensation of the constitutional restriction for the purpose - 76 to 0 - the bill [S. 237] creating the 19th, 20th- and 21st Judicial Circuits, &c., [Fort Wayne, Lafayette and Richmond Criminal Circuit Courts] and to provide for the election of Judges and Prosecuting Attorneys thereof, and providing compensation therefor, declaring their jurisdiction, and providing for the transfer of actions thereto, was taken up and read the third time.
It was passed the final reading in the House of Representatives - 60 to 12.
The House then took a recess till seven o'clock.
NIGHT SESSION.
On motion of Mr. WATSON, the House receded from its engrossed amendment to the court bill S. No. 4.
The engrossed Senate amendment to Mr.Daggy's vacating roads bill [H. R 91] with the consent of the owner of the landover which the road passes," was taken upand concurred in.
The Senate amendment to Mr. Funk's circuit court bill [H. R. 337] was taken up and concurred in.
The Senate amendments to Mr. Daggy's special Committee bill [H. R. 244] districting the State for judicial purposes, was taken up and passed over on account of the absence of Mr. Shields.
SENATE BILLS PASSED.
On motion of Mr. BOBO, (there being a dispensation for the purpose) the bill [S. 236] fixing the times of holding courts in the 10th judicial circuit, was taken up and passed the final reading in the House - 76 to 0.
On motion of Mr. EVANS (there being a dispensation for the purpose) the bill [S. 195] to cure defective and illegal executors, and administrators bonds, and their sureties, was taken up and finally passed the House - 77 to 0.
page: 444[View Page 444]On motion of Mr. Stewart (there being; a dispensation for the purpose) the bill [S. 213] concerning the punishment of women and girls convicted of crime, misdemeanors, was finally passed the violation of any city ordinance, which was read by the clerk.
Mr. STEWART proposed to amend to the effect that the mayor be authorized to convict and sentence for the same period of time that a circuit or common pleas court could do for like offense. He said that the object is to take these people from the jails where they are, and place them were they may be reformed.
The amendment was adopted by consent; and so the bill finally passed the House - 58 to 9.
On motion Mr. ROSS< the House returned to the consideration of the Senate amendments to the committees circuit court districting bill [H. R. 244]
Mr. ROSS moved that the House do not concur except in the first, sixth and seventh of the Senate amendments.
Mr. SHUEY proposed to amend the motion by saying the house refuses to concur.
The bill was withdrawn again.
On motion of Mr. WASON, it was ordered that the House pursue the calendar of Senate bills on the third readng till 10 o'clock.
The Fulton Court term extension bill [S. 203] was finally passed the House - 74 to 5.
The township or town to subscribe to any road, railroad or slackwater navigation companies stock subscriptions bill [S. 41] was finally passed the House of Representatives - yeas 55, nays 19.
On motion of Mr. ROSS, the House returned to the consideration of the Senate amendments to Mr. Daggy's committee's general judicial districting bill [H.R. 244]
Mr. NEWCOMB counselled against non-concurrence - preferring the bill as it is to no bill.
Mr. ROSS asked the House to concur in the amendment affecting Tippecanoe county; and to non-concur in the changes affectng the counties of Fulton and Starke.
Mr. SPENCER was opposed to concurrence.
Mr. GORDON preferred concurrence.
Mr. DAGGY proposed to amend the motion to concur by adding, "with an amendment affixing the provisions of his bill [H. R. 338] fixing the times and terms of the Circuit Courts in the several counties of the State."
On motion of Mr. HARTMAN, the subject was laid on the table. The Evansville Railroad Stock Subscription bill [S. 223] was finally passed the House - 64 to 4.
THE LIQUOR TRAFFIC
Mr. LONG, of Kosciusko, moved for another vote on the liquor license bill [S. 46] which as heretofore failed several times for want of a constitutional majority.
The motion was agreed to.
Mr. LONG, noticing a disposition on the part of the House not to act favorably on the bill, withdrew his motion, contenting himself with an appeal to the people on this temperance question.
Messrs. Fuller, Bird, Shoaff and McFadin obtained leave of absence.
The Insane Hospital patients furnishing ill [S. 116] was laid on the table.
SENATE BILLS PASSED.
The insurance bill [S. 140] was taken up.
Mr. PEELLE said that the bill merely authorizes insurance companies to take up their bonds and close up their business.
The bill finally passed the House - 68 to 2. The railroad forfeiture bill [S. 125] was finally passed the House of Representatives - 60 to 7.
The competent witness bill [S. 29] being the House substitute therefor, was finally passed the House of Representatives - 54 to 28.
The Road Tax bill [S. 88] was laid on the table.
The Insured Property Protection bill [S. 103] - penalty imprisonment not exceeding three years, and fine not exceeding $1,000-was finally passed the House of Representatives -5 8 to 9.
The bill [S. 114] for amendment of sundry sections of the Common School bill, coming up -
On motion of Mr. FUNK it was laid on the table - yeas 47, nays 30.
The Common School Tax Assessment bill [S. 117] striking out the word "white'" and making no distinction as to "taxation" and "children" coming up -
Mr. RAMLIFF explained its provisions.
The bill was rejected-29 to 44-as follows:
YEAS -Messrs. Bischof, Chambers, Crowe, Ervin, Ferris, Foulke, Geisendorff, Griggs, Hartman, Martin, McCarthy, Miller, Newcomb, Peelle, Prather, Ratliff, Rosser, Sabin, Scammahorn, Shuey, Smith, of Lagrange, Spencer, Stafford, Thrasher, Wason, Wilson, Wolfer, Wolflin, Woods and Wright - 29
NAYS - Messrs. Baker, Barritt, Belford, Black, Bobo, Corey, Crowe, Daggy, Danaldson, Dunn, Edmonson, Evans, Funk, Geisendorff, Green, Hays, Honneus, Hostetter, Hughes, Hungate, Kiser, Long, of Jackson, Long, of Kosciusko, Lopp, McClasky, McMurrary, Moore, Morrison, Montgomery, Shanks, Shields, Shook, Skidmore, Smith, of Wabash, Stackhouse, Stewart, Tebbs,
page: 445[View Page 445]Thacher, Thomas, Van Valkenburgh and Vawter- 41.
The Wabash Manual Labor College charter amendment bill [S. 242] (changes the time of holding annual mmeting of Trustees,) was passed the final reading in the House of Representatives - 70 to 2.
The Masonic buildings bill [S. 175] was finally passed the House - 76 to 0
The hog cholera prevention bill [S. 215] was passed the final reading in the House - 70 to 5, with an amendment of title proposed by Mr. LOPP, viz:
"To prevent the spread of the disease commonly called hog cholera of Spanish fever among hogs and other domestic animals and to prevent the importation of animals affected with any infectious disease."
The 23d Common Pleas district bill [S. 244] was passed the final reading in the House - 64 to 4, with an amendment of title and number - changed to 24th district.
The swamp lands indemnity certificates payment hill [S. 218] coming up -
Mr. HUGHES defended the bill.
Mr WRIGHT denounced the bill as the remains of the old swamp land swindle - as a proposition to possess the indemnity lands in Jasper county originating with Michael G Bright.
Mr HIGGINGS considered the facts such as should not admit of the passage of the bill.
Mr. HUGHES repelled any assault upon his friend [M. G. Bright] at present confined to his room by paralysis. He never turned his back on his friend.
On motion of Mr. LITSON, the bill was laid on the table - yeas 61, nays 13
On motion of Mr. ROSS (there being a dispensation for the purpose,) the bill [S. 246] fixing the times of holding terms of court in the Eleventh Judicial Circuit, (Carroll, Cass, Miami and Wabash,) was taken up and read by title and by sections
Mr. BOBO proposed to amend by adding a section to this effect:
That the courts of the county of Huntington be be held as now provided by law, with the courts of the Eleventh Judicial Circuit.
Mr SHIELDS objected, till some provision be made for Fulton county.
Mr. NEWCOMB thought the state of facts elicited here demanded that the House should take up the general court bill anc pans it
Mr. BELFORD said Fulton county was still in Judge Osborn's district.
Mr SHIELDS withdrew his objection.The bill passed - 68 to 6 - with an amendment of title including Huntington.
The House then adjourned till Monday morning at 9 o'clock.
